General Terms and Conditions
Rent2Own Cars Haslingden
General Terms and Conditions
Introduction
The following terms and conditions apply to any contract you (“The Customer” also referred to as “you”) enter into with (Rent2Own Cars Haslingden) Address: Rent2Own Cars Haslingden)), Manchester Road, Haslingden, Lancashire, BB4 6PT (referred to as “we”, “us” “Rent2Own Cars Haslingden” or “The Company”) for a vehicle (“the Agreement”).
Following acceptance by you “The Customer” of a quotation by Rent2Own Cars (Haslingden), you will be required to provide further financial and personal information that will allow us “The Company” to confirm your identity and affordability to pay.
An order does not constitute a contract between you and Rent2Own Cars (Haslingden) to purchase or rent a vehicle. For there to be a contract between you and Rent2Own Cars (Haslingden) to purchase or rent a vehicle we “The Company” must be able to provide a suitable vehicle on suitable terms acceptable to both parties.
You “The Applicant” must enter into a Rental agreement. For the avoidance of any doubt, there is no contract to purchase or rent a vehicle between you and Rent2Own Cars (Haslingden) until this rental agreement is signed by you at which time the agreement is deemed to have been executed and becomes operational.
If the vehicle you have requested is not available, Rent2Own Cars (Haslingden) will contact you to provide possible alternatives. If an alternative is not acceptable to you, Rent2Own Cars (Haslingden) will cancel your order and refund any monies paid. If the vehicle is available Rent2Own Cars (Haslingden) will confirm an estimated delivery date. Please note that dates provided are intended as a guide only and should this date change, we will notify you once we have the information available.
Rent2Own Cars (Haslingden) accepts no responsibility for any errors or omissions regarding vehicle model or specification, including any optional extras, if you have accepted the order and these terms and conditions. It is your responsibility to check that the vehicle you are ordering is to the specifications stated, is suitable for your requirements and meets with your expectations.
By providing your personal information to us, you authorise us to retain and process this information and any other information we hold about you in accordance with Data protection Legislation and GDPR guidelines as may be necessary for the purpose of considering your Rent to Own application. You will be required to accept and sign the terms and conditions in regard to the Rental agreement.
We rely on you to provide accurate information and relevant documentation. If at a later date, we discover that false or misleading information has been submitted then we reserve the right cancel this agreement immediately and re-claim the vehicle by whatever means necessary in accordance with the terms laid out below.
You must provide any information required as a condition of the consideration of your Rental application. Refusal to do so will result in your application being declined.
Prices quoted for Rent2Own Cars will include VAT where applicable.
Delivery to UK mainland locations will incur additional charges. You will be advised of any additional charges prior to the order being processed by us. If they are unacceptable, you will be entitled to choose an alternative vehicle, collect the vehicle from our premises or cancel your order and receive a full refund of any monies paid.
We reserve the right to change the price of the vehicle either before or after an order is placed. If the price of a vehicle is changed after an order is placed Rent2Own Cars (Haslingden) shall notify you of the change and you have the right to withdraw your order if the change is not acceptable and receive a full refund of any monies paid.
Prices of vehicles on the web site are for information purposes only and do not constitute an offer from Rent2Own Cars (Haslingden) as stock is constantly changing and the vehicle you see on the site may no longer be available.
To process your order an initial securing deposit is required. The amount required will be stated on your order form prior to acceptance by you.
If an order is subsequently cancelled by either party prior to delivery your deposit will be refunded. In certain cases, an amount equal to costs or losses incurred by us may be retained. This will include but not be limited to late cancellation, failing to turn up to collect your vehicle, or not being present at the agreed location for collection.
Upon receipt of a correctly completed and signed Rental agreement, meeting our affordability and ID checks and, if applicable, payment of any balance of monies still due to cover the deposit required, Rent2Own Cars (Haslingden) will arrange delivery of the vehicle to your chosen destination or collection from our premises.
Certain delivery locations may incur additional charges and you will be informed of these prior to completion of your order. Information on “lead times” are estimates only and do not constitute an obligation to supply the vehicle in the time indicated. Delivery dates can fluctuate for a number of reasons outside of our control or influence and we will not accept responsibility for any losses or inconvenience caused.
1.We The Company, remain the owner of the vehicle until you have paid to us the full initial deposit and all the subsequent instalments as shown in the rental agreement and all other amounts which may become payable by you to us under this agreement. Until then your rights are only those of a renter of the vehicle.
2.Transfer of ownership and the end of the Agreed Rental.
