Terms & Conditions

Flexible Vehicle Options To Suit Your Needs

Terms and Conditions of Trading for Daily Rental Services

1 INTRODUCTION & DEFINITIONS

This is a “Master Hire” agreement setting out the terms and conditions of trading between AAM and the Renting Company. The Supplying Location will also have terms and conditions to sign for each hire.
DEFINITIONS
The following words and expressions shall have the following meanings:
Office Hours: Monday to Thursday, 08:00 hrs to 18:00 hrs, Fridays 08:00 hrs to 17:30 hrs excluding Saturdays/Sundays and Bank Holidays;
AAM: Alliance Asset Management Limited t/a AAM Group, registered in England and Wales under company no. 3107480 , whose registered office is at Eaton Court, Colmworth Business Park, Eaton Socon, Cambs, PE19 8ER, and any associated company;
Renting Company: The company or individual named in this Agreement, who is renting the vehicle, and who is responsible for insuring the vehicle (unless insurance is specifically purchased);
Supplying Location: The branch of a nominated agent of AAM which is responsible for supplying the vehicle;
In Writing: By fax or email, in a letter or via AAM’s chosen online rental management system (the Links);
TBA Reservation: A reservation made with no known termination date, i.e. that date is “to be advised”;
APU Reservation: A reservation made with a specified end date and time, upon which it will automatically be collected (Automatic Pick Up);
TARIFF: Shall mean AAM’s tariff applicable to the Renting Company from time to time relating to the provision of vehicles under this agreement together with AAM’s standard fees, charges and costs;
Rental Agreement: The Supplying Location’s terms and conditions of hire.
Additional Charges Schedule: Shall mean AAM’s fee’s, charges and costs applicable to the Renting Company from time to time relating to the provision of vehicles under this agreement, including, but not limited to, abortive deliveries, cancellations, delivery & collection, out of hours and airport charges.
Company: shall include individuals, partnerships, unincorporated bodies and similar legal entities.
Driver: The person actually in possession of the vehicle while on hire and in doing so acts as an agent for the Renting Company.

2 RESERVATIONS

2.1 The Renting Company must make all reservations with AAM’s Central Reservations via the Links, telephone and fax numbers or email addresses provided by AAM.
2.2 The Renting Company must provide the following:
2.2.1 Account number;
2.2.2 Order number;
2.2.3 Booking contact;
2.2.4 Vehicle group required;
2.2.5 Name and address of the Renting Company;
2.2.6 Driver name, address, telephone number, delivery location and collection location if different;
2.2.7 Start date and time, and duration of the rental;
2.2.8 Confirmation of whose insurance is to be used;
2.2.9 Whether TBA or APU Reservation;
2.3 All reservations requiring the Supplying Location’s insurance must be confirmed in Writing.
2.4 AAM will provide a reservations number on receipt of the information listed in 2.2.

3 VEHICLE GROUPS; UPGRADES

3.1 If a booking has been confirmed, AAM reserve the right to provide a free upgrade, after the reservation has been confirmed, without notifying the Renting Company.
3.2 In the event that a reservation has not been confirmed and AAM cannot supply a vehicle from the vehicle group requested, AAM will offer the Renting Company a vehicle from an alternative group, and, charge at the rate for that group.

4 DELIVERY ‐ AAM RECOMMENDS THAT VEHICLES ARE ATTENDED AT DELIVERY TO AVOID DISPUTES OVER DAMAGE AND RECHARGES.

4.1 The Supplying Location will deliver the vehicle by the time and date requested.
4.2 AAM reserves the right for the Supplying Location to deliver vehicles early wherever necessary. The hire period, for the purposes of insurance, risk, etc., will commence from the time the vehicle is delivered, although charges will only be applicable from the date and time agreed for delivery.
4.3 Where a walk‐in collection is requested (where the Driver collects the vehicle from the Supplying Location), the Driver must provide the Supplying Location with evidence that he/she works for the Renting Company and takes with them their driving licence (both parts) and the AAM reference number.
4.4 Attended deliveries: The Renting Company must ensure that the Driver signs a Rental Agreement and a vehicle condition report at the start of the hire. If the Driver is not available to sign, the Renting Company must use its best endeavours to find another signatory, and must assist the Supplying Location in this respect.
4.5 Unattended deliveries: In the event that no one can be found to sign for the vehicle:
4.5.1 AAM’s Supplying Location reserves the right not to leave the vehicle in the place requested and will not be liable for late delivery, non‐delivery or any other costs or damages resulting from not leaving the vehicle;
4.5.2 The Supplying Location may deliver the vehicle unattended with the vehicle condition report. In this event, it is the Driver’s/Renting Company’s responsibility to check the vehicle and ensure that all damage is as noted in the vehicle condition report, and, for advising AAM and the Supplying Location within 2 hours and prior to the car being moved if they discover any damage to the vehicle not mentioned in the vehicle condition report.
4.5.3 If, within two hours of the requested delivery time, the Driver/Renting Company has not so informed the Supplying Location of damage, the Renting Company will
be deemed to have accepted the vehicle in the condition noted in the vehicle condition report, and,
4.5.4 the lack of a signature on the Rental Agreement shall not invalidate any of the terms of the Rental Agreement, which shall be binding on the Renting Company.
4.6 Abortive deliveries & collections: AAM will charge an abortive delivery charge as noted in the Additional Charges Schedule and any fuel and mileage costs incurred
if:
4.6.1 The reservation is cancelled or changed within the two hours immediately prior to the requested delivery time, and after the Supplying Location has set off to deliver the vehicle;
4.6.2 The Driver is more than 15 minutes late in meeting the Supplying Location at the requested place for delivery where the Driver has agreed with the Supplying Location to meet at a certain time and place, even if the time agreed is prior to the time at which the hire commences;
4.6.3 The Supplying Location has gone to collect a vehicle and the vehicle, or its keys, is/are not made available at the agreed time and place;
4.6.4 If the Driver refuses to accept a vehicle for reasons of personal preference, where a vehicle from the correct vehicle group was delivered.
4.7 Charges for delivery and collection: The charges in the Additional Charges Schedule for delivery and collection will be automatically invoiced. Mileages are
calculated as the distance between the postcode of the Supplying Location and the postcode of the delivery address. Toll charges, etc., incurred en route will also
be charged.
4.8 Out‐of‐hours delivery charges: Any deliveries made outside Office Hours will incur an out‐of‐hours delivery charge as listed in the Additional Charges Schedule.
4.9 Airport & Premium Location etc. delivery charges: Vehicles delivered to or collected from airports incur an additional charge as listed in the Additional Charges
Schedule. Certain other locations may also incur this charge, but if so the Renting Company will be informed on making the reservation.

