Terms and Conditions
Terms and Conditions have been updated. 22/06/2023. Notice No: 2023/002
US=HTK Heaven Ltd and You/Hirer/Customer is the driver of the vehicle.
Please read and understand the terms and conditions.
We can update the terms at any time and we will notify our customers. Any changes will be affected with 1-week prior notice.
Terms of Service & Privacy Policy
When you sign the rental agreement, you accept the conditions set out in the rental agreement. Please read the agreement carefully. If there is anything you do not understand, ask a member of staff to explain it or call 0208 534 0287. All charges and legal costs for any congestion charge, road-traffic offence or parking offence, or any other offence involving the rental vehicle, including costs from the vehicle being clamped, Vehicle Damage Claim Invoices, seized or towed away. If we instruct a third party to act on our behalf you will be accountable for the financial implications that will bring not only for the money outstanding but also for charges incurred by the third party. If HTK Heaven Ltd has to instruct a third party to collect outstanding monies owed these charges and interest will be added to the original debt amount. You are responsible for paying the appropriate authority or company for any charges and costs when they ask for these payments. You will also be responsible for paying our reasonable administration charges for dealing with these matters.
The price on offer is not fixed. The price of the rental offer can increase depending on the driver's insurance and the age of the car. Our vehicle rental prices start from £120.00 (depending on the vehicle's condition and age)
If HTK Heaven Ltd introduces any offer, then that offer is valid for only two weeks from the agreement start date.
The offer is only valid if a driver or individual hires a vehicle for a minimum of three months. If the hirer hires the vehicle for less than three months the offer is not valid for the hirer. Hirer has to pay a deposit which is £300 (depending on license and offences). The deposit is refundable. (Please note: Section 4, Section 6, Section 10)
INTRODUCTION
HTK Heaven Ltd and the Vehicle described in the Schedule and the Hirer wishes to hire the Vehicle from the Company on the terms set out below.
TERMS & CONDITIONS:
1. HIRE AGREEMENT
1.AHTK Heaven Ltd agrees to hire the Vehicle to the Hirer for the duration of the Hire Period (unless the Agreement is terminated early in accordance with its terms).
1.BThe Agreement will only be extended if, before the end of the Hire Period, the Company and the Hirer agree in writing the terms on which the hire of the Vehicle is to be extended.
1.CAny document/letter/agreement signed by you as a customer is a legally binding contract only sign the document if you agree to be bound by all its terms. The hire period on the document is legally binding. You will be obliged to pay the entire length of the contract even if you wish to return the car early. Please read all terms and conditions before you sign the agreement set out by HTK Heaven Ltd on this hire agreement. The Agreement may be signed by electronic signature (as defined in the Electronic Communications Act 2000) and shall have the same legal effect, validity and enforceability as if signed by handwritten signature to the extent and as provided for in any applicable law (including the Electronic Communications Act 2000).
2. HIRER’S GENERAL OBLIGATIONS
2.AThe Hirer is the only authorised person to drive the vehicle.
2.BThe Hirer will keep the Vehicle in good repair and condition (reasonable wear and tear excepted) throughout the Hire Period and will not modify or alter the Vehicle or any of its parts or accessories without the Company’s prior written consent. The Hirer will ensure at the Hirer’s expense that the Vehicle is serviced and that replaceable parts are replaced in accordance with the manufacturer’s recommendations at service stations approved in advance by the Company.
2.CThe Hirer will ensure that the vehicle is not overloaded at any time.
2.DThe Hirer will not use the Vehicle except for the purposes for which it is supplied by us, and will not use the Vehicle for driving tuition, for hire to any third party or for any sporting or racing activities, nor will the Vehicle be taken outside Great Britain.
2.EThe Hirer will ensure the Vehicle is kept locked when not in use and adequately safeguarded against the risk of loss or theft. If the vehicle is lost or theft at the time of your possession you will be held liable for the losses to our vehicle. If you have fully comprehensive insurance then we will claim the vehicle theft from your insurance company, and if you have third party only insurance you will be liable for our vehicle loss, and we will recover our charges from you.
