TERMS AND CONDITIONS OF HIRE

Index

 

 

1. Rental Agreement:​

1.1 The contract is with us, the provider of the vehicle, EVision Electric Vehicles (‘EVision’) and you (‘The Hirer’), as named on the rental agreement. ​These Terms and Conditions are part of the rental agreement.

1.2 EVision will provide a safe and road legal vehicle of the specification agreed with The Hirer for The Hirer to use on the public highway. EVision will provide all servicing and maintenance as recommended by the manufacturer to the vehicles and at the appropriate intervals. Repairs necessary due to misuse or damage will not be covered by EVision. 

1.3 EVision will be responsible for contacting the manufacturer or dealer for any maintenance or repairs of the vehicle unless The Hirer obtains express written permission to contact the manufacturer or dealer for any maintenance or repairs.

1.4 If The Hirer chooses to contact a manufacturer or dealer directly and arrange for any maintenance or repairs to the vehicle they must obtain the express written authorisation from EVision first.

       1.4.1 Failure to obtain the required authorisation from EVision will result in The Hirer being liable for all costs incurred or invoices raised in respect of these charges.

       1.4.2 Clause 1.4.1 will apply even where any maintenance and/or repair costs would otherwise have been the responsibility of EVision had The Hirer obtained the written authorisation from EVision to contact the manufacturer or dealer directly.

2. The Vehicle:​ ​

2.1 EVision will provide the vehicle and all mandatory safety equipment (‘the vehicle’) in a roadworthy condition, properly taxed and with a valid MOT where required.

2.2 The Hirer must​ return the vehicle and optional extras in the same condition as provided, excepting fair wear and tear. 

        2.2.1 The Hirer must ensure that the vehicle is checked thoroughly before driving away. 

        2.2.2 The Hirer must ask EVision to rectify the vehicle condition report at the beginning of the hire if there is any unrecorded damage.

2.3 The Hirer must: 

(i) exercise all reasonable care and skill when using the vehicle,
(ii) Use​ the vehicle in accordance with the​ laws of the country in which it is being driven,
(iii) Use​ the vehicle in a ​lawful manner​ and for l​awful purposes,
(iv) Lock ​the vehicle when it is not being used and ensure that all windows, roof openings, removable roof panels or hood are ​properly closed,
(v) Stop​ using the vehicle immediately, if safe to do so, and notify EVision as soon as The Hirer becomes aware of any fault with the vehicle.

2.4 The Hirer must not: 

(i) leave the key in the vehicle,
(ii) smoke in the vehicle,
(iii) use the vehicle to transport flammable, explosive, corrosive or combustive material,
(iv) allow any person other than an authorised driver to use the vehicle,
(v) use the vehicle for any illegal purpose,
(vi) use the vehicle for racing,
(vii) use the vehicle for towing unless expressly authorised by EVision.

2.5 EVision will provide a clean vehicle to The Hirer.

          2.5.1 The Hirer must not transport any animals in the vehicle without first obtaining express authorisation from EVision. 

          2.5.2 Guide Dogs and Assistance Dogs are exempt from the requirements of clause 2.5.1.

          2.5.3 All vehicles must be returned in the same condition that they went out. 

          2.5.4 The Hirer will be responsible for any additional charges for cleaning or repairing damage on or in the vehicle.

2.6 The Hirer must obtain express written permission from EVision to take the vehicle outside of the United Kingdom.

          2.6.1 The Hirer is responsible for satisfying any legal requirements for taking the vehicle outside of the United Kingdom.

         2.6.2 The Hirer must provide to EVision any documents that are legally required to take the vehicle outside of the United Kingdom.

                 2.6.2.1 EVision require to see the original version of the documents and will make copies of these documents to keep on file for the duration of the hire period.

2.7 Additional Drivers: The Hirer is responsible for ensuring that any additional drivers are fully insured, whether this be through insurance provided by EVision or through insurance obtained by The Hirer or by the additional driver.

         2.7.1 The Hirer must provide EVision with a copy of any insurance documents for the additional driver prior to the vehicle being driven by the additional driver.

         2.7.2 The Hirer must ensure that the additional driver is added to the rental agreement.

         2.7.3 The Hirer will be responsible for any charges and/or costs incurred from damage, cleaning of the vehicle, and/or any other breaches of this agreement caused by any additional driver.

2.8 Passengers: The Hirer is responsible for any passengers in the vehicle and will be responsible for any charges and/or costs incurred from damage, cleaning of the vehicle and/or any other breaches of this agreement caused by any passenger.