5 EXTENDING THE HIRE

5.1 It is the responsibility of the Renting Company to extend hire periods with AAM’s Central Reservations, and these will be extended at AAM’s sole discretion. Hire periods may not be extended in any other way; for example, they may not be extended direct with the Supplying Location, or extended by the Driver. If a vehicle has been booked on a TBA Reservation, and the provisional termination date has elapsed, the hire period will be automatically extended until the Renting Company terminates the hire.
5.2 In the event that the Driver fails to return the vehicle or make it available for collection at the appointed time and place, then the vehicle will remain on hire until the vehicle is returned/made available.
5.3 AAM may agree, upon request, to repossess the vehicle against the Driver’s wishes. All costs relating to any repossession will be the responsibility of the Renting Company.
5.4 AAM shall not be responsible if the vehicle is stolen by the Driver, even if it has been asked to attempt repossession, and will claim for any such stolen vehicle against the Renting Company and/or their insurer.

6 TERMINATING THE HIRE

6.1 It is the Renting Company’s responsibility to end TBA Reservations. The vehicle will remain on hire until the hire period is terminated by the Renting Company. The hire period may be terminated by the Renting Company notifying AAM’s Central Reservations within Office Hours and AAM acknowledging the termination. Reservations may not be terminated in any other way.
6.2 In the case of an “APU Reservation”, the vehicle will automatically be collected on the specified end date and time.
6.3 In the event of an abortive collection (see clause 4.6) the reservation will end at the time at which the vehicle is actually made available for collection.
6.4 Changes to termination times can be made within 2 Office Hours of the agreed termination time; but may incur abortive charges if the Supplying Location has set off to attempt collection.

7 RETURNS ‐ AAM RECOMMENDS THAT VEHICLES ARE ATTENDED AT COLLECTION TO AVOID DISPUTES OVER DAMAGE AND RECHARGES

7.1 The Renting Company must ensure that the Driver, or another authorised representative of the Renting Company, is available on collection to sign the vehicle check‐in form. In the event that it cannot do so, it must inform the Supplying Location and agree an unattended collection, at least 2 hours in advance of the collection time.
7.2 In the event of a collection not being attended, this must be agreed in advance:
7.2.1 The Driver must ensure that the vehicle is safely and legally parked, and must pay for any parking charges, fines, etc incurred as a result of the vehicle being left
where it is;
7.2.2 The Renting Company must telephone AAM’s Central Reservations and agree with them where the keys are to be left; and, if the Driver fails to do so, the Driver
and/or the Renting Company will be liable for all losses incurred by AAM and/or the Supplying Location due to the theft of the vehicle, its keys, or any of its
contents;
7.2.3 The vehicle will remain on hire until the vehicle is made available for collection (and this may include any period during which the vehicle is unable to be collected,
e.g. due to being locked in a car park).
7.3 Late collections/returns: Late returns incur an extra day’s hire charges. A grace period of 29 minutes shall be granted, such that the vehicle may be returned/made
available for collection up to 29 minutes after the appointed time.
7.4 Vehicle damage: The Driver and/or the Renting Company will be liable for all losses incurred by AAM and/or the Supplying Location due to the vehicle being
damaged after delivery and before being collected. AAM and the Supplying Location shall comply with the B.V.R.L.A. Fair Wear and Tear standards in this respect.
7.4.1 The Renting Company shall procure that the Driver shall immediately notify AAM of any damage or loss caused to any vehicle and procure that the Supplying Location shall have immediate access to the driver to discuss any such damage or loss. The Renting Company shall procure that the Driver will assist AAM and the
Supplying Location with any queries in relation to the damage or loss.
7.4.2 On collection of the vehicle, the Supplying Location will record on the vehicle check‐in form the fuel level of the vehicle and any damage to the vehicle which is able
to be identified on a reasonable visual inspection. If the collection is made in the dark, when the vehicle is very dirty, covered with snow etc., such that some damage normally visible on an inspection may be missed, within 24 hours of the vehicle being returned to the branch, the supplying location will clean and inspect the vehicle, and will notify AAM of any damage then found. In the event that damage was not visible on inspection but becomes apparent to the Supplying Location whilst it is driving the vehicle back to the branch or after further inspection, it may record details of such damage and the Supplying Location shall be entitled to claim for such damage and the Renting Company shall pay for such damage claimed.
7.5 AAM will make a valet charge if the vehicle is not returned in a clean condition inside and out, free from unpleasant odours.

8 VEHICLE MISUSE

8.1 Maintenance: The Renting Company shall ensure that the Driver carries out the routine maintenance of the vehicle during the hire, commensurate with the mileage covered, including (without limitation) the checking of tyre pressures, oil and water levels, and the filling of the vehicle with fuel of the correct type. Any costs incurred or suffered by AAM or the Supplying Location in dealing with damages and costs arising from failure to adhere to this clause shall be borne by the Renting Company.
8.2 Vehicles taken overseas: No vehicle may be taken overseas without:
8.2.1 AAM’s and the Supplying Locations prior written consent and a VE103B;
8.2.2 Payment of the overseas surcharge as set out in the Additional Charges Schedule;
8.2.3 Overseas breakdown cover being put in place (including cover for repatriation costs to the UK) by the Renting Company;
8.3 The Supplying Location will not arrange the overseas breakdown cover, unless it agreed to do so at the time of the original booking of the vehicle.
8.4 In the event that a vehicle is taken abroad without any of the above, AAM may charge an administration fee of £100, in addition to the overseas surcharge and any other associated costs that may arise.
8.5 The Renting Company is responsible for and indemnifies AAM and the Supplying Location against all and any costs, claims, liabilities and expenses incurred in relation to the vehicle’s keys being lost by the Driver. AAM may charge an administration fee for dealing with the issue of lost keys, as set out in the Additional Charges Schedule.
8.6 No vehicle may be used in any illegal activity, racing, in Driver training or any other misuse AAM deems dangerous or inappropriate.
8.7 The Renting Company will not itself, and will procure that the Driver will not, sell, sub‐hire or part with possession of any vehicle or any of its parts at any time.
8.8 There shall be no smoking in any vehicle.
8.9 No modifications of any nature shall be made to the vehicle.

9 FINES, CONGESTION CHARGES, ETC.

9.1 The Renting Company is responsible for and indemnifies AAM and the Supplying Location against all and any costs, claims, liabilities and expenses incurred in relation to fines, congestion charges, speeding tickets, etc., incurred in relation to the vehicle during the period of the hire. AAM may, at its discretion, pay the fine etc. and invoice the Renting Company for the costs incurred plus an administration fee as set out in the Additional Charges Schedule.

