The legal bit

Terms & conditions

Everything covering your agreement with us, pick a section to read the full terms.

Contract HireIs your new van on contract hire? Here's everything you need to know about your contract hire agreement.

Terms and Conditions Hire Agreement REF – 0211

1. Hire

1.1 We agree to let and you agree to take on hire the Vehicle described in the Schedule, on the terms and conditions set out in this Agreement, for the Term and any Extended Term until terminated as provided for below.

1.2 You acknowledge that the Vehicle is being taken on hire for business purposes carried on by you, and you acknowledge that you have selected the Vehicle in reliance on your own skill and judgment.

1.3 The Term shall commence on the date that the Vehicle is delivered to you or, if earlier, the date you are notified that the Vehicle is available for delivery, but have not arranged to accept delivery, whether or not prior to the date of this Agreement.

1.4 During the Term and any Extended Term, we shall accept the cost of, and arrange for payment of the Road Fund License.

1.5 Subject to none of the following events having occurred between the date we sign this Agreement and the date we receive it back, correctly signed by you, then we will agree to be bound by it:

1.5.1 The Vehicle ceasing to be available; or

1.5.2 The price at which we can buy the Vehicle has increased by 3% or more; or

1.5.3 The Bank of England base rate has increased by 2% or more.

2. Payment of Rentals and Charges

2.1 You shall pay to us:

2.1.1 The Rentals and any Advance Rental at the times specified in the Schedule by direct debit, together with any other sums due under this Agreement.

2.1.2 Interest on any unpaid sum at the rate of 5 per cent per annum above Finance House Base Rate as published from time to time from the due date until such time as we have received full payment.

2.1.3 Reasonable administration costs and expenses (including legal expenses) that we incur as a result of your failure to comply with any term of this Agreement.

2.1.4 VAT on all Rentals and any other sums due under this Agreement, upon which VAT is chargeable at the applicable rate

2.1.5 The amount of any increase in Road Fund License arising during the Term or any Extended Term.

2.2 You must pay all fixed penalty charges, fines, congestion charges, or any other penalties in connection with the Vehicle or its use. If we pay or transfer liability to you for any of these sums on your behalf, you will repay us upon demand any sums so paid and an administration fee.

2.3 You must obtain our permission before replacing the registration number of the Vehicle with a cherished/personalised plate and pay any associated DVLA fee and our administration fee.

2.4 If our collection agent attends to collect the Vehicle and, for any reason, the Vehicle is not available for collection at the time and place agreed or is unroadworthy, we may charge you an abortive collection fee.

2.5 In the event that the Vehicle exceeds the Annual Mileage Allowance stated in the Schedule, you shall pay to us the Excess Mileage Charge in the amount stated in respect of each mile travelled in excess of the Annual Mileage Allowance during each year and so in proportion for any less period than a year. Such Excess Mileage Charge shall be payable at the end of the Term or, if earlier, upon termination of this Agreement or the hiring.

2.6 Prompt payment is of the essence of this Agreement, and you will bear the risk of payments sent by post. All payments shall be made to nobody but us or our appointed representatives.

3. Extended Term

3.1 We may terminate the Extended Term or any of the Optional Services immediately for mechanical failure, uneconomic repair or service of the Vehicle, or due to the level of Optional Services spent at our sole discretion. On or after the expiry of the Term, the hiring may be terminated by either party, giving to the other not less than seven days’ notice in writing.

3.2 Upon termination of the Extended Term, you will no longer have possession of the Vehicle with our permission, and you must immediately arrange for the Vehicle to be available for our collection in accordance with paragraph 10.

4. Variation of Rentals and other payments

4.1 We may vary the Rentals by giving you 14 days notice in the event of a change in rates of VAT occurring during the Term, in which event we shall increase the amount of Rentals payable but not then due by such an amount as is in our opinion necessary to recompense us for the extra expense occasioned by that increase in letting the Vehicle to you.

4.2 If at any time during the Term or any Extended Term, there is an increase in the cost of the Road Fund License or any additional cost of providing the Vehicle arising from legislative changes, then we reserve the right to require you to pay us immediately an amount equal to such increase or additional cost.

5 Exclusion of Liability and Indemnity

5.1 We accept liability for death or personal injury resulting from our direct negligence. However, we shall not be liable to you for any loss or damage arising from or as a result of any defect in the Vehicle or any failure on our part to carry out any services provided for in this Agreement with reasonable care and skill or any breach by us of this Agreement. In no circumstances shall we be under any liability to you in respect of any loss of profits or anticipated savings or for any damages or compensation for the loss of use of the Vehicle. Nothing in this condition excludes or limits our liability for fraud or fraudulent misrepresentation.

