EnergyRV Hire Terms and Conditions. Last updated July 2019
Terms and Conditions of Hire
Based on the agreement between the Lessor and the Hirer as named in the Booking Form
and Hire Agreement made on the date of booking (if this Agreement is undated the delivery
date of the vehicle is deemed to be the date of commencement)
Whereby it is agreed:-
1. That the Lessor will let and the Hirer will take on hire the Vehicle specified in the
Booking Form and Hire Agreement (“the Vehicle”) which expression shall include all
its accessories, tools and parts as the owner may substitute under the terms of this
agreement for the term and the rental specified in the schedule.
2. The Lessor agrees at its expense subject to there being no breach of this agreement
by the Hirer.(a) to obtain and renew the appropriate Road Fund Licence for the
vehicle as required by Statute from time to time.
(b) to provide MOTOR CLUB membership as an additional optional service and if so
indicated in the schedule, to supply to the Hirer membership for the term of the
agreement of such Motor Club as is specified in the schedule.
(c) that it will not accept any responsibility or liability for any theft, loss or damage to
vehicles and their contents left in their possession. Owners of such vehicles are
reminded that their own policies of insurance must be used in order to make any
claim even if such loss or damage occurs while the vehicle is parked on the Lessor’s
3. The Hirer agrees during the term and until the vehicle is returned to the Lessor’s
(a) to pay the rental and the V.A.T. thereon.
(b) not to pass over the vehicle to the care and control of another without the
express permission of the Lessor.(c) to pay on demand all expenses incurred in
ascertaining the whereabouts of the Hirer or the vehicle or in recovering or
attempting to recover possession of it.
(d) to indemnify the Lessor on demand against all loss howsoever arising from
breach by the Hirer of any of the provisions of this agreement.
(e) to keep the vehicle in its safe custody.
(f) to take proper care of the vehicle including checking the oil and coolant levels,
tyre pressure and batteries and to replace any tools parts or accessories which may
be lost or damaged and promptly to repair all damage to and any malfunction of or
defect in the vehicle and to pay to the Lessor on demand any sum for which the
Hirer is responsible but which the Lessor may at its sole discretion pay on behalf of
(g) not without the prior written consent of the Lessor to alter or modify or fit any
accessories or extras to the vehicle. Any accessories fitted to the vehicle shall
become the property of the Lessor and the value of any cherished number plate
shall accrued to the Lessor.
(h) to notify the Lessor in writing immediately of any defect in the vehicle.
(i) not to overload nor use or permit the use of the vehicle on building or heavy
industrial sites, rough terrain, hostile environments or for towing, or for any purpose
for which it is not suitable or in breach of any statute, regulation, order or insurance
policy or for racing, rallying, pace making, seed testing, driving instruction or for
carrying passengers for hire or reward.
(j) not to permit the vehicle to be driven by any person other than a competent
driver who is properly authorised and insured to drive the vehicle.
(k) not without the prior written consent of the Lessor to allow the vehicle to be
taken outside the United Kingdom
(l) not to smoke in the vehicle and to pay any valeting charge as a result.
(m) to permit pets in the vehicle only with pre-authorised permission from the
Lessor in writing and to pay any valeting charge as a result.
(n) to permit the Lessor to enter any premises to inspect the vehicle.
(o) not to sell, offer for sale, charge, assign let or hire or allow any lien to be created
on the vehicle, if any lien be created the Lessor shall be entitled to recover from the
Hirer on demand any amount paid to discharge it.
(p) not to assign this agreement or any of the Hirer’s rights or obligations herein.
(q) on termination of this agreement, at its expense to deliver up the vehicle to the
Lessor’s premises or as otherwise reasonably directed in good repair and condition;
and to pay the Lessor on demand the cost of all such works as may be required to
restore the vehicle to a state of good repair and condition and to pay at a daily rate
pro-rata to the monthly rental for such period of time as may be required for such
work to be completed whether or not the Lessor at his sole discretion carries out
such work or uses or disposes of the vehicle in an unrectified condition and any
consequential losses arising from the Lessor being unable to fulfil its contractual
obligations to another Hirer as a result, including costs incurred by that next Hirer.
For the purposes of this clause good repair and condition include but is not limited
to being free from exterior or interior damage including dents, scratches, paintwork
damaged by an reason other than natural corrosion or chips caused by flying stones,
and being free from any defects arising from previous repair or rectification.
(r) to pay for all such repairs as are caused to and keep the vehicle in good repair and
condition at all times
(s) on demand to indemnify the Lessor against all fines and liabilities arising from the
use of the vehicle and the cost of complying with any legislation affecting the vehicle
or its use until such time as it is returned to the Lessor, such indemnity to include in
addition an augmentation of 25% by way of service charge
(t) to notify the Lessor within 24 hours of any change of address or telephone
number at which the Hirer may normally keep the vehicle; and to keep the Lessor
informed at all material times of the name and address and telephone number of
the driver of the vehicle and any change thereto. In the event of any permanent
change of address written proof thereof in a form acceptable to the Lessor must be
supplied to it.