Once all of your obligations have been fulfilled pursuant to the terms of the contract, then we will undertake to transfer ownership of the vehicle to you and our obligations to you will have been fulfilled.
3. Payments:
You are obliged to make full and regular payments at the time and dates stated on the Rental Contract.
4.Default of payments Costs
If you fail to pay us any amount you owe us under this agreement by the due date we may, in addition to our other rights, reserve the right to charge you default costs to reimburse any additional costs.
You agree to pay to us any costs and charges shown in this agreement, which may become payable by you, and our reasonable legal and other costs for enforcing this agreement, including any costs payable to third parties acting on our behalf.
We may also require payment of our reasonable cost arising from late payment. Where known at the date of the agreement our charges are:
- £12.00 to send out a payment reminder.
- £25.00 for late payment, each cheque, card payment, standing order or direct debit or the issuing a default notice.
- a home visit within a 50-mile radius of our head office £55.00.
- a home visit more than a 50-mile radius from our head office £125.00.
- Payment by credit card for any of the above-mentioned charges may attract an additional cost of £5.00.
We will be entitled to assume that you refuse to comply with the terms of this agreement and to end this agreement, after giving you a default notice, if:
- you fail to comply with the terms of the default notice and we subsequently issue a Termination Notice.
- You break any of the provisions of clauses 3,4,5, or 7 of this agreement.
- You provided false information when entering into this agreement.
- You entered into this agreement knowing that you were moving address, or intended to remove the vehicle beyond our reach for any reason whatsoever.
Any of the following happens to you which makes it impossible for you to make the Rental Payments:
- a statutory demand by the courts which, if not paid in full, may result in bankruptcy or sequestration.
- proceedings being brought against you if not paid in 21 days, or any steps are taken by you or anyone else to declare you bankrupt or to sequestrate you.
- You take steps to enter into an arrangement or debt management plan such as an IVA (Indivivdual Voluntary Arrangement) with your creditors which denies you the rights to continue with the vehicle rental.
- A bailiff or other officer controls or seizes the vehicle following a court order. (You must show a Bailiff our rental agreement so that they can NOT sequestrate the vehicle.)
- The landlord of premises where the vehicle is situated threatens, or takes steps, to seize or in any other way take control the vehicle.
If we end this agreement, subject to your rights as set out in clause 14 of this notice we may take back the vehicle from you and you must pay to us:
- all instalments and other sums which have become payable by you to us under the terms of this agreement, and any outstanding balance of the Total Amount due to us up to the time of repossession, less any money we may receive from selling the vehicle after we have deducted the costs of recovery, repair or preparation to enable us to resell the vehicle to recover any outstanding amounts due.
5. Repossession by us.
In the event of failure to pay in full the amounts due in accordance with the terms (Clause 14) of this contract we reserve the right to reposes any vehicle in accordance with the Laws of the UK. Rent2Own Cars trades as car rental company and as such has the right to reposes any vehicles for any contravention of its Terms and Conditions.
6. Proof of Insurance.
Proof of insurance is required before delivery/collection can take place. Please note that the renter must be the main policy holder or a named driver on the insurance policy. You must keep the vehicle comprehensively insured at all times with a maximum excess of £500 and sufficient cover to facilitate the replacement value of the vehicle.
- You must note our interest on the policy with your insurers.
- You must comply with all the terms and conditions of any such insurance policy and promptly provide us with any assistance which we may require in pursuing any claim.
- You must tell us and your insurer about any loss or damage within 48 hours of the loss or damage occurring, and whether you or anybody else will be making a claim against the insurer.
- You agree to hold in trust for us any insurance monies you may receive.
- You authorise us to negotiate and settle any claim with your insurer, and to receive any monies from the insurer under the policy.
- You may not withdraw this authority and you agree to accept any settlement we may reach with the insurer.
- You will still need to pay us any balance under this agreement. Unless we end this agreement pursuant to clause 16, this agreement will continue even if the vehicle is lost or damaged.
- If you intend to use the rented vehicle for any business purposes, you must also obtain adequate insurance cover for employer’s liability, liability to third parties and liability for negligence and loss, damage or injury arising out of your use and possession of the vehicle.
7. Maintaining the Vehicle
Upon entering into a Vehicle Rental with Rent2Own Cars contract agreement, you are responsible for maintaining and running the vehicle in accordance with the manufacturer’s guidelines.
These include the following:
- keeping the vehicle properly serviced in accordance with the manufacturers recommended service schedule. You must keep the vehicle roadworthy, in good working order and condition at your own expense during the period of the rental.
