Guy Salmon Corporate Terms
and Conditions of Trading
In these Terms and Conditions (a) "Guy
Salmon" means Guy Salmon Prestige Rental which is a trading name of Vanguard
Rental (UK) Limited. (b) "The Customer" means the person, firm or organisation
by or on behalf of whom vehicles are rented under these terms and conditions of
trading (c) "Vehicle" means any vehicle or vehicles which are or may be from
time to time rented from Guy Salmon by the Customer (d) "DW' means Damage Waiver
(e) "TPI" means Third Party Insurance relating to Third Party Motor Liability
(f) "Guy Salmon Insurance" means the insurance provided by Guy Salmon (g) "TPI
Insurer" means the insurance company insuring Guy Salmon third party risks (h)
"Working Hours" means the standard working hours as specified by Guy Salmon from
time to time and which are available on request (i) "Working Day" means a normal
Guy Salmon working day as specified by Guy Salmon from time to time and details
of which are available on request. It is the responsibility of the Customer or
their servant or agent when renting a Vehicle from Guy Salmon to specify whether
the rental is for business or private use, which shall then be clearly recorded
on the rental agreement. Upon the Customer or their servant or agent taking
possession of the Vehicle they are deemed to have accepted the type of use
stipulated in the agreement. Where the Customer or their servant or agent
stipulates that the rental is on Customer's business, the provisions stated in
Clause 3 below shall apply regardless of any dispute as to whether such rental
was in relation to the Customer's business or authorised by them. Where the
rental is specified for private use of the Customer or their servant or agent,
and provided they meet driver qualification requirements, the use of Guy Salmon
Insurance and payment of DW is mandatory.
1 Payment Terms Invoices
are sent directly from Guy Salmon's central accounts office in Leicester.
Payment is due by the 25th day of the month following the date of invoice.
Interest will be charged on a daily basis on accounts not settled by this time
at a rate of 5% above National Westminster Bank plc base rate for the time being
in force. Charges on all rentals are made subject to audit corrections at final
invoice stage.
Invoice queries should be raised within 14 days from date
of invoice. Failure to raise a query within this timescale will result in
acceptance of all invoice charges by the customer.
Credit facilities may
be available subject to status, terms and conditions.
2 Group to be
Charged The Customer must specify which Guy Salmon group of Vehicle is to be
reserved and, availability will be confirmed at the time of reservation. Guy
Salmon will endeavour to deliver the Vehicle at the time required by the
Customer, but can only provide a delivery time once the reservation has been
confirmed.
3 Customer's Own Insurance (a) If the Customer has opted
to arrange their own insurance on the Vehicle, the cover must be comprehensive.
Any excess on the policy is the responsibility of the Customer. The Customer is
responsible for ensuring the Vehicle is properly insured from the time of
delivery until 12.00 hours on the first working day following termination of the
rental and indemnifies Guy Salmon against any loss incurred or damage to the
Vehicle in the event that such cover fails to be effective. If the Customer
becomes aware of any changes in their insurance cover during the period of
rental Guy Salmon's Insurance Department (James House, 55 Welford Road,
Leicester LE2 7AR) must be notified immediately in writing. In the event of
accident/loss or damage to the Vehicle Guy Salmon will undertake repairs or
select a repairer if applicable and will invoice the Customer for such repairs
and any associated costs. Such invoice will be subject to payment on demand. Guy
Salmon may at its discretion accept payment direct from the Customer's own
insurers. This will in no way diminish the Customer's obligation to pay any
invoice issued for repair work. Guy Salmon reserves the right to inspect the
Customer's driving licence or that of his servant or agent and the Customer
undertakes to ensure that any driver using the Vehicle holds a full (not
provisional) licence. Guy Salmon will accept no responsibility for loss and/or
damage caused whilst the Vehicle is rented to an uninsured Customer, and the
Customer indemnifies Guy Salmon for any loss, damage or liability incurred as a
result of such lack of insurance. (b) If the rental agreement remains unsigned
the omission of the Customer's signature cannot be used as a basis to dispute
whether a rental was for business or private purposes. (c) If the rental
agreement remains unsigned the omission of the Customer's signature confirming
the condition of the Vehicle at the commencement of the rental cannot be used to
dispute new damage, which is detected at the termination of the rental. It is
imperative that the Customer informs the Guy Salmon branch before driving the
Vehicle if there is any existing damage to the Vehicle, which is not already
recorded as "damage out" on the rental agreement. If the Customer fails to
notify Guy Salmon of such damage they will automatically be liable for it and
will be charged with any repair costs. Details of the telephone number for such
notification is stipulated on the key envelope provided to the customer. (d)
Customers covering Vehicles with their own insurance, and wishing to take
advantage of Guy Salmon's collection service, agree to accept theft and damage
liability on the Vehicle, to allow Guy Salmon to effect collection, for the
whole of the same Working Day for Vehicles whose rental period has terminated
during the morning and up to 12.00 hours on the next Working Day for Vehicle
whose rental period has terminated during an afternoon or at weekends. (e) The
Customer will use its best endeavours to supply full details on demand of any
Third Party or any Third Party Vehicle involved in any accident with the
Vehicle.
