The Customer is the Registered User Group.
The Supplier is Emmanuel Community Projects Ltd.
The Vehicle is a 17 seat Mercedes Sprinter minibus registration number JBW 2S.
1. The Customer agrees that the Vehicle will not be taken outside mainland England, Scotland & Wales, without the written permission of the Supplier.
2. The Supplier has no liability whatsoever for property carried or left in the Vehicle, including property left in the Vehicle on return to the Supplier.
3. The Vehicle must not be used:
(a) for carrying goods for hire or reward, racing, pace making, reliability trial, speed testing, to propel or tow any other vehicle, or any trailer.
(b) for any unlawful purpose.
(c) for carrying more than 16 passengers.
(d) if any mechanical failure, or structural damage to the Vehicle, may cause further damage.
(e) by any person not licensed to drive the Vehicle, or any person under the influence of alcohol or drugs.
4. The Vehicle is comprehensively insured by the Supplier. A £150 excess applies to any accident or windscreen breakage. The Customer is responsible for reimbursing the Supplier with the £150 excess, regardless of fault. If the Supplier is subsequently able to reclaim the excess from a third party, the £150 will be reimbursed to the Customer, on receipt.
5. The Customer is liable to pay for any loss that the Supplier may sustain as a result of wilful action of the Customer, or any other loss that may arise for whatever reason during the hire period, that is not covered by comprehensive insurance.
6. The Customer agrees to return the Vehicle on request by the Supplier. If the Customer fails to respond to reasonable request for the return of the Vehicle, then the Supplier is entitled to repossess the Vehicle.
7. The Customer is liable for any road traffic offence which is notified regarding an offence during the hire period. This shall be both fines and penalty points awarded. The Customer is further liable for any parking fines whether these have been imposed by a person, local authority, or as a result of unauthorised parking on private land. The Customer also agrees to be liable to the Supplier for any charges relating to the London Congestion Charging Scheme, which are advertised at www.tfl.gov.uk/roadusers/congestioncharging.
8. The Customer agrees:
(a) to inform the Supplier immediately where any damage is sustained to the Vehicle, or if the Vehicle develops any faults then the Supplier must be given the opportunity to effect repairs.
(b) to secure the Vehicle when unattended and take reasonable steps to avoid potential losses.
(c) to carry out checks on fluid levels, tyre pressures and bulbs.
(d) to return the Vehicle promptly at the agreed time to the vehicle garaging location, in a clean condition, together with all the Vehicle’s fittings and accessories and indemnify the Supplier for the cost of replacement of any missing items, or for any cleaning costs. A charge of a minimum of £50 will be made if the vehicle is left in a dirty condition inside. It is a breach of this agreement for the Customer to fail to return the Vehicle to the Supplier at the end of the hire period and rental charges will continue to be charged by the hour, until the Vehicle is returned.
(e) to safeguard the Supplier’s interests in the event of any accident involving the vehicle, by obtaining the names and addresses of all relevant driver and witnesses, securing the vehicle, and where appropriate notifying the police.
(f) that this agreement is not assignable.
(g) that this document, The Driver Registration Form and the User Group Registration Form contain the entire understanding between the parties and that no addition, or alteration of the terms shall be valid unless made in writing and signed by the duly authorised officer of the Supplier.
(h) that he/she is not entering into this agreement on the basis of any warranty or representation by the Supplier.
(i) that the failure of the Supplier to enforce any term of this agreement shall not be construed as a waiver of its rights hereunder.
(j) that smoking is prohibited in the vehicle.
9. The Supplier may end this agreement immediately if the Customer is in breach of any provision of paragraph 3 or any other serious breach of this agreement. The Supplier retains any other rights and remedies provided by law. If the Supplier exercises its right under this paragraph it shall have the power to repossess the Vehicle and the Customer will have no right to compensation.
10. In the event that the Customer continues to operate the Vehicle after the Supplier has terminated the agreement under paragraph 9, then the customer acknowledges and agrees that the Supplier shall have the right to notify the police that the Vehicle has been stolen.
11. The Supplier will take reasonable steps to ensure that the Vehicle is kept in a roadworthy condition. In the event that the vehicle breaks down, the Supplier will endeavour to repair the vehicle, or if this is not possible, pay the costs of returning the vehicle and occupants to Belper, by the most cost effective means available. The Supplier will not be responsible for any consequential loss, or additional expenses such as meals, or overnight accommodation.