Drive Southwest Terms and Conditions – UK

Please note: The rental agreement displayed on this page is correct as of January 1st 2016 and may change

without prior notice (this includes the all the charges shown). The only legally binding agreement is the one

you will be asked to sign at time of pick up, so make sure you take the time to read it properly and ask us for

any clarification you may need.

1. Rental period

The conditions of this Agreement apply to any vehicles, rented from Drive South West .Renter will rent the

vehicle for the rental period shown on the Agreement. Drive Southwest may agree to extend this rental

period but the rental period may not normally exceed 30 days. If Renter does not bring the vehicle back on

time they are breaking the conditions in the Agreement. Drive Southwest can charge Renter for every day or

part-day Renter has the vehicle after they should have returned it to Drive Southwest. Drive Southwest will

charge Renter at the contracted rate until it gets the vehicle back.

2. Renter’s responsibilities

(a) Renter must look after the vehicle and keys. Renter must always lock the vehicle when he is not using it,

and he will incur a charge (which Drive Southwest will set) for lost keys. Renter must use any security device

fitted to or supplied with the vehicle. Renter must make sure that he uses the correct fuel. (b) Renter is

responsible for any damage to the roof or upper part of the vehicle caused by hitting low objects, such as

bridges or branches. (c) Renter must not sell, rent or dispose of the vehicle or any of its parts. Renter must

not give anyone any legal rights over the vehicle. (d) Renter must not let anyone work on the vehicle. (e)

Renter must let Drive Southwest know as soon as he/she becomes aware of any defect(s) in the vehicle. (f)

Where Drive Southwest has agreed to deliver the vehicle to Renter, Renter’s liability for damage and theft

shall begin on delivery of the vehicle. Renter must bring the vehicle back to the agreed return location, during

the hours agreed. One of Drive Southwest staff must see the vehicle to check that it is in good condition.

Where Drive Southwest has agreed that Renter may return the vehicle outside of business hours (Monday to

Friday 08:00 to 18:00), or where Renter has requested collection of the vehicle, Renter’s liability for damage,

theft and parking violations shall extend to the earlier of midday of the first working day following the

requested collection time or the time of re-inspection by a member of staff. (g) Damage to the vehicle

includes glass and tyre damage. (h) Renter will have to pay for repairs if the vehicle needs more than Drive

Southwest standard valeting (cleaning), or if the vehicle has been damaged either inside or outside (whether

or not it is Renter’s fault). (i) Renter must check before they bring back the vehicle that they have not left any

belongings in the vehicle.

3. Drive Southwest’s responsibilities

Drive Southwest has maintained the vehicle to at least the manufacturer’s recommended standard. Drive

Southwest undertakes that the vehicle is roadworthy and suitable for renting at the start of the rental period.

Drive Southwest will identify and agree any existing damage with Renter on the Rental Vehicle Condition

Report. Drive Southwest is responsible if someone is injured or dies as a result of its negligence. Drive

Southwest is also responsible for losses suffered by Renter as a result of Drive Southwest breach of the

Agreement where such losses are a foreseeable consequence of the breach in the circumstances of the

case. Losses will be foreseeable where they are in Drive South West and Renter’s contemplation of the time

the vehicle is rented. Drive Southwest is not responsible for indirect losses which happen as a side effect of

the main loss or damage and which are not foreseeable by Drive Southwest and Renter (such as loss of

profits or loss of opportunity).

4. Property

Drive Southwest is only responsible for loss or damage to property left in the vehicle if the loss or damage

results from Drive Southwest’s negligence.

5. Conditions for using the vehicle

The vehicle must only be driven by the person(s) named in the Agreement, or by anyone Drive Southwest

authorises in writing. Anyone driving the vehicle must have held a full current driving licence for at least 2

years. Renter or any authorised driver must not:

• Use the vehicle for hire or reward.

• Use the vehicle for any illegal purpose.

• Use the vehicle off-road, or for racing, pacemaking, testing the vehicle’s reliability and speed or teaching

someone to drive.

• Use the vehicle under the influence of alcohol or drugs.