3. Insurance:

3.1 EVision can provide The Hirer with insurance.

        3.1.1 Insurance provided by EVision does not cover use of the vehicle for hire and reward or for private hire purposes.

3.2 Any Hirer who works in entertainment, the theatrical profession, racing or gambling is required to provide additional information as required by EVision should they wish to obtain insurance provided by EVision.

        3.2.1 The Hirer must contact EVision to find out what additional information is required.

3.3 If The Hirer wants EVision to provide insurance cover for the vehicle, then EVision will do so at an additional cost and the following terms will apply:

       3.3.1 The vehicle may only be driven by The Hirer’s pre-notified driver and any additional driver(s) authorised by EVision.

      3.3.2 If The Hirer or anyone on their behalf deliberately causes damage to, or loss of the vehicle then The Hirer will have to pay for the cost of repair or replacement of the vehicle, even though it was insured at the time.

      3.3.3 The Hirer is liable for all negligent damage, including but not limited to, damage to any part of the vehicle body, mirrors, sidewalls of tyres, charging cable, light lenses, loss and/or damage to the keys.

     3.3.4 The Hirer agrees to pay the pre-agreed excess fee in the event of any accidental damage.

    3.3.5 Accidental damage will be covered by EVision over the pre-agreed excess value.

3.4 Where The Hirer has decided to provide their own insurance for the vehicle, then the following terms will apply:

    3.4.1 The Hirer is responsible for insuring the vehicle from the moment they take possession of the vehicle until the time it is returned to the possession of EVision. 

            3.4.1.1 The vehicle will remain on hire until it is physically in EVision’s possession and re-inspected by EVision. 

            3.4.1.2 If the return condition of the vehicle is not the same as supplied, the vehicle will remain on hire until such time as we receive a satisfactory settlement from The Hirer or their insurance company.

     3.4.2 The Hirer must insure the vehicle to its full value, against loss or damage (including windscreen damage) by accident, fire or theft, under a comprehensive insurance policy with a reputable insurance company. 

            3.4.2.1 The Hirer must supply EVision with full details of the insurance cover upon request.

            3.4.2.2 The Hirer must instruct the insurance company to note EVision’s interest on the policy. 

            3.4.2.3 If The Hirer does not insure the vehicle comprehensively, and EVision suffers a loss as a result, The Hirer must compensate EVision for that loss. 

            3.4.2.4 If for any reason the amount EVision receives from the insurance company is less than the loss EVision suffers, The Hirer must pay the difference.

3.5 Insurance provided by EVision does not cover any contents left in the vehicle, including, but not limited to, tools, electrical equipment, sporting equipment, props, costumes and personal items.

      3.5.1 If using the EVision hire vehicle for commercial purposes, EVision highly recommends obtaining vehicle contents insurance to cover any equipment, goods or other items being carried in the vehicle.

4.Delivery Collection Service:​

4.1 If The Hirer uses the EVision delivery service, ​The Hirer becomes responsible​ for the vehicle once EVision has left the vehicle at the agreed delivery address. 

4.2 If The Hirer uses the EVision collection service, The Hirer will remain responsible for the vehicle until EVision has checked that the vehicle is in a satisfactory condition and has taken possession of the vehicle’s keys.

     4.2.1 The vehicle will remain on hire until it is in a satisfactory condition.

5. Rental Period:​

5.1 ​The Hirer is responsible​ for the vehicle and any optional extras for the duration of the rental period.

5.2 The Hirer’s rental period starts at the time and date agreed on The Hirer’s rental confirmation/rental agreement and ends when EVision acknowledges that they have the vehicle and keys back (‘check-in’) and the vehicle is in satisfactory condition.

     5.2.1 The vehicle will remain on hire until it is in a satisfactory condition.

5.3 The Hirer must​ return the vehicle (unless EVision is providing a collection service) during office opening hours to EVision at the agreed rental location. 

     5.3.1 If The Hirer chooses to drop off the vehicle ‘out-of-hours’ or leave before EVision check-in the vehicle, The Hirer does so ​at their own risk and will remain responsible until check-in.

5.4 Early Returns:​ If The Hirer returns the vehicle and any optional extras early, The Hirer will lose the benefit of any special offers if they do not meet their requirements. This may result in the rental costing more.​ 

    5.4.1 EVision will not refund any unused prepaid daily rental or optional extra charges to The Hirer.

5.5 Late Returns:​ Unless agreed differently, ​The Hirer must return​, or make available for collection, the vehicle and any optional extras at the time, date and location stated on their rental agreement. 

