Terms of Hire

v06.25.07.24

1. Hirer's Agreement with Owner
(a) These Rental Terms and Conditions and the Rental Agreement together constitute the “Rental Agreement”. The Rental Agreement is entered between Hirer and Owner. Any reference to Rental Agreement in these Rental Terms and Conditions includes reference to the digital tablet.
(b)  Any reference to Owner or Rental Agent means: CHH Group Ltd t/a Highland Vehicle Rental, 20 Braighe Rd, Stornoway, Isle of Lewis HS2 0BQ, Scotland. 
(c)  Any mention of Hirer refers to the individual or entity listed on the Rental Agreement or digital tablet. However, if the listed individual or entity is an employee or representative of the named Account, then the Account itself is considered the Hirer.
(d)  Owner and Hirer are the only parties to the Rental Agreement even though another entity or person may pay for all or some of the rental bill.
2. Rental Period
(a)  Hirer has the right to use the rental vehicle (“Vehicle”) until the return date indicated on the Rental Agreement ("Rental Period") unless a condition in section 9 is met.
(b) Owner may agree to extend the Rental Period orally or in writing ("Extended Rental Period") but the overall Rental Period may never be more than 30 days. The Extended Rental Period may be subject to higher charges and/or to additional security deposit which will be disclosed to Hirer prior to the extension of the Rental Period.
(c)  Subject to the following conditions, Hirer may choose to return the Vehicle before the end of the agreed Rental Period and thereby terminate this Rental Agreement early (and the Rental Period will be reduced accordingly):
(i) If Hirer has prepaid the Rental Costs (as defined in section 5) to qualify for a "special offer" rate, Hirer may not be entitled to any refund due to early voluntary termination; and
(ii) If Hirer has not prepaid the Rental Costs, early termination can have an impact on the daily rates and the other applicable charges if the originally agreed daily rates and applicable charges were conditioned upon the specifics of the original Rental Period. Owner recommends that Hirer verify with Owner what impact an early termination has on the Rental Costs before returning the Vehicle early.
3. Use of the Vehicle
(a) Eligibility: Hirer must have a driver's licence valid in the United Kingdom, that licence be valid for the vehicle category applicable to the Vehicle, and held for the minimum required time per Owner’s insurance applicable to the vehicle category.
(b) Drivers and Additional Drivers: Only the Hirer is permitted to drive the Vehicle unless Owner expressly permits additional drivers who meet the eligibility requirements for Hirers in section 3 (a) above ("Additional Drivers"). Drivers and Additional Drivers under the age of 25 may be subject to restrictions and an additional fee. Any Additional Drivers will be documented in the Rental Agreement. No other individual is authorised to drive the Vehicle.
(c) Prohibited Use of the Vehicle: The Vehicle must not be used:
(i) by anyone other than Hirer or an Additional Driver;
(ii) to smoke in. The use of e-cigarettes in Vehicle is also prohibited;
(iii) in a way to affect the good condition of the Vehicle, including by smoking;
(iv) for carriage of passengers for hire or reward;
(v) for deliberately causing personal injury or property damage or for any illegal purpose;
(vi) for racing, pacemaking, testing the Vehicle's reliability and speed, or teaching someone to drive;
(vii) while the driver is under the influence of alcohol, narcotics or drugs;
(viii) to go to countries or places outside the United Kingdom unless Owner gives Hirer written permission;
(ix) overloaded with more passengers than seatbelts, to transport children without the legally required car seats, or otherwise in breach of the legally prescribed safety precautions;
(x) to propel or tow any other vehicle or wheeled equipment, unless the Vehicle is fitted with a tow bar and Hirer has express permission from Owner;
(xi) on racetracks, beaches, and test courses;
(xii) to transport easily flammable, toxic, or otherwise dangerous substances other than minimum amounts for household use;
(xiii) in a careless or reckless manner;
(xiv) to drive through or over water or over any objects that Hirer knew or ought to have known rise above the ground clearance of the Vehicle;
(xv) to drive under a barrier lower than the overhead clearance of the Vehicle;
(xvi) in or on that part of any aerodrome, airfield, airport, or military installation designed for the take-off, landing, taxiing, or parking of aircraft and aerial devices, including any associated service roads, fuel supply areas, ground equipment parking areas, aprons, maintenance zones, and hangars;
(xvii) to transport goods with a weight heavier than that authorised for the Vehicle, or to transport goods deficiently distributed or badly secured, or to carry goods that you do not own for a fee without Owner's written permission; or
(xviii) in contravention of this Rental Agreement or the applicable laws, safety rules and requirements of the countries where the Vehicle is used.