10 FUEL CHARGES

10.1 The Renting Company is responsible for the cost of all fuel used during the period of hire, including the delivery and collection from and to the Supplying Location. If there is any shortfall noted on the return of the vehicle, the Renting Company will be liable for a refuelling surcharge as set out in the Additional Charges Schedule.
10.2 If the Renting Company agrees with AAM at the start of the hire that the Driver is to be charged direct for any re‐fuelling charges parking fines etc, AAM may do so provided that the Driver leaves his/her credit card details. AAM will charge the Renting Company these charges if the Driver fails to leave the requisite credit card details or payment from the credit card fails.

11 EXCESS MILEAGE

11.1 The Additional Charges Schedule sets out the monthly mileage allowances and excess mileage charges applicable. Charges may vary according to vehicle group, and will be agreed at the time of booking.
11.2 In the event that the vehicle is driven more than the mileage limit, AAM at its discretion may terminate the hire.
11.3 Excess mileage charges are normally charged at the end of the hire, or every 28‐day period during a long‐term hire.

12 ONE‐WAY HIRES

12.1 The Additional Charges Schedule sets out the surcharge for one‐way hires, i.e. hires which involve the vehicle being returned to any location other than the Supplying Location.

13 INTERNATIONAL HIRES

13.1 AAM has partners or locations abroad which may be able to supply vehicles in their countries. Such hires must be booked at least 72 hours in advance. Special terms and conditions apply to such hires. The Supplying Location’s insurance must be purchased in these instances.

14 VEHICLE CHANGE‐OVER

14.1 The Supplying Location is entitled, on giving the Driver 48 hours’ notice, to change a vehicle mid‐way through the hire period.
14.2 Vehicles will be changed over at the original delivery location, or any other location agreed with the Driver. AAM may charge for the extra costs of changing over the
vehicle at an address which is different to the original delivery address, where it is the Driver who is requesting the change to be at that different address.
14.3 When a vehicle is subject to a change‐over, a refuelling surcharge may be applicable as per 10.1.

15 INSURANCE

(A) Using the Supplying Location’s insurance
15.1 If the Supplying Location’s insurance is to apply, the Renting Company must agree this in Writing with AAM central reservations at the time of booking the vehicle. If the Renting Company normally hires vehicles on its own insurance, but wishes to use the Supplying Location’s insurance for a particular hire, this must be agreed in Writing. It is the responsibility of the Renting Company to inform the Driver that there is an excess on the policy. The Driver may be required to leave his/her credit card details to cover the excess in the event of damage or loss.
15.2 Driver ID: If the supplying Location’s insurance is required, the Driver must show the Supplying Location at the delivery point (a) his/her full valid driving licence and (b) photo ID (photo driving licence or passport). In the event that the Driver is unable to satisfy the Supplying Location of his/her identity in this way, the vehicle may not be left, and the abortive delivery charges may apply.
15.3 The Additional Charges Schedule sets out the additional supplementary charges with regards to insurance and if applicable the Renting Company shall pay such charges.
15.4 There will be circumstances in which the Supplying Location’s insurance will not be able to cover the Driver in question, e.g., because of endorsements on the Driver’s licence, the Driver’s age, profession, accident history etc. (such endorsements etc. should be notified to AAM upon the initial booking of the vehicle). In this event, the Supplying Location may refuse to leave the car with the Driver, and abortive delivery charges will apply.
15.5 The Supplying Location has the right to refuse to fulfil a booking on reasonable grounds such as (but not limited to) the fact that the hire represents an unusually high insurance risk, e.g., due to the location in which the vehicle is intended to be left overnight.
15.6 The Renting Company shall procure that the Driver must immediately report to AAM if they are involved in any accident and procure that AAM and the Supplying Location shall have direct access to the Driver to discuss any accident. The Renting Company shall procure that the Driver must assist AAM and the Supplying Location with any queries in relation to the accident, and in making or defending any insurance claim.
15.7 Negligent damage: The Renting Company shall be charged for damage caused by the Drivers negligence, including but not limited to:
15.7.1 Overhead damage caused by driving under overhead obstacles,
15.7.2 Damage to wing mirrors, tyres, seats, etc., and
15.7.3 Radio theft damage arising in circumstances where the Driver has unreasonably failed to remove anti theft radio fronts.
15.8 Damage to windscreens or tyres is not covered unless specific cover is purchased.
(B) Using the Renting Company’s own insurance
15.9 A fully comprehensive and valid insurance policy from a reputable insurer must be in place, if the Supplying Location’s insurance is not to be used. A certificate of insurance must be provided to AAM. The insurance must cover the total hire period for the full replacement value of the vehicle.
15.10 The Renting Company is responsible for the updating of The Motor Insurer’s Database with the details of the hire car.
15.11 The Renting Company is responsible for all repair costs, including, but not limited to, body and underneath damage, engine/component damage, windscreen
damage, wheel trim damage, tyre damage, punctures, and all internal damage, including cigarette burns.
15.12 The Renting Company indemnifies AAM and the Supplying Location against all claims, costs, expenses and damages incurred by AAM or the Supplying Location
arising due to the insurance of the Renting Company failing to cover damage or loss, or arising due to the Renting Company’s failure to pay for damage or loss.
15.13 The Renting Company will use its best endeavours to assist AAM in damage claims.
15.14 The Driver must sign the accident report forms if requested, if involved in any accident. The Renting Company may not refuse to pay for damage, or delay payment, simply by reason of the Driver not having signed or completed an accident report form.

16 CHOSEN LOCATIONS FOR DELIVERY OR COLLECTION OTHER THAN RENTING COMPANIES OFFICES

16.1 Drivers and Renting Companies accept that, when asking for vehicles to be delivered to/collected from a location not in their control all terms still apply.
16.1.1 AAM or the Supplying Location will not insure vehicles which are delivered to, or collected from such locations;
16.2 The Renting Company must arrange insurance from the point at which the vehicle is delivered, until the time it is collected from there by the Supplying Location;
16.3 The Renting Company must accept the vehicle condition as assessed by the their chosen location; and
16.4 If the vehicle is damaged or stolen, the Supplying Location will claim all costs, damages and expenses from the Renting Company, not from the chosen location.

