Terms & Conditions

This agreement is made on the date shown in the schedule hereto between KM9 Ltd, trading as AM Auto Rent, having company number 10829625 (herein after called the "Owner") and the hirer named in the schedule here to (hereinafter called the "You"). Company registered address: 781 - 783 Harrow Road, Sudbury Town , Wembley, Middlesex HA0 2LP.

“The Owner” means KM9 Ltd, trading as AM Auto Rent and any of its employees.

“You” means the customer/hirer and/or the driver to whom the Owner may agree to lease the vehicle.

“The Vehicle” means the original or any replacement vehicle described in the agreement.

1. Your contract with us

When you sign the form over the page you accept the conditions set out in this rental agreement.

If you, the person signing the Agreement, are not the hirer, you confirm that you are authorised to sign for the hirer and you are both liable singly and together.

2. Rental period

You will have the vehicle for the rental period shown in the agreement. If you wish to keep the vehicle for a period longer than that originally set out in the rental agreement, you must contact the owner to extend the rental period.

If you fail to bring the vehicle back on time you are breaking the conditions of this agreement and will be charged additional rental at the daily rate quoted.

3. Your responsibility

During the rental period you must carry out the usual checks (engine oil level, tyre pressure, etc.) as would any careful user and you must respect the maintenance cycle of the vehicle as stated in the maintenance guide, if any.  You must always take good care of the vehicle, and protect the vehicle against any damage. You must make sure that you use the correct fuel and maintain the correct tyre pressures, oil and battery fluid levels.

You must never leave the vehicle unoccupied with the keys in the ignition

You will be responsible for any damage(s) caused to the vehicle, during the original or extended rental period. This includes, but is not limited to, damage caused to tyres due to misuse.

You will be liable for any offence committed during the rental period which related in any way to your use of the Vehicle, as if you were the owner of the Vehicle. When the rental starts, the Vehicle will be roadworthy and fit for normal use. If it is not, or if it becomes un-roadworthy or unfit for normal use during the rental because of mechanical breakdown or accident, you must inform the owner immediately.

The Owner will not be liable to you for any loss or damage (including but not limited to loss of profit or earnings) nor, to the extent permitted by the Law, for indirect consequential damages whether your action is based on contract or in tort.

You must not sell, rent or dispose the vehicle or any of its parts. You must not give anyone any legal rights over the vehicle.

You must not, either yourself or anyone else, work on the vehicle without the written permission of the Owner. If the owner gives you permission, a refund for the repair will only be given if you have a valid receipt or invoice.

You must bring the vehicle back to the place agreed with the owner during the opening hours displayed at that place. The owner must see the vehicle to check that it is in a good condition. If the owner agrees that you may return the vehicle outside business hours, you will remain responsible for the vehicle and its condition until it is inspected by the Owner.

You will have to pay for reasonable costs of repair if:

• The Owner incurs additional cost to return the vehicle to its condition when the pre-rental inspection was carried out (for example, if extra valeting time or special material or equipment is needed to restore the vehicle to this prerental condition) or;
• You have damaged any part of the vehicle.

Immediately prior to the commencement of the rental period, the owner, together with you, will check all visible internal and external damage on the vehicle. All damages will be recorded in the Damage Form, which will be signed by you and the Owner. At the end of the rental period, the vehicle will be examined again for internal and external damage. Any damage caused by you, in addition to the ones already documented in the Damage Form, will be pointed out to you. The repair costs for the additional damage will be charged directly to your Debit or Credit card.

In the event of measures by third parties, including attachment, confiscation or impounding of the vehicle, you must immediately inform the owner in writing. You will be liable for all damage, cost and /or expenses associated with the above measures and for any direct, indirect consequential damages (such as loss) to the vehicle unless it is demonstrated that the Owner is directly responsible for such confiscation or impounding of the vehicle.

Therefore in any case, neither owner not its employs will be liable to the contracting party for any amounts nor for any actions, law suits or claims related to any direct, indirect, consequential, punitive damages (such as loss of business, loss of profit) arising out of or in connection with the rental or the use of any vehicle whether the action is based on contract or in tort. You will indemnify and hold owner harmless for all claims, liabilities, damages, losses or expenses arising out f the rental and/or use of the vehicle.

4. Conditions of using the vehicle

The vehicle must only be driven by you and any other diver named over the page, and authorised in writing.

You or any other authorised driver must not:

• Use the vehicle for hire or reward;
• Use the vehicle for any illegal purpose;
• Use the vehicle for racing, pace making, testing the vehicle's reliability and speed or teaching someone to drive;
• Use the vehicle while under the influence of alcohol or drugs;
• drive the vehicle outside England, Scotland and Wales, unless prior written permission has been obtained.
• load the vehicle beyond the manufacture's maximum weight recommendations. You must make sure that the load is secured safely;
• if the vehicle in a commercial vehicle, use it for a purpose for which you need an operator’s licence if you do not have one
• Drive the vehicle in contravention of any traffic regulations.
• Use the vehicle for the carriage of persons for hire or reward whether express or implied.
• Use the vehicle knowingly for any unlawful purpose.

You or any other authorised driver must not use the vehicle for towing unless prior written permission is obtained from the owner.

