Terms & Conditions

1. Definitions

1.1 Accident – an accidental collision within the United Kingdom between Your Vehicle and a motor vehicle driven by a Third Party.

1.2 Agreement – the rental agreement on the face of this document together with these terms and conditions (which, for the avoidance of doubt, incorporate notice of Your right to cancel this Agreement).

1.3 Appointed Representative – a panel solicitor appointed by Us to pursue the claim on Your behalf.

1.4 Authorised Driver – any person in addition to Yourself whom We have agreed may drive the Vehicle. Any such agreement must be made in writing. The additional driver MUST be covered by an insurance policy and in return for our authorisation, shall be subject to the terms of this Agreement in the same manner as Yourself.

1.5 Claim – Your claim for compensation for the Hire Charges/Repair Charges against the at fault driver and/or his insurance company.

1.6 Credit Period – A period which expires on the earliest of (i) the date 51 weeks from the date this Agreement is made; (ii) the date Your Claim against the at fault driver and/or his insurance company is concluded by a payment which We have approved as a final settlement or by a court decision or by a discontinuance or abandonment with our approval; (iii) the date on which we determinate this Agreement under clause 6.1; (iv) Your insolvency or your death.

1.7 Hire Charges – the sums charged by Us to You which are detailed on the front of this Agreement and which You incur in hiring the Vehicle for the Rental Period as agreed Rental Period – any period of time wherein You have a reasonable need for a vehicle up until 89 days from the date of this Agreement.

1.8 We, Us, Our, the Lessor – Thrive Credit Hire Ltd  or its associated companies, successors or assignees.

1.9 You, Your, the Hirer – the person, company or person or organisation by or on behalf of whom this Agreement is signed.

1.10 Your Vehicle – the motor vehicle to which You are usually entitled to have possession, either by ownership or as Bailee, which is damaged in an Accident.

1.11 Vehicle — the motor vehicle detailed on the front of this Agreement which You hire from Us, or its replacement.

2. Our Obligationsto You

2.1 We will hire You the Vehicle for the Rental Period. We will also allow you credit on the Hire Charges without interest or any other charges, subject to the other terms of this Agreement.

2.2 There is no charge for deferring payments of the Hire Charges during the Credit Period as provided for by this Agreement; You may pay the Hire Charges at any time if You wish, but the cost of hire will be the same as provided for on the front of the Agreement.

2.3 If during the Rental Period Your use of the Vehicle is interfered with to any significant extent by any defect or damage, we will repair or replace it as soon as reasonably practicable.

3. Your obligationsto Us

3.1 You will ensure that the Vehicle and its use is in assured throughout the Rental Period.

3.2 You agree that You will pay the cost of the Hire Charges accrued to Us for the rental of the Vehicle.

3.3 You shall pay the Hire Charges to Us in full and by single payment immediately upon the expiry of the Credit Period. It is Your duty to ascertain in advance the amount which is due.

3.4 If you are VAT registered and You may reclaim VAT on the Hire Charges as input tax, the VAT element is payable by You immediately upon request, and is not subject to any Credit Period.

3.5 You must take reasonable steps to keep the Rental Period to a minimum. You are under a duty to mitigate Your loss and must actively do so. You must inform Us if you gain access to another vehicle during the hire period or if You no longer have a reasonable need for the Vehicle.

3.6 You must inform Us as soon as reasonably practicable of anything which could be expected to affect Your prospects of recovering the Hire Charges from the at fault driver or his insurance company. If Your Vehicle is written off, you must inform us of receipt of payment of Your pre-accident value within 24 hours of receipt.

3.7 You will authorise Us to monitor the repair or replacement of Your Vehicle if required by Us, and will provide Us with all information reasonably needed for this purpose.

3.8 Only You or an Authorised Driver may drive the Vehicle. You are responsible for the Vehicle at all times during the Rental Period whether driven by Yourself or any Authorised Driver under this Agreement.

3.9 You shall maintain the Vehicle in a fit and proper manner (for example, by performing reasonable checks and maintenance of oil and water levels and tyre pressures), and undertake to return it to Us in same condition as when received, fair wear and tear excepted.

3.10 In the event that You or any Authorised Driver discover that the Vehicle is defective or has been damaged, you will inform Us as soon as reasonably practicable by telephoning the number shown overleaf, and provide full information as to the Vehicle’s location and condition. You will not use the Vehicle in the meantime unless it is fit for use.

3.11 The Vehicle shall be used and driven at all times in a manner which is lawful and safe.

3.12 The Vehicle shall not be used for racing, for driving instruction, for competition, or for trials of any kind. The Vehicle shall not be used for towing or propelling anything without our written agreement.

3.13 The Vehicle shall not be taken out of the United Kingdom without Our written agreement.

3.14 You shall not, nor shall You have any authority to, sell, assign, pledge, underlet, lend (other than lending to an Authorised Driver), or otherwise deal with the Vehicle or any part of it or interest in it, or to suffer or permit any of these things, or to suffer or permit the Vehicle to become subject to a lien. The Vehicle remains the property of Us at all times.

3.15 You will indemnify Us against loss of or damage to the Vehicle, and any consequential loss to Us including but not limited to loss of revenue from the Vehicle. We will accept payments from Your insurer in discharge of Your liability under this clause where the loss is covered by Your motor insurance policy.

