MiAuto Terms and Conditions
For the rental of all vans from MIAUTO LIMITED, a Private Limited Company registered in England under number 11634975, whose registered address is MiAuto Ltd, Suite 402, Grangewood House, Oakwood Industrial Estate, Loughton, Essex IG10 3TZ (“the Company”).
1. HIRER ELIGIBILITY REQUIREMENTS
1.1The Hirer must be the holder of a full (as opposed to provisional) driving licence which has been held for at least 1 year at the commencement date of the Rental. In the case of UK driving licences both the photocard licence and the paper counterpart licence must be produced before the Vehicle will be released to the Hirer. Copies of licences will not be accepted.
1.2 The Hirer must be at least 25 and not more than 70 years of age to drive a Vehicle. Hirers under the age of 25 may only drive a Vehicle at the discretion of the Company and a suitable specific insurance in place.
1.3 In order to rent a Vehicle of 7.5 tons or above the Hirer must be in possession of either a standard driving licence which was obtained before January 1997 or an HGV licence if the Hirer has passed their driving test since that date.
1.4 Hirers with more than 6 penalty points on their driving licence will not be permitted to drive a Vehicle from the Company.
1.5 Hirers who have been banned from driving for a period of 12 months or more as a result of a CD, DD, IN, DR or UT Offence will not be permitted to rent a Vehicle from the Company for a period of 3 years following the restoration of their licence.
1.6 The Hirer must present two forms of identification (in addition to their driving licence) when collecting the Vehicle. At least one should include the Hirer’s home address. Acceptable forms include, but are not limited to, passports, bank statements and utility bills.
2. RENTAL TERM AND PAYMENT
2.1 The Vehicle will be made available for collection by the Hirer at the time, date and location shown in the form VO1.
2.2 The agreed Rental Term will be set out in the VO1 form. The Hirer must return the Vehicle to the Company at the location shown in the Rental Agreement (which may or may not be the collection location) or location as directed by the Company at the end of the Rental Term.
2.3 The Company reserves the right to recall the Vehicle immediately at any time. In the event that the Company exercises this right the Hirer will be reimbursed for any and all full days remaining in the Rental Term or will be issued immediately with a replacement Vehicle of the same Class or of the closest Class thereto at no additional cost. If the replacement Vehicle is of a lower Class no discount will be offered. Availability of replacement Vehicles in higher Classes will be subject to the eligibility requirements set out in Clause 3. The Hirer shall be charged for any costs associated with such recovery
2.4 The Hirer agrees that the Rental Fee, any Fines, Penalties, Tolls or MiAuto Charges are to be paid direct to the Company within 24 hours of which they are due.
2.5 The Hirer agrees that the Initial Rental fee will be held by the Company for a minimum period of 28 days after the Vehicle has been returned to the Company upon termination of your Rental Agreement to set against any outstanding charges mentioned in Clause 7.
3. VEHICLE USAGE
3.1 The Hirer may only use the Vehicle for the social and domestic purpose for which it is intended.
3.2 The Hirer may not fit a roof rack, roof box or any other form of external carrier other than those approved and provided by the Company.
3.3 Towing is not permitted.
3.4 The Vehicle must not, under any circumstances, be used for the transportation of inflammable, toxic, corrosive, radioactive, biohazardous or other dangerous goods or substances.
3.5 Subject to the prior approval of the Company, Hirers are permitted to transport domestic pets in the Vehicle. The transportation of other animals is not permitted.
3.6 Use of the Vehicle on anything other than normal public roads (the definition of “normal public roads” includes private roads, driveways, car parks etc.) is not permitted. This prohibition includes, but is not limited, to:
a. Off-road driving;
b. Participating in racing or other competitions of any kind; and
c. Speed testing or time trials.
3.7 Further restrictions apply to the Hirers use of the Vehicle. The Hirer may not:
a. Use the Vehicle for any illegal purposes (including exceeding speed limits and other breaches of the Highway Code);
b. Use the Vehicle whilst under the influence of alcohol or drugs;
c. Use the Vehicle for the purposes of instructing learner Hirers;
d. Allow any Hirer other than the Hirer named to drive the Vehicle without the express permission of the Company;
e. Use the Vehicle for the carrying of passengers for financial gain; or
f. Sub-rent the Vehicle.
3.8 The Hirer is entitled to cover 2800 miles per month.
3.9 In the event the Hirer returns the Vehicle with excessive mileage in accordance with 4.8 above, the Company will apply a charge of 15p per excessive mile. If the Vehicle has been returned before a full month end then a pro-rata calculation shall be applied.
3.10 Unless otherwise agreed at the time of Rental, the Hirer may only drive the Vehicle within the United Kingdom.
3.11 In the event that the Hirer uses incorrect fuel in the Vehicle they must neither drive it nor attempt to remove the fuel. The Hirer must contact the Company and the Company shall dispatch its Recovery Service to take the necessary action. The Hirer will be charged at the full rate for any expenses incurred by the Company in this regard.
3.12 The Hirer must always lock the Vehicle and activate installed security systems when leaving it unattended, irrespective of the length of time for which it will be so left.
3.13 Smoking in the Vehicle is not permitted. If evidence is found of smoking whilst under the Hirer’s control, then a valet fee of £100.00 shall be applied.
4. VEHICLE CARE AND MAINTENANCE
4.1 The Vehicle will be supplied in a clean and road-worthy condition having been fully valeted and subjected to a full mechanical inspection which includes topping up all necessary fluids and oil and checks on all tyres.
4.2 The Hirer shall ensure that the Vehicle is returned to the Company in a similarly road-worthy condition. Any spillages or stains inside the Vehicle which occur during the term of the Rental must be cleaned by the Hirer or will incur an additional charge.
