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1. Terms of Rental
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It is important that the customer ("you") read and
understand these terms before you sign the Start
Rental Agreement or, if you do not sign a Start
Rental agreement, before the rental detailed in the
Start Rental Agreement commences. These are
the terms under which the vehicle is rented to you
by Europcar ("us") or "we") and on which any
insurance cover is provided for you by us.
If you are signing the Start Rental Agreement for
somebody else (for example your employer), you
must tell us before you sign it. By signing for
someone else, we will be entitled to assume you
have their agreement to commit them to follow
these terms and to pay all the charges and other
monies. If you are not authorised to sign for
someone else you will be responsible as if you
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signed the Start Rental Agreement in your own
name.
Where insurance cover is being provided for you,
please read the following carefully:
- The insurance cover may be cancelled if you
have given any false information;
- Only drivers we have first approved are covered
by insurance;
- The insurance cover can end if you do not return
the vehicle to the agreed place at the agreed time
We reserve the right to decline any prospective
rental based upon reasons of credit worthiness,
accident history or any other reason in our sole
discretion.
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2. Our Charges
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You must pay us the rental charge, inclusive of any
insurance provided by us and other charges shown
on the Start Rental Agreement, plus any Value
Added Tax. If you do not pay us money you owe us
on time, we will charge you interest until you do.
We will charge interest at 15% per annum. You will
also have to pay the losses and costs we run up
whilst we are preparing, carrying out or trying to
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enforce these terms.
An Additional Driver charge will apply to any other
person approved by us in writing to drive the
vehicle in addition to yourself.
A Young Driver Surcharge will apply to any person
over the age of 23 but under the page of 25 who is
approved by us in writing to drive the vehicle.
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3. Insurance
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Except where we have agreed you may arrange
your own insurance, we will provide you with the
third party cover ("TPC") which the Road traffic act
1998 requires you to have. TPC provides you with
unlimited cover against claims relating to bodily
injury or death arising from your use of the vehicle,
together with £250,000 cover for property damage.
It is important you and anyone else we authorise to
drive the vehicle understand that you are bound by
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and accept the terms and conditions of any
insurance policy which we provide for you. Copy
Policies are available on request.
You can arrange your own fully comprehensive
insurance but you must have our permission in
writing first and you must provide us with a valid
cover note before their rental commences. Full
details are available from our Head Office.
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4. Liability
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The insurance provided in accordance with the
Road Traffic Act only provides cover against your
liability to third parties in the terms set out in the
Policy, a copy of which is available on request. For
example, it does not cover:
- theft of the vehicle, or damage due to the theft or
attempted theft of the vehicle, its parts or
accessories;
- theft of any property in the vehicle
- damage to the vehicle, its parts or accessories;
- any financial loss we suffer because we cannot
use the vehicle for our rental business as a result
of theft or other loss or damage;
therefore you will have to pay to us the full value of
any loss or damage to the vehicle, its parts and
accessories and any financial loss we suffer
because the vehicle is stolen or damaged and we
cannot use it, together with any towing or storage
costs. Loss of use charges for vehicles will be
applied at the daily rental rate prevailing for the
number of days (or proportion of days) the vehicle
is unavailable for use. The most you will have to
pay will be the full replacement value of the vehicle.
The following paragraphs explain the options,
which are available to you to reduce this liability.
The following optional waivers are available to you:
Damage Waiver ("DW"). DW relieves you of
liability, save for that incurred through your
negligence, (above the Current Excess Amount) for
the full replacement cost of the vehicle, its parts or
accessories, during your rental.
Theft Waiver ("TW"). TW relieves you of liability,
save for that incurred through your negligence,
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(above the Current Excess Amount) for the full
replacement cost of the vehicle, its parts or
accessories, arising from theft or attempted theft
during your rental.
The Start Rental Agreement shows which waiver
options you have chosen. You are advised that the
aforementioned waivers may be invalidated if you
fail to take reasonable measures for the safety or
security of the vehicle, its parts or accessories, or
fail to comply with all the restrictions on the use of
the vehicle or otherwise abuse or misuse it.
You hereby authorise us to automatically charge to
you or debit your credit or charge card with the
Current Excess Amount if there is any loss or theft
or damage (irrespective of fault or the extent of that
damage).
The Current Excess Amount in respect of DW or
TW may vary from time to time. Details of the
Current Excess Amount will be available from our
rental station when your rental commences.
No waiver chosen by you gives protection against
any damage caused to tyres or by reason of your
hitting a bridge, car park barrier or other overhead
object. You will have to pay for all loss, cost and
expense caused by such damage.
We shall be under no liability whatsoever whether
in contract or tort or otherwise for any consequential
or business loss arising out of or in connection with
this agreement or the use or control of any vehicle
and you hereby agree to indemnify us for any loss or
damage liability and expense incurred by us arising
from your breach of this agreement.