17 DAMAGE CLAIMS PROCEDURES

17.1 AAM will inform the Renting Company detailing the claim.
17.2 The Renting Company must provide AAM with the Driver’s details and insurance details within 24 working hours of request, the Rental Company has 48 hours to dispute any claim, if no dispute is received, the claim amount will be invoiced.
17.3 Invoices for damage claims are payable 30 days from the date of the invoice.
17.4 AAM will not be responsible for the costs of dealing with any dispute between the Driver/Renting Company and the Supplying Location and will charge an
administration fee should a damage invoice be raised.
17.5 The Renting Company is not permitted to repair damage to an AAM or Supplying Location’s vehicle, unless with the express written permission of an authorised representative of AAM or the Supplying Location’s Insurance Department. The Renting Company indemnifies AAM and the Supplying Location against all costs, expenses, liabilities, damages and claims incurred by them in respect of unauthorised repairs, including (without limitation) costs of repairing the vehicle to a proper standard following any repairs which were below AAM’s or the Supplying Location’s normal standard.
17.6 Damage which causes the vehicle to be off road will result in loss of use charges being charged to the Renting Company. Charges will apply from the time the damage was notified or identified, until the time the vehicle is repaired and available to the Supplying Location, at the prevailing daily rate.
17.7 If a vehicle is stolen or written off while under the Renting Company’s own insurance, loss of uses charges at the prevailing daily rate will apply until the vehicle is returned or payment for the full value of the vehicle and the excess is made to the Supplying Location

18 PAYMENT

18.1 Invoices will be issued on termination of the hire, or at 28‐day intervals, and are payable within 30 days. Any queries about invoices must be raised within 14 days of the invoice date.
18.2 Credit terms of 30 days from the date of the invoice may be agreed, along with an agreed credit limit, on the opening of an account. Credit terms may be withdrawn at any time. AAM may refuse to accept bookings if the credit limit has been reached or if payments are persistently late.
18.3 Interest will be charged on all late payments at the rate of 8% above the Bank of England base rate, calculated on a daily basis, whether before or after judgment.
18.4 The Renting Company must pay invoices relating to repairs within the normal, agreed, credit period of 30 days.
18.5 If credit card payments are taken there is a 4% surcharge. The Renting Company must pay all charges in respect of rejected credit card payments, including where the attempted credit card payments were in respect of damage charges and any additional admin fees.
18.6 Direct debits Credit terms for direct debit accounts are 30 days on average, and payments will be collected at the end of the month following the month of the date of the invoice.

19 CHANGES TO THESE TERMS

19.1 AAM may alter this agreement and/or the Additional Charges Schedule at any time, provided it notifies the Renting Company of the change in Writing (although the Additional Charges Schedule may be changed without notification). No other amendment shall be binding unless made in Writing and signed by both parties.

20 DEFAULT

20.1 AAM may forthwith by notice in writing to the Renting Company terminate, with immediate effect, all the rights of the Renting Company under this agreement and in respect of all vehicles hired if the Renting Company shall:
(a) Become insolvent; make any composition; enter into any voluntary arrangement with its creditors; go into liquidation whether voluntary or compulsory; have a receiver or administrative receiver appointed over all or any of its assets; suffer an execution, distress or an administration order to be levied against it or its goods; be deemed for the purposes of Section 123 of the Insolvency Act 1986 to be unable to pay its debts; or
(b) Fail to observe and perform any provision or obligation of this agreement, including failure to pay any sum correctly due to AAM, or if the same shall be capable of remedy, shall fail to remedy such non‐observance or non‐performance within 21 days of being required in writing to do so; or
(c) Undergo any material adverse change in the business, operations, property, other assets or condition, financial or otherwise since the date of this agreement; or
(d) Default or an event of default has occurred under any other agreement between AAM, it’s associated or subsidiary companies and the Renting Company.

21. CONSEQUENCES OF DEFAULT

21.1 The following shall apply upon termination of this agreement under Clause 20 and any indulgence granted by either party shall not affect their rights: The hire of all vehicles shall terminate.
21.2 AAM shall invoice the Renting Company for all sums due and accrued up to the date of termination together with any additional sums due in relation to vehicles retained by the Renting Company subsequent to the date of termination together with all costs and expenses (including legal fees) incurred by AAM in the enforcement of its rights and remedies under this agreement or otherwise. AAM shall invoice the Renting Company for all such amounts, such invoice to be paid by direct debit within 30 days of the date of AAM’s invoice. In the event that the Renting Company fails to pay such sums by the due date AAM shall be entitled to charge interest in accordance with Clause 18.3.

22 GENERAL CLAUSES

22.1 No party shall be deemed to be in breach of this agreement, or otherwise be liable to the other parties, by reason of any delay in performance, or non‐ performance, of any of its obligations under this agreement to the extent that such delay or non‐performance is due to any event beyond its reasonable control, of which it has notified the other party; and the time for performance of that obligation shall be extended accordingly.
22.2 This agreement, together with its schedules, the Rental Agreement, any Service Level Agreement signed by AAM, and any document referred to in the agreement, forms the entire agreement between the parties in respect of its subject matter, such that no statement made by any representative of AAM or the Supplying Location shall apply to the contract.
22.3 In the event of any conflict between the terms set out in this agreement, and the terms of any other document or agreement, including the Rental Agreement, the terms set out herein shall prevail.
22.4 The Renting Company shall supply any relevant information that AAM requires.
22.5 The Renting Company will not permit or suffer any lien or encumbrance to arise in respect of any vehicle. AAM may (but shall not be obliged to) discharge any lien or encumbrance arising in respect of any vehicle and the Renting Company will forthwith on demand repay to AAM any sum paid by it to obtain such discharge.
22.6 The Renting Company will not assign or transfer or sub‐contract any of its rights, benefits or obligations under this agreement.
22.7 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
22.8 AAM shall not be liable for loss of profits or any special, indirect or consequential damage suffered by any other party that arises under or in connection with this agreement.
22.9 AAM’s total liability arising under or in connection with this agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise arising in connection with the performance, or contemplated performance, of the agreement shall be limited to the price paid for the hire of the vehicle under the agreement.
22.10 English law applies to this agreement and the parties submit to the exclusive jurisdiction of the English courts.

Terms and Conditions of Trading for Daily Rental Services – Sub Hirer

1 INTRODUCTION

This is a “Master Hire” agreement setting out the terms and conditions of trading between AAM and the Booking Company governing the terms under
which a vehicle can be sub-hired. The Supplying Location will also have terms and conditions to sign for each hire.