5.2 You shall be entitled (so far as we are able to transfer the same) to the benefit of all conditions, warranties, or other terms, express or implied, relating to the Vehicle given by the supplier or manufacturer of the Vehicle to us but the Vehicle is not let with or subject to any conditions, warranty or other terms, express or implied, all of which are excluded as between us and you save those implied by Section 7 of the Supply of Goods and Services Act 1982 (relating to our right to transfer possession of the Vehicle and your right to quiet possession of it).

5.3 You shall indemnify us against any claims (including claims by your employees) in respect of loss, injury, or damage sustained as a result of use of the Vehicle or as a result of any defect in the Vehicle, but subject always to the Unfair Contract Terms Act 1977.

5.4 We shall not be liable for any loss arising from a failure by you to have a valid used vehicle warranty.

6. Responsibility for the Vehicle and Insurance: Your Obligations

6.1 You must insure and keep insured the Vehicle under a fully comprehensive insurance policy against loss or damage to the full retail replacement value of the Vehicle, free from limitation or excess (unless such excess is approved by us).

6.2 You must insure the Vehicle from the Commencement Date until such time as it is collected on our behalf following termination of the Term or any Extended Term. Risk in the Vehicle will pass to you upon delivery and remain with you until the Vehicle is returned to us following such termination. You are not permitted to drive the vehicle without valid insurance.

6.3 You must notify your insurer that we own the Vehicle and ensure that your insurer makes a note of our interest on the policy and provide evidence to us of the insurance policy. You must notify us immediately in writing if the Vehicle is damaged and the total cost of repairs exceeds £500 (excluding VAT) or the Vehicle is a total loss.

6.4 You shall not do or allow to be done anything which may make void or voidable any policy of insurance for the Vehicle.

6.5 We shall be entitled to collect any insurance monies from your insurers in the event of our electing to carry out the repair to or replacement of the Vehicle, and where necessary, we may negotiate and effect a settlement with the insurers which will be binding on you.

6.6 In the event of the Vehicle being stolen or declared a total loss, you shall continue to pay Rentals until the full retail replacement value of the vehicle is received, and upon receipt, this Agreement will terminate, and any further sums due under paragraph 13 shall also be payable.

7. Service, Maintenance, and Repair: Your Obligations

7.1 You shall, until the Vehicle is returned to us under paragraph 10, subject to any of our obligations where you have selected the Optional Service under paragraph 9:

7.1.1 Take reasonable care of the Vehicle and keep the Vehicle in good and substantial repair and condition at all times and provide all necessary fluids and lubricants.

7.1.2 Keep the Vehicle properly serviced in accordance with the manufacturer’s recommended service schedule by an agent approved by us, making good all damage to the Vehicle, whether or not such damage is your fault.

7.2 Without affecting your general obligations under paragraph 7.1, you shall ensure that:

7.2.1 All tyres and glass are checked regularly and that they are kept in good condition and meet legal requirements;

7.2.2 The Vehicle is submitted for an MOT when required by law and forward the MOT certificate or advise of any failure immediately to the Fleet Administration Department, First European Finance (Scotland) Limited, Second Floor, 24 Henderson Street, Bridge Of Allan, FK9 4HP.

7.2.3 Accurate service records are maintained at all times, and that the approved servicing and repair agent completes and stamps the Vehicle’s service record after each service;

7.2.4 The Vehicle complies with any recall notice issued by the manufacturer and, at your own expense, immediately arrange for such alterations or modifications to the Vehicle as may be required by any law or regulation which comes into effect at any time after the delivery of the Vehicle.

8. Use of the Vehicle: Your Obligations

8.1 The Vehicle may only be used in connection with your business or the social, domestic, and pleasure purposes of any employee or agent duly authorised by you to drive the Vehicle and may only be driven by a qualified driver.

8.2 You must not use the Vehicle for:

8.2.1 any purpose which is illegal, when unsafe, or unfit to drive;

8.2.2 racing, rallying, pace-making, off-road activity, pursuit, or similar purpose;

8.2.3 driving tuition, as a taxi or for chauffeur services, hiring or for hire and reward, or as a courtesy car;

8.2.4 public service, armed forces, or police, or as airport plant or for a purpose for which the Vehicle is not designed.

8.3 You must allow us and/or our agents to inspect the Vehicle on reasonable notice.

8.4 Prior to returning the Vehicle, you must replace the registration number, complying with all necessary procedures and regulations relating to the proper removal and replacement of any cherished/personalized registration number. If a Vehicle is returned with a cherished/personalized registration number, we will be entitled to sell the Vehicle, and we will not be liable to reimburse you for any additional sale proceeds received by us as a result.

8.5 You must not sell, assign, sub-hire, charge, or otherwise dispose of or part with possession of the Vehicle.

8.6 You may take the Vehicle outside the United Kingdom with our prior consent and must continue to comply with your insurance obligations in paragraph 6 and ensure that full mechanical breakdown and accident cover is in place. You will be responsible for the cost of returning the Vehicle to the United Kingdom.

