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1. Hirer's Agreement with Owner
(a) These Rental Terms and Conditions apply to both the booking and the hire of the Vehicle.
The booking stage governs things like prepayment, cancellations, and eligibility checks before the hire begins.
The Rental Agreement itself only becomes legally binding when the Vehicle is physically handed over to the Hirer at the start of the Rental Period.
Signing the Rental Agreement or making payment in advance does not create a binding contract. The Owner reserves the right to refuse or cancel a booking at any time prior to key handover, including where eligibility checks are not passed.
Any reference to “Rental Agreement” in these Terms includes reference to the digital tablet system used at the time of hire.
(b) Any reference to Owner or Rental Agent means: Adventra Ltd, 20 Braighe Rd, Stornoway, Isle of Lewis HS2 0BQ, Scotland. Registered Company Number: SC397314.
(c) Any mention of Hirer refers to the individual or entity listed on the Rental Agreement or digital tablet. However, if the listed individual or entity is an employee or representative of the named Account, then the Account itself is considered the Hirer.
(d) Owner and Hirer are the only parties to the Rental Agreement even though another entity or person may pay for all or some of the rental bill.
(e) Hirer affirms that all information provided during the booking and rental process is accurate and truthful. This includes, but is not limited to, licence details, accident history, driving convictions, and identification documents.
Any false, incomplete, or misleading information may void insurance coverage, terminate the Rental Agreement, and make the Hirer personally liable for all losses or damages.
2. Rental Period
(a) Hirer has the right to use the rental vehicle (“Vehicle”) until the return date indicated on the Rental Agreement ("Rental Period").
(b) Owner may agree to extend the Rental Period orally or in writing ("Extended Rental Period") but the overall Rental Period may never be more than 30 days. The Extended Rental Period may be subject to higher charges and/or to additional security deposit which will be disclosed to Hirer prior to the extension of the Rental Period.
(c) Subject to the following conditions, Hirer may choose to return the Vehicle before the end of the agreed Rental Period and thereby terminate this Rental Agreement early (and the Rental Period will be reduced accordingly):
(i) If Hirer has prepaid the Rental Costs (as defined in section 5) to qualify for a "special offer" rate, Hirer may not be entitled to any refund due to early voluntary termination; and
(ii) If Hirer has not prepaid the Rental Costs, early termination can have an impact on the daily rates and the other applicable charges if the originally agreed daily rates and applicable charges were conditioned upon the specifics of the original Rental Period. Owner recommends that Hirer verify with Owner what impact an early termination has on the Rental Costs before returning the Vehicle early.
3. Use of the Vehicle
(a) Eligibility: Hirer must meet the following criteria:
Hirers must declare all accidents from the last 3 years regardless of fault. A “fault accident” includes any incident where payment could not be recovered from a third party. Acceptance criteria are as follows:
Drivers with more than one fault accident, or any conviction involving disqualification within the past 5 years, must be referred to Adventra prior to booking.
(b) Drivers and Additional Drivers: Only the Hirer is permitted to drive the Vehicle unless Owner expressly permits additional drivers who meet the eligibility requirements for Hirers in section 3 (a) above ('Additional Drivers'). Drivers and Additional Drivers under the age of 25 may be subject to restrictions and an additional fee. Drivers and Additional Drivers will be recorded either in the Rental Agreement or within Owner’s driver management system. Only individuals documented in one of these systems and approved through the licence verification process are permitted to drive the Vehicle. No other individual is authorised to drive the Vehicle. All drivers must be specifically authorised by the Owner in accordance with insurance rules. Only those named in the Rental Agreement or otherwise approved to drive, and approved via the licence verification process are considered authorised. Use of the Vehicle by any other individual is strictly prohibited and may void all coverage. Any person not explicitly authorised through our driver verification process, regardless of being named in the Rental Agreement, is considered unauthorised and uninsured. Use of the vehicle by such a person voids all insurance cover and constitutes a material breach of this agreement.
