DAILY VEHICLE RENTAL LTD’S
Terms and conditions for renting vehicles
1. Interpretation
The following definitions and rules of interpretation apply in these Conditions.
1.1 Definitions:
Applicable Law which all applicable laws, statutes, regulations from time to time in force.
Applicable Data Protection Laws means:
a) To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data.
b) To the extent the EU GDPR applies, the law of the law of the European Union or any member state of the European Union to which the Owner is subject, which relates to the protection of personal data. Authorised Drivers those employees, agents and independent contractors of the Renter, who are authorised by the Renter to use the Vehicle.
Booking Form refers to the booking form as incorporated in to the Contract.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Business Hours: the period from 9.00 am to 5.00 pm on any Business Day.
Charges: the charges payable by the Renter for the supply of the Services in accordance with clause 7.
Commencement Date: has the meaning given in Clause 2.2.
Conditions: these terms and conditions as amended from time to time in accordance with clause 12.4.
Contract: the contract entered into between the Owner and Renter for the rental of the Vehicle(s) for the Rental Period that incorporates the Booking Form and these Conditions.
Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.
Deposit: the deposit amount to be paid by the Renter as set out in the Booking Form.
Direct Debit Instructions: the mandate provided by the Renter to the Owner pursuant to Clause 7.3.
EU GDPR: means the General Data Protection Regulation ((EU) 2016/679), as it has effect in EU law.
- Excess Fee: the relevant excess fee payable by the Renter as per the below: £2,500.00 if the accident is reported to the Owner within 48 hours of its occurrence; or £5,000.00 if the accident is reported to the Owner more than 48 hours after its occurrence.
- Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- Order: the Renter’s order for Services as set out in the Contract and the Booking Form.
- Rental Costs: the weekly rental rates as well as any other charges applicable to the rental of a Vehicle as stated in the Booking Form.
- Rental Period: the period of hire as set out in the Booking Form.
- Renter: the person or firm who purchases Services from the Owner.
- Renter Default: has the meaning set out in 6.4.
- Renter Personal Data: any personal data which the Owner processes in connection with the Contract, in the capacity of a processor on behalf of the Renter.
- Services: the services supplied by the Owner to the Renter as set out in the Order.
- Owner: DAILY VEHICLE RENTAL LTD registered in England and Wales with company number 11365160.
- Owner Materials: has the meaning set out in clause 6.1(e).
Telematics Charges: the charges for providing the Telematics Services to the Renter as stated in the Booking Form.
Telematics Devices: the devices installed in the Vehicle which allow the Owner to provide the Telematics Services.
Telematics Services: refers to the provision of a telematics service to the Renter on a remote basis via an online software as more fully described in Clause 3.
UK GDPR: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
Vehicle: refers to the vehicle(s) listed in the Booking Form.
Vehicle Condition Report: refers to the report provided to the Renter at the start of the Rental Period which provides details regarding the condition of the Vehicle.
1.2 Interpretation:
(a) Unless expressly provided otherwise in the Contract, a reference to legislation or a legislative provision:
(i) is a reference to it as amended, extended or re-enacted from time to time; and
(ii) shall include all subordinate legislation made from time to time under that legislation or legislative provision.
(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written includes email but not fax.
2. Basis of contract
2.1 The Order constitutes an offer by the Renter to purchase Services in accordance with these Conditions.
2.2 The Order shall only be deemed to be accepted when the Owner issues written acceptance of the Order by countersigning the Contract at which point and on which date the Contract shall come into existence (Commencement Date).
2.3 Any drawings, descriptive matter or advertising issued by the Owner, and any descriptions or illustrations contained in the Owner’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force. 4
2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Renter seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.5 The Owner shall hire the Vehicle to the Renter subject to these Conditions.
2.6 The Owner shall not, other than in the exercise of its rights under these Conditions or applicable law, interfere with the Renter’s quiet possession of the Vehicle.