    5.5.1 EVision will allow a grace period of 29 minutes from the agreed return time as shown on the rental agreement. 

    5.5.2 If The Hirer has not extended their hire and EVision has not heard from The Hirer within the grace period of the agreed return time, The Hirer will be charged an additional day’s hire for every 24 hours, or part thereof, the vehicle isn’t returned. 

    5.5.3 EVision may, depending on the circumstances, also regard the vehicle as having been stolen and will report this to the police. 

    5.5.4 EVision will take all lawful means to recover the vehicle, including but not limited to repossession of the vehicle or obtaining a Court Order requiring The Hirer to return the vehicle and/or pay EVision an amount equal to the car’s market value.

5.6 If EVision have to take steps to recover the vehicle, ​The Hirer hereby gives permission to access their premises for the purposes of recovering the vehicle so long as EVision does not use unreasonable force or cause damage; and The Hirer must pay all reasonable costs, including, where permissible, legal or professional costs, charges and fees, including where applicable, any administration fee or damage administration fee or unauthorised extension fee.

6. Costs:​ ​

6.1 The Hirer must pay​ the amounts on the rental agreement for the vehicle and for any optional extras for the rental period, including the agreed deposit, in advance, unless The Hirer has an approved credit account. 

6.2 The Hirer must pay for any extensions to the rental period, including for optional extras that have been agreed to. 

6.3 The Hirer must pay costs for theft and damage repairs, specialist cleaning services, towing fees, toll charges, recovery fees (impountation by police, customs officers or any other personal working in an official capacity), parking (including any Tesla supercharger idle fees, these are at a charge of £0.70 + VAT per minute), traffic or other fines and charges and an administration and processing fee, of £20 + VAT per occasion.

6.4 Any deposit paid by The Hirer to EVision will be held until a minimum period of 7 days after the hire has terminated. 

     6.4.1 During this 7 day period all outstanding hire charges and other charges will be calculated and invoiced to the customer. 

     6.4.2 Once the account has been invoiced any appropriate return of deposit will be made approximately 7 days after the hire terminates, although this may be up to 14 days in certain circumstances and times of the year. 

7. Fines and Charges:​ ​

7.1 The Hirer must pay​ for any​ parking charges or traffic fines incurred during the rental period related to their use of the vehicle. These include any fixed penalty offences under part III or section 66 of The Road Traffic Act 1988; in pursuit of an order under section 45 and/or 46 of The Road Regulation Traffic Act 1984; incurred under The Road Traffic Act 1991 or parking charges issued on private land in accordance with Schedule 4 of the Protection of Freedom Act 2012.

7.2. Penalty Charge Notices: In the event that EVision receives an invoice and/or Penalty Charge Notice or a request for the details of the driver from the appropriate competent and lawful authority, EVision will supply the required information in a timely and swift manner. 

      7.2.1The process of identifying the vehicle and The Hirer and supplying the appropriate information, usually by post and with copy documentation is lengthy and time consuming. In this case, EVision will charge The Hirer an admin fee of £20+VAT to cover the time and costs of processing this mandatory documentation.

     7.2.2 Although EVision will appropriately deal with any Penalty Charge Notice or other invoice in a timely and swift manner, EVision accepts no liability for any Penalty Charge Notice or other invoice that is received by The Hirer after any penalty reduction or discount period has expired.

8. Vehicle Recovery:​ ​

8.1 The Hirer must pay​ for any recovery costs and administration costs if the vehicle is impounded by the police, customs officers or any other person or body working in a lawful and official capacity.

9. Accidents, Theft and Damage:​

9.1 The Hirer must notify​ (i) the police immediately (if necessary) and (ii) EVision, if the vehicle has been involved in an accident or damage event, even if no third party was involved.

9.2 If the vehicle is lost, stolen or damaged and The Hirer is using EVision’s self drive insurance, The Hirer must ​pay the excess stated in the rental agreement, as well as on-going rental charges until the vehicle is repaired or replaced. 

      9.2.1 ​If The Hirer is not using EVision’s self drive insurance and therefore providing their own insurance cover then The Hirer/ insurers are responsible for damage repair costs and/or any replacement costs and on-going rental charges until the vehicle is repaired or replaced.

