Terms & Conditions
In this agreement the following terms shall have the meanings and hereby assigned to them:-
- Lessor: Arrow Self Drive
- Hirer: The person named as such overleaf.
- Driver: The Hirer and/or other person named as such overleaf or any other person previously approved by the Lessor to drive the vehicle.
- Accessories: The spare wheel, tools, roof rack and other items with which the vehicle is supplied, and any replacement thereof.
- Rental Period: The period from the date and time out stated overleaf until the delivery of the vehicle into the physical custody of the Lessor.
- Rental Charges: The hire charges for the rental period calculated in accordance with the Lessor’s current tariff.
- Excess Amount: The sum specified overleaf as the excess amount.
- Collision Damage Waiver: A fee calculated in accordance with the Lessor’s current tariff, which relieves the Hirer of all liability to pay the excess amount.
- Personal Accident (PA), Personal Effects (PE), Goods in Transit (GIT)
- CDTW Fees: Fees that entitle the Hirer to the benefits of the cover set out in the master policies issued to the Lessor.
- Current Tariff: The Lessor’s tariff current at the commencement of hire
- The Insurance Policy: The Lessor’s Policy of insurance on the vehicle, a copy of which is available for inspection at the main office of the Lessor.
Should the person signing the Agreement not be the Hirer, he or she warrants that they are authorised to sign for the Hirer and by doing so is jointly and severally liable with the Hirer under this agreement.
The Hirer, his servant, driver or agent, will not pose as a servant or agent of the Lessor.
The Hirer or driver should be aware of the age stipulations under which this agreement is made.
The period of rental covered by this contract is shown overleaf on the rental agreement
The lessor is not liable in any circumstances for loss or damage to property carried on or in the vehicle, or for any property left in the vehicle on return. The Hirer will indemnify the Lessor against such claims.
Without written consent from the Lessor, the Hirer may not remove the vehicle from the British mainland or any British Isle from which the hire began, and may not take the vehicle from Ulster to Southern Island.
Without written consent the Lessor’s vehicle may not be used to propel or tow any other vehicles or trailer.
The Hirer will not use the vehicle in a manner that would render void the insurance policy under which the vehicle is operating or in contravention of any Road Traffic Act or Construction and Use Regulations, or by any person who is not of stipulated age and licenced to drive, or under the influence of alcohol or drugs, nor in the event of mechanical, electrical or structural failure or damage where further damage may thereby be caused.
It is a breach of the Agreement for the Hirer to fail to return the vehicle to the lessor at the end of the rental period, and the damages payable for such breach will be the rental charges that would be payable on the Lessor’s current tariff for the period until the Lessor recovers the vehicle or receives the full value thereof.
The Hirer is not authorised to effect any necessary repairs to the vehicle above the value of £25.00 without the Lessor’s prior consent. Save to the extent that there may be excess on the Lessor’s insurance that the Hirer is obliged to pay. The Lessor will refund to the Hirer the cost of necessary repairs not exceeding £25.00 (or more if the lessor’s consent is gained) on production of a bona fide V.A.T receipt and replaced parts.
If the Hirer commits any breach of the Agreement the Lessor may treat the Agreement as terminated and take possession of the vehicle.
The Lessor offers no refunds in any circumstances and the Hirer accepts this at the time of booking.
Please note all accounts beyond our credit terms will be passed on to our debt collection agency, Sinclair Goldberg Price Ltd. All accounts, without exception, will be subject to a surcharge of 15% plus V.A.T to cover our costs of recovery. These accounts will also be subject to any legal costs incurred in obtaining settlement.
The customer shall pay all sums due to the Company under the terms of the Agreement in full without any withholding or deduction whatsoever and free any rights of set-off and counter claim. In particular if goods are on or after delivery found to be defective, lost, damaged or unsuitable for any reason the….. will not have to replace them or any part of them, the customer will not be released from any obligation to pay money to the company under this agreement.
The customer agrees if goods are found to be defective, lost, damaged or unsuitable for any reason the Company will not have to replace them or any part of them, the customer will not be released from any obligation to pay money to the Company under this agreement.
The customer must not take the vehicle out of the United Kingdom without written permission from Arrow Self Drive.
The Company shall be entitled to assign or transfer this Agreement and the Company’s rights under it without the customer consent. The Customers rights under this agreement are personal and cannot be assigned or transferred without the prior written consent of the Company (the granting of such a consent to be at the Company’s absolute discretion).
The Hirer Warrants
- To operate the vehicle such that the correct levels are maintained for engine oil, battery fluid, coolant, screen wash and automatic transmission fluid (where applicable) and check tyre inflation pressure throughout the hire period
- To ensure that the vehicle is secure when unattended, taking all reasonable precautions to prevent loss or damage to the vehicle, its tyres, tools, accessories, equipment or contents.