2.FThe Hirer will upon request give us access to inspect the vehicle during normal business hours.
2.GThe Hirer will need to immediately notify us of any loss or damage occurring to the Vehicle during the Hire Period.
2.HThe Hirer is responsible for the Vehicle Service, MOT, Insurance and the Tyres Thread. We are not responsible for any penalties regarding Tyres Thread, Road Tax, MOT, or Insurance. If the tyre is a puncture or burst that hirer responsible for to get it sorted and paying for it. If our vehicle engine stops working due to negligence of your fault for not getting the vehicle serviced, we will charge you the vehicle repair cost.
2.IThe Hirer is responsible to look after the vehicle Key. Only one key will be provided upon hire.If Hirer lost the key then the hirer will be responsible for the replacement key or its cost.
3. COMPANY’S GENERAL OBLIGATIONS
3.AIf the Vehicle is damaged or breaks down during the Hire Period regardless of fault or no fault of the Hirer, We may, but are not obliged to, replace the Vehicle with a suitable alternative Vehicle. However, the Company will only replace the Vehicle if it has an alternative Vehicle available. If the vehicle breakdown due to some mechanical fault, we may but are not obliged to recover the vehicle from the breakdown location.
3.BVehicle Excise Duty (car tax) will be borne by the Company. Other costs will be the responsibility of the Hirer.
4.CWe do not provide any vehicle breakdown cover to the customers. You can get the breakdown cover from different breakdown companies for example RAC, AA, and GREEN FLAG.
4. HIRE CHARGES AND Deposit PAYMENT
4.AHire Charges (including any deposit paid by the Hirer) are set out in Part A of the Schedule.
4.A.1We are increasing our hire charges from £100/week for all customers from 01/07/2022 depending on the vehicle age. Ref:2022/001
4.BThe Hirer will pay Hire Charges weekly in advance against the Company’s invoice. The first payment will be due immediately before the Hire Period starts.
4.CAll invoices must be settled weekly in advance, failing which the Company will have the right to terminate the Agreement and repossess the Vehicle. Any late payment will entitle the Company to interest at the rate specified by the Late Payment of Commercial Debts (Interest) Act 1998.
4.DIf the Company terminates the Agreement before the expiry of the Hire Period on account of the Hirer’s default or breach of contract, the Hirer will remain liable to the Company for all Hire Charges which are unpaid and all Hire Charges which would have become due if the Hire Period had continued for its full duration.
4.EHire charges can be paid by direct debit on a weekly basis or bank transfer. All payments will be charged through stripe payments. We will ask for your bank details/card details for direct debit. All payment will be taken through a secure channel with a valid SSL certificate.
4.FWe accept the deposit only by debit or credit card. Hirer can pay the deposit on our website www.htkheaven.uk/deposit. After making a payment hirer will receive the confirmation email (on the email hirer provided). Email contains the receipt number.
4.GDeposit will be refunded three weeks after the hirer return the vehicle. Deposit will be refunded on the same card hirer pays the deposit.
4.HWe only accept cards payment. We don't accept any cash payment. All deposit payment will only be taken through our website. Payments taken by Stripe payments which is secure and safe. You can find more information on https://support.stripe.com
5. INSURANCE & INDEMNITY
5.AThe Hirer will take out and maintain at his expense throughout the hire period a fully comprehensive insurance policy against loss or damage of the vehicle to its full replacement value with an insurance company approved by the Company. The Hirer must provide evidence to the Company that the insurance is in force when he takes delivery of the Vehicle and that the Company’s interest is noted on the policy.
5.BIn the event of any loss or damage, the Hirer will immediately notify the Company and will hold any insurance money in trust for the Company. Also, the Hirer authorises the Company to collect any insurance monies from the insurers. Any insurance money will be applied in repairs and any shortfall will be the responsibility of the Hirer.
