This agreement is governed by the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the English courts.
1. In these terms and conditions: "We" are the company named as the Lessor overleaf, and "You" are either:
2. If you have indicated in the “Insurance Details” box overleaf that you want us to provide insurance cover for the Vehicle and/or Additional Insurance then the following terms will apply:
(a) This agreement is subject to, and includes, all the terms of our current insurance policy, a copy of which can be inspected at our office.
(b) The Vehicle may only be driven by the following people:
(c) Our Insurance will not give you complete cover. The amount for which you are not covered is called the Excess. The “Excess” value is dependable on the vehicle type, driving age and any special arrangement made by us.
(d) You may also have the ability to take out additional insurance as to reduce the insurance “Excess” by paying an additional charge.
(e) If you or anyone on your behalf deliberately causes damage to or loss of the vehicle then you will have to pay for the cost of repair, replacement vehicle and any loss of revenue of the vehicle, even though it was insured at the time.
(f) Any damage above the windscreen is not covered on our insurance, and all cost will be chargeable to the hirer.
(g) In the unfortunate event you are involved in a vehicle incident (accident), please contact the branch you hired from immediately (within 4 working hours) as you will be required to complete & return an incident form within 24 hours of the incident occurring.
3. If you have indicated in the “Hirer’s Insurance” box overleaf that you want to provide your own insurance for the Vehicle then the following terms will apply:-
(a) It is your responsibility to insure the Vehicle from the moment you take it until the time it is returned to us. You must insure it to its full value, against loss or damage (Including windscreen damage) by accident, fire or theft, under a comprehensive insurance policy with a reputable insurance company, you must supply us with full details whenever we ask for them, and you must tell the insurance company to note our interest on the policy.
(b) You hereby authorize your insurer to communicate directly with us and give us any information we require. You also authorize us to take over any claim which you may have which relates to the Vehicle, and to negotiate and settle that directly with your insurer.
(c) You must not use or permit the Vehicle to be used in breach of the insurance policy. If any money is paid out under the policy which relates to the Vehicle then you must ensure that the money is paid direct to us.
(d) If you do not insure the Vehicle comprehensively, and we suffer loss as a result, you must compensate us for that loss.
(e) If for any reason the amount which we receive from the insurance company is less than the loss that we suffer you must pay us the difference.
4. Any person signing this agreement on behalf of a company must be authorized to do so, and if not so authorized, will be personally liable to pay all sums due under this agreement to the extent that the company fails to pay them.
5. The maximum period for which you are allowed to keep the Vehicle under this agreement is from the dates in the “Charge From” box to the “Charge To” box.
(a) We are entitled to terminate this agreement if you break any of its terms, and you must then return the Vehicle Immediately.
(b) We are entitled to provide you with a comparable vehicle, earlier than the due back date, and collect from you the current vehicle, even if you have not broken any of the terms and conditions of this agreement, and the comparable vehicle shall then be, for the purposes of this agreement, the 'vehicle'
(c) In any event the maximum period for which you can hire the Vehicle is 90 days.
6. (a) If you keep the Vehicle beyond the “Charge To” box (or after we have required its return as above) then, In addition to any claim for compensation which we may bring, you Will have to pay charges In accordance with our current tariff which can be Inspected at our office.
(b) Rental extensions; must be notified before the end of the rental. The extended period payment will be taken immediately following the request of the rental extension.
7. We are not liable to you for any loss of or damage to any property which is carried in the Vehicle, and we do not accept responsibility for any property which you leave in the Vehicle when you return it, unless we have been negligent. If any third party brings a claim against us for property which is carried or left In the Vehicle, you must indemnify us for that claim.
8. The Vehicle must not:
(a) Be taken outside England, Wales, Scotland, Northern Ireland and any of the British Isles, without our prior written permission.
(b) Be used otherwise than on a public highway or a suitably paved area which is designed to carry motor vehicles.
(c) Be used to propel or tow any other vehicle or trailer, unless it is equipped for the purpose and we have given our permission.
(d) Be used to carry passengers for hire or reward or for any driving tuition, unless you obtain our prior written permission and you must provide your own Insurance under clause 3 of this agreement.
(e) Be used for any unlawful purpose, or for neither racing, pace making, competitions or speed testing, nor must it be used in any unlawful manner.
