Terms and Conditions
Terms & Conditions
We agreed to hire to you and you agreed to hire from us the vehicle described on page one of this agreement for the duration of the hiring period shown on page 1 (the hiring period) on the following terms. References to the vehicle include all accessories and any new replacement parts and or additions in or on the vehicle.
1 - Making this agreement
Making this agreement is made and you will start hiring the vehicle on the date of your signature on page one of the agreement.
2 - Payment
2.1 - by the time this agreement is made you must pay us an advance rental including the acceptance fee and any initial optional maintainer's charges if any are shown. You must pay the rentals and optional maintenance charges shown on page one including VAT as provided by term 2.6 below at the times stated. If you do not pay any rental or other payment by the time it is due we can terminate this agreement as stated in terms 7. In any month in which there is a payment holiday no rental or maintenance is payable by you other than any amounts which are overdue and any maintenance charges, fees, costs or expenses or default interest that may be due.
2.3 if you do not part pay any rental by the time it is due we will charge interest on the unpaid amount from the date it is due until the day is paid. The rate of interest will be 5% per annum above Santander Bank PLC base rate
2.4 - we will charge you an administration fee up to 25 pounds including VAT for each unpaid or cancelled cheque, standing order or direct debit and for each reminder letter notice or demand we make on you.
2.5 - if you change the registration number of the vehicle you must tell us at once as we may charge you an administration fee up to 50 pounds including the 80 which you must pay immediately. The new registration number will belong to the vehicle.
2.6 - if the VAT changes the rentals and any other payments which are subject to VAT will change accordingly
2.7 – Inception fees are non-refundable after delivery of the vehicle
3. At anytime during the hiring period we may substitute your vehicle for another vehicle of a similar model. The terms of this agreement shall then apply to the substitute vehicle. Any substitution of a vehicle will not affect your or our existing rights.
4. - Restrictions relating to the vehicle.
4.1If not adhered to we have the right to terminate the agreement with no notice.
4.2 - you must keep the vehicle in your possession and control throughout the period of the agreement.
a). You must obtain written consent for anyone other than that stated on the agreement to use the vehicle this must be done prior to use. This must be supported with Insurance documentation covering all agreed parties.
b.) If the vehicle is stopped or impounded you must notify us immediately. We then have the right to terminate the agreement and all costs relating to recovering the vehicle will be covered by you the hirer.
c). You must not sell or otherwise dispose of the vehicle or attempt to do so. You must not use the vehicle as security for a loan or any other obligation.
4.2 - you must not allow the vehicle to be taken outside the United Kingdom without permission.
4.3 - you must not use the vehicle or allow it to be used for racing trials or rallying or carrying of goods or passengers or hire or reward.
4.4 - you must pay all fees, taxes, insurance premiums and other payments associated with the vehicle or arising out of a result of the seizure of the vehicle, by any statutory authorities as they fall due.
4.5 - you must keep the vehicle in good repair and condition you will be responsible for the damage or deterioration of the vehicle including repairs except through fair wear and tear. Replacement tyres, parts and windscreens must be replaced on a like for like basis.
4.6 - you must allow us to inspect the vehicle at all reasonable times. You must notify of any incident relating to the vehicle.
4.7 - you must tell us at once if you change address if you do not you must pay us any expense we incur in tracking you.
4.8 - you must not make any addition or alteration to the vehicle. Including removing or modifying any tracking related equipment. If adding any additional security measures, tracking devices, dashcams etc you must obtain written consent from Gap Leasing Limited.
5 - Insuring the vehicle
5.1 a) you must notify the Insurer that the vehicle in on hire from Gap Leasing Limited, and you give consent for Gap Leasing Limited to be included in any claims relating to the vehicle.
5.2 - You agree that we may not act as your agent to negotiate in force and agree to any insurance claim for loss or damage to the vehicle. All money payable under the insurance policy is assigned by this agreement by you to us. The benefit of any money paid out under the insurance which is not attributed to the loss or damage to the vehicle or any monies due under this agreement shall be notified and made available to you. We are authorised to give the insurer a receipt for the insurance money poster.