2.7 The Renter’s right to take possession of the Vehicle is subject to the fulfilment of the following conditions precedent by the Renter:
(a) the Renter shall provide the Owner with valid evidence of a driver’s licence that is recognized and valid in the United Kingdom for all Authorised Drivers;
(b) the Renter must furnish evidence of obtaining insurance coverage in accordance with the terms outlined in Clause 4.2 and 4.4, unless it has been agreed between the parties that pursuant to Clause 4.8, that the Owner shall extend coverage of its insurance to the Renter;
(c) the Renter shall undergo credit checks performed by the Owner. The Renter agrees to provide any necessary information and authorization to facilitate these credit checks; and
(d) all Authorised Drivers must be at least 25 years of age at the start of the Rental Period.
2.8 In the event that any of the conditions precedent outlined above are not fulfilled to the satisfaction of the Owner, the Owner may, at its sole discretion:
(a) refuse to commence or continue with the rental or the Vehicle;
(b) suspend the Contract until the Renter takes the necessary steps to fulfil the conditions precedent, during which time the Renter shall remain obligated to fulfil all payment obligations under the Contract and these Conditions; or
(c) terminate the Contract,
without incurring any liability to the Renter.
2.9 The Renter has the right to use the Vehicle during the Rental Period, unless and until the Contract is either terminated earlier in accordance with its terms, or extended by mutual agreement between the parties. 5
3. Supply of Telematic Services
3.1 Subject to payment of the Telematics Charges, the Owner shall provide the Telematics Services to the Renter during the Rental Period. Whilst the Owner shall deliver the Telematics Services using reasonable care and skill, the Owner does not give any guarantee or warranty on the availability of the Telematics Services.
3.2 During the Rental Period, the Renter shall be provided with five log in accounts to access the Telematics Services. The Owner reserves the right to charge fees for providing additional log in accounts to the Renter.
3.3 The Renter shall not:
(a) access all or any part of the Telematics Services in order to build a product or service which competes with the Telematics Services;
(b) attempt to obtain or assist third parties in obtaining, access to the Telematics Services;
(c) introduce any virus, code or software into the Telematics Service or Telematics Devices;
(d) use the Telematics Services or Telematics Devices otherwise than in accordance with the Contract;
(e) allow any unauthorised access to, or use of, the Telematics Services and provide immediate written notice to the Owner promptly of any such unauthorised access or use.
3.4 In the event of any delay, fault or failure in using the Telematics Services, the Renter’s sole remedy in respect of such shall be the Owner’s commitment to promptly address and rectify such issues with reasonable efforts and without undue delay.
3.5 The Owner reserves the right to terminate the provision of the Telematics Services upon one month’s written notice to the Renter or to effect immediate termination of the Telematics Services should the Renter be in breach of the Contract or, if the Telematics Devices are damaged or otherwise malfunctioning. The Owner reserves the right to suspend Telematics Services by providing reasonable notice in order to undertake maintenance work.
4. Title, risk and insurance
4.1 The Vehicle shall at all times remain the property of the Owner, and the Renter shall have no right, title or interest in or to the Vehicle (save the right to possession and use of the Vehicle subject to the Contract). 6
4.2 The risk of loss, theft, damage or destruction of the Vehicle shall pass to the Renter on the start of the Rental Period. The Vehicle shall remain at the sole risk of the Renter during the Rental Period and any further term during which the Vehicle is in the possession, custody or control of the Renter until such time as the Vehicle is redelivered to the Owner.
4.3 Unless the parties agree otherwise pursuant to Clause 4.8, during the Rental Period, the Renter shall, at its own expense, obtain and maintain the following insurances:
(a) insurance of the Vehicle to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as the Owner may from time to time nominate in writing;
(b) insurance for such amounts as a prudent Owner of the Vehicle would insure for, or such amount as the Owner may from time to time reasonably require, to cover any third party or public liability risks of whatever nature and however arising in connection with the Vehicle; and
(c) insurance against such other or further risks relating to the Vehicle as may be required by law, together with such other insurance as the Owner may from time to time consider reasonably necessary and advise to the Renter in writing.
4.4 All insurance policies procured by the Renter shall be endorsed to provide the Owner with at least 30 Business Days’ prior written notice of cancellation or material change (including any reduction in coverage or policy amount) and shall name the Owner on the policies as an additional insured as well as a loss payee in relation to any claim relating to the Vehicle. the Renter shall be responsible for paying any deductibles due on any claims under such insurance policies.
