1. HIRED VEHICLE HIRE
1.1 Couplands enters into an agreement with the Customer and shall hire the Hired Vehicle to the Customer under these terms and conditions and the information contained in the Contract Details only.
1.2 A binding agreement relating to the hire of the Hired Vehicle based on these terms and the information contained in the Contract Details comes into being between Couplands and the Customer either:
1.2.1 on receipt by Couplands of written confirmation of acceptance of these terms by the Customer or the return of a signed copy of the same when these terms are provided to him after the payment on account of the Administration Deposit: or
1.2.2 deemed acceptance of these terms by the Customer which shall occur two days after receipt of these terms by the Customer by email after the payment on account of the Administration Deposit, if no cancellation in writing by the Customer to Couplands occurs in that time.
1.3 Couplands shall not, other than in the exercise of its rights under this agreement or applicable law, interfere with the Customer's quiet possession of the Equipment.
2. HIRE PERIOD
2.1 The Hire Period starts on the date of collection of the Hired Vehicle and continues, unless this agreement is terminated earlier in accordance with clause 15 or clause 17, until the end of the Hire Period when the Customer must return the Hired Vehicle to Couplands at Couplands’ Address.
2.2 If the Customer returns the Hired Vehicle:
2.2.1 before the end of the Hire Period, it shall not be entitled to any refund of the Hire Price:
2.2.2 after the end of the Hire Period, Couplands shall be entitled to charge the Customer on return of the Hired Vehicle for each additional day of hire at is standard hire rate per day.
3. PAYMENTS AND DEPOSIT
3.1 The Customer shall always pay:
3.1.2 the Administration Deposit on entering into the agreement with Couplands:
3.1.2 the Hire Price Balance eight weeks before the start of the Hire Period or at the same time as the Administration Deposit if there is less than eight weeks until the start of the Hire Period: and
3.1.3 the Damage Deposit on collection of the Hired Vehicle which will be released in accordance with clause 5 below.
3.2 If the Customer fails to pay any of the amounts which are payable under clause 4.1 by the relevant date for payment Couplands shall be entitled to terminate the agreement immediately on notice to the Customer and retain all sums which have been paid at the date of termination.
3.3 If there is more than one Customer stated in the Contract Details the Customers shall be jointly and severally liable under this agreement meaning one of them may be liable to Couplands for all the liabilities of the Customers under this agreement and will have to recover a contribution from the other Customer of any sums paid to Couplands.
3.4 In addition to the amounts stated above, the Customer may have to pay the following to Couplands:
3.4.1 the cost of any damage to the Vehicle or third-party property to the extent the same is not covered by the insurance taken out by Couplands under clause 13 below:
3.4.2 the items specifically stated as not being covered by the insurance as stated in clause 13.3 below:
3.4.3 any other fees or charges payable by the Customer pursuant to this agreement, including:
a) any amount payable under clause 3.2.2 above:
b) because of any breach of the terms of this agreement by the Customer:
c) any amount payable under clause 7.5 below,
3.4.4 the standard hire rate per day for each day that the Hired Vehicle is unable to be hired by Couplands because of repairs or cleaning due to the actions or negligence of the Customer to the extent the same are not covered by the insurance taken out by Couplands under clause 13 below:
3.4.5 any additional costs over and above the Damage Deposit should damages to the Hired Vehicle exceed the Damage Deposit to the extent the same are not covered by the insurance taken out by Couplands under clause 13 below:
3.4.6 any costs to recover a Hired Vehicle to the extent the same are not covered by the insurance or breakdown cover taken out by Couplands under clause 13 and clause 14 below:
3.4.7 a valeting and cleaning fee at Couplands’ standard rate if the Hired Vehicle is not returned in a reasonably clean condition internally:
3.4.8 £25 (inclusive of VAT) surcharges if the Customer has requested for a pet to be able to use the Hired Vehicle during its hire of the same:
3.4.9 £75 (inclusive of VAT) surcharges if the toilet cassette and waste-water tank are not emptied prior to the return of the Hired Vehicle:
3.4.10 the following if the Hired Vehicle is returned with a fuel tank:
a) full - £0
b) three quarters full to almost full - £50:
c) half full to three quarters full - £75:
d) quarter full to half full - £100:
e) empty to quarter full - £125,
3.4.11 all parking fines, other fines or penalties and associated administration costs incurred in relation to the Hired Vehicle during the Hire Period.