(u) to use its best endeavours to minimise the Lessor’s cost in its carrying out its
obligations under this agreement; and for that purpose to make full use of motor
club services and/or any other service provided by the Lessor.
(v) to make punctual payment of all rentals and all other amounts due by the Hirer
to the Lessor whether under this agreement or any other shall be of the essence in
this agreement and the Hirer shall pay interest at the rate of 4% over HSBC Plc base
rate on any overdue payment. Such rental and such other sums due shall continue
to be payable whether or not the vehicle is unfit for use or a total loss.
(w) To pay the following charges in the event of cancellation:
(a) Cancellation more than 6 weeks prior to the hire period will result in loss of the
(b) Cancellation less than 6 weeks prior to the hire period will result in loss of the full
(x) to take out it’s own insurance to cover all personal belongings
4. No condition, warranty or representation whatsoever, is or has been given by the
Lessor as to fitness for purpose or quality or condition of the vehicle and any such
warranties and conditions are hereby expressly excluded insofar as permitted by
statue. The Lessor shall not be liable for any loss damage or injury whatsoever
sustained or incurred directly or indirectly to or by the Hirer or a third party arising
from the Hirer’s use of the vehicle or
(a) Any loss or damage caused by breakdown, mechanical defect, accident or the
Vehicle being unsuitable for the hirer’s purpose
(b) Any loss or damage to any property left in or on the Vehicle, in any service
vehicle or on the Lessor’s premises or recovered or handled by the Lessor
(c) The Lessor will make every effort to remedy any on board system fault whilst you
are away but in some circumstances this may not be possible and the Lessor is not
responsible and will not refund any monies should a loss of service be encountered
nor have any obligation to provide a replacement vehicle.
(d) In the case of winter hire, The Lessor will not be and cannot be held responsible
in the event of any damage or inconveniences caused by freezing conditions. This is
the responsibility of the Hirer.
5. Where the Hirer seeks to satisfy its obligations under this agreement by requiring
including inter alia an insurer to indemnify the Lessor on its behalf for any loss
sustained by the Lessor, the Lessor shall retain its rights under this agreement to
require satisfaction directly from the Hirer. Notwithstanding the foregoing the Hirer
shall indemnify the Lessor on demand against any loss which may fall upon the
Lessor by reason of the Hirer making a claim under its insurance policy: such loss
shall include that arising from any delay by the insurer in making inspection or in
negotiating with any party or in paying over indemnification to the Lessor; if such
indemnification by the insurer falls short in respect of a total or any other loss to the
Lessor the Hirer shall make good the deficit on the Lessor’s demand.
6. This agreement shall be automatically terminated
(i) if any meeting of the Hirer’s creditors is called or a proposal is made for a
Voluntary Arrangement or for an Administration or winding up proceedings are
commenced voluntarily or otherwise or
(ii) if any Petition is filed or any Order is made against it or any Liquidator, Manger,
Trustee or Receiver including an Administrative Receiver for all or part of its assets is
appointed, or if any distress or execution is levied or threatened to be levied on its
property or any Mortgagee or Debenture Holder seeks to enforce his security or
(iii) if the Hirer appears to be unable to pay or to have no reasonable prospect of
being able to pay any debt or it allows any judgement to remain unsatisfied or
(iv) if the Hirer is an individual and he dies or a Bankruptcy Petition is presented or
(v) if any assignment compromise, composition or arrangement is made with its
7. The Lessor may terminate this agreement or suspend its obligations under this
agreement forthwith by written notice to the Hirer:-
(a) if any sums due to the Lessor whether under this or any other agreement
between the Hirer and the Lessor or the Lessor’s associated, holding or subsidiary
Companies shall be unpaid for 7 days whether legally demanded or not or
(b) if the Hirer shall be in breach of any provisions of this or any other agreement
with the Lessor or
(c) if the Hirer has obtained the Vehicle through fraud or misrepresentation
(d) any statement, representation or warranty made by the Hirer in respect to
himself or additional drivers is incorrect; or
(e) the Vehicle appears to be abandoned; or
(f) the Vehicle is not returned on the agreed return date or the Lessor reasonably
believes that the Vehicle will not be returned on the agreed return date; or
(g) the Lessor considers on reasonable grounds that the safety of passengers or the
condition of the Vehicle is in danger. In the event of such termination or
repossession, there is no right to a refund of any part of the rental charges or the
8. On termination or expiry of this agreement howsoever determined notwithstanding
that some period in respect of which rental is due but unpaid may not yet have
expired the Lessor shall be entitled to:-
(a) retake possession of the vehicle and for that purpose enter upon any premises
where the vehicle may be,
using such force as may be reasonably required
(b) performance by the Hirer of its obligations under this agreement until the vehicle
is in the physical possession of the Lessor or it agent
(c) all arrears of rental (if any) including that for the whole of the rental period within
which the agreement is determined
(d) its cost in collecting the vehicle where the Hirer shall have requested the Lessor
so to collect the vehicle on the Hirer’s behalf in writing not less than 7 days before
termination or expiry of this agreement or any extension to it to which request the
Lessor shall have agreed in writing. The Lessor may at its discretion waive its rights
to be paid the cost where a further vehicle is supplied as a renewal and the point of
collection and delivery coincide
(e) inspect the vehicle at the time the Hirer shall have delivered up the vehicle to the
Lessor and prepare a mileage and condition report. The Lessor shall retain the right
to re-inspect the vehicle and without unreasonable delay advise the Hirer of any
variation to the initial report (such variations taking precedence) and shall hold the
vehicle for 48 hours available for the Hirer’s inspection at the Lessor’s premises.