2 DEFINITIONS

The following words and expressions shall have the following meanings:
Office Hours: Monday to Thursday, 08:00 hrs to 18:00 hrs, Fridays 08:00 hrs to 17:30 hrs excluding Saturdays/Sundays and Bank Holidays;
AAM: Alliance Asset Management limited, registered in England and Wales under company no. 3107480 , whose registered office is at Eaton Court, Colmworth Business Park, Eaton Socon, Cambs, PE19 8ER, and any associated company;
Booking Company: AAM’s customer and the company making reservations for itself or for their customer (The Renting Company);
Renting Company: The company sub hiring from the Booking Company and responsible for the vehicle whilst on hire;
Supplying Location: The branch of a nominated agent of AAM which is responsible for supplying the vehicle;
In Writing: By fax or email, or in a letter;
TBA Reservation: A reservation made with no known termination date, i.e. that date is “to be advised”;
APU Reservation: A reservation made with a specified end date and time, upon which it will automatically be collected (Automatic Pick Up);
TARIFF: Shall mean AAM’s tariff applicable to the Booking Company from time to time relating to the provision of vehicles under this agreement together with AAM’s standard fees, charges and costs;
Rental Agreement: The Supplying Location’s terms and conditions of hire.
Additional Charges Schedule: Shall mean AAM’s fee’s, charges and costs applicable to the Booking Company from time to time relating to the provision of vehicles under this agreement, including, but not limited to, abortive deliveries, cancellations, delivery & collection, out of hours and airport charges.
Company: shall include individuals, partnerships, unincorporated bodies and similar legal entities.
Driver: The person actually in possession of the vehicle while on hire and in doing so acts as an agent for the Renting Company.

2 RESERVATIONS

2.1 The Booking Company must make all reservations with AAM’s Central Reservations via the links, telephone and fax numbers or email addresses provided by AAM.
2.2 The Booking Company must provide the following:
2.2.1 account number;
2.2.2 order number;
2.2.3 booking contact;
2.2.4 vehicle group required;
2.2.5 name and address of the Renting Company;
2.2.6 Driver name, address, telephone number, delivery address and collection address if different ;
2.2.7 start date and time, and duration of the rental;
2.2.8 confirmation of whose insurance is to be used;
2.2.9 Whether TBA or APU Reservation;
2.3 All reservations requiring the Supplying Location’s insurance must be confirmed in Writing.
2.4 AAM will provide a reservations number on receipt of the information listed in 2.2.

3 VEHICLE GROUPS; UPGRADES

3.1 If a booking has been confirmed, AAM reserve the right to provide a free upgrade, after the reservation has been confirmed, without notifying the Booking Company.
3.2 In the event that a reservation has not been confirmed and AAM cannot supply a vehicle from the vehicle group requested, AAM will offer the Booking Company a vehicle from an alternative group, and charge at the rate for that group.

4 DELIVERY – AAM RECOMMENDS THAT VEHICLES ARE ATTENDED AT DELIVERY TO AVOID DISPUTES OVER DAMAGE AND RECHARGES.

4.1 The Supplying Location will deliver the vehicle by the time and date requested.
4.2 AAM reserves the right for the Supplying Location to deliver vehicles early wherever necessary. The hire period, for the purposes of insurance, risk, etc., will commence from the time the vehicle is delivered, although charges will only be applicable from the date and time agreed for delivery.
4.3 Where a walk-in collection is requested (where the Driver collects the vehicle from the Supplying Location), the Booking Company shall ensure that the Driver must provide the Supplying Location with evidence that he/she works for the Renting Company and takes with them their driving licence (both parts) and the AAM reference number.
4.4 Attended deliveries: The Booking Company must ensure that the Renting Company ensures that a Driver signs a Rental Agreement and a vehicle condition report at the start of the hire. If the Driver is not available to sign, the Booking Company must ensure the Renting Company uses its best endeavours to find another signatory, and must assist the Supplying Location in this respect.
4.5 Unattended deliveries: In the event that no one can be found to sign for the vehicle:
4.5.1 AAM’s Supplying Location reserves the right not to leave the vehicle in the place requested and will not be liable for late delivery, non-delivery or any
other costs or damages resulting from not leaving the vehicle;
4.5.2 The Supplying Location may deliver the vehicle unattended with the vehicle condition report. In this event, the Booking Company must ensure that it is the Renting Company’s or their representative’s responsibility to check the vehicle and ensure that all damage is as noted in the vehicle condition report, and, for advising AAM and the Supplying Location within 2 hours and prior to the car being moved if they discover any damage to the vehicle not mentioned in the vehicle condition report.
4.5.3 If, within two hours of the requested delivery time, the Renting Company or their representative has not so informed the Supplying Location of damage, the Renting Company and Booking Company will be deemed to have accepted the vehicle in the condition noted in the vehicle condition report, and,
4.5.4 the lack of a signature on the Rental Agreement shall not invalidate any of the terms of the Rental Agreement, which shall be binding on the Booking
Company.
4.6 Abortive deliveries & collections: AAM will charge an abortive delivery charge as noted in the Additional Charges Schedule and any fuel and mileage costs
incurred if:
4.6.1 The reservation is cancelled or changed within the two hours immediately prior to the requested delivery time, and after the Supplying Location has set
off to deliver the vehicle;
4.6.2 If the Driver is more than 15 minutes late in meeting the Supplying Location at the requested place for delivery where the Driver has agreed with the
Supplying Location to meet at a certain time and place, even if the time agreed is prior to the time at which the hire commences;
4.6.3 The Supplying Location has gone to collect a vehicle and the vehicle, or its keys, is/are not made available at the agreed time and place;
4.6.4 If the Driver refuses to accept a vehicle for reasons of personal preference, where a vehicle from the correct vehicle group was delivered.
4.7 Charges for delivery and collection: The charges in the Additional Charges Schedule for delivery and collection will be automatically invoiced. Mileages
are calculated as the distance between the postcode of the Supplying Location and the postcode of the delivery address. Toll charges, etc., incurred en
route will also be charged.
4.8 Out-of-hours delivery charges: Any deliveries made outside Office Hours will incur an out-of-hours delivery charge as listed in the Additional Charges
Schedule.
4.9 Airport & Premium Location etc. delivery charges: Vehicles delivered to or collected from airports incur an additional charge as listed in the Additional Charges Schedule. Certain other locations may also incur this charge, but if so the Booking Company will be informed on making the reservation.

5 EXTENDING THE HIRE

5.1 It is the responsibility of the Booking Company to extend hire periods with AAM’s Central Reservations and these will be extended at AAM’s sole discretion. Hire periods may not be extended in any other way; for example, they may not be extended direct with the Supplying Location, or extended by the Driver or Renting Company. If a vehicle has been booked on a TBA Reservation, and the provisional termination date has elapsed, the hire period will be automatically extended until the Booking Company terminates the hire.
5.2 In the event that the Driver fails to return the vehicle or make it available for collection at the appointed time and place, then the vehicle will remain on hire until the vehicle is returned/made available.
5.3 AAM may agree, upon request, to repossess the vehicle against the Driver’s/Renting Company’s wishes. All costs relating to any repossession will be the responsibility of the Booking Company.
5.4 AAM shall not be responsible if the vehicle is stolen by the Driver/Renting Company, even if it has been asked to attempt repossession, and will claim for any such stolen vehicle against the Booking Company and/or their insurer.

