View Ventures Limited (referred to as "Yonda", "we", "us" or "our") provides the vehicle (including any replacement or substitute) to you subject to this Agreement, which incorporates these terms and conditions and the information, conditions and confirmations provided by you when making your booking with us.
1. NATURE OF THIS AGREEMENT
The rights and obligations contained in this Agreement govern your use of our vehicle and are not transferable by you. You acknowledge that the vehicle is owned by us and that any attempted transfer or sub-hire of the vehicle by anyone other than us is void. We permit you to use the vehicle on the terms and conditions of this Agreement only.
2. AUTHORISED DRIVERS
2.1 The vehicle must only be driven by you or any other person who has first been authorised by us and has signed a separate copy of this Agreement (an “authorised driver”) and you agree that you will not allow anyone to drive the vehicle, (including yourself) if that person:
(a) does not fulfil our minimum requirements regarding age and possession of a valid driving licence as indicated on our website; or
(b) is over-tired or under the influence of alcohol, drugs, medication or any other legal or illegal substance impairing their consciousness or ability to react.
3. COLLECTION AND RETURN
- 3.1 We will provide the vehicle to you in good overall and operating condition, complete with all necessary parts and accessories.
- 3.2 You agree to return the vehicle to us in the same condition as you received it, with the same parts and accessories, and to the same location from which you collected it immediately following completion of your Tour.
- 3.3 [We will confirm the condition of the vehicle when you collect it]. You acknowledge that you will be responsible for any loss or damage to the vehicle, its contents, parts or accessories from the time that you collect the vehicle until it is returned to us (such period hereinafter referred to as the “Hire” or “Hire Period”).
- 3.4 The vehicle must be returned to the agreed Yonda location within the normal business hours of the location concerned immediately following completion of your Tour. If you fail to do so, you will be charged a late return fee of £25.00 per hour or part thereof until you return the vehicle to us subject to a maximum charge of £250.00 for each period of 24 hours. During any such period you will remain responsible for the vehicle until it is returned to us.
- 3.5 [If at any time we have agreed that you may return the vehicle to a place other than a Yonda location, or if we have agreed to collect it, you will remain fully responsible for the vehicle until it is collected by us.]
- 3.6 You agree that we are entitled to charge you a reasonable additional fee if (in our reasonable opinion) the vehicle requires more than our standard cleaning on its return.
4. RESPONSIBILITY FOR LOSS OR DAMAGE
4.1 Subject only to your acceptance of the optional Collison Damage and Theft Waiver (“CDTW”) specified in paragraph 4.2 by paying the charge specified you will be liable to us for all reasonable losses and costs incurred by us in the event of loss, damage to or theft of the vehicle, its parts or accessories during the Hire Period. Your liability may include the cost of repairs, loss in value of the vehicle, loss of rental income, towing and storage charges and an administration charge, which recovers our costs for handling any claim arising from damage caused to or theft of the vehicle unless responsibility for the damage has been determined by a third party or their insurers to lie with the third party. If, in our judgement, any damage makes the vehicle unfit for use, we will endeavour to repair the vehicle as soon as possible. You will not be liable to us for any charge if the loss or damage is directly due to our negligence or breach of this Agreement.
4.2 Provided you comply with all the terms of this Agreement and provided the loss, damage or theft is not caused intentionally, or by your negligence or by the negligence of another authorised driver, or by any unauthorised driver, if you accept the CDTW by paying the charge specified, your liability for loss of or damage to the vehicle, its parts or accessories is eliminated.
4.3 You are fully responsible for damage caused by failure to assess the height of the vehicle and striking overhead or overhanging objects. This responsibility is not eliminated by the CDTW.
4.4 If you provide your own insurance to cover your liability for loss of or damage to the vehicle, you authorise us to negotiate and agree any settlement in respect of such loss or damage direct with your insurers and you agree that any monies in respect of such loss or damage will be paid direct to us.
5. USE OF THE VEHICLE
- 5.1 You are authorised to drive the vehicle on the conditions contained in this paragraph 5 and paragraph 2 above including, at all times, to use the vehicle in a responsible manner. If you do not comply with these conditions, you will be liable to us for any liability or reasonable loss incurred by us or any damages or reasonable expenses we suffer or incur as a result of your breach and you will lose the benefit of the CDTW. We reserve the right to take back the vehicle at any time, and at your expense, if you are in breach of this Agreement.
- 5.2 You must look after the vehicle, make sure it is locked, secure and parked in a safe place when not in use and set and use any security device provided. [You must remove and keep in a safe place any tablet when the vehicle is unoccupied.] You must use seat belts, child seats and other child restraints as appropriate as required by English Law.
- 5.3 You will receive the vehicle with sufficient fuel or battery charge (as the case may be) for the Tour you have chosen however, if you fuel the vehicle for any reason, you must use the correct fuel. If you experience any problem due to accident or mechanical failure, you must contact us immediately. No one may service or repair or modify the vehicle in any way without our prior express permission.