3.5 Couplands also reserves the right to recover full costs:
3.5.1 to return the Hired Vehicle to the original condition in which it was collected by the Customer in the event of damage: or
3.5.2 of a replacement vehicle of equivalent standard if the Hired Vehicle is damaged beyond repair, lost, stolen, seized or confiscated,
where such damage or loss of the vehicle is due to the action or inaction of the Customer and costs are not covered by the insurance taken out by Couplands under clause 13 below.
3.6 All payment above shall be paid in pounds sterling and shall be made in cleared funds to the bank account nominated in writing by Couplands.
3.7 The Hire Price are inclusive of VAT and any other applicable taxes and duties or similar charges which shall be payable by the Customer at the rate and in the manner from time to time prescribed by law.
3.8 Payment can be made by (i) bank transfer; (ii) debit card; or (iii) credit card (Visa or Mastercard only).
3.9 If the Customer fails to make a payment due to Couplands by the date for payment, then the Customer shall pay interest on the overdue sum from the payment date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
4. HIRE PRICE
4.1 The Hire Price includes:
4.1.1 VAT:
4.1.2 unlimited miles of usage during the Hire Period for use of the Hired Vehicle in the United Kingdom and 250 miles of usage per day for use of the Hired Vehicle in the European Union (again, being Austria, Belgium, Denmark, Finland, France, Germany, Italy, Luxembourg, Netherlands, Norway, Portugal, Republic of Ireland, Spain, Sweden and Switzerland):
4.1.3 insurance for use of the Hired Vehicle in the United Kingdom or the European Union on the basis set out in clause 9 below:
4.1.4 breakdown assistance for use of the Hired Vehicle in the United Kingdom or the European Union set out in clause 10 below: and
4.1.5 the Hired Vehicle having a full tank of petrol on collection of it.
5. CANCELLATION
5.1 The Customer may cancel the agreement for hire at any time before the commencement of the Hire Period on seven days’ written notice to Couplands using the cancellation form, which is attached to these terms, but upon such cancellation Couplands shall be entitled to retain the:
5.1.1 Administration Deposit which once paid shall be non-refundable in all circumstances as a payment to Couplands for its administrative costs in entering into the agreement with the Customer:
5.1.2 Hire Price Balance if paid before the expiry of the notice period for cancellation as such amount shall be non-refundable to the Customer after payment of as compensation for Couplands making the Hired Vehicle available exclusively to the Customer for the Hire Period.
6. CHANGE OF HIRED VEHICLE
Couplands will use its reasonable endeavours to ensure that the make and model of the Hired Vehicle requested by the Customer is available to it, but it reserves the right to provide an alternative, but equivalent Hired Vehicle if it is unable to provide the requested vehicle. The Customer shall not be liable for any additional costs in the event of an alternative being provided, but will also not be entitled to any refund and the provision of an alternative vehicle is not a breach of this agreement.
7. COLLECTION AND RETURN
7.1 Collection of the Hired Vehicle will occur at the Collection Location on the Collection Date and the Hired Vehicle must be returned to the Collection Location on or before the end of the Hire Period.
7.2 Collection and return on the dates specified in clause 8.1 can only be made between the hours of:
7.2.1 14.00 to 16.00 each day, except Sunday in respect of collection: and
7.2.2 10.00 to 12.00 each day, except Sunday in respect of return.
7.3 Any collection or return outside of those hours will entitle Couplands to charge additional fees of £50 per hour for each hour that the collection or return is either early or late by way of an administrative fee for such collection or return outside the designated hours.