• Carry a number of passengers and/or baggage which would cause the vehicle to be overloaded; or in the

case of a commercial vehicle a carrier payload which exceeds the maximum payload and individual axle

plated weights or for a purpose which requires an Operator’s Licence where renter does not have one.

• Drive the vehicle outside the United Kingdom unless Drive Southwest has given renter written permission.

6. Charges

Renter will pay the following charges:

(a) The rental charge, any applicable city supplement, the standard daily contribution to the road fund licence

and any other optional charges at the rates shown on the Agreement. (b) Any charge for loss or damage

resulting from non-compliance with Clause 2. (c) A refuelling service charge if Renter has used, and not

replaced, the same amount of fuel as Drive Southwest supplied originally. However if at the time of signing

the Agreement Renter has opted to pay for a full tank of fuel, then no refuelling service charge shall be

payable and Drive Southwest shall not give Renter any credit for unused fuel at the end of the rental period.

The refuelling charge is at the rates published at the rental location. (d) On demand, all fines and court costs

for parking, traffic or other offences (including any costs which arise if the vehicle is clamped). Renter must

pay the appropriate authority any fines and costs. If he does not, Renter will be responsible to pay Drive

Southwest’s reasonable administration charges which arise when Drive Southwest deals with these matters.

(e) On demand, the full value of the excess (security deposit as stated on the rental agreement) if it is

damaged or stolen (even if it is not Renter’s fault). You will be liable for up to, and including, the security deposit

should an insurance claim be required. Dents/scratches or paintwork damage will only be deducted to the

value of works required, and not the full deposit amount (unless the value exceeds this whereby an

insurance claim may be made). (f) On demand, a loss of income charge. Drive Southwest will charge Renter

at the contracted rate if it cannot rent out the vehicle because: it needs to be repaired, or is a write-off and

Drive Southwest is waiting to receive full payment of the vehicle’s value from our insurers. Drive Southwest will do everything it

can to make sure the vehicle is repaired or gets payment as soon as possible. Drive Southwest will never

charge Renter for more than 30 days loss of income. Renter shall also be liable to a charge for any

diminution in value of the vehicle on resale as a result of damage to the vehicle during the rental period. (g)

On demand, any charges made by Customs and Excise or any other authority as a result of seizure of the

vehicle by them, together with a loss of income charge, as provided under (f) above whilst the vehicle is

unavailable for rental. (h) Any published rates for delivering and collecting the vehicle. (i) Interest which Drive

Southwest will add every day to any amount Renter does not pay Drive Southwest on time, at the rate of 4%

a year above the base lending rate of National Westminster Bank Plc from time to time. (j) On demand, Drive

Southwest costs, including reasonable legal fees where permitted by law, incurred in collecting payments

due from Renter under the Agreement. (k) Value added tax and all other taxes and levies on any of the

charges listed above, as appropriate. Renter is responsible for all charges, even if he has asked someone

else to be responsible for them. If it is Renter’s intention to pay by credit card or charge card then Renter’s

signature on the Agreement shall constitute authority for Drive Southwest to compute and debit the final total

charges against Renter’s account with its specified card-issuing organisation, including charges due as a

result of theft of, or damage to the vehicle and any fines and court costs for parking and traffic offences as

described in Clause 6 (d).

7. What to do in case of accident or theft

If Renter has an accident he must not admit responsibility. He should get the names and addresses of

everyone involved, including witnesses. Renter should also: make the vehicle secure; tell the police

immediately if anyone is injured or there is a disagreement as to the facts; and call Drive Southwest nearest

office straight away. Renter must then fill in Drive Southwest incident report form (which must also be filled in

if the vehicle is stolen) and send it to the address given as soon as practically possible. Renter shall remain

liable irrespective of whether he has completed this form.

