Terms and Conditions

THESE TERMS AND CONDITIONS ARE PART OF THE RENTAL AGREEMENT

1. The Hirer shall, and shall procure that any Driver shall, ensure that the Vehicle will not be used:

1.1.  For hire or reward;

1.2. For racing, pace making, rallying, speed testing, driving tuition or similar purposes or for propelling or towing any vehicle, trailer or other object;

1.3. In any manner which might render void the Insurance Policy, or other contract of insurance;

1.4. For any illegal purpose or in contravention of any legislation affecting the Vehicle, its use or construction;

  1.4.1. Is not licensed to drive the Vehicle;

  1.4.2. Is under 25 years of age or over 70;

  1.4.3. Is under the influence of drink or drugs;

  1.4.4. Has supplied the Trader with a fictitious name, or address;

  1.4.5. Has not been approved by the Trader as a Driver; or

  1.4.6. Has been convicted of a motoring offence, the details of which have not been disclosed in writing to                     the Trader at the commencement of the Rental Period;

1.5. Outside England, Wales or Scotland without prior written consent of the Trader.


2. The Hirer shall provide identification for the hire of the vehicle:

2.1. All UK residents must be able to produce a full UK driving licence in addition to a recent utility bill or bank statement dated within the last 3 months and a valid credit, switch or debit card in the names of the hirers.

2.2. Intentional hirers must be able produce a passport and valid credit card in the name of the main

2.3. All additional drivers must be present at the time of hiring and must be able to produce a full valid driving licence conforming to the stipulations above


3. Driving License

3.1. Drivers must be between 25 and 75 years of age and be able to produce a full, valid, British or international driving license held for at least two years

3.2. All international hirers must provide a readable unexpired license from their country of origin, if not in English, and international driving license must be provided also

3.3. Our reservations agent must be informed of any endorsements on the driver’s license, as we may not be able to take your booking – no refund will be given for rentals rejected due to non-production of a driving license or non-disclosed endorsements.


4. Travel outside the UK

4.1. We do offer cover for customers to take vehicles outside of Mainland Britain at an additional cost;

4.2. All travel outside Mainland Britain MUST be pre-approved by Newlands Garage Van Hire;

4.3. Please contact us for further details 


5. Insurance excess

5.1. For a standard hire, the insurance excess is £500.00

5.2. This can be reduced with the taking out of the excess wavier


6. The Trader acknowledges that:

6.1. It has the right to transfer possession of the Vehicle for the Rental Period;

6.2.  The Vehicle shall substantially conform to its specification (as made available by the Trader), be of satisfactory quality and fit for any purpose held out be the Trader.


7. The Hirer acknowledges that:

7.1. The Vehicle shall always remain the property of the Trader and he 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 terms and conditions of this agreement);

7.2. It shall return the Vehicle and its Accessories to the place and on or before the date due back; as specified overleaf;

7.3. It has inspected the Vehicle, which is supplied in accordance with the manufacturer's specification, subject to any qualification or representation contained in any documentation supplied by the Trader, and is satisfied that the Vehicle is in satisfactory condition and is free from apparent defects or damage (except as indicated overleaf);

7.4. Subject to clause 16 and except where the injury, loss or damage is caused by the Trader, the Trader shall not be responsible for any injury, loss or damage arising from the Driver's use of the Vehicle, nor shall the Trader be liable for any indirect loss or damage, or, in the case of consumers, damage which was not foreseeable by you and us; and

7.5. The Trader shall not be responsible for injury, loss or damage arising from any defect or mechanical failure which is not attributable to any breach of the manufacturer's warranty or any warranty implied by law to take reasonable care or exercise reasonable skill.

7.6. During the Rental Period, the Driver shall keep the Vehicle and its Accessories in its possession and shall not allow a third party to take possession of the Vehicle or its Accessories and, when not in use, the Driver shall keep the Vehicle and its Accessories adequately protected and secure.

7.7. The Hirer shall pay on demand:

  7.7.1. The Rental Charges;

  7.7.2. Any applicable Excess Waiver Fee, the Personal Accident, Personal Effects or Goods in Transit  Insurance Fees and any Refuelling Charge;

  7.7.3. The Excess Amount in respect of each incident resulting in damage to or loss of the Vehicle, it's Accessories or any property left stored or transported in or upon the Vehicle save to the extent that such damage or loss arises from the actions of the Trader;

  7.7.4. All fines, charges, penalties, costs and expenses (including all charges and penalty charges incurred under a charging scheme) incurred in relation to the Vehicle by the Hirer during the Rental Period, except where caused through the fault of the Trader; and

  7.7.5. Any Value Added Tax, local or other taxes payable in respect of any of the above.

7.8. The Hirer shall be responsible for all losses that the Trader suffers because of any damage, fire or theft to or of the Vehicle or its Accessories during the Rental Period (unless caused because of the Trader's negligence or the Trader's breach of these conditions), and this shall include any loss of rental income incurred by the Trader as a result.


