Rental agreement terms and conditions

1. Your contract with us
a) When you sign this agreement, you accept the conditions set out within and accept that any
authorised driver is also bound by its terms. The conditions of this agreement apply to any
vehicle listed on it, including replacement vehicles and any agreements extending from it.
2. Rental period
a) You will have the vehicle for the rental period shown in the agreement. If you do not bring
the vehicle back on time you are breaking the conditions of this agreement and any insurance
cover paid for will expire at the end of the agreed period. We may agree to extend this rental
period but only if you contact us before the end of the original period and payment is paid in
full in and in advance. Failure to return the vehicle at the end of the agreement will result in
charges being levied. These charges will be based on the TSP Kar Hire Ltd rental tariff for the
group of vehicles to which the vehicle belongs. If you do not return the vehicle at the end of
the rental period or the agreed extension(s), and we fail to obtain payment for the
unauthorised period of use, we may report the vehicle as stolen to the police and or action
recovery of the vehicle.
3. Your responsibilities
You are authorised to use the vehicle in accordance with these terms and conditions, which includes
always using the vehicle in a responsible manner. If you do not comply with these conditions, you
will be liable to us for any damages or reasonable expenses we suffer or incur as a result of your
breach. We reserve the right to reclaim the vehicle at any time, and at your expense, if you are in
breach of this agreement.
a) You must look after the vehicle and the keys to the vehicle. You must always lock the vehicle
when you are not using it and use any security device fitted or supplied with the vehicle. If
the vehicle is left unlocked, or the keys are left in the vehicle and it is subsequently stolen, or
if you give the keys to another person who is not a named driver, you will be liable for any
damage sustained to the vehicle or the full cost of the vehicle (if not returned). This also
includes any costs incurred in recovering the vehicle.
b) You must take all reasonable precautions to protect the vehicle against adverse weather
which may cause damage.
c) You must make sure that you use the correct fuel. Failure to do so will result in you being
liable for the full cost of recovery and repair. Our vehicles are not suitable to be run on
d) You must check the bulbs and tyre pressures regularly.
e) You must check the oil and other fluid levels regularly and refill, as necessary.
f) You must not smoke in the vehicle.
g) You must not carry more passengers than the vehicle is designed to carry.
h) You must not sell, rent, or dispose of the vehicle or any of its parts. You must not give
anyone any legal rights over the vehicle.
i) You must not let anyone carry out maintenance or repair of the vehicle without our
permission. If we do give you permission, we will only give you a refund on the production of
a VAT receipt for the work, up to a value of £50.
j) You must notify us if the vehicle reaches the mileage at which a routine service is due and
make the vehicle available to us for such servicing to be carried out, or for the vehicle to be
replaced. If there is not a handbook available in the vehicle then contact the office for
k) You must make the vehicle available to us for any recalls. You are responsible for any
damage to the vehicle caused by hitting low-level objects such as bridges or low branches.
This responsibility is not excluded by the purchase of an excess waiver. You are also
responsible for any damage caused by failure to pay due care and attention to potential
l) You must not use or allow the vehicle to be used off-road or on roads unsuitable for the
m) You must cease to use the vehicle and contact us immediately if any accidental damage,
structural damage, mechanical failure, or malfunction may cause further damage if the
vehicle were continued to be used.
n) You must, if possible, obtain the names and addresses of third parties involved in any
accident, vandalism or damage to the vehicle and inform us, the police, and insurers if
o) You agree that we are entitled to charge you a reasonable additional cost should the vehicle
require more than our standard cleaning on its return to restore it to its pre-rental condition
(allowing for fair wear and tear) or if you have damaged the inside of the vehicle. These
charges will remain despite the purchase of an excess waiver.
p) You must bring the vehicle back to the agreed rental office during the opening hours
displayed at the office. One of our rental staff must see the vehicle to check that it is in good
condition. You will remain responsible for the vehicle and its condition until we do so. Out of
hours drop is accepted if agreed in advance.
q) You acknowledge that you will be held responsible for any loss or damage to the vehicle, its
documents, and its parts and accessories, arising during the rental or any extension until the
vehicle has been checked by a member of the rental staff.
r) You agree that this agreement and accompanying documents amount to the contract
between you and TSP Kar Hire Ltd. You agree that any alteration to the contract will be valid
only if it is in writing and signed by TSP Kar Hire Ltd.
s) You agree that TSP Kar Hire Ltd’s failure to enforce any term of this agreement does not
amount to a waiver of rights under this agreement.
t) You agree that you cannot assign this agreement.
4. Our responsibilities
We have maintained the vehicle to at least the manufacturer’s recommended standard. We assure
you that the vehicle is roadworthy and suitable for renting at the start of the rental period. Providing
you are not renting the vehicle for business purposes; we are responsible for loss caused where the
vehicle is not fit for purpose.
5. Property
a. We are not liable for loss or damage to any property or personal belongings left in or on the
vehicle, either during or after the period of the rental.