These rates assume Customers will provide fully comprehensive
insurance. Should insurance be required please see section 4 Guy Salmon
Insurance.
4 Guy Salmon Insurance DW and TPI is available from Guy
Salmon subject to their terms of issue. Guy Salmon will always require a current
valid full driving licence held for at least 12 months prior to rental, and
reserves the right to inspect such licence. Driver abuse of the Vehicle is
excluded from these insurances. Vehicles for which DW and/or TPI is taken out
are rented to the Customer on condition that the Customer complies with the
respective terms and conditions. Neither Guy Salmon nor it's Insurers will
accept any liability for loss or damage caused whilst the Vehicle is rented to a
Customer who does not comply with these conditions and the Customer agrees to
indemnify Guy Salmon for any liability so incurred. The Customer will supply any
information concerning the driver(s) of the Vehicle to Guy Salmon upon demand
and undertakes to allow Guy Salmon direct access to the driver(s) of the Vehicle
and will fully co-operate in obtaining such access. Details of DW excess are
available on request.
Corporate customers wishing to utilise the
insurance cover provided by Guy Salmon are subject to the minimum age
requirements set out in the Schedule at the date of the commencement of the
rental:
In all cases where Customers Own Insurance has not been
requested, DW and TPI are mandatory. For the avoidance of doubt Damage Excess
applies not only to damage to but also theft of the Vehicle. The Customer will
use it's best endeavours to supply full details on demand of any Third Party or
Third Party Vehicle involved in any accident with the Vehicle. Insurance charges
are set out in the attached Schedule.
The benefits listed below are
included in Damage Waiver. In all instances the Customer remains liable for the
Damage Waiver Excess as set out in the Schedule. Guy Salmon Insurance is subject
to Terms and Conditions of issue available on request.
Personal and
accident cover payable for accident injury Baggage and personal
effects Legal expenses 24hr helpline Emergency travel
5
Reasonable Care The Customer acknowledges that notwithstanding the provisions
of (3) and (4) above it has a duty to ensure that all reasonable care is taken
of the Vehicle against damage or loss throughout the rental period. This
includes but is not restricted to responsibility for any loss or damage to the
Vehicle or its accessories as a result of theft occurring when the Customer or
its servant or agent has left the keys in or with the Vehicle and the Customer
hereby indemnifies Guy Salmon against such loss or damage.
6 Loss of
Use Loss of use will be charged in instances where, as a result of damage
being sustained to the Vehicle it is required to be taken out of Guy Salmon's
operative fleet and repaired at a Guy Salmon approved bodyshop. The charge will
apply for each day that the Vehicle is off the fleet undergoing repair and in
instances of total loss, the period will be limited to 14 days.
Where
loss of use can be recovered from a negligent third party, the customer will not
be charged provided that full details of the accident are supplied to Guy Salmon
together with the name and address of the negligent third party involved. If,
for whatever reason, Guy Salmon is unable to recover the loss of use from the
third party, the charge will apply to the Customer.
Loss of use is
treated as compensation and will not be subject to VAT. The daily charge will be
no more than the prevailing daily rate at the commencement of the hire.
