Terms and Conditions - Rental agreement
1. Your contract with us
1.1. When you sign this agreement, you accept the conditions set out within and accept that any authorised driver is also bound by its terms. The conditions of this agreement apply to any vehicle listed on it, including replacement vehicles and any agreements extending from it.
2. Rental period
2.1. You will have the vehicle for the rental period shown in
the agreement. If you do not bring the vehicle back on
time you are breaking the conditions of this agreement
and any insurance cover paid for will expire at the end
of the agreed period. We may agree to extend this
rental period but only if you contact us before the end
of the original period and payment is made in full in and
in advance. Failure to return the vehicle at the end of
the agreement will result in charges being levied. These
charges will be based on the S6 Hire rental tariff
for the group of vehicles to which the vehicle belongs.
If you do not return the vehicle at the end of the rental
period or the agreed extension(s), and we fail to obtain
payment for the unauthorised period of use, we may
report the vehicle as stolen to the police.
3. Your responsibilities
3.1. You are authorised to use the vehicle in accordance with
these terms and conditions, which includes using the
vehicle in a responsible manner at all times. If you do not
comply with these conditions, you will be liable to us for
any damages or reasonable expenses we suffer or incur as
a result of your breach. We reserve the right to reclaim the
vehicle at any time, and at your expense, if you are in breach
of this agreement.
3.2. You must look after the vehicle and the keys to the
vehicle. You must always lock the vehicle when you
are not using it and use any security device fitted or
supplied with the vehicle. If the vehicle is left unlocked,
or the keys are left in the vehicle and it is subsequently
stolen, or if you give the keys to another person who is
not a named driver, you will be liable for any damage
sustained to the vehicle or the full cost of the vehicle (if
not returned). This also includes any additional costs incurred, including
recovering the vehicle.
3.3. You must take all reasonable precautions to protect
the vehicle against adverse weather which may cause
damage.
3.4. You must make sure that you use the correct fuel in accordance with the manufacturer’s guidelines. Failure to do so will result in you being liable for the full
cost of recovery and repair. Our vehicles are not suitable
to be run on biodiesel.
3.5. You must check the bulbs and tyre pressures regularly.
3.6. You must check the oil and other fluid levels regularly
and refill, as necessary.
3.7. You must not smoke in the vehicle.
3.8. You must not carry more passengers than the vehicle is
designed to carry.
3.9. You must not exceed the maximum payload for the vehicle.
3.10. You must not sell, rent or dispose of the vehicle or any
of its parts. You must not give anyone any legal rights
over the vehicle.
3.11. You must not let anyone carry out maintenance or
repair of the vehicle without our permission. If we do
give you permission, we will only give you a refund on
the production of a VAT receipt for the work, up to
a value of £100. You must not present yourself as an
agent or representative of S6 Hire or any partner companies
3.12. You must notify us if the vehicle reaches the mileage
at which a routine service is due and make the vehicle
available to us for such servicing to be carried out, or
for the vehicle to be replaced. If there is not a handbook
available in the vehicle then contact the branch
for details.
You must make the vehicle available to us for any recalls.
You are responsible for any damage to the vehicle caused
by hitting low-level objects such as bridges or low branches.
This responsibility is not excluded by the purchase of an
excess waiver. You are also responsible for any damage
caused by failure to pay due care and attention to
potential hazards.
3.13. You must not use or allow the vehicle to be used
off-road or on roads unsuitable for the vehicle.
3.14. You must cease to use the vehicle and contact us
immediately if any accidental damage, structural
damage, mechanical failure or malfunction may
cause further damage if the vehicle were continued
to be used.
3.15. You must, if possible, obtain the names and addresses
of third parties involved in any accident, vandalism or
damage to the vehicle and inform S6 Hire, the
police and insurers if applicable
3.16. You agree that we are entitled to charge you a
reasonable additional cost should the vehicle require
more than our standard cleaning on its return to restore
it to its pre-rental condition (allowing for fair wear and
tear) or if you have damaged the inside of the vehicle.