4.5 The Owner, as an additional insured, shall have the right to make claims directly with the Renter’s insurance company under the policy procured by the Renter. The Renter hereby authorizes its insurance company to provide information and cooperate fully with the Owner in the event of a claim.
4.6 If the Renter fails to effect or maintain any of the insurances required under these Conditions, apart from its right to terminate the Contract under 11.2(a), the Owner shall be entitled to effect and maintain the same, pay such premiums as may be necessary for that purpose and recover the same as a debt due from the Renter.
4.7 The Renter shall, on demand, supply copies of the relevant insurance policies or other insurance confirmation acceptable to the Owner and proof of premium payment to the Owner to confirm the insurance arrangements. 7
4.8 The Owner at its sole discretion, may agree to extend coverage to the Renter under the Owner’s insurance provided that none of the Authorised Drivers:
(a) have more than 9 penalty points on their driving licence;
(b) are returning from a licence suspension; or
(c) have a conviction with any of the following codes: AC, BA, CD, DD, DG, DR, IN, TT, UT.
4.9 Where the Owner extends coverage to the Renter under the Owner’s insurance in accordance with clause 4.8, the Renter will be subject to the Excess Fee where the Renter is involved in an accident and subsequently relies on the Owner’s insurance.
5. Use of the Vehicle
5.1 Eligibility: The Renter must ensure that all Authorised Drivers have a driver’s licence valid in the United Kingdom.
5.2 Prohibited Use of the Vehicle: The Vehicle must not be used:
(a) by anyone other than the Renter or an Authorised Driver;
(b) to smoke in. The use of e-cigarettes in Vehicle is also prohibited;
(c) in a way to affect the good condition of the Vehicle, including by smoking;
(d) in a way that may negatively affect the reputation of the Owner;
(e) for any unlawful purpose;
(f) for carriage of passengers for hire or reward;
(g) for deliberately causing personal injury or property damage or for any illegal purpose;
(h) while the driver is under the influence of alcohol, narcotics or drugs;
(i) to go to countries outside the United Kingdom without the Owner’s prior written consent;
(j) to propel or tow any other vehicle or wheeled Vehicle;
(k) in a careless or reckless manner;
(l) to drive through or over water or over any objects that the Renter knew or ought to have known rise above the ground clearance of the Vehicle; (m) to drive under a barrier lower than the overhead clearance of the Vehicle; (n) in contravention of the Contract, or the applicable laws, safety rules and requirements of the countries where the Vehicle is used.
5.3 Hand over of Vehicle: The Owner shall hand over the Vehicle to the Renter in an acceptable roadworthy condition along with the Vehicle Condition Report. The Renter is required to check the Vehicle’s condition immediately after handover. The Renter acknowledges and agrees that any of its employees are authorised to sign a Vehicle Condition Report on its behalf. If the Renter notices any damage to the Vehicle or other discrepancies with the Vehicle Condition Report, the Renter shall immediately inform the Owner before the Vehicle is used. If the Owner does not receive any objections to the Vehicle Condition Report prior to the Vehicle’s use, the Vehicle Condition Report is deemed to have been accepted as accurate by the Renter.
