Vanguard Rental (UK) Limited

Terms and Conditions of Trading

These terms and Conditions
(a)"National" means National Car Rental which is the 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 National by the Customer
(d) "DW " means Damage Waiver
(e)"TPI" means Third Party Insurance
(f) "National Insurance" means Insurance provided by National
(g) "TPI Insurer" means the insurance company insuring National Third Party Risks
(h) "Working Hours" means the standard working hours as specified by National from time to time and which are available upon request
(I) " Working Day" means a normal National Working day as specified by National from time to time and details of which are available upon request. It is the responsibility of the Customer's servant or agent when renting a vehicle from National to specify whether the rental is for business or private use, which shall then be clearly recorded on the rental agreement. Upon the Customer's servant or agent taking possession of the Vehicle they and the Customer are deemed to have accepted the type of use stipulated in the agreement. Where the Customer's 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 a rental was in relation to the Customers business or authorised by them. Where the rental is specified for private use of the Customer's servant or agent and provided they meet driver qualification requirements, the use of National Insurance and the payment of DW is mandatory.

1. Invoices are sent directly from National'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 the due date 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 the date of the invoice. Failure to raise a query within this timescale will result in acceptance of all invoice charges by the customer.

2. The Customer must specify which National group of Vehicle is to be reserved. National undertakes to charge only for the group reserved provided that eight Working Hours notice is given. In the event of shorter notice being given National reserves the right to charge for the actual group of vehicle supplied. In these instances the Customer will be informed prior to the rental commencing. All reservations are subject to availability.

3. (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 National 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 National'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 National 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. National 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. National reserves the right to inspect the Customers 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) current, valid licence. National will accept no responsibility for loss and/or damage caused whilst the Vehicle is rented to an uninsured Customer and the Customer indemnifies National 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 a basis of dispute whether a rental was for business or private purposes.
(c) If the rental agreement remains unsigned the omission of the Customers 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 inform the National Branch before driving the Vehicle if there is any damage to the Vehicle, which is not already recorded as "damage out" on the rental agreement. If the Customer fails to notify National 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 National's collection service agree to accept theft and damage liability on the Vehicle to allow National 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 Vehicles whose rental period has terminated during the afternoon or at weekends.
(e) The Customer will use its best endeavours to supply full details on demand of any Third Party or Third Party Vehicle involved in any accident with the Vehicle.

4. National Insurance
DW and TPI is available from National subject to their terms of issue. National 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 National 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 National for any liability so incurred. 

The Customer will supply any information concerning the driver(s) of the Vehicle to National upon demand and undertakes to allow National 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. In all cases where Customers Own Insurance has not been requested TPI is 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.

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 it's 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 National against such loss or damage.

6. Loss of Use
Loss of use will be charged where as a result of damage being sustained to the Vehicle if it is required to be taken out of National's operative fleet and repaired at an approved bodyshop. The charge will apply for each day that the Vehicle is unavailable for rent and where a 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 National together with the name and address of the negligent third party involved. If, for whatever reason National is unable to recover the loss 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. Abortive Deliveries
If upon delivery the Vehicle is no longer required then the Customer will be charged with the then current abortive delivery charge.

8. Delivery and Collection Charges
These charges will be quoted on request.

9. Collections
(a) Unless a time and date of collection is agreed at the time of reservation the Customer must notify National when and where the Vehicle will be available for collection at least 2 hours prior to the termination of the rental period for the Vehicle. Failure to so notify will result in an additional charge of a minimum of one day's rental.
(b) Having agreed a specific address and time for collection when the rental period has terminated then if the Vehicle is not available a charge will be made to the Customer to compensate National for the abortive collection and loss of use of the Vehicle.

10. 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 'Rental Day'). A grace period of 59 minutes is allowed for after the end of the Rental Day. After this a days charge will be made for each Rental Day or part thereof for which the Vehicle is retained beyond the original return date. 

11. Out of Hours
Vehicle reservations taken within our standard operating hours, for delivery/collections outside our standard operating hours will be provided at an additional charge

12. One Way Hire
This service will be provided at the charge detailed for all groups of vehicles EXCEPT Van and Executive Fleet.
Van and Executive Fleet requests for one-way hires must be identified at the time of reservation. A charge for which will be quoted accordingly.

13. Extension of the Rental Period
(a)In the event that the Customer requires the Vehicle for longer than the agreed rental period the Customer must notify National at least 2 hours prior to the termination of the agreed rental period. In the event that the Customer fails to notify National of such requirement their authority to retain the Vehicle may, at Nationals discretion terminate and, in that event, the Customer will become liable for any loss or damage incurred by National as a result. National reserves the right, in the event of such failure of notification, to use such means as it may choose to recover the Vehicle.
(a)If the rental is extended beyond 28 days the Customer must notify National of the mileage of the Vehicle. National reserves the right to substitute a replacement.
(a)In the event that the Vehicle reaches the mileage at which a routine service is due the Customer undertakes to notify National and make the Vehicle available to National for such servicing to be carried out or for the Vehicle to be replaced at National's discretion.

14. Condition of the Vehicle
National requires the Vehicle to be returned in the same condition as when rented to the Customer. If special cleaning is required for whatever reason National will make a separate charge to cover the cost of any cleaning and/or repair work required.