(f) Be used in such a manner that it is overloaded (whether in total or in respect of any axle or other part) or is carrying more passengers or goods than It was designed to carry or may lawfully carry.
(g) Be used in such a way as to make the Insurance on the Vehicle invalid.
(h) Be used in breach of any relevant legislation, regulation or bye law I force at the time.
(i) Be used by any person who is not licensed, insured and authorized by us to use it.
(j) Be used by any person who is under the Influence of alcohol, drugs or any other form on intoxication.
(k) Be used In the event of any mechanical, electrical or structural failure or damage. In case further damage might be caused as a result.
(I) Be altered or added to in any way whatsoever.
9. (a) You are not allowed to carry out any repairs to the Vehicle (or let anyone else do so) if the cost of those repairs is more than £25, unless you obtain our permission first. If we do authorize repairs then we will refund the cost to you if you produce a VAT receipt and whatever parts have been replaced.
(b) If under £25 pounds then a vat receipt and proof of failure must be provided.
10. If you break any of the terms of this agreement we are entitled to treat the agreement as terminated and have the right to repossess the Vehicle and seize any goods in the vehicle until owed debt has been paid in full. You hereby authorize us to enter on your property to do so if necessary.
(a) Vehicles may have a tracking devise installed. This is for vehicle protection, impact information, loss, servicing control and for customer reassurance.
(b) Vehicle Recovery Costs will be charged only when a vehicle is removed from you due to poor payment, failure to return a vehicle upon request, and when all possible attempts to contact you have failed.
(c) A minimum fee of £50 will be charged for each attempt of recovering the vehicle, along with any additional costs incurred due to the time of collection i.e. time, administration, etc.
(d) We may at any time pass information about you or the vehicle to the finance company that provide finance to us in relation to the vehicle (or any member of that finance company's worldwide group of companies) so that they or their agent(s) can enforce any rights to the vehicle. Personal data may be transferred to the above recipients to countries outside the EEA (including the USA and India).
11. You are liable for certain charges as If you were the owner of the vehicle and you are also giving us permission to provide your personal data to process the transfer of liability.
(a) Any fixed penalty offence committed in respect of the Vehicle hired under any of the current laws or applicable regulations at the time of the offense.
(b) Any financial penalty or charge which may be demanded by a third party as a result of the vehicle having been parked or left upon land which is not a public road.
(c) Any charges, costs and expenses as a result of you using the vehicle, arising from or incidental to any person, firm, company or regulatory body, impounding or taking possession of the vehicle.
(d) Any loss of use of the vehicle while it is being repaired until it is available to rent or until full and final settlement for the vehicle loss is received. Loss of use charges will be charged at your current day rate.
12. You must:
(a) Pay the hiring charges published in our current tariff (which can be inspected at our office) unless different charges have been agreed between us in writing.
(b) Pay for all fuels and any refuelling charges.
(c) Pay for any accessories, tyres, tools, or equipment which is lost, stolen or damaged.
(d) Pay our costs of recovering the vehicle in the event that you fail to return it to us as required by (j) below.
(e) Pay any penalties, fines and court costs incurred in the use of the Vehicle before it is returned to us. With all driving offences an administration charge is applicable on all driving offences, plus the cost of the fine. (E.g. parking tickets, congestion charges etc).
(f) Pay for excess mileage above those in the term and conditions. Our mileage allowance is 250 miles free for the first two days, thereafter mileage will be based on 2500 miles over a 28 day period. This includes the first two days allowance. The excess charge is dependent on the vehicle group.
(g) Safeguard our Interests in the event of any accident involving the vehicle. By obtaining the names and addresses of all relevant drivers and witnesses, details including registration numbers of any other vehicles involved securing the Vehicle and, where appropriate, notifying the police.
(h) Ensure that the correct tyre pressures, engine oil level, battery fluid level, screen wash level, coolant level and automatic transmission oil level (where fitted) are maintained throughout the period of hire.
(i) Ensure that the Vehicle is always locked when unattended, and take all reasonable steps to prevent loss of or damage to the vehicle, or its tyres, tools, accessories, equipment or contents.