6. Conditions for using this vehicle
The vehicle must only be driven by you or any other person who has first been authorised by us and
added to the agreement. Anyone driving the vehicle must have a current, full driving licence valid in
the UK for the type of vehicle rented and held for a minimum of two years. Authorised drivers must
have a clean driving licence record, although certain endorsements may be accepted with prior
permission from our insurance company.
a) We are not liable for loss or damage to any property or personal belongings left in or on the
vehicle, either during or after the period of the rental.
You or any other authorised driver must not:
b) Use the vehicle for hire and reward.
c) Use the vehicle for any illegal purpose.
d) Use the vehicle for racing, pace making or testing the vehicle’s reliability and speed.
e) Use the vehicle while overtired, or under the influence of alcohol, drugs, medication or any
other legal or illegal substance which may impair consciousness or your ability to react.
f) Drive the vehicle outside UK mainland unless you have obtained our prior written consent,
including a Vehicle on Hire certificate (VE103), and arranged European breakdown cover
which would repatriate our vehicle to the UK. Additional charges will apply.
g) Use the vehicle when it is overloaded or when loads are not properly secured.
h) Use the vehicle for towing unless we have given prior written permission.
i) Attach or load any rack to the outside of the vehicle e.g. bike rack, roof rack or ladder rack
without prior written permission
j) Modify the vehicle in any way without prior written permission.
k) Use it for a purpose for which you need an operator’s licence if you do not have one (if the
vehicle is a commercial vehicle).
l) Use the vehicle to carry any object or any substance which, because of its condition or smell,
may harm the vehicle and/or delay our ability to rent the vehicle again, this includes
hazardous materials or dangerous goods.
m) Use the vehicle in contravention of any traffic laws or other regulations.
n) Use the vehicle on any airside area of an airport used for the take-off or landing of aircraft.
o) Use the vehicle for the movement, parking, refuelling or servicing of aircraft, including areas
used by ground equipment, without our express consent.
7. Charges
You will pay the following charges:
a) The rental and any other charges we work out according to this agreement including excess
b) Any charge for loss or damage from not keeping to conditions three or six.
c) Replacement costs for lost or damaged keys including vehicle recovery or recoding costs.
d) A refuelling charge if you have used, and not replaced, the quantity of fuel we supplied at the
start of the original hire, and that of any other vehicles driven during the duration of the hire
e) All fines and court costs for parking, speeding, road traffic or other offences (including any
costs which arise if the vehicle is clamped or towed away). You must pay the appropriate
authority any fines and costs if and when the authority demands this payment. If you do not,
you will be responsible to pay our reasonable administration charges which arise when we
deal with these matters.
f) The reasonable cost of repairing any extra damage which was not noted on our pre-rental
check form at the start of the hire, whether you were at fault or not (depending on condition
g) The reasonable cost of replacing the vehicle if it is stolen as a direct result of you not keeping
to condition three.
h) A loss of use charge, when we demand it, if we cannot rent out the vehicle because it needs
to be repaired, is a write-off (cannot be repaired) or it has been stolen and we are awaiting to
receive full payment of the vehicle’s value (this will not be more than 30 days). We will
always do everything we can to make sure the vehicle is repaired or we get payment as soon
as possible.
i) Any charges arising from HM Revenue & Customs (or any public body) seizing the vehicle,
together with a loss-of-income charge while we cannot rent out the vehicle, if and when we
demand this payment.
j) Any published rates for delivering and collecting the vehicle.
k) Interest which we will add every day to any amount you do not pay us on time at the rate of
3% per annum over the current Bank of England base rate.
l) Value added tax and all other taxes on any of the charges listed above, as appropriate. You
are responsible for all charges, even if you have asked someone else to be responsible for
them. You also acknowledge that we are entitled to charge any credit, charge or debit card
nominated at the time of the rental for any charges due to us pursuant to this agreement.
8. Our insurance
We have a legal responsibility to ensure our vehicles are covered by a minimum of third-party
insurance which provides cover for any third-party personal injury or property damage. This
insurance is provided by us and is included in the rental charge unless we agree your own insurance
will cover the rental.
a) We will provide cover for damage to the vehicle; however, you will still be required to pay the
agreed excess amount every time the vehicle is damaged.
b) An excess waiver does not cover lost or damaged keys, or damage to the interior, or tyres
and glass of the vehicle. Nor does it cover damage to the vehicle caused by hitting low– level
objects such as bridges, low branches or damage caused by failure to pay due care and
attention to potential hazards. It also does not cover costs following a road traffic accident
where our vehicle must be recovered from an off-road location and there is no third party
c) We will provide cover for theft of our rental vehicle; however, you will still have to pay the
agreed excess amount should the vehicle be stolen. This excess remains payable to us despite
the purchase of an excess waiver.
