Terms & Conditions - Capital PCO Rentals
Terms and Conditions for Capital PCO Rental
Effective Date: 06/09/2024
Company Name: Capital PCO Rentals
Address: Capital Pco Rentals London Endeavour House, 2 Cambridge Road, Kingston Upon Thames, KT1 3JU
Contact Information: admin@capitalpcorentals.co.uk | 02071129228 | 07780111132 | 07443343771
Website: https://capitalpcorentals.co.uk/
Section 1.
General Provisions
1.1. Acceptance of Terms
By signing the Rental Agreement or taking possession of the Vehicle, the Renter (hereinafter referred to as “Rentee”) agrees to be bound by the terms and conditions outlined in this document. These terms and conditions are subject to change at any time, and the Rentee will be notified of any changes via email, SMS, or through updates on the Company’s website at https://capitalpcorentals.co.uk/terms&conditions
1.2. Entire Agreement
This Agreement, along with any exhibits or appendices, constitutes the entire agreement between the Company and the Rentee concerning the subject matter hereof, superseding all prior agreements, representations, or understandings, whether oral or written. Any amendments or modifications to this Agreement can be made in writing and signed by an authorized representative of each Party. Please contact us immediately if you have any concerns or questions. These terms and conditions automatically update your existing terms and conditions from 06/09/2024.
Sections 2.
Rental Period and Termination
2.1. Rental Period
The Rental Period is specified in the Rental Agreement and begins when the Vehicle is collected by the Rentee. The Rental Agreement terminates on the End Date as specified in the Agreement or when the vehicle is returned to the company if earlier then the date is mentioned in the agreement.
2.2. Early Termination
Either Party may terminate this Agreement prior to the End Date by providing at least two (2) weeks’ notice. Upon early termination, the Parties will determine if a refund of Rental Fees is necessary, depending on the circumstances. Any refunds will be processed within thirty (30) days of the Vehicle’s return.
2.3. Company’s Right to Terminate
The Company reserves the right to terminate the Agreement immediately if the Rentee breaches any terms of this Agreement, including but not limited to non-payment of fees, illegal use of the Vehicle, or damage to the Vehicle.
Sections 3.
Mileage Limit
3.1. Annual Mileage Limit (Applies from 23rd September 2024 on all vehicles)
The Rentee agrees to limit the use of the Vehicle to 900 miles per week (46,800 Miles per year). Exceeding this limit will incur additional charges of £0.20p per mile, as specified in the Rental Agreement.
3.2. Mileage Monitoring
The Company may monitor the mileage through a tracker or odometer readings during regular inspections from 23rd September onwards. The Rentee is responsible for tracking their mileage and ensuring compliance with the mileage limit.
Sections 4.
Rental Fees and Payments
4.1. Security Deposit
The Rentee is required to pay a Security Deposit as specified in the Rental Agreement. This deposit will be used to cover any damages or losses incurred during the rental period. If no damages or losses occur, the deposit will be credited towards the final payment of rental fees, and any excess will be refunded within thirty (30) days of the Vehicle’s return.
4.2. Payment of Rental Fees
Rental fees must be paid as agreed upon in the Rental Agreement. Late payments will incur a fee of £20 and £10 per day thereafter. If the payment is not made within seven (7) days of the due date, the Company reserves the right to terminate the Rental Agreement and repossess the Vehicle. Any Rental payments and late payment charges etc will be invoiced to the Rentee and must be paid within 28 days or Company reserves the right to pass the information to the debt collection agency which may incur additional charges to the Rentee.
4.3. Refunds
Refunds for early termination or excess Security Deposit will be processed within thirty (30) days. The Company will deduct any outstanding fees or charges before issuing a refund.
Section 5.
Insurance and Usage
5.1. Insurance Coverage
The Vehicle is to be used for Private Hire purposes only, as defined by the guidelines provided by Transport for London (TfL). The Rentee is responsible for ensuring that the Vehicle is always insured for this purpose. Detailed guidelines can be found at TfL’s Private Hire Vehicle Licence page.
5.2. Compliance with TfL Regulations
The Rentee must comply with all TfL regulations and guidelines for private hire vehicles, including maintaining a valid PCO Licence. Any breach of these regulations may result in the immediate termination of the Rental Agreement.
5.3. Compliance with Insurance provider
The Rentee must comply with all regulations, guidelines and terms and conditions from Insurance provider. Please contact our office if you need any further information about it. Any breach of these regulations may result in the immediate termination of the Rental Agreement.