6 TERMINATING THE HIRE

6.1 It is the Booking Company’s responsibility to end TBA Reservations. The vehicle will remain on hire until the hire period is terminated by the Booking Company. The hire period may be terminated by the Booking Company notifying AAM’s Central Reservations within Office Hours and AAM acknowledging the termination. Reservations may not be terminated in any other way.
6.2 In the case of an “APU Reservation”, the vehicle will automatically be collected on the specified end date and time.
6.3 In the event of an abortive collection (see clause 4.6) the reservation will end at the time at which the vehicle is actually made available for collection.
6.4 Changes to termination times can be made within 2 Office Hours of the agreed termination time; but may incur abortive charges if the Supplying Location has set off to attempt collection.

7 RETURNS – AAM RECOMMENDS THAT VEHICLES ARE ATTENDED AT COLLECTION TO AVOID DISPUTES OVER DAMAGE AND RECHARGES.

7.1 The Booking Company must ensure that the Driver, or another authorised representative of the Renting Company, is available on collection to sign the vehicle check-in form. In the event that it cannot do so, it must inform the Supplying Location and agree an unattended collection, at least 2 hours in advance of the collection time.
7.2 In the event of a collection not being attended, this must be agreed in advance:
7.2.1 The Driver must ensure that the vehicle is safely and legally parked, and must pay for any parking charges, fines, etc incurred as a result of the vehicle being left where it is;
7.2.2 The Booking Company must establish and telephone AAM’s Central Reservations and agree with them where the keys are to be left; and, if the Driver fails to do so, the Booking Company will be liable for all losses incurred by AAM and/or the Supplying Location due to the theft of the vehicle, its keys, or any of its contents;
7.2.3 The vehicle will remain on hire until the vehicle is made available for collection (and this may include any period during which the vehicle is unable to be collected, e.g. due to being locked in a car park);
7.3 Late collections/returns: Late returns incur an extra day’s hire charges. A grace period of 29 minutes shall be granted, such that the vehicle may be returned/made available for collection up to 29 minutes after the appointed time.
7.4 Vehicle damage: The Booking Company will be liable for all losses incurred by AAM and/or the Supplying Location due to the vehicle being damaged after delivery and before being collected. AAM and the Supplying Location shall comply with the B.V.R.L.A. Fair Wear and Tear standards in this respect.
7.4.1 The Booking Company shall procure that the Renting Company shall immediately notify AAM of any damage or loss caused to any vehicle and procure that the Supplying Location shall have immediate access to the Renting Company and its Driver to discuss any such damage or loss. The Booking Company shall procure that the Renting Company and its Driver will assist AAM and the Supplying Location with any queries in relation to the damage or loss.
7.4.2 On collection of the vehicle, the Supplying Location will record on the vehicle check-in form the fuel level of the vehicle and any damage to the vehicle
which is able to be identified on a reasonable visual inspection. If the collection is made in the dark, when the vehicle is very dirty, covered with snow etc., such that some damage normally visible on an inspection may be missed, within 24 hours of the vehicle being returned to the branch, the Supplying Location will clean and inspect the vehicle, and will notify AAM of any damage then found. In the event that damage was not visible on inspection but becomes apparent to the Supplying Location whilst it is driving the vehicle back to the branch or after further inspection, it may record details of such damage and the Supplying Location shall be entitled to claim for such damage and the Booking Company shall pay for such damage claimed.
7.5 AAM will make a valet charge if the vehicle is not returned in a clean condition inside and out, free from unpleasant odours.

8 VEHICLE MISUSE

8.1 Maintenance: The Booking Company shall ensure that either the Driver or Renting Company carries out the routine maintenance of the vehicle during the hire, commensurate with the mileage covered, including (without limitation) the checking of tyre pressures, oil and water levels, and the filling of the vehicle with fuel of the correct type. Any costs incurred or suffered by AAM or the Supplying Location in dealing with damages and costs arising from failure to adhere to this clause shall be borne by the Booking Company.
8.2 Vehicles taken overseas: No vehicle may be taken overseas without:
8.2.1 AAM’s and the Supplying Locations prior written consent and a VE103B;
8.2.2 Payment of the overseas surcharge as set out in the Additional Charges Schedule;
8.2.3 Overseas breakdown cover being put in place (including cover for repatriation costs to the UK) and it is the responsibility of the Booking Company to ensure this is done;
8.3 The Supplying Location will not arrange the overseas breakdown cover, unless it agreed to do so at the time of the original booking of the vehicle.
8.4 In the event that a vehicle is taken abroad without any of the above, AAM may charge an administration fee of £100, in addition to the overseas surcharge and any other associated costs that may arise.
8.5 The Booking Company is responsible for and indemnifies AAM and the Supplying Location against all and any costs, claims, liabilities and expenses incurred in relation to the vehicle’s keys being lost by the Driver. AAM may charge an administration fee for dealing with the issue of lost keys, as set out in the Additional Charges Schedule.
8.6 No vehicle may be used in any illegal activity, racing, in Driver training or any other misuse AAM deems dangerous or inappropriate.
8.7 The Booking Company will not itself, and will procure that the Renting Company or its Driver will not, sell, sub-hire or part with possession of any vehicle
or any of its parts at any time.
8.8 There shall be no smoking in any vehicle.
8.9 No modifications of any nature shall be made to the vehicle.

9 FINES, CONGESTION CHARGES, ETC.

9.1 The Booking Company is responsible for and indemnifies AAM and the Supplying Location against all and any costs, claims, liabilities and expenses incurred in relation to fines, congestion charges, speeding tickets, etc., incurred in relation to the vehicle during the period of the hire. AAM may, at its discretion, pay the fine etc. and invoice the Booking Company for the costs incurred plus an administration fee as set out in the Additional Charges Schedule.

10 FUEL CHARGES

10.1 The Booking Company is responsible for the cost of all fuel used during the period of hire, including the delivery and collection, from and to, the Supplying Location. If there is any shortfall noted on the return of the vehicle, the Booking Company will be liable for a refuelling surcharge as set out in the Additional Charges Schedule.
10.2 If the Booking Company agrees with AAM at the start of the hire that the Driver is to be charged direct for any re-fuelling charges parking fines etc, AAM may do so provided that the Driver leaves his/her credit card details. AAM will charge the Booking Company these charges if the Driver fails to leave the requisite credit card details or payment from the credit card fails.