8.7 You must not alter or modify the Vehicle in any way without our previous written consent, unless such alteration or modification is required by law. You may, however, without the necessity of obtaining such consent fix easily removable stickers to the windows and/or bodywork, fit an easily removable roof rack, fit towing equipment provided it is in accordance with any recommendations and specifications of the manufacturer of the Vehicle and (if different) the manufacturer of the towing equipment and fit a car telephone and “hands free” equipment provided such equipment is legal and the fitting does not damage any part of the Vehicle.

8.8 You must remove any and all such items referred to in paragraph 8.7 above prior to the return of the Vehicle to us, and you will be responsible for the cost of making good any damage caused as a result of such removal. You will have no claim against us in respect of any such items not so removed. You must reactivate any safety related equipment that may have been deactivated during the Term or any Extended Term (with or without our prior written consent).

8.9 We may request you to supply details of the recorded mileage from time to time. You must inform us in writing of the recorded mileage and the date when such recorded mileage was read from the odometer within 5 days of our request.

8.10 If, for any reason, the odometer fails to work properly at any time during the Term or any Extended Term, you must advise us immediately of such failure and the recorded mileage at that date, arrange for the immediate repair or replacement of the odometer, and advise us immediately when the odometer has been repaired or replaced. In the event of an odometer failure, the unrecorded mileage will be calculated on a pro-rata basis.

9. Optional Services

9.1 The following Optional Services will be stated in the Schedule, and if you have selected the Optional Service, then the following Optional Service will be provided when the Vehicle is in the United Kingdom.

9.2 If any servicing, maintenance, or repair is necessary when the Vehicle is outside the United Kingdom, we will consider reimbursing all or part of the cost of such necessary work which has been carried out outside the United Kingdom upon receipt of a satisfactory repairer’s original invoice, paid by you, which must include a full description of the work. Upon agreement of the value of the work, you shall submit your headed invoice for the equivalent sterling amount showing full UK VAT at the prevailing rate. Costs will be reimbursed according to our existing supplier rates and discounts.

9.3 Optional Repair and Maintenance Service

9.3.1 Where the Schedule indicates that Optional Repair and Maintenance Service has been selected, we can provide for the cost of servicing in line with the manufacturer’s guidelines and the cost of maintenance and repair arising from fair wear and tear. We must give our specific authority before any service, maintenance, or repair work is carried out. All servicing must be undertaken by an agent authorised by us.

9.3.2 We will not accept the cost of repair and maintenance that results, whether directly or indirectly, from:

9.3.2.1 any non-standard accessories or other equipment fitted to the Vehicle at any time, any accident or impact, whether caused by another vehicle or otherwise, negligence, misuse, vandalism, or theft of the Vehicle; and/or

9.3.2.2 frost damage, fuel contamination, damage to the windscreen or other window glass, light lenses or light bulbs; and/or

9.3.2.3 failure to comply with any of your obligations under this Agreement, for example, if the Vehicle is not regularly presented for servicing and/or maintenance in accordance with the manufacturer’s recommendations; and/or

9.3.2.4 adding or removing artwork or lettering, washing, valeting or waxing, oils or fluids outside of normal servicing

9.3.3 We will accept the cost of repair or replacement of any tyre on the Vehicle which becomes unusable by reason of fair wear and tear and accidental damage. We reserve the right to replace with any tyre made by a different manufacturer, but with an equivalent speed rating and specification. Where the reason for such replacement or repair of any tyre arises other than by reason of fair wear and tear and accidental damage, i.e., theft, vandalism, or misuse, you will reimburse us for a sum proportional to the remaining unused tread depth of the tyre.

9.3.4 We must give our specific authority before any replacement tyre is supplied and fitted or a puncture is repaired. Replacement tyres must be obtained from, and punctures must be repaired by, an agent authorised by us. We reserve the right not to pay for tyres sourced outside our recommended authorised agents.

9.3.5 We will accept the cost of any MOT or similar test to the Vehicle which is required by law, where Optional Repair and Maintenance Service has been selected as an Optional Service.

9.3.6 In respect of used Vehicles, the Optional Service under paragraph 9.3 shall be restricted to routine servicing in accordance with the manufacturer’s recommendations for the first eight weeks of each Schedule.

9.4 Relief Vehicles

9.4.1 Where the Schedule indicates that a relief vehicle is included as part of the Optional Services, we shall arrange at our own cost for the supply of a relief vehicle in accordance with the entitlement indicated in the Schedule. Any vehicle provided under this Optional Service may be of a similar size to the original Vehicle. The relief vehicle size is capped at a 2.5 litre auto car or long wheel base panel van for commercial vehicles, dependant on the original Vehicle category.