(d) Hand over of Vehicle: The Owner shall hand over the Vehicle to Hirer in a good and roadworthy condition and equipped as required according to the safety regulations of the place of rental (e.g., first aid kit, spare wheel, and/or warning triangle, as required by applicable law). Hirer is required to check the Vehicle's condition immediately after handover. If Hirer notices any damage to the Vehicle or other discrepancies, Hirer shall immediately inform the Owner.
4. Hirer's Main Obligations
(a) Hirer is required to
(i) always lock the Vehicle and secure all of its parts when it is left unattended;
(ii) not let anyone work on the Vehicle without Owner's express written permission. If Owner grants such permission, Owner will only give Hirer a refund if Hirer has a receipt for the work performed;
(iii) check oil, AdBlue and water levels and tyre conditions and pressure at regular intervals during the Rental Period;
(iv) stop using the Vehicle as soon as possible and contact Owner as soon as Hirer becomes aware of any fault with or malfunction of the Vehicle. In particular, Hirer must take into account any warning lights that may appear on the dashboard of the Vehicle;
(v) bring the Vehicle back to the agreed return location specified in the Rental Agreement at the end of the Rental Period in the same condition as it was when it was handed over by Owner according to the condition description on the Rental Agreement except for any usual wear and tear. A member of Owner's staff will inspect the Vehicle to check the condition of the Vehicle. When returning the Vehicle to the return location during business hours, Hirer will remain responsible for the Vehicle and its condition until the inspection is completed or for 1.5 hours after its return, whichever is the shorter period. If Hirer is permitted to return the Vehicle to the return location outside of business hours, Hirer remains responsible for the Vehicle and its condition until it is inspected by a member of Owner's staff within 2 hours of the start of the next business day. If Hirer chooses not to leave the Vehicle at an Owner branded location, Hirer remains responsible for the Vehicle and its condition until it is inspected by a member of Owner's staff;
(vi) check that Hirer has not left any personal belongings in the Vehicle before Hirer returns the Vehicle;
(vii) pay any administrative fines, fees, charges, costs, penalties, or other fines that are imposed, issued or incurred in connection with the Hirer's usage of the Vehicle during the Rental Period (including usage of the Vehicle by Additional Drivers or other third parties who are permitted by Hirer to use the Vehicle), such as fines or fees for illegal parking or speeding, non-compliance with bus lane, congestion charges, tolls or violations of the rules of the highway or traffic offence or contravention in any country, in all cases, to the extent permitted by law and not caused by Owner;
(viii) where the vehicle requires fuel, to use nothing other than the appropriate fuel as indicated in the Vehicle; and
(ix) not to unseal or tamper with the kilometre or mileage indicator.
(b) In case of an accident or if the Vehicle is lost or stolen, Hirer is required to do the following:
(i) Hirer shall accurately report the accident, theft or loss to Owner as soon as possible by any means and confirm this promptly in writing (email is sufficient) to Owner no later than 1 business days in case of a theft and in all other cases 2 business days, from the moment Hirer becomes aware of the event;
(ii) Hirer shall report any theft or loss (or where appropriate, any accident) to the police as soon as reasonably possible and confirm this promptly in writing (email is sufficient) to Owner;
(iii) Hirer shall avoid admitting responsibility to anyone in relation to the accident unless required to do so by legal process;
(iv) Hirer shall request the names and addresses of everyone involved, including witnesses, and provide them to Owner;
(v) Hirer shall promptly forward to Owner any notices or other documents relating to any legal proceedings arising out of the accident, theft or loss;
(vi) Hirer shall cooperate with Owner and Owner's insurers including responding to requests for full and true information and provide assistance in any matters or legal proceedings including allowing proceedings to be brought by Owner in Hirer's name and defending any proceedings brought against Hirer; and
(vii) Hirer shall return the original keys or any other device which unlocks the Vehicle and/or enables the Vehicle to be started to Owner either directly to Owner’s staff or in Owner’s secured box at an Owner branded location.