5.3 - If the vehicle is lost, damaged or destroyed so as to become a total loss you must pay us when we ask the sum to cover the cost of the vehicle an any associated costs – third party and personal injury.
5.4 - if we do not receive the money payable under your insurance policy on a total loss claim you must pay us when we ask an amount equal to the value of the vehicle immediately before its total loss damage or destruction. Any excess agreed on the policy will be covered by you the hirer.
5.5 - If the hiring of the vehicle is terminated your interest in the insurance relating to the vehicle will pass to us and we will be entitled to the benefit of such insurance and claims made in respect of the vehicle.
6 - Exclusions
6.1 - the following exclusions do not apply if you are dealing as a consumer or if this is a consumer contract under the unfair contract terms act 1977 nor do we exclude your statutory rights. As you have selected the vehicle we exclude any express or implied term or condition that the vehicle complies with any description given of it or is of satisfactory quality.
6.2 - Any dealer or manufacturer who is involved with this agreement before or after it starts is not our agent. We're not responsible for anything they say do or fail to do unless we have given them written authority to act as our agent or are made responsible by law.
6.3 - We the hirer shall not be libel for any loss, costs or damage relating to your hire or limitation of use of the vehicle nor for any loss of profit or any prosecution arising from :-
- the condition or any mechanical or failure of the vehicle : or
- the supply of or feature to supply the products and services described in terms 9 unless we have caused such failure directly by breaching a term of this agreement provided that we do not exclude any liability for death or personal injury caused by our own negligence
7 - Our right to terminate the agreement
7.1 - we may terminate the hire by providing you with written notice if any of the following happens
7.1.1 - you fail to pay any rental, maintenance charge or any other payment under this agreement by the time it is due. After three days of non payment we have the right to terminate the agreement ant collect the vehicle. Any collection costs will be covered by you the hirer.
7.1.2 - you have given us any untrue statement or false information which we have relied on
7.1.3 - you take any steps to sell the vehicle
7.1.4 - the vehicle is seized or detained and or made subject to any court order
7.1.5 - you present or have presented against you a petition for bankruptcy or for an administration order or your partnership dissolves or
7.1.6 - You are a company and a petition to wind up the company is presented or you pass a resolution for voluntary winding up or a receiver is appointed over your assets or
7.1.7 - you call an order in to an arrangement with your creditors to repay your debts or
7.1.8 - In Scotland your estate is sequestrated all your apparent insolvency occurs and you grant a trust deed for your creditors
7.1.9 - you failed to comprehensively insure the vehicle or keep the vehicle comprehensively insured or to disclose any endorsements to your insurers
7.2 - If we are entitled to or have terminated the hire then we may at anytime by notice in writing terminate this agreement
7.3 - if you do not pay any rental or maintenance charge by the time it is due this will amount to your repudiation of agreement meaning that you no longer intend to be bound by it.
8 - Your liability
8.1 - when the hire period ends or we terminate the hire or accept your repudiation of disagreement you must return the vehicle to us immediately at such an address as we may responsibly request at your own expense together with all items supplied with the vehicle. If you do not return the vehicle we may repossess it and recover from you any expenses we incur.
8.2 - If we terminate the hire or accept your repudiation of disagreement you must pay us:
All unpaid rentals and any unpaid maintenance charges and any other payments that are due which shall include interest where applicable plus compensation or agreed damages on our acceptance of your repudiation or as a debt on our termination the total amount of rentals payable during the hire Period excluding VAT less the amount of rentals paid or which have become due excluding VAT also an amount if any equal to a rebate of rentals calculated at the time of 4% per annum of the rentals excluding VAT which have not become due plus :
all our expenses of recovering or trying to recover the vehicle ,repairing or storing and tracing you plus VAT and :
any administration charge of up to 100 pounds including VAT where this is reasonably required to meet our processing costs
8.3 - if we terminate the hire or accept your reputation of this agreement we will deduct from any some an amount calculated buyers to give credit for any difference in value of this vehicle resulting from it's returned to us earlier than anticipated at the outset of this agreement
Whilst we operate a fair wear and tear policy. If the vehicle is returned with a change of condition we will charge for any changes outside of our fair wear and tear policy. As defined in our de-fleet documentation.