(c) Prohibited Use of the Vehicle: The Vehicle must not be used:
(i) by anyone other than Hirer or an Additional Driver;
(ii) to smoke in. The use of e-cigarettes in Vehicle is also prohibited;
(iii) in a way to affect the good condition of the Vehicle, including by smoking;
(iv) for carriage of passengers for hire or reward;
(v) for deliberately causing personal injury or property damage or for any illegal purpose;
(vi) for racing, pacemaking, testing the Vehicle's reliability and speed, or teaching someone to drive;
(vii) while the driver is under the influence of alcohol, narcotics or drugs;
(viii) to travel outside Scotland without the Owner’s prior written permission. Unlimited mileage and any included mileage allowances apply only within Scotland unless the Owner confirms otherwise in writing. Where the Hirer leaves Scotland without obtaining the Owner’s prior written permission, all unlimited-mileage and other mileage-extension products shall be void, and any mileage beyond the standard included mileage may be charged at the excess-mileage rate stated in the Rental Agreement. Travel to England, Wales, Northern Ireland or any other jurisdiction (including outside the United Kingdom) requires the Owner’s prior written permission and may be subject to additional charges, mileage limits or insurance conditions.
(ix) overloaded with more passengers than seatbelts, to transport children without the legally required car seats, or otherwise in breach of the legally prescribed safety precautions;
(x) to propel or tow any trailer, caravan, vehicle, machinery or equipment unless the Vehicle is fitted with a tow bar and the Hirer has the applicable towing authorisation for the hire.
(xi) on racetracks, beaches, and test courses;
(xii) to transport easily flammable, toxic, or otherwise dangerous substances other than minimum amounts for household use;
(xiii) in a careless or reckless manner;
(xiv) to drive through or over water or over any objects that Hirer knew or ought to have known rise above the ground clearance of the Vehicle;
(xv) on unsealed, gravel, forestry, estate, farm or similar non-tarmac roads, unless the Hirer has purchased the applicable unsealed-road authorisation for the hire.
(xvi) off-track or off-road, including but not limited to tracks, trails, fields, moorland, bogland, dunes, beaches or any surface not reasonably classed as a road, unless the Hirer has purchased the applicable off-track authorisation for the hire.
(xvii) Unsafe Operation on Unsealed or Off-Track Surfaces in any manner inconsistent with safe operation on unsealed or off-track surfaces, including but not limited to:
(xviii) to drive under a barrier lower than the overhead clearance of the Vehicle;
(xix) in or on that part of any aerodrome, airfield, airport, or military installation designed for the take-off, landing, taxiing, or parking of aircraft and aerial devices, including any associated service roads, fuel supply areas, ground equipment parking areas, aprons, maintenance zones, and hangars;
(xx) to transport goods with a weight heavier than that authorised for the Vehicle, or to transport goods deficiently distributed or badly secured, or to carry goods that you do not own for a fee without Owner's written permission; or
(xxi) in contravention of this Rental Agreement or the applicable laws, safety rules and requirements of the countries where the Vehicle is used.
(d) Hand over of Vehicle: The Owner shall hand over the Vehicle to Hirer in a good and roadworthy condition and equipped as required according to the safety regulations of the place of rental (e.g., first aid kit, spare wheel, and/or warning triangle, as required by applicable law). Hirer is required to check the Vehicle's condition immediately after handover. If Hirer notices any damage to the Vehicle or other discrepancies, Hirer shall immediately inform the Owner.
(e) Towing: conditions of authorisation
(i) Towing is prohibited unless:
(ii) Where towing is authorised, the Hirer must:
(iii) Any towing in breach of this clause is unauthorised towing and constitutes a material breach.
4. Hirer's Main Obligations
(a) Hirer is required to
(i) always lock the Vehicle and secure all of its parts when it is left unattended;
(ii) not let anyone work on the Vehicle without Owner's express written permission. If Owner grants such permission, Owner will only give Hirer a refund if Hirer has a receipt for the work performed;
(iii) check oil, AdBlue and water levels and tyre conditions and pressure at regular intervals during the Rental Period;
(iv) stop using the Vehicle as soon as possible and contact Owner as soon as Hirer becomes aware of any fault with or malfunction of the Vehicle. In particular, Hirer must take into account any warning lights that may appear on the dashboard of the Vehicle and is responsible for advising Adventra promptly if the vehicle displays any warning or maintenance indicator;
(v) bring the Vehicle back to the agreed return location specified in the Rental Agreement at the end of the Rental Period in the same condition as it was when it was handed over by Owner according to the condition description on the Rental Agreement except for any usual wear and tear. A member of Owner's staff will inspect the Vehicle to check the condition of the Vehicle. When returning the Vehicle to the return location during business hours, Hirer will remain responsible for the Vehicle and its condition until the inspection is completed or for 1.5 hours after its return, whichever is the shorter period. If Hirer is permitted to return the Vehicle to the return location outside of business hours, Hirer remains responsible for the Vehicle and its condition until it is inspected by a member of Owner's staff within 2 hours of the start of the next business day. If Hirer chooses not to leave the Vehicle at an Owner branded location, Hirer remains responsible for the Vehicle and its condition until it is inspected by a member of Owner's staff;
(vi) check that Hirer has not left any personal belongings in the Vehicle before Hirer returns the Vehicle;
(vii) pay any administrative fines, fees, charges, costs, penalties, or other fines that are imposed, issued or incurred in connection with the Hirer's usage of the Vehicle during the Rental Period (including usage of the Vehicle by Additional Drivers or other third parties who are permitted by Hirer to use the Vehicle), such as fines or fees for illegal parking or speeding, non-compliance with bus lane, congestion charges, tolls or violations of the rules of the highway or traffic offence or contravention in any country, in all cases, to the extent permitted by law and not caused by Owner;
(viii) where the vehicle requires fuel, to use nothing other than the appropriate fuel as indicated in the Vehicle; and
(ix) not to unseal or tamper with the kilometre or mileage indicator.