5. Rental Costs and other Charges; Additional Services
(a) Hirer shall pay the daily rates as well as any other charges applicable to the rental of a Vehicle as stated in the Rental Agreement or, if not stated on the Rental Agreement, the publicly available rates at the time of rental ("Rental Costs"). On return, a grace period of 180 minutes will be allowed if the 24-hour period is exceeded.
(b) Rental Costs also include charges for mileage exceeding the included mileage, charges for additional services or protection products, such as Protection Package, as applicable to the specific rental of a Vehicle and as stated on the Rental Agreement.
(c) Owner may require a security deposit at the commencement of the Rental Period which can be used as security for any future claims which Owner has against Hirer in connection with the Rental Agreement. Owner will collect this and any other amounts due under this Rental Agreement from any credit card or debit card presented before or during the rental, which will be retained for this purpose unless otherwise agreed between the Parties. Owner will not pay any interest on the security deposit and Owner is under no obligation to hold the security deposit in any account separate from its own assets. Subject to the conditions set out in section 7 and 9, Owner will refund the security deposit. Any additional monies will be refunded within a period of 75 days from the date of the return of the Vehicle, or, if the Vehicle is lost or stolen, within a period of 75 days from the agreed end of the Rental Period , to the extent that this amount has not been needed to satisfy Owner's claims under this Rental Agreement.
(d) Hirer shall pay to Owner on demand:
(i) any additional charges as notified to the Hirer;
(ii) any amounts not paid by Hirer in accordance with section 4(a)(vii);
(iii) if the Vehicle is: (1) returned to an Owner branded location other than the one indicated in the Rental Agreement, the publicly available one-way fee at the time of return; or (2) if the Vehicle is returned to a non-Owner branded location not indicated on the Rental Agreement, Owner’s actual costs of recovery incurred by Owner and Owner's resulting loss of revenue at the daily rate indicated on the Rental Agreement; unless otherwise agreed between Hirer and Owner;
(iv) a valeting fee if Hirer fails to return the Vehicle in good condition due to unusual wear and tear, including but not limited to smoking in the Vehicle or coarse soiling, to compensate Owner for their actual costs of valeting;
(v) where the vehicle requires fuel, a re-fuelling service fee if Hirer did not select to purchase an optional fuel product at the start of the Rental Period and returned the Vehicle to Owner with less fuel than was provided at the start of the Rental Period (such level as indicated on the Rental Agreement) calculated as the difference between the fuel level recorded on the Rental Agreement and that recorded upon the return of the Vehicle multiplied by the fuel price displayed on the Rental Agreement plus an additional charge as indicated on the Rental Agreement. No unused or excess fuel will be refunded; and
(vi) where the vehicle is an electric vehicle and is returned with less charge than was provided at the start of the Rental Period (such level as indicated on the Rental Agreement), a re-charging fee calculated as the kWhs needed to charge the vehicle to make up the difference between the charge level recorded on the Rental Agreement and that recorded upon the return of the Vehicle multiplied by the kWh price displayed on the Rental Agreement plus an additional charge as indicated on the Rental Agreement. No unused or excess charge will be refunded.
(e) An acceptable payment method is credit card.
(f) The Owner reserves the right to charge the Hirer in increments at the Owner’s sole discretion to recover any outstanding charges, including but not limited to excess fees, damage costs, or other amounts due under the Rental Agreement. Such charges may be applied at any point in time until the full amount owed is recovered.
(g) For other rental charges see Rental Agreement.
6. Cancellations/Amendments
(a) Once your booking is confirmed you have then entered a legally binding contract.
