Where the renter deals as a consumer within the meaning of Section 3 of the Sale of Goods and Services Act 1980, nothing hereinafter provided is intended to prejudice or affect, nor will it prejudice or affect, the renter’s Statutory rights under Sections 27,28,29, 38 and 39 of Sale of Goods and Services Act 1980,
1. Rental Period
The conditions of this Agreement apply to any vehicles, including replacement vehicles, rented from Drive Van Rental. Renter will rent the vehicle for the rental period shown in this agreement. Drive Van Rental 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 he is in breach of contract, no insurance cover exists and the Renter is liable for any damage caused. In the event of such an unauthorised extension the Renter is also liable for damages for breach of contract and Drive Van Rental can charge Renter for every day or part-day Renter has the vehicle after he should have returned it to Drive Van Rental. Drive Van Rental will charge the Renter at the contracted rate until it gets the vehicle back.
2. Renter’s responsibilities
(a) The Renter warrants the truth and accuracy of the information given by him in this agreement and Drive Van Rental relies on such. Breach of such shall result in the Renter being an unauthorised user of the vehicle.
(b) Renter must always 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 shall be set from time to time) for lost keys. Renter must always use any security device fitted to or supplied with the vehicle. Renter must always make sure he uses the correct fuel.
(c) Renter is responsible for damage to the roof or upper part of the vehicle caused by hitting low objects, such as bridges or branches. This applies irrespective of whether or not Renter has opted for collision damage insurance in accordance with Clause 7.
(d) 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.
(e) Renter must not let anyone work on the vehicle without Drive Van Rental’s written permission.
(f) Renter must let Drive Van Rental know as soon as he becomes aware of a defect in thevehicle.
(g) Where Drive Van Rental has agreed to deliver the vehicle to Renter, Renter’s liability fordamage and theft shall begin on delivery of the vehicle to the renter or his agent. Renter must bring the vehicle back to the agreed return location, during the opening hours displayed at the Rental location. One of Drive Van Rental’s staff must see the vehicle to check that it is in good condition. Where Drive Van Rental has agreed that the Renter may return the vehicle outside business hours, or where the Renter has requested collection of the vehicle, Renters liability for damage, theft, parking violations and charges shall extend to the earlier of the midday of the first working day following the requested collection time (working day is defined as Monday to Friday 9am to 6pm), or the time of re-inspection of the vehicle by a member of staff.
(h) Renter will have to pay for repairs if the vehicle needs more than Drive Van Rental’s standard valeting (cleaning), or if the vehicle has been damaged either inside or outside (whether or not it is the renter’s fault).
(i) Renter must check before he brings back the vehicle that he has not left any belongings in the vehicle.
3. Drive Van Rental’s responsibilities
Drive Van Rental warrants that the vehicle is roadworthy and suitable for renting at the start of the rental period. Drive Van Rental will identify and agree any existing damage with Renter on the Rental Vehicle Condition Report.
Drive Van Rental is not responsible for loss or damage to property left in the vehicle.
5. Conditions for using the vehicle.
The vehicle must only be driven by the person(s) named in this Agreement and must hold a full current driving license and have held such for the last four years. Renter or 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, pace-making, testing the vehicles reliability andspeed 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 beoverloaded; 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 Republic of Ireland and Northern Ireland unless Drive Van Rental has given Renter written permission.
Give a fictitious or false name, age, address or driving license.
Have been convicted in the previous five years of any motoring offense or beeninvolved in any accident unless details have been disclosed to Drive Van Rental at timeRenter makes application for rental of a vehicle.
Suffer from any physical or mental infirmity or defect of vision which would impair his/herability to drive.
Renter will pay the following charges:-
(a) The rental charge, any applicable supplement, and any other optional charges at the ratesshown overleaf.
(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, more fuel than Drive VanRental supplied originally (unless at the time of signature of this Agreement a sum has been entered on the Agreement, in which event the Renter has opted to pay a sum for the full tank of fuel, it being understood that no credit will be granted for any unused fuel at the termination of the rental). The refuelling charge is at the rates published at the rental location.
(d) On demand, all fines and court costs for parking, speeding, traffic or other offences (including any costs that may 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 Van Rental’s reasonable administration charges, which arise when Drive Van Rental deals with these matters.
(e) On demand, the full cost of repairing or replacing the vehicle if it is damaged or stolen (even if it is not the Renters fault). Renter may not have to pay the whole of the cost of repairing or replacing the vehicle if Renter has accepted Drive Van Rental’s risk protection (subject to clause 7).
(f) On demand, a loss of income charge. Drive Van Rental 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 Van Rental is waiting to receive a full payment of the vehicles’ value. Drive Van Rental will do everything it can to make sure the vehicle is repaired or it gets payment as soon as possible. Drive Van Rental will never charge Renter for more than 30 days loss of income. Renter shall also be liable to a charge for 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 & Excise or any other authority as a result of a seizure made by them, together with a loss of income charges as provided under (f) above whilst the vehicle is unavailable for rental.
(h) Any published rates and delivery and collecting the vehicle.
