Rental Agreement Terms & Conditions
These are the terms and conditions under which the vehicle is rented to you by MacGillivray Motors Ltd and on which any insurance cover is provided for you by us. They specify what you need to know about your rental, including the requirements you must meet to rent a vehicle, our responsibilities to you and your responsibilities to us as the hirer.
It is important that you read and understand these terms and conditions before you sign the rental agreement or complete an online reservation. If you make an online reservation, it will be assumed that you have read these terms and conditions and that you agree to fully abide by them.
If there is anything that you do not understand or agree with, please contact us or speak to a member of staff at the rental location. We will be happy to go over the terms and conditions with you.
- Your contract with us
- Our responsibility to you
- Conditions of rental
- Vehicle rental price
- Cancellation policy
- Collecting the vehicle
- Vehicle condition and inspection on collection
- The rental period
- Responsibility during the rental period
- Roadside assistance
- Reporting an accident or theft
- Charges for damage, theft or loss
- Speeding, parking and traffic fines and charges
- Returning the vehicle
- Vehicle condition and inspection on return
- Optional extras
- Lost property
- Use of personal information
1. Your contract with us
The contract is with you, the person named on the rental agreement, and MacGillivray Motors Ltd. The contract sets out our responsibilities to you and your responsibilities to us when renting a vehicle and any optional extras.
The person who signs the rental agreement must be the person who pays for the rental and the main driver of the vehicle.
You must inform us if you wish to sign the rental agreement on behalf of somebody else, for example your employer. By signing on behalf of someone else, we will be entitled to assume that you have their agreement to commit them to these terms and conditions and to pay all the charges and other costs detailed. If you are not authorised to sign for someone else, you will be responsible as if you signed the rental agreement in your own name.
By signing the rental agreement, you agree to: accept the terms and conditions of the rental agreement; pay the amount stated in the rental agreement for the rental of the vehicle and any optional extras; pay any charges, fees or fines due in accordance with these terms and conditions; allow us to charge these costs to your payment card.
2. Our responsibility to you
We will ensure that the vehicle provided is in a safe, clean and roadworthy condition, properly taxed and licensed. We will have maintained the vehicle to at least the manufacturer’s recommended standard and we will inspect the vehicle at appropriate intervals to ensure its safe operation.
We will make every effort to provide the exact make and model reserved, but it may be that a similar, or better, vehicle will be offered. The condition of the vehicle will be agreed at commencement of rental by both parties.
We will ensure that you are familiar with the basic controls, operation and use of the vehicle before driving the vehicle.
3. Conditions of rental
Before we can rent a vehicle to you, you must provide us with proof of identity and a current, full valid driving licence. You must also fulfil the eligibility criteria as set out by our insurers. Any driver who cannot show a full valid licence or provide proof of identity will be unable to drive the vehicle.
- You must be in possession of a current, full valid driving licence
- You must be aged between 25 and 75 years old
- You must have at least 24 months driving experience of a motor vehicle as a fully licensed driver under a driving licence issued in the United Kingdom, EU, USA, Canada, South Africa, Australia or New Zealand. If you hold a licence from outwith the aforementioned, please contact us directly for further advice.
All drivers must provide us with a current driving licence and 2 forms of additional identification. We will accept 2 primary documents or 1 primary document and 1 secondary document as detailed below. UK Licence holders must also provide us with a ‘check code’ from the Driver and Vehicle Licence Agency which can be accessed online: https://www.gov.uk/view-driving-licence
- Credit Card
- Bank Cheque Card with Cheque Book
- Bank or building society correspondence
- Utilities account – gas, electricity, water
- Council Tax book
- Insurance Policy Schedule for life assurance, household building and contents cover
Dates shown on any secondary documents must be within the last 3 months.
The vehicle cannot be let out on hire to or driven by:
- Persons who have been involved in more than one motoring accident or claim within the preceeding 3 years
- Persons who have been convicted of any motoring offence or have a prosecution pending other than parking or one speeding offence
- Persons who have referred any medical condition requiring Driver and Vehicle Licensing Agency (DVLA) notification and authorisation has been granted by the DVLA
- Person who have been refused motor insurance at normal rates and terms or have been declined insurance or had any insurance policy cancelled by an insurer.
4. Vehicle rental price
The vehicle rental price quoted at the time of reservation is calculated on the start and end dates of the rental period and the type of vehicle requested for rental. The price of optional extras such as additional driver(s) and the hire of child seats are calculated on your start and end dates and the amount of time you rent for. All prices quoted include VAT, insurance and roadside recovery costs.
