TERMS & CONDITIONS OF RENTAL AGREEMENT

IMPORTANT

​

Hirers are requested to read and accept these Terms and Conditions carefully before signing the agreement and before the hire can be

completed. If there is anything you do not understand or do not agree with, please speak to any member of our rental staff for

guidance.   

​

DEFINITIONS

1. All references to the terms, in the remainder of this document should be given the following definitions:

1.1. “Us”, “We” or “The Company” – should be read as direct references to SCUDS Ltd t/a Platinum VIP UK

1.2. “You”, “The Main Hirer”, “The Hirer” or “The Driver” – should be read as direct references to the main hirer as identified overleaf,

on the cover note and/or the insurance proposal and/or hire agreement.

1.2.1. If the statements and particulars in the proposal are in the handwriting of any person other than that of the Hirer or other

permitted driver, such a person shall be deemed to have the Hirer’s or other permitted driver’s authorisation for the purposes of these

Terms and Conditions.

1.3. “Our offices” – is reference to the trading office with the following address – as stated on the agreement

1.4. “Hire period” – is to be read as running from the date and time shown on the Insurance cover note up until the time the car is returned

to our possession and/or control.

  

IDENTIFICATION 

2. Your driving licence must be produced each and every time you hire a vehicle from us. In addition, you must produce two further means of

identification, which must include a utilities bill to you at your present address or an official letter to you at your present address. You will

also be required to leave a landline or mobile  telephone number where you can be contacted either during the day or evening.   

3. We reserve the right to dispense with these requirements without affecting any other term of these Terms and Conditions.

Note: Our rental staff reserves the right to refuse your rental if you do not produce your driving licence or for any other reason.   

 

DRIVING LICENCE 

4. All drivers must be in possession of a current, full valid driving licence.

5. UK Licence holders, with the new style driving licence MUST produce both the photo card and DVLA License check

6. Drivers with foreign driving licences must present their own national licence, plus an International Driving Permit (IDP) if a nonEU, EEA

resident. All other drivers may drive in the UK for up to one year from commencement of residency in accordance with the current DVLA

restrictions. Sight of their Passport is required for proof of entry.   

7. We reserve the right to terminate your hire agreement immediately if any details provided by you are false, inaccurate or incorrect. We may

still charge you for the full amount due under this contract.

8. We reserve the right to pursue damages that accrue as breach of any term of this contract, in spite of the provisions in Clause 7 as above.

  

FUEL

9. Our rental staff will note on the pre-rental check form and rental agreement, the reading of the fuel gauge. You are requested to return the

vehicle with the same amount of fuel as you commenced the rental.

10. A refuelling charge will be made if it is necessary to bring the level of fuel up to where it was when you took the vehicle. No refund will be

given for any fuel in excess of the original reading.   

    

PAYMENT 

11. The full cost of rental plus a security deposit must be paid before any vehicle is released for rental. Major credit/debit cards must make

payment only.   

  

YOUR RESPONSIBILITIES  

12. You must look after the vehicle and the keys to the vehicle.  

13. You must always lock the vehicle when you are not using it, and use any security device fitted to or supplied with the vehicle.  

14. You must always protect the vehicle against bad weather, which can cause damage.  

15. You must make sure that you use the correct fuel, as you are responsible for any resultant damage.  

16. You must not sell, rent or dispose of the vehicle or any of its parts.  

17. You must not give anyone any legal rights over the vehicle.  

18. You must not let anyone work on the vehicle without our permission in writing. If we do give you permission, we may only give you a refund if you have a receipt for the work done.  

19. You must let us know as soon as you become aware of a fault in the vehicle.  

20. You must return the vehicle to our offices at the agreed time. If no time is agreed, the time should be assumed as the time noted on the front

of the insurance cover note.

21. You must not cause damage to the vehicle through negligent; dangerous; reckless or inconsiderate driving.

​

DAMAGE AND REPAIR WORK

22. You will have to pay for reasonable costs of repair if:  

22.1. We have to pay extra costs to return the vehicle to its condition when the pre-rental inspection was carried out (for example, if extra

valeting time or special material or equipment is needed to restore the vehicle to its pre-rental condition).  