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5. Restrictions on Using the Vehicle
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You hereby warrant that you will not allow the following people to drive the vehicle:
- Anyone who is under the age of 23 years or over the age of 75 years;
- Certain vehicles/car groups may have age restrictions applying. Please see fleet guide.
- Anyone whom we have not first approved in writing as a driver of the vehicle;
- Anyone who has been convicted of any drink driving offence;
- Anyone whose driving ability is affected through drink or drugs or is a person who has been convicted of driving under the influence of drugs;
- Anyone who has been convicted of manslaughter (or in Scotland culpable homicide) or causing death by dangerous driving;
- Anyone whose driving ability is impaired by physical or mental disability;
- Anyone who has been convicted of any motoring offence (except parking offences) in the last three years unless full details have been given to us and we agree to them driving;
- Anyone who has been involved in any road traffic accident in the last three years unless you give us full details and we agree to them driving;
- Anyone who is not qualified to do so or does not have a valid, full driving licence.
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You hereby warrant that you will not allow the vehicle to be used:
- For carrying fare paying passengers, for hire or other reward, driving tuition, racing, pacemaking, speed trials or any other sporting competitions;
- For any illegal purpose;
- While in an unroadworthy condition or while failing to comply with any statutory provision;
- To tow or push any other vehicle or trailer (unless we agree to this in writing first);
- In any way which breaks the Highway Code, road traffic laws or any other laws;
- When it is overloaded with luggage, goods or passengers;
- For carrying corrosive, radioactive, inflammable, explosive or other harmful substances;
- For carrying anything which, because of its smell or condition, will harm the vehicle or mean we lose time or money before we can rent the vehicle again;
- Outside the United Kingdom unless we agree to this in writing first.
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If you do not follow these terms you will have to pay us for any charges, damages and expenses we have to pay and any loss you
cause. You may also lose the benefit of any liability waivers, which you have chosen.
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6. What to do if the vehicle is stolen or damaged or you have an accident
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If the vehicle or any of its parts or accessories are stolen or damaged, by a criminal act or if it is involved in an accident in which
someone is injured, you must immediately contact the local Police to report the incident. You must then telephone the rental station
from which the vehicle was rented and report the incident within twenty-four hours and give us the police details and any other
information we ask for. You must also telephone the rental station from which the vehicle was rented within 24 hours to report any
other incident in which the vehicle is damaged. If following any incident the vehicle is unroadworthy or dangerous it must not be
used.
You must always:
- Take the Police Crime Number and the reporting Officer's name when the police are involved;
- Take the names, addresses and telephone numbers of all witnesses when relevant;
- Avoid saying or doing anything which admits the accident was your fault;
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- Send to us at the rental station all papers and documents you receive about the accident or damage (including copies of any court papers and any legal documents);
- Fill in an Europcar Motor Accident Report Form, sign it and send it to us within 48 hours of the loss or damage otherwise the insurers may refuse to consider the claim;
- Co-operate fully with us, the insurers and anyone else we, or the insurers appoint. You must allow us or them to take legal action and or to enforce legal rights in your name.
You must do anything else which we, or the insurers think is reasonably necessary to help
us or them enforce our or their rights for loss or damage to the vehicle, its parts and accessories while you were renting it. If you
receive any money in respect of loss or damage to the vehicle and / or its parts and accessories you must pay this to us and until you
do, hold it in trust for us.
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7. Roadworthiness
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When the rental starts the vehicle will be roadworthy and fit for normal use. If it is not, or if it becomes unroadworthy or unfit for
normal use during the rental you must inform the rental station from which you rented the vehicle or telephone the emergency
number shown on the rental document wallet.
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You will be given this at the start of your rental. If you have followed these terms we
will try to replace or repair the vehicle but we will not be liable for your own loss or damage including loss of profit or earnings
unless the law says that we cannot exclude or restrict our liability to you for this.
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8. Responsibility for the vehicle and its return
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You and any driver we approve must always drive the vehicle carefully and considerately. You must not sell or lend it or allow
anyone else to have or obtain any possession or rights over it. Upon return the vehicle, together with all its accessories and parts must
be in good repair and condition (apart from reasonable wear and tear). All damage due to your negligence will be chargeable to you
upon us giving you a written estimate for the repair of such, notwithstanding any DW procured.
Where you ask us and we agree to deliver the vehicle or to collect the vehicle, you may have to pay additional charges and follow
additional instructions. A copy of our Delivery and Collection Terms and Conditions is available from any of our rental stations.
You will be responsible for the vehicle, its accessories and its parts and fully liable under these terms of rental from the moment we
give you the keys, or we leave them or the vehicle at the place and time which we have arranged with you in advance. You continue
to be responsible and fully liable under these terms of rental until the vehicle and keys are returned to us by handing them to our
authorised representative or any other method previously agreed in writing by us.
If you return the vehicle at any time outside our normal hours of business or at any other time when our representative is not
available to inspect it you will be responsible for it until we do inspect it.