8. The Hirer and any Driver shall:

8.1. Ensure compliance with the terms, conditions and limitations of the Insurance Policy, which shall be deemed to be included in these Conditions as if the same were fully set out herein;

8.2. Inform the Trader of any loss of or damage to or fault developing in the vehicle as soon as the Hirer or Driver becomes aware of the loss, damage or fault;

8.3. At the request and cost of the Trader permit to be done in its own name all acts, and things as may be reasonably required by the Trader for the purposes of repairing the Vehicle or enforcing any rights or remedies or of obtaining relief from other parties in respect of any loss or damage to or in connection with the Vehicle or its Accessories

8.4. Be responsible for any losses, expenses or other costs incurred by the Trader by reason of a breach of these Conditions be any Driver:

8.5. Ensure that maximum payload and individual axle plated weights are not exceeded;

8.6. Be responsible for the loading and unloading of the Vehicle; and

8.7. Obtain or maintain any necessary operator's license.


9. The Hirer and any Driver shall not:

9.1. Without the prior consent of the Trader, incur any liability for repairs to the Vehicle or its Accessories more than £25.00; or

9.2. Make any claim for loss of or damage to any property left stored or transported in or upon the Vehicle unless due to the Trader's negligence. The Hirer may purchase insurance to cover such loss or damage by indicating in the relevant box overleaf.


10. Vehicle Damage

10.1. The hirer is responsible for any damage to the roof or upper part of the vehicle caused by hitting low objects, such as bridges or branches.

10.2. This applies irrespective of whether the hirer has opted for the excess waiver

10.3. The hirer must not let anyone work on the vehicle without our written permission

10.4. Damage to the vehicle includes glass and tyre damage, water and floor damage

10.5. The hirer will have to pay for repairs if the vehicles needs more than a standard valet or if the vehicle has been damaged with inside or outside (Irregardless if it is the hirers fault).


11. Excess Waiver

11.1. The Hirer's liability will be limited to the amount of the Non-Waivable Excess (£100) if the Hirer pays the Excess Waiver Fee (£8.50+VAT) in accordance with the Current Tariff or is part of an inclusive tariff rate offered by the Trader. Even if an Excess Waiver Fee is paid, the hirer shall be responsible for payment of any Excess Amount

11.2. Where the loss of or damage to the Vehicle or its Accessories arises from the negligent or wilful action of the Hirer or any Driver.

11.3. This is not available on travel outside mainland Britain.


12. Extension of Rental Period

12.1. The Rental Period shall not be extended without the Trader's express authorization in writing and in any event shall not exceed 89 days.


13. Fuel Policy

13.1. All vehicles are provided on a ‘full tank’ basis. 

13.2. If vehicles require refuelling by us on your return, you will be charged £1.75 pence per litre


14. Non-conformity

14.1. If the Hirer is a consumer and considers that the Vehicle does not conform with the terms implied by the Consumer Rights Act 2015 (i.e. The Vehicle must be of satisfactory quality, fit for purpose, match its description, match a sample and match a model seen or examined by the consumer), the consumer must notify the Trader within 30 days of the commencement of the Rental Period and promptly return the Vehicle to the Trader at the consumer's cost, at which point the consumer may either:

  14.1.1. Reject the Vehicle (the consumer's "short term right to reject"); or

  14.1.2. Give the Trader the opportunity to repair or replace the Vehicle at the Trader's cost; and;

  14.1.3. If the Trader is unable to satisfactorily replace or repair the Vehicle within a reasonable time, or such replacement or repaired Vehicle is faulty, the consumer has the right to either a refund of the rental charges paid for any part of the hire that was not supplied or may reject the Vehicle (the consumer's "final right to reject").

14.2. If the Hirer does not comply with these Conditions, it shall return the Vehicle to the Trader immediately and pay to the Trader on demand such loss as is recoverable at law where that loss is caused by the Hirer's non-compliance. Where the Hirer fails to return the Vehicle, the Trader may retake possession of the Vehicle and all reasonable costs and expenses incidental to the Trader's recovery of the Vehicle shall be paid by the Hirer to the Trader on demand.


15. In these Conditions, the following terms shall have the meanings which have been assigned them below:

15.1. Accessories: the spare wheel, tools and other items that the vehicle is supplied with and any replacements; 

15.2. Current Tariff: The Trader's tariff of charges at the commencement of the fees payable by the hirer, as set out in the 

15.3. Driver: The Hirer and/or other person specifically approved by the Trader to drive the vehicle during the Rental Period, named as such overleaf or any other set out in the Insurance Policy;

15.4. Excess Amount: the amount of the Non-Waivable Excess (as specified overleaf);

15.5. Excess Waiver Fee: the fee, which shall be calculated in accordance with the Current Tariff, which limits the Hirer's liability to pay the Excess Amount to £100.00 

15.6. Hirer: the person named as such overleaf; 

15.7. Insurance Policy: The Trader's policy of insurance on the Vehicle, a copy of which is available for inspection at the rental location the Trader;

15.8. Personal Accident, Personal Effects & Goods in Transit Insurance Fees: the benefits of the Personal Accident, Personal Effects & Goods in Transit cover;

15.9. Refuelling Charge: the surcharge which is added by the trader to the cost of any 'top-up' fuel needed when the Vehicle is returned to the Trader; 

15.10. Rental Charges: The Vehicle hire charges for the Rental Period, which shall be calculated in accordance with the Current Tariff;

15.11. Rental Period: the period commencing at the start of the Vehicle hire, as stated in the overleaf, and finishing on the redelivery of the Vehicle into the physical custody of the Trader;

15.12. Trader: the business named as such overleaf;

15.13. Vehicle: the vehicle described overleaf and any replacement vehicle.


16. Adaptation of Terms and Conditions

16.1. If any addition to or alteration to these Conditions is required, they should be confirmed in writing by the parties.


17. Exclusion of Liability

17.1. Nothing in these Conditions shall be deemed to exclude or restrict the Trader's liability for death or personal injury resulting from negligence or any other liability of the Trader which cannot be excluded as a matter of law.