We accept a variety of payment types including all major credit and debit cards, BACS and PayPal transactions. Vehicle rental includes fully comprehensive insurance. A £500.00 excess applies and requires to be guaranteed by credit card upon commencement of rental.
When you sign the rental agreement or make an online reservation, you are giving us and the card provider permission to charge your card with money payable by you under these terms and conditions.
6. Cancellation Policy
Reservations must be cancelled in writing, by email, no later than 7 days in advance of the start date of the rental. Cancellations made less than 7 days prior to the start date of the rental will be subject to a cancellation fee of £50.00. Cancellations made less than 24 hours prior to the start date of the rental will be subject to the full cost of the rental being deducted.
No refunds will be given for rentals ended early, late collections, no shows or cancellations made after the rental start date.
7. Collecting the vehicle
Vehicles can be collected from MacGillivray Motors Ltd during normal working hours or outwith by prior arrangement. We are a five minute walk from the Armadale Ferry Terminal and can meet you on your arrival if requested. Other collection points can be arranged upon request and will incur an additional charge, which will be calculated on associated mileage and staff costs.
Whilst every effort will be made to provide the exact make and model reserved, it may be that a similar, or better, vehicle will be offered. In the unlikely event that we are unable to provide you with a vehicle at collection and you need to find alternative means of transport until we can get a vehicle to you, we will reimburse you for your reasonable additional costs.
8. Vehicle condition and inspection on collection
The vehicle will be provided to you in a safe, clean and roadworthy condition, properly taxed and licensed. Any existing damage will be stated on the vehicle condition report and prior to the rental commencing, you will have the opportunity to check and agree both the interior and exterior condition of the vehicle. The vehicle condition will be agreed by both parties.
9. Rental Period
You will have the vehicle for the rental period shown in the agreement. Extensions to the agreed rental period are at the discretion of MacGillivray Motors Ltd. Prior agreement is required in order for extension to be considered and approved. It is imperative that we are informed of any required extension before the end of the original rental period to ensure continual insurance cover.
If you do not bring the vehicle back on time you will be breaking the conditions of the rental agreement. We will charge you £50.00 for every day you have the vehicle after you should have returned it to us. We will also take steps to find the vehicle which could include reporting the vehicle as missing or stolen to the police.
If you fail to return the vehicle at the agreed date and time you will have to pay the full cost of recovery, the loss of rental income we incur and any costs we have to pay to third parties in relation to the vehicle.
10. Responsibility during the rental period
You will be responsible for the vehicle, its accessories and its parts and fully liable under these terms of rental from the moment we give you the keys. Only drivers named on the rental agreement are permitted to drive the vehicle.
It is your responsibility to ensure that you:
- Adhere to UK road safety laws. View these online: https://www.gov.uk/browse/driving/highway-code-road-safety
- Drive with due care and attention
- Observe speed limits
- Use the correct fuel
- Maintain tyre pressure, water and oil at the correct levels
- Lock the vehicle when you are not using it
- Contact us as soon as you become aware of a fault in the vehicle
The vehicle must not be used:
- For the carriage of goods of an explosive, dangerous or hazardous nature
- For the carriage of goods or passengers for hire or reward
- To push or tow any trailer or any other vehicle
- To carry any animals without our prior agreement
- To drive off-road, on a racetrack, for racing, or for teaching someone to drive
All of our rental vehicles are strictly non-smoking, in line with UK legislation. Any evidence of smoking in the vehicle will result in a £100 fine.
11. Roadside assistance
Roadside assistance is included free of charge under the terms of the rental agreement. If you need to call for roadside assistance, you must only call us or our roadside assistance provider. Their contact details can be found on the inside of the front windscreen. They will try to fix the problem at the roadside, but if they cannot, they will take you and your party to the rental location where we will try to repair the vehicle or provide you with a replacement.
12. Reporting an accident or theft
If the vehicle, or any of its parts or accessories, is stolen or damaged by a criminal act or if it is involved in an accident in which someone is injured, you must follow these procedures:
- Immediately report it to the police and obtain a police report or crime reference number
- Do not admit responsibility to any third party
- Complete the Incident Form which is provided in each rental vehicle, to include the names and addresses of everyone involved, including witnesses and passengers
- Report the incident to us as soon as possible and within 24 hours and provide us with the police report or crime reference number and the keys (if possible)
- If the vehicle is not safe to drive, make it as secure as possible and call us to arrange recovery
- Do not try to repair the vehicle yourself or let anyone else do so unless we have agreed to it
By signing the rental agreement, you agree to help us with any insurance claim related to the incident.
