1. BASIS OF AGREEMENT

 

1.1 We will treat each order for the services as an offer by you to purchase the services in accordance with these terms and conditions.

 

1.2 You must be 21 years of age or over, but under 65 years of age, and resident in the United Kingdom to hire all vehicles. Please note there may be an additional charge for drivers 21-23 years of age – please call for more information.

 

1.3 We will acknowledge receipt of your order without undue delay by e-mail or by telephone. Please note that our acknowledgement of receipt of your order is not our acceptance of your order, which we will send separately.

 

1.4 No order submitted by you is accepted by us until we confirm by e-mail its acceptance or we supply you with the vehicle, whichever the earlier. No contract shall exist between you and us until we confirm our acceptance of your order or supply you with the vehicle.

 

  1. DESCRIPTION

 

2.1 All vehicle and additional service descriptions and any content on our website are intended merely to present a general idea of our services

 

2.2 We do not offer any guarantee on the make or model of vehicle you will receive. The vehicle that appears on the order form is for guidance only and may be substituted for an alternative or similar vehicle.

 

2.3 We may hold two different models of the same vehicle. We cannot guarantee which model you may receive or the type of fuel the vehicle will use before you collect the vehicle.

 

  1. TOTAL RENTAL PRICE

 

3.1 The total rental price of our vehicles is shown on the price comparison page. This price includes:-

 

3.1.1 basic rental price of the vehicle;

 

3.1.2 local taxes (including but not limited to Value Added Tax, Road Tax) and surcharges, please note that this will not include congestion charges;

 

3.2 The total rental price of the vehicle will not include the following, (please note that this is not an exhaustive list):-

 

3.2.1 fuel costs; 3.2.2 deposits requested by us; 3.2.3 fines, penalties, toll charges, etc. you may incur; 3.2.4 late return fees; 3.2.5 any overhead damage, tyres, glass and windscreens; 3.2.6 additional insurances, or 3.2.7 special requests. 3.3 If we need to vary the total rental price to take account of any changes in taxes and duties, site errors or errors or omission in the price displayed on our website or in any confirmatory correspondence, we shall notify you by e-mail and allow you an opportunity to cancel your order without any cost to you.

 

  1. PAYMENT

 

4.1 When you place your order with us we will request payment in full for the whole rental period and the payment will be taken immediately from your account.

 

4.2 Your payment will be processed by Fitch Autos Limited. We accept payment by credit or debit card only.

 

4.3 Fitch Hire will require information from you in order to process your payment. 4.4 You acknowledge that we may ask a third party to provide a credit/fraud report on the basis of the credit/debit card details and other personal details that you provide.

 

4.5 If we do not receive any payment on the due date then we may delay provision of the vehicle(s) until such payment is received by us.

 

4.6 The rental payment will be made in pounds sterling.

 

  1. AVAILABILITY

 

Where we are unable to fulfil your order we shall inform you and repay any sum paid by you as soon as possible and, in any event, within 30 days of us informing you that we cannot fulfil your order. We will use reasonable endeavours to ensure that such notification will be within a reasonable time before collection.

 

  1. OWNERSHIP

 

The vehicles will at all times be owned by us and you should not make any representation that may lead third parties to believe otherwise.

 

  1. INFORMATION, ID AND DRIVING LICENCE REQUIREMENTS

 

7.1 You must ensure that you complete the order form so as to give us any necessary information to enable us to provide you with the services.

 

7.2 When you pick up your vehicle you must bring:- 7.2.1 the e-mail confirmation from us that your booking has been accepted; 7.2.2 a valid driving licence (for each driver) which has been held for over 2 years; (Please note: customer must present both parts of the new two-part UK Drivers Licence at time of rental. If you have an old paper licence then please bring your passport to provide photo ID). * Minibuses – minibus rental is only available to renters holding a Category D1 on their licence and must be 25 years of age. 7.2.3 a form of ID (for each driver) as detailed in condition 8.4; and 7.2.4 a valid credit card (or two credit cards when renting a vehicle in a higher group).