(b) In case of an accident or if the Vehicle is lost or stolen, Hirer is required to do the following:
(i) Hirer shall accurately report the accident, theft or loss to Owner as soon as possible by any means and confirm this promptly in writing (email is sufficient) to Owner no later than 1 business days in case of a theft and in all other cases 2 business days, from the moment Hirer becomes aware of the event;
(ii) Hirer shall report any theft or loss (or where appropriate, any accident) to the police as soon as reasonably possible and confirm this promptly in writing (email is sufficient) to Owner;
(iii) Hirer shall avoid admitting responsibility to anyone in relation to the accident unless required to do so by legal process;
(iv) Hirer shall request the names and addresses of everyone involved, including witnesses, and provide them to Owner;
(v) Hirer shall promptly forward to Owner any notices or other documents relating to any legal proceedings arising out of the accident, theft or loss;
(vi) Hirer shall cooperate with Owner and Owner's insurers including responding to requests for full and true information and provide assistance in any matters or legal proceedings including allowing proceedings to be brought by Owner in Hirer's name and defending any proceedings brought against Hirer; and
(vii) Hirer shall return the original keys or any other device which unlocks the Vehicle and/or enables the Vehicle to be started to Owner either directly to Owner’s staff or in Owner’s secured box at an Owner branded location.
(viii) Only individuals specifically named in the Rental Agreement or in the Owner’s driver management system, and approved by the Owner may drive the Vehicle. Any individual driving the Vehicle must have been authorised through the Owner’s internal licence and ID verification process. Driving by unauthorised individuals is a breach of the Rental Agreement and may render the insurance cover invalid.
5. Rental Costs and other Charges; Additional Services
(a) Hirer shall pay the daily rates as well as any other charges applicable to the rental of a Vehicle as stated in the Rental Agreement or, if not stated on the Rental Agreement, the publicly available rates at the time of rental ("Rental Costs"). On return, a grace period of 60 minutes will be allowed if the 24-hour period is exceeded.
(b) Rental Costs also include charges for mileage exceeding the included mileage, and any charges for additional services or protection products. Unlimited mileage and any included mileage allowances apply only to travel within Scotland. If the Hirer wishes to travel outside Scotland, they must inform the Owner in advance so that the Owner can confirm the applicable mileage limits, insurance terms or any additional charges. Where the Hirer leaves Scotland without obtaining the Owner’s prior written permission, all unlimited-mileage and other mileage-extension products shall be void, and any mileage beyond the standard included mileage may be charged at the excess-mileage rate stated in the Rental Agreement. Authorised unsealed-road use or authorised off-track use does not alter the application of mileage rules or extend unlimited mileage beyond Scotland unless expressly confirmed by the Owner in writing.
(c) Owner may require a security deposit at the commencement of the Rental Period which can be used as security for any future claims which Owner has against Hirer in connection with the Rental Agreement. Owner will collect this and any other amounts due under this Rental Agreement from any credit card or debit card presented before or during the rental, which will be retained for this purpose unless otherwise agreed between the Parties. Owner will not pay any interest on the security deposit and Owner is under no obligation to hold the security deposit in any account separate from its own assets. Subject to the conditions set out in section 7 and 9, Owner will refund the security deposit. The security deposit (and any portion of it retained as security for potential claims) will be refunded within a period of 75 days from the date of the return of the Vehicle, or, if the Vehicle is lost or stolen, within a period of 75 days from the agreed end of the Rental Period, to the extent that this amount has not been needed to satisfy Owner’s claims under this Rental Agreement.
