TERMS AND CONDITIONS OF HIRE
- Rental Agreements
- The Vehicle
- Delivery and Collection Service
- Rental Period
- Fines and Charges
- Vehicle Recovery
- Accidents, Theft and Damage
- Excess and Waiver
- Legal Rights over the Vehicle
- Changes to your Rental
- Mileage and Fair Usage Policy
- Replacement Tyres
- Free Charger Installation
- Payment Terms
- Direct Debit Mandates
- Internet, Email Communications and E-Commerce Transactions
- Data Protection Act and Consumer Credit Licence
- Right to Communicate
- The Contracts (Rights of Third Parties) Act 1999
- Cancellation Policy
- Use of Personal Information
- Personal Property
- Connected Cars and Your Privacy
- Applicable Law
- Date in Force
1.1 The contract is with us, the provider of the vehicle, and you as named on the rental agreement. The General Terms and Conditions are part of your rental agreement.
2.1 We must provide the vehicle and all mandatory safety equipment (‘vehicle’) in a roadworthy condition, properly taxed and licenced.
2.2 You must return the vehicle and optional extras in the same condition as provided, excepting fair wear and tear. Please ensure you have checked the vehicle thoroughly before you drive away. Please ask us to rectify the vehicle condition report at the beginning of the hire if there is any unrecorded damage.
2.3 You must: (i) exercise all reasonable care and skill when using the vehicle, (ii) Use the vehicle according to the laws of the country in which you are driving, (iii) Use the vehicle in a lawful manner and for lawful purposes, (iv) Lock the vehicle when you are not using it and ensure that all windows, roof openings, removable roof panels or hood are properly closed, (v) Stop using the vehicle immediately, if safe to do so, and notify us as soon as you become aware of a fault with the vehicle.
2.4 You must not: (i) leave the key in the vehicle, (ii) smoke in the vehicle, (iii) use the vehicle to transport flammable, explosive, corrosive or combustive material, (iv) allow any person other than an authorised driver to use the vehicle, (v) use the vehicle for any illegal purpose, (vi) use the vehicle for racing, (vii) transport any animals in the vehicle (without express permission from EVision Electric Vehicle Hire), (viii) use the vehicle for towing.
2.5 You may only drive in countries permitted by us.
2.6 Additional Drivers and Passengers: You are responsible for ensuring that any additional drivers are covered by insurance (whether by EVision self drive insurance or your own insurance) and you have added them to the rental agreement. Any passengers that you allow in the vehicle must observe these terms and conditions. You are responsible for any charges or costs we incur because an additional driver or passenger does not comply with these terms and conditions.
3.1 If you want us to provide insurance cover for the vehicle, then we will do so at an additional cost and the following terms will apply:
3.1.1 The vehicle may only be driven by your pre-notified driver and any additional driver(s) authorised by us.
3.1.2 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 or replacement of the vehicle, even though it was insured at the time.
3.1.3 You, the hirer, are liable for all negligent damage, including but not limited to, damage to and part of the vehicle body, mirrors, sidewalls of tyres, charging cable, light lenses, loss and/or damage to the keys.
3.1.4 Accidental damage will be covered by us over the pre-agreed excess value.
3.2 If you have decided that you want to provide your own insurance for the vehicle, then the following terms will apply:
3.2.1 It is your responsibility to insure the vehicle from the moment you take it until the time it is returned to us. The vehicle will remain on hire until it is physically in our possession and re-inspected by ourselves. If the return condition of the vehicle is not the same as supplied, the vehicle will remain on hire until such time as we receive a satisfactory settlement from you or your insurance company.
3.2.2 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 of the insurance cover upon request and you must tell the insurance company to note our interest on the policy. If you do not insure the vehicle comprehensively, and we suffer loss as a result, you must compensate us for that loss. If for any reason the amount we receive from the insurance company is less than the loss we suffer you must pay the difference.
4.1 If you use the ‘Delivery and/or Collection’ service, you are responsible for the vehicle once we have left it at the delivery address for you until we pick-up the vehicle.