- You must not let a repairer, or any other person to whom you owe money, keep the vehicle as a result of your not paying the money you owe to them. You must advise the repairer that this a Rental Vehicle and inform us immediately to enable us to recover the vehicle or negotiate with the repairer to expedite a satisfactory resolution.
- You must ensure that any tests or inspections required by law such as MOT test or Commercial Vehicle Road test or inspections are carried out as and when required by Law.
- Unless we have consented in writing, you may not make alterations or additions to the vehicle (including fixing a personalised or non-original number plate). Any alterations or additions made without our consent (which may not unreasonably be withheld) will become our property.
- You must allow our representative to inspect and test the vehicle at all reasonable times and with reasonable notice.
- You are required by law to renew the MOT should it become due during your rental contract period, it is the Users responsibility to ensure the vehicle has a current MOT at all times.
8. Warranties.
We initially provide a 30-day warranty with all rental vehicles. Any repairs required within the warranty period must be carried out at our workshops or workshops approved by us BEFORE any repairs are undertaken. If due to geographical, or other limitations, any repairs are required to be completed out-with the area they will be subject to a maximum contribution of 50% of the cost from Rent2Own Cars (Haslingden). In the event that any warranty expires during the contract period you will be liable for any repairs or breakdown costs.
If you have purchased any third-party warranty this may cover your costs and they should be contacted by you to ascertain if any necessary work can be covered under the terms of that warranty.
Extended Warranties are not supplied by Rent2Own Cars (Haslingden) as standard, but can be added to the overall cost of the vehicle and the cost of such cover included in the rent to own agreement. Please ask at the time of negotiating your initial Rental Contract.
Our warranty does not cover negligent use or abuse, keys, tyres or wrongly fuelling a vehicle.
9. Use of Vehicle.
You cannot use the vehicle on a public road when it is not legally authorised due to the lack of Road Fund Licence, MOT or insurance. The vehicle must be SORNed if it is not taxed but must still be kept insured.
10. Liability.
During the term of this agreement, and for the purposes of the Road Traffic Regulations Act 1984, as consolidated by the Road Traffic Offenders Act 1988 or any future amendments, you shall be held liable for:
- any offences attributable to the driver(s) which may be committed with respect to that vehicle when it is stationary and when a fixed penalty notice is being issued.
- any other offences under the above act(s), as amended from time to time, which cause a fixed penalty or other penalty to be issued
- the driver/Renter is responsible for, and agrees to pay, all applicable administration fees to Rent2Own Cars (Haslingden) for the processing and administration caused by any non-payment or other reasons causing us to undertake additional operations to deal with any of the above in respect of the Renter or the vehicle.
11. Data Protection.
You confirm that we may hold and process by computer or otherwise any information obtained about you and/or a joint applicant in connection with this application, any other applications you may have made, or other Agreements entered into with us. You also agree that we may use this information and disclose it to associate companies of ours for the purpose of marketing or administering and servicing this agreement and to enable us to carry out statistical analysis. You confirm that we may disclose information obtained about you in connection with this agreement to our agents, advisers, principals and any other person to who we assign our rights under this agreement and they will be able to use the information as we may do in accordance with this clause. It is your right under the GDPR rules to opt out of the sharing of information.
You must inform us, in writing, within seven days of any change of your name, address or any other relevant particulars to enable us to keep our records up to date with your current details.
We will not share or sell your information to third parties. We will not otherwise disclose this information except when required or permitted to do so by law and for fraud prevention purposes.
All information we obtain during the application and agreement process collected on-line is collected and maintained on a secure encrypted database to ensure complete confidentiality. Our Server on which your data is stored is also a secure server and protected by a secure firewall. We take our responsibility seriously and strive to maintain as secure as System as possible.
Nothing in these conditions shall affect your statutory rights under the General Protection Data Regulations 2018 (GDPR). Where a clause refers to a specific law or regulation any subsequent changes to that law or regulation will take effect.
12. Complaints.
To complain about any aspects of our service or the vehicle you have rented from us, please visit the contact us page on our website at https://rent2Owncars.co.uk and submit your report on the form provided. We would seek to resolve any complaint or concern you may have in the first instance, however if we are unable to then you may be able to refer your complaint to the Financial Ombudsman Service. However, you must advise them that this rental agreement is not governed by the FCA regulations. If you have any feedback regarding your service, you should email feedback@rent2Owncars.co.uk
13.Notices and Communications.