9.4.2 A relief vehicle must be returned or (at our option) made available for collection upon the earliest to occur of the following:

9.4.2.1 the expiry of 28 days from the date when the relief vehicle was first made available; or

9.4.2.2 the date when you are notified that the Vehicle is available for your collection, either following its repair or following its recovery where previously stolen; or

9.4.2.3 the date when your insurer declares that the Vehicle is a write-off; or

9.4.2.4 the date when we notify you that we consider the Vehicle is not capable of economical repair; or

9.4.2.5 the expiration or prior termination of the Term or any Extended Term.

In the event that a relief vehicle is not returned or (at our option) made available for collection in accordance with this paragraph, you will be responsible for payment of all hire charges incurred after the due date for return or collection, which will be payable immediately upon demand.

9.4.3 Where a relief vehicle has been supplied following accident damage, you shall seek to recover from your insurer or (where applicable) the party or parties responsible for the accident damage, the costs we incur in providing a relief vehicle, and remit the recovered costs to us. At our option, you will subrogate to us all your rights in relation to the recovery of the costs of supply of the relief vehicle from your insurer or any such third party.

9.4.4 Each relief vehicle will be supplied by a third party car hire company. You must comply in all respects with such car hire company’s requirements relating to the relief vehicle, including its insurance, maintenance, use, care, and safekeeping. The car hire company will be responsible for all necessary maintenance required in relation to the relief vehicle (in accordance with the terms upon which the relief vehicle is supplied).

9.4.5 You must not take a relief vehicle outside the United Kingdom without the previous written consent of the car hire company. If you do not use the hire company’s insurance scheme, then you are responsible for arranging comprehensive insurance of the relief vehicle. You are responsible for off hiring the relief vehicle. You may be liable for additional charges such as excess mileage, refueling charges, delivery and collection charges, and airport surcharges.

9.5 Excess Mileage Maintenance Charge Where Optional Repair and Maintenance Service has been selected, if the Annual Mileage Allowance is exceeded, you will pay to us the Excess Mileage Maintenance Charge in the amount stated in the Schedule in respect of each mile travelled in excess of the Annual Mileage Allowance during each year and so in proportion for any less period than a year. Such Excess Mileage Maintenance Charge is payable at the end of the Term or, if earlier, upon termination of this Agreement or the hiring, howsoever arising, together with any VAT at the then current rate.

10. Return, Inspection, and Condition of a Vehicle

10.1 Upon the expiration or on the termination of the Term or any Extended Term of the Schedule, you must notify us when and where the Vehicle will be available for collection. Our collection agent will use its best endeavors to collect the Vehicle no later than the 3rd working day following the date on which we receive your notification that the Vehicle is available for collection.

10.2 If our collection agent attends to collect the Vehicle, and for any reason the Vehicle is not available for collection at the time and place agreed, Rentals will continue to be payable until the day prior to the date of agreed collection of the Vehicle by our collection agent, and the Vehicle will remain at your risk until collection.

10.3 If, when our collection agent attends to collect the Vehicle, it is in their opinion and for any reason unroadworthy, we may charge you an abortive collection fee. We may also charge you any costs that we incur in collecting the Vehicle. You must advise us in writing of any failure by our collection agent to collect the Vehicle at the agreed time. We reserve the right to continue to charge Rentals in the event of any such failure.

10.4 The Vehicle must be returned with the Road Fund License, and if it is not, then we reserve the right to recharge you for the value of the refund that would have been obtained for the unexpired Road Fund License. Any Road Fund License received by you after the Vehicle has been returned must be sent to us forthwith.

10.5 When we collect or otherwise take possession of the Vehicle, it must be in a safe condition and in good and substantial repair (Fair Wear and Tear excepted, having regard only to its age and mileage). The Vehicle will be inspected by our collection agent at the time of collection. A Vehicle Collection Inspection Report will be completed by our collection agent on our behalf, and you will be required to agree and sign the Vehicle Collection Inspection Report. It is your responsibility to ensure that no personal effects are left in the Vehicle at the time of its collection.

10.6 Immediately upon our demand, you will pay to us a sum which equals:

10.6.1 The costs of repair or replacement of any part or parts or accessories where such repair or replacement is required as a result of any loss or damage to the Vehicle, which in our opinion is in excess of Fair Wear and Tear, having regard only to the age and mileage of the Vehicle. We will only make a demand for payment where such costs exceed £150.00 (excluding VAT) or such other amount as we may from time to time notify to you in writing. Where the costs do exceed this amount, your obligations will be to pay the full costs (and not just the excess). If we decide for any reason not to undertake any such repair or replacement, we shall be entitled to claim from you, as damages for failure to keep the Vehicle in good repair and condition, a sum equivalent to the estimated cost of such repair or replacement. Such claim shall be in addition to any other right which we may have against you for any breach by you of any of your obligations to us; and

10.6.2 Where the Vehicle is not returned with a properly completed and stamped service book, or serviced by a non-approved agent, the amount by which we reasonably consider the value of the Vehicle to have been adversely affected as a result of the lack of evidence that the Vehicle has been serviced in accordance with the manufacturer’s recommendations or an agent approved by us.