When you return the vehicle to us or, when we have agreed you do so, you leave the vehicle for collection by us, you must complete
the details of the date and time of return, the mileage and fuel gauge reading and other information shown on the rental document
wallet. You must also do anything else that we request as a condition of our agreeing to collect the vehicle.
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You are responsible for ensuring that any damage to the vehicle found on delivery is noted on the rental agreement. All vehicles are
inspected before rental and again when they return from rental. You will be held responsible for any new additional damage found
on the vehicle following its return from rental.
If you do not return the vehicle to the agreed rental station within 59 minutes of the agreed time, or if it is not at the agreed collection
point at the agreed time, you will be charged an extra day's rental for each day or part of a day that the rental is overdue.
Our vehicles are supplied with a full tank of fuel either at the start of rental or if we have agreed to deliver the vehicle, when the
delivery commences. If a vehicle is returned with less than a full tank of fuel, we will refill it and charge you for the fuel and the
refuelling service. Where we have agreed to collect a vehicle, any fuel used between the collection address and our nearest rental
station is chargeable. Refuelling rates are subject to change without notice.
A Fuel Purchase Option may be available when you commence your rental at rates prevailing at the time. By purchasing a full tank of
fuel at the commencement of your rental you will be relieved from the aforementioned obligation to refill the vehicle the vehicle
upon its return.
You must return the vehicle immediately if we ask you to, although we hope this will not be necessary. In the event that the vehicle is
not delivered up to us upon request you hereby authorise us to enter onto your premises and to do any and all other things necessary
to repossess the vehicle. Any costs associated with such repossession shall be for your account. We may repossess any vehicle
without notice or liability where we deem that such repossession is necessary for our own protection.
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9. Our responsibility for your property
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We will not be responsible if your property (or anybody else's) is damaged, lost or stolen while it is in the vehicle. You are responsible
for our losses and expenses caused because you
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leave property in the vehicle at the end of the rental. We will not be responsible for
any property left in the vehicle following the vehicles return.
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10. Road Traffic Acts and other laws
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While you are renting the vehicle you will be liable, as if you were the owner, for any offence committed under the Road Traffic Acts
and any other relevant loss in respect of the Vehicle and its use during the rental period which results in the imposition of fixed
penalties or excess charges. You hereby authorise us to pass through to you any notice of proceedings received by us relating to a
period during which the vehicle was rented to you. You hereby agree to respond to and settle any notice or proceedings so received
and to indemnify us against any liabilities or expenses incurred hereunder.
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For example, you might have to pay a fixed penalty or pay an excess charge for:
- Driving or parking in the dark without the required lights;
- Parking or waiting where it is not allowed;
- For not paying the right amount for parking at a meter or in a car park, under sections 32, 35, 45 and 46 of the Road Traffic
Regulation Act 1984.
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11. Charge Cards, Credit Cards and Debit Cards
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When you sign the Start Rental Agreement, or when you do not sign a Start Rental Agreement, when rental commences you are
giving us and the card provider permission to charge your Card
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with money payable by you under these terms together with provision
for any deposit deemed necessary.
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12. Other Terms
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If you do not follow the terms of rental and the vehicle or any of its parts and accessories is lost or damaged, you will be responsible.
You will also be responsible for any financial loss we suffer as a result and for any relevant claims made by other people. You agree
to pay any amounts we spend enforcing these terms.
You (or any other authorised driver) shall not be acting as agent, servant or employee for us in any circumstances. We will be entitled
to treat anyone acting or claiming to act on your instructions as your agent. The rental is personal to you and you cannot transfer your
part of any agreement.
If two or more persons are named on the Start Rental Agreement each of them will be jointly and severally liable in full for all our
charges and for following these terms.
The entire terms between us for the rental of the vehicle are contained in the Start Rental Agreement and in these terms. All rentals
which include delivery or collection of the vehicle are also subject to additional terms and conditions applicable to deliveries and
collections.
If the vehicle is stolen, lost, destroyed or damaged during our rental, your responsibilities to us remain unchanged and continue to
apply.
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If you and we agree, or a court of law decides, that one of these terms is illegal, not valid, or cannot be enforced, the term in question
will be charged. In meantime the rest of these terms will still apply. If we cannot change the term in question to make it valid and
enforceable the rest of the terms will continue without it. In either case, the change will apply on the date we agree or the Court
decision is made.
These terms can only be changed in writing by or with the written consent of a Director of Europcar UK Limited.
These terms will be governed always by the laws of England and Wales. If there are any disputes these shall be resolved in the courts
of England and Wales.
The information that you provide in your Start Rental Agreement may be disclosed to a licensed credit reference agency, which will
retain a record of such. It may be used by other lenders in assessing other applications by you and for occasional debt tracing and
fraud prevention.
From time to time we include details of our customers on computer databases used by us and our business partners for direct
marketing purposes. If you do not wish your details to be used so write to us informing us of this request at our Head Office.
Europcar UK Limited is a company registered in England with limited liability under 875501. Registered Office: Europcar House,
Aldenham Road, Bushey, Watford, Herts, WD23 2QQ.
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