6. Renter’s obligations
6.1 The Renter shall:
(a) ensure that the terms of the Order complete and accurate;
(b) co-operate with the Owner in all matters relating to the Services;
(c) provide the Owner with such information as the Owner may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(d) obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
(e) keep all materials, equipment, documents and other property of the Owner (Owner Materials) at the Renter’s premises in safe custody at its own risk, maintain the Owner Materials in good condition until returned to the Owner, and not dispose of or use the Owner Materials other than in accordance with the Owner’s written instructions or authorisation;
6.2 The Renter and its Authorised Drivers are required to:
(a) always lock the Vehicle and secure all of its parts when it is left unattended;
(b) park the Vehicle in a properly designated parking space;
(c) not let anyone work on the Vehicle without the Owner’s express written permission;
(d) check oil, AdBlue, water levels, tyre conditions and pressure at regular intervals during the Rental Period;
(e) stop using the Vehicle as soon as possible and contact the Owner as soon as the Renter becomes aware of any fault with or malfunction of the Vehicle. In particular, the Renter must take into account any service/warning lights that may appear on the dashboard of the Vehicle;
(f) return the Vehicle (and any spare parts, tools or accessories that are provided (e.g., spare tyre, car jack)) back to the Owner at the end of the Rental Period in the same condition as it was when it was handed over by the Owner according to the Vehicle Condition Report except for any usual wear and tear;
(g) return the vehicle with the same quantity of fuel in the tank or electric charge as existed in the vehicle at the commencement of the Rental Period;
(h) check that the Renter or Authorised Drivers have not left any personal belongings in the Vehicle before the Renter returns the Vehicle;
(i) pay any administrative fines, fees, charges, costs, penalties, or other fines that are imposed, issued or incurred in connection with the Renter’s usage of the Vehicle during the Rental Period, such as fines or fees for illegal parking or speeding, non-compliance with bus lane, congestion charges, tolls or violations of the rules of the highway or traffic offence or contravention in any country, in all cases, to the extent permitted by law and not caused by the Owner;
(j) where the vehicle requires fuel, to use nothing other than the appropriate fuel as indicated in the Vehicle; and (k) not to unseal or tamper with the kilometre or mileage indicator.
6.3 In case of an accident or if the Vehicle is lost or stolen, the Renter is required to do the following:
(a) the Renter shall accurately report the accident, theft or loss to the Owner as soon as possible by any means and confirm this promptly in writing to the Owner no later than 1 Business Day in case of a theft and in all other cases 2 Business Days, from the moment the Renter becomes aware of the event;
(b) the Renter shall report any theft or loss (or where appropriate, any accident) to the police as soon as reasonably possible and confirm this promptly in writing to the Owner;
(c) the Renter shall avoid admitting responsibility to anyone in relation to the accident unless required to do so by legal process;
(d) the Renter shall request the names and addresses of everyone involved, including witnesses, and provide them to the Owner;
(e) the Renter shall promptly forward to the Owner any notices or other documents relating to any legal proceedings arising out of the accident, theft or loss;
(f) the Renter shall fully cooperate with the Owner including responding to requests for information and provide assistance in any matters or legal proceedings including allowing the Owner to make a claim on the Renter’s insurance of the Vehicle; and
(g) the Renter shall return the original keys or any other device which unlocks the Vehicle and/or enables the Vehicle to be started to the Owner either directly to the Owner’s staff.
6.4 If the Owner’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Renter or failure by the Renter to perform any relevant obligation (Renter Default):
(a) without limiting or affecting any other right or remedy available to it, the Owner shall have the right to suspend performance of the Services until the Renter remedies the Renter Default, and to rely on the Renter Default to relieve it from the performance of any of its obligations in each case to the extent the Renter Default prevents or delays the Owner’s performance of any of its obligations;
(b) the Owner shall not be liable for any costs or losses sustained or incurred by the Renter arising directly or indirectly from the Owner’s failure or delay to perform any of its obligations as set out in this clause 6.4; and
(c) the Renter shall reimburse the Owner on written demand for any costs or losses sustained or incurred by the Owner arising directly or indirectly from the Renter Default.
7. Charges and payment
7.1 The Renter shall pay invoices within 7 days of receipt in accordance with the Owner’s instructions (which the Owner may amend from time to time by providing the Renter with written notice). The Owner at its sole discretion, reserves the right to require the Renter to pay the Deposit and Rental Costs to the Owner:
(a) by way of authorising the Owner to debit the Deposit and/or Rental Costs directly from the bank account specified in by the Renter in the Direct Debit Instructions; or
(b) to pay the Deposit and/or any Rental Costs in advance of the Rental Period in cleared funds to the bank account nominated in writing by the Owner.
7.2 The Renter shall pay to the Owner on demand:
(a) any additional charges as notified to the Renter including but not limited to losing, tampering or damaging the following items:
(i) Vehicle key chain: £50
(ii) Camera: £250
(iii) Vehicle key: charges as specified by a repair shop for fixing or replacing the Vehicle key.