(i) Interest which Drive Van Rental will add every day to any amount Renter does not pay DriveVan Rental on time, at the rate of 4% a year above the base lending rate of Allied Irish BankPLC from time to time.
(j) On demand, Drive Van Rental’s costs, including reasonable legal fees where permitted by law,incurred in collecting payments due from Renter hereunder.
(k) Value added tax and all other taxes and levies on any of the charges listed above, asappropriate.
(l) Where the renter does not accept Drive Van Rental insurance an administration Fee will apply.
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 shall constitute authority for Drive Van Rental 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 cases for parking, speeding and traffic offences as described in clause 6(d). If the renter has chosen to pay in a currency other than that used by Drive Van Rental when the quote was prepared, the exchange rate used on any conversation shall be conclusively, determined by Drive Van Rental.
7. Risk protection
The rental charges under this Agreement include motor third party insurance. This provides unlimited cover from claims received from a third party for personal injury or death caused directly and independently of any other cause, by the negligence of the Renter. Drive Van Rental will provide statutory cover for damage to property and collision damage insurance and theft protection if Renter has accepted same. If Renter accepts these he still has to pay the excesses as shown overleaf every time the vehicle is damaged or stolen (even if it is not the Renter’s fault). The benefit of collision damage insurance may not apply in circumstances where Renter has used the vehicle in an abusive manner.
Renter can get details of Drive Van Rental’s risk protection programme (including the main exclusions) from the office he rented the vehicle from. Should Renter purchase personal accident insurance (PAI) as indicated overleaf he shall obtain cover under the terms of the insurance policy supplied by Drive Van Rental’s insurers and arranged by Drive Van Rental. Renter is bound by and agrees to the terms and conditions of the insurance policy, which is available on request.
8. Renter’s own insurance
Renter may, with Drive Van Rental’s prior written agreement, arrange his own insurance for the full duration of the rental and is then liable for the full cost of repairing and replacing the vehicle if it is damaged or stolen (even if it is not the Renter’s fault). Drive Van Rental has to agree to the amount of cover Renter arranges, the type of policy and the insurer Renter has chosen. Renter warrants that such policy is and will remain valid and subsisting for the duration of the Agreement, Drive Van Rental may ask Renter’s insurers to record Drive Van Rental’s name as owners of the vehicle and loss payee. If the vehicle is damaged or stolen Renter will let Drive Van Rental negotiate with the insurers about whether the vehicle can be repaired or what compensation is due to Drive Van Rental. Renter is financially responsible to settle any costs if the policy, the Renter has arranged fails and the vehicle is damaged, lost or stolen or claims are made by any other party.
9. What to do in case of accident or theft
If Renter has an accident he must not admit responsibility or give or promise monies to any parties involved. He should report the accident to the Gardai and get the names and addresses of everyone involved, including witnesses. Renter should also: make the vehicle secure; tell the Gardai immediately if anyone is injured or there is a disagreement as to the facts; and call Drive Van Rental’s nearest office straightaway. Renter must then fill in an accident report form (which must also be filled in if the vehicle is stolen) and send it to the address overleaf within 24 hours. Renter shall remain liable irrespective of whether he has completed this form. Renter agrees that he/she will co-operate with the Drive Van Rental investigation and the defence or prosecution which arises as a result of an accident. In the event of the vehicle being involved in an accident Drive Van Rental may terminate the Agreement.
Drive Van Rental will maintain the personal information on the Rental Agreement as part of its records to assist it to maintain and improves its management of its van rental business. Renter is welcome to see the information held about him at any time and to make any necessary changes to keep the information up to date. Drive Van Rental may also add the Renter’s name and address to its parent company’s marketing database so that its parent company may from time to time notify Renter of new services and offers.
11. Ending the Agreement
(a) If Renter is a consumer Drive Van Rental will end this agreement without notice if it finds out that the Renter’s goods have been taken away from him to pay off his debts or if renter is adjudicated bankrupt or otherwise Drive Van Rental has reasonable grounds for believing that the Renter is insolvent. Drive Van Rental will also end this agreement if Renter does not meet any of the conditions of this agreement.
(b) If Drive Van Rental has reasonable grounds for believing that accruing charges will not be discharged by the Renter it will end the Agreement.
(c) If Renter is a company, Drive Van Rental will end this agreement without notice if: Renter goes into liquidation; Renter calls a meeting of creditors; Renter’s goods are taken possession of as part of a legal enforcement process; or Renter does not meet any of the terms and conditions of the agreement.
(d) If Drive Van Rental ends the agreement such will not affect its rights to be paid any money it is owed under the conditions of this agreement. Drive Van Rental can also claim extra costs from Renter if Renter does not meet any of the conditions of this agreement, Drive Van Rental can repossess the vehicle and for such purpose may enter any premises where the vehicle may be and remove same and charge Renter for all consequential actions, claims, costs and damages arising if Drive Van Rental does this.
12 Governing Law
This Agreement is governed by the laws of the Republic of Ireland. Any dispute will be submitted to the non-exclusive jurisdiction of the Irish Courts. If any provision of this Agreement is or becomes invalid or unenforceable the remaining provisions shall not be affected.
RENTAL AGREEMENT TERMS & CONDITIONS