(b) For bookings made through our branch (booking reference begins with a ‘#’ symbol), if you cancel your booking greater than 48 hours before your specified collection time, we will refund the full amount of the booking. For bookings made online (booking reference begins with a ‘$’ symbol), we will only be able to offer a refund in the event you cancel your booking greater than 48 hours before your specified collection time and you bought for the free cancellation option during checkout.
(c) If you arrive to collect the vehicle late or if you end the hire earlier than booked, we cannot offer a refund on the allocated time.
(d) If you amend your booking greater than 48 hours before your specified collection time, we can change the booking free of charge, however we will be unable to offer a refund where the duration is shortened, and the applicable rates will apply where the booking is moved into a different tariff band.
7. Data Protection Notice
(a) By entering into this rental agreement you agree that we can process and store your personal information in connection with this agreement including data collected from the vehicle. We may use your information to analyse statistics, for market research, credit control and to protect our assets.
We may need to share your information with selected 3rd parties, including but not limited to:
Our breakdown provider if the vehicle suffers a breakdown;
Our damage assessment and collection provider if the damage assessment needs to be investigated further;
Our insurer if they request it or if you are involved in an accident;
The DVLA if you take the vehicle abroad and they request the details of the VE103B which was issued to you for audit purposes;
Any legal or compliance purposes.
You agree that if you break the terms of this agreement we can pass your personal information to credit-reference agencies, debt collectors, the police or any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), which can share your personal information with its members to prevent crime and protect their assets, as allowed under any applicable data protection legislation.
(b) By entering into this rental agreement and providing your contact details, you consent to receive marketing communications from us. These communications may include information about our services, promotions, and special offers. You can withdraw your consent at any time by following the unsubscribe instructions provided in our communications or by contacting us directly.
8.  Protection Products
(a) Protection Package (PP): Our Protection Package cover limits your financial exposure for damage caused to the Vehicle whilst it is in your care. If you purchase our PP product and comply with the applicable laws and these Terms & Conditions, then the first event in which damage is incurred, we will pay for any damage to the Vehicle that exceeds the Excess amount (as stated within your Rental Agreement Document), but not the Damage Administration charge which you will remain liable to pay as well as your Excess amount. However, Hirer will instead have to pay the applicable basic excess amount indicated on the Rental Agreement every subsequent time the Vehicle is damaged or stolen or lost. If an excess is stated as being lower than the Basic Excess and no PP has been purchased to reduce the Basic Excess (or a previously purchased PP is no longer applicable), then the full Basic Excess will apply. If no excesses are indicated on the Rental Agreement and PP has been purchased, Hirer is responsible for the excess up to the PP level (Glass-Only/Silver/Gold) they purchased every time the Vehicle is damaged or stolen or lost. Hirer's responsibility can be reduced with the acceptance of a higher level of PP. Hirer agrees that PP does not exempt Hirer from liability for theft/loss if not supported by a police crime reference, or damage caused by: the use of incorrect fuel; any breach of sections 3, 4 and 5 of this Rental Agreement or if Hirer failed to take all reasonable measures to look after and secure the Vehicle or the keys or any other device which unlocks the Vehicle and/or enables the Vehicle to be started. In addition to the basic excess, a Damage Administration Fee will apply. We are unable to offer the Protection Package to anybody under the age of 25 or as part of a special offer.
(b) Basic Excess: If Hirer does not select a Protection Package, by default Hirer is selecting to pay the Basic Excess. In the event of damage or loss and theft, Hirer must keep the Vehicle insured against damage to, loss or theft of the Vehicle up to the fair market value of the Vehicle. Hirer must comply with the terms of Hirer's insurance policy. If the Vehicle is damaged, lost or stolen and only the Basic Excess is selected or does not apply, Hirer must allow Owner to make a claim under any policy in Hirer's name. Hirer agrees that the basic excess is not a cap for damage or theft/loss costs Owner is entitled to recover from Hirer where Hirer is deemed to have breached these Terms & Conditions. Hirer is not exempt from liability for theft/loss if not supported by a police crime reference, or damage caused by: the use of incorrect fuel; any breach of sections 3, 4 and 5 of this Rental Agreement or if Hirer failed to take all reasonable measures to look after and secure the Vehicle or the keys or any other device which unlocks the Vehicle and/or enables the Vehicle to be started. If the insurance Hirer does not pay Owner in full for any charges, Hirer is still responsible for paying Owner all outstanding charges on demand. If Hirer has paid Owner everything required under the Rental Agreement and Owner later recovers all of Owner's losses from a third party, Owner will refund Hirer any surplus. In addition to the basic excess, a Damage Administration Fee will apply.