 

7.3 In order for you to rent a vehicle, you will need to have held a full driving licence (this will include the paper counterpart for a photo card driving licence) for at least two years and with the driver’s current address.

 

For foreign licences, the driver must have held a full licence for 2 years. If the licence is not of EU origin or from a designated country (see list below) your licence must be accompanied by a valid International Drivers Permit. This may be different for certain vehicle groups, please check the vehicle information to confirm this requirement or call your local hire depot. When you collect your vehicle, you must present a full driving licence for all named drivers, with details of all endorsements.

 

It is your responsibility to ensure that an appropriate driving licence is provided. This will be copied and the details retained by us in accordance with our privacy policy. No refunds will be given for rentals rejected due to non-production of an appropriate driving licence. Designated Countries List: Andorra, Australia, Barbados, British Virgin Islands, Canada, Falkland Islands, Faroe Islands, Hong Kong, Japan, Monaco, New Zealand, Republic of Korea, Singapore, South Africa, Switzerland, Zimbabwe.

 

We do not accept any driving license that shows a ban of more than 56 days. This is due to the driving licence being invalid as the driver must reapply for a licence following a ban of over 56 days. If a driver has a driving ban of over 56 days on their licence and advises they have reapplied for their licence, they will be subjected to a further enquiry at the hire desk which will involve us calling the DVLA to check that the driver is fully licensed. This will be charged to the customer at £10+VAT.

 

7.4 You must also provide two valid forms of identification bearing your current home address which need to be a mixture of either a bank statement, credit card statement or utility bill. The driving licences should have the drivers current address. The documentation must be no older than 3 months old prior to the start of the hire. The documentation is required for every driver who will be using the vehicle during the hire period and must be presented when collecting the vehicle. These must be original postal documents, as photocopies will not be accepted. This documentation must be provided for every driver. Printed utility bills will also be accepted provided all the customer’s information (name and address) is shown.

 

7.5 We reserve the right to refuse rental of vehicles if you have received an endorsement for dangerous driving, driving whilst drunk or on drugs, theft or unauthorised taking of vehicles or if you have been disqualified for 12 months or more, also if you have more than 6 current points on your licence, (minor offences only). If any of the following endorsements appear on your driving license then we will be unable to rent you a vehicle: DD, DR, LC, TT, UT, XX, NE, CD40-CD76 (within 5 years of offence). Also two or more periods of disqualification.

 

Endorsements on licences will be taken from the date of conviction, not from the date of the offence. Please note that a disqualification over 5 years old is acceptable even if it is still showing on your licence. If you have placed an order with us when you have such endorsements, we will not be required to refund any payments made by you.

 

7.6 Rental of vehicles is at our discretion and we reserve the right to refuse rental of vehicles to any person. We will not hire vehicles to persons in the following trades: • Professional Entertainers; • Gambling Trades; • Professional Sports People; • Scrap Metal Dealers; • General Dealers, or • Armed Services Personnel other than persons born in the UK. (US Armed Forces can hire all vehicles if over 25 years of age).

 

7.7 Non UK licence holders should contact the depot to see if their driving licence will be accepted for hire.

 

  1. PROVISION OF THE VEHICLE We reserve the right to refuse to provide a vehicle to you if, when attempting to collect the vehicle, you are, in our reasonable opinion, unfit to drive or you do not meet the eligibility requirements. In such case the contract will terminate immediately and, unless we rent the vehicle allocated to you to a third party for the relevant hire period, we will have no further liability towards you. We shall be under no obligation to take any steps to actively seek a third party to rent the vehicle allocated to you.

 

  1. DEPOSIT

 

9.1 Upon collection of the vehicle you will be required to leave a deposit of £250.00 on a credit or debit card to cover collision damage excess, theft, fines and penalties and fuel. We shall be entitled not to refund all or any part of the deposit should we incur any expense as a result of your actions or any other reasonable administrative costs.