- In the event of any damage, loss or fault development to inform the Lessor immediately and to permit the Lessor to carry out essential repairs, servicing or maintenance.
- In the event of any accident to protect the interest of the Lessor’s Insurance Company during the period of hire by; a) Not admitting liability or guilt b) Making every endeavour to obtain names and addresses of parties involved and of independent witnesses c) Notifying the police immediately if another party’s guilt has been ascertained or if people or animals are injured d) Not abandoning the vehicle without adequate provisions for safeguarding and securing the same e) Calling the Lessor in case of damage further providing a detailed report and diagram to the Lessor.
- To return the vehicle together with it’s accessories, tyres, tools and equipment to the Lessor at the place of origin of the hire (unless otherwise agreed overleaf) at or before the end of the rental period or in the earlier termination of the Agreement in the condition prevailing at the commencement of the rental (fair wear and tear excepted), clean and tidy (traffic grime accepted)
- Even though it may be the Lessor’s insurance, the Hirer shall be liable to pay for the cost of repair or replacement for any damage suffered by the vehicle as a result of wilful action of the Hirer, their servant or agent.
- To pay on the Lessor’s current tariff for rental and fuel, to pay for any accessories, tyres, tools or equipment lost, stolen or damaged. To pay the Lessor’s costs of recovering the vehicle in the event that the Hirer fails to return it to the Lessor. To pay any penalties, fines or court costs incurred in the use of the vehicle before it is returned to the Lessor and which the Lessor is obliged to pay (save when caused by the fault of the Lessor) and to pay V.A.T where appropriate at the current rate.
- The Hirer furthermore agrees to pay all outstanding rental amounts due. If the Hirer pays by credit card, it is agreed that any additional amounts can be deducted in the event of damage to the Lessor’s vehicle or property.
- The Hirer understands that the deposit amount will be deducted in the event of damage to the Lessor’s vehicle or any third party’s vehicle or property
- The Hirer will not sell, offer for sale, assign, mortgage, charge, underlet, lend or otherwise deal with the Goods or any interest in them or this agreement, nor allow the creation of any lien over them which is not discharged within 7 days of it arising, provided that this clause shall not prevent the customer from parting with possession of the goods for the purpose of repair.
Title to the Goods
It is expressly understood that the title to the Goods does not pass to the Customer by virtue of this agreement and the customer shall have no rights or interest to or in the goods save expressly provided under this agreement.
The Hirer shall be liable as owner of the vehicle in respect of:-
- Any fixed penalty committed in respect of that vehicle under Part 111 of the Road Traffic Offenders Act 1988 as amended by the Parking Act 1989 and any subsequent legislation or orders and any such offence committed under the equivalent legislation applicable to Scotland and
- Any excess charge which may be incurred in respect of the vehicle in pursuance of an order under sections 45 and 46 of the Road Traffic Regulations Act 1984 and any subsequent legislation or orders and any such offence committed under the equivalent legislation applicable to Scotland and
- As a result of the vehicle having being parked or left upon land which is not a public road, any charge or financial penalty which might be demanded by any corporation, authority or person
- Any provisions that may be replaced or amended in respect of the above Acts, Regulations or penalties, including the equivalent legislation applicable to Scotland.
- To pay the Lessor for any fine, toll or charge issued during the rental period, along with the Lessor’s standard administration fee as stipulated by your local depot.
The Lessor Warrants
- To provide the Hirer with a vehicle where all reasonable steps have been taken to ensure it’s road worthiness and ensure it is well maintained
- When informed of a breakdown by the Hirer to see that the necessary repairs are carried out promptly
- If prompt repair is not possible, to provide a substitute vehicle or allow the Hirer to terminate the hire
- The Lessor shall not be liable to the Hirer or any driver or any third party for any loss howsoever caused
Using the Lessor’s Collision Damage Theft Waiver (CDTW)
- This agreement is subject to and deemed to include the terms, conditions and limitations of the Lessor’s CDTW policy
- Under this Agreement the vehicle hired may only be driven by the person signing the Agreement and those additional authorised drivers who have completed a CDTW Proposal Form accepted by the Lessor.
- The Hirer agrees to pay CDTW charges on the Lessor’s current tariff and (except when the Hirer has agreed to pay the Collision Damage Waiver charge) the cost of any collision damage repair up to the amount of the excess
- In the event that the vehicle suffers any damage as a result of the wilful action of the Hirer or any servant or agent of the Hirer, even though it may be covered by the Lessor’s CDTW, the Hirer shall still be liable to pay the cost of repair.