7
Cancellation If a Customer cancels a reservation for delivery of a Vehicle
less than 2 hours before the rental is due to commence the Customer will be
charged with the abortive delivery charge set out in the Schedule.
8
Collections If, having agreed a specific address and time for collection when
the rental period has terminated, the Vehicle is not available the Customer will
be charged with the amount shown in the attached schedule, plus the associated
collection charge to compensate Guy Salmon for the abortive collection and the
loss of use of the Vehicle.
9 Late Returns Vehicles are rented at a
daily rate according to the agreed charge, one day being defined as any period
of 24 hours from the time of commencement of the rental agreement. A grace
period of 59 minutes is allowed for after time due back. After this a further
day's charge will be made for every day or part thereof which the Vehicle is
retained beyond the original return date.
10 Extension of Rental
Period In the event that the Customer requires the Vehicle for longer than
the agreed rental period the Customer must notify Guy Salmon at least 24 hours
prior to the termination of the agreed rental period, and, subject to the
agreement of Guy Salmon in its absolute discretion, the rental period will be
extended in accordance with the Customer's requirement. In the event that the
Customer fails to notify Guy Salmon of such requirement their authority to
retain the Vehicle may, at Guy Salmons discretion, terminate and, in that event,
the Customer will become liable for any loss or damage incurred by Guy Salmon as
a result. Guy Salmon reserves the right, in the event of such failure of
notification, to use such means as it may choose to recover the Vehicle. (b) If
the rental is extended beyond 28 days the Customer must notify Guy Salmon of the
mileage of the Vehicle. Guy Salmon reserves the right to substitute a suitable
replacement vehicle. This will be pre-arranged by the rental branch with the
Customer. (c) In the event that the Vehicle reaches the mileage at which a
routine service is due the Customer undertakes to notify Guy Salmon and make the
Vehicle available to Guy Salmon for such servicing to be carried out or for the
Vehicle to be replaced at Guy Salmon's discretion.
All rates are in
pounds sterling, exclusive of insurance and VAT. Daily rates apply to a 24-hour
period.
Guy Salmon reserves the right to substitute a new vehicle of the
same Group for any rental where the rental period is in excess of 28 days. This
will be pre-arranged by the rental branch with the Customer.
11 Condition
of Vehicle on Return Guy Salmon requires the Vehicle to be returned in the
same condition as when rented to the Customer. If special cleaning is required
for whatever reason Guy Salmon will make a separate charge to cover the cost of
any cleaning and/or repair work required.
12 Mileage (a) The Customer
acknowledges that the relevant mileage is the mileage recorded from the time the
Vehicle leaves the Guy Salmon branch until it's return to a Guy Salmon branch.
(b) If the Vehicle is rented by the Customer for a continuous period of not
exceeding 28 days it is Guy Salmon's policy to allow unlimited mileage within
the agreed rental charge. This is on the basis that throughout the rental period
the Vehicle will be driven the average mileage per day as set out in the
Schedule or such other mileage as may from time to time be agreed with the
Customer. If, in the opinion of Guy Salmon, this allowance has been
significantly exceeded Guy Salmon may, at its discretion, charge the Customer
for such excess mileage. (c) If the Vehicle is rented by the Customer for a
continuous period in excess of 28 days a free mileage allowance agreed with the
Customer will apply. Any mileage in excess of that agreed allowance will result
in an excess mileage charge as set out in the Schedule.
13 Fuel The
Vehicle is supplied with a full tank of fuel. If the Vehicle is delivered to the
Customer, the Customer is liable for the cost of the fuel from the time it
leaves the Guy Salmon branch until such time as it is returned to a Guy Salmon
branch. The Vehicle will be refuelled before arrival at the delivery address to
replace the fuel used in delivery and refuelled upon return to a Guy Salmon
branch, the Customer accepts responsibility for the cost of such refuelling at
the prevailing Guy Salmon rate per litre as set out in the schedule.
Any
changes in government duty or taxation will result in the fuel price being
amended with immediate effect.
Where fuel is the responsibility of the
driver a Fuel Deposit as set out in the Schedule will be taken by credit card at
the commencement of each rental. At termination of the rental the fuel deposit
will be refunded provided that the Vehicle is returned with a full tank of fuel.