7.4 On collection of the Hired Vehicle, the Customer and all additional drivers (who must be present at collection of the Hired Vehicle) will be asked to provide:
7.4.1 nationality of the Customer and any additional drivers:
7.4.2 for Customers and additional drivers from the United Kingdom, a valid driving licence and proof of address (bank statement, utility bill or credit card statement) dated in the 90 days before the date of commencement of the Hire Period of the Customer and any additional driver (whether notified to Couplands before or at collection):
7.4.3 for Customers and additional drivers from the EU, a valid driving licence, passport and proof of address (bank statement, utility bill or credit card statement) dated in the 90 days before the date of commencement of the Hire Period of the Customer and any additional driver (whether notified to Couplands before or at collection):
7.4.4 details of any endorsements on the driving licence of the Customer and any additional drivers, with the Customer acknowledging that he or any additional driver may not have more than 6 points endorsed on his or their licence or this will invalidate the insurance procured by Couplands under clause 9 below:
7.4.5 any insurance claims made by or relating to the Customer or additional drivers relating to any other vehicle driven by those persons:
7.4.6 credit or debit card to pay the Damage Deposit: and
7.4.7 permanent address of the Customer and any additional drivers that matches the proof of address provided under clause 8.3.1 above.
7.5 In the event:
7.5.1 the Customer fails to meet the requirements of clause 7.4, he shall not be entitled to collect the Hired Vehicle and Couplands will not release the Hired Vehicle until the Customer has complied with the requirements of clause 7.4:
7.5.2 any additional driver fails to meet the requirements of clause 7.4:he will not be entitled to drive the Hired Vehicle and any attempt to do so will be on an uninsured basis. Couplands reserves the right to refuse to hire the Hired Vehicle to the Customer at all in the event it suspects the Customer will allow the additional driver to drive the Hired Vehicle without insurance.
7.6 Couplands reserves the right to charge additional amounts at its standard rates in respect of any request to allow additional drivers of the Hired Vehicle over and above those which were notified to the Customer at the time of entering into this agreement.
7.7 The Customer will be requested as part of the collection process to inspect the Hired Vehicle alongside Couplands’ Representative and by signing the collection receipt, the Customer agrees that the Hired Vehicle has been collected in the condition and inclusive of the items stated on the inventory which forms part of the same.
7.8 The Customer agrees that the assessment of the condition of the Hired Vehicle (including items within it) will be assessed against the condition receipt and the inventory which forms part of it which is conclusive as to the condition of the Hired Vehicle (including the items within it) at the point of collection.
7.9 Collection and return processes of Couplands will take 1 hour and the Customer must remain at the Collection Location during this process. If the Customer does not remain and take part in the process:
7.9.1 in respect of collection of the Hired Vehicle, Couplands may refuse to allow the Customer to take the Hired Vehicle and terminate this agreement:
7.9.2 in respect of return, carry out the processes without the Customer’s input and the Customer shall be deemed to agree to the outcome of Couplands’ review of the vehicle and any amounts that are payable by the Customer to Couplands because of the same.
7.10 A charge will be made as set out in clause 4.3 above if the Hired Vehicle is not returned to Couplands:
7.10.1 undamaged:
7.10.2 with a full tank of diesel:
7.10.3 with the wastewater and toilet cassette having been emptied:
7.10.4 clean on the interior:
7.10.5 in the same condition as when it left the Collection Location,
7.11 The Customer will be requested as part of the return process to inspect the Hired Vehicle alongside Couplands’ Representative and by signing the return receipt, the Customer agrees that the Hired Vehicle (including the items within it) has been returned in the condition stated on the inventory which forms part of the same.
7.12 The Customer agrees that the assessment of the condition of the Hired Vehicle (including items within it) will be assessed against the return receipt and the inventory which forms part of it which is conclusive as to the condition of the Hired Vehicle (including the items within it) at the point of return.
7.13 If the Customer will be late in returning the Hired Vehicle, he must notify Couplands as soon as he becomes aware he will be late and give an estimate of how late the Customer will be returning the Hired Vehicle. A failure to notify may result in the driver being uninsured. Additional charges will be payable as per clause 3.2 above in the event of a late return of the Hired Vehicle.
8. DAMAGE DEPOSIT
8.1 The Customer shall pay the Damage Deposit in accordance with clause 4.1.3 above and shall only be re-paid the Damage Deposit in accordance with the terms of this agreement.