5.1 You the hirer are responsible for the vehicle and any optional extras for the duration of the rental period:
5.2 Your rental period starts at the agreed time on your rental confirmation/rental agreement and ends when we acknowledge that we have the vehicle and keys back (‘check-in’) and the vehicle is in satisfactory condition.
5.3 You must return the vehicle (unless we are providing a collection service) during office opening hours to us at the agreed rental location. If you choose to drop off the vehicle ‘out-of-hours’ or if you leave before we check-in the vehicle, you do so at your own risk and remain responsible until check-in.
5.4 Early Returns: If you return the vehicle and any optional extras early, you will lose the benefit of any special offers if you do not meet their requirements. This may result in the rental costing you more. We will not refund any unused prepaid daily rental or optional extra charges to you.
5.5 Late Returns: Unless agreed differently, you must return (or make available for collection) the vehicle and any optional extras at the time/date and location stated on this rental agreement. EVision Electric Vehicle Hire will allow a grace period of 29 minutes from the agreed return time as shown on the rental agreement. If you have not extended your hire and we have not heard from you within the grace period of the agreed return time, you will be charged an additional day’s hire for every 24 hours the vehicle isn’t returned. EVision Electric Vehicle Hire may also regard the vehicle as having been stolen and will report this to the police. We will take all lawful means to recover the vehicle, including but not limited to repossession of the vehicle or obtaining a Court Order requiring you to return the vehicle and/or pay us an amount equal to the car’s market value.
5.6 If EVision have to take steps to recover the vehicle, you hereby give permission (which cannot be withdrawn) to access your premises for the purposes of recovering the vehicle so long as we do not use unreasonable force or cause damage; and you must pay all our reasonable costs (including legal or professional costs), charges and fees (including where applicable, any administration fee or damage administration fee or unauthorised extension fee).
6.1 You must pay the amounts on the rental agreement for the vehicle and for any optional extras for the rental period, including the agreed deposit, in advance, unless you have an approved credit account. You must pay for any extensions to the rental period, including for optional extras that you agreed to. You must pay costs for theft and damage repairs, specialist cleaning services, towing fees, toll charges, recovery fees (impountation by police, customs officers or any other personal working in an official capacity), parking (including any Tesla supercharger idle fees, these are at a charge of £0.70 + VAT), traffic or other fines and charges and related administration and processing fees, if due in accordance with these terms and conditions.
7.1 You must pay for any parking charges or traffic fines incurred during the rental period related to your use of the vehicle. These include any fixed penalty offences under part III or section 66 of The Road Traffic Act 1988; in pursuit of an order under section 45 and/or 46 of The Road Regulation Traffic Act 1984; incurred under The Road Traffic Act 1991 or parking charges issued on private land in accordance with Schedule 4 of the Protection of Freedom Act 2012.
7.2. Penalty Charge Notice
In the event that the Hirer does not pay any fines or charges that relate to their use of the vehicle, for any reason, EVision will probably receive a Penalty Charge Notice or a request for the details of the driver from the appropriate competent authority. In this case, EVision will supply the required information in a timely and swift manner. The process of identifying the vehicle and hirer and supplying the appropriate information, usually by post and with copy documentation is lengthy and time consuming. In this case, EVision will charge the hirer an admin fee of £10+VAT to cover the time and costs of processing this mandatory documentation.
8.1 You must pay for any recovery costs and administration costs if the vehicle is impounded by the police, customs officers or any other person or body working in an official capacity.
9.1 You must notify (i) the police immediately (if necessary) and (ii) EVision Electric Vehicle Hire, if the vehicle has been involved in an accident or damage event, even if no third party was involved.
9.2 If the vehicle is lost, stolen or damaged and you are using our self drive insurance you must pay the excess stated in the rental agreement, as well as on-going rental charges until the vehicle is repaired or replaced. If you are not using our self drive insurance and therefore providing your own insurance cover then you/your insurers are responsible for damage repair costs/replacement costs and on-going rental charges until repaired/replaced.