5.CThe Hirer will promptly pay any speeding fines, parking charges or other penalties arising during the period of the Agreement and indemnify the Company against all claims, costs and proceedings arising as a result of the same.
5.EThe Hirer will indemnify the Company against any uninsured losses relating to the Vehicle while it is under the control of the Hirer and against all losses, claims, damages, and expenses arising out the use of the vehicle during the Agreement. The Hirer will also indemnify the Company against any claims or proceedings arising in respect of personal injury or death of any person or damage to any property, which arises out of the use of the Vehicle during the Hire Period.
5.FIf hirer get insurance quote through us or we get insurance on behalf of the driver, we don't charge any insurance cost, all costs for insurance will be paid directly to the insurance broker or insurance company.
6. Offered Price and Insurance Price
6.AOur service is based on first come and first serve. The price of the rental is not fixed it may be vary and depends on the insurance price and the age of car.
6.BThere are certain terms and requirement from insurance company if hirer does not fulfil the insurer requirement then company will obtain the insurance from third parties through insurance brokers. And the price of insurance will depend on hirer insurance quote. All insurances which will obtain from third parties, those have to pay by hirer directly. Company will only take or charge the customer rent and deposit.
6.CIf hirer fulfil our insurer requirement then we will charge driver insurance and rent in advance.HTK Heaven rental price for Toyota prius starts from £140.00.(only for car).
6.EThere are certain requirements and terms of our insurer please read below all terms and requirements from our insurer.
6.E.1 Vehicles and Drivers
6.E.1.1No refund of premium will be allowed in respect of any insured vehicle involved in a non recoverable accident or loss
6.E.1.2Drivers must hold a UK Licence for a minimum of 3yrs And Taxi Licence 1 year
6.E.1.3Drivers must be resident in UK for minimum of 3yrs
6.E.1.4Excluding drivers who have more than 6 penalty points on their driving licence or who currently have: AC,BA,CD,CU,DD,DR,IN,TT,UT
6.E.1.5Any proposer/driver aged over 25 and under 65yrs with more than 5 years UK driving experience:
6.E.1.6Excludes drivers under 25 and over 65 unless previously agreed with Underwriters
6.E.2 Use FOR UK Only Private or Public Hire
6.E.2.1There is no carriage of toxic chemicals or other hazardous/dangerous goods or materials
6.E.2.2There is no extensive foreign use (for example, in excess of four weeks any one time).
6.E.2.3All overseas use should be notified prior to departure in written
6.E.2.4There is no airside use Technology
6.E.2.5All vehicles may be fitted with cameras for evidence of an incident
6.E.3 Excess
6.E.3.1If Hirer hire the vehicle with insurance from us then hirer is liable to pay us the excess cost. As we are the owner of the vehicle and all excesses will be paid to us in case of vehicle damage claim. We repair or our partner's garage repairs the vehicle in case of vehicle damage claim. Because of this reason hirer is responsible for excess to pay to us.
6.E.3.2£1000.00 for vehicle damage on full comprehensive insurance
6.E.4 Claims and Accidents
6.E.4.1Claims must be reported within 24 hrs
6.E.4.2Excess doubled if claim reported more than 24hrs after the incident
6.E.4.3Additional Third Party excess of £500 on all claims not reported within 48hrs
6.E.4.4Additional Third Party excess of £1000 on all claims reported more than 7 days after the incident
7. ACCIDENT
7.1If Hirer is involved in any accident, fault or non-fault, hirer has to inform the company within 24 hours of an accident. Please report your accident on 0208 5340 287 or www.htkheaven.uk/accidents
7.2Hirer is not authorised to make any claim against vehicle damage, as vehicle is owned by HTK Heaven Ltd.
7.3Hirer is not authorised to repair the vehicle by any accident damage (faulty, non-fault). Only Company can repair the vehicle if any accident occurred.