These charges will remain despite the purchase of an
excess waiver.
3.17. You must bring the vehicle back to the agreed rental
office during the opening hours displayed at the office.
One of our rental staff must see the vehicle to check
that it is in good condition. You will remain responsible
for the vehicle and its condition until we do so.
3.18. You acknowledge that you will be held responsible for
any loss or damage to the vehicle, its documents, and
its parts and accessories, arising during the rental
or any extension until the vehicle has been checked
by a member of the rental staff.
3.19. You agree that this agreement and accompanying
documents amount to the contract between you and
S6 Hire. You agree that any alteration to the
contract will be valid only if it is in writing and signed by
S6 Hire.
3.20. You agree that S6 Hire’s failure to enforce any term
of this agreement does not amount to a waiver of rights
under this agreement.
3.21 You agree that you cannot assign this agreement.
4. Our responsibilities
We have maintained the vehicle to at least the manufacturer’s recommended standard. We assure you that the vehicle is roadworthy and suitable for renting at the start of the rental period. You are not liable for any loss or damage charges to the extent attributable to our failure to maintain the vehicle or covered under a manufacturer warranty.
5. Property
5.1. We are not liable for loss or damage to any property or personal belongings left in or on the vehicle, either during or after the period of the rental.
6. Conditions for using this vehicle
The vehicle must only be driven by you or any other
Named driver authorised by us and added
to the agreement. Anyone driving the vehicle must have
a current, full driving licence valid in the UK for the type
of vehicle rented and held for a minimum of four years.
Authorised drivers must have a clean driving licence record,
although certain endorsements may be accepted with prior
permission from our insurance company.
6.1. We are not liable for loss or damage to any property
or personal belongings left in or on the vehicle, either
during or after the period of the rental.
You or any other authorised named driver must not:
6.2. Use the vehicle for hire and reward.
6.3. Use the vehicle for any illegal purpose.
6.4. Use the vehicle for racing, pace making or testing
the vehicle’s reliability and speed.
6.5. Use the vehicle while overtired, or under the influence
of alcohol, drugs, medication or any other legal or illegal
substance which may impair consciousness or your
ability to react.
6.6. Drive the vehicle outside UK mainland unless you have
obtained our prior written consent, including a Vehicle
on Hire certificate (VE103), and arranged European
breakdown cover which would repatriate our vehicle
to the UK. Additional charges will apply.
6.7. Use the vehicle when it is overloaded or when loads are
not properly secured.
6.8. Use the vehicle for towing unless we have given prior
written permission.
6.9. Attach or load any rack to the outside of the vehicle
e.g. bike rack, roof rack or ladder rack without prior
written permission
6.10. Modify the vehicle in any way without prior written
permission.
6.11. Use it for a purpose for which you need an operator’s
licence if you do not have one (if the vehicle is a
commercial vehicle).
6.12. Use the vehicle to carry any animals, pets, object or any substance
which, because of its condition or smell, may harm the
vehicle and/or delay our ability to rent the vehicle again,
this includes hazardous materials or dangerous goods.
6.13. Use the vehicle in contravention of any traffic laws
or other regulations.
6.14. Use the vehicle on any airside area of an airport used
for the take-off or landing of aircraft.
6.15. Use the vehicle for the movement, parking, refuelling
or servicing of aircraft, including areas used by ground
equipment, without our express consent.
7. Charges
You will pay the following charges:
7.1. The rental and any other charges we work out according
to this agreement.
7.2. Any charge for loss or damage from not keeping to
conditions three or six.
7.3. Replacement costs for lost or damaged keys including
vehicle recovery or recoding costs.
7.4. A refuelling charge if you have used, and not replaced,
the quantity of fuel we supplied at the start of the
original hire, and that of any other vehicles driven during
the duration of the hire period.
7.5. All fines and court costs for parking, speeding, road
traffic or other offences (including any costs which
arise if the vehicle is clamped or towed away). You must
pay the appropriate authority any fines and costs if
and when the authority demands this payment. If you
do not, you will be responsible to pay our reasonable
administration charges which arise when we deal with
these matters.