(b) any amounts not paid by the Renter in accordance with Clause 6.2(i);
(c) a fee for providing the Renter with a spare key to the Vehicle;
(d) an excess mileage fee of £0.25 per mile for each mile exceeding the annual mileage allowance of 20,000 miles for the Vehicle;
(e) an administration fee for processing any fines or offences against the Vehicle, the Owner, or the Renter, during the Rental Period, unless caused through the Owner’s own fault;
(f) if the Vehicle is not returned to the Owner at the end of the Rental Period, the Owner’s resulting loss of revenue at the weekly rental rate indicated on the Booking Form and the actual costs of recovery incurred by the Owner which shall not be less than £180 + £3/per mile (which includes the distance travelled by the Owner (or its representative) to collect and return the Vehicle to the Owner);
(g) a cleaning fee if the Renter fails to return the Vehicle in good condition due to unusual wear and tear, including but not limited to smoking in the Vehicle or coarse soiling, to compensate the Owner for their actual costs of cleaning;
(h) where the vehicle requires fuel, a re-fuelling service fee if the Renter returned the Vehicle to the Owner with less fuel than was provided at the start of the Rental Period (such level as indicated on the Vehicle Condition Report) calculated as the difference between the fuel level recorded on the Vehicle Condition Report and that recorded upon the return of the Vehicle multiplied by the fuel price at the time of re-fuelling the Vehicle plus an administration fee for re-fuelling the Vehicle. No unused or excess fuel will be refunded; and
(i) where the vehicle is an electric vehicle and is returned with less charge than was provided at the start of the Rental Period (such level as indicated on the Vehicle Condition Report), a re-charging fee calculated as the kWhs needed to charge the vehicle to make up the difference between the charge level recorded on the Vehicle Condition Report and that recorded upon the return of the Vehicle multiplied by the kWh price at the time of re-charging the Vehicle plus an administration fee for re-charging the Vehicle.. No unused or excess charge will be refunded.
7.3 The Renter shall complete the Direct Debit Instructions to authorise the Owner, to compute and debit any amounts owed to the Owner under the Contract which include:
(a) the Rental Costs;
(b) the Deposit;
(c) any interest accruing pursuant to the Contract; and
(d) any costs, charges or other damages listed in Clauses 3.2 and 7.2, directly from the Renter’s bank account details, as provided on the Direct Debit Instructions.
7.4 If the Renter fails to make a payment due to the Owner under the Contract and these Conditions by the due date, then, without limiting the Lessor’s remedies under the Privacy Policy, the Renter shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
7.5 All sums payable to the Owner under the Contract:
(a) are exclusive of VAT, and the Renter shall in addition pay an amount equal to any VAT chargeable on those sums on delivery of a VAT invoice; and
(b) shall be paid in full without any set-off, counterclaim, deduction or withholding.
8. DEPOSIT
8.1 If the Renter fails to make any payment of any amounts which it is liable to pay to the Owner under the Contract, or causes any loss or damage to the Vehicle (in whole or in part), the Owner shall be entitled to apply the Deposit against such default, loss or damage.
8.2 The Owner will not pay any interest on the security deposit and the Owner is under no obligation to hold the security deposit in any account separate from its own assets.
8.3 The Renter shall pay to the Owner any sums deducted from the Deposit within ten Business Days of a demand for the same. The Deposit (or balance of the Deposit) shall be refundable within 75 Business Days of the end of the Rental Period to the extent that this amount has not been needed to satisfy the Owner’s claims under the Contract.
9. Data protection
9.1 The Owner shall comply with its data protection obligations as set out in the Privacy Policy here: Privacy Policy – Daily Vehicle Rental
9.2 For the purposes of this Clause 9, the terms controller, processor, data subject, personal data, personal data breach and processing shall have the meaning given to them in the UK GDPR.
9.3 Both parties will comply with all applicable requirements of the Applicable Data Protection Laws. This Clause 9 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under Applicable Data Protection Laws.
9.4 The parties have determined that for the purposes of Applicable Data Protection Laws, the Owner shall process the Renter Personal Data as processor on behalf of the Renter:
(a) Scope of processing: The processing activities shall be include but not be limited to collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure, transmission, dissemination, and erasure of Renter Personal Data.