(d) Where any refund is due to the Hirer under these Terms or the Rental Agreement other than the security deposit (or any amount held as security under section 5(c)), the Owner will process the refund within 30 days of the refund becoming due (or, where a refund depends on the Hirer providing information, within 30 days of receiving the required information). Refunds will be made to the original payment method unless otherwise agreed.
(e) The Owner retains title to all rental vehicles and equipment. Risk transfers to the Hirer upon delivery and remains with the Hirer until the Vehicle is returned and inspected by the Owner.
(f) The Hirer shall not sell, encumber, or otherwise dispose of the Vehicle during the Rental Period.
(g) The Hirer is responsible for checking and maintaining fluid levels (including but not limited to AdBlue, oil, washer fluid) at their own expense during the Rental Period. Adventra remains responsible for checking and refilling fluids between Rental Periods.
(h) The Owner will take all reasonable steps to ensure that scheduled maintenance and compliance milestones (eg. servicing, pre-emptive tyre replacement, MOT) occur between hires. If a maintenance or compliance milestone is due during the Rental Period, the Hirer will be notified at check-out (or as soon as practicable during the Rental Period) and will be provided options on how the milestone can be handled.
(i) Upon termination, the Hirer must return the Vehicle in good condition. The Hirer will be liable for any damages, losses, or reductions in value resulting from improper use or negligence during the Rental Period.
(j) Hirer shall pay to Owner on demand:
(k) An acceptable payment method is credit card, or direct debit for products/services where direct debit is applicable.
(l) The Hirer agrees to pay all Rental Costs, additional charges, and fees promptly when due as specified in this Agreement. Payments must be made without deduction, set-off, withholding, or counterclaim unless required by law.
(m) If the Hirer disputes any portion of an invoice, they must notify the Owner in writing within 7 days of the invoice date, providing detailed reasons. All undisputed amounts must be paid by the due date.
(n) The Hirer must notify the Owner of any disputed charges in writing within 7 days of receiving an invoice. Any undisputed charges must be paid on the original due date. Failure to notify the Owner within the 7-day period shall be deemed acceptance of the invoice.
(o) The Hirer authorises the Owner to charge any outstanding amounts to the credit or debit card provided, at any time, until all obligations are satisfied.
(p) The Owner reserves the right to charge the Hirer in increments at the Owner’s sole discretion to recover any outstanding charges, including but not limited to excess fees, damage costs, or other amounts due under the Rental Agreement. Such charges may be applied at any point in time until the full amount owed is recovered.
(q) For other rental charges see Rental Agreement.
6. Cancellations/Amendments
(a) Your booking confirms your agreement to our Rental Terms and Conditions, but the Rental Agreement only becomes binding when we hand over the keys to you at the start of the Rental Period.
We may cancel a booking before that time if you do not meet our eligibility checks or other pre-rental requirements. If this happens, we may retain some or all of your payment to cover admin costs or loss of availability.
(b) We will only be able to offer a refund in the event you cancel your booking greater than 48 hours before your specified collection time and you bought for the free cancellation option when making your booking. The free cancellation fee will not be refunded.
(c) If you arrive to collect the vehicle late or if you end the hire earlier than booked, we cannot offer a refund on the allocated time.
(d) If you amend your booking greater than 48 hours before your specified collection time, we can change the booking free of charge, however we will be unable to offer a refund where the duration is shortened, and the applicable rates will apply where the booking is moved into a different tariff band.
7. Data Protection Notice
(a) By entering into this rental agreement you agree that we can process and store your personal information in connection with this agreement including data collected from the vehicle. We may use your information to analyse statistics, for market research, credit control and to protect our assets.
We may need to share your information with selected 3rd parties, including but not limited to:
You agree that if you break the terms of this agreement we can pass your personal information to credit-reference agencies, debt collectors, the police or any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), which can share your personal information with its members to prevent crime and protect their assets, as allowed under any applicable data protection legislation.
(b) By entering into this rental agreement and providing your contact details, you consent to receive marketing communications from us. These communications may include information about our services, promotions, and special offers. You can withdraw your consent at any time by following the unsubscribe instructions provided in our communications or by contacting us directly.
