Terms and Conditions
The Agreement :
The lessor hereby hires the vehicle to the hirer for the period and on the Terms and Conditions herein set out which transaction is referred to hereinafter as ‘the hirer’ By virtue of the Paragraph 3(1) of the Consumer Credit (Exempt Agreement) Order 1989 this agreement is not a Regulated agreement within the meaning of the Consumer Credit Act 1974.
The Hirer’s obligations :
The hirer will ensure that any additional driver will comply with these Terms and Conditions and shall be responsible for any loss arising for any non-compliance as if the breach were his own. The vehicle must be returned at the end of the contracted hire period; if it is not and prior written authorisation has not been received from us for an extension to the period, we then have the right to report the vehicle stolen and the matter will be treated as theft. The vehicle must be returned in the same condition as when received for the hire period including but not limited to bodywork, interior, tyres, brakes, tools, radio, keys and other accessories. The hirer agrees that until the vehicle is physically in the possession of the lessor the vehicle remains at the risk of the hirer. Delivery or surrender of the vehicle to a third party shall not constitute re-delivery to the lessor.
The hirer will be liable to the lessor for all damage to the vehicle including, but not limited to, bodywork, glass, tyres, interior and accessories, however caused. For any key or alarm fob lost or damaged, the hirer agrees to pay the lessor the current vehicle main dealer price to cover the cost of replacement and associated administration. If the hirer puts the wrong grade of fuel into the vehicle the hirer will be liable for any costs incurred by the lessor in draining the tank and rectifying any subsequent damage.
The hirer will immediately inform the lessor of any fault in the vehicle, and will not use the vehicle whilst in an un-roadworthy condition.
Use of Vehicle :
The hirer may use the vehicle for the purpose of their business and for social domestic and pleasure purposes. Your deposit will immediately be lost if the Tracker and G-meter fitted detect the use of ‘race’ or ‘launch’ or ‘traction control off’ if fitted, or very high-G readings for more than a few seconds cornering at the limit of the tyres adhesion OR full acceleration from a standstill OR repeated heavy braking at the limit of the tyres adhesion. These all cause excessive wear to the vehicle, and high risks of damage especially in an unfamiliar car.
The vehicles may not be used for any purposes for which they are not expressly designed, for example carrying a greater number of passengers and/or more baggage than recommended by the manufacturer. Furthermore, the hirer will not use or permit the vehicles to be used for hire, driving tuition, towing, racing or pace–making, or for competing in any rally, or any other form of motor sport, track days, or for any illegal purpose whatsoever. Allowing a non-insured driver to drive our vehicle will result in the loss of your security deposit; Sportscarhire will also view this as theft of the vehicle and will prosecute without exception in all cases as theft.
The vehicle will not be driven during the hire period by any person who is under the influence of alcohol or any other substance which might impair the ability to drive or in a manner which would render void the policy or other contract of insurance, in contravention of any applicable Road Traffic legislation or of the construction and Use Regulations for the time in force.
The vehicle will not be used during the period of hire in violation of the provisions of any act or regulations affecting the use, loading or condition of the vehicle or for any illegal purpose.
Age, Licence and Health Restrictions :
Drivers need to be between 25 and 70 years of age for Self-Drive Insurance of this category of car.
Any additional drivers must also have their card details checked by us before the hire starts, the charge is as per our tariff. NO OTHER PERSON MAY LEGALLY DRIVE THE CAR.
All drivers must have held a full licence for a minimum of five years, must have no more than 6 penalty points endorsed on their licence within the last 36 months, must not have an offence in which more than 4 penalty points were given, and no more than one fault accident claim in the last 36 months, and must not have been disqualified from driving for a period exceeding 12 months in the last 3 years.
Drivers must not have a prosecution pending for any of the following motor offences; AC10 to AC30 inclusive, BA10, BA30, CD40 to CD90 inclusive, DD40 to DD90 inclusive, DR10 to DR80 inclusive, IN10, MS50 or TT99. Any convictions for drink or drug driving, dangerous or careless driving within the past 5 years will not be accepted. Overseas licenses are accepted subject to the above conditions. Drivers must not be employed as part-time or full-time professionals in any sport or entertainment activities. Drivers must be medically fit to drive, and not have a medical condition which the DVLA must be notified of on account of it’s effect on fitness to drive, and not have been told by a doctor not to drive.
We have the right to refuse any driver on production of a licence that does not comply with our insurance policy. All hires and cancellations are subject these terms and conditions and it is deemed that you have read and understood them before making a booking.
The Driving licence needs to be provided to Sportscarhire before hire can commence for all named drivers PLUS a Passport or a utility bill or credit card statement to the same address on the licence must also be produced as confirmation of ID. If upon delivery these documents have not been made available the hire will be cancelled and our cancellation policy will apply.
You will normally be provided with a full tank of fuel and the vehicle should be returned with the same quantity of the correct fuel grade stated in that car’s FAQ sheet.
If this is not the case fuel will be charged at the pump price plus £20 charge to cover our extra mileage and time.