(b) Nature of processing: the Owner’s processing activities may include both automated and manual procedures for handling Renter Personal Data. It includes, but is not limited to, the collection and use of personal data related to the Authorised Drivers in the Booking Form, as well as any other relevant methods necessary for achieving the purposes outlined in this Contract (e.g., the automated collection and tracking of location data via the Telematics Devices).
(c) Purpose of processing: to fulfil the contractual obligations between the parties as set out in this Contract, where necessary to comply with the Owner’s legal obligations, or in the Owner’s legitimate interests (e.g., to assist the Owner in providing better a better service, to locate missing Vehicles, to submit an insurance claim, to collect unpaid invoices, to manage liability for penalties incurred by Authorised Drivers, to prevent fraud, to make or defend against any legal claims).
(d) Duration of the processing: during the Rental Period and for six years thereafter.
(e) Types of personal data: Name, age, driving licence details, details regarding driving convictions or offences, location data, driving behaviour or patterns.
(f) Categories of data subject: Authorised Drivers.
9.5 Should the determination in Clause 9.4 change, the parties shall use all reasonable endeavours make any changes that are necessary to this Clause 9.
9.6 Without prejudice to Clause 9.3, the Renter will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Renter Personal Data to the Owner and lawful collection of the same by the Owner for the duration and purposes of the Contract.
9.7 Without prejudice to Clause 9.3, the Owner shall, in relation to Renter Personal data:
(a) process that Renter Personal Data only on the documented instructions of the Renter. Where the Owner is relying on Applicable Laws as the basis for processing Renter Personal Data, the Owner shall notify the Renter of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Owner from so notifying the Renter on important grounds of public interest. The Owner shall inform the Renter if, in the opinion of the Owner, the instructions of the Renter infringe Applicable Data Protection Laws;
(b) implement appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Renter Personal Data and against accidental loss or destruction of, or damage to, Renter Personal Data, which the Renter has reviewed and confirms are appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
(c) ensure that any personnel engaged and authorised by the Owner to process Renter Personal Data have committed themselves to confidentiality or are under an appropriate statutory or common law obligation of confidentiality;
(d) assist the Renter insofar as this is possible (taking into account the nature of the processing and the information available to the Owner), and at the Renter’s cost and written request, in responding to any request from a data subject and in ensuring the Renter’s compliance with its obligations under Applicable Data Protection Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(e) notify the Renter without undue delay on becoming aware of a personal data breach involving the Renter Personal Data; 15
(f) at the written direction of the Renter, delete or return Renter Personal Data and copies thereof to the Renter on termination of the Contract unless the Owner is required by Applicable Law to continue to process that Renter Personal Data. For the purposes of this Clause 9.7.(f), Renter Personal Data shall be considered deleted where it is put beyond further use by the Owner; and (g) maintain records to demonstrate its compliance with this Clause 9.
9.8 The Renter provides its prior, general authorisation for the Owner to:
(a) appoint processors to process the Renter Personal Data, provided that the Owner:
(b) shall ensure that the terms on which it appoints such processors comply with Applicable Data Protection Laws, and are consistent with the obligations imposed on the Owner in this Clause 9;
(c) shall remain responsible for the acts and omission of any such processor as if they were the acts and omissions of the Owner; and
(d) shall inform the Renter of any intended changes concerning the addition or replacement of the processors, thereby giving the Renter the opportunity to object to such changes provided that if the Renter objects to the changes and cannot demonstrate, to the Owner’s reasonable satisfaction, that the objection is due to an actual or likely breach of Applicable Data Protection Law, the Renter shall indemnify the Owner for any losses, damages, costs (including legal fees) and expenses suffered by the Owner in accommodating the objection.
(e) transfer Renter Personal Data outside of the UK as required for the Purpose, provided that the Owner shall ensure that all such transfers are effected in accordance with Applicable Data Protection Laws. For these purposes, the Renter shall promptly comply with any reasonable request of the Owner, including any request to enter into standard data protection clauses adopted by the EU Commission from time to time (where the EU GDPR applies to the transfer) or adopted by the Commissioner from time to time (where the UK GDPR applies to the transfer).
9.9 The Owner at any time on not less than 30 days’ notice, revise this Clause 9 by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to this Contract).