4.3 If the tyres on the Vehicle become damaged during the term of the Rental for any reason other than normal wear and tear the Hirer must replace, at their own expense, that/those tyre(s) with tyres of the same type and dimensions. The Hirer must inform the Company of any such replacements.
4.4 The Rental is inclusive of breakdown cover which shall be provided by the Company’s Recovery Service.
4.5 If any mechanical failure occurs during the term of the Rental the Hirer must immediately cease driving the Vehicle and contact the Company whereupon the Company shall dispatch its Recovery Service to take the necessary action. The Company will bear the expense of any remedial work required provided the damage or failure is not found to be the fault of the Hirer and provided such remedial work is carried out by an authorised repairer.
4.6 The Hirer is permitted to make or arrange repairs to the Vehicle upon agreement from the Company and evidence given of the repairs being carried out by a suitable professional within 7 days of the Company being made aware of the damage to the Vehicle. This includes, but is not limited to, mechanical repairs and bodywork repairs.
4.7 In the event of failure under sub-Clause 5.5 the Company shall have the option of repairing the Vehicle or making a replacement Vehicle available to the Hirer.
4.8 The Company shall ensure that the Vehicle is fully insured either by its own policy or by verifying the Hirer’s own policy. If any damage occurs to the Vehicle for which an insurance claim cannot be made such as that caused by other unidentified persons or vehicles or by hitting low-level objects such as bridges or low-hanging trees, the Hirer shall be deemed fully responsible unless the Company agrees otherwise.
4.9 The Hirer agrees to allow the Company access to the Vehicle for regular condition checks.
4.10 The Hirer agrees to return the Vehicle with the same fuel level as the Vehicle had been received and indicated in the Rental Agreement.
4.11 Any AdBlue, or subsequent fuel system additive required by the Vehicle shall be considered as fuel and therefore the responsibility of the Hirer.
5. ACCIDENTS AND THEFT
5.1 In the event of an accident the Hirer must not admit any fault or responsibility and report to the Company WITHIN 24 HOURS to the number shown in the Rental Agreement. The Hirer should take the following steps:
a. Make a detailed note of the names, addresses, telephone numbers and car registration numbers of any other parties involved in the accident – indicating also whether those parties are the owners of their respective vehicles;
b. Make a detailed note of the names, addresses and telephone numbers of any witnesses;
c. Contact the police in the event of any suspected injuries or any disputes over responsibility;
d. Contact the rental office of the Company from which the Vehicle was collected and inform them of the accident, following any further instructions the Company may issue;
e. Secure the Vehicle in a safe location, with police assistance if necessary.
f. Complete the Company’s CO1 form or online report IN FULL.
5.2 If the Vehicle is stolen the Hirer must firstly inform the police of the incident, providing all details requested. The Hirer must then inform the Company by contacting the rental office from which the Vehicle was collected, providing all details of the incident including information provided by the police including, where relevant, the crime reference number.
5.3 The Company will not provide insurance cover for any personal items inside or attached to the Vehicle that is not the property of the Company to complete the day-to-day duties.
6. FINES, PENALTIES TOLLS AND OTHER CHARGES
6.1 If the Hirer receives any parking fines while the Vehicle is in their possession full payment of such fines must be made by directly to the relevant authority and a copy proof of payment be sent to the Company within 24 hours of the payment being made.
6.2 The Accident Excess amount shall be set at £2,000, unless otherwise stated in writing by Company that it shall be a lesser amount and that it shall apply to each and every incident whereby accident damage has occurred as a result of an accident.
6.3 If the Hirer takes the Vehicle on any toll road or other chargeable route, including but not limited to the London Congestion Charging Zone, the Hirer shall be solely responsible for paying the requisite charges.
6.4 In the event of any Penalties, Fines, Tolls or Charges accrued by the Hirer and received by the Company, the
Company will represent the Hirer’s details to the relevant authority and apply a £36 inclusive of VAT admin fee per notice, which will then be charged to the Hirer.
6.5 In the event that a penalty charge notice, fine or similar penalty is issued which concerns the Vehicle during the Rental Period the Company will immediately inform the Hirer simultaneously and shall require the Hirer to pay the fine to the Company.
6.6 If the Hirer takes the Vehicle on any toll road or other chargeable route, including but not limited to the London Congestion Charging Zone, the Hirer shall be solely responsible for paying the requisite charges.
7. DATA PROTECTION
7.1 All personal information that the Company may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the Hirer’s rights under the GDPR.
8. ENTIRE AGREEMENT
8.1 The documents comprising the Rental Agreement, these Terms and Conditions and any other documents expressly incorporated into the Rental Agreement, contain the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
8.2 Each Party acknowledges that, in entering into the Rental Agreement, neither Party gives any warranty or relies on any representation, warranty or other provision except as expressly provided in the documents comprising the Rental Agreement.
9. OTHER IMPORTANT TERMS
9.1 The Company may transfer (assign) its obligations and rights under these Terms and Conditions (and under the Rental Agreement, as applicable) to a third party (this may happen, for example, if the Company sells its business). If this occurs the Hirer will be informed by the Company. The Hirer’s rights under these Terms and Conditions will not be affected and the Company’s obligations under these Terms will be transferred to the third party who will remain bound by them.
9.2 The Hirer may not transfer (assign) their obligations and rights under these Terms and Conditions (and under the Rental Agreement, as applicable) without the Company’s express written permission.
9.3 This Rental Agreement is between the Hirer and the Company.
9.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
9.5 No failure or delay by the Company in exercising any of its rights under these Terms and Conditions means that it has waived that right, and no waiver by the Company of a breach of any provision of these Terms and Conditions means that it will waive any subsequent breach of the same or any other provision.