10.6.3 Where the vehicle has been modified, painted, or sign-written without our written permission at the start of the Agreement, the full cost of rectification will be payable by you.

11. Expiration of Term

11.1 Upon expiry of the Term, we will sell the Vehicle in order to realise its residual value as determined by us at the date of the relevant Schedule entered into pursuant to this Agreement. If there had been a change in the rate of VAT between our acquisition and sale of the Vehicle then the difference between the amount of VAT calculated on the residual value using the VAT rate that was in existence at the date of the relevant Schedule and the amount of VAT calculated on the residual value using the VAT rate in existence at the date of sale of the Vehicle shall:

11.1.1 where the said change is an increase in the rate of VAT, and as an obligation surviving the termination of this Agreement, be paid by way of an indemnity from you to us within 14 days of notification of the amount of such difference; and

11.1.2 where the said change is a decrease in the rate of VAT, and as an obligation surviving the termination of the Agreement, be paid by us to you within 14 days of notification of the amount of such difference. In the case of either a payment due to us from you or a payment due from us to you under this clause, notification of the amount of such payment shall be conclusive and binding.

12. Default Termination

12.1 If any one or more of the following occurs:

12.1.1 You do not punctually pay any Rental or other sum owing to us under this Agreement or any other agreement we may have with you; or

12.1.2 You are in breach of any of the other terms of this Agreement or any other agreement we may have with you, and where such breach is capable of being remedied, it has not been remedied to our satisfaction within a period of 14 days from the date of our written notice to you advising of such breach; or

12.1.3 Where you are a company, any company within your group is in breach of any agreement it may have with us or any company within our group; or

12.1.4 You have given us any material information, in connection with this Agreement or any other agreement we may have with you, which we have reasonable grounds to believe is false or misleading; or

12.1.5 You are unable to pay your debts as defined in Section 123 of the Insolvency Act 1986, or you propose any voluntary arrangement with or call a meeting of your creditors or you make a deed of assignment or arrangement in favour of, or you compound with or sign a trust deed for or on behalf of your creditors or you apply for an interim order or petition for a bankruptcy order or suffer the levy against you of any distress or execution; or

12.1.6 Where you are a company, a petition for the winding-up or the winding-up of any company within your Group is presented or any resolution is proposed for such winding-up, or a receiver or administrative receiver is appointed over any of your assets or the assets of any company within your Group; or

12.1.7 You fail to make payment under any loan or other credit facility that you may have from time to time, which failure enables any creditor or other financier to make a demand for immediate repayment of all sums outstanding under such facility; or

12.1.8 Where you are a company, there is any change or proposed change in your control (“control” having the meaning given in Section 840 of the Income and Corporation Taxes Act 1988); or

12.1.9 You shall cease to trade or threaten to cease to trade; or

12.1.10 Any guarantee which may be required by us from time to time in connection with the provision of this Agreement is, for any reason, not provided or withdrawn; or

12.1.11 We have reasonable grounds for believing that our interest in any Vehicle is at risk; or

12.1.12 The vehicle is declared a total loss. We shall be entitled to terminate the Agreement. We may terminate by written notice to you or by the act of retaking possession of a Vehicle. Any such termination shall not affect any other rights which we may have.

12.2 If you have shown that you no longer consider that you are bound by the terms of this Agreement either by your failure to make payment of any Rental or other sum when it has fallen due, or by your breach of any other term of this Agreement, we may accept that and such acceptance will bring this Agreement to an end.

12.3 If any steps are taken either for the presentation of a petition for an Administration Order or the appointment of an Administrator by a floating charge holder, this Agreement shall terminate automatically.

13. Your liability following termination/repudiation

13.1 You must immediately pay to us following the Agreement being terminated or ended under paragraph 12:

13.1.1 all Rentals and other sums which have fallen due but are unpaid as at the date of termination or ending of the Agreement under paragraph 12; and

13.1.2 damages for any loss we suffer as a result of any breach of your obligations; and

13.1.3 by way of agreed liquidated damages and in addition to any arrears of Rentals, a sum equal to the Rentals which but for the termination would have become payable during the remainder of the Term, discounted at the rate of 5% per annum from the date the Agreement terminated or ended to the dates on which the relevant Rentals would otherwise have fallen due; and

13.1.4 any reasonable administration costs and expenses incurred by us as a result of your breach in accordance with paragraph 2.1.3.

14. Consolidation

If any indebtedness which is due from you to us under any other Agreement made between you and us shall not be paid when due or if you shall be or become in default under any such Agreement other than by reason of a failure to pay any sums when due thereunder, then we may after due notice terminate this Agreement and thereupon this Agreement and the hiring thereby constituted shall determine and you shall no longer be in possession of the Vehicle with our consent and we may exercise our right to take possession of the Vehicle and to recover from you all recoverable losses.