22.2. Or the vehicle has been damaged whilst in your care.  

23. Any damage caused to the vehicle during your hire period will be repaired by us unless otherwise authorised by the company, and recovered

from you subject to the provisions under the sub-heading – Indemnity (Clauses 30 – 31).

24. These works will be accepted as being charged at a reasonable price, unless you are able to provide us with an agreeable alternative. In the

event of a dispute we defer to the judgment of a court.

25. Where repair work is required for damage sustained during your hire period:

25.1. You will be charged the daily rate of hire per day up until completion of the works.

25.2. You will lose your damage deposit in its entirety or up to the amount to cover the cost for the repair works. Any amount left thereafter

will be returned to you in due course.

​

ROAD TRAFFIC INCIDENTS 

26. If you have an incident you must not admit responsibility.

27. You should get the names and addresses of everyone involved, including witnesses.

28. You should also:  

28.1. Make the vehicle secure;  

28.2. Tell the police straight away if anyone is injured or if there is a disagreement over who is responsible;

28.3. and Call our office straight away.  

29. You must then fill in our incident report form when you return the vehicle.

If this is not possible, verbal details can be taken from you but a copy of the information you have supplied must be verified and signed by

you.

In either case you must report the incident to us within 24 hours.  

  

INDEMNITY

30. The cost of repair for any damages caused to the vehicle during your hire period will be directly recoverable from you on an indemnity

basis.

31. Any payments due because of fixed penalty notices, congestion charging, or parking fines paid by the company or on behalf of the company

will be directly recoverable against you on an indemnity basis, subject to the following:

31.1. Only after a representation has been made to the issuing authority to transfer liability and such representations have been rejected.

32. Any charges incurred for collecting, returning, delivering, storage or otherwise in connection with the vehicle being seized, recovered or

compounded will be directly recoverable on an indemnity basis from you.

32.1. You will only be liable in so far as the vehicle was seized whilst in your possession, control or use during your hire period.

CONDITIONS FOR USING THE VEHICLE  

33. Only you or a named driver on the insurance application may drive the vehicle providing a full valid driving licence is held and a cover note

has been issued to you.  

34. You or your authorised named driver must not:  

34.1. Use the vehicle for hire or reward. Unless this extension has been applied to your certificate of insurance; 

34.2. Use the vehicle for any illegal purpose;  

34.3. Use the vehicle for racing, pace making, competitions, rallies, track days, trials or speed tests whether on the road, track, off road,

land prepared for such use or the Nurburgring Nordschleife and whether the event is organised or informally arranged;  

34.4. Use the vehicle whilst under the influence of alcohol and/or drugs;  

34.5. Drive the vehicle outside England, Scotland and Wales, unless we have given you written permission; 

34.6. Load the vehicle beyond the manufacturer's maximum weight recommendations and make sure that the load is secured safely;

34.7. And if the vehicle is a commercial vehicle, use it for a purpose for which you need an operator's licence if you do not have one.  

  

TOWING  

35. You or your authorised named driver must not use the vehicle for towing unless we have given you written permission.   

  

RETURNING RENTAL VEHICLES 

36. Before you bring back the vehicle you must check that you have not left any personal belongings in the vehicle.

37. Vehicles must always be returned back to us during opening hours. We will not accept responsibility for vehicles damaged or stolen from

outside our premises if dropped-off after hours.

38. If we have agreed that you may return the vehicle outside business hours, you will remain responsible for the vehicle and its condition until

it is re-inspected by a member of our staff. If you do not bring the vehicle back on time you are breaking the conditions of this agreement.

39. We can charge you for every day you have the vehicle after you should have returned it to us. Until we get the vehicle back we will

charge you the daily rate you have rented the vehicle at.  