8.2 Couplands shall be entitled to set off the Damage Deposit against any amount owed by the Customer to it under this agreement which shall include any amounts owned under clause 3.2, clause 4.3, clause 4.8 and clause 10.8.
8.3 The Damage Deposit or a part of that amount after any set off under clause 9.2 will be returned on return of the Hired Vehicle at the Delivery Location if Couplands has no outstanding claims ongoing with the provider of the insurance under clause 10 below in respect of the Customer and its period of hire of the Hired Vehicle.
9. INSURANCE
Nature of Insurance
9.1 The insurance procured by Couplands as detailed in this clause 12 will only be in place if the Customer provides accurate, correct and complete information to Couplands. Any inaccurate, incorrect or incomplete information will invalidate the insurance and make the Customer liable for any damage, loss or theft of the Hired Vehicle.
9.2 Couplands will insure the Hired Vehicle during the Hire Period for:
9.2.1 damage to the Hired Vehicle:
9.2.2 theft of the Hired Vehicle:
9.2.3 damage caused to the property of a third party by the Hired Vehicle.
9.3 The Customer shall be solely liable for to Couplands for the following which are not covered by the insurance procured by Couplands:
9.3.1 any personal insurance cover for the Customer (including death or bodily injury to the driver and passengers):
9.3.2 cover any personal possessions of the Customer or his passengers:
9.3.3 overhead damage,
9.3.4 damage deemed because of the gross negligence of the Customer:
9.3.5 any internal damage to the Hired Vehicle:
9.3.6 windscreen, wingmirror or tyre damage:
9.3.7 any use of the vehicle outside the United Kingdom or the European Union (again, being Austria, Belgium, Denmark, Finland, France, Germany, Italy, Luxembourg, Netherlands, Norway, Portugal, Republic of Ireland, Spain, Sweden and Switzerland).
9.4 The insurance procured by Couplands as part of the Hire Price includes a standard excess of GB £1000 per accident or reported incident. In the event of any claim on the insurance procured by Couplands because of damage to either the Hired Vehicle or third-party property, the Customer will be liable for the first GB £1000 per claim.
9.5 The Customer acknowledges that only he and additional drivers specifically agreed with Couplands are insured to drive the Hired Vehicle and if the Customer allows any other person to drive the Hired Vehicle, such driver will be uninsured but the Customer shall remain fully liable to Couplands for any damage to the Hired Vehicle, passengers within the Hired Vehicle, any third-party vehicle or death or personal injury of any third party.
Responsibility When Accident Occurs
9.6 If an accident, loss or damage occurs during the Customer’s possession of Hired Vehicle, the Customer must:
9.6.1 inform Couplands within 24 hours of the accident, loss or damage happening and provide an accident claim form (as supplied in the Hired Vehicle) to Couplands within 48 hours of the accident, loss or damage happening:
9.6.2 gain the names and addresses of any third parties and any witnesses:
9.6.3 report the event to the nearest police station to where the event occurred
9.6.4 not make any admission of liability to any third parties or make any settlement offer or other like offer:
9.6.5 without any cost to Couplands, provide Couplands with such assistance as it or its insurance in respect of any claim resulting from an accident, loss or damage which includes providing accurate and complete information and if required, attending court to give evidence.
9.7 The customer acknowledges that the excess or other amount due by them in respect of any damage arising from an accident, loss or damage is payable at the time of reporting the event and not at the completion of the rental period, regardless of which party is at fault.
Unless covered by the insurance procured by Couplands, the Customer will pay for the following costs resulting from an accident, loss or damage regardless of which party is at fault:
9.7.1 the delivery of a changeover vehicle:
9.7.2 any hotel stays for the Customer and his passengers: and
9.7.3 transport costs of the Customer and his passengers from the location of the accident, loss or damage to the Delivery Location.
9.8 No Damage Deposit or insurance excess will be refunded until the claim relating to an accident, loss or damage is settled.