9.3 You are not liable for any loss or damage to the extent attributable to our failure to maintain the vehicle.
10.1 If the loss or damage is attributable to (i) your deliberate or fraudulent act, omission or gross negligence (to the extent that such terms are used under applicable law) or (ii) a deliberate breach of section 2 (The Vehicle) and 9 (Accidents, Theft and Damage), any self drive insurance provided by us will not cover you and we will be entitled to claim losses or damages against you in an amount equal to the severity of the negligence up to the full amount of the damage or loss we have incurred or will incur (whichever is greater), to the extent allowed under applicable law. EVision Self Drive Insurance doesn’t cover any tyre damage or screen damage.
10.2 If you are using your own insurance and the car is damaged, you are liable for any additional rental costs while the vehicle is being repaired. EVision Electric Vehicle Hire will only accept return of the vehicle once necessary repairs have been carried out on the vehicle by a repairer who has been approved by EVision Electric Vehicle Hire.
11.1 The rental agreement does not confer any legal ownership rights of the vehicle to you.
11.2 You must not:
- Sell, rent or dispose of the vehicle.
- Give anyone any legal rights over the vehicle.
- Let anyone carry out work on the vehicle without the express permission of EVision Electric Vehicle Hire.
11.3 If the loss or damage is because of the additional driver’s or passenger’s deliberate or fraudulent act, omission or gross negligence (to the extent that such terms are used under the applicable law) then section 7 equally applies in those circumstances.
12.1 You must pay for any increase in hire prices if you change the rental period or if you exceed the agreed mileage (where applicable). All vehicles are subject to availability. You must pay a collection fee if being collected at the end of the hire unless pre-agreed to the contrary, and also if you return the car to a different location other than the approved collection and return locations as specified by EVision Electric Vehicle Hire.
13.1 All cars are subject to our Fair Usage Mileage Policy which is up to 20,000 miles per 12 month hire pro rata for hires in excess of 3 months. For hires under 3 months, this is 150 miles per day. Miles over this limit will be charged at £0.15 per mile + VAT.
13.2 All Tesla Model S, Model X & Model 3s benefit from free and unlimited supercharging at all Tesla Supercharging Points. This is in conjunction with our Fair Usage Policy (up to 20,000 miles charged at Tesla Superchargers per 12 month hire).
14.1 One set of 4 tyres per annum is allowed during any rental period. If more than one set of four tyres is needed throughout a 12 month period of hire then the hirer will have to replace additional tyres at their own cost.
15.1 For all hires 12 months and greater, EVision will provide a free vehicle charging point (installation not included).
16.1 Our payment terms for all bookings (except for credit account bookings) are: full deposit + rental amount or 1 month’s hire (whichever is the lesser) to confirm any booking. Wedding car balances will be taken 30 days prior to the event. Any charges on your credit card statement may be shown as “H.E. Services (Plant Hire) Ltd”.
17.1 All credit accounts shall be paid within 30 days of the invoice date.
17.2 Punctual payment of hire charges shall be the essence of this Hire Agreement and the Hirer shall be in breach of this Agreement if any part thereof shall remain unpaid for more than seven days after becoming due.
17.3 Where a Direct Debit mandate payment is cancelled, rejected or is unpaid by the Hirer’s bank, or where a Debit / Credit Card payment has been rescinded, interest shall be charged and be payable upon the unpaid amount(s) of any accounts or invoices immediately. Also, interest shall be charged and be payable upon the amount(s) of any accounts or invoices remaining unpaid beyond 30 days, such interest to be calculated at the rate of 2.5% per month to be calculated on a daily basis on the balance outstanding and compounded monthly.
17.4 If any account remains outstanding after a period of 60 days from invoice date, is over its credit limit or if credit facilities have been withdrawn, the matter may be referred for debt collection action and EVISION ELECTRIC VEHICLE HIRE reserve the right to pass the cost (both internal and external) of any such service, including that of Solicitors (both before and after the issue of court proceedings) or other action under The Insolvency Act 1986 (if any), on to the Hirer’s account which amount will be due and payable within 14 days. Internal costs include, but are not limited to, i) £15 for each telephone call made to request payment of an outstanding account as described above, ii) £25 per calendar month Arrears Management Fee, iii) £100 for each visit by EVISION ELECTRIC VEHICLE HIRE manager or external field agent. The internal costs that are added to the account reflect the cost of the additional administrational work carried out whilst managing the outstanding account as described above.
