BAYFIELD VEHICLE HIRE TERMS & CONDITIONS CONTRACT HIRE

 

Bayfield Vehicle Hire is a trading name of Christopher Paul Ltd company number 03914892. VAT number 919703703. Christopher Paul Ltd is authorised and regulated by the Financial Conduct Authority (FCA), reference number 714883.

 

Hire Agreement. The agreement is made between Bayfield Vehicle Hire (the Lessor) and the Hirer as detailed on the agreement. By signing the Hire Agreement, the Hirer accepts these terms & conditions as part of the Hire Agreement. Please read carefully. If there is anything you do not understand or do not agree with, please ask a member of the staff. In the Hire Agreement the terms “you” or “your” refers to the Hirer and the terms “we” or “us” or “our” refers to the Lessor.

 

Application Process. All applications will be individually assessed for suitability. Any applicant with an existing County Court Judgement will not be accepted. Couriers or any form of multi drop parcel delivery operation will not be accepted. The Lessor at its sole discretion has the right to decline any application. As part of the application process we may look at your credit file with a credit reference agency. The credit reference agency will give us credit information about you including information from the electoral register. This credit search is used to check your identity and your eligibility. The credit reference agency will add details of our search to the record which they hold about you.

 

Driving Licence. All drivers must be authorised in advance by the Lessor, be aged between 25 and 70 years and able to produce a full valid UK driving licence held for at least two years with no more than six penalty points at commencement of hire. The original licence for all drivers must be provided for approval by the Lessor prior to commencement of hire. For additional drivers added after commencement of hire the original licence must be provided for prior approval by the Lessor. Driving without prior permission of the Lessor will incur an Unauthorised Driver Fee, see Schedule of Charges. Any new endorsement during the Hire Period must be advised to the Lessor. The Lessor reserves the right to refuse or withdraw hire of vehicles in the event of endorsement for dangerous driving, driving whilst drunk or on drugs, theft, unauthorised taking of vehicles, driving without insurance, disqualification or if the Hirer or any driver has more than 9 points on their license.

 

Identification. All drivers must be able to produce evidence of their National Insurance number and a recent utility bill or bank statement dated within the last 3 months as proof of address. The driving licence address and the proof of address must match.

 

Insurance. The Hirer is responsible for arranging motor insurance for the full Hire Period to cover the legal responsibility for any loss or if the vehicle is stolen or damaged and for third party liability. The Hirer must provide evidence of insurance prior to commencement of hire. We must be satisfied with the motor insurance cover and policy conditions, and these must not be changed during the Hire Period without prior permission of the Lessor. The Lessor may ask the insurer to record its name on the policy. If the vehicle is damaged or stolen, the Lessor will negotiate any settlement for loss or damage with the insurer, and will receive any money they pay out. The Lessor may take legal action in the Hirer’s name if necessary. The Hirer is responsible for paying the full claim and paying all costs if the policy fails and the vehicle is damaged, lost or stolen, or someone else makes a claim. It is the Hirer’s responsibility to ensure details of all vehicles supplied are entered onto the Motor Insurance Database (MID) within 3 days of commencement of hire. If we receive any notices or penalties relating to the vehicle being uninsured or if we check MID and find the vehicle is not insured then an Uninsured Vehicle Fee will apply, see Schedule of Charges. If notified by the Lessor that a vehicle is uninsured the Hirer is not permitted to drive the vehicle until such time as evidence of insurance has been provided and confirmed as entered on MID.

Hire Payments. A Reservation Fee of £250 plus vat is required to order the vehicle, this will be deducted from the initial payment. In the event that the order is cancelled by the Hirer before commencement of hire the Reservation Fee will not be refunded. The Initial Payment as shown on the Hire Agreement is required on or before commencement of hire. The Monthly Payment as shown on the Hire Agreement is due one month after commencement of hire and paid monthly thereafter throughout the Hire Period. All payments are taken by debit or credit card the details of which must be provided prior to commencement of hire. All payments are subject to VAT. Unauthorised or declined payments may be subject to a Missed Payment Fee, see Schedule of Charges. Hire Payments continue to be due during any period where the vehicle is off road due to breakdown, accident or theft.

 

Availability of Vehicle. Once the Reservation Fee has been paid the Lessor will use its best endeavours to make the vehicle available for delivery/collection within 14 days or as soon as possible thereafter, at all times keeping the Hirer informed of expected delivery date. Once available for delivery the Hirer must agree an acceptable delivery/collection date within 7 days.

 

Delivery Procedures. At commencement of hire the vehicle will be available for collection from the Lessors depot at Unit A2, Harcourt, Halesfield 13, Telford TF7 4PL. Alternatively a delivery service is available, a Delivery Fee may be applicable dependent on distance from TF7 4PL.