11 EXCESS MILEAGE

11.1 The Additional Charges Schedule sets out the monthly mileage allowances and excess mileage charges applicable. Charges may vary according to vehicle group, and will be agreed at the time of booking.
11.2 In the event that the vehicle is driven more than the mileage limit, AAM at its discretion can terminate the hire with the Booking Company and therefore it will terminate with the Renting Company.
11.3 Excess mileage charges are normally charged at the end of the hire, or every 28-day period during a long-term hire.

12 ONE-WAY HIRES

12.1 The Additional Charges Schedule sets out the surcharge for one-way hires, i.e. hires which involve the vehicle being returned to any location other than the Supplying Location.

13 INTERNATIONAL HIRES

13.1 AAM has partners or locations abroad which may be able to supply vehicles in their countries. Such hires must be booked at least 72 hours in advance. Special terms and conditions apply to such hires. The Supplying Location’s insurance must be purchased in these instances.

14 VEHICLE CHANGE-OVER

14.1 The Supplying Location is entitled, on giving the Driver 48 hours’ notice, to change a vehicle mid-way through the hire period.
14.2 Vehicles will be changed over at the original delivery location, or any other location agreed with the Driver. AAM may charge for the extra costs of changing over the vehicle at an address which is different to the original delivery address, where it is the Driver who is requesting the change to be at that different address.
14.3 When a vehicle is subject to a change-over, a refuelling surcharge may be applicable as per 10.1.

15 INSURANCE

(A) Using the Supplying Location’s insurance
15.1 If the Supplying Location’s insurance is to apply, the Booking Company must agree this in Writing with AAM central reservations at the time of booking the vehicle. If the Renting or Booking Company normally hires vehicles on its own insurance, but wishes to use the Supplying Location’s insurance for a particular hire, this must be agreed in Writing. It is the responsibility of the Booking Company to inform the Renting Company that there is an excess on the policy. The Driver may be required to leave his/her credit card details to cover the excess in the event of damage or loss.
15.2 Driver ID: If the supplying Location’s insurance is required, the Booking Company shall ensure that the Driver must show the Supplying Location at the delivery point (a) his/her full valid driving licence and (b) photo ID (photo driving licence or passport). In the event that the Driver is unable to satisfy the Supplying Location of his/her identity in this way, the vehicle may not be left, and the abortive delivery charges may apply.
15.3 The Additional Charges Schedule sets out the additional supplementary charges with regards to insurance and if applicable the Renting Company shall pay such charges.
15.4 There will be circumstances in which the Supplying Location’s insurance will not be able to cover the Driver in question, e.g., because of endorsements on the Driver’s licence, the Driver’s age, profession, accident history etc. (such endorsements etc. should be notified to AAM upon the initial booking of the vehicle). In this event, the Supplying Location may refuse to leave the car with the Driver, and abortive delivery charges will apply.
15.5 The Supplying Location has the right to refuse to fulfil a booking on reasonable grounds such as (but not limited to) the fact that the hire represents an unusually high insurance risk, e.g., due to the location in which the vehicle is intended to be left overnight.
15.6 The Booking Company shall procure that the Driver must immediately report to AAM if they are involved in any accident and procure that AAM and the Supplying Location shall have direct access to the Driver to discuss any accident. The Booking Company shall procure that the Driver must assist AAM and the Supplying Location with any queries in relation to the accident, and in making or defending any insurance claim.
15.7 Negligent damage: The Booking Company shall be charged for damage caused by the Drivers or Renting Company’s negligence, including but not limited to:
15.7.1 overhead damage caused by driving under overhead obstacles,
15.7.2 damage to wing mirrors, tyres, seats, etc., and
15.7.3 radio theft damage arising in circumstances where the Driver has unreasonably failed to remove anti theft radio fronts.
15.8 Damage to windscreens or tyres is not covered unless specific cover is purchased.
(B) Using the Renting Company’s own insurance
15.9 A fully comprehensive and valid insurance policy from a reputable insurer must be in place, if the Supplying Location’s insurance is not to be used. A certificate of insurance must be provided to AAM. The insurance must cover the total hire period for the full replacement value of the vehicle.
15.10 The Renting Company is responsible for the updating of The Motor Insurer’s Database with the details of the hire car. The Booking Company must advise the Renting Company to this effect.
15.11 The Booking Company is responsible for all repair costs, including, but not limited to, body and underneath damage, engine/component damage, windscreen damage, wheel trim damage, tyre damage, punctures, and all internal damage, including cigarette burns.
15.12 The Booking Company indemnifies AAM and the Supplying Location against all claims, costs, expenses and damages incurred by AAM or the Supplying Location arising due to the insurance of the Booking or Renting Company failing to cover damage or loss, or arising due to the Booking or Renting Company’s failure to pay for damage or loss.
15.13 The Booking Company will use its best endeavours to assist AAM in damage claims.
15.14 The Driver must sign the accident report forms if requested, if involved in any accident. The Booking Company may not refuse to pay for damage, or
delay payment, simply by reason of the Driver not having signed or completed an accident report form.
(B) Using the Renting Company’s own insurance
15.9 A fully comprehensive and valid insurance policy from a reputable insurer must be in place, if the Supplying Location’s insurance is not to be used. A certificate of insurance must be provided to AAM. The insurance must cover the total hire period for the full replacement value of the vehicle.
15.10 The Renting Company is responsible for the updating of The Motor Insurer’s Database with the details of the hire car. The Booking Company must advise the Renting Company to this effect.
15.11 The Booking Company is responsible for all repair costs, including, but not limited to, body and underneath damage, engine/component damage, windscreen damage, wheel trim damage, tyre damage, punctures, and all internal damage, including cigarette burns.
15.12 The Booking Company indemnifies AAM and the Supplying Location against all claims, costs, expenses and damages incurred by AAM or the Supplying Location arising due to the insurance of the Booking or Renting Company failing to cover damage or loss, or arising due to the Booking or Renting Company’s failure to pay for damage or loss.
15.13 The Booking Company will use its best endeavours to assist AAM in damage claims.
15.14 The Driver must sign the accident report forms if requested, if involved in any accident. The Booking Company may not refuse to pay for damage, or
delay payment, simply by reason of the Driver not having signed or completed an accident report form.

16 CHOSEN LOCATIONS FOR DELIVERY OR COLLECTION OTHER THAN RENTING COMPANIES OFFICES

16.1 Drivers, Renting and Booking Companies accept that, when asking for vehicles to be delivered to/collected from a location not in their control all terms still apply.
16.1.1 AAM or the Supplying Location will not insure vehicles which are delivered to, or collected from such locations;
16.2 It is the Booking Company’s responsibility to ensure that insurance is arranged from the point at which the vehicle is delivered, until the time it is collected from there by the Supplying Location;
16.3 The Booking Company must accept the vehicle condition as assessed by the their chosen location; and
16.4 If the vehicle is damaged or stolen, the Supplying Location will claim all costs, damages and expenses from the Booking Company, not from the chosen location.