5.4. Indemnity
Regardless of insurance coverage, the Rentee agrees to fully indemnify the Company for any loss, damage, or legal actions, including reasonable legal fees, resulting from the Rentee’s use of the Vehicle. This includes, but is not limited to, damage to the Vehicle, damage to third-party property, or injury to the Rentee or others.
5.5. By signing this agreement, you confirm that all information provided is accurate and true to the best of your knowledge. Any false, misleading, or careless information provided may result in fines and will invalidate your insurance coverage, as well as your ability to make a claim.
Sections 6.
Permitted Drivers and Usage
6.1. Authorized Drivers
The Vehicle may only be driven by the Rentee. Strictly no one else is authorised to drive the vehicle. Failure to do so will invalidate the insurance and rental agreement and Company may start legal proceedings to cover any losses and damages. Rentee is responsible to make sure that Vehicle is not being used by anyone else. Driver (Rentee) must hold a valid UK driving license issued by the DVLA and must not be disqualified from holding such a license. Driver should also hold a valid PCO Driver license issued by TFL. Rentee is not allowed to drive the vehicle if any of these conditions are not met. Failure to comply with these conditions pay result in fine of up-to £5000.
6.2. Usage Restrictions
The Vehicle is to be used only for social, domestic, and pleasure purposes, as well as for, including the carriage of passengers and/or goods for hire and reward under a Private Hire license. The Vehicle must not be used for:
- Any purpose other than private hire
- Participation in any competition, trial, performance test, race, or speed trial
- Off-road events or any unauthorized activities
- Driving tuition
- Carrying more than sixteen passengers plus the driver
- Carrying passengers more than allowed by DSA and on Logbook.
6.3. Geographical Limitations
The Vehicle must be used within the United Kingdom only and is not permitted to be driven in Europe. The Vehicle may not be sublet to any third party.
Section 7.
Vehicle Condition and Maintenance
7.1. Owner’s Warranty
The Company warrants that the Vehicle is in sound and safe condition, free of any known defects that would affect its safe operation under normal use other than which are discussed and agreed by Rentee. The Rentee is responsible for maintaining the Vehicle in the same condition throughout the Rental Period.
7.2. Vehicle Inspections
The Company may require the Vehicle to be inspected every three (3) months with two (2) days’ prior notice. The Rentee is responsible for ensuring that the Vehicle is made available for these inspections. Any damages found during the inspection must be repaired at the Rentee’s expense.
7.3. Interior Damage
The Rentee is responsible for any damage to the interior of the Vehicle, including upholstery, dashboard, and electronic systems. Any necessary repairs must be paid for by the Rentee.
Sections 8.
Accidents and Claims
8.1. Accident Reporting
In the event of an accident, the Rentee must report the incident to the Company within 24 hours. The Rentee is responsible for completing any necessary insurance forms and cooperating fully with any insurance investigations.
8.2. Excess Charges
The Rentee is responsible for paying a fixed excess charge of £500 in the event of any insurance claims for non-fault accidents and £1500 for fault accidents.
Additionally, there is a £150 – £700 charges for windscreen replacements and charges for other damages or losses, such as loss of keys or charging cables, interior damages, door damages, or any other damage caused during the vehicle is under the possession of the Rentee. Exact cost of repair or fix will be determined after analysing the damage.
8.3. Responsibility for Damages
The Rentee is responsible for any damages to the Vehicle not covered by insurance. The Company will assess the cost of repairs, and the Rentee will be liable to pay for these costs.
8.4. Breakdown Coverage
The vehicle is covered for breakdown assistance by RAC. In the event of a breakdown, the Rentee should either:
- Contact RAC directly using the contact details provided at the time of hire, or
- Call the Company’s office, and a member of staff will arrange breakdown assistance on the Rentee’s behalf.
15.2. Rentee Responsibility
The Rentee is required to follow any instructions provided by the RAC or the Company to ensure that the breakdown is handled efficiently. Failure to do so may result in delays or additional costs, which may be charged to the Rentee.
Section 9.
Fines, Penalties, and Maintenance
9.1. Payment of Fines and Penalties
The Rentee is responsible for all fines, penalties, and charges incurred during the Rental Period, including but not limited to:
- Speeding fines
- Parking charges
- Congestion charges
- Airport drop-off charges
- Dartford Crossing charges These charges should be registered for auto-payment where applicable, such as Heathrow Airport, Gatwick Airport, and the London Congestion Charge. The Rentee must cancel these auto-payments when the Rental Agreement ends.