OVERSEAS TRAVEL  

40. With prior approval, it may be possible that our vehicles may be taken abroad, although there are restrictions regarding taking them into

some countries. A surcharge will apply when taking a vehicle outside the U.K. and extra charges will be applied to provide a Green Card.   

  

OUR RESPONSIBILITIES  

41. We have maintained the vehicle to at least the manufacturer's recommended standard. We assure you that the vehicle is roadworthy and

suitable for renting at the start of the rental period. In addition, if you are not renting the vehicle for business purposes, we are responsible

for loss caused by:  

41.1. The vehicle not matching our description of it;  

41.2. The vehicle not being of the quality that you would be entitled to expect from a rental vehicle; 

41.3. The vehicle not being fit to drive;

41.4. Or not having the legal right to rent out the vehicle.  

42. We are responsible if someone is injured or dies because of our negligent act, or failure to act.

43. We are also responsible for losses you suffer because of us breaking this agreement.

44. Losses are foreseeable where you and we could contemplate them at the time the vehicle is rented.

45. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you

and us (such as loss of profits or loss of opportunity).  

 

CHARGES  

46. We work out charges using our current price list. You will pay the following charges:  

46.1. The rental and any other charges we work out according to the agreement;  

46.2. Any charge for loss or damage due to you not keeping to your responsibilities;  

3

46.3. A refueling service charge if you have used and not replaced, the quantity of fuel that we supplied at the start of the original rental.

The charge will be based on the rates printed on this rental agreement;  

46.4. Subject to the provisions of Clause 31 above, all fines and court costs for parking, traffic, or other offences (including any costs which

arise if the vehicle is clamped). You must pay the appropriate authority any fines and costs if and when the authority demands this

payment. If you do not, you will be responsible to pay our reasonable administration charges, which arise when we deal with

these matters on your behalf;  

46.5. A loss-of- income charge, when we demand it, if we cannot rent out the vehicle because it needs to be repaired or it is a write-off (can't

be repaired);  

46.6. Any published rates for delivering and collecting the vehicle;  

46.7. Interest which we will add every day to any amount you do not pay us on time, at the rate of 4% a year above the base lending rate of

Barclays Bank PLC;

46.8. And Value Added Tax and all other taxes on any of the charges listed above, as appropriate.  

47. You are responsible for all charges, even if you have asked someone else to be responsible for them.  

  

ENDING THE AGREEMENT  

48. If you are an individual, we will end this agreement straight away if we find out your belongings have been taken away from you to pay off

your debts, or a receiving order has been made against you. We may end this agreement if you do not meet the main requirements of this

agreement.

49. If you are a company, we will end this agreement straight away if:  

49.1. You go into liquidation;  

49.2. You call a meeting of creditors;  

49.3. We find out that your goods have been taken away from you until you pay off your debts;

49.4. or You do not meet any of the conditions of this agreement.  

50. If we end this agreement it will not affect our right to receive any money we are owed under the conditions of this agreement. We can also

claim reasonable costs from you if you do not meet the main requirements of this agreement. We can repossess the vehicle (and charge you

a reasonable amount) without using unreasonable force or causing damage.  

  

DATA PROTECTION 

51. You agree that we may use any information you have given us to carry out our own market research. If you break the agreement we can

give this information to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors and any other

relevant organisation.   

  

GOVERNING LAW 

52. The law of the country in which it is signed governs this agreement. Any dispute may be settled in the courts of that country.   

  

SEVERANCE  

53. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such

provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been

agreed with the invalid, illegal or unenforceable provision eliminated.   

  

Please note that cover is subject to the expiry date on the cover note. If the date and time is overlapped with the return of the vehicle, contact

must be made with the hire company to extend cover to ensure continuation of insurance cover. The Insurance cover is invalid if hire has been

paid for in cash.  

 

IMPORTANT NOTICE

Unless you have read and accepted these Terms and Conditions as above, we will not hire a vehicle out to you. By signing the declaration

on the page preceding these Terms and Conditions, and taking possession of the keys to the vehicle you will be deemed to have accepted

these Terms and Conditions.