9.3 The Hirer is not liable​ for any loss or damage to the extent that the loss or damage is attributable to EVision’s failure to maintain the vehicle.

9.4 Alloy damage repair is not included under fair wear and tear. The insurance or tyre waiver does not cover alloy damage and The Hirer will be responsible to pay the repair fees if they return the car with alloy damage.

10. Excess & Waiver: ​

10.1 If the loss or damage is attributable to: 

(i) The Hirer’s deliberate or fraudulent act, omission or gross negligence (to the extent that such terms are used under applicable law) or
(ii) a deliberate breach of section 2 (The Vehicle) and 9 (Accidents, Theft and Damage)

Any self drive insurance provided by EVision will not cover The Hirer and EVision will be entitled to claim losses or damages against The Hirer in an amount equal to the severity of the negligence up to the full amount of the damage or loss EVision has incurred or will incur (whichever is greater), to the extent allowed under applicable law. 

10.2 EVision Self Drive Insurance doesn’t cover any tyre damage or screen damage, beyond fair wear and tear.

10.3 If The Hirer is using their own insurance and the car is damaged,​ The Hirer is liable​ for any additional rental costs while the vehicle is being repaired. 

10.4 EVision will only accept return of the vehicle once necessary repairs have been carried out on the vehicle by a repairer who has been approved by EVision.

11. Legal Rights over the Vehicle: ​

11.1 The rental agreement ​does not confer any legal ownership rights​ of the vehicle to The Hirer.

11.2 The Hirer must not:

  • Sell, rent or otherwise dispose of the vehicle.
  • Give anyone any legal rights over the vehicle.
  • Let anyone carry out work on the vehicle without the express permission of EVision.

11.3 If the loss or damage is because of any additional driver’s or passenger’s deliberate or fraudulent act, omission or gross negligence (to the extent that such terms are used under the applicable law) then section 7 equally applies in those circumstances. 

12. Changes to your Rental:​ ​

12.1 The Hirer must pay​ for any increase in hire prices if: 

      12.1.1 The Hirer changes the rental period or if they exceed any agreed mileage allowance. 

      12.1.2 The Hirer returns the car to a different location other than the approved collection and return locations as specified by EVision.

12.2 The Hirer must pay​ a collection fee if the vehicle is being collected at the end of the hire unless pre-agreed to the contrary.

12.3 All vehicles are subject to availability. ​

12.4 If the hire rate quoted and agreed is based on a particular hire length, then that hire rate will only apply provided that minimum hire length occurs. 

12.5 If The Hirer should terminate the hire early for any reason, then any appropriate increased hire rate will apply from the outset of the hire, due to the hire duration not reaching the agreed minimum period.

13. Mileage and Fair Usage Policy:

13.1 ​All cars are subject to our ​Fair Usage Mileage Policy​ which allows 20,000 miles for 3 months + hires. For hires under 3 months, this is 150 miles per day. Miles over this limit will be charged at £0.15 per mile + VAT.

13.2 All Tesla Model S, Tesla Model X and Tesla Model 3 vehicles benefit from free and ​unlimited supercharging​ at all Tesla Supercharging Points. This is in conjunction with EVision’s Fair Usage Policy (up to 20,000 miles charged at Tesla Superchargers per 12 month hire).

14. Replacement Tyres:

14.1 EVision will replace one set of four tyres per annum during any rental period if the tyres on an EVision vehicle reach a depth of 2mm or below. 

14.2 If more than one set of four tyres is needed throughout a 12 month period of hire, then The Hirer will be responsible for replacing additional tyres at their own cost. 

14.3 Tyre damage including punctures, cuts, impacts, cracks and bulges are not covered by EVision’s insurance or associated waivers. The Hirer will be liable for the costs of any tyre damage due to these circumstances.

15. Free Wallbox Home / Work Charger:​

15.1 For all hires 12 months and greater, EVision will provide a free vehicle charging point 

15.2 The cost of installation is not included with the supply of a free wallbox.

16. Payments:​

16.1 EVision’s payment terms for all bookings, except for credit account bookings, are: full deposit + rental amount or 1 month’s hire (whichever is the lesser) to confirm any booking. 

16.2 Wedding car balances will be taken 30 days prior to the event. 

16.3 Any charges on your credit card statement may be shown as “H.E. Services (Plant Hire) Ltd”.

17. Payment Terms:

17.1 All credit accounts shall be paid within 30 days of the invoice date.

17.2 Punctual payment of hire charges shall be of the essence for this Hire Agreement and The Hirer shall be in breach of this Agreement if any part thereof shall remain unpaid for more than seven days after becoming due.