9.2. Processing fee of Fines, PCNs and Penalties
The Rentee agrees to pay a £10 processing fee for each fine, PCN, or penalty incurred. Rentee should be registered for auto-payment where applicable, such as Heathrow Airport, Gatwick Airport, and the London Congestion Charge. The Rentee must cancel these auto-payments when the Rental Agreement ends.
The Rentee agrees to provide either proof of payment for any Parking Charge Notices (PCNs) issued or proof of a successful appeal for each PCN within 60 days of its issuance. The Company reserves the right to withhold any deposit payment until all relevant PCN proof documentation is provided. If the Rentee refuses to accept liability or fails to provide sufficient evidence of payment or a successful appeal, the Company reserves the right to charge the Rentee for any PCN payments or associated losses that the Company is required to pay as a result.
The PCN (Penalty Charge Notice) updates clarify the renter’s responsibilities regarding fines and charges. Here’s a summary of the points:
1.Proof of Payment or Appeal:
Renters must provide evidence for all PCNs or fines, proving they have been either paid or successfully appealed.
2.Responsibility for Non-Appealable PCNs:
If a PCN cannot be appealed and the company must pay due to sender terms, the renter is liable to reimburse the company for the PCN amount and any associated charges.
3.Deposit Withholding:
The company may hold the renter’s deposit until all PCNs are cleared, and all related invoices are paid.
4.Refund Timeline:
Refunds for deposits will be processed within 2-4 weeks after all evidence of payment or clearance is provided.
5.Full Liability for PCNs:
Renters remain fully responsible for PCNs, regardless of whether the sender officially transfers liability to the renter.
6.We will process the final invoice after accounting for all unpaid invoices and PCNs, deducting these amounts from the deposit. Any remaining balance after deductions will be transferred to you within 5-7 working days.
If the final invoice exceeds the deposit amount, you will be liable to pay the outstanding balance within 10 working days or late payment charges or debt collection charges may apply.
These updates aim to ensure that renters are accountable for fines and that companies can secure funds to cover any unpaid charges. Let me know if you’d like help refining the language further!
9.3. Company’s Right to Terminate for Excessive Fines
The Company reserves the right to cancel the Rental Agreement and repossess the vehicle if the Rentee incurs an excessive number of fines, PCNs, penalties, or other violations. The Company will provide notice in such cases, and the repossession of the vehicle will occur in accordance with the terms outlined in this Agreement.
9.4. Vehicle Maintenance
The Rentee is responsible for maintaining the Vehicle in roadworthy condition, including regular checks of tire pressure, oil levels, and brake conditions.It is driver’s responsibility to let us know once the vehicle has been driven 11K Miles so we could arrange the service at our approved Garage, failure to do so will result in full financial responsibility on driver if vehicle gets any mechanical problem.
The Company will cover the cost of tire replacements if the tire falls below the legal requirement, provided the damage was not caused by the Rentee’s negligence. Rentee should keep an eye on tyre legal limit and inform the company at least 2 weeks in advance and should not drive vehicle if it is under the legal limit.
Vehicle should not be driven if there is any fault or damaged unless it is informed to the company and approved my Company’s authorised mechanic that it is safe to do so and would not cause any further damage. We do not cover accidental damage or puncture. It is Rentee’s responsibility to fix or replace damaged tyre.
Company takes no responsibility for any fines, penalties or damages caused by vehicle due to its mechanical or any other failure and vehicle should not be driven by driver if it shows any signs.
9.5. Missed Payments
If the Rentee misses a weekly rental payment, a surcharge of £20 plus £10 for each day of delay will be applied until payment is received. Continuous failure to pay may result in the termination of the Rental Agreement and repossession of the Vehicle.
9.6 Reimbursement
We will only reimburse expenses related to pre-authorized work or maintenance. To qualify for reimbursement, the Rentee is required to submit valid VAT receipts corresponding to the authorized expenses. Please note that failure to provide a valid VAT receipt may result in the reimbursement request being denied. We reserve the right to decline any claim that does not meet these conditions.
Sections 10.
Vehicle Tracking and CCTV
10.1. Vehicle Tracker
If the Vehicle is fitted with a tracker, it is the Rentee’s responsibility to ensure that the tracker remains installed and functional. If the tracker is tampered with or the Vehicle loses its tracking signal, and the Rentee cannot be reached for 72 hours, the Company may report the Vehicle as stolen, and the Rentee will be held responsible for any resulting losses or penalties.