8. Protection Products
(a) Customer’s Own Insurance (COI):
(i) Where the Vehicle is hired on the Hirer’s own insurance (COI), the Hirer remains responsible to the Owner for all loss, damage and charges arising under this Rental Agreement.
(ii) The existence of COI does not limit or cap the Hirer’s liability. Any sums not recovered in full under COI (whether due to exclusions, limits, depreciation, excesses, insurer dispute, late payment or any other reason) remain payable by the Hirer on demand.
(iii) This includes any uncapped liabilities stated in these Terms (including authorised towing and unsealed-road/off-track use).
(b) Insurance Excess:
(i) If no Protection Package or Adventra One product is selected, the full Insurance Excess stated in the Rental Agreement will apply by default. In the event of damage or loss and theft, Hirer must keep the Vehicle insured against damage to, loss or theft of the Vehicle up to the fair market value of the Vehicle. Hirer must comply with the terms of Hirer's insurance policy. If the Vehicle is damaged, lost or stolen and only the Insurance Excess is selected or does not apply, Hirer must allow Owner to make a claim under any policy in Hirer's name. Hirer agrees that the Insurance Excess is not a cap for damage or theft/loss costs Owner is entitled to recover from Hirer where Hirer is deemed to have breached these Terms & Conditions. Hirer is not exempt from liability for theft/loss if not supported by a police crime reference, or damage caused by: the use of incorrect fuel; any breach of sections 3, 4 and 5 of this Rental Agreement or if Hirer failed to take all reasonable measures to look after and secure the Vehicle or the keys or any other device which unlocks the Vehicle and/or enables the Vehicle to be started. If the insurance Hirer does not pay Owner in full for any charges, Hirer is still responsible for paying Owner all outstanding charges on demand. This applies to any authorised towing or unsealed-road/off-track liability, whether or not the Hirer holds Customer’s Own Insurance (COI) and regardless of any policy exclusions, limits, depreciation or insurer dispute. If Hirer has paid Owner everything required under the Rental Agreement and Owner later recovers all of Owner's losses from a third party, Owner will refund Hirer any surplus. In addition to the Insurance Excess, a Damage Administration Fee will apply.
(ii) Where the Hirer purchases authorisation for towing or unsealed-road/off-track use, the Hirer accepts a higher level of liability for anything arising from that authorised use (including damage, loss, or mechanical strain, whether direct or indirect). The additional excess is:
These additional excesses apply in addition to the Insurance Excess or any reduced excess provided under the Protection Package or Adventra One, and apply irrespective of the Hirer’s selection of any Protection Package tier or Adventra One.
(c) Collision Damage Waiver Products:
(i) Protection Package (PP): Our Protection Package is an excess waiver that limits the Hirer’s financial liability for certain types of damage to the Vehicle. If you purchase the PP and comply with applicable laws and these Terms & Conditions, and where the damage is reasonably determined by the Owner to have been caused by a third party, we will waive your liability for the portion of the damage cost that exceeds the applicable excess stated in your Rental Agreement. The Damage Administration Fee remains payable in all cases.
The PP does not apply where damage is self-caused, caused by the Hirer or an Additional Driver, or where fault cannot be reasonably attributed to a third party. It also does not apply where the cause of damage is undetermined or where sufficient evidence of third-party fault is not provided. Whether damage was caused by a third party will be assessed by the Owner based on available evidence, including but not limited to police reports, third-party admissions, witness statements, and/or dashcam or CCTV footage.
If a PP is selected, the Hirer may choose between three tiers (Basic, Enhanced, and Plus) each offering a different level of excess reduction. All PP tiers may not be offered in all circumstances. The PP does not apply to theft or loss unless supported by a valid police crime reference. It also does not apply to damage caused by the use of incorrect fuel, any breach of sections 3, 4 or 5 of this Rental Agreement, or failure to take reasonable measures to secure the Vehicle or keys. In all cases, the Damage Administration Fee applies. The PP is not available to Hirers under the age of 25, or over the age of 75, or as part of a special offer.
Historical Protection Package products previously offered under names such as “Glass Cover”, “Silver + Glass Cover”, or “Gold + Glass Cover” are no longer valid and have been withdrawn. If such terms are referenced in any Rental Agreement or supporting documentation in error, they shall be deemed replaced by the currently published Protection Package tier structure (Basic, Enhanced, Plus). Any protection-related entitlements will be interpreted in accordance with the definitions and coverage limits of the current Protection Package tiers, as outlined in these Terms & Conditions. No Hirer shall be entitled to rely on the terms of any legacy protection product that is no longer offered, and no waiver or benefit shall apply beyond those described in the current version of the Protection Package.
