RENTAL AGREEMENT
MCA CAR HIRE
VEHICLE RENTAL AGREEMENT TERMS AND CONDITIONS
- Definitions: “Agreement” means all the terms and conditions found in this form and all other documents that we give you or that you sign at the time of rental. “You” or “your” means the person identified as the renter in this Agreement. Any person signing this Agreement, any “you” and “your” are jointly and severally bound by this agreement. “We”, “our” or “us” means MCA CAR HIRE, “Authorized Driver” means the renter and any additional driver listed by us in this agreement, provided that each such person has a valid drivers license, personal insurance policy that covers rental cars, and is at least a minimum age of 18.
“Vehicle” means the automobile identified in this Agreement and any vehicle we substitute for it, and its tires, tools, accessories, equipment, keys, and vehicle documents. “Loss of Use” means the amount calculated by multiplying the number of days from the date the vehicle is damaged until it is repaired times the daily rate. “Actual Cash Value” means the high rental value per the NADA classic and Collector value guide just prior to damage or loss. “Diminished Value” means the Actual Cash Value of the vehicle just prior to damage or loss less the value of the Vehicle after repair or replacement.
- Rental, Indemnity and Warranties: This is a contract for rental of the vehicle. We may repossess the vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs, and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the vehicle, no warranty or merchantability and no warranty that the Vehicle is fit for a particular purpose.
- Condition and Return of the Vehicle: You must return the Vehicle on the date and time and to the location specified in this Agreement in the condition that you received it, except for ordinary wear. If the vehicle is returned after the specified time and date, it must be at a date and time and location approved in advance by us. Any delay in returning the vehicle in excess of one hour will result in additional charges. You remain responsible for the safety of and any damage to the Vehicle until we receive the Vehicle. Return of the Vehicle is not complete until our agent has inspected the Vehicle; this inspection may not occur on the same day you physically return the Vehicle to us. Service of the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain tire pressure and all fluid levels and return the Vehicle to us with the least the same amount of fuel as when rented.
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Vehicle, up to its Actual Cash Value just prior to the loss, You are responsible for any loss of Use, Diminished Value, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not you are at fault. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
- Prohibited Uses: The following uses of the Vehicle are prohibited and are considered breaches of this Agreement. You may not: a) allow any person who is not an Authorized driver to operate the Vehicle; b) operate the Vehicle while intoxicated or under the influence of any drug; c) drive the Vehicle outside the geographic area stated elsewhere in this Agreement; d) use the Vehicle to participate in any race, speed test, or contest; e) push or two anything, or use the Vehicle for commercial hire; f)use the Vehicle at all for any purpose if you are an Authorized Driver give false, fraudulent or misleading information at the time of or during the rental drive the Vehicle on unpaved surfaces; h) transport more persons than the Vehicle has seats seat belts, or carry persons outside the passenger compartment, or transport children without approved child safety seats as required by law; i) tamper with or disconnect the odometer; j) operate the Vehicle when any of its fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; k) drive the Vehicle if you lack experience operating a manual transmission.
- Insurance: You have listed above & have provided us with proof of insurance. ‘
You are responsible for all uninsured damage or loss to the Vehicle and damage or loss that you cause to others or their property.
- Charges: You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including: (a) all appropriate rental fees from the time the Vehicle is rented until the Return Date indicated in this Rental Agreement, even if you return the Vehicle earlier than the Return Date and Time; (b) excess time and mileage charges if appropriate
(c) applicable taxes; (d) all parking, traffic and toll violations, fines, penalties, forfeitures, court costs, towing and storage, and other expenses involving the Vehicle assessed against us of the Vehicle; if you fail to pay the charging authority, you will pay us the full amount(s) owed to the charging authority plus our administrative fee of £50 for each such unpaid violation; all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (f) all costs, including pre-and post-judgement attorney fees, we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (g) a per month late payment fee, or the maximum amount allowed by law, on all amounts past due; (k) all expenses we incur in recovering the Vehicle if fail to return it as promised; and (h) a reasonable fee not to exceed £50 to clean the vehicle if returned substantially less clean than when rented.
- Deposit: We may use your deposit to pay any amounts owed to us under this Agreement.
- Your Property: You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
- Breach of Agreement: If you breach this Agreement, in additional to all legal recourse we may have against you for the breach, we may also disable the Vehicle during the rental term. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement.
- Modifications: No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the vehicle to our rental office for inspection and written amendment by use of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
- Miscellaneous: A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal, or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special, or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement deemed void or unenforceable, the remaining provisions are valid and enforceable.
Your signature here indicates that you have read and agree to all the paragraphs above.
Signature- Primary Renter Date
Signature- Car Rental Owner Date