9. Your own insurance
a) If we agree, you may arrange your own insurance for the rental as long as you provide
evidence the insurance is valid for our vehicle and for the duration of the rental. You must
also sign this agreement in the appropriate section. We must agree the amount of cover you
arrange, the type of policy and the insurer you have chosen. The cover arranged must be fully
comprehensive and any excess on the policy is the responsibility of the policyholder and must
be paid to us where appropriate. We must be satisfied with the cover and policy conditions
and you must not change them. We may ask your insurers to record our name as owners of
the vehicle. If the vehicle is damaged or stolen, you will let us negotiate with the insurers
about whether the vehicle can be repaired or what compensation is due to us. You are
financially responsible for settling the full claim and paying all costs if the policy you have
arranged fails and the vehicle is damaged, lost or stolen, or a claim is made by any other third
10. Data protection
Disclosing your information TSP Kar Hire Limited (03568324) is notified as a Data Controller with the
Office of the Information Commissioner under registration number A8756269. We are the data
controller of any personal data you provide to us.
We may disclose your personal information to third parties under the following circumstances:
a) If we sell our business or assets, in which case we may disclose your personal data to the
prospective buyer of such business or assets.
b) If TSP Kar Hire Limited, or substantially all of its assets are acquired by a third party, the
personal data held about its customers will be one of the transferred assets.
c) If we need to comply with any legal obligation, or to enforce or apply our terms of use and
other agreements.
d) If we need to protect the rights, property, or safety of the TSP Kar Hire Limited, our
customers, or others. This includes exchanging information with other companies and
organisations, such as the police, HMRC or local councils for the purposes of fraud
protection and credit risk reduction.
e) We may contact a data cleansing organisation to ensure all data is accurate and up to date.
f) If we are required by the DVLA to provide evidence of drivers of our vehicle for audit or legal
g) If required, we may contact debt collectors to recover any funds outstanding on your
account. You will receive prior written notice before this process begins.
h) If required, your details may be provided to the ProHire Software limited to share with their
other operators for the prevention of fraud and crime.
i) TSP Kar Hire Limited will not otherwise share your personal information with the third
parties without your prior consent, unless it is necessary for the completion of our mutual
contract. For full details on how we use the information you have provided to us, and a list
of the third parties we are in contact with, please see our privacy policy at
j) It is your responsibility to ensure that any personal data is removed from the vehicle before
it is returned to us. This includes, but not limited to, any information you have entered into
a telephone, satellite navigation or other on-board systems. In the event that you fail to do
so, we shall not be held liable if your data is not removed from the vehicle before it is hired
or sold to another party.
Access to your information
You may request, at any time, a copy of the personal information the company holds about you, at
no cost. Should you wish to access or update the personal information we hold, please contact us by
sending a written request to our office TSP Kar Hire, Transfer bridge industrial estate, Swindon, SN1
2EL or If you wish to have the information the company holds
on your person removed, please request this in writing to our office TSP Kar Hire, Transfer bridge
industrial estate, Swindon, SN1 2EL or As long as your
information is not pertinent to the completion of a contract, or required for any legal reason, it will
be removed.
a) If you are concerned, we are not using your information in accordance with the law, or are
not satisfied with our response to a request made above, you can complain to the
Information Commissioners Office.
11. Ending the agreement
a) If you are a consumer, we will end this agreement straight away if we find out your
belongings have been taken away from you to pay off your debts, or a receiving order has
been made against you.
b) We may end this agreement at any time if we believe you are in breach of this agreement.
c) If you are a company, we will end this agreement straight away if you go into liquidation, call
a meeting with your creditors, have had goods taken away from you until you pay your debts,
or you do not meet any of the conditions of this agreement.
d) If we end this agreement, it will not affect our right to receive any money we are owed under
the conditions of this agreement. We can also claim reasonable costs from you if you do not
meet the main requirements of this agreement. We can repossess the vehicle (and charge
you a reasonable amount) without using unreasonable force or causing damage.
12. Consumer contracts (Information, cancellation and additional charges) Regulations (the
a) If the contract between you and us is an off-premises contract, for the purposes of the
Regulations, you are advised that Regulation 28 (1)(h) applies to the contract and the right to
cancel (contained in part three of the Regulations) does not apply to the contract.
13. Entire agreement
a) We consider that this agreement constitutes the whole agreement between you and us.
14. Invalidity
a) If any part of the terms and conditions are unenforceable, the enforceability of any other
part will not be affected, with all other clauses remaining in full force and effect. So far as
possible, where any clause or sub-clause can be severed to render the remaining part valid,
the clause shall be interpreted accordingly.
Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely
resembles the original meaning of the clause or sub-clause as is permitted below.
15. Liability
This agreement is between you and us. No other person shall have any rights to enforce any of its
terms. If more than one person entered into this agreement, you are jointly and severally liable for
the obligations under this agreement.
This means that each of you is separately responsible for performing all of the obligations, including
payment, under this agreement.
16. Governing law and jurisdiction
These terms and conditions are to be construed in accordance with English law.
17. Complaints handling procedure and ADR
a) In the event of a complaint or dispute of any kind, our complaints handling procedure is
available from us on request.
b) Where any dispute cannot be resolved through ADR, according to governing law and
jurisdiction, the contract shall be governed and construed in accordance with English law.
18. Statutory rights Your statutory rights are not affected.
19. Third party rights
a) This agreement does not create any rights in favour of third parties under the Contract
(Third Party Rights) (England) Act 1999 to enforce or otherwise invoke any provision of this