15. Appropriation

Subject to any legal right you may have, we may appropriate any payment which you make to us towards satisfaction of sums due under such accounts you have with us and in such proportions as we think fit.

16. Guarantee and Indemnity

You will provide any guarantee and indemnity that we may require.

17. Use of your Information

This notice applies to all applicants and (if application is made by a limited company or partnership/unincorporated association) directors and partners. We’ll check your details with credit reference/fraud prevention agencies (“the Agencies”), and they’ll record our check. We will provide them with current and previous names, addresses, and dates of birth of all parties, so if you are providing information about others, on a joint application, you must be sure that you have their agreement. They will provide us with public information about you and any third party financially linked to you, such as county court judgments (CCJ’s) and bankruptcies, electoral register, and fraud prevention information on you and your known financial associates, current and previous names, addresses, and dates of birth. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. You hereby confirm your authority to disclose information about you and any third party so linked to you. Searches we make of the Agencies will leave a search footprint both in our records and on your credit file at the Agencies we search, whether or not this application proceeds. If the search was for a credit application, the record of that search (but not the name of the organisation that carried it out) may be seen by other organisations when you apply for credit in the future. If you made a joint application, they will link together the records of joint applicants (financial associates). They will also link all your previous and subsequent names and addresses. Links between financial associates will remain on your and their files until such time as you or your associate successfully files for a disassociation with the credit reference agencies. Information provided may be supplied to other organisations and used by them and us to assess you and your household for: credit and credit related services; motor, household, credit, life and other insurance proposals and claims; debt tracing and recovery; checking details of job applicants and employees, prevention of fraud and money laundering; managing your accounts; statistical analysis about credit, insurance and fraud; and market research and to verify your identity if you or your financial associate apply(ies) for other facilities, including all types of insurance applications and claims. We and other organizations may access and use from other countries the information recorded by fraud prevention agencies. Information about you may also be used for other purposes for which you have given specific information, or, in very limited circumstances, when required by law or where permitted under the terms of the Data Protection Act 1998.

We may disclose your information to other subsidiaries or associates of First European Finance (Scotland) Limited. Credit scoring techniques will be used to assess your application. Please write to us at RFL House, Anderson Street, Dunblane, FK15 9AJ if you want a copy of the information we hold about you, or phone us on 0870 516 8283 for details of the Agencies we use.

First European Finance (Scotland) Limited trading as vanleasingquotes.com, RFL House, Anderson Street, Dunblane, FK15 9AJ. Phone: 0870 516 8283 Fax: 0870 516 8284

18. Vehicle

18.1.1 We may at any time, at our discretion, on a permanent basis, replace or substitute the Vehicle for another motor vehicle whereupon the provisions of this Agreement shall apply to such other motor vehicle as though it were the Vehicle under this Agreement.

18.1.2 We shall not be liable for any delay in delivery of the Vehicle or any accessories outside our control, but we will take all reasonable steps we can to arrange for delivery to take place on the estimated delivery date or contact you to agree an alternative date.

18.1.3 You have 7 days from delivery to examine the Vehicle and write to us if you feel that the Vehicle is not of satisfactory condition. Unless you do, you will be deemed to have acknowledged that the Vehicle is free from defects and damage which such an examination would reveal, and in accordance with your order.

19. General Provisions

19.1 Change of Address

You must inform us immediately in writing if you move address or change your name, giving us details of your new address and name.

19.2 Transfer of Rights

19.2.1 You may not transfer your rights under this Agreement to any other person.

19.2.2 We may transfer any of our rights and/or responsibilities under this Agreement to any other person at any time. Any such transfer will not affect your rights or responsibilities under the Agreement.

19.3 Indulgence

We may decide, from time to time, not to enforce some or all of our rights. If we do this, we will not be prevented from subsequently enforcing those or other rights.

19.4 Application of Payments

We may apply any payment you make to us under this Agreement or any other agreement we may have with you to this Agreement and any Schedule or to any other such agreement in whatever proportion we may decide.

19.5 Rights of Third Parties

This Agreement does not create any rights in favour of any person who is not a party to this Agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply.

19.6 Whole Agreement

The parties agree that the terms of this Agreement and any other written agreement signed by both parties and expressed to be supplemental to this Agreement represent the whole of the agreement between the parties in respect of the hire of the Vehicle. If, for any reason, you have placed an order for a Vehicle on terms other than those set out in this Agreement, then the acceptance of such an order by us shall not constitute acceptance of an offer on your terms or a variation of the terms of this Agreement. Any such order shall be accepted by us only on the terms set out in this Agreement.

19.7 Force Majeure

We shall be entitled to suspend or cancel our obligations under this Agreement if we shall be prevented and/or hindered from fulfilling our obligations by strikes, lock-outs, fire, or failure by any manufacturer or supplier to supply a Vehicle, or the theft of a Vehicle, or any other event outside our control.