10. SYSTEM FAULT AND MECHANICAL BREAKDOWN
10.1 Couplands will:
10.1.1 conduct a full system assessment before the collection of the Hired Vehicle and will ensure so far as reasonably possible that when the Hired Vehicle is collected those systems are operating correctly:
10.1.2 conduct a mechanical check of the Hired Vehicle before the collection and will ensure so far as reasonably possible that when the Hired Vehicle is collected the Hired Vehicle is mechanically operating correctly:
10.1.3 provide the Customer with an operating manual for the systems of the Hired Vehicle within the same and give guidance on use of the same on collection: and
10.1.4 attempt to remotely assist the Customer, if possible, with any system fault or failure.
10.2 Except as stated in clause 10.5, if a system failure or fault or mechanical breakdown occurs which renders the Hired Vehicle unusable, the Customer must inform Couplands as soon as reasonably practicable of such failure, fault or breakdown and follow the processes in the breakdown manual contained within the Hired Vehicle which details the breakdown cover procured by Couplands in respect of the Hired Vehicle.
10.3 If Couplands is unable to remotely assist the Customer to resolve the system failure, fault or breakdown and such failure or fault is not caused by misuse of the Hired Vehicle by or negligence of the Customer, Couplands will reimburse the Customer and his known for the price of a one night stay at a hotel (subject to a maximum of £200.00 and production of a receipt by the Customer) and if the Hired Vehicle cannot be repaired, it will organise or reimburse the Customer for travel from the location of the Hired Vehicle to the Delivery Location.
10.4 The liability of Couplands under clause 11.3 shall be its sole liability to the Customer in the event of a system failure or fault which renders the Hired Vehicle unusable.
10.5 Couplands will reimburse the Customer for the cost of repaired or replaced tyres (subject to maximum of £75 per tyre and the Customer producing receipts) unless such tyre is replaced due to the negligence of the Customer or additional drivers during their use of the Hired Vehicle.
11. DRIVERS
11.1 The Customer agrees there shall be a maximum of three drivers per hire of the Hired Vehicle during the Hire Period and one of these must be the Customer.
11.2 The Customer and all additional drivers must:
11.2.1 provide the information required under clause 7.4:
11.2.2 be between 25 and 70 years of age throughout the Hire Period:
11.2.3 have held a valid licence for more than 2 years entitling them to drive a UK category B vehicle up to 3500kg MAM:
11.2.4 if hiring a manual vehicle, hold a manual licence or if hiring an automatic vehicle hold a manual or automatic licence: and
11.2.5 be physically present at the collection of the Hired Vehicle to be able to drive the Hired Vehicle and if not present, they will not be entitled to drive the Hired Vehicle.
11.3 The Customer agrees that he and any additional divers holding an automatic only licence can only hire and drive Couplands’ automatic vehicles.
11.4 The Customer may request an additional driver of the Hired Vehicle be over the age of 70, but he will be liable to pay any uplift in the insurance cover provided by Couplands under clause 9 and breakdown cover provided by Couplands under clause 10 because of such additional driver. The Customer may not request any driver under the age of 25 be an additional driver.
11.5 In the event:
11.5.1 the Customer fails to meet the requirements of this clause 10, he shall not be entitled to collect the Hired Vehicle and Couplands will not release the Hired Vehicle until the Customer has complied with the requirements of this clause 10:
11.5.2 any additional driver fails to meet the requirements of this clause 10, he will not be entitled to drive the Hired Vehicle and any attempt to do so will be on an uninsured basis. Couplands reserves the right to refuse to hire the Hired Vehicle to the Customer at all in the event it suspects the Customer will allow the additional driver to drive the Hired Vehicle without insurance.
12. TITLE, RISK
12.1 The Hired Vehicle shall at all times remain the property of Couplands, and the Customer shall have no right, title or interest in or to the Hired Vehicle other than the right to possession and use of the Hired Vehicle under the terms and conditions of this agreement.
12.2 The Customer shall not and shall not agree, attempt, offer or purport to sell, assign, sublet, lend, pledge, mortgage, let on hire, or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Hired Vehicle.