(c) Third Party Liability: Unlimited third party liability (including passengers in hired vehicle) applies regardless of any insurance product selected.
(d) Non-Compliance: In the event of non-compliance with any terms and conditions outlined, any insurance products purchased by Hirer will be rendered void. Consequently, Hirer will bear unlimited liability for any damages or losses incurred during the rental period. At a minimum, Hirer will be liable to pay at least the basic excess specified in the rental agreement in addition to the Damage Administration Fee. This clause applies to all breaches, including but not limited to unauthorised drivers, geographical restrictions, and prohibited uses of the vehicle.
9.Termination of Rental Agreement
(a) The Rental Agreement terminates with the lapse of the Rental Period or the Extended Rental Period, as applicable, or as otherwise stipulated in this section 8.
(b) Hirer may return the Vehicle and terminate the Rental Agreement early at any time during the Rental Period for any reason by returning the Vehicle and in accordance with the terms of section 2.
(c) Either party may terminate the Rental Agreement with immediate effect if the other party commits a material breach of the Rental Agreement or if security risks for Hirer, Additional Drivers or other third parties require an immediate return of the Vehicle. A breach of Hirer's obligations in section 3, 4, and 5 is a material breach.
(d) Upon termination of the Rental Agreement, if Hirer fails to return the Vehicle to the agreed return location, Owner may repossess the Vehicle, and Hirer is liable for any costs incurred in repossessing it in accordance with section 5(d).
(e) Termination of the Agreement does not affect any rights or remedies provided by law which exist at the date of termination. Any parts of the Agreement which by implication continue after such termination are not affected.
(f) Owner may notify the police if Hirer operates the Vehicle after the end of Rental Period or Extended Rental Period, as applicable.
10.  Liability
(a) Owner has the sole right and responsibility to repair the Vehicle, and the decision as to whether to repair the Vehicle, and the timing of such repair (and whether multiple incidents of damage caused by different Hirers will be repaired at the same time), is at Owner's sole discretion.
(b) Hirer shall pay to Owner on demand in accordance with applicable law Owner’s costs reasonably incurred when collecting payments due from Hirer, including legal fees and court costs (if the court issues a judgement in Owner’s favour).
(c) Hirer's liability for damage to, loss or theft of, the Vehicle may be reduced by the purchase of a PP or other protection products (as available) (see section 7).
(d) In the event of damage to or loss or theft of the Vehicle or a part or accessory thereof from the time of the commencement of the Rental Period up until the time of the Vehicle inspection unless caused through Owner's own fault, Hirer may be liable for the following costs, charges and other damages (provided this does not result in Owner being compensated twice for the same loss):
(i) The charges invoiced to Owner by the repair facility for the specific repair of the Vehicle, or replacement of the part or accessory;
(ii) a bona fide estimate of the cost to Owner of the repair of the Vehicle, or replacement of the parts or accessories (as applicable) calculated by reference to Owner's standard list of repairs or by an estimate provided by a repair shop;
(iii) to the extent that any repair does not fully restore the value of the Vehicle, a reasonable sum for the diminishment of value as determined by an independent motor engineer;
(iv) In the event that the total estimated repair cost is greater than the value of the Vehicle minus the salvage value, an estimate of the retail value of the Vehicle immediately prior to the damage, as independently verified, less the salvage value;
(v) owner's resulting loss of revenue at the daily rate indicated on the Rental Agreement based on Owner's loss of income of the Vehicle, not to exceed 30 days, provided this does not result in Owner being compensated twice for the same loss;
(vi) in case of theft or loss of the Vehicle, an estimate of the pre-theft or pre-loss retail value of the Vehicle, as independently verified; and
(vii) any towing, storage and impound fees reasonably incurred by Owner as a result of the damage to, loss or theft of the Vehicle during the Rental Period.