17 DAMAGE CLAIMS PROCEDURES

17.1 AAM will inform the Booking Company detailing the claim.
17.2 The Booking Company must provide AAM with the Driver’s details and insurance details within 24 working hours of request, the Rental Company has 48 hours to dispute any claim, via the Booking Company. If no dispute is received the claim amount will be invoiced.
17.3 Invoices for damage claims are payable 30 days from the date of the invoice.
17.4 AAM will not be responsible for the costs of dealing with any dispute between the Driver, Renting or Booking Company and the Supplying Location and will charge an administration fee should a damage invoice be raised.
17.5 The Booking or Renting Company is not permitted to repair damage to an AAM or Supplying Location’s vehicle, unless with the express written permission of an authorised representative of AAM or the Supplying Location’s Insurance Department. The Booking Company indemnifies AAM and the Supplying Location against all costs, expenses, liabilities, damages and claims incurred by them in respect of unauthorised repairs, including (without limitation) costs of repairing the vehicle to a proper standard following any repairs which were below AAM’s or the Supplying Location’s normal standard.
17.6 Damage which causes the vehicle to be off road will result in loss of use charges being charged to the Booking Company. Charges will apply from the time the damage was notified or identified, until the time the vehicle is repaired and available to the Supplying Location, at the prevailing daily rate.
17.7 If a vehicle is stolen or written off while under the Renting or Booking Company’s own insurance, loss of uses charges at the prevailing daily rate will apply until the vehicle is returned or payment for the full value of the vehicle and the excess is made to the Supplying Location.

18 PAYMENT

18.1 Invoices will be issued on termination of the hire, or at 28-day intervals, and are payable within 30 days. Any queries about invoices must be raised within 14 days of the invoice date.
18.2 Credit terms of 30 days from the date of the invoice may be agreed, along with an agreed credit limit, on the opening of an account. Credit terms may be withdrawn at any time. AAM may refuse to accept bookings if the credit limit has been reached or if payments are persistently late.
18.3 Interest will be charged on all late payments at the rate of 8% above the Bank of England base rate, calculated on a daily basis, whether before or after judgment.
18.4 The Booking Company must pay invoices relating to repairs within the normal, agreed, credit period of 30 days.
18.5 If credit card payments are taken there is a 4% surcharge. The Booking Company must pay all charges in respect of rejected credit card payments,
including where the attempted credit card payments were in respect of damage charges and any additional admin fees.
18.6 Direct debits Credit terms for direct debit accounts are 30 days on average, and payments will be collected at the end of the month following the month
of the date of the invoice.

19 CHANGES TO THESE TERMS

19.1 AAM may alter this agreement and/or the Additional Charges Schedule at any time, provided it notifies the Booking Company of the change in Writing (although the Additional Charges Schedule may be changed without notification). No other amendment shall be binding unless made in Writing and signed by both parties.

20 DEFAULT

20.1 AAM may forthwith by notice in writing to the Booking Company terminate, with immediate effect, all the rights of the Booking Company under this agreement and in respect of all vehicles hired if the Booking Company shall:
(a) Become insolvent; make any composition; enter into any voluntary arrangement with its creditors; go into liquidation whether voluntary or compulsory; have a receiver or administrative receiver appointed over all or any of its assets; suffer an execution, distress or an administration order to be levied against it or its goods; be deemed for the purposes of Section 123 of the Insolvency Act 1986 to be unable to pay its debts; or
(b) Fail to observe and perform any provision or obligation of this agreement, including failure to pay any sum correctly due to AAM, or if the same shall be capable of remedy, shall fail to remedy such non-observance or non-performance within 21 days of being required in writing to do so; or
(c) Undergo any material adverse change in the business, operations, property, other assets or condition, financial or otherwise since the date of this agreement; or
(d) Default or an event of default has occurred under any other agreement between AAM, it’s associated or subsidiary companies and the Booking Company.

21 CONSEQUENCES OF DEFAULT

The following shall apply upon termination of this agreement under Clause 20 and any indulgence granted by either party shall not affect their rights:
21.1 If any of the events listed in 20.1 (a) should occur in relation to the Booking Company, the sub-hire is deemed to automatically transfer to AAM and the Renting Company will be deemed to be AAM’s customer. The Renting Company will assume the obligations imposed on the Booking Company in this agreement.
21.2 If termination occurs for reasons other than those listed in 20.1.(a), the hire of all vehicles shall terminate.
21.3 AAM shall invoice the Booking Company for all sums due and accrued up to the date of termination together with any additional sums due in relation to vehicles retained by the Booking Company subsequent to the date of termination together with all costs and expenses (including legal fees) incurred by AAM in the enforcement of its rights and remedies under this agreement or otherwise. AAM shall invoice the Booking Company for all such amounts, such invoice to be paid by direct debit within 30 days of the date of AAM’s invoice. In the event that the Booking Company fails to pay such sums by the due date AAM shall be entitled to charge interest in accordance with Clause.

22 GENERAL CLAUSES

22.1 No party shall be deemed to be in breach of this agreement, or otherwise be liable to the other parties, by reason of any delay in performance, or non- performance, of any of its obligations under this agreement to the extent that such delay or non-performance is due to any event beyond its reasonable control, of which it has notified the other party; and the time for performance of that obligation shall be extended accordingly.
22.2 This agreement, together with its schedules, the Rental Agreement, any Service Level Agreement signed by AAM, and any document referred to in the agreement, forms the entire agreement between the parties in respect of its subject matter, such that no statement made by any representative of AAM or the Supplying Location shall apply to the contract.
22.3 In the event of any conflict between the terms set out in this agreement, and the terms of any other document or agreement, including the Rental Agreement, the terms set out herein shall prevail.
22.4 The Booking Company shall supply any relevant information that AAM requires.
22.5 The Booking Company will not permit or suffer any lien or encumbrance to arise in respect of any vehicle. AAM may (but shall not be obliged to) discharge any lien or encumbrance arising in respect of any vehicle and the Booking Company will forthwith on demand repay to AAM any sum paid by it to obtain such discharge.
22.6 The Booking Company will not assign or transfer or sub-contract any of its rights, benefits or obligations under this agreement.
22.7 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
22.8 AAM shall not be liable for loss of profits or any special, indirect or consequential damage suffered by any other party that arises under or in connection with this agreement.
22.9 AAM’s total liability arising under or in connection with this agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise arising in connection with the performance, or contemplated performance, of the agreement shall be limited to the price paid for the hire of the vehicle under the agreement.
22.10 English law applies to this agreement and the parties submit to the exclusive jurisdiction of the English courts.