The Agreement :
The lessor hereby hires the vehicle to the hirer for the period and on the Terms and Conditions herein set out which transaction is referred to hereinafter as ‘the hirer’ By virtue of the Paragraph 3(1) of the Consumer Credit (Exempt Agreement) Order 1989 this agreement is not a Regulated agreement within the meaning of the Consumer Credit Act 1974.
The Hirer’s obligations :
The hirer will ensure that any additional driver will comply with these Terms and Conditions and shall be responsible for any loss arising for any non-compliance as if the breach were his own. At the conclusion of the hire period, the hirer will re-deliver the vehicle to the lessor in a clean condition with all the tyres, tools, radio, keys and other accessories in the same condition as when received; ordinary wear and tear excepted, at such place and at such date and time the lessor shall direct. The hirer agrees that until the vehicle is physically in the possession of the lessor the vehicle remains at the risk of the hirer. Delivery or surrender of the vehicle to a third party shall not constitute re-delivery to the lessor.
The hirer will be liable to the lessor for all damage to the vehicle including, but not limited to, glass, tyres, wheels, interior and accessories, however caused. For any key lost or damaged, the hirer agrees to pay the lessor the current vehicle main dealer price to cover the cost of replacement and associated administration. If the hirer puts the wrong grade of fuel into the vehicle the hirer will be liable for any costs incurred by the lessor in draining the tank and rectifying any subsequent damage.
The hirer will immediately inform the lessor of any fault in the vehicle, and will not use the vehicle whilst in an un-roadworthy condition.
Use of Vehicle :
The hirer may use the vehicle for the purpose of their business and for social domestic and pleasure purposes. The vehicles may not be used for any purposes for which they are not expressly designed, for example carrying a greater number of passengers and/or more baggage than recommended by the manufacturer. Furthermore, the hirer will not use or permit the vehicles to be used for hire, driving tuition, towing, racing or pace–making, or for competing in any rally, or any other form of motor sport, track days, or for any illegal purpose whatsoever. Allowing a non-insured driver to drive our vehicle will result in the loss of your security deposit; Mountains Glens and Sports Cars will also view this as theft of the vehicle and will prosecute without exception in all cases as theft.
The vehicle will not be driven during the hire period by any person who is under the influence of alcohol or any other substance which might impair the ability to drive or in a manner which would render void the policy or other contract of insurance, in contravention of any applicable Road Traffic legislation or of the construction and Use Regulations for the time in force.
The vehicle will not be used during the period of hire in violation of the provisions of any act or regulations affecting the use, loading or condition of the vehicle or for any illegal purpose.
Age, Licence and Health Restrictions:
Drivers need to be between 30 and 72 years of age for Self-Drive Insurance of this level of car.
Any additional drivers must also have their card details checked by us before the hire starts, the charge is as per our tariff. NO OTHER PERSON MAY DRIVE THE CAR.
All drivers must have held a full licence for a minimum of three years, must have no more than 6 penalty points endorsed on their licence within the last 48 months, must not have an offence in which more than 4 penalty points were given, and no more than one fault accident claim in the last 48 months, must not have been disqualified from driving for a period exceeding 12 months in the last 4 years. Extra charges additional to our tariff may apply for drivers with points and previous claims.
Drivers must not have a prosecution pending for any of the following motor offences; AC10 to AC30 inclusive, BA10, BA30, CD40 to CD90 inclusive, DD40 to DD90 inclusive, DR10 to DR80 inclusive, IN10, MS50 or TT99. Any convictions for drink or drug driving, dangerous or careless driving within the past 5 years will not be accepted. Overseas licenses are accepted subject to the above conditions. Drivers must be medically fit to drive, and not have a medical condition which the DVLA must be notified of on account of it’s effect on fitness to drive, and not have been told by a doctor not to drive. Any non motor related convictions will not be accepted.
We have the right to refuse any driver on production of a licence that does not comply with our insurance policy. All hires and cancellations are subject these terms and conditions and it is deemed that you have read and understood them before making a booking.
UK Driving licence and DVLA check code.