If the Vehicle does require refuelling at termination, the balance of the
deposit (after a deduction for the refuelling cost) will be refunded to the
Customer.
14 Parking Charges and Fines (a) The Customer is liable for
all penalties incurred during the Rental Period, including but not restricted
to, parking tickets, clamping fines, compound charges, bus lane fines, speeding
fines and congestion charges incurred and in addition when the Company has to
provide the Customer's details to the authority levying such penalty, or it
remains unpaid a charge shall be made to the Customer of no more than the actual
cost of the penalty to cover the Company's administration costs. This shall be
in addition to the amount of the penalty which shall also be payable by the
Customer (b) At the termination of the rental it is the Customer's
responsibility to ensure that the Vehicle is parked in a suitable place to allow
collection at any time up to a period of 6 working hours from termination
without the imposition of any parking or clamping fines or towing or compound
charges. If this provision is not complied with then the Customer shall be
responsible for such penalties. If these remain unpaid they shall be charged to
the Customer, together with an administration charge of no more than an amount
equivalent to the actual cost of the penalty incurred. (c) The Customer is
responsible for the payment of any civil penalty and restoration charges and
loss of income whilst the Company cannot rent out the Vehicle, if the Vehicle is
seized by Customs and Excise or the Immigration authorities.
15
Additional Charges The Customer acknowledges that the rental charges agreed
relate to the service specified. Guy Salmon reserves the right to charge for any
service required in addition to that agreed.
16 Change of Rates (a)
The Customer acknowledges that in agreeing the scale of charges to be used for
vehicle rental services Guy Salmon has relied upon information supplied by the
Customer from time to time. In the event that the actual rental profile or
volume varies significantly from that indicated Guy Salmon reserves the right to
amend the scale of charges to reflect such variations. (b) The Customer
acknowledges that in agreeing the scale of charges used for vehicle rental
services Guy Salmon has relied upon information available at that time in
establishing vehicle costs specifically in relation to government taxes and
levies. In the event that these government taxes and levies vary after the scale
of charges has been agreed Guy Salmon reserves the right to immediately amend
the scale of charges to reflect such variation in respect of future rentals. (c)
If no specific scale of charges has been agreed with the Customer standard
tariffs shall apply and these are subject to change without notice. Guy Salmon
will however endeavour to notify such changes prior to such change taking
effect.
17 Breakdown Guy Salmon will provide roadside assistance 24
hours a day in the case of breakdown in mainland United Kingdom. Accident calls
are excluded from this cover. In the event that the Vehicle remains immobile
after call out, Guy Salmon will, at it's discretion, either replace the Vehicle
or make alternative arrangements for the driver/passenger(s). Guy Salmon accepts
no responsibility for delays and/or any loss including consequential loss
arising from breakdown or from any other circumstances.
24 hour roadside
assistance is included in the rates for all rentals
18 Use of Vehicle
Outside Mainland UK Guy Salmon must be informed in advance if the Customer
wishes to use the Vehicle outside mainland United Kingdom. Guy Salmon will
impose a surcharge upon such rentals as set out in the Schedule. Appropriate
insurance cover and RAC breakdown cover (or equivalent) is mandatory. Guy Salmon
can arrange the RAC Breakdown cover and this will be charged on the Customer's
invoice. In the case of a Customer using Guy Salmon insurance, insurance
appropriate to the Customer's requirements will be arranged by Guy Salmon. If it
is not possible to arrange appropriate insurance cover in the country of
destination then Guy Salmon reserves the right to refuse permission for the
Vehicle to be used in that country.
In the case of Customers using their
company's own insurance the appropriate insurance must be arranged by the
relevant insurer. The Customer shall comply with any insurance in force with
respect to the Vehicle, passengers, contents, rental and third parties. If any
additional documentation is to be supplied by Guy Salmon to comply with any
regulations or code of practice Guy Salmon reserves the right to make an
additional charge. It is the responsibility of the Customer to ensure that the
Vehicle complies with all local legislation.
Vehicles may not be taken
out of the UK without prior written authorisation. All rentals, which require to
be taken overseas will incur a surcharge on net rental as set out in the
Schedule. Additional RAC cover will be required.