Overseas Travel :
Please note, none of our cars may be taken out of the UK without express written permission. Ireland (Eire) is not part of the UK, our cars are also excluded from Northern Ireland, the Channel Islands and the Isle of Wight unless by prior arrangement.
Hours of Hire :
Daily Hire 09.00 – 17.30pm
24 hours 09.00-09.00 or 17.30-17.30 (by prior arrangement subject to availability)
3 day weekend or other special hours – times to be agreed prior to hire, then noted on rental agreement
Mileage Included, Extra Mileage, Late Collection and Return Charges :
Mileage included and additional mileage charges are as published for each specific car. Collecting or returning the car later than your appointment time will incur a charge of £15 per 15 minutes to cover staffing and the delay difficulties for other customers. After 2 hours late this will then increase to a full days rental. However, if you phone us at least 30 minutes before the return time, we may be able to authorise an extended hire at a normal rate IF the car is not reserved for another customer.
Booking & Cancellation :
Bookings are confirmed on these Terms when payment is received of a deposit or the full balance. Full payment must be received at least 28 days before the hire starts, or paid at the time of the booking if it’s in less than 28 days. No refunds can be given for deposits or full payment, but at Sportscarhire’s absolute discretion the booking may be postponed to another date within 6 months of the booked hire period. Cancellations due to the hirer not meeting the terms and conditions set out here are the responsibility of the hirer. We assume no liability unless stated otherwise.
In the event of your chosen vehicle being unavailable for any reason or very serious adverse weather conditions (snow, ice or serious flooding), we will inform you as soon as possible and offer either an alternative vehicle or an alternative date.
Payment for Hire, Security Deposit & Insurance Excess :
Payment by either Credit or Debit card is acceptable, our system cannot accept cash payments.
The security deposit is held (A) As a security bond (B) As payment towards any damage sustained during the hire period as referred to under ‘Hirer’s Obligations’ (C) As an insurance excess against any accidental damage or loss caused to the vehicle by a third party or the hirer, if there is no other vehicle involved the hirer is responsible for the full cost of such repairs up to the value of the vehicle (D) To cover additional charges incurred during hire for excess mileage and/or petrol reimbursement charges. (E) As payment towards inconvenience caused and losses incurred in relation to police involvement/arrest which results in the car being confiscated or compounded and or being stopped for driving recklessly or dangerously.
This pre-authorised security deposit can be held against a major credit / debit card, it does not leave your bank account, and will be processed for refund immediately after the hire (subject to terms listed) so you do not incur any charges. Your bank may occasionally take up to one week to process this release internally. The security deposit can be reduced by paying for an Excess Waiver, at the price listed under each car. The security deposit will only ever be held in full when damages are greater than the security deposit or damages to the vehicle result in an insurance claim. In all other instances only the cost of the damage repair by an independent repairer at trade price will be deducted, and a copy invoice of the repair provided promptly to you.
Damage / Wear and Tear / Accidents / Theft :
All damage to our cars whilst in the custody of the hirer however they arise will be the responsibility of the hirer and Sportscarhire will charge for the cost of the repairs against the Security Deposit held against the hire. Any excess wear to the car’s tyres will be charged at a pro-rata rate for the cost of replacing the tyres plus vehicle down time, Sportscarhire will provide details of these charges should they apply, these charges also extend to unreasonable wear and tear on any other part of the car. Occasionally it may not be possible to identify minor damage of a dirty vehicle or in bad light at time of return, which would be notified to the customer within 2 working days with photo evidence.
In any accident the hirer and/or any additional driver must report at once to the lessor the occurrences of any and every accident involving the vehicle, no matter how minor, and will complete an Accident Report Form within 24 hours. The hirer and/or additional driver must also obtain the registration numbers, names and addresses of any other parties and of any witnesses to such an accident, make no admission of liability, photograph the scene and damage to any vehicles with your personal camera or phone, then immediately upon receipt send to the lessor any correspondence, claim form, notice, proceedings or other documents received in connection with the accident. In addition, the hirer and/or additional driver will co-operate fully with the lessor and the lessor and/or hirer’s insurers in the investigation and defence of any claim. The hirer is responsible for any theft of the vehicle.
Smoking in Cars :
Smoking in our cars is expressly forbidden and will result in the loss of your Security Bond, Sportscarhire may use a machine to determine if the car has been smoked in, smoking in the car with the window wound down will still show on our machine and will result in the loss of your Security Bond. This is due to some customers refusing to hire the car subsequently if they detect the odour.
Speeding tickets / Parking fines / Road Traffic Acts :
The driver / hirer of the vehicle hereby agrees to be liable for all speeding fines or parking tickets or any other costs or penalties that may be incurred whilst the car is in the possession of the hirer or in relation to the manner in which the hirer / driver has driven the car during the hire period.
This includes any fine or penalty imposed under a fixed penalty notice relating to the hire and any traffic congestion charges. The lessor may, in order to avoid further penalties, pay fines and the hirer shall be liable to reimburse the lessor for the amount together with a £25.00 administration fee.