 

 

 

Hire Period. You will have use of the vehicle for the period shown in the Hire Agreement. All contract hires are for a fixed term as specified in the Hire Agreement. If you do not return the vehicle at the time and date specified in your Hire Agreement, you will be in breach of a condition of this agreement. We can charge a Late Return Fee for every day or part of the day you have the vehicle after you should have returned it to us, see Schedule of Charges. Early return is only permitted with the prior agreement of the Lessor and will be subject to an Early Return Fee, see Schedule of Charges.

 

Mileage. During the Hire Period the mileage covered by each vehicle must not exceed the mileage allowance specified on the Hire Agreement. The vehicle mileage will be recorded at the start and the end of the Hire Period, the difference between these two figures will be added to the mileage on any temporary replacement vehicles that may have been used. This will be the contract mileage and will be compared to the mileage allowance. In the event that the contract mileage exceeds the mileage allowance an Excess Mileage Fee will be charged, see Schedule of Charges. If at any point during the period of hire the contract mileage exceeds the mileage allowance by more than 10% the Lessor may ask for the immediate return of the vehicle. Hire Payments will still be payable for the remainder of the Hire Period.

 

Vehicle Maintenance. All contract hires do not include service, maintenance or replacement parts. It is the responsibility of the Hirer to ensure that oil, water and adblue levels are checked regularly and replenished to recommended levels when necessary. All vehicles are supplied new with manufacturer’s warranty. The Hirer is required to service the vehicle at the due interval according to the manufacturer’s guidelines or as advised by the service light indicator or onboard vehicle computer. All servicing and maintenance shall be carried out by the manufacturers franchised dealer using genuine manufacturer parts. An invoice as proof of service must be emailed to the Lessor at telford@bayfieldgroup.co.uk or the original provided at the end of the Hire Period. In the event of missing proof of service, missed service or late service then a Missed Service Fee will apply, see Schedule of Charges. In addition if the vehicle requires additional servicing or work to reinstate the warranty this will also be chargeable to the Hirer. Or the Lessor may charge the Hirer to compensate for the loss of residual value of the vehicle.

 

Tyre Wear and Damage. The Hirer should ensure all tyres including the spare are kept in a legal condition and comply with the vehicle manufacturer’s recommendations of tyre type, size and speed rating and should have a minimum tread depth of 3.0mm across the full width of the tyre i.e. no uneven wear. There should be no damage to the sidewalls or tread caused by kerbing or any other abuse. All tyres should be of the same type, manufacturer and speed rating. Re-moulds and budget brand replacements are not acceptable. If in doubt contact 01952 570057 or email telford@bayfieldgroup.co.uk

 

Fines. The Hirer shall be responsible for all charges, including legal and administrative costs for any road-traffic offence or parking (local authority or private), congestion or toll charges, or any other offence or charges involving the hire vehicle, including costs from the vehicle being clamped, seized or towed away. The Hirer is responsible for paying the appropriate authority or company for any charges and costs if and when they ask you or us for payment. An Administration Fee will be levied per traffic offence, per parking charge or in respect of any other charge that may be demanded by any third party in relation to the hired vehicle, see Schedule of Charges. Should you wish to appeal, contest or dispute any such fine or charge we shall pass all relevant information to you and you must liaise directly with the appropriate authority or company to obtain any refund, where this is possible.

 

Breakdown. All vehicles are covered by the manufacturers’ warranty and roadside assistance and/or independent roadside assistance. In the event of a breakdown, you must call the number highlighted on your Hire Agreement as this number is specific to your vehicle. In the event of difficulty please call us on 01952 570057. If a temporary replacement vehicle is required this will be charged at published daily hire rates.

 

Accident. All accidents must be reported to the Lessor within 4 working hours, even though the vehicle is insured by you. The Hirer or any authorised drivers will also need to take photos of the scene and any damage and to get the names and addresses of any witnesses. Any repairs, either to the bodywork or mechanical must be authorised by the Lessor in advance. All repairs are to be carried out by a manufacturer approved repairer according to the respective manufacturer’s specifications. Any vehicle that is deemed to be beyond economic repair or has major damage, the Hirer or the Hirer’s insurance agent will be obliged to purchase the vehicle at full market retail value. If a temporary replacement vehicle is required this will be charged at published daily hire rates.

 

Stolen Vehicle. If the vehicle has been stolen, the Hirer must advise the Lessor within 4 working hours and confirm this in writing as soon as reasonably possible. The Hirer or any authorised drivers will also need to get the names and addresses of any witnesses, advise of us any notices or other documents relating to any legal proceedings arising out of the theft or loss, help us and the insurers in any legal proceedings, give back all keys, report the theft or loss to the police as soon as reasonably possible, provide a crime reference number and co-operate in any way necessary to help recover the vehicle and/or mitigate the losses of the Lessor.  Any vehicle that is stolen and not recovered or deemed to be beyond economic repair or has major damage, the Hirer or the Hirer’s insurance agent will be obliged to purchase the vehicle at full market retail value. If a temporary replacement vehicle is required this will be charged at published daily hire rates.