17.3 Where a Direct Debit mandate payment is cancelled, rejected or is unpaid by The Hirer’s bank, or where a Debit / Credit Card payment has been rescinded, interest shall be charged and be payable upon the unpaid amount(s) of any accounts or invoices immediately. 

17.4 Interest shall be charged and be payable upon the amount(s) of any accounts or invoices remaining unpaid beyond 30 days, such interest to be calculated at the rate of 2.5% per month to be calculated on a daily basis on the balance outstanding and compounded monthly.

17.5 If any account remains outstanding after a period of 60 days from invoice date, is over its credit limit or if credit facilities have been withdrawn, the matter may be referred for debt collection action and EVision reserve the right to pass the cost (both internal and external) of any such service, including, if permitted under court rules and Practice Directions, that of Solicitors (both before and after the issue of court proceedings) or other action under The Corporate Insolvency and Governance Act 2020 (if any), on to The Hirer’s account which amount will be due and payable within 14 days. 

       17.5.1 Internal costs include, but are not limited to: 

i) £15 for each telephone call made to request payment of an outstanding account as described above,
ii) £25 per calendar month Arrears Management Fee,
iii) £100 for each visit by EVision manager or external field agent. The internal costs that are added to the account reflect the cost of the additional administrational work carried out whilst managing the outstanding account as described above. 

17.6 Where The Hirer has a grievance for which they believe they are due a credit, the undisputed sum whether part of an invoice or a number of invoices must be paid within EVision ’ standard credit terms. 

       17.6.1 EVision accepts that part payment of an invoice in these circumstances shall not be considered proof that the entire invoice is accepted as payable by The Hirer. 

       17.6.2 Interest will accrue on the undisputed sum if payment is not received to terms in accordance with Clause 17.3. 

       17.6.3 If the disputed sum is proved to be owing to EVision or is paid by The Hirer to EVision then EVision reserves the right to charge interest on this originally disputed sum as well. Interest will be charged at the rate shown in clause 17.3.

17.7 If discount is negotiated from EVision’s list prices these discounts are conditional upon payment being made to EVision’s terms. EVision reserves the right to disallow such discounts where payment is overdue and therefore invoice the discount amount, which will be immediately payable.

17.8 Payment for short-term rental will need to be made in full at the start of the hire period, unless The Hirer holds an approved credit account.

17.9 Payment for all long-term rentals will need to be made monthly, in advance unless The Hirer holds an approved credit account. This amount will be invoiced on the first day of each calendar month. 

       17.9.1 If the hire is to start mid-way through the month, you will be charged the remaining days of the month at a daily pro rata rate and then from the first day of the following calendar month you will be invoiced for the monthly rental which is to be paid in advance.

17.10 The Hirer must make all payments due under this agreement without set-off counterclaim, deduction or withholding unless required to do so by law. 

17.11 The following events are events of default and repudiations by you of all leases:

a) We do not receive any rental vehicle within 5 days of its due date
b) You commit a breach of any term of this agreement, or of a term of any security held by us from time to time from you, and, if it is capable of remedy, that breach is not remedied within 10 days of its occurrence
c) For companies, trusts or limited liability partnerships:

     i) You pass or call a meeting to pass a resolution for  your winding up or a winding up petition is presented against you
     ii) Any step is taken with a view to the appointment of a liquidator, receiver or administrator in relation to you or any assets, or for a moratorium under The Insolvency Act 2000.
     iii) Your centre of main interests under Council Regulation (EC) No. 1346/2000 of 29th May 2000 is no longer located in the United Kingdom 

d) Distress (in Scotland diligence) or execution or enforcement is threatened or made against you
e) A meeting of your creditors is called or you propose a voluntary agreement or you cease to trade a petition for the appointment to you of an administrator is presented
f) You have become insolvent or (in Scotland) you are apparently insolvent

18. Direct Debit Mandates:

18.1 As part of EVision Direct Debit Guarantee if an error is made by EVision or the Bank/Building Society, The Hirer is guaranteed a full and immediate refund from the branch of the amount debited.

18.2 Where EVision holds signed Direct Debit mandates, payments will be taken on the last working day of each month for the preceding month’s invoices for approved credit accounts unless otherwise agreed. 