- 5.4 You must use the vehicle only for the purpose of completing the Tour and must not use it or allow it to be used: to carry passengers or cargo for remuneration; to tow or push any vehicle, trailer or other object (without our express permission); off road or on roads unsuitable for the vehicle; when it is overloaded; for carrying any object or any substance which, because of its condition or smell may harm the vehicle and/or delay our ability to hire the vehicle again; to take part in any race, rally, test or other contest; in contravention of any traffic or other regulations; for any illegal purpose; for sub-hire; to drive or be driven in restricted areas including, but not limited to, airport runways, airport service roads and associated areas; for driver training activity; or in contravention of any of the driver requirements contained in paragraph 2 above.
- 6.1 The charges set out on our website for the Tour you have chosen or any other charge that you have paid to any third party that is authorised by us to sell your Tour to you includes any applicable taxes at the prevailing rate.
- 6.2 Additional charges may arise from your use of the vehicle during the Hire Period, and may include charges relating to the loss of or damage to the vehicle, late return charges, extra cleaning charges and any fines or charges arising from traffic or parking offences incurred during the Hire (including a reasonable administration charge in accordance with paragraph 11.2).
- 6.3 All charges will be processed in Pounds Sterling and will be calculated in accordance with our current rates [and may be subject to final calculation by us after the vehicle has been returned to us.] We reserve the right to charge you interest in addition to the outstanding charges, at a rate of 3% above the one month inter-bank base lending rate in respect of any amount due to us that you fail to pay in accordance with this Agreement.
7. RESPONSIBILITY FOR PROPERTY
We are not liable to you or any authorised driver or passenger for loss of or damage to property left in the vehicle either during or after the Hire Period. Such property is entirely at your own risk.
8. THIRD PARTY LIABILITY INSURANCE
8.1 We have a legal requirement to ensure that third party insurance coverage is provided. This coverage is provided by us and included in our charge unless we agree with you that your own insurance will cover the Hire.
8.2 Our motor vehicle liability insurance policy meets all legal requirements and protects us, you and any authorised driver against legal claims from any other person for death or personal injury or damage to any other person's property caused by use of the vehicle.
8.3 In the event that any third party suffers death, personal injury or damage to property caused by use of the vehicle which involves a breach by you or any authorised driver of any of the terms and conditions of this Agreement, you agree to reimburse us if we are obliged to compensate (i) the insurers for any payment they make to a third party on your behalf and/or (ii) any third party.
9. ACCIDENTS, THEFT AND VANDALISM
9.1 You must, where possible, report any traffic accident, loss, damage or theft involving the vehicle to us immediately.
9.2 You must not admit any liability, release any party from liability, settle any claim or accept any disclaimer in the event of an accident, but should take the names and addresses of everyone involved, including witnesses.
9.3 In the case of an accident or theft of the vehicle a Yonda accident or theft report form must be completed and submitted to us when you return the vehicle. In the event of theft, you must return the keys and any remote control anti-theft device to us. If you do not comply with the requirements of this paragraph 9, the CDTW will be void.
9.4 You agree to co-operate with us and our insurers in any investigation or subsequent legal proceedings arising out of any loss of or damage to the vehicle.
10. LIMITATION OF LIABILITY
10.1 Subject to paragraph 10.2, we shall not be liable to you or any third party for any loss or damage arising from the Hire other than as a result of our negligence or wilful misconduct or any other breach by us of this Agreement. We shall not be liable for any indirect or unforeseeable loss or damages, including loss of profits or loss of opportunity.
10.2 Nothing in paragraph 10.1 shall exclude or restrict our liability for death or personal injury resulting from our acts or omissions or any other liability which cannot be excluded by law.
11. PARKING FINES AND TRAFFIC VIOLATIONS
11.1 You are fully responsible for any fines or other consequences of the violation of traffic regulations, parking orders or prohibitions, or any other laws or regulations, during the Hire Period. You are not required to pay the London Congestion Charge.
11.2 If we are required to pay such fines, charges or associated costs, you agree that we may charge you the amount of any fine plus a reasonable administration charge for dealing with these matters.
12. PERSONAL DATA
12.1 By entering this Agreement you consent to the storage and processing of your personal information by us in connection with this Agreement for the purposes of our legitimate interests, including statistical analysis, marketing and social media, credit control and protection of our assets. If you breach this Agreement your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures or prevent damage to our assets.
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable (in whole or in part) under applicable law such provision or part shall to that extent be deemed not to form part of this Agreement but the remainder of this Agreement shall continue in full force and effect.
14. APPLICABLE LAW
We aim to resolve all disputes amicably. If this is not possible, the laws of England will apply and you agree to submit to the non-exclusive jurisdiction of the English courts.
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