In accordance with the Road Traffic Act 1974 sections 1.5 and 1 the hirer shall be liable as the owner of the vehicle in respect of:-
a Any of the following offences which may be committed with respect to that vehicle when it is stationary and when a fixed penalty notice is issued being on a road during the hours of darkness without lights or reflectors required by law waiting or being left parked on a public road and any non-payment of the charge made at street parking places and:
b Any excess charge which may be incurred in pursuance of an order under Section 35 & 36 of the Road Traffic Regulations Act 1967 (Provision of Highways of Parking Places where charges are made)
The Company’s insurance included in the rental price covers the ‘Insured Driver’ of minimum age of 25 years dependant on vehicle category for third party risks. Charge for an additional driver is £25 subject to our insurer’s prior approval being received. Our insurance on each car is pre-paid annually, it is not possible for a hirer to cover these vehicles on their own insurance .
Sportscarhire liability is limited to a refund of the hire charge. No consequential loss liability will be covered. A refund may be offered, or hire date re-arranged, or an alternative car provided, if:
• There is a mechanical breakdown of the car, if this occurs and it is feasible to offer an alternative car for the hire we will do so and will reimburse the cost difference for the hire of the substitute vehicle, should we not have another vehicle available or if you choose to not have the replacement offered we will either re–arrange the hire for another day or reimburse you in full for the cost of the hire, Sportscarhire accept neither responsibility or liability for cancellations under these conditions.
• We retain the right to refuse hire of our vehicles to anyone we deem unsuitable for hire or whom we feel do not fit our criteria for hire or if the hirers age or licence details do not comply with our terms as set out herein.
Hirer’s Property :
The lessor shall not be liable for loss or damage to any property of the hirer or any other person, which may have been in or on the vehicle either before or after its return to the lessor.
Credit pending the recovery of the Hire/Repair Charges from Third Parties
Where the hire is consequent upon the hirer’s vehicle being un-roadworthy as a result of a road traffic accident ;
A The lessor shall have the right to nominate a solicitor to pursue claim for damages on behalf of the hirer to recover the charges falling due under this agreement together with such other damages as shall arise, the hirer shall co-operate fully with the solicitor nominated and will attend any court hearing to give evidence or otherwise required.
B at all times the ultimate obligation to pay the hire charges (if relevant) the repair charges to the lessor shall rest upon the hirer but the lessor will allow the hirer credit as to the hire charges and (if relevant) the repair charges, for what is hereinafter referred to as the ‘credit period’ until;
i) such time as a claim for damages in respect of the said accident has been concluded against the party whom the hirer alleges is liable therefore, or
ii) the solicitor appointed by the lessor advises that the said claim for damages cannot or can no longer proceed, or
iii) the expiry of 11 months from the date of this agreement Whichever shall occur first.
C If the hire charges and/or (if relevant) the repair charges remain unpaid for 14 days after the expiry of the credit.
D at the termination of the credit period, the hirer shall immediately and in one instalment pay the hire charges and (if relevant) the repair charges and the payment due in respect of collision damage waiver to the lessor.
E the credit period shall terminate if, in reasonable opinion of the lessor, the hirer fails to co-operate as specified above. Except insofar as is provided above, the hirer will pay to the lessor on demand all charges due under this agreement together with VAT at the rate in force at the time of hire.
If the hire charges and/or (if relevant) the repair charges remain unpaid for 14 days after the expiry of the credit period. The hirer shall pay interest on the whole amount due by the way of hire charges and/or (if relevant) the repair charges and collision damage waiver (but not the VAT element) at the rate of 5% above the Barclays Bank rate for the time being in force.
Credit Hire Limitation and Exclusion :
The period of hire shall not under any circumstances exceed 87 days. The lessor shall not be taken to waive any of its rights under these terms and conditions except by a notice in writing signed by its duly authorised representative. The lessor will not be liable for delay and/or any consequential loss arising out of breakdown or any other reason. If the vehicle shall become un-roadworthy for any reason whatsoever, the lessor shall have the right in absolute discretion to replace the vehicle with the alternative vehicle of similar capacity and performance but if no such alternative vehicle is available or if the lessor declines to provide an alternative vehicle, there shall be credited to the hirer such portion of the hire charges paid by him/her as represents the un-expired portion of the hire period, but the hirer shall have no other claim of any kind whatsoever against the lessor. The lessor gives no warranty in relation to the condition of the vehicle beyond those implied by law and to the extent permissible by law excludes liability for any indirect or consequential loss to the hirer, additional driver or third parties arising.
Where a person on behalf of the hirer has signed this agreement, it warrants that he is authorised to sign for the hirer and is jointly and severally liable with the hirer under this agreement. If the name and driving license number of an additional driver have been provided by the hirer, the hirer confirms to the lessor that they have received consent of the additional driver to the provision of such information to the lessor. This agreement shall be governed and construed in accordance with the laws of England and Wales.
Signing the Sportscarhire Hire Agreement confirms that the hirer has read and understood the above terms and conditions and will adhere to them, and will remember all important control and safety features of the vehicle that will be explained during the vehicle presentation, and on the laminated FAQ reminder card handed to the Hirer at that time.