     18.2.1 In cases where the credit limit is exceeded, payments on account may, at EVision’s discretion, be taken weekly and The Hirer will be advised in advance of the amounts and dates. 

     18.2.2 If no credit account is held then payments (including deposit payments) will be taken in advance of the hire.

18.3 Some accounts are offered by EVision only provided a Direct Debit Mandate is completed. Additional credit is also occasionally offered to some account holders because EVision holds a signed mandate.

18.4 EVision reserves the right to close an account or reduce a credit limit as it deems fit if a Direct Debit Mandate is cancelled, rejected or unpaid. Should an account be closed for this reason all outstanding monies become due for immediate payment.

19. Internet, Email Communications and E-Commerce Transactions:

19.1 Where available, hirers may place orders directly on the EVision website at www.evisionevs.co.uk using an electronic order form/system and/or e-commerce solutions. 

      19.1.1 Any Hirer that holds a credit account may use an “account order” form. 

      19.1.2 Any Hirer paying by credit card must use a “credit card order” form. 

      19.1.3 The provision of details by The Hirer using either of these methods shall not be considered an order until confirmed to The Hirer by EVision.

19.2 Where correspondence/transactions are carried out by e-mail or e-commerce, the electronic “signature” or e-mail “signature” shall constitute an authorised signature on behalf of either party and shall bind both parties to the hire contract.

19.3 EVision and its e-commerce provider will take all reasonable steps to ensure security is of the highest order and endeavour to ensure that your Statutory Rights and protections under the Data Protection Act 2018 are unaffected.

20. Data Protection Act and Consumer Credit Licence:

20.1 EVision uses a number of credit reference agencies and other organisations to protect itself from fraud and bad credit risk as well as taking references from Trade Suppliers and Bankers where appropriate. 

20.2 By applying for an account with EVision, The Hirer hereby agrees that EVision may access, store and use such information about their Company and/or Directors and/or Shareholders and/or Partners to allow EVision to decide whether to offer or continue to offer credit.

20.3 Searches of information held by credit reference agencies, including the Electoral Register, may be carried out. This is done in order to assess the application (even if it does not proceed fully), prevent fraud and confirm identity. 

20.4 Searches that are logged by the credit reference agencies and other parties who make searches in the future will be able to see this information. By placing an order with EVision, The Hirer hereby grants permission for such searches to be carried out.

20.5 For its part EVision agrees that any information accessed as detailed above will be held solely for the intended purposes of EVision and that at no time shall this information be imparted to a third party except, where necessary, to EVision’s legal representatives or where EVision is required to do so by law.

20.6 EVision’s parent company, H.E. GROUP Ltd is registered under the Data Protection Act. Details are available upon written request to the Financial Director at H.E. GROUP’S Head Office: Whitewall Road, Strood, Kent, ME2 4DZ.

21. Right to Communicate:

21.1 By applying to open an account with, or hiring from, or requesting a quotation from EVision, The Hirer hereby confers upon EVision the right to contact The Hirer by telephone, e-mail or facsimile to offer advice, supply invoices / statements and the like, marketing and promotion or additional services that EVision believe will be of interest to The Hirer.

21.2 EVision reserves the right to record any incoming or outgoing telephone conversation, for training, monitoring or other purposes.

21.3 Your Statutory Rights under the Data Protection Act 2018 are unaffected.

22. The Contracts (Rights of Third Parties) Act 1999:

22.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to any contracts or agreements entered into between EVision or its parent company, H.E. GROUP and The Hirer.

23. General:

23.1 If any provision in these conditions is held by any competent court of law to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provisions in question shall not be adversely affected thereby.

23.2 EVision and its parent company, H.E. GROUP Ltd shall not be liable to The Hirer nor be deemed to be in breach of any of these conditions by reason of any delay in performing or failure to perform any obligation of these conditions due to any of the following causes, which are beyond its control:

(a) Act of God, explosion, flood, tempest, fire, or accident.
(b) War or threat of war, sabotage, insurrection, civil disturbance, or requisition or act of terrorism.
(c) Acts, restrictions, bye-laws, regulations, prohibitions, or measures of any kind on the part of any governmental parliamentary or local authority.
(d) Strikes, lock-outs or other trade disputes
(e) Difficulties in obtaining new vehicles, labour, fuel, spare parts or machinery.
(f) Power failure or breakdown in cars or machinery.