19.8 Notices

Unless we have indicated otherwise in this Agreement, any notice or other written communication to be given by either party to the other may be delivered by hand, sent by first-class post, or by facsimile transmission to the address and/or telephone facsimile number as such party may from time to time have notified to the other party. In proving service, it shall be sufficient to show a receipt that the letter containing the notice was properly addressed, stamped, and posted by first-class mail, or, in the case of a facsimile transmission, that the sender’s facsimile machine has produced a report confirming that the notice has been successfully transmitted.

19.9 Choice of Law and Jurisdiction

This Agreement shall be subject to English law. Legal proceedings may be taken in the English Courts. This will not prevent us from exercising such remedies as we may have under Scottish law and in the Scottish Courts. If it becomes necessary to issue legal proceedings, you agree that we may issue the proceedings out of any County Court of our choice.

19.10 Electronic Processes

19.10.1We provide you with access to electronic tools such as reporting systems, and you acknowledge that such use is on a non exclusive non transferable license only and that any copyright or other intellectual property rights of whatsoever nature that subsist or may subsist in such software or programmes are and shall remain our property absolutely.

19.10.2 Where passwords are provided by us to enable access, these shall be provided to employees or your authorised users, and you shall not permit any other person to use such passwords. Upon termination of this Agreement, all permissions to use such electronic tools will cease.

19.10.3 In addition, the parties hereby agree that any of the procedures outlined in the terms and conditions of this Agreement can be effected by the use of electronic media, including but not limited to electronic signatures, and the use of such media will not invalidate any of such terms and conditions.

20. Interpretation

20.1 Paragraph headings are for ease of reference only.

20.2 Words importing the plural shall include the singular and vice versa.

20.3 References to any statute or statutory provision include any statute or statutory provision which amends, extends, consolidates, or replaces the same and any regulations or other subordinate legislation under that statute.

20.4 References to this Agreement or any other document shall be interpreted as references to this Agreement or that document as may be amended, supplemented, novated, or substituted from time to time.

20.5 Any amendment to this Agreement, or any purported variation to its terms, shall only be effective if in writing and signed by both parties.

20.6 The hiring of any Vehicle shall be on the terms of this Agreement and as may be varied in accordance with paragraph 20.5, notwithstanding any terms and conditions which either party may at any time seek to incorporate or impose. The terms of this Agreement shall prevail at all times.

20.7 The invalidity, illegality, or unenforceability of any provisions of this agreement shall not affect the continuation in force of the remainder of this agreement.

Finance LeaseLeasing a vehicle from us? Here's everything you need to know about your van leasing agreement.

Terms and Conditions Lease Agreement REF – 0211

1. Hire

1.1 We agree to let and you agree to take on hire the Vehicle described in the Schedule for the Term and any Secondary Term upon the terms and conditions set out in this Agreement, including the Schedule.

1.2 You acknowledge that the Vehicle is being taken on hire for business purposes carried on by you, and you acknowledge that you have selected the Vehicle in reliance on your own skill and judgment.

1.3 The Term shall commence on the date that the Vehicle is delivered to you or, if earlier, the date you are notified that the Vehicle is available for delivery but have not arranged to accept delivery, whether or not prior to the date of this Agreement.

1.4 Subject to none of the following events having occurred between the date we sign this agreement and the date we receive it back, correctly signed by you, then we will agree to be bound by it:

1.4.1 The Vehicle ceasing to be available; or

1.4.2 The price at which we can buy the Vehicle has increased by 3% or more; or

1.4.3 Bank of England base rate has increased by 2% or more.

2. Payment of Rentals and Charges

2.1 You shall pay to us:

2.1.1 The Rentals and any Advance Rental at the times specified in the Schedule by direct debit, together with any other sums due under this Agreement.

2.1.2 Interest on any unpaid sum at the rate of 5 per cent per annum above Finance House Base Rate as published from time to time from the due date until such time as we have received full payment.

2.1.3 Reasonable administration costs and expenses (including legal expenses) that we incur as a result of your failure to comply with any term of this Agreement.

2.1.4 VAT on all Rentals and any other sums due under this Agreement upon which VAT is chargeable at the applicable rate.

2.3 You must obtain our permission before replacing the registration number of the Vehicle with a cherished/personalised plate and pay any associated DVLA fee and our administration fee.

2.5 Prompt payment is of the essence of this Agreement, and you will bear the risk of payments sent by post. All payments shall be made to no one but us.

3. Secondary Term

3.1 If you retain possession of the Vehicle after expiry of the Term and if we agree, you may retain possession of the Vehicle during a Secondary Term, on the same terms and conditions as applied during the Term, subject to payment of the annual Rental in respect of the secondary Term as detailed in the Schedule.