19 International
Rentals These are subject to the terms and conditions of rental in the
country of hire.
20 Equipment (a) Any computer hardware, software or
other equipment supplied to the Customer by Guy Salmon in the performance of its
vehicle rental services shall at all times remain the property of Guy Salmon and
may be altered or removed by Guy Salmon at any time. If any alterations are made
to such equipment or the equipment is moved and this is at the Customer's
request then Guy Salmon reserves the right to charge for such alteration or
movement. (b) Any computer hardware supplied to the Customer is supplied solely
for the purpose of running software provided by Guy Salmon. Guy Salmon accepts
no responsibility for any failure of its systems if any unauthorised use has
been made of the supplied equipment. The Customer shall be liable for any damage
to the hardware or software supplied by Guy Salmon as a result of any
unauthorised use and indemnifies Guy Salmon against any direct or indirect loss
so incurred. (c) The Customer undertakes, if so required by Guy Salmon, to enter
into a contract with Guy Salmon containing more detailed provisions concerning
the use of any equipment.
21 Customer's Own Property The Customer
acknowledges that property placed within the Vehicle is there at their own risk
and that Guy Salmon has no responsibility for such property.
22
Organisational Details To obtain credit facilities from Guy Salmon, Limited
Companies, PLC's and Registered Charities must produce headed stationery with
registered number, registered office address and ultimate parent where
applicable. Partnerships must provide names and home addresses of partners. Sole
traders must provide the home address of the owner. Government and Local
Authorities must provide official letterhead. Guy Salmon reserves the right to
request any additional information it may require prior to opening and during
the operation of an account.
23 Taxes Government taxes and other
levies will be charged as required by current legislation.
24
Sub-contractors Guy Salmon reserves the right to delegate its obligations
hereunder to any sub-contractor of its choosing. In the event of such delegation
Guy Salmon will ensure that these terms and conditions will apply.
25
Termination Guy Salmon reserves the right to terminate any rental entered
into by the Customer under these Terms and Conditions in the event of any breach
by the Customer of these Terms and Conditions.
26 Other
Agreements These terms and conditions are to be read in conjunction with, and
the Customer agrees to comply with, the terms and conditions of any other
relevant agreements between Guy Salmon, the TPI Insurer and the Customer which
may from time to time be taken out.
27 Variations Any variations from
these terms and conditions are only binding upon Guy Salmon if agreed in
writing.
28 Road Fund Tax A surcharge per day as set out in the
Schedule is applicable on all rentals in consideration of Government legislation
regarding new vehicle registration costs. This charge is subject to change in
line with any future amendments made to taxation / legislation.
29
Delivery & Collection The charges set out in the Schedule apply for Home
and Business Delivery and Collection
30 One Way Hire Where the
Customer requests a rental which commences from one Guy Salmon branch and
terminates at another (a "One Way Hire"), he must first seek the approval of Guy
Salmon in its absolute discretion. An additional charge will apply to One Way
Hires which will be quoted at the time of reservation.
31 Out of
Hours Vehicle reservations taken within our standard operating hours, for
delivery/collections outside our normal operating hours will be provided at an
additional charge as set out in the Schedule.
Hires that terminate
outside our standard operating hours will be subject to a termination fee as set
out in the Schedule.
32 Meet & Greet Where Guy Salmon is required
to meet a driver at a public point other than a home or business address (e.g.
railway station) at the commencement or termination of a rental, a Meet and
Greet charge will be levied. This is in addition to any other delivery or out of
hours charges.
33 Key Charge Where keys to vehicles supplied by Guy
Salmon are lost whilst the vehicle is on rent, an amount equivalent to the cost
to Guy Salmon of replacing the keys, subject to a minimum charge will apply in
each instance that a replacement set are supplied.
34 Contact with
DVLA If a customer arrives to collect the Vehicle without their Driving
Licence, Guy Salmon will levy a charge , for contacting the DVLA to ascertain
their licence status.
35 Disclaimer Whilst every effort has been made
to ensure that the information contained in this document is correct at the time
of printing. Guy Salmon regret they cannot accept liability for any errors or
changes that may occur after publication.
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