5. Charges

You will pay the following charges:

a. The rental, deposit and any other charges as indicated by the Owner, prior to the commencement of the initial rental period. No part of the rental charges shall be refunded as part of an early return of the vehicle.

b. Any charge for loss or damage resulting from you not keeping to condition 3 above.

c. A refuelling service charge if you have used, and not replaced, the quantity of fuel that the owner supplied at the start of the original rental. The charge will be the cost of  refuelling plus £20.00 + VAT.

d. The full cost of repair if incorrect fuel is used in the vehicle.

e. Reasonable cost of repairing any additional damage which was not present at the start of the agreement, whether you were at fault or not. And the reasonable cost of replacing the vehicle if it is stolen, depending on any insurance you have, if and when the owner demands this payment.

f. A loss-of-income charge, when the owner demands it, if the owner cannot rent out vehicle because it needs to be repaired, it is a write-off (can't be repaired) or it has been stolen and the owner is waiting to receive full payment of the vehicle value. The Owner will try to make sure the vehicle is repaired or payment received as soon as possible.

g. Any charges arising from Customs and Excise seizing the vehicle, together with a loss - of - income charge while the owner cannot rent out the vehicle, if and when we demand this payment.

h. Any rates for delivering and collecting the vehicle.

i. Interest which the owner will add every day to any amount you do not pay us on time, at the rate of 4% a year above the base lending rate of Bank Of England

j. Value added tax and all other taxes on any of the charges listed above, as appropriate.

k. All fines and court costs for parking, traffic or other offences (including any costs which arise if the vehicle is claimed). You must pay the appropriate authority any fines and costs if and when the authority required or demands this payment. If you do not, you will also be responsible for paying £30 + Vat administration charges (additional to the cost of the fine), which arise when the owner deals with these matters. These include any penalty offence under part III of the road traffic offences act 1988 (or replacement legislation); any excess charge under s45 and 46 of the road traffic regulation act 1984 and under s66 of the road traffic act 1991 (or replacement legislation); and any penalty, fee or charge demanded by any authority or body because the vehicle is parked no on a public road or for any other reason (to include but not limited to congestion zone charging and motoring offences).

By signing over the page, you authorise the Owner to debit your account/Debit Card/Credit Card (details given overleaf) for all sums due in relation to the hire agreement, including fines and administration charged under j above.

6. Our insurance programme

The Vehicle is insured for the period mentioned on the rental agreement, for the benefit of Hirer and others between the age of 21 and 75 holding either a full British Diving licence or a valid International licence and driving with the Owner’s prior consent and named by the Hirer in the agreement. Unless otherwise agreed in writing by the Owner, once this period is passed, the contracting party remains liable to the owner for any damages to the Owner.

All the vehicles are insured against Bodily Injury and/or Property Damage that you might inflict on a third party as a result of an accident involving the Vehicle.

Collision Damage Waiver fee: for UK Licence holders £1000, for other License holders £1500

You are advised that any waivers you may have chosen will be invalidated if you fail to take reasonable measures for the safety of the Vehicle, its parts or accessories or fail to comply with all restrictions on the use of the vehicle or otherwise abuse or misuse it.

Your will not be exempt from liability towards owner in the case of breach of contract. Therefore, you will be responsible for any financial loss owner suffers as a result of such breach and for any relevant claims made by other people. You agree to pay any amounts owner spends in enforcing these terms.

If we arrange separate insurance; we will give you separate information on the insurance cover and any restrictions which may apply. Otherwise, the condition of our insurance will apply. By putting your initials in the appropriate box over the page you are accepting the conditions of our insurance.

a. we have all legal responsibility to have third party insurance, this proceeds cover for claims made if you injure or kill anybody, or damage their property (cover for damage to property is limited to £250,000).

b. we will provide cover for loss or damage to the vehicle if you have ticked the box marked 'damage liability' over the page, if you accept this, you still have to pay an amount up to the excess quoted overleaf every time you damage the vehicle.

7. Your own insurance

If we fill in the appropriate box over the page you may arrange your own insurance for the full duration of the rental as long as you can prove that this insurance is valid and have signed the confirmation over the page. You will have to agree with the owner on; (i) the amount of cover you arrange (ii) the type of policy and (iii) the insured you have chosen.

The owner must be satisfied with the cover and policy conditions, and you must not change them. The owner may ask your insurers to record their name as owners of the vehicle. If the vehicle is damaged or stolen you will let the owner negotiate with the insurers about whether the vehicle can be repaired or what compensations is due to the Owner. You are financially responsible for settling the full claim and paying all costs if the policy you have arranged fails and the vehicle is damaged, lost or stolen, or a claim is made-by any other party.

8. What to do if you have an accident

If you have an accident you must not admit responsibility. You should get the names and addresses of everyone involved, including witnesses. You should also:

• make the vehicle secure
• tell the police straight away if anyone is injured or there is a disagreement over who is responsible
• call the owner immediately

9. Data Protection

If you break the agreement we can give your details to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors and any other relevant organisation and if you make a claim, with the insurers. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), who can pass it on to any of its members for any purpose shown in the Data Protection Act 1998.

10. Ending the agreement

a. If you are consumer, the owner will end this agreement straight away if they discover that your belongings have been taken away from you to pay off you debts, or a receiving order has been made against you. The owner may end this agreement if you do not meet the min requirement of this agreement.

b. If you are a company, the owner will end this agreement immediately if:

• you go into liquidation;
• you call a meeting of creditors;
• they discover that your goods have been taken away from you until you pay off you debts; or
• you do not meet any of the conditions of this agreements

c. If the owner ends this agreement it will not affect their right to receive any money they are owed under the conditions of this agreement, they can also claim reasonable costs from you if you do not meet the main requirements of this agreement. The owner can repossess this vehicle (and charge you a reasonable amount) without using unreasonable force or causing damage.

11. Governing law

This agreement is governed by the laws of England. And depute may be settled in the English courts.