15. Mileage
(a)The Customer acknowledges that the relevant mileage is the mileage recorded from the time the Vehicle leaves the National branch until its return to a National Branch.
(a)If the vehicle is rented by the Customer for a continuous period of not exceeding 28 days it is National'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 for an average of 75 miles per day or such other mileage as may from time to time be agreed with the Customer. If in the opinion of National this allowance has been significantly exceeded National 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 the agreed allowance will result in an excess mileage charge.

16. 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 National branch until such time as it is returned to a National Branch. The Vehicle will 
be refuelled upon return to a National branch and the Customer accepts responsibility for the cost of such refuelling at the prevailing National rate per litre.

17. Parking Charges Tolls and Fines
(a)The Customer is liable for all tolls incurred during the Rental Period, and for all penalties for offences committed under traffic regulations including but not restricted to, parking tickets, clamping fines, compound charges bus lane fines speeding fines and congestion charges incurred in respect of offences committed during the Rental Period.
(a)If National is asked to provide Customer details to the relevant issuing authority (the "Authority") relating to such offences or if penalties remain unpaid by the Customer and are sent to National for payment by the Authority a charge shall be made to the Customer of £25.00 to cover National's administration costs. This shall be in addition to the amount of the penalty which shall also be payable by the Customer.
(a)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 National is asked to provide Customer details to the Authority relating to such offences or if such fines remain unpaid they shall be charged to the Customer, together with an administration charge of £25.00. This shall be in addition to the amount of the penalty which shall also be payable by the Customer.
(a)For the avoidance of doubt the Customer will be liable for administration charges made under paragraph 14 of these terms and conditions in respect of a request for Customer details by the Authority regardless of whether or not the Customer is actually fined for the offence.
(a)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.

18. Premium Location Supplement
All rentals commencing from a premium location will be subject to a service charge per rental.

19. Road Fund Tax
A surcharge per day is applicable on all rentals. This charge is subject to change.

20. Meet and Greet
Where National are required to meet a driver at a public point (e.g. railway station) at the commencement or termination of a rental a charge will be levied in addition to any other delivery or out of hours charges.

21. Key Charge
Where keys are lost whilst the Vehicle is on rent, a charge will be made when a replacement set are supplied.

22. 24 Hour Call Out Facility
All 24-hour callouts will incur a service charge. This facility is only available if specified in your agreement with National

23.Additional Charges
The Customer acknowledges that the rental charges agreed relate to the service specified. National reserves the right to charge for any service required in addition to that agreed.

24. Change of Rates
(a)The Customer acknowledges that in agreeing the scale of charges to be used for vehicle rental services National 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 National reserves the right to amend the scale of charges to reflect such variations
(a)The Customer acknowledges that in agreeing the scale of charges used for vehicle rental services National 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 National reserves the right to immediately amend the scale of charges to reflect such variation in respect of future rentals.
(a)If no specific scale of charges has been agreed with the Customer standard tariffs shall apply and these are subject to change without notice. National will however endeavour to notify such changes prior to such change taking effect.

25. Breakdown
National will provide breakdown 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 callout National will at it's discretion either replace the Vehicle or make alternative arrangements to the driver/passengers. National accepts no responsibility for delays and/or any loss including consequential loss arising from breakdown or from any other circumstances.

26. Use Outside UK
National must be informed in advance if the Customer wishes to use the Vehicle outside mainland United Kingdom. 
National will impose a surcharge upon such hirings. Green Card Insurance and RAC breakdown cover (or equivalent) is mandatory. National can arrange the RAC breakdown cover and this will be charged on the Customers invoice. In the case of the Customer accepting National Insurance, Green Card Insurance will be arranged by National. If it is not possible to arrange appropriate insurance cover in the country of destination then National 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 Green Card 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 National to comply with any regulations or code of practice National reserves the right to make an additional charge. It is the responsibility of the Customer to ensure that the Vehicle complies with all local legalisation.

27. International Rules
These are subject to the terms and conditions of rental in the country of hire.

28. Equipment
(a)Any computer hardware, software or other equipment supplied to the Customer by National in the performance of its vehicle rental services shall at all times remain the property of National and may be altered or removed by National at any time. If any alterations are made to such equipment or the equipment is moved and this is at the Customers request then National reserves the right to charge for such alteration or movement.
(a)Any computer hardware supplied to the Customer is supplied solely for the purpose of running software provided by National. National 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 National as a result of any unauthorised use and indemnifies National against any direct or indirect loss so incurred.
(a)The Customer undertakes if so requested by National to enter into a contract with National containing more detailed provisions concerning the use of any equipment.

29. Customers own Property
The Customer acknowledges that property placed within the Vehicle is at their own risk and that National has no responsibility for such property.

30. Contact with the DVLA
If a Customer renting a car on National Insurance arrives to collect the Vehicle without their Driving Licence National will levy a charge for contacting the DVLA on behalf of the driver to ascertain their licence status.

31. Organisational Details
To obtain credit facilities from National, Limited Companies, PLC'S and registered charities must produce headed stationary 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. National reserves the right to request additional information it may require prior to opening and during the operation of an account

32. Taxes
Government taxes and other levies will be charged as required by current legalisation.

33. Sub Contractors
National reserves the right to delegate its obligations hereunder to any sub-contractor of its choosing. In the event of such delegation National will ensure that these terms and conditions will apply.

34. Termination
National 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.

35. 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 National, the TPI insurer and the Customer which may be from time to time taken out.

36. Variations
Any Variations from these terms and conditions are only binding upon National if agreed in writing.