In the event of any inconsistency between the protection product named in the Rental Agreement and the protection structure defined in these Terms & Conditions, the Hirer agrees that the interpretation and effect of the protection product shall conform to the current Protection Package as set out in this section. For the avoidance of doubt, the Protection Package does not waive any additional excess arising from unsealed-road use, off-track use or towing, and does not apply to any damage resulting from such use unless the applicable authorisation for that use has been purchased.
(ii) Adventra One (AO): Adventra One is a bundled protection and convenience product that replaces all individual Protection Package tiers and certain add-on services. When selected, Adventra One provides: (i) an enhanced excess waiver that sits above Protection Package Plus, including cover for not-at-fault damage where the responsible third party cannot be identified, provided that the Owner reasonably determines that the Hirer was not at fault; (ii) unlimited mileage for travel within Scotland (cross-border travel is subject to section 3(c)(xix)); and (iii) up to two additional named drivers.
Adventra One does not apply to:
Where Adventra One is selected, all other Protection Package tiers and any charges for unlimited mileage or additional drivers are automatically disabled and replaced by Adventra One. Adventra One does not eliminate the Hirer’s responsibility to pay the Damage Administration Fee or any charges arising from non-compliance with this Rental Agreement.
If the Hirer breaches any of the terms of this Rental Agreement, the enhanced protections under Adventra One will be void, and the Hirer will remain liable for at least the Insurance Excess specified in the Rental Agreement in addition to the Damage Administration Fee, and may be liable for the full amount of any loss or damage as described in section 8(e). For the avoidance of doubt, Adventra One does not waive any additional excess arising from unsealed-road use, off-track use or towing, and does not apply to any damage resulting from such use unless the applicable authorisation for that use has been purchased.
(d) Third Party Liability: Unlimited third party liability (including passengers in hired vehicle) applies regardless of any insurance product selected.
(e) Non-Compliance: In the event of non-compliance with any terms and conditions outlined, any insurance products or collision damage waiver products purchased by Hirer will be rendered void. Consequently, Hirer will bear unlimited liability for any damages or losses incurred during the rental period. At a minimum, Hirer will be liable to pay at least the Insurance Excess specified in the rental agreement in addition to the Damage Administration Fee. This clause applies to all breaches, including but not limited to unauthorised drivers, geographical restrictions (such as travelling outside Scotland without the Owner’s written permission where the rental includes unlimited mileage or included mileage allowances), and prohibited uses of the vehicle, unauthorised unsealed-road use, unauthorised off-track use, unauthorised towing, or unsafe operation on unsealed or off-track surfaces.
9. Termination of Rental Agreement
(a) The Rental Agreement terminates with the lapse of the Rental Period or the Extended Rental Period, as applicable, or as otherwise stipulated in this section 8.
(b) Hirer may return the Vehicle and terminate the Rental Agreement early at any time during the Rental Period for any reason by returning the Vehicle and in accordance with the terms of section 2.
(c) Either party may terminate the Rental Agreement with immediate effect if the other party commits a material breach of the Rental Agreement or if security risks for Hirer, Additional Drivers or other third parties require an immediate return of the Vehicle. A breach of Hirer's obligations in section 3, 4, and 5 is a material breach.
(d) Upon termination of the Rental Agreement, if Hirer fails to return the Vehicle to the agreed return location, Owner may repossess the Vehicle, and Hirer is liable for any costs incurred in repossessing it in accordance with section 5(d).
(e) Termination of the Agreement does not affect any rights or remedies provided by law. If the Agreement is terminated early due to the Hirer’s default, the Hirer shall be liable for:
(f) Owner may notify the police if Hirer operates the Vehicle after the end of Rental Period or Extended Rental Period, as applicable.
10. Liability
(a) Owner has the sole right and responsibility to repair the Vehicle, and the decision as to whether to repair the Vehicle, and the timing of such repair (and whether multiple incidents of damage caused by different Hirers will be repaired at the same time), is at Owner's sole discretion.
(b) Hirer shall pay to Owner on demand in accordance with applicable law Owner’s costs reasonably incurred when collecting payments due from Hirer, including legal fees and court costs (if the court issues a judgement in Owner’s favour) and all administrative costs incurred in enforcing the terms of this Agreement, including debt recovery fees.