13. Charges for damage, theft or loss
Vehicle rental includes fully comprehensive insurance. A £500 excess applies and requires to be guaranteed by credit card upon commencement of rental.
You are responsible for the damage repair amount up to the value of the excess in respect of each and every incident involving the rental vehicle. This includes punctures, damage to wheels, wheel trims, tyres, windscreen, lost or broken keys and any damage due to negligence; the cost of damage resulting from incorrect fuel; any damage to additional extras such as child seats and GPS devices; and any costs incurred due to additional cleaning services.
If the vehicle is lost or stolen during the rental period you are responsible for paying an amount up to the excess plus a processing fee for the cost of replacement and our loss of use. By signing the rental agreement, you give us permission to take payment for damage or loss and to charge them to your payment card.
14. Speeding, parking and traffic charges
It is your responsibility to adhere to UK road safety and traffic laws. You are responsible for all fixed penalties, fines and charges issued as a result of you or any driver using the rental vehicle during the rental period. These could include parking charges, toll charges, traffic or speeding fines, towing charges and clamping costs.
You hereby authorise us to pass through to you any notice or proceedings received by us relating to a period during which the vehicle was rented by you. You agree to respond to and settle any notice or proceeding so received.
If a fine or charge is sent to us because you haven’t paid a charge or complied with the law, we will take payment for the fine or charge itself if we have to pay it. By signing the rental agreement, you give us permission to take these payments and charge them to your payment card.
15. Returning the vehicle
You must return the vehicle and any optional extras to MacGillivray Motors Ltd by the end date stated on your rental agreement. Unless otherwise agreed by us, you cannot return the vehicle and any optional extras outside of our normal opening hours or to other locations.
If we agree for the vehicle to be returned out of hours or to be collected from another location, you may incur an additional charge which will be calculated on associated mileage and staff costs.
If returning the vehicle out of hours to MacGillivray Motors Ltd, you must secure the vehicle and post the keys in the envelope provided through the office letterbox. You will remain responsible for the vehicle and any optional extras until we inspect the vehicle.
16. Vehicle condition and inspection on return
You must return the vehicle and any optional extras in the same condition you received them. We will allow for normal wear and tear, taking the distance you travelled and the length of your rental into account. A cleaning charge of £25.00 will apply to any vehicles requiring additional cleaning time.
You are responsible for ensuring that any damage to the vehicle is noted on the Incident Form. We inspect all vehicles before rental and again when they return. We recommend that you are there for the inspection so that any damage can be agreed, the total to pay can be confirmed and payment can be taken. If you are not there, we will inspect the vehicle in your absence and if we find damage, we will charge your payment card for the damage repair amount (see section 13).
The vehicle will be supplied with a full tank of fuel and must be returned to us with a full tank of fuel. If a vehicle is returned with less than a full tank of fuel, we will refill it and charge you for the fuel only. The type of fuel used for each rental vehicle is noted on the rental agreement and on the vehicle fuel cap.
18. Optional extras
a. Additional drivers
Additional drivers must meet the conditions of rental and agree to the terms of the rental agreement. We charge a fee for every additional driver of £10.00 per rental.
b. Child car seats
The law requires all children travelling in the front or rear seat of any car to use the correct child car seat until they are either 135cm in height or 12 years old (which ever they reach first).
We can arrange for child car seats to be supplied as part of your rental for an additional fee of £12.00 (subject to availability).
19. Lost property
We will not be responsible if your property or anybody else’s is damaged, lost or stolen while it is in the rental vehicle. If we find any personal belongings in the vehicle after return, we will do our best to contact you. We will arrange for your lost property to be delivered to you if you are unable to collect yourself. You will be required to pay the relevant postal and delivery charges in advance.
20. Use of personal information
We process personal information for a variety of reasons. We use your personal information and that of any additional drivers in order to provide the rental services to you and to carry out relevant identity, security, driving licence and credit checks.
We share your personal information with our insurers; third parties such as the police and parking operators if we consider they have a right to the information and the law allows us to; third parties such as the Driving and Vehicle Licensing Agency to allow relevant identity, security, driving licence and credit checks to be carried out and to detect and prevent crime in relation to your rental.
By signing the rental agreement, you give your consent to us using and transferring your personal information for as long as the law allows us to. You will find further information on the UK Data Protection Act 2018.