23.3 This contract shall be governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the English and Welsh Courts.

23.4 Notwithstanding anything to the contrary, in the absence of any specific condition English common law applies.

23.5 EVision shall be entitled at any time and from time to time to vary or replace the terms and conditions and exceptions herein contained without advance notice. 

      23.5.1 This does not affect any contract already agreed at the time of the amendment(s) coming into force.

23.6 No variation to these terms and conditions shall take effect or have any effect in law unless the variation has been agreed and confirmed in writing to The Hirer by a Director of EVision’s parent company, H. E. Group Ltd.

23.7 Sanctioned Countries: EVision is unable to accept payment from debit/credit cards from any country sanctioned by the Treasury Department’s Office of Foreign Asset Control (OFAC). The list of sanctioned countries is updated periodically.

24. Cancellation Policy:

24.1 All cancellations will need to be provided in writing to EVision, this documentation will need to include: name of The Hirer, start and end date of hire and the model of the vehicle being hired.

24.2 If a booking is cancelled within 24 hours from the starting period of the hire, 100% of all rental monies up to a maximum of £500 will be non-refundable.

24.3 If a booking is cancelled within 48 hours from the starting period of the hire, 50% of all rental monies up to a maximum of £500 will be non-refundable.

24.4 If a booking is cancelled within 7 days from the starting period of the hire, 25% of all rental monies up to a maximum of £500 will be non-refundable.

24.5 If a booking is cancelled prior to 7 days from the starting period of the hire, a full refund will be issued. However, a £40 handling fee will be deducted.

24.6 If a customer does not appear within 15 minutes at the agreed time and place designated as a pickup point without informing EVision of any reasonable delays, all monies will be non-refundable.

25. Tracking:​

25.1 ​Vehicles may be fitted with geo-location systems and tracking devices to locate the vehicles in case a vehicle is stolen or not returned to the rental location, or to locate a vehicle in the case of an accident or breakdown. 

25.2 The Hirer agrees to accept the use of such systems.

26. Use of Personal Information:

26.1 ​EVision uses The Hirer’s personal information​ to (1) provide the rental services to The Hirer and (2) decide whether to provide future rental services to them. ​

26.2 We will provide The Hirer’s personal information, to the extent the law allows and, if necessary, with your express consent, to:

(a) Law enforcement, local authorities and parking companies​ if they have the right to your information and it is required by law, including to make any necessary checks to verify the validity of The Hirer’s driving licence.
(b) To third parties​ who act on our behalf in​ claims administration​, in ​collecting monies ​that The Hirer owes to EVision.
(c) Any party that EVision is required to provide The Hirer’s information to by law.

26.3 The Hirer has a legal right to access the information we hold about them, and, if justified, they may ask for this information to be corrected, modified, blocked or removed. The data controller is H.E. GROUP Ltd.

27. Personal Property: ​

27.1 EVision accepts no responsibility for any loss or damage to any personal belongings placed in or on the vehicle.

27.2 The Hirer must not leave any personal belongings in or on the vehicle when you return it to EVision. 

27.3 The Hirer is responsible for checking and removing their personal belongings from the vehicle at the end of the hire period. 

27.4 Any personal belongings left in or on the vehicle which remain unclaimed for 2 months after the end of the hire period will be disposed of.

28. Connected Cars and Your Privacy:​

28.1 A range of cars on the EVision fleet have been manufactured so as to be connected to the internet and to collect and provide certain categories of information (including The Hirer’s personal information) to EVision and to the manufacturer of the vehicle (‘​connected car​’). 

28.2 The use of the connected car data collected is primarily to ensure the vehicle is in safe working order. These devices are turned on all of the time, even when other media in the vehicle is switched off. 

28.3 The data that a connected car can provide includes battery charging information, diagnostics information, mileage readings, vehicle commands, GPS data, information collected by the infotainment system and emergency calling (eCall). 

28.4 EVision will not store any data unless they have The Hirer’s express permission or where EVision are required to do so by law.

28.5 The Hirer hereby agrees not to switch off or disable in any way the connected functions of the car. 

28.6 The Hirer also hereby agrees not to amend any of the connected settings including the car’s ‘name’, PIN to drive settings and the like. 

28.7 In the event that The Hirer does change any of the car’s connected settings then a charge will be raised to The Hirer of a minimum of £50 + VAT for reinstating the settings.

28.8 Car manufacturers who have access to this data will also be a data controller and are subject to any relevant data protection laws.

28.9 EVision will only access and retain information where it is necessary and there is a legitimate reason for doing so.

