hpp - High Performance & Prestigious Vehicle Hire Specialists

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This vehicle Hire Agreement deals with your legal liabilities to pay for the hire charges. You should read this Agreement carefully before agreeing to it. This Agreement is intended to be exempt from provisions of the Consumer Credit Act 1974 and should be construed as an exempt agreement.

  1. In these conditions the company is hppv and the part who hires a vehicle from hppv is called "the Hirer". Provided that you are no found to have caused or contributed to the accident, you are entitled to a replacement vehicle, whilst yours is not roadworthy or being repaired.
  2. hppv hire scheme enables you to hire to hire a vehicle from hppv whilst hppv pursues a claim on your behalf against the "Third Party". The "Third Party" is either the driver at fault, any person, whether natural or artificial, who is vicariously liable for the driver at fault or either of the before mentioned party(s) insurer(s). The claim will be pursued either through hppv's own legal department or a solicitor nominated by hppv (hereinafter called "the Solicitor" or "the Solicitors"). The Solicitor will be instructed by you and will act for you.
  3. Subject to conditions 9 and 13 the period offered to you to pay the hire charges expires when claim has been concluded either by negotiations being completed with the Third Party or a decision of the Court. hppv's hire scheme allows you to hire a vehicle from hppv without requiring you to pay for the hire immediately. The Third Party will be pursued for the hire charges.
  4. The legal costs and expenses incurred in pursing your claim and any other uninsured elements of loss, which you have suffered as a result of the accident and you wish to be included in your claim, are your responsibility. These additional elements may typically include your policy excess, lost earnings and compensation for personal injury. The legal costs and expenses incurred in pursuing your claim will need to be agreed between you and your solicitor. If however, at either the conclusion of your claim or by order of the court it is decided that the Third Party is to blame, you will be indemnified by the Third Party for these legal costs and expenses subject to any order made by the Court.
  5. What this means is that if you were not the one at fault in the accident and you have complied with the terms of this Agreement, all the hire charges and related costs will be recoverable from the Third Party.

    hppv agrees not to demand of the hire charges immediately upon condition that :

  6. (i) You must have a real and essential need for a replacement vehicle

    (ii) You are not able to claim hire charges from the Third Party for any period when your vehicle is roadworthy. It is therefore a condition that you will only have the Hire Vehicle from hppv whilst your vehicle is not roadworthy and that you must notify and return the Hire Vehicle to hppv within 24 hours of being informed that your own vehicle has been repaired. If you do not you would be required to pay for any additional day(s) or part day's hire charges immediately and in one single payment.
  7. If at the conclusion of your claim it is decided that you were wholly or partly responsible for the accident you are required to pay hppv's charges and any legal costs and expenses incurred by the Solicitor(s) and/or hppv in full, in one single payment.

    Hppv agree to provide the hire vehicle on condition that :

  8. (i) Hppv may bring q claim for the hire charges against the Third Party in your name or nominate the Solicitor(s) for you to instruct in bringing the claim in accordance with Condition 2 of this Agreement and subject to Conditions 9 and 13 of this Agreement
    (ii) If a Solicitor(s) is nominated, you will confirm your instruction for them to act on your behalf in writing within 21 days of a request for such by the Solicitor(s). You will be responsible for their reasonable costs, which they will seek to recover from the Third Party at the conclusion of you claim.
    (iii) You must co-operate fully in the bringing of the claim and must attend Court to give evidence in the unlikely event that such is necessary.
    (iv) The Solicitor(s) may tell hppv about how your claim is progressing.
    (v) Any cheques made out in your name or the name of your agent or nominated representative which include an amount for the hire charges may be paid in to hppv's bank account even if the are marked "Account Payee Only" or similar to include any money due to you. If this happens hppv will immediately send the money to you.
    (vi) If the hire charges are paid to you for any reason then you will pay them
  9. You are required to pay the whole of the hire charges immediately in one single payment to hppv (and may also have to pay the Solicitor's reasonable legal costs and expenses) should any of the following occur:

    (i) It becomes clear to hppv that you or your agent or representative misled hppv in relation to the accident circumstances or in any other material way.
    (ii) You instruct other Solicitors to act for you or bring a claim in respect of damages or losses arising from the accident on your behalf even if these do not include the hire charges.
    (iii) You inform hppv or the Solicitor(s) recommended by hppv that you do not wish them to continue to pursue your claim.
    (iv) Your death, bankruptcy or inability to give instructions about your case for any other reason(s).
    (v) hppv or the Solicitor(s) advise you that is not likely that you will recover 100% of the hire charges and that a settlement on lesser terms should be agreed. If you claim is then settled you will be credited with any amounts received.
  10. In the event that hppv demands payment pursuant to Clause 9(v) above and subject to the overriding conditions specified in Clause 13, hppv will postpone its demand pending hppv obtaining a barrister's opinion, should you request such. You are liable for the costs of obtaining the barrister's opinion and must pay the estimated costs of such in advance of the barrister's opinion being obtained and within seven days of being notified of them. If the barrister's opinion support the view of hppv, or the Solicitor(s), you are required to immediately pay hppv's charges in full and by means of one single payment or until payment is required pursuant to any other Clause within this contract, which ever is the sooner.
  11. Where Solicitors are nominated hppv may settle the claim for the hire charges on such terms as it sees fit even if this means that you are prevented from bringing any other claim(s) arising from the accident if :
    (i) You fail to give written instructions to hppv, despite three written requests being sent to the address shown on the front of this Agreement, or
    (ii) If it comes clear to hppv that you or your agent or representative has misled hppv in relation to the accident circumstances or in any other material way.
  12. The Agreement shall not apply to any Vehicle Hire Agreement where the Hire Vehicle has been hired for a period exceeding twelve weeks.
  13. You are required to pay hppv's to hppv in full and in a single payment on the earliest of either of the instances specified below:
    (i) prior to fifty-one weeks from the date of this Agreement or
    (ii) immediately upon the date at which your claim is concluded either by means of the conclusion of negotiations with the Third Party or by way of a Court decision.
  14. hppv may demand the return of the Vehicle at any time and/or may repossess the Vehicle and terminate the hire of the Vehicle without any liability for any loss or damage the Hirer may sustain as a result of such demand, termination or repossession, provided that hppv may, at its discretion, refund an appropriate part of the hire charge to the Hirer.
  15. On the signing of this Agreement the Hirer acknowledges liability for
    (i)any hire charges incurred in respect of any period after the Vehicle was due for return to hppv;
    (ii)the cost of making good any deficiencies under Clause 19 below;
    (iii)the cost of remedying any damage to the Vehicle incurred at any time prior to its return to the actual possession of hppv (ie, if the Vehicle is left at other premises for collection but damaged prior to collection it is at the risk of the Hirer).
  16. At the end of the hire period it is the Hirer's responsibility to return the Vehicle to hppv's premises although hppv may agree to collect the Vehicle for any additional charge subject to Clause 15 (iii).
  17. The Vehicle is at the risk of the Hirer and is the responsibility of the Hirer to arrange comprehensive insurance cover for the Vehicle (and to provide written evidence of this to hppv from the insurer on demand) and in the event of an accident the Hirer must urgently pursue a claim through his insurer's on behalf of hppv and pay over to hppv all monies received plus any excess relevant to the insurance cover of this Vehicle which is payable under the terms of the relevant insurance policy. In the events of the Hirer having provided to hppv incorrect or inaccurate information regarding the insurance cover of the Vehicle, resulting in the Vehicle been uninsured or in the event of the Hirer's insurance been invalidated, the Hirer would be liable to pay hppv back into the position in which it would have been had the insurance been correctly in force or valid. The Hirer shall still be liable to pay the cost of repair of any damage that the Vehicle may suffer as a result of the wilful action of the Hirer or my servant or agent of the Hirer or any additional driver whether approved or not.
  18. Upon signing this Agreement, the Hirer acknowledges that he has inspected the Vehicle and is satisfied that it complies in all respects with all statutory requirements relevant to its use.
  19. The Hirer is responsible for: (i) regularly checking and maintaining engine oil and coolant levels, tyre pressures, lights and drive chain tension where appropriate; (ii) returning the Vehicle at the end of the hire period in a clean condition with the same amount of fuel and with all tyres, tools, radio and other accessories in the same condition as at the start of the hire. (iii) all damage to the Vehicle caused by misuse or neglect, and for all tyre repairs or replacement and for any broken windows and lights and for any damage to the interior of the Vehicle howsoever caused; (iv) all penalties imposed by Statute or otherwise relevant to the use of the Vehicle, the manner in which it is driven or parked and for any defects to the Vehicle however they may be caused.; (v) any loss or damage resulting from the theft of the Vehicle, unless when the Vehicle was left prior to the theft, the keys had been removed, the windows shut and the doors of the Vehicle properly locked and any anti-theft device supplied where in operation.
  20. No one other than the Hirer may drive the Vehicle unless written consent of hppv has been obtained to that effect and the insurance cover for the Vehicle extended appropriately.
  21. The Vehicle must not be used for any of the following purposes namely; (i) the carriage of passengers for hire or reward, (ii)racing, pacemaking, reliability trials, speed testing or driving instruction; (iii) to propel or tow any other vehicle or trailer; (iv)in violation of the provision of any Act, Order or Regulation affecting the use, loading or condition of the Vehicle, for any illegal purpose whatsoever; (v) outside the United Kingdom mainland without the express agreement in writing of the hppv.
  22. The Hirer shall notify hppv immediately should any damage or fault occur to make the Vehicle unroadworthy or if continued use is liable to cause further damage and shall not use the Vehicle until such damage or fault has been repaired or corrected.
  23. hppv will be responsible for and will bear the cost of any mechanical breakdown not attributable to the act, neglect or default of the Hirer provided that the consent of hppv is obtained before the repairs are carried out. hppv shall be under no liability whatsoever for any damage, injury, loss, cost, charge or expenses arising out of or attributable to any breakdown whether this results from negligence, breach of contract, or otherwise.
  24. The Vehicle must not be driven in a manner which would render void any contract of insurance, or in contravention of any Road Traffic Act or the Construction and Use Regulations, or by any person who is not licensed to drive the Vehicle or who is under the influence of alcohol or drugs.
  25. hppv is not liable for loss or damage to any property stored or transported in or on the Vehicle nor does hppv except responsibility for any property left in or on the Vehicle when it is returned to hppv's possession. The Hirer will indemnify hppv against claims relating to any such property.
  26. Where this Agreement has been signed by a person on behalf of the Hirer, the signatory warrants that he is authorised to sign for the Hirer and is jointly and severally liable with the Hirer under this Agreement.
  27. hppv shall be deemed not to have waived any of its rights under this Agreement, except in writing, signed by a director. To be effective any amendments to this Agreement must be in writing and signed both by the Hirer and a Director of hppv.

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