17.5 Where the Hirer has a grievance for which they believe they are due a credit, the undisputed sum whether part of an invoice or a number of invoices must be paid within EVISION ELECTRIC VEHICLE HIRE ’ standard credit terms. EVISION ELECTRIC VEHICLE HIRE accept that part payment of an invoice in these circumstances shall not be considered proof that the entire invoice is accepted as payable by the Hirer. Interest will accrue on the undisputed sum if payment is not received to terms in accordance with Clause 17.3. If the disputed sum is proved to be owing to EVISION ELECTRIC VEHICLE HIRE or is paid by the Hirer to EVISION ELECTRIC VEHICLE HIRE then EVISION ELECTRIC VEHICLE HIRE reserve the right to charge interest on this originally disputed sum as well. Interest will be charged at the rate shown in clause 17.3.
17.6 If discount is negotiated from EVision Electric Vehicle Hire list prices these discounts are conditional upon payment being made to EVISION ELECTRIC VEHICLE HIRE’s terms. EVISION ELECTRIC VEHICLE HIRE reserve the right to disallow such discounts where payment is overdue and therefore invoice the discount amount, which will be immediately payable.
17.7 Where the Hirer is also a supplier to EVISION ELECTRIC VEHICLE HIRE, EVISION ELECTRIC VEHICLE HIRE reserves the right to deduct any monies outstanding by the Hirer to EVISION ELECTRIC VEHICLE HIRE from purchase ledger payments to the Hirer from any H.E. Group / Associated Company.
17.8 Payment for short-term rental will need to be made in full at the start of the hire period, unless the Hirer holds an approved credit account.
17.9 Payment for all long-term rental will need to be made monthly, in advance unless the Hirer holds an approved credit account. This amount will be invoiced on the 1st of every month. If the hire is to start mid-way through the month, you will be charged the remaining days of the month at a daily pro rata rate and then from the 1st you will be invoiced for the monthly rental, in advance.
18.1 As part of EVISION ELECTRIC VEHICLE HIRE Direct Debit Guarantee if an error is made by EVISION ELECTRIC VEHICLE HIRE or the Bank/Building Society, the Hirer is guaranteed a full and immediate refund from the branch of the amount debited.
18.2 Where EVISION ELECTRIC VEHICLE HIRE hold mandates, payments will be taken on the last working day of each month for the preceding month’s invoices for approved credit accounts unless otherwise agreed. In cases where the credit limit is exceeded, payments on account may, at EVISION ELECTRIC VEHICLE HIRE ’ discretion, be taken weekly but the Hirer will be advised in advance of the amounts and dates. If no credit account is held then payments (including deposit payments) will be taken in advance of the hire.
18.3 Some accounts are offered by EVISION ELECTRIC VEHICLE HIRE only provided a Direct Debit Mandate is completed. Additional credit is also occasionally offered to some account holders because EVISION ELECTRIC VEHICLE HIRE hold a signed mandate.
18.4 EVISION ELECTRIC VEHICLE HIRE reserve the right to close an account or reduce a credit limit as it deems fit if a Direct Debit Mandate is cancelled rejected or unpaid. Should an account be closed for this reason all outstanding monies become due for immediate payment.
19.1 Where available, hirers may place orders direct on the EVision Electric Vehicle Hire website at www.evrent.co.uk using an electronic order form/system and/or e-commerce solutions. Hirers that hold a credit account may use an “account order” form. Hirers paying by credit card must use a “credit card order” form. The provision of details by the Hirer using either of these methods shall not be considered an order until confirmed to the Hirer by EVision Electric Vehicle Hire.
19.2 Where correspondence/transactions are carried out by e-mail or e-commerce, the electronic “signature” or e-mail “signature” shall constitute an authorised signature on behalf of either party and shall bind both parties to the hire contract.