 

9.2 For drivers 21-23 years of age there will be an additional charge of £10.00 per day.

 

9.3 For vehicles, as specified in the “vehicle information” section, in a premium vehicle group you may be required to pay a higher deposit.

 

  1. INSURANCE

 

10.1 You understand that all insurance cover is provided by us for a maximum of 28 days from collection. The insurance charge is in addition to the rental charge on the vehicle. Our vehicles are supplied with an excess of £650. Liability for claims in excess of the insurance cover purchased rests with you. The insurance we provide is comprehensive and any damage to our vehicle will be paid for out of the deposit paid at the time of the hire, although you may have to provide more funds up to £650 should the damage to the vehicle exceed the £250 deposit paid. All third party costs are covered but if you wish to reduce your liability for damage to our vehicle you can purchase additional collision damage waiver cover from us at £9 per day. This will reduce the excess to £250. Offer excludes under 25s.

 

10.2 You should not exceed the maximum number of passengers suggested for the vehicle. If you do, the insurance will be invalid and you will be responsible for any payments that would have been normally made by the insurer.

 

10.3 Where the vehicle is subject to theft or fire, you must contact the police and report the incident within 24 hours. You must then submit a copy of the police report, the rental agreement and the vehicle keys to us.

 

10.4 Theft protection does not apply beyond the rental date agreed with us therefore if you do not return the vehicle on time you will be responsible for any costs that we may incur against any theft.

 

10.5 If you invalidate the insurance policy for the vehicle, you will be responsible for indemnifying us for any loss that we may suffer.

 

  1. ADDITIONAL DRIVERS You can arrange for additional drivers to be permitted to drive the vehicle. An additional charge of £6.00 per day applies to all additional drivers. All additional drivers must be present at the time of hire.

 

  1. FUEL The vehicle will be provided with a full tank of petrol/diesel. You will be required to return the vehicle with a full tank of petrol/diesel or we will take the costs of refuelling from your deposit.

 

  1. FINES AND PENALTIES You will be responsible for any costs of parking fines or others penalties incurred whilst you rent the vehicle. We reserve the right to make reasonable charges for our time incurred and the administration costs involved in processing any fines and/or penalties. At present our administration charge for processing any fines and/or penalties is £50.

 

  1. COLLECTION AND RETURN OF THE VEHICLE

 

14.1 The vehicle will be held for 59 minutes after the agreed time of collection on your order confirmation sheet. If you are going to be later you must contact us. Should the vehicle not be collected within 59 minutes and we have not been notified of a later collection, your booking may be cancelled. In this event, no refunds can be given.

 

14.2 An out of hours collection service is not offered by us. Our opening times can be found on our website.

 

14.3 If you return the vehicle later than the time specified on the order confirmation sent by us, we reserve the right to charge you for the additional days that you have had possession of the vehicle. The charges incurred will be at the usual daily rental rate of that vehicle. This charge will be taken from your deposit.

 

14.4 The vehicle must be returned to us in the same condition as it was in when we provided you with the vehicle. Failure to do so will allow us to deduct payment from the deposit for restoring the vehicle to the original state and condition that it was in when it was provided to you.

 

  1. USE OF THE VEHICLE

 

15.1 You must not:- 15.1.1 use the vehicle for any illegal or immoral purpose; 15.1.2 drive the vehicle off road; or 15.1.3 deliberately damage or tamper with the vehicle, please note that this is not an exhaustive list.

 

15.2 If the vehicle is lost, damaged or stolen you should contact the hire depot from which the vehicle was hired immediately. In the event that the loss, damage or theft is not covered by the insurance cover provided, you will be liable for all loss and damage incurred by us.

 

  1. CROSSING BORDERS The vehicle is to be driven within the UK mainland only. Vehicles can only be taken outside of the UK mainland with our written permission. Please consult your local hire depot on 0844 826 2800 for more information on this.