12.3 The risk of loss, theft, damage or destruction of the Hired Vehicle shall remain with Couplands during the Hire Period, unless any such loss, theft, damage or destruction is not covered by the insurance provide by Couplands under clause 9 below due to the actions, negligence or inactions of the Customer in which event the Hired Vehicle shall be at its risk at the time of any such loss, theft, damage or destruction.
13. CUSTOMER'S RESPONSIBILITIES
13.1 The Customer shall before and during the Hire Period ensure that statement, representation or information made or provided by the Customer to Couplands (including in respect of himself or additional drivers) is true and accurate.
13.2 The Customer shall before and during the Hire Period:
13.2.1 ensure that the Hired Vehicle is kept and operated in a suitable environment, used only for the purposes for which it is designed, and driven in a proper, prudent and normal manner on appropriate road surfaces for the type of vehicle it is:
13.2.2 not allow the Hired Vehicle to be driven by a person:
a) under the influence of alcohol or drugs or with a blood alcohol level more than that permitted in law:
b) under the age of 25 years.
c) that are not authorised by law to drive the Hired Vehicle.
13.2.3 check the Hired Vehicle’s oil, coolants, screen wash, Ad Blue, tyre pressure and batteries:
13.2.4 maintain at its own expense the Hired Vehicle’s consumables (including oil, coolants, screen wash and Ad Blue):
13.2.5 make no alteration to the Hired Vehicle and shall not remove any existing component (or components) from the Hired Vehicle:
13.2.6 keep Couplands fully informed of all material matters relating to the Hired Vehicle:
13.2.7 always keep the Hired Vehicle in the United Kingdom and European Union (again, being Austria, Belgium, Denmark, Finland, France, Germany, Italy, Luxembourg, Netherlands, Norway, Portugal, Republic of Ireland, Spain, Sweden and Switzerland):
13.2.8 only allow United Kingdom or European Union nationals notified and agreed with Couplands drive the Hired Vehicle:
13.2.9 only allow the number of passengers and pets into the Hired Vehicle as agreed with Couplands and not use the Hired Vehicle to carry more persons than is permitted by any relevant authority or detailed in the Hired Vehicle’s manual:
13.2.10 permit Couplands or its duly authorised representative to inspect the Hired Vehicle at all reasonable times and for such purpose to enter on the Site or any premises at which the Hired Vehicle may be located, and shall grant reasonable access and facilities for such inspection:
13.2.11 not, without the prior written consent of Couplands, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Hired Vehicle or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
13.2.12 not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of Couplands in the Hired Vehicle:
13.2.13 not suffer or permit the Hired Vehicle to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Hired Vehicle is so confiscated, seized or taken, the Customer shall notify Couplands and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Hired Vehicle and shall indemnify Couplands on demand against all losses, costs, charges, damages and expenses reasonably incurred as a result of such confiscation;
13.2.14 not use the Hired Vehicle for any unlawful or business purpose:
13.2.15 always ensure that the Hired Vehicle remains identifiable as being Couplands' property and wherever possible shall ensure that a visible sign to that effect remains attached to the Hired Vehicle:
13.2.16 not do or permit to be done anything which could invalidate the insurance referred to in clause 9 or breakdown cover referred to in clause 10:
13.2.17 ensure the Hired Vehicle is not left with the ignition key in the Hired Vehicle while it is unoccupied or unoccupied without the steering wheel security lock applied and the TV/DVD/satellite navigation unit covered:
13.2.18 not be used:
a) for any illegal purpose for any race, rally or contest:
b) to tow any vehicle or trailer:
c) to carry volatile liquids, gases (other than gas bottles provided by Couplands), explosives or other corrosive or inflammable material,
13.2.19 not allow any smoking in the Hired Vehicle:
13.2.20 ensure:
a) all passengers use suitable safety restraints whilst in the Hired Vehicle:
b) any children that are passengers in the Hired Vehicle are sat in suitable child seats considering current advice in respect of use of the same and which it shall be the responsibility of the Customer to provide.
13.3 All vehicles that Couplands hires have vehicle tracking system installed within them and if any misdemeanour or otherwise we may retrieve information, and this may be provided to the authorities if requested.
