Terms and Conditions for Using Minibus
Minibus Users Agreement Page 1 of 2 In this Agreement the following terms shall have the meanings hereby respectively assigned them. The User acknowledges that: (a) the vehicle is fit for his purpose and undertakes to return it and its accessories to the place and on the date due back specified overleaf; (b) he has received the vehicle free from apparent defects or damage (except as indicated ); (c) TPC has no liability in respect of any injury, loss or damage arising from the use of the vehicle, nor shall TPC be liable for any indirect loss or damage, or, in the case of consumers, damage which was not foreseeable by both parties; (d) TPC shall not be liable for damages arising from defects or mechanical failures which are not attributable to any breech of the manufacturer’s warranty or any warranty implied by law to take reasonable care or exercise reasonable skill. (e) the vehicle must not be used otherwise than on a public highway or a suitably paved area designed to carry motor vehicles. During the period of use the User shall keep the vehicle and its accessories in his or any approved driver’s possession and free from legal process or lien and when not in use adequately protected and secured. The User and any driver shall ensure that the vehicle will not be used: (a) for hire or reward or the carriage of goods in connection with trade or business. (b) for racing, pace-making, rallying, speed testing, driving tuition or similar purposes or for propelling or towing any vehicle, trailer or other object. (c) in any manner which might render void the insurance policy, or other contract of insurance. (d) for any illegal purpose or in contravention of any legislation affecting the vehicle, its use or construction. (e) by any person who: (i) is not licensed to drive the vehicle. (ii) is less than 25 years of age or over 69. (iii) is under the influence of drink or drugs. (iv) has given a fictitious name or address. (v) has not been approved by TPC as a driver. (vi) has been convicted of a motoring offence the details of which have not been disclosed in writing to TPC at the commencement of the use. (f) outside England, Wales or Scotland without prior written consent of TPC. User: The person named as such overleaf. Driver: The User and/or other person named as such overleaf or any other person specifically approved by Twyning Parish Council (TPC) to drive the vehicle during the duration of this agreement Excess Amount: The sum specified overleaf as the excess amount. Excess Waiver Contribution: A Contribution calculated in accordance with TPC’s current recommended contribution which limits the User’s liability to pay the Excess amount to the amount of the non- waivable excess. Vehicle: Accessories: The original vehicle described overleaf or any replacement vehicle The spare wheel, tools and other items with which the vehicle is supplied and any replacement thereof Period of Use: The period from the date and time out stated overleaf until the re-delivery of the vehicle into the physical custody of TPC. Non Waivable Excess: The User’s liability will be limited to the amount of the non-waivable excess if Excess Waiver is purchased in accordance with TPC’s current recommended contribution or is part of an inclusive recommended contribution rate offered by TPC. Insurance Contributions: Personal Accident, Personal Effects & Goods in Transit Contributions which entitle the User to the benefits of the cover set out in the master policies issued to TPC. User Charges: The charges for the period of use calculated in accordance with TPC’s current recommended contribution. Current Recommended contribution: TPC’s recommended contribution current at the commencement of use. The Insurance Policy: TPC’s policy of insurance on the vehicle a copy of which is available for inspection with the organiser. Refuelling Charge A surcharge which is added to the cost of the amount of ‘Top-Up’ fuel needed when the vehicle is returned to TPC. Calculated in accordance with TPC’s current recommended contribution. Minibus Users Agreement Page 2 of 2 The User agrees to pay on demand: (a) the agreed contribution, any account not having been paid within 28 days of invoice date will result in the user agreement being terminated and legal action taken to recover all amounts due together with all reasonable costs and administration charges. (b) any appropriate Excess Waiver or Personal Accident, Personal Effects or Goods in Transit insurance Contributions, and any Refuelling and miscellaneous charges. (c) the excess amount in respect of each incident resulting to or loss of the vehicle, its accessories or any property left stored or transported in or upon the vehicle. The full cost of uninsured damage to, or loss of the vehicle. (d) all fines and court costs incurred in relation to the vehicle by the User or TPC from the commencement of the use of the vehicle until the vehicle is returned to TPC, except where caused through the fault of TPC. (e) any Valued Added Tax, local or other