+ 230 5763 1848
General Terms & Conditions
General renter information
Operative provisions:
1.1 The following terms shall have the following meanings unless the context otherwise requires.
‘Default Rate’ means the aggregate of the prime lending rate per annum as published by Barclays Bank Plc from time to time and the Margin.
‘Deposit’ means the refundable amount appearing overleaf, deposited by the Hirer to the Company which may be set off against any outstanding amounts due and payable by the Hirer to the Company under this Agreement.
‘Driver’ means the person, whose name appears in the relevant section of this Agreement as the driver of the Vehicle and any further drivers listed to drive the Vehicle as additional drivers.
‘Fleet Guide’ means the brochure setting out the makes and types of vehicles available for hire with the Company, a copy of which is annexed to this Agreement
‘Margin’ means two (2) per cent per annum.
‘Mileage Limit’ means the maximum number of miles the Hirer is permitted to drive the Vehicle.
‘Rental Fees’ means fees payable by the Hirer to the Company, the details of which are more fully set out overleaf.
‘Replacement Vehicle’ means the substitute for the Vehicle provided to the Hirer pursuant to clause 6.1.6.
‘Special Services Fees’ means the fees payable in respect of the Special Services.
‘Special Services’ means the insurance policy of the Vehicle and such replacement tyres as the Company may provide to the Hirer at the option of the Hirer and subject to payment of the Special Services Fees.
‘Vehicle’ means the vehicle described overleaf or any Replacement Vehicle forming part of the Fleet Guide of the Company, and includes its parts, components, accessories and contents supplied by the Company.
1.2 Unless the contrary intention appears or the context otherwise requires or admits:
1.2.1 a reference to this Agreement includes the Schedules which shall be deemed to form an integral part thereof;
1.2.2 headings are for convenience of reference only and shall not affect the construction or interpretation of the provisions of this Agreement;
1.2.3 except where the context requires otherwise the singular includes the plural and vice versa; a reference to one gender includes all genders;
1.2.4 any reference to any person include references to individuals, corporations, partnerships, joint ventures, associations, unincorporated organizations, government, or any agency or political sub division;
1.2.5 any reference to a body corporate shall include the successors and permitted assigns of such body corporate.
2.1 The hiring of the Vehicle shall commence on the date on which the Vehicle is delivered to or made available for collection by the Hirer or its agents as specified overleaf.(‘the Commencement of Hire’).
2.2 The precise details of the Vehicle including in particular the odometer reading on the Vehicle are specified overleaf. At the time of delivery or collection of the Vehicle this Agreement shall be signed by the Hirer or by a person authorised on its behalf, which signature shall constitute the Hirer’s acceptance of the Vehicle.
2.3 The Company shall use its best endeavours to have the Vehicle available for delivery or collection on the Commencement of Hire and the Company shall not incur any liability in the event of any delay where such delay is caused by circumstances beyond its control.
2.4 The Company may withdraw the Vehicle with the consent of the Hirer and substitute it with another one of similar or any other make and type but of equivalent standard.
3.1 Subject to clause 4, the Hirer shall pay to the Company in advance the Rental Fees, the first such payment to be made on the
Commencement of Hire and subsequent payments to be made at the consecutive intervals specified overleaf without prior demand by the Company. Time shall be of the essence in respect of the payment of all sums due hereunder and the Hirer shall be deemed to have repudiated this Agreement if any Rental Fees shall remain unpaid for more than fourteen (14) days after becoming due.
3.2 If the Hirer fails to pay on the due date any amount which is payable to the Company pursuant to clause 3.1 then, without limiting clause 10.1, that amount shall bear interest at the Default Rate from the due date until payment is made to the Company.
3.3 In case any sum due under this Agreement is recovered through the services of an Attorney-at Law, any charges and legal costs involved in the recovery of same as well as the Attorney's 10% commission thereon shall be borne by the Hirer.
3.4 All payments in cash due hereunder shall be made to the Company at its address stated herein or at such other address as the Company may from time to time communicate to the Hirer. Any payments sent by post shall be so sent at the risk of the Hirer.
3.5 Any payment due hereunder to the Company shall be made to the order of Smart Car ltd. and any payment by standing order shall be credited in the bank account of the Company Smart Car Rental ltd.
4.1 The Hirer expressly acknowledges and accepts that the Company shall be entitled to revise the Rental Fees stated overleaf in accordance with, and subject to, new rates of taxes and licences only, at any time before the Commencement of Hire.
4.2 Any such revision shall be notified by the Company to the Hirer as soon as practicable and in any event on or before the Commencement of Hire. In the event the Hirer does not accept such price revision, it shall have the right for a period of seven (7) days after receipt of such notification to serve notice on the Company cancelling this Agreement.
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