(j) Inform us immediately if the Vehicle is damaged, lost or stolen, or develops any faults. Also you must inform us when the vehicle needs its next service (“next service” sticker is on the windscreen), and allow us to carry out any essential repairs or servicing. If the vehicle goes over its servicing schedule by more than 1000 miles a charge of £500 will be applicable.
(k) Return the Vehicle (together With all its accessories, tyres, tools and equipment) to our representative at the place where it was hired (unless a different place is specified in agreement overleaf) during our business hours, or before the Date shown in the “Charge to” box or earlier if we are entitled to it. The Vehicle must when you return it, be in the same condition as when you hired It (fair wear and tear excepted), and must be clean and tidy (normal traffic grime excepted). All waste must be removed from the vehicle before returning, any waste left in a vehicle will be charged a disposal charge.
(l) Smoking is NOT permitted in any of our vehicles; it is an offense to smoke in our vehicles. If there is any evidence of smoking in our vehicles you will be charged a cleaning administration fee and additional costs that may incur e.g. loss of use due to the vehicle being unhirable during the cleaning process.
13. Payment Authorization
(a) You authorize us to be able to take monies from any of your given credit or debit cards, without you being in person. This is for any costs owed for in relation to vehicle hired.
(b) All bookings cancelled up to 48 hours before the start of hire will be fully refunded.
(c) Payments are in GBP sterling (£)
(d) Deposits are reimbursed on our payment system on the day the vehicle is returned and when we are confident the vehicle meets our returns requirement without incurring any additional charges i.e. damage or fuel charge.
(e) All bookings cancelled less than 48 hours before the start of hire can be moved to another day free of charge or alternatively we can cancel the booking but you will be charged a 1 day hire fee.
14. Loss of the vehicle keys, overhead damage, stolen vehicle or under 25.
(a) If the vehicle is stolen due to the keys being left in or on the vehicle then you will not be covered by our insurance.
(b) If the vehicle is stolen due to the loss of the keys whilst on hire, then the insurance will not cover any loss or damage incurred.
(c) Overhead Damage. Any damage above the windscreen height is the responsibility of the hirer and has an excess to the value of the vehicle replacement. Above head height damage, is any damage above the drivers head whilst seated in the vehicle. This means any damage to the roof of the vehicle hired, roof rack, sunroofs etc. We do not cover any damage that is deemed overhead height.
(d) Drivers aged 23-24 with incur an increased excess of a minimum £250.
(a) Please contact the original branch that you dealt with regarding your complaint. Alternatively, you may contact Long Marsh Ltd - Head Office. Heron House. The Embankment. Wellingborough. Northants. NN8 1LD 01933 222872 and your concerns will be handled with immediately.
(b) Workshop Service & Repair complaints. Where we cannot resolve a complaint using our own complaints procedure, as a Which? Trusted trader we use Dispute Reso Lution Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact 0333 241 3209 or via their website http://www.disputeresolutionombudsman.org/which-trusted-traders-partnership/
17. All personal data is kept within the GDPR rules and regulations and that of our business requirements. If you require further information please contact Long Marsh to speak with the GDPR officer.
18. Charges to standard Excess
(a) If under 25 excess is increased by an extra £400.
(b) Any damage above head height is the responsibility of the Hirer and not covered by the Rental insurance cover. Above head height, is any damage above the drivers head whilst sat in the vehicle. This means damage to the roof, roof rails, sunroof etc.
(c) You are responsible for any loss of keys and the cost to replace the keys or locks as necessary.
(d) If the vehicle is stolen due to the keys being left in the vehicle or keys are not in your possession, then you are responsible for the full loss of the vehicle.
Terms and Conditions – Servicing Department
Our product/service aims to meet the demands and needs of each customer whose vehicle requires a service, MOT or repair with Long Marsh Ltd.
Sale process, Customer status Terms & Conditions
1. A contract will be binding between Long Marsh Ltd and the customer, upon booking.
2. If you make a booking via the phone or internet you warrant that you are legally capable of entering into a contract of sale and you are at least 18 years old and reside in the UK.
3. Long Marsh Ltd will provide details of the cost of each vehicle repair/service and the work required before the work is done. All work and costs, including additional work must be approved by the customer before any work is carried out.