19.3 Although EVISION ELECTRIC VEHICLE HIRE and its e-commerce provider will take all reasonable steps to ensure security is of the highest order, no warranty is given that e-commerce solutions provided by EVISION ELECTRIC VEHICLE HIRE are secure.
20.1 EVision Electric Vehicle Hire use a number of credit reference agencies and other organizations to protect itself from fraud and bad credit risk as well as taking references from Trade Suppliers and Bankers where appropriate. By applying for an account with EVision Electric Vehicle Hire, the Hirer hereby agrees that EVision Electric Vehicle Hire may access, store and use such information about their Company and/or Directors and/or Shareholders and/or Partners to allow EVision Electric Vehicle Hire to decide whether to offer or continue to offer credit.
20.2 Searches of information held by credit reference agencies, including the Electoral Register, may be carried out. This is done in order to assess the application (even if it does not proceed fully), prevent fraud and confirm identity. Searches are logged by the credit reference agencies and other parties who make searches in the future will be able to see this information.
20.3 For its part EVision Electric Vehicle Hire agrees that any information accessed as detailed in clause (a) above will be held solely for the purposes detailed in the said Act and that at no time shall this information be imparted to a third party except to EVision Electric Vehicle Hire’s legal representatives or where EVision Electric Vehicle Hire is required to by law.
20.4 EVision Electric Vehicle Hire’s parent company, H.E. GROUP Ltd are registered under the Data Protection Act. Details are available upon written request to the Financial Director at H.E. GROUP’S Head Office.
21.1 By applying to open an account with, or hiring from, or requesting a quotation from EVision Electric Vehicle Hire, the Hirer hereby confers upon EVision Electric Vehicle Hire the right to contact the Hirer by telephone, e-mail or facsimile to offer advice, supply invoices / statements and the like, marketing and promotion or additional services that EVision Electric Vehicle Hire believe will be of interest to the Hirer.
21.2 EVision Electric Vehicle Hire reserves the right to record any incoming or outgoing telephone conversation, for training, monitoring or other purposes.
22.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to any contracts or agreements entered into between EVision Electric Vehicle Hire or its parent company, H.E. GROUP & The Hirer.
23.1 If any provision in these conditions is held by any competent court of law to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provisions in question shall not be adversely affected thereby.
23.2 EVision Electric Vehicle Hire and its parent company, H.E. GROUP Ltd shall not be liable to the Hirer nor be deemed to be in breach of any of these conditions by reason of any delay in performing or failure to perform any obligation of these conditions due to any of the following causes, which are beyond its control:
(a) Act of God, explosion, flood, tempest, fire, or accident.
(b) War or threat of war, sabotage, insurrection, civil disturbance, or requisition or act of terrorism.
(c) Acts, restrictions, bye-laws, regulations, prohibitions, or measures of any kind on the part of any governmental parliamentary or local authority.
(d) Strikes, lock-outs or other trade disputes
(e) Difficulties in obtaining new vehicles, labour, fuel, spare parts or machinery.
(f) Power failure or breakdown in cars or machinery.
23.3 This contract shall be governed by the laws of England and is subject to the exclusive jurisdiction of the English Courts.
23.4 Notwithstanding anything to the contrary in the absence of any specific condition English common law applies.
23.5 EVision Electric Vehicle Hire shall be entitled at any time and from time to time to vary or replace the terms and conditions and exceptions herein contained without advance notice.
23.6 No variation to these terms and conditions shall take effect or have any affect in law unless the variation has been agreed and confirmed in writing to the Hirer by a Director of EVision Electric Vehicle Hire’s parent company, H. E. Group Ltd.
23.7 Sanctioned Countries: EVision Electric Vehicle Hire is unable to accept payment from debit/credit cards from any country sanctioned by the Treasury Department’s Office of Foreign Asset Control (OFAC). The list of sanctioned countries is updated periodically.
24.1 All cancellations will need to be provided in writing to EVision Electric Vehicle Hire, this documentation will need to include: name of the hirer, start and end date of hire and the model of the vehicle being hired.
24.2 If a booking is cancelled within 48 hours from the starting period of the hire, 50% of all rental monies up to a maximum of £500 will be non-refundable.