28.10 Any information obtained by EVision will only be retained for as long as their legitimate needs require and will be securely destroyed upon completion of these legitimate aims.

28.11 EVision ​will not use location data to generally track or monitor The Hirer’s movements.

28.12 EVision ​will not track The Hirer’s car usage unless there is a legitimate reason for doing so.

28.13 The Hirer must not turn off any connected capabilities which are turned on in case EVision needs to track the vehicle for a legitimate reason, such as theft of the vehicle or where the vehicle is involved in an accident. 

28.14 If The Hirer does not wish to hire a connected car, speak to one of EVision’s advisors who will recommend an alternative vehicle to them.

29. Fair Wear and Tear Policy

29.1 The Hirer shall be liable for any damage to the vehicle that does not fall within the EVision definitions of fair wear and tear, see 30 below.

30. EVision Fair Wear and Tear Definitions:​

30.1 Paintwork, Body, Bumpers and Trim:

     30.1.1 Very minor areas of chipping, including the door edges are acceptable.

     30.1.2 Chipping where the whole panel, bumper or trim is required to be repaired or re-painted is not acceptable.

     30.1.3 Scratches with a maximum length of 25mm are accepted as long as no primer layer or bare metal is showing.

     30.1.4 Dents are not accepted by EVision as fair wear and tear.

     30.1.5 EVision will accept scuffs and scratches up to 25mm in diameter on the moulding and wheel arch trims so long as the moulding or trim is not broken, cracked or deformed.

30.2 Windows, Glass, Door Mirrors and Lamps:

     30.2.1 EVision will accept light, unavoidable scratches as long as they do not impede the driver’s line of sight.

     30.2.2 Unrepaired window chips are not accepted by EVision as fair wear and tear.

     30.2.3 Repaired window chips in the driver’s line of sight are not accepted.

     30.2.4 Repaired chips that are not in the driver’s line of sight are acceptable so long as they are repaired to a professional standard and a warranty for the work is provided.

     30.2.5 EVision will accept minor scuffs up to 25mm in diameter on lamps and lenses. However, EVision will not accept holes or cracks in the glass or plastic covers of the lamps.

30.3 Tyres and Wheels:

     30.3.1 EVision will not accept damage to sidewalls or tread.

     30.3.2 EVision will not accept dents or holes on the rims and trims.

     30.3.3 EVision will not accept damage to the wheel spokes, hub or rim of the alloy wheels as fair wear and tear.

     30.3.4 EVision will not accept damage to the wheel spokes, hub or rim of the alloy wheels.

     30.3.5 The spare wheel, jack and any other essential tools supplied with the vehicle must be intact and in good condition when returned.

     30.3.6 If the vehicle was supplied with an emergency tyre inflation canister, this must be returned in the same condition as it was supplied to The Hirer.

     30.3.6.1 If the emergency tyre inflation canister has been used, it must be replaced before the vehicle is returned to EVision.

30.4 Mechanical Condition of the Vehicle:

     30.4.1 When returning the Vehicle, The Hirer must be confident that the Vehicle is in a mechanical condition suitable to pass an MOT.

30.5 Passenger Area, Seats, Headrests and Trim:

     30.5.1 The Hirer must ensure that the interior of the vehicle is clean and fresh with no noticeable damage, including burns, scratching, tears and stains.

     30.5.2 The seats in the vehicle must match the original supplied.

     30.5.3 Wear and tear of the seats through normal use is acceptable.

     30.5.4 The Hirer must ensure that the interior items including, but not limited to, seat belts, lights, air-conditioning, rear view mirrors, sun visors and headrests are present, clean and undamaged.

30.6 Door Aperture, Boot, Boot Liner and Luggage Area:

     30.6.1 EVision will accept scratches on seals, sills and treads that are a result of normal usage.

     30.6.2 EVision will not accept ripped or torn floor coverings, carpets or damaged trim panels.

30.7 Equipment and Controls:

     30.7.1 All equipment must be returned in the same condition in which it was received by The Hirer. This includes, but is not limited to, charging cables, charging adaptors, first aid kit and emergency triangle.

31. Applicable Law:​

31.1 This rental agreement operates exclusively under English and Welsh Law and under the jurisdiction of the English and Welsh Courts. Any disputes must be settled in the Courts of England.

32.. Date in Force:​

32.1 These terms and conditions are in force from the 26th November 2021 and overrule any previous terms and conditions.