7.4HTK Heaven will make all claims against the vehicle damage to the insurance through our qualified solicitors.
7.5Hirer is liable for all damages on the vehicle. Hirer hire out the vehicle and only hirer is the authorised person to look after the vehicle and drive the vehicle.
7.6In case of any dispute in liability from Third Party insurance. Hirer is responsible person to pay the damages to HTK Heaven ltd. Regardless the liablity issue.
7.7HTK Heaven is not responsible for any claims for your personal injury. Please speak with the company or solicitors you made claim from.
7.8If there is any dispute in Liability then Hirer is a responsible for damages. Once we receive the invoice from repairer we will send to the Hirer and Hirer is responsible for the damage cost, regardless the liability issue. As hirer is a responsible for vehicle, and Hirer is a responsible for all damages occurred in any accident.
7.9If any vehicle damage claim does not sort in Three months of time from Vehicle Damage Claim made date. Then Hirer is responsible for the vehicle damage.
8. PENALTY TICKETS/SPEEDING TICKETS, OTHER PENALTIES
8.1Company is not responsible for any penalty tickets. When company will receive any penalty tickets, we will transfer all tickets on Hirer name. You give us authority to disclose your details (includes, Hire Contract) to Council. Hirer will be responsible for all penalty tickets.
8.2During the duration of the vehicle hire you will be liable for any penalty charges (PCNs), parking or traffic fines including such penalties or excess charges howsoever issued under the following acts: PART III of the RTA 1988 / SECTIONS 45 and / or 46 of the RTA 1984 / RTA of 1991.
8.3Once we received the ticket, we will send hirer the email notification that we have received a penalty ticket for the car, hirer is driving. Then we will transfer the ticket to the hirer name as hirer is responsible for the PCN. All councils including police and other authorities request us the hirer data under data protection act and RTA act. As Hirer have given us the authority we will send them hirer details. Hirer must have to authroise us to disclose hirer details to them
9. DATA PROTECTION ACT 1998 (Privacy Policy)
9.1We keep your data safe and confidential according to data protection act 1998. We do not sell or disclose your data to any third parties. If authorities (e.g Police, Council, DVLA or any appropriate Government Agency) request your data then you give us authority that we can share your data with appropriate agencies (authorities).
9.2We rent out the vehicles to the PCO Licensed drivers, who work for UBER or different Minicab offices. We always comply with Data Protection Regulation such as Data Protection Act 1998, General Data Protection Regulation. We never sell or disclose your data to any third parties. All Signatures recorded electronically by accepting the terms. If you dont understand the terms and conditions or you have any question plaese to member of staff before you sign and submit electronically.
10. TWO WEEKS NOTICE
10.1Hirer must give us two weeks notice in advance before leaving the vehicle. Notice form will be attached with the agreement. If you fail to inform us then we will deduct two weeks rent from your deposit.
10.2For deposit refund we have following policy please read carefully.
10.2.AThe deposit will be returned to you after five weeks from Notice Date. If you have any ongoing accident claim against vehicle damage, or you have any penalty tickets then we will not refund your deposit until the claim has been processed successfully. If you have any vehicle damage then we will deduct vehicle damage cost from your deposit
11. TERMINATION
The Company may terminate the Agreement if:
11.1The Hirer becomes insolvent or has a receiver or liquidator or administrator appointed over its affairs; or
11.2The Hirer commits a breach of the Agreement and terms and conditions of the agreement.
11.3Upon termination, the Hirer will deliver the Vehicle to the Company at the location where it was delivered by the Company to the Hirer and in the same condition (fair wear and tear excepted).
12. ASSIGNMENT
12.1The Hirer will not assign, sublet or part with possession of the Vehicle during the Hire Period.
14. GOVERNING LAW AND DISPUTES
13.1The agreement between you as hirer and us as company HTK Heaven governed by English law and any dispute will be resolved by the English courts.
You accept all terms and conditions.