 

  1. OUR GUARANTEE

 

17.1 We will supply the vehicle free from mechanical defects for the period of rental agreed in the order confirmation. This guarantee does not cover repairs, replacements, adjustments or other works that are necessary as a result of:- 17.1.1 wilful or accidental damage, misuse or neglect by you; or 17.1.2 unauthorised alterations or additions; or 17.1.3 any unforeseeable circumstances which are not due to our fault or negligence; or 17.1.4 any attempted repair which you have made without our approval; or 17.1.5 any failure to follow our instructions.

 

17.2 You are asked to examine the vehicle as soon as is reasonably possible after you collect the vehicle and notify us of any defect as soon as practicable after the defect is discovered.

 

17.3 Provided you tell us within a reasonable time after discovery of the defect we will at your option either:- 17.3.1 repair or replace the vehicle at our cost; or 17.3.2 refund to you the price of the rental (or a proportionate part of that price, if appropriate).

 

  1. LIMITS OF LIABILITY

 

18.1 Nothing in these terms seeks to limit or exclude our liability if something we do causes death or personal injury through our negligence or if we cause damage to your property and that cause is our fault.

 

18.2 Provided you are not purchasing the services for business purposes, we are also not seeking to exclude or limit our responsibility for loss caused by:- 18.2.1 the services not matching our description of them; 18.2.2 the vehicle not being of the quality you would expect of a vehicle of that specification or make; 18.2.3 the vehicle not being fit to drive; and 18.2.4 us not having the legal right to sell services to you.

 

18.3 Other than the liability we have accepted as described above, we will not be liable for any losses that you suffer as a result of any breach of the contract between us except those losses that are reasonably foreseeable by both of us at the time we enter into a contract with you. We do not accept responsibility for any losses related to any business of yours such as lost data, lost profits or other business loss that you may incur as a result of any breach of our agreement whether or not you enter into these terms in your capacity as a consumer or as an organisation or business.

 

18.4 Our total liability for losses arising out of your rental of any vehicle shall be limited to the total rental price paid by you under which the claim arises for any one event or a series of connected events.

 

18.5 We shall not be held responsible for you or any of your party driving under the influence of alcohol or drugs, causing wilful damage, off road driving or driving without due care and attention. If we do suffer damages as a result of your actions, you agree to indemnify us against all losses, costs, expenses or liability we may incur in respect of your or your party’s actions.

 

  1. YOUR RIGHT TO CANCEL You can cancel your order up to 24 hours before your pick up date and time. Credit and debit card fees are nonrefundable. If a booking is cancelled with less than 24 hours’ notice, you will not be entitled to a refund.

 

  1. STATUTORY RIGHTS As a consumer you have certain statutory rights regarding statements made in public by us or our representatives, the repair or return and replacement of any defective or misdescribed vehicle and the performance of services, as well as claims in respect of losses caused by our negligence or our failure to carry out our obligations. In certain circumstances you may require us to reduce the price you have paid for defective or misdescribed vehicle or cancel your contract with us. Nothing in these terms and conditions affects those statutory rights.

 

  1. ENQUIRIES You can contact us to enquire about the status of your order or with any other query about our services by calling our team on 01543 452630 between 9am and 5pm. Calls will be charged at your telecoms services provider’s normal rates.

 

  1. COMPLAINTS

 

22.1 Our website is operated and controlled from the United Kingdom and these terms and conditions and your use of this website are governed by and construed in accordance with the laws of the relevant part of the United Kingdom.

 

22.2 If you have a complaint you should contact us through any of the methods listed on the “Contact Us” page. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement the address for complaints is Fitch Autos Limited, Unit 6 Chase Road Industrial Estate, Brownhills, Walsall. WS8 6JD 23. DISTANCE SELLING These terms and conditions are intended to be consistent with the Consumer Protection (Distance Selling) Regulations 2000 as amended and nothing in them is intended to impose on you any duty or liability additional to those specified in those Regulations. If you would like a copy of these Regulations, they can be obtained from the Department of Business, Enterprise and Regulatory Reform.

 

  1. GENERAL You are not permitted to transfer your rights and obligations under these terms and conditions without our written authority. This authority will not be refused without good reason.