 

 

Hirer Responsibilities. The vehicle must not be rented to any third party. No smoking is allowed in the vehicle. The vehicle should not be used for (1) any illegal purposes (2) in a way which would cause nuisance (3) to carry passengers for a fee (4) for driving lessons (5) to tow or push any vehicle, trailer or other object without our written permission (6) for racing, pace making, or to test the vehicle’s reliability, performance or speed (7) for driving off road or on roads unsuitable for the vehicle (8) for courier work or any form of multi drop parcel delivery

 

Driver Responsibilities. The vehicle should not be driven (1) if the driver has been drinking alcohol or taking drugs that would result in the vehicle being operated illegally (2) outside the United Kingdom, unless we have given you written permission (3) if it is loaded beyond the manufacturer’s maximum weight recommendations (4) to carry unsecured loads (5) to carry more passengers than the vehicle was manufactured to legally carry (6) to operate as a goods vehicle or minibus without a valid operator’s licence when required to do so.

 

Lessor Responsibilities. We will identify and tell you about any existing damage to the vehicle before you sign the Hire Agreement. The vehicle you have hired may be fitted with a tracking device, and by signing this agreement you agree that we have your consent to record and use any data we collect. The tracking device will be used to ensure safe and compliant operation of the vehicle in line with the terms of the Hire Agreement. If the vehicle is not returned on the agreed date, time and place we will use the data recorded on the device to recover our vehicle.

 

Return Procedures. The vehicle should be made available for return/collection on or before the end of the Hire Period. If the vehicle is collected then a Collection Fee may be applicable dependent on distance from TF7 4PL. The Hirer must contact the Lessor at least two weeks prior to the end of the Hire Period to arrange a mutually acceptable return/collection date and time between 08.00 hrs and 17.00 hrs. Failure to give 7 days’ notice may result in a Late Return Fee, see Schedule of Charges. Please ensure your vehicle is available on your confirmed return/collection date. Failure to do this may result in an Abortive Collection Fee, see Schedule of Charges. If the collection agent has to wait for the vehicle, then a Waiting Fee will apply after an initial 30 minutes grace period, see Schedule of Charges.

 

Damage Charges (Bayfield Owned Vehicle). The Hire Agreement will show if the hire vehicle is a Bayfield owned vehicle. The Lessor agent will carry out a basic inspection at the time of return/collection and note the vehicle condition. The vehicle will then be returned to the Lessor depot for a full independent inspection. This inspection will be carried out in line with the British Vehicle Rental and Leasing Association (BVRLA) Fair Wear and Tear Guide provided at commencement of hire (further copy available on request). The Lessor will ensure the vehicle will not be driven (other than returning to the Lessor depot after collection) or hired out until the full independent inspection has been completed. An inspection report is provided by an external independent company and may take several working days to complete. The inspection report will be made available to you if you require a copy. Based on the report an invoice for any damage, excess mileage, missed servicing, etc will be raised and emailed to you. The Hirer will then have 72 hours from the date and time that the Lessor sends the invoice to notify the Lessor of any charges being contested. Thereafter the full invoice amount will be taken using any debit or credit card details held on file. No disputes made after 72 hours will be accepted.

 

Damage Charges (Supplier Owned Vehicle). The Hire Agreement will show if the hire vehicle is a supplier owned vehicle. The Lessor agent will carry out a basic inspection at time of return/collection and note the vehicle condition. The vehicle will then be returned to the Lessor depot for a full supplier inspection. This inspection will be carried out in line with the Vehicle Condition Guidance document provided at commencement of hire (further copy available on request). The Lessor will ensure the vehicle will not be driven (other than returning to the Lessor depot after collection) or hired out until the full supplier inspection has been completed. An inspection report is provided by the supplier and may take several working days to complete. The supplier inspection report will be made available to you if you require a copy. Based on the supplier inspection report the supplier will invoice the Lessor for any damage, missed servicing etc. The Lessor will then raise an invoice for the same amount and send to the Hirer by email. The Hirer will then have 72 hours from the date and time that the Lessor sends the invoice to notify the Lessor of any charges being contested. Thereafter the full invoice amount will be taken using any debit or credit card details held on file. No disputes made after 72 hours will be accepted.