taxes payable in respect of any of the above. The User shall compensate TPC in full on demand for any loss it suffers as a result of any damage, fire or theft to or of the vehicle including loss of revenue to TPC for the period during which the vehicle shall remain unavailable for use by reason of such matters and any claims made by any persons in respect of the vehicle whilst it is in the User’s custody. Should the vehicle be deemed to be beyond economical repair, or stolen and not recovered, the donation will continue until settlement in full is received. This clause applies whether you have insurance or not. If the User indicates overleaf that you want to provide their own insurance for the vehicle the following terms apply; it is the Users responsibility to insure the vehicle from the moment it is taken to the time of its return to TPC. The User must insure the vehicle to its full value, against any such loss or damage (including windscreen damage) by accident, fire or theft, under a comprehensive insurance policy with a reputable insurance company. The User must supply TPC with details whenever they are asked for, and the User must tell the insurance company to note TPC interest on the policy. The User hereby authorises their insurer to communicate directly with TPC and give any information required in respect of validating insurance cover on the vehicle. The User must also authorise TPC to take over any claim which may relates to the used vehicle, and to negotiate and settle directly with the insurer. The User must not use or permit the vehicle to be used in breach of the insurance policy. If any monies are paid out under the policy which relates to the vehicle then the User must make sure that the money is paid directly to TPC. If the vehicle is not comprehensively insured and TPC suffers a loss as a result, the User must compensate for that loss in full. If for any reason the amount TPC receives from the insurance company is less than the loss that TPC suffers the User must pay the difference Any excess on the Users policy is their responsibility. If the User becomes aware of any changes to their policy TPC must be contacted immediately. The User and any driver shall: (a) ensure compliance with the terms, conditions and limitations of the insurance policy, which shall be deemed to be included in this agreement as if the same were fully set out herein. (b) inform TPC immediately of any loss or damage to or fault developing in the vehicle. (c) at the request and cost of TPC permit to be done in his own name all acts and things as may be reasonably required by TPC for the purposes of repairing the vehicle or enforcing any rights or remedies or of obtaining relief from other parties in respect of any loss or damage to or in connection with the vehicle or its accessories. (d) indemnify TPC against any loss incurred by reason of any breach of this Agreement by the User or any driver. (e) ensure that the maximum payload and individual axle plated weights are not exceeded. (f) be responsible for the loading and unloading of the vehicle. (g) obtain or maintain any necessary operator’s licence. the User and any driver shall not: (a) without prior consent of TPC incur any liability for repairs to the vehicle in excess of £25. (b) be the agent or servant of TPC for any purpose. (c) make any claim for loss of or damage to any property left stored or transported in or upon the vehicle unless due to the negligence of Twyning Parish Council. Even if an excess waiver Contribution is paid, the User shall be responsible for the payment of any excess amount where the loss of or damage to the vehicle or its accessories arises from the negligent or wilful action of the User or any driver. This excess waiver cover shall not extend to any damage caused to any glass incorporated into the vehicle, its tyres or damage occurring above or resulting wholly or partially from damage above the gutter line of the cab. Loss of revenue billing will be charged where necessary, whilst the vehicle is under repair. The period of use as specified overleaf shall not be extended without TPC’s express authorisation in writing and in any event the period of this Agreement shall not exceed 90 days. If the User does not comply with any of these conditions he shall return the vehicle to TPC immediately and pay to TPC on demand any loss it suffers in respect of the User’s non compliance, failing which TPC shall be at liberty to retake possession of the vehicle and you hereby authorise us to enter onto your property to do so. All costs and expenses incidental to recovery of the vehicle shall be repaid by the User to TPC on demand. Any addition to or alteration of the terms and conditions of this Agreement should be agreed in writing by the parties. Nothing in these terms and conditions shall be deemed to exclude or restrict TPC’s liability for death or personal injury resulting from negligence or any other liability of TPC which cannot be excluded as a matter of law. THESE TERMS AND CONDITIONS FORM PART OF THE USER AGREEMENT.