4. If the vehicle repair/service cannot be done within 1 day due to circumstances beyond Long Marsh Ltd, an advisor will contact the customer and inform them accordingly – this may sometimes be due to parts not being delivered or the work required may take longer to complete.
5. All additional work is subject to VAT as required by law.
6. Additional parts may be required for your vehicle repair/service. These will be an additional charge and a Long Marsh Ltd adviser will inform you of the costs on the day of your service.
7. All parts used will adhere to the manufacturers' service schedule and warranty, - ensuring all manufacturers' warranties are validated.
8. In addition to your Statutory Rights, a Parts & Labour Warranty is provided for a period of up to 12 months (or within 12,000 miles - whichever comes first) for work carried out by Long Marsh Ltd. The Warranty covers replacement defective parts or related workmanship. (Unless specified in writing by Long Marsh Ltd)
9. The Warranty is dependent upon:
(a). Long Marsh Ltd being given an opportunity to investigate or rectify any faults within a reasonable timeframe.
(b). The manufacturer's vehicle operating instructions being followed.
(c). Having the vehicle serviced according to the manufacturer's recommended schedule (at the time or distance specified).
(d). Full compliance with Long Marsh Ltd advisories, warnings and information or any instructions provided by Long Marsh Ltd.
(e). The parts or workmanship carried out not being subjected to abnormal conditions or unreasonable wear and tear.
10. Upon completion, all work carried out is to be paid in full before your vehicle leaves the premises.
11. Long Marsh Ltd does not accept any liability for any damage or losses suffered by the Customer from the storage of its vehicle at Long Marsh Ltd.
12. The customer has the right to cancel their vehicle repair/service at any time, as long as any of the agreed work to date has been paid for up to the point of cancellation.
13. Long Marsh Ltd where possible, will provide the customer with a courtesy car free of charge if the courtesy vehicle is available. Insurance cover on any courtesy or replacement vehicle provided by Long Marsh Ltd will normally be covered by the garage's insurance. In the event of a claim on the insurance, the customer will be liable to pay the amount of the excess on the insurance. Also the customer must adhere to the terms and conditions of the said policy put in place by the garage. If insurance is not applicable to a courtesy car, Long Marsh Ltd will inform the customer who will then be required to provide their own insurance.
14. Long Marsh Ltd will not be responsible or liable for any unforeseeable losses; losses that were not caused by Long Marsh Ltd employees, agents or representatives' negligence or for any business losses. This does not affect any claim that the customer may have for death or personal injury. Nothing in this condition will affect the customer’s statutory rights that the works are performed with due skill and care, that the goods supplied are of satisfactory quality and are fit for their purpose and that the products and services correspond with their description.
15. Long Marsh Ltd will not be responsible for any loss of valuable items left by the customer and are not connected to the vehicle or damage to such items.
16. Long Marsh Ltd will not be liable for any damage or delay in the services provided if the reasons are down to “an act of God”, “industrial action such as strikes”, “government disputes” or factors to be deemed out of control of Long Marsh Ltd.
17. Health & Safety laws will apply where applicable when a customers’ vehicle is serviced.
18. By agreeing to these terms and conditions you are aware of what the repair/service you are purchasing includes (this can be found in the detailed full/interim service schedule). We will also follow your manufacturers repair/service schedule, and any additional items not included in a full/interim service may be charged at an extra cost, but will not be completed without prior authorisation.
19. Any complaint with respect to any vehicle repair/service done by Long Marsh Ltd must be restricted to communications with Long Marsh Ltd and not with other garages. Long Marsh Ltd will not be liable for resolving any mistakes, issues or problems unless all correspondence remains with Long Marsh Ltd.
20. Long Marsh Ltd will endeavour to resolve all disputes amicably and professionally normally within 28 days. If the dispute should take longer, Long Marsh Ltd will notify the customer accordingly.
These terms & conditions and the guarantee of terms contained in them do not affect the statutory rights of a consumer regarding faulty or mis-described products or services or any failure by Long Marsh Ltd in the supply of goods or the undertaking of work.
For more information about your statutory rights, please contact the Citizens’ Advice Bureau, they will also assist with information required by the Consumer Protection Act.
Long Marsh Ltd Registered Business Address. Heron House, The Embankment, Wellingborough, Northants, NN8 1LD Registered in England. Company No; 570773. VAT No: 119 908 252