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You will be provided with a full tank of fuel and the vehicle should be returned with a full tank of the correct fuel grade stated in that car’s FAQ sheet.
If this is not the case fuel will be charged at the pump price plus £25 charge to cover our extra mileage and time.
Scope of Vehicle Use:
None of our cars may be taken out of Scotland. The cars cannot be used for rallies, time trials, group organised events, track days or any motor sport related activity. We will ask for a rough outline of where you intend using the vehicle before you leave.
Hours of Hire:
Daily Hire 09.00 – 18.00pm
3 day weekend or other special hours – times to be agreed prior to hire, then noted on rental agreement.
Mileage, Late Collection and Return Charges:
Mileage included is 130 per day with additional charges per mile over this allocation. Collecting or returning the car later than your appointment time will incur a charge of £15 per 15 minutes to cover staffing and the delay difficulties for other customers. After 2 hours late this will then increase to a full days rental. However, if you phone us at least 30 minutes before the return time, we may be able to authorise an extended hire at a normal rate if the car is not reserved for another customer.
Booking & Cancellation:
Bookings are confirmed on these Terms. A non refundable 50% deposit is required when booking. The balance must be paid no later than 28 days before the hire period commences or the full amount paid at the time of the booking if less than 28 days. If the balance payment is not received before the 28 day period begins we will take this as cancellation of the booking and deposit retained. No refunds can be given, but at Mountains Glens and Sports Cars absolute discretion the booking may be postponed to another date within three months of the booked hire period. Cancellations due to the hirer not meeting the terms and conditions set out here are the responsibility of the hirer and Mountains Glens and Sports Cars. We assume no liability whatsoever unless stated otherwise. We cannot accept American Express credit cards. In the event of your chosen vehicle being unavailable for any reason or very serious adverse weather conditions (snow, ice or serious flooding), we will inform you as soon as possible and offer either an alternative vehicle or an alternative date.
Payment, Insurance Excess & Security Deposit:
Payment by either Credit or Debit card is acceptable, our system cannot accept cash payments.
The security deposit is held (A) As a security bond (B) As payment towards any mechanical damage which is not covered by our Insurers, e.g., tyres, wheels, clutch, gearbox, which was sustained during the hire period; excluding normal wear and tear, due to misuse and abuse. (C) As an insurance excess against any accidental damage or loss caused to the vehicle by a third party or the hirer. The hirer is liable for the amount shown as Excess Deposit. (D) To cover additional charges incurred during hire for excess mileage and, or, petrol reimbursement charges. (E) As payment towards inconvenience caused and losses incurred in relation to police involvement/arrest which results in the car being confiscated or compounded and or being stopped for driving recklessly or dangerously.
The Excess Security Deposit is as per the tariff. This pre-authorised security deposit can be held against a major credit card, it does not leave your bank account, and will be processed for refund immediately after the hire (subject to terms listed) so you do not incur any charges. Your bank may take up to 10 days to process this release internally. The security bond will only ever be held in full when damages are greater than the security bond or damages to the vehicle result in an insurance claim. In all other instances the cost of the damage only will be deducted and copy invoice of repair provided on request.
Damage / Wear and Tear / Accidents / Theft:
All damage to our cars whilst in the custody of the hirer however they arise will be the responsibility of the hirer and Mountains Glens and Sports Cars will charge for the cost of the repairs against the Security Deposit held against the hire up to the value of the Security Deposit, if requested Mountains Glens and Sports Cars will provide one quotation for the works from an a local repair specialist, for which an admin charge may be made. Any excess wear to the car’s tyres will be charged at a pro rata rate for the cost of replacing the tyres plus vehicle down time, Mountains Glens and Sports Cars will provide details of these charges should they apply, these charges also extend to unreasonable wear and tear on any other part of the car. Vehicles are only fully inspected once returned to our premises, this is due to dirty vehicles / bad light which hamper a full inspection, any damage discovered once we have cleaned the vehicle will then be charged, Mountains Glens and Sports Cars are not limited to noting the damage at the time of pickup of the vehicle for the reasons set out in this clause.