7.6. The reasonable cost of repairing any extra damage
which was not noted on our pre-rental check form at
the start of the hire, whether you were at fault or not.
7.7. The reasonable cost of replacing the vehicle if it is stolen
as a direct result of you not keeping to condition three.
7.8. A loss of use charge, when we demand it, if we cannot
rent out the vehicle because it needs to be repaired, is a
write-off (cannot be repaired) or it has been stolen and
we are awaiting to receive full payment of the vehicle’s
value (this will not be more than 30 days). We will
always do everything we can to make sure the vehicle
is repaired or we get payment as soon as possible.
7.9. Any charges arising from HM Revenue & Customs
(or any public body) seizing the vehicle, together with
a loss-of-income charge while we cannot rent out the
vehicle, if and when we demand this payment.
7.10. Any published rates for delivering and collecting
the vehicle.
7.11. Interest which we will add every day to any amount you
do not pay us on time at the rate of 5% per annum over
the current Bank of England base rate.
7.12. Value added tax and all other taxes on any of the
charges listed above, as appropriate. You are responsible
for all charges, even if you have asked someone else to
be responsible for them. You also acknowledge that we
are entitled to charge any credit, charge or debit card
nominated at the time of the rental for any charges
due to us pursuant to this agreement.
8. Our insurance
We have a legal responsibility to ensure our vehicles are
covered by a minimum of third-party insurance which
provides cover for any third-party personal injury or
property damage. This insurance is provided by us and is
included in the rental charge unless we agree your own
insurance will cover the rental.
8.1. We will provide cover for damage to the vehicle,
however, you will still be required to pay the agreed
excess amount every time the vehicle is damaged. (i.e. if there are 3 areas of damage, caused by 3 separate incidents, 3 excess amounts will apply)
8.2. An excess waiver does not cover lost or damaged keys,
or damage to the interior of the vehicle. Nor does it
cover damage to the vehicle caused by hitting low–
level objects such as bridges, low branches or damage
caused by failure to pay due care and attention to
potential hazards. It also does not cover costs following
a road traffic accident where our vehicle has to be
recovered from an off-road location and there is no third
party involved.
8.3. We will provide cover for theft of our rental vehicle,
however, you will still have to pay the agreed excess
amount should the vehicle be stolen. This excess
remains payable to us despite the purchase of an
excess waiver.
9. Your insurance
9.1. If we agree, you may arrange your own insurance for the rental as long as you provide evidence the insurance is valid for our vehicle and for the duration of the rental. You must also sign this agreement in the appropriate section. We have to agree the amount of cover you arrange, the type of policy and the insurer you have chosen. The cover arranged must be fully comprehensive and any excess on the policy is the responsibility of the policyholder and must be paid to us where appropriate. We must be satisfied with the cover and policy conditions and you must not change them. We may ask your insurers to record our name as owners of the vehicle. If the vehicle is damaged or stolen, you will let us negotiate with the insurers about whether the vehicle can be repaired or what compensation is due to us. You are financially responsible for settling the full claim and paying all costs if the policy you have arranged fails and the vehicle is damaged, lost or stolen, or a claim is made by any other third party.
10. Data protection
Disclosing your information
We may disclose your personal information to third parties
under the following circumstances:
10.1. If we sell our business or assets, in which case we may
disclose your personal data to the prospective buyer of
such business or assets.
10.2. If S6 Hire, or substantially all
of its assets are acquired by a third party, the personal
data held about its customers will be one of the
transferred assets.
10.3. If we need to comply with any legal obligation,
or to enforce or apply our terms of use and other
agreements.
10.4. If we need to protect the rights, property, or safety of
S6 Hire, our customers, or others. This
includes exchanging information with other companies
and organisations, such as the police, HMRC or local
councils for the purposes of fraud protection and credit
risk reduction.
10.5. We may contact a data cleansing organisation to ensure
all data is accurate and up to date.