(c) Hirer's liability for damage to, loss or theft of, the Vehicle may be reduced by the purchase of a PP or other protection products (as available) (see section 7).
(d) In the event of damage to or loss or theft of the Vehicle or a part or accessory thereof from the time of the commencement of the Rental Period up until the time of the Vehicle inspection unless caused through Owner's own fault, Hirer may be liable for the following costs, charges and other damages (provided this does not result in Owner being compensated twice for the same loss):
(i) The charges invoiced to Owner by the repair facility for the specific repair of the Vehicle, or replacement of the part or accessory;
(ii) a bona fide estimate of the cost to Owner of the repair of the Vehicle, or replacement of the parts or accessories (as applicable) calculated by reference to Owner's standard list of repairs or by an estimate provided by a repair shop;
(iii) to the extent that any repair does not fully restore the value of the Vehicle, a reasonable sum for the diminishment of value as determined by an independent motor engineer;
(iv) In the event that the total estimated repair cost is greater than the value of the Vehicle minus the salvage value, an estimate of the retail value of the Vehicle immediately prior to the damage, as independently verified, less the salvage value;
(v) owner's resulting loss of revenue at the daily rate indicated on the Rental Agreement based on Owner's loss of income of the Vehicle, not to exceed 30 days, provided this does not result in Owner being compensated twice for the same loss;
(vi) in case of theft or loss of the Vehicle, an estimate of the pre-theft or pre-loss retail value of the Vehicle, as independently verified; and
(vii) any towing, storage and impound fees reasonably incurred by Owner as a result of the damage to, loss or theft of the Vehicle during the Rental Period.
(viii) diagnostics, inspection and independent motor engineer reporting costs reasonably incurred by Owner to determine cause, scope and remediation of damage, defect or mechanical strain (including towing-related clutch, gearbox, transmission or drivetrain issues).
Hirer can dispute any of the above costs, charges or other damages by contacting damage@adventra.co.uk.
(e) Hirer is responsible to Owner for foreseeable loss and damage caused by Hirer. If Hirer fails to comply with these terms, Hirer is responsible for loss or damage Owner suffers that is a foreseeable result of Hirer’s breaking this contract or Hirer’s failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Owner and Hirer knew it might happen, for example, if agreed in writing between the Hirer and Owner.
Hirer does not exclude or limit in any way Hirer's liability to Owner where it would be unlawful to do so. This includes liability for death or personal injury caused by Hirer’s negligence. Owner is not liable for business losses. If Hirer uses the services for any commercial, business or re-sale purpose Owner will have no liability to Hirer for any loss of profit, loss of business, business interruption, or loss of business opportunity. Hirer is responsible for all charges, even if Hirer has asked someone else to be responsible for them. Hirer agrees that Owner, having notified Hirer, will compute and debit the final charges from Hirer's credit and/or debit card (which was presented at the time of rental) if that is the form of deposit or security being used, as shown on the Rental Agreement. All charges are subject to final audit. Where the rental of the Vehicle is consequent upon Hirer’s own vehicle having been involved in an accident, and the replacement Vehicle has been provided to Hirer on a credit basis, payment of the charges due under the Agreement are deferred for a period not exceeding 11 months from the date of the Rental Agreement. At the end of the deferment period the amount due becomes payable in one single payment. No interest or other charges is payable during, or in respect of, the deferment or credit period. The credit amount is for a fixed sum which is the daily charge / charges multiplied by the number of days of the Rental Period.
(f) Hirer is liable to Owner for Owner’s damages relating to third party claims arising out of or in connection with the rental of the Vehicle during the Rental Period if (i) the Hirer is (or through the acts of the Additional Driver is) in breach of the terms of this Rental Agreement and (ii) to the extent Hirer, or Additional Driver was at fault.
(g) If any personal belongings are found in the Vehicle after its return, Owner shall notify Hirer and ask Hirer to pick them up. After 1 month, items will be disposed of.
11. Non-Payment and Late Payment Remedies
(a) If the Hirer fails to make any payment when due under this Agreement, the Owner may, without prejudice to any other rights or remedies it may have:
(i) suspend any ongoing or future hire services;
(ii) repossess any vehicles or equipment in the Hirer’s possession; and
(iii) charge interest on the overdue amount at a rate of 4% per annum above the Bank of England base rate, accruing daily from the due date until payment is made in full, whether before or after judgment.