3.16 You are responsible for, and must pay immediately, all fines, penalties or charges lawfully imposed by reason of the use of the Vehicle during the Rental Period, or by reason of defects in the Vehicle of which You knew or ought to have known at the time of the use in question.

3.17 At the end of the Rental Period, you must return the Vehicle to Us immediately or make it available for collection by Us as we may direct.

4. Your Claim

4.1 You grant Us the exclusive right to pursue the Claim on Your behalf.

4.2 We may instruct an Appointed Representative in Your name to pursue the Claim, and You authorise such person to provide Us with all the information about the Claim (including copies of all relevant documents) which We reasonably require.

4.3 You will provide Us and any Appointed Representative with all the co-operation and assistance which is requested or required in connection with the pursuit of the Claim. Failure to comply with this requirement will result in an immediate requirement of full payment of any outstanding Hire Charges owed to Us.

4.4 You are responsible for the costs of the Claim (although these may be recoverable in whole orin part from the at fault driver and/or his insurance company).

4.5 You must inform Us if You receive any settlement proposals from the at fault party and/or his insurance company in respect of the Claim, and must not respond to such a proposal or Yourself make such a proposal unless We agree.

4.6 In the event that We or the Appointed Representative receive a cheque in settlement of all or any part of the Claim, you authorise it to be paid to Us, and for it to be paid into Your representative’s client account even if it is made payable to You. Where the sum paid exceeds the amount of the Claim and any legal costs, your representative will pay You the balance as soon as reasonably practicable.

4.7 In the event that You receive any payment in respect of the Claim directly from the at fault party and/or his insurance company, you will pay the paid sum to Us as soon as is reasonably practicable in one payment.

5. Termination of this Agreement

5.1 We may terminate this Agreement immediately if:

5.2 in Our opinion You will be unable to recover any of Our Charges from at fault party and/or his insurance company or if the at fault driver is, in Our reasonable opinion, unlikely to be able to pay in full and within 28 days any sum he might be required to pay in respect of the Claim; or

5.3 You have given Us or any Appointed Representative any information about the Accident or the Claim which is false or misleading; or
5.4 You breach the terms of this Agreement.

5.5 Where We terminate this Agreement under this clause, any of Our unpaid Hire Charges become due and payable immediately.

5.6 You must ensure that You remove all property from the Vehicle before it is returned to Us. We shall not be liable for the loss of or damage to any property stored or transported in the Vehicle nor for any property left in the Vehicle when it returns to Our possession.

5.7 Our liability for any loss, howsoever caused, arising out of or in connection with this Agreement or Your use of the Vehicle is limited to £1000. Save that nothing in this clause shall limit Our liability for personal injury or death negligently caused by Us.

5.8 We may demand the return of the Vehicle at anytime, save that such a demand is not to be made without reasonable cause;

5.9 We may repossess the Vehicle 24 hours after the demand, if the Vehicle has not been returned in that time, or sooner, if in the Our reasonable judgement the demand is not likely to be complied with.

5.10 We shall not be liable for any loss or damage whatsoever which You are subject to as a consequence of such demands and or repossession.

6. Miscellaneous

6.1 If there is a dispute between You and Us relating to this Agreement which cannot be resolved, it may be firstly referred to arbitration if You agree. The arbitrator shall be an independent lawyer chosen jointly by You and Us. If we are unable to agree on the identity of the arbitrator, the arbitrator will be chosen by the Chairman of the General Council of the Bar of England and Wales. The costs of the arbitrator will be paid by the losing party, or otherwise as the arbitrator decides.

6.2 This Agreement is governed by the law of England and Wales and subject to clause 6.1 the courts of England and Wales have exclusive jurisdiction to determine any dispute relating to it.

6.3 Where You are not the signatory to this Agreement, the signatory warrants that he/she is authorised to sign on Your behalf.

6.4 It is the intention of both Parties that this Agreement should be exempt from regulation by the Consumer Credit Act 1974 under article 3(I)(a)(i) of the Consumer Credit (Exempt Agreements) Order 1989, and the Parties agree that this Agreement should be constructed accordingly. We will provide You with copies of the relevant legislation on request.

6.5 If any part of this Agreement is found to be unenforceable for any reason or would if given effect render any part of this Agreement unenforceable, then for the purposes of the proceedings in which such a finding was made the offending part of the Agreement shall be deemed to be severed from it to the extent only of such unenforceability or to the extent necessary to avoid such unenforceability (as the case may be), and the remainder of this Agreement shall continue in full force and effect.

6.6 No amendment, variation or waiver of any provision of this Agreement shall be effective unless made in writing and signed both by You and an authorised representative of Us.

6.7 References to any statute or statutory provision include a reference to that statute or statutory provision as from time to time amended, extended or re-enacted.

6.8 This Agreement (together with the information you gave to Us prior to the date of this Agreement in respect of the Accident and the Claim) represents the entire agreement and understanding between the Parties, and revokes and replaces any previous agreement between the Parties in relation to its subject matter. It is agreed and declared that in entering into this Agreement You have not relied upon any representation, warranty or undertaking as to its subject matter, and in any event that any such representation etc. shall be without legal effect.

6.9 Complaints – Our complaint handling procedure can be requested by emailing enquiries @thrivecredithire.co.uk or alternatively via post to Thrive Credit Hire Ltd , Churchill House, Shaw Road, Rotherham S65 1SG