8. Ending the Agreement

(a) If Renter is a consumer Drive Southwest will end this Agreement straight away if it finds out that Renter’s

goods have been taken away from him to pay off his debts, or if a receiving order has been made against

him. Drive Southwest will also end this Agreement if Renter does not meet any of the conditions of the

Agreement. (b) If Renter is a company, Drive Southwest will end the Agreement straight away if: Renter

goes into liquidation; Renter calls a meeting of creditors; Drive Southwest finds out that Renter’s goods have

been taken away from it until it pays off its debts; or Renter does not meet any of the conditions of

this agreement. (c) If Drive Southwest ends the Agreement it will not affect Drive Southwest right to receive

any money it is owed under the conditions of the Agreement. Drive Southwest can also claim extra

reasonable costs from Renter if Renter does not meet any of the conditions of the Agreement. In the event of

material breach by Renter, Drive Southwest can repossess the vehicle and charge Renter any reasonable

costs of repossession.

9. Governing law

The Agreement is governed by the laws of England. Any dispute may be submitted to the non-exclusive

jurisdiction of the English courts. If any provision of this Agreement is or becomes invalid or unenforceable

the remaining provisions shall not be affected.

10. Cancellation Policy

We will always do our best to work with you in re-organising a hire you have to postpone or cancel, however

our standard cancellation terms and charges are:

Cancellation 14 days or more before the start of the hire: 25% of hire charge as cancellation fee

Cancellation 7-14 days before the start of the hire: 50% of hire charge as cancellation fee

 

TERMS OF INSURANCE:

Notwithstanding anything contained herein to the contrary it is hereby understood and agreed that

this insurance covers the insured vehicle whilst let out on hire, subject to the following conditions: –

1) The Hirer shall verify the identity and permanent address (of hirer) and any other permitted driver by

means other than relying solely on the information contained on their driving licence and that such person is

not amongst the excluded persons enumerated below.

2) The Insured Vehicle shall not be let out on hire to or be driven by: –

a) Hirers under the stated minimum age or over 65 years of age unless otherwise agreed by the Insurer.

b) Hirers who do not hold a full valid United Kingdom or EU driving licence for 36/60 months (vehicle dependant)

c) Hirers aged 21 to 24

d) Persons who have been convicted of an offence in connection with the driving of a motor vehicle or

motorcycle and/or have had their driving licence endorsed or suspended or penalty points imposed. Parking

and not more than two speeding offences in the past 3 years may be ignored. “Spent” convictions, covered by

the Rehabilitation of Offenders Act 1974 may be disregarded.

e) Persons who have any mental or physical defect or infirmity or suffers from fits, diabetes or any heart

complaint.

f) Persons who have had their insurance declined and/or renewal refused and/or special insurance terms

imposed as a result of claims experience and/or have had their insurance or cover cancelled by any Motor

Insurer.

g) Persons engaged wholly or partly in professional entertainment or professional sports persons.

h) Jockeys and persons connected with racing of any sort.

i) Undergraduates and/or students under 25 years of age.

j) Persons who, whilst driving, have been involved in more than one accident during the past 3 years.

k) Foreign Service Personnel other than persons born in the United Kingdom.

3) The insured vehicle shall be driven only by the Hirer or other permitted driver who has completed and

signed a Rental Agreement Form immediately prior to any hiring.

4) The Insurer’s form of proposal for Hirer Drive insurance or as otherwise may be specifically agreed shall

be completed and signed by each Hirer or other permitted driver. Such proposal shall be forwarded

immediately to the Insurers. The proposal must be fully completed by the Hirer or other permitted driver in all

respects. In addition to the usual declaration and warranty contained in the proposal, the following

declaration shall appear on the proposal, namely: – “I further agree to be bound by the terms and conditions

of the Insurance which I have seen and read or have had the opportunity to see and read”.

If the statements and particulars in the proposal are in the handwriting of any person other than the Hirer or

other permitted driver, such person shall be deemed to have been the Hirer’s or other permitted driver’s

agent for the purpose of completing the proposal form.

5) The Insured shall be considered as the being the agent for the Hirer or other permitted driver for all

purposes in connection with this insurance but under no circumstances shall the Insured be considered as

agent for the Insurers.

6) The vehicle shall not be used for the carriage of goods of an explosive, dangerous or hazardous nature or

for the carriage of goods or passengers for hire and reward or any other form of profit or remuneration.

Subject otherwise to the terms, exceptions and conditions of this insurance