(b) The Hirer shall be liable for all reasonable costs and expenses (including legal fees, enforcement costs and debt recovery charges) incurred by the Owner in pursuing unpaid sums or enforcing its rights under this Agreement.
(c) If the Hirer fails to settle any outstanding balance within 14 days of written demand, the Owner may terminate this Agreement with immediate effect and recover any associated losses, including the cost of repossessing the Vehicle and any loss of revenue resulting from early termination.
(d) The Hirer acknowledges that non-payment may result in:
(i) immediate service suspension or refusal of future bookings;
(ii) recovery or repossession of any vehicles or assets in use; and
(iii) referral of the debt to a third-party collection agency or the initiation of legal proceedings without further notice.
(e) Where the Hirer notifies the Owner, in writing and prior to any sum becoming overdue, of circumstances that may affect their ability to meet payment obligations, the Owner may, at its sole discretion, determine whether any alternative payment arrangements are appropriate. Any such arrangement, if offered, shall be subject to conditions set by the Owner, and services will not be reinstated until a substantial portion of the outstanding balance has been settled.
(f) Without limiting any other remedy available to the Owner, the Hirer agrees that:
(i) any deposit or prepaid amount paid by the Hirer may be retained by the Owner in full or in part where:
(ii) the retained amount may be applied towards:
(iii) retention of any prepaid or deposited amounts shall not prevent the Owner from recovering any additional sums owed under this Agreement.
12. Vouchers & Special Offers
(a) Vouchers are valid for 12 months from the date of issue, unless otherwise specified in writing.
(b) Vouchers can only be redeemed for vehicle rentals offered by the Owner.
(c) Vouchers are non-transferable and can only be used by the individual to whom it was issued, or the individual who validly received the voucher if it was part of a donation or prize.
(d) Vouchers cannot be exchanged for cash or refunded.
(e) Advance booking is required for the claim of a voucher, and the voucher must be presented at the time of rental.
(f) Vehicle availability is subject to change and cannot be guaranteed for specific dates.
(g) If the voucher is used for a rental that is less than the value of the voucher, no change or credit will be given.
(h) Lost, stolen, or damaged vouchers will not be replaced.
(i) Any remaining balance on the voucher after the expiry date will be forfeited.
(j) Vouchers cannot be used in conjunction with any other offer or discount.
13. Governing Law / Alternative Dispute Resolution
(a) The Rental Agreement is governed by the laws of Scotland.
(b) Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without the Hirer having to go to court. Hirer can submit a complaint to the BVRLA via their website at http://www.bvrla.co.uk/advice/guidance/using-bvrlas-conciliation- service. The BVRLA will not charge Hirer for making a complaint and if Hirer is not satisfied with the outcome Hirer can still bring legal proceedings.
14. Force Majeure
Neither party shall be held liable for any failure or delay in performing their obligations due to events beyond their reasonable control, including natural disasters, government actions, strikes, vehicle supplier delays, or other unforeseen circumstances (“Force Majeure Events”).
15. Miscellaneous
(a) If at any time any part of the Rental Agreement is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same is deemed omitted from the Rental Agreement and the validity and/or enforceability of the remaining provisions of the Rental Agreement is not in any way affected or impaired as a result of that omission.
(b) A full copy of Owner's complaints procedure is available to Hirer upon request from any of Owner's rental branches and from Owner's registered office provided in section 1.
(c) Owner shall send any written notices provided under this Rental Agreement to the address or email Hirer provided on the Rental Agreement. Hirer shall send any written notices provided under this Rental Agreement to the address or email specified in section 1.
16. Supersession and Amendment
(a) These Rental Terms & Conditions are subject to amendment from time to time by the Owner. The latest version published on the Owner’s official website or provided to the Hirer in any written or electronic form shall supersede all previous versions, and Hirer agrees that any updated version shall apply to all ongoing and future rental agreements, regardless of when they were initially entered into.
(b) The Owner shall provide notice of any amendments to these Terms through reasonable means, including but not limited to publication on its website or communication via email or other written formats. The Hirer’s continued use of the rental services after such amendments shall constitute acceptance of the updated Terms.
(c) If any change materially affects the Hirer’s rights or obligations, the Hirer may terminate the Rental Agreement before the effective date of such changes, provided the Vehicle is returned in accordance with the existing Terms.
(d) No variation, amendment, or waiver of these Terms shall be valid unless expressly agreed in writing by the Owner.
17. Jurisdiction
Either party may bring legal proceedings in the Scottish courts.