Using Hirer’s Own Insurance
- The Hirer undertakes to insure the vehicle, equipment and accessories in its full value against loss or damage (including windscreen damage) by accident, fire or theft under a comprehensive policy by an insurer approved by the lessor. At the Lessor’s request the Hirer must provide full details of the policy before hire commences and shall instruct his insurers that the Lessor’s name be endorsed on the policy
- The Hirer shall not use or permit the vehicle to be used in contravention of the terms and Conditions of the Hirer’s policy
- The Hirer shall provide that any compensation due with regard to the Hirer’s policy is paid directly to the Lessor. The Hirer will also be liable to compensate the Lessor for ALL loss or damage incurred by the Lessor in addition to the monies (if any) paid to the Lessor by the Hirer’s insurers
Agreement Time Limitation
The total rental period for this Agreement to operate may not exceed 90 days
This Agreement will also end if the Lessor is in breach of the terms under which the Lessor has (if it has) taken the vehicle on hire, hire purchase or similar agreement terms from any third party, and such breach has given rise to the hiring of the vehicle being terminated under the terms of that other agreement. In such circumstances, the owner of the vehicle shall notify the Hirer of such termination and the Hirer shall return the vehicle to the Lessor immediately (or as the owner directs)
Automatic Termination: If:
- The Customer
- Is unable to pay its debts as they fall due;
- Convenes any meeting of all or any of its creditors or makes a deed of assignment or arrangement or otherwise compounds with all or any of its creditors;
- Is liquidated or wound up or has petition for winding up presented against it or passes a resolution for voluntary winding up (otherwise than in the course of a reconstruction approved by the Company);
- Has a petition for the appointment of an administrator presented against it or any steps are taken to appoint an administrator in respect of it or it has a receiver or administrative receiver appointed over all or any of its assets;
- Is subject to any procedure that is analogous to those described in clauses (B) to (D) (inclusive) in any jurisdiction;
- Has a bankruptcy order made against it (or in Scotland is sequestrated or becomes apparently insolvent);
- Dies; or
- Ceases trading or, if the Customer is a partnership, the partnership is dissolved or terminated; or
Any step is taken to levy distress or execution or any distress or execution is levied or threatened to be levied upon the Goods or goods in its possession (or in Scotland the exercise of a right of hypothec over the goods or any form of diligence is done or threatened by a third party affecting the goods), then this agreement shall automatically and without notice terminate and the hiring of the Goods under this Agreement shall terminate, and the company may, at the customers cost, repossess the Goods and may enter any premises in which (or in which the Company believes) the goods are in order to do so and the Customer shall ensure the Company can access the premises where the Goods are or are believed to be.
Termination by the company if
- The customer fails to pay punctually any sum payable under this agreement on its due date or there is any other breach by the customer of this agreement; or
- The customer fails to pay any sum due under, breaches the terms of any other agreement in force between the Customer and the Company or any loan lease debt or security agreement in force between the customer and any other party, or any event occurs by virtue of which any contract between Arrow Self Drive and the customer determines or which entitles Arrow Self Drive to terminate any such contract or make demand for payment of, or receive accelerated payment of, any sum payable under any such contract; or
- Any representation or warranty made by the customer under or in relation to this Agreement is or becomes incorrect or misleading; or
- There is, in the Company’s opinion, a material adverse change in the Customer’s financial position or business; or
- In the Company’s opinion, the Goods are in such jeopardy as may affect the interest of the Company; or
- The Customer ceases or threatens to cease to carry on business, or there is any change in the control (whether direct or indirect) of the Customer, or any Holding Company of the Customer; or
- The customer disposes of or threatens to dispose of a material part of its business; or
- The Customer does or allows to be done any act or thing that may prejudice or endanger the Company’s property or rights in the Goods; or
- The Customer abandons the goods:; or
- Any even set out in clauses 1:A, 2:D, 2:F or 2:G occurs in relation to any Customer Company or Surety;
The Company may by written notice to the Customer immediately end this Agreement and / or the hiring of the Goods under this Agreement and the Company may, at the Customer’s cost, then repossess the Goods and may enter any premises in which (or in which the Company believes) the Goods are in order to do so and the Customer shall ensure the Company can access the premises where the Goods are or are believed to be.
By entering into this rental agreement you agree that we can process and store your personal information in connection with this agreement including data collected from the vehicle. We may use your information to analyse statistics, for market research, credit control and to protect our assets.
We may need to share your information with selected 3rd parties for performance of this contract including:
Our breakdown provider if the vehicle suffers a breakdown
Our insurer if they request it or if you are involved in an accident
The DVLA if you take the vehicle abroad and they request the details of the VE103B which was issued to you for audit purposes
You agree that if you break the terms of this agreement we can pass your personal information to credit-reference agencies, debt collectors, the police or any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), which can share your personal information with its members to prevent crime and protect their assets, as allowed under any applicable data protection legislation.