10.6. If we are required by the BVRLA or DVLA to provide
evidence of drivers of our vehicle for audit or legal
purposes.
10.7. If required, we may contact debt collectors to recover
any funds outstanding on your account. You will receive
prior written notice before this process begins.
10.8. If required, your details may be provided to the BVRLA
to share with their other operators for the prevention of
fraud and crime.
10.9. S6.co.uk will not otherwise share your personal
information with the third parties without your prior
consent, unless it is necessary for the completion of
our mutual contract. For full details on how we use
the information you have provided to us, and a list of
the third parties we are in contact with, please see our
privacy policy at
10.10. It is your responsibility to ensure that any personal data
is removed from the vehicle before it is returned to us.
This includes, but not limited to, any information you
have entered into a telephone, satellite navigation or
other on-board systems. In the event that you fail to do
so, we shall not be held liable if your data is not removed
from the vehicle before it is hired or sold to
another party.
Access to your information
You may request, at any time, a copy of the personal
information the company holds about you, at no cost.
Should you wish to access or update the personal
information we hold, please contact us by sending a
written request to our Customer Contact at S6.co.uk
If you wish to have the information the company holds on your person removed, please request this in writing to Customer contact at S6.co.uk. As long as your information is not pertinent to the completion of a contract, or required for any legal reason, it will be removed. If you are concerned we are not using your information in accordance with the law, or are not satisfied with our response to a request made above, you can complain to the Information Commissioners Office.
11. Ending the agreement
11.1. If you are a consumer, we will end this agreement
straight away if we find out your belongings have
been taken away from you to pay off your debts,
or a receiving order has been made against you.
11.2. We may end this agreement at any time if we believe
you are in breach of this agreement.
11.3. If you are a company, we will end this agreement
straight away if you go into liquidation, call a meeting
with your creditors, have had goods taken away from
you until you pay your debts, or you do not meet any
of the conditions of this agreement.
11.4. If we end this agreement, it will not affect our right to
receive any money we are owed under the conditions
of this agreement. We can also claim reasonable costs
from you if you do not meet the main requirements
of this agreement. We can repossess the vehicle
(and charge you a reasonable amount) without using
unreasonable force or causing damage.
12. Consumer contracts (Information, cancellation and
additional charges)
Regulations (the ‘Regulations’)
12.1. If the contract between you and us is an off-premises
contract, for the purposes of the Regulations, you are
advised that Regulation 28 (1)(h) applies to the contract
and the right to cancel (contained in part three of the
Regulations) does not apply to the contract.
13. Entire agreement
13.1. We consider that this agreement constitutes the whole agreement between you and us.
14. Invalidity
14.1. If any part of the terms and conditions are unenforceable, the enforceability of any other part will not be affected, with all other clauses remaining in full force and effect. So far as possible, where any clause or sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause or sub-clause as is permitted below.
15. Liability
This agreement is between you and us. No other person shall have any rights to enforce any of its terms. If more than one person entered into this agreement, you are jointly and severally liable for the obligations under this agreement. This means that each of you is separately responsible for performing all of the obligations, including payment, under this agreement.
16. Governing law and jurisdiction
These terms and conditions are to be construed in accordance with Scots law.
17. Complaints handling procedure and ADR
17.1. In the event of a complaint or dispute of any kind, our
complaints handling procedure can be found on our
website at www.s6.co.uk and is available
from us on request.
17.2. When your complaint cannot be resolved, and our
internal process has been exhausted, you may refer
the dispute to the following ADR process - the BVRLA
conciliation service. Visit the BVRLA website via:
www.bvrla.co.uk/advice/guidance/using-bvrlasconciliation-service
17.3. Where any dispute cannot be resolved through ADR, according to governing law and jurisdiction, the contract shall be governed and construed in accordance with Scots law.
18. Statutory rights
Your statutory rights are not affected.
19. Third party rights
19.1. This agreement does not create any rights in favour of third parties under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce or otherwise invoke any provision of this agreement.