10.2. CCTV Cameras
If the Vehicle is equipped with CCTV cameras, the Rentee must ensure that the cameras remain functional and report any malfunctions to the Company immediately. The Rentee is responsible for the safekeeping of the CCTV equipment.
Sections 11.
Indemnity and Liability
11.1. Indemnity
The Rentee agrees to indemnify and hold harmless the Company from any claims, damages, or losses arising out of the Rentee’s use of the Vehicle, including but not limited to:
- Damage to the Vehicle or third-party property
- Injury to the Rentee or third parties
- Legal actions and reasonable legal fees
11.2. Liability
The Company’s liability is limited to the rental fees paid by the Rentee. The Company is not liable for any indirect, incidental, or consequential damages arising from the use of the Vehicle, including but not limited to loss of income, business interruptions, or loss of business opportunities.
Section 12.
Governing Law and Jurisdiction
12.1. Governing Law
This Agreement is governed by the laws of England and Wales. Any disputes arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.
12.2. Dispute Resolution
In the event of a dispute, the Parties agree to attempt to resolve the matter amicably through negotiation. If the dispute cannot be resolved through negotiation, the Parties may seek mediation or arbitration before pursuing legal action.
Section 13.
Return Policy
13.1. Notice for Vehicle Return
The Rentee is required to provide at least two (2) weeks’ notice prior to returning the vehicle if not under a minimum term hire. If the Rentee is under a minimum term hire or if special terms are imposed in this Agreement, a longer notice period may be required. Failure to provide the required notice may result in additional charges or the withholding of the Security Deposit.
13.2. Vehicle Condition
The Rentee must return the vehicle in the same condition as it was at the start of the rental period. The vehicle should be clean inside and outside, and all additional equipment provided with the vehicle (e.g., charging cables, locking wheel nut, dash cams) must be returned and in full working condition. Failure to return the vehicle in this condition may result in additional fees being deducted from the Security Deposit.
13.3. Payment of Outstanding Invoices
All outstanding invoices must be settled at the time of returning the vehicle. This includes any fees, fines, penalties, or other charges incurred during the rental period.
13.4. Deposit Refund
The refund of the Security Deposit will be processed within thirty (30) days after the vehicle is returned. The deposit will only be refunded after the Vehicle Condition Report has been completed, and any outstanding invoices have been paid. The Company reserves the right to withhold part or all of the deposit to cover the cost of damages, outstanding fines, or unpaid fees.
13.5. Liability for Post-Return Invoices
The Rentee is responsible for any fines, PCNs, or other penalties incurred during the rental period, even after the vehicle has been returned. These will be deducted from the deposit or invoiced separately if the deposit has already been refunded.
Section 14
Miscellaneous
14.1. Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
14.2. Notices
Any notices required or permitted under this Agreement must be given in writing and delivered to the addresses specified in the Rental Agreement or such other addresses as the Parties may designate in writing.
14.3. Survival of Terms
Any terms of this Agreement that by their nature extend beyond the termination of this Agreement will remain in effect until fulfilled and apply to the respective successors and rightful assignees of the Parties.
14.4 Vehicle Return or Call back Policy:
Please check the handbook or contact us for our complete guidance on return policy.
We reserve the right to recall the vehicle at any time. Failure to return the vehicle within the specified time frame may result in additional charges, which the rentee will be liable for. If the vehicle is not returned on time, legal proceedings may be initiated, and the rentee will be responsible for any associated costs.
In addition, any extra charges incurred, including but not limited to fees from debt collection agencies, will also be payable by the rentee.
14.5 Updates
We reserve the right to update these Terms and Conditions at any time, in accordance with evolving needs and circumstances. Any updates will render the previous Terms and Conditions invalid, and the Rentee is required to accept and adhere to the new Terms and Conditions. The Rentee will be informed of any updates through any available means of communication. If the Rentee disagrees with the updated terms, they reserve the right to return the vehicle with a two-week notice period. The Rentee must inform the company of any disagreement within five working days following the publication of the new Terms and Conditions. We reserve the right to add debt recovery fees to your outstanding invoices. Any additional charges or losses incurred in the recovery process will also be the responsibility of the rentee.
Disclaimer:
By signing the Rental Agreement or taking possession of the Vehicle, the Rentee acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions. Furthermore, the Rentee accepts that all information provided in the application is accurate and complete. Failure to disclose accurate information or the concealment of relevant facts may invalidate any applicable insurance and could result in fines.
Company Representative Name: Imran Qureshi
Date: 08/09/2024