Hirer can dispute any of the above costs, charges or other damages by contacting damage@chh-group.com.
(e) Hirer is responsible to Owner for foreseeable loss and damage caused by Hirer. If Hirer fails to comply with these terms, Hirer is responsible for loss or damage Owner suffers that is a foreseeable result of Hirer’s breaking this contract or Hirer’s failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Owner and Hirer knew it might happen, for example, if agreed in writing between the Hirer and Owner.
Hirer does not exclude or limit in any way Hirer's liability to Owner where it would be unlawful to do so. This includes liability for death or personal injury caused by Hirer’s negligence. Owner is not liable for business losses. If Hirer uses the services for any commercial, business or re-sale purpose Owner will have no liability to Hirer for any loss of profit, loss of business, business interruption, or loss of business opportunity. Hirer is responsible for all charges, even if Hirer has asked someone else to be responsible for them. Hirer agrees that Owner, having notified Hirer, will compute and debit the final charges from Hirer's credit and/or debit card (which was presented at the time of rental) if that is the form of deposit or security being used, as shown on the Rental Agreement. All charges are subject to final audit. Where the rental of the Vehicle is consequent upon Hirer’s own vehicle having been involved in an accident, and the replacement Vehicle has been provided to Hirer on a credit basis, payment of the charges due under the Agreement are deferred for a period not exceeding 11 months from the date of the Rental Agreement. At the end of the deferment period the amount due becomes payable in one single payment. No interest or other charges is payable during, or in respect of, the deferment or credit period. The credit amount is for a fixed sum which is the daily charge / charges multiplied by the number of days of the Rental Period.
(f) Hirer is liable to Owner for Owner’s damages relating to third party claims arising out of or in connection with the rental of the Vehicle during the Rental Period if (i) the Hirer is (or through the acts of the Additional Driver is) in breach of the terms of this Rental Agreement and (ii) to the extent Hirer, or Additional Driver was at fault.
(g) If any personal belongings are found in the Vehicle after its return, Owner shall notify Hirer and ask Hirer to pick them up. After 1 month, items will be disposed of.
11. Vouchers & Special Offers
(a) Vouchers are valid for 12 months from the date of issue, unless otherwise specified in writing.
(b) Vouchers can only be redeemed for vehicle rentals offered by the Owner.
(c) Vouchers are non-transferable and can only be used by the individual to whom it was issued, or the individual who validly received the voucher if it was part of a donation or prize.
(d) Vouchers cannot be exchanged for cash or refunded.
(e) Advance booking is required for the claim of a voucher, and the voucher must be presented at the time of rental.
(f) Vehicle availability is subject to change and cannot be guaranteed for specific dates.
(g) If the voucher is used for a rental that is less than the value of the voucher, no change or credit will be given.
(h) Lost, stolen, or damaged vouchers will not be replaced.
(i) Any remaining balance on the voucher after the expiry date will be forfeited.
(j) Vouchers cannot be used in conjunction with any other offer or discount.
12. Governing Law / Alternative Dispute Resolution
(a) The Rental Agreement is governed by the laws of Scotland.
(b) Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without the Hirer having to go to court. Hirer can submit a complaint to the BVRLA via their website at http://www.bvrla.co.uk/advice/guidance/using-bvrlas-conciliation- service. The BVRLA will not charge Hirer for making a complaint and if Hirer is not satisfied with the outcome Hirer can still bring legal proceedings.
13. Miscellaneous
(a) If at any time any part of the Rental Agreement is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same is deemed omitted from the Rental Agreement and the validity and/or enforceability of the remaining provisions of the Rental Agreement is not in any way affected or impaired as a result of that omission.
(b) A full copy of Owner's complaints procedure is available to Hirer upon request from any of Owner's rental branches and from Owner's registered office provided in section 1.
(c) Owner shall send any written notices provided under this Rental Agreement to the address or email Hirer provided on the Rental Agreement. Hirer shall send any written notices provided under this Rental Agreement to the address or email specified in section 1.
14. Jurisdiction
The Hirer may bring legal proceedings in the Scottish courts.