10. Limitation of liability: THE RENTER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
10.1 In the event of damage to or loss or theft of the Vehicle or a part or accessory thereof from the time of the commencement of the Rental Period up until the time of the Vehicle inspection unless caused through the Owner’s own fault, the Renter may be liable for the following costs, charges and other damages:
(a) the charges invoiced to the Owner by the repair facility for the specific repair of the Vehicle, or replacement of the part or accessory;
(b) a bona fide estimate of the cost to the Owner of the repair of the Vehicle, or replacement of the parts or accessories (as applicable) calculated by reference to the Owner’s standard list of minor repairs or by an estimate provided by a repair shop;
(c) to the extent that any repair does not fully restore the value of the Vehicle, a reasonable sum for the diminishment of value as determined by an independent motor engineer;
(d) in the event that the total estimated repair cost is greater than the value of the Vehicle minus the salvage value, an estimate of the retail value of the Vehicle immediately prior to the damage, as independently verified, less the salvage value;
(e) the Owner’s resulting loss of revenue at the daily rate indicated on the Booking Form based on the Owner’s loss of income of the Vehicle;
(f) in case of theft or loss of the Vehicle, an estimate of the pre-theft or pre-loss retail value of the Vehicle, as independently verified;
(g) an administrative cost of £60 or £100 (higher fee will be charged when the Owner deems vehicle to be uneconomical to repair); and
(h) any towing, storage and impound fees reasonably incurred by the Owner as a result of the damage to, loss or theft of the Vehicle during the Rental Period.
10.2 The Owner does not exclude or limit in any way the Owner’s liability to the Renter where it would be unlawful to do so. This includes liability for death or personal injury caused by the Owner’s negligence or the negligence of the Owner’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the Renter’s legal rights in relation to the services.
10.3 Subject to Clause 10.3, the Owner’s total liability to the Renter in respect of the Vehicle shall not exceed its weekly rental rate as set out in the Booking Form.
10.4 The Owner is not liable for business losses. If the Renter uses the services for any commercial, business or re-sale purpose the Owner will have no liability to the Renter for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.5 The Renter shall indemnify the Owner in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by the Owner for:
(a) collecting payments owed from the Renter;
(b) any theft, loss of or damage to the Vehicle; and
(c) any third party claims,
(d) arising out of or in connection with the rental of the Vehicle during the Rental Period.
10.6 This clause 10 shall survive termination of the Contract.
11. Termination
11.1 The Contract terminates with the lapse of the Rental Period, as applicable, or as otherwise stipulated in this Clause 11.
11.2 The Owner may terminate the Contract with immediate effect if:
(a) the Renter commits a material breach of the Contract or if security risks for the Renter, or other third parties require an immediate return of the Vehicle. A breach of the Renter’s obligations in Clauses 4.6, 5, 6 and 7 is a material breach; or
(b) the Renter suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 (IA 1986) as if the words “it is proved to the satisfaction of the court” did not appear in sections 123(1)(e) or 123(2) of the IA 1986 (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the IA 1986.
11.3 Upon termination of the Contract, if the Renter fails to return the Vehicle to the agreed return location, the Owner may repossess the Vehicle, and the Renter is liable for any costs incurred in repossessing it in accordance with Clause 7.2.
11.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
11.5 Suspension, termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of suspension, termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of suspension, termination or expiry.
11.6 The Owner may notify the police if the Renter operates the Vehicle after end of the Rental Period.
12. General
12.1 Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
12.2 Assignment and other dealings.
(a) The Owner may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
(b) The Renter shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract.
12.3 Entire agreement. Subject to the Contract incorporating these Conditions and the Booking Form, the Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
12.4 Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
12.5 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or 19 any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
12.6 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision or part-provision of this Contract deleted under this clause 12.6 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
12.7 Notices.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by email to the following addresses the Owner: marcio@daily-rental.co.uk the Renter: the Renter’s email address as set out in the Booking Form.
(b) Any notice or communication shall be deemed to have been received:
(i) if delivered by hand, at the time the notice is left at the proper address;
(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or (iii) if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 12.7(b)(iii)12.7(b)(iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
(c) This clause 12.7 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
12.8 Third party rights. The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
13. Governing Law and Jurisdiction
13.1 The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
13.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Conditions, the Contract, or its subject matter or formation.