In case of accident the hirer and/or any additional driver must report at once to the lessor the occurrences of any and every accident involving the vehicle, no matter how minor, and will complete an Accident Report Form within 24 hours. The hirer and/or additional driver must also obtain the registration numbers, names and addresses of any other parties and of any witnesses to such an accident, make no admission of liability, if possible photograph the scene and damage to any vehicles using your personal camera or phone, then immediately upon receipt send to the lessor any correspondence, claim form, notice, proceedings or other documents received in connection with the accident. In addition, the hirer and/or additional driver will co-operate fully with the lessor and the lessor and/or hirer’s insurers in the investigation and defence of any claim. The hirer is responsible for any theft of the vehicle.
Smoking in Cars:
‘Smoking and the use of ‘E’ cigarettes is expressly forbidden and will result in the loss of your Security Bond, smoking in the car with the window wound down will still leave cigarette smells as well as damaging the upholstery and will result in the loss of your Security Bond. This is due to some customers refusing to hire the car subsequently if they detect the odour. We suggest you walk away from the vehicle and allow 5 minutes before getting back into the car after smoking.
Speeding tickets, Parking fines, Road Traffic Acts:
The driver / hirer of the vehicle hereby agrees to be liable for all speeding fines or parking tickets or any other costs or penalties that may be incurred whilst the car is in the possession of the hirer or in relation to the manner in which the hirer / driver has driven the car during the hire period.
This includes any fine or penalty imposed under a fixed penalty notice relating to the hire and any traffic congestion charges. The lessor may, in order to avoid further penalties, pay fines and the hirer shall be liable to reimburse the lessor for the amount together with a £25.00 administration fee.
In accordance with the Road Traffic Act 1974 sections 1.5 and 1 the hirer shall be liable as owner of the vehicle in respect of:-
a Any of the following offences which may be committed with respect to that vehicle when it is stationery and when fixed penalty notice is issued being on a road during the hours of darkness without lights or reflectors required by law waiting or being left parked or being loaded or unloaded in a road, the non-payment of the charge made at street parking places and:
b Any excess charge which may be incurred in pursuance of an order under Section 35 & 36 of the Road Traffic Regulations Act 1967 (Provision of Highways of Parking Places where charges are made).
The inclusive Fully Comprehensive insurance covers, ‘Insured Driver’, of minimum age of 30 years and max 72 for each vehicle. Charge for additional driver starts from £40 per day subject to our insurer’s approval. All vehicles supplied by Mountains Glens and Sports Cars are covered on our own insurance and included in with the rental price . We cannot allow people to cover our vehicles on their own insurance. Extra charges additional to the Tariff may apply to Non UK Residents with foreign licences and drivers with previous claims and motoring convictions.
Mountains Glens and Sports Cars liability is limited to a refund of the hire charge. No consequential loss liability will be covered. Car hire may be cancelled or re-arranged if:
There is a mechanical breakdown of the car, if this occurs and it is feasible to offer an alternative car for the hire we will do so and will reimburse the cost difference for the hire of the substitute vehicle, should we not have another vehicle available or if you choose to not have the replacement offered we will either re–arrange the hire for another day or reimburse you in full for the cost of the hire, Mountains Glens and Sports Cars accept no responsibility or liability for cancellations under these conditions.
Mountains Glens and Sports Cars retain the right to refuse hire of our vehicles to any one we deem unsuitable for hire or whom we feel do not fit our criteria for hire or if the hirers age or licence details do not comply with our terms as set out herein.
Mountains glens and sports Cars are not responsible for loss or damage to any of the hirers property whilst in the vehicle or at the time of the hire period.
Where a person on behalf of the hirer has signed this agreement, it warrants that he is authorised to sign for the hirer and is jointly and severally liable with the hirer under this agreement. If the name and driving licence number of an additional driver have been provided by the hirer, the hirer confirms to the lessor that they have received consent of the additional driver to the provision of such information to the lessor. This agreement shall be governed and construed in accordance with the law of Scotland.
I confirm that I have read and understood the above terms and conditions and will adhere to them, and will remember any important control and safety features of the vehicle that will be explained during the vehicle presentation., and on the FAQ card in the car.