14. LIMITATION OF LIABILITY
14.1 Nothing in this Agreement limits any liability for:
14.1.1 death or personal injury caused by negligence:
14.1.2 fraud or fraudulent misrepresentation:
14.1.3 any liability that legally cannot be limited.
14.2 Subject to clause 15.1, Couplands shall not be liable under this Agreement for any:
14.2.1 loss of profits, business, contracts, anticipated savings or goodwill of the Customer who is not able to hire the Hired Vehicle for business purposes; or
14.2.2 indirect or consequential loss of the Customer that is not foreseeable because of the relevant breach of this agreement by Couplands.
15. TERMINATION
15.1 Without affecting any other right or remedy available to it and any other right to terminate this agreement Couplands may have under any other clause of this agreement, Couplands may terminate this Agreement with immediate effect by giving written notice to the Customer if:
15.1.1 the Customer fails to pay any amount due under this Agreement on the due date for payment:
15.1.2 the Customer commits a material breach of any other term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 3 days after being notified [n writing to do so:
15.1.3 the Customer repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement:
15.1.4 the Customer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts under section 268 of the Insolvency Act 1986: or
15.1.5 the Customer (being an individual) is the subject of a bankruptcy petition, application or order.
15.2 The Customer may terminate this Agreement with immediate effect by giving written notice to the Couplands if any of the matters in clauses 16.1.1 to clause 16.1.3 apply to Couplands or if:
15.2.1 Couplands suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts under section 123 of the Insolvency Act 1986: or
15.2.2 Couplands (being a company) is the subject of a wind-up petition, application or order.
16. CONSEQUENCES OF TERMINATION OR EXPIRY
16.1 On expiry or termination of this Agreement, however caused:
16.1.1 Couplands' consent to the Customer's possession of the Hired Vehicle shall terminate and unless specified otherwise, the Customer shall at its own cost return the Hired Vehicle to the Delivery Location unless the termination occurs under clause 16.2 above in which event such return shall be at Couplands’ cost.
16.1.2 Couplands may, by its authorised representatives, without notice and at the Customer's expense, retake possession of the Hired Vehicle and for this purpose may enter the premises at which the Hired Vehicle is located: and
16.1.3 the Customer shall ensure the safe and proper storage of the Hired Vehicle until it has been collected by Couplands or returned by the Customer to the Delivery Location.
16.2 Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this Agreement shall remain in full force and effect.
16.3 Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.
17. DATA PROTECTION
17.1 Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of all legislation and regulatory requirements in force from time to time in the UK relating to the use of personal data and the privacy of electronic communications, including (i) the Data Protection Act 2018 and any successor UK legislation, (ii) the retained EU law version of General Data Protection Regulation ((EU) 2016/679) (UK GDPR), and (iii) the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party.
17.2 Couplands shall process the Customer and its passengers personal data in accordance with its privacy policy which is available on its website and will be provided to the Customer along with these terms and conditions.
18. MISCELLANEOUS
18.1 Neither party shall be liable for any delay of failure in the performance of its obligations for so long as and to the extent that such delay or failure results from events, circumstances or causes beyond its reasonable control. If the period of delay or non-performance continues for [NUMBER] days, the party not affected may terminate this Agreement by giving [not less than [NUMBER] days'] written notice to the affected party.
18.2 This agreement is personal to the Customer, and he shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this agreement. This agreement shall be freely assignable by Couplands without the consent of the Customer.
18.3 This agreement constitutes the entire agreement between the parties, and each party acknowledges that in entering into this agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it has no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
18.4 No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
18.5 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
18.6 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
18.7 A delay or failure to exercise, or the single or partial exercise of, any right or remedy does not waive that or any other right or remedy, nor does it prevent or restrict the further exercise of that or any other right or remedy.
18.8 Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
18.9 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.
18.10 If any provision or part-provision of this Agreement is deemed deleted under clause 0 the parties shall negotiate in good faith to agree a replacement provision that, to the Customer extent possible, achieves the intended commercial result of the original provision.
18.11 This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
18.12 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.