 

Outstanding Payments. All Hire Payments and charges must be paid on demand unless credit is approved in advance. The Hirer agrees that all outstanding payments can be taken by the Lessor using the debit or credit card details provided at commencement of hire or any other debit or credit card details subsequently provided. If Hire Payments or charges become overdue or invoices are not paid within agreed terms, the Lessor reserves the right to cancel a hire at any time. In the event of continued non payment a final demand will be issued for payment in full within 7 days. If there is still no payment the debt will be passed to debt collection and/or an application for a County Court Judgement will be made. A Bad Debt Fee will apply, see Schedule of Charges. If the vehicle is not returned to the Lessor depot and repossession is required then a Vehicle Repossession Fee will apply, see Schedule of Charges. Bayfield Vehicle Hire may retain any belongings that are left in the vehicle as payment toward any debt.

 

Liability. The Hirer shall be responsible for payment of the Hire Payments and any other outstanding charges as listed in the Schedule of Charges. In the event that the Hirer is a limited company and Hire Payments and charges are not paid then any director of the limited company that has signed the Hire Agreement will become personally liable for any outstanding payments or charges.

Schedule of Charges. The following Charges may apply at the sole discretion of the Lessor (with the addition of VAT):

 

Unauthorised Driver Fee – £100

Uninsured Vehicle Fee – £100

Reservation Fee – £250

Missed Payment Fee – £25

Delivery/Collection Fee – to be advised and agreed in advance

Late Return Fee – £30 per day or part thereof

Early Return Fee – lower of outstanding monthly payments or £1000

Administration Fee – £35

Excess Mileage Fee – 15 pence per mile

Missed Service Fee – £250

Vehicle Repossession Fee – £300

Bad Debt Fee – £250

Abortive Collection Fee – £100

Waiting Fee – £25 per hour or part thereof

 

General Conditions. All bookings by our customers are subject to our terms and conditions as detailed on the Hire Agreement. No other terms, conditions and warranties, expressed or implied by law, custom and course of dealing, shall form part of any contract between Bayfield Vehicle Hire and the Hirer except for those terms implied by law whose application is mandatory. The client acknowledges that in making a booking with Bayfield Vehicle Hire they do so only on the basis of the material contained in this document. All other statements or representations made by Bayfield Vehicle Hire, its employees, or agents are of no effect unless confirmed by us to the client in writing. You should satisfy yourself that you understand and agree to these terms and conditions as you will be subject to, and must comply with, these terms. Bayfield Vehicle Hire reserves the right to levy any government increase in VAT that may be introduced after the production of this document. Bayfield Vehicle Hires liability to the client for any loss, damage, injury or accident whatsoever, whether arising out of negligence, breach of contract or any other cause shall not exceed £2000 or twice the monthly invoiced price of hire of the vehicle concerned (whichever is least) provided that nothing in this clause, shall limit Bayfield Vehicle Hire’s liability for death or personal injury caused by its negligence. This does not affect your statutory rights as a consumer. Bayfield Vehicle Hire will not be held responsible for anyone driving under the influence of alcohol/drugs, causing wilful damage, off road driving or driving without due care and attention. The Hirer will indemnify Bayfield Vehicle Hire against this in respect of such claims, this list is not exclusive.

 

Breach of Conditions. If you do not keep to the terms conditions of our agreement, we can ask you to bring back the vehicle before the date and time we have agreed with you. To do this we will give you written notice in person or send it to an address you have given on our Hire Agreement, including an email address, or via text message to your mobile phone, if provided. Once we have given you the notice in person, you will no longer have our permission to have the vehicle. If we send the notice via email or SMS, you will no longer have our permission to have the vehicle. If we send you notice via first class post, two working days after we have posted it you will no longer have our permission to have the vehicle. We may then take back our vehicle. If we believe you have given us false information which was material to the decision to rent the vehicle to you, we may take back the vehicle without giving you any notice. You will be required to arrange collection of the vehicle in these instances.

 

Data Protection. The Lessor aims to comply with the Data Protection Act 1998 and is registered with the Information Commissioners Office under registration number Z1674302. By entering into the Hire Agreement the Hirer consents to the Lessor processing and storing personal information. If the Hirer breaches the agreement, the Lessor may give this information to credit reference agencies, the Driver and Vehicle Licensing Agency (DVLA), debt collectors and any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA). Personal information and information regarding the Hirer and this Hire Agreement may be shared with other rental companies, the police and other regulatory authorities for the purpose of crime detection, risk management and suitability to hire.

 

I agree to the terms and conditions detailed in this document. I agree that while the rental agreement is in force I will be liable as owner/hirer of the vehicle, or any replacement vehicle, for any fixed penalty offence, penalty charge notice, notice to owner, parking charge notice for that vehicle under s66 Road Traffic Offenders Act 1988, Schedule 6 Road Traffic Act 1991, Traffic Management Act 2004, Protection of Freedoms Act 2012 and any other relevant legislation.

 

 

 

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Name                                                                                                Date                                                               Hire agreement number