Notices served shall be deemed sufficiently served if sent by post, fax or email to the usual or last known place of residence of the Renter and proof of postage shall be conclusive evidence of receipt by the addressee in the due course of the transmission. If there is more than one renter a notice served on one will be deemed to have been served on all.
You may at any time request us to communicate with you by email. You must then provide us with a current valid email address and providing we are practically able to do so, we will send you statements, documents, notices and letters (other than default notices) by email. It shall be deemed effective service if we write to you or email you at the address or email address last known to us. It is your responsibility to keep us provided with an up to date email address and to notify us within seven days of any change.
14. Reference to any Act or regulation includes any amendment to that Act or regulation.
In this agreement “Act” means the Consumer Credit Act 1974; “terms” include, without limitation, the Terms and Conditions. “Vehicle” means the vehicle described in the agreement and includes any replacements, renewals and additions, to which we or any insurer may agree. Words and expressions to which meanings have been given on page 1 shall have those meanings in these terms. Any headings to clauses shall not affect the interpretation of any of the terms.
15.Contravention of the terms by the User
If at any time we allow you to do something which is against any of the terms of this agreement, this will not prevent us from insisting that you strictly follow the terms at any later time.
If two or more of you have signed the agreement as the Customer, you are liable jointly and severally, that is together as well as separately under this agreement. This means that either or all of you can be held fully liable for the obligations of the Customer under this agreement.
16. Terminations.
- Your Rights. You may end this agreement by taking the steps set out in this notice below:-
(a) By giving 2 weeks written notice at any time during the rental period and the vehicle returned to Rent2Own Cars premises in good working order, with the keys and all documentation. No reimbursements will be due to the renter.
(b) If you discharge part of your indebtedness under this agreement early, we may, by written notice to you, vary the amount of the remaining instalments or the remaining duration of the agreement. - We may terminate this agreement at any time for any breaches of the terms of this agreement
(c). Rent2Own cars Haslingden has the right to cancel this agreement at any time if it is deemed that the vehicle is being neglected or misused at any time during the rental period.
(d). Any rentals in arrears for more than 2 weeks will render the rental agreement terminated forthwith and the vehicle collected from the renter. If the vehicle is not available then it may be reported as stolen and the DVLA informed.
(e) any other eventuality which makes it impossible for us to interact with you for any reason. In such cases the transfer of ownership to you will not take place and the vehicle will remain our property until such time as full restitution in accordance with the terms of this agreement is made, or a court order is received by us to make any transfer of ownership.
17. Company Transfer of ownership.
Although you may not assign or otherwise transfer this agreement, we may assign it under the terms contained herein and any references to us shall include any such assignee.
Nothing in this agreement will give any person, other than you or us (or anyone who takes over from us or any person to whom we have transferred our rights under this agreement), any rights under this agreement.
This agreement will only come into force if and when you and we, or our authorised representative, have signed it.
18. Governing Law.
This agreement is governed by English Law. Any dispute will be subject to the jurisdiction of the English Courts. If for any reason this agreement has to be discharged under English Law any words that are not in current use in England will have their nearest equivalent meanings
This a vehicle Rental Contract only. This instalment credit agreement is exempt from FCA authorisation as it meets all of the following criteria.
- The Rental is repayable by no more than 12 instalments within no more than 12 months
- It Is a borrower-lender-supplier agreement (that’s to say, it finances the acquisition of specific goods or services ie. Car Rental)
- Its is for a fixed amount as agreed at the inception of this Agreement
Please Sign to confirm that you have read and accept the Company Terms and Conditions.
By signing these terms and Conditions you Agree to comply with and fulfil those Obligations and accept this as the legally binding contract between Rent2Own Cars haslingden and you the Renter as per the Information you enter and duly sign below.
function CheckMultiple5(frm, name) { for (var i=0; i < frm.length; i++) { fldObj = frm.elements[i]; fldId = fldObj.id; if (fldId) { var fieldnamecheck=fldObj.id.indexOf(name); if (fieldnamecheck != -1) { if (fldObj.checked) { return true; } } } } return false; } function CheckForm5(f) { if (f.email.value == "") { alert("Please enter your email address."); f.email.focus(); return false; } var fname = "CustomFields_20_5"; var fld = document.getElementById(fname); if (fld.value == "") { alert("Please enter a value for field Buyers Name :-"); fld.focus(); return false; } var fname = "CustomFields_23_5"; var fld = document.getElementById(fname); if (fld.value == "") { alert("Please enter a value for field Date :- "); fld.focus(); return false; } return true; };