24.3 If a booking is cancelled within 24 hours from the starting period of the hire, 100% of all rental monies up to a maximum of £500 will be non-refundable.
24.4 If a booking is cancelled within 7 days from the starting period of the hire, 25% of all rental monies up to a maximum of £500 will be non-refundable.
24.5 If a booking is cancelled prior to 7 days from the starting period of the hire, a full refund will be issued. However, a £40 handling fee will be deducted.
24.6 If a wedding booking is cancelled within 3 months from the start of the hire period, the deposit will be non-refundable.
24.7 If a wedding booking is cancelled within 30 days from the start of the hire period, the full hire amount will still be charged to the customer.
24.8 If a customer does not appear within 15 minutes at the time and place designated as a pickup point, all monies will be non-refundable.
25.1 Vehicles may be fitted with geo-location systems and tracking devices to locate the vehicles in case a vehicle is stolen or not returned to the rental location, or to locate a vehicle in the case of an accident or breakdown. All hirer’s agree to accept the use of such systems.
26.1 EVision Electric Vehicle Hire use your personal information to (1) provide the rental services to you and (2) decide whether to provide future rental services to you. We will provide your personal information, to the extent the law allows and, if necessary, with your express consent, to:
26.2 Law enforcement, local authorities and parking companies if they have the right to your information and it is required by law, including to make any necessary checks to verify the validity of your driving licence.
26.3 To third parties who act on our behalf in claims administration, in collecting monies that you owe us.
26.4 Any party that we are required to provide your information to by law.
26.5 You have a legal right to access the information we hold about you, and, if justified, you may ask for this information to be corrected, modified, blocked or removed. The data controller is H.E. GROUP Ltd.
27.1 EVision Electric Vehicle Hire is not responsible for any loss or damage to any personal belongings placed in or on the vehicle which will at all times be your responsibility. You must not leave any personal belongings in or on the vehicle when you return it to us. You are responsible for checking and removing your personal belongings from the vehicle. Any personal belongings left in or on the vehicle which remain unclaimed for 2 months after the end of the hire period will be disposed of.
28.1 A range of cars on the EVision fleet have been manufactured so as to be connected to the internet and to collect and provide certain categories of information (including your personal information) to us and to the manufacturer of the vehicle (‘connected car’). The use of the connected car data collected is primarily to ensure the vehicle is in safe working order. These devices are turned on all of the time, even when other media in the vehicle is switched off. The data a connected car can provide includes battery charging information, diagnostics information, mileage readings, vehicle commands, GPS data, information collected by the infotainment system and emergency calling (eCall). We will not store any data unless we have your express permission or where we are required to do so by law.
28.2 The hirer hereby agrees not to switch off or disable in any way the connected functions of the car. The hirer also hereby agrees not to amend any of the connected settings including the car’s ‘name’, PIN to drive settings and the like. In the event that the hirer does change any of the car’s connected settings then a charge will be raised to the hirer of a minimum of £50 + VAT for reinstating the settings.
29.1 This rental agreement operates exclusively under English Law and under the jurisdiction of the English Courts. Any disputes must be settled in the Courts of England.
30.1 These terms and conditions are in force from the 1st of January 2020 and overrule any previous terms and conditions.
30.2 Car manufacturers who have access to this data will also be a data controller and are subject to any relevant data protection laws.
30.3 EVision Electric Vehicle Hire will only access and retain information where it is necessary and there is a legitimate reason for doing so.
30.4 Any information obtained by EVision Electric Vehicle Hire will only be retained for as long as our legitimate needs require and will be securely destroyed upon completion of these legitimate aims.
30.5 EVision Electric Vehicle Hire will not use location data to generally track or monitor your movements.
30.6 EVision Electric Vehicle Hire will not track your car usage unless there is a legitimate reason for doing so.
30.7 The hirer must not turn off any connected capabilities which are turned on in case EVision needs to track the vehicle for a legitimate reason, such as theft of the vehicle or where the vehicle is involved in an accident. If you do not wish to hire a connected car, speak to one of our advisors who will recommend an alternative vehicle to you.