9. The rights and remedies of the Lessor shall not be affected by the granting of any
time or other concession or indulgence to the Hirer.
10. Insurance Requirements and Obligations
(i) Fully comprehensive insurance is provided as part of the hire charge and for the
hire period only, subject to a £1000 excess, pre-authorisation for which will be taken
prior to the release of the vehicle. This is payable irrespective of fault. Driving
outside this period of cover would be deemed an offence under the road traffic act.
(ii) Collision Damage Waiver can be purchased separately by the Hirer to insure
against any excess payment and separate travel cover must be taken out to cover
your own profession or delay from loss from an accident to yourself, illness or
weather or any delays in the arrival of the vehicle for reasons outside the Lessors
(iii) The hirer will in addition be fully liable for all overhead damage, any damage
deemed as gross negligence and replacement or repair of windows and windscreens
or tyre damage and any claim for loss of profits.
(iv) Drivers under the age of 25 and over the age of 75 are not covered under the
(v) The vehicle shall not be let out on hire to or be driven by:
(1) 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 more than 6 penalty points imposed. “Spent” convictions, covered by
the Rehabilitation of Offenders Act 1974 may be disregarded.
(2) 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.
(3) Persons engaged wholly or partly in professional entertainment or professional
(4) Jockeys and persons connected with racing, gaming industry or press of any sort.
(5) Persons who, whilst driving, have been involved in more than one accident during
the past 3 years
(6) Foreign Service Personnel other than persons holding a full UK/EU licence for two
years or more,
In the event of any accident, loss or damage arising out of the use of the vehicle, the hirer
must notify the Lessor within 2hrs of the event and within 24 hours complete an accident
form with the names and addresses of third parties and any witnesses and report the event
to the nearest police station. Time is of the essence in this respect. The vehicle must be left
secure at all times.
We advise hirers not make to make any admissions of liability to other parties, settlement
offer or other like offer.
The hirers will assist the Lessor in handling any claim arising from any event, including
providing all relevant information and attending Court to give evidence.
The hirer will be responsible for any costs relating to the delivery of a change over vehicle as
a result of an accident regardless of which party is at fault.
No security deposit or insurance excess will be refunded until claim is settled in their favour.
11. Any notice required under this Agreement shall be in writing and shall be sent to the last
known address of the party in the United Kingdom. Any notice so given shall be deemed to
have been received in the ordinary course of post.
12. If the Hirer wishes to extend the period of hire beyond the date set out in the schedule
he must so inform the Lessor by means of a written request not less than one week prior to
the expiry of such period. The Lessor will then consider such request.
13. Title in and ownership of the vehicle will at all times remain with the Lessor.
14. The Lessor shall not be liable for any failure or delay caused by any circumstances
whatsoever beyond its reasonable control.
15. The Hire Agreement when signed by the Lessor and the Hirer shall constitute the
entire contract between them relating to the subject matter of said agreement.
16. If any provision of this agreement is found to be contrary to the Law or is legally
unenforceable, that provision shall be deemed to be deleted and the remainder of
this agreement shall remain in force provided that the substance of the agreement
shall not be affected thereby.
17. This agreement shall be governed by laws of England and all disputes arising out of
or in connection with it shall be decided by the English Courts.
18. Where two or more persons are designated as the Hirer in the Booking Form and/or
Hire Agreement, they shall be jointly and severally liable for the discharge of the
obligations under this agreement.
19. The Lessor will make every reasonable effort to deliver the vehicle on the date
specified but will not be liable for delay in delivery and any loss occasioned thereby.
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21. Image Use and Representation
All images contained within the website and supporting marketing material are
intended as a guide and for information purposes only. The Lessor reserves the right
to alter the layout of the interior of the vehicle as it so desires.
22. Copyright Notice
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Thank you for reading through EnergyRV terms and conditions and by signing your hire
agreement or confirming payment of your hire you are confirming that you fully understand
all the terms within this agreement. Last updated by EnergyRV, July 2019.
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Chapel, Union Way, Witney, England, OX28 6HD.