3.2 You or we may terminate the Secondary Term upon 3 months’ notice in writing. Upon termination of the Secondary Term and unless paragraph 9 applies, you will no longer have possession of the Vehicle with our permission, and you must immediately arrange for the Vehicle to be available for our collection in accordance with paragraph 10.

4. Variation of Rentals and other payments

4.2 If at any time after the date on which this Agreement is presented to you for signature there is any change in the incidence or amount of tax allowances in respect of the Vehicle, or any change in the rate of Corporation Tax applicable to our profits (except for changes announced before the date of this Agreement and which will occur during the term of this Agreement), so as to reduce our anticipated return on our outlay in purchasing the Vehicle and letting it to you, we may, by no less than 7 days’ notice in writing to you, increase the Rentals by such amount as in our opinion is reasonably necessary to compensate us for such reduction.

5. Exclusion of Liability and Indemnity

5.4 We shall not be liable for any loss arising from a failure by you to have a valid used vehicle warranty.

6. Responsibility for the Vehicle and Insurance: Your Obligations

6.2 You must insure the Vehicle from the Commencement Date until such time as it is collected on our behalf following termination of the Term or any Secondary Term. Risk in the Vehicle will pass to you upon delivery and remain with you until the Vehicle is returned to us following such termination. You are not permitted to drive the vehicle without valid insurance.

6.4 You shall not do or allow to be done anything which may make void or voidable any policy of insurance for the Vehicle.

6.6 In the event of the Vehicle being stolen or declared a total loss, you shall continue to pay Rentals until the full retail replacement Value of the Vehicle is received, and upon receipt, this Agreement will terminate and any further sums due under paragraph 12 shall also be payable.

7. Service, Maintenance, and Repair: Your Obligations

7.1 You shall:

7.1.1 Take reasonable care of the Vehicle and keep the Vehicle in good and substantial repair and condition at all times and provide all necessary fluids and lubricants.

7.2 Without affecting your general obligations under paragraph 7.1, you shall ensure that:

7.2.1 All tyres and glass are checked regularly, and that they are kept in good condition and meet legal requirements

7.2.2 The Vehicle is submitted for an MOT when required by law and forward the MOT certificate or advise of any failure immediately to the Fleet Administration Department, First European Finance (Scotland) Limited, RFL House, Anderson Street, Dunblane, FK15 9AJ Tel 0870 516 8283 Fax 0870 516 8284

7.2.3 accurate service records are maintained at all times, and that the approved servicing and repair agent completes and stamps the Vehicle’s service record after each service;

8. Use of the Vehicle: Your Obligations

8.2 You must not use the Vehicle for:

8.2.1 any purpose which is illegal, when unsafe or unfit to drive;

8.2.2 racing, rallying, pace-making, off-road activity, pursuit, or similar purpose;

8.2.3 driving tuition, as a taxi or for chauffeur services, hiring or for hire and reward, or as a courtesy car;

8.2.4 public service, armed forces, or police, or as airport plant or for a purpose for which the Vehicle is not designed.

8.3 You must allow us and/or our agents to inspect the Vehicle on reasonable notice.

8.4 Prior to returning the Vehicle, you must replace the registration number, complying with all necessary procedures and regulations relating to the proper removal and replacement of any cherished/personalized registration number. If a Vehicle is returned with a cherished/personalised registration number, we will be entitled to sell the Vehicle, and we will not be liable to reimburse you for any additional sale proceeds received by us as a result.

8.5 You must not sell, assign, sub-hire, charge, or otherwise dispose of or part with possession of the Vehicle.

8.8 You must remove any and all such items referred to in paragraph 8.7 above prior to the return of the Vehicle to us, and you will be responsible for the cost of making good any damage caused as a result of such removal. You will have no claim against us in respect of any such items not so removed. You must reactivate any safety related equipment that may have been deactivated during the Term or any Secondary Term (with or without our prior written consent).

8.10 If, for any reason, the odometer fails to work properly at any time during the Term or any Secondary Term, you must advise us immediately of such failure and the recorded mileage at that date, arrange for the immediate repair or replacement of the odometer, and advise us immediately when the odometer has been repaired or replaced. In the event of an odometer failure, the unrecorded mileage will be calculated on a pro-rata basis.

8.11 We will provide the first year’s Road Fund License; thereafter, you shall at your own cost obtain and pay for the Road Fund License.

9. Sales Agency

Provided that you have complied with all of your obligations under this Agreement, we will upon expiry of this Agreement (whether at the end of the Term or any Secondary Term) appoint you as our agent for sale of the Vehicle on terms to be stipulated by us and upon any such sale and unless the sale proceeds or the value of the Vehicle have already been taken into account in calculating the sum due under any of the clauses of this Agreement, you will be entitled to a rebate of rentals equivalent to the percentage set out in the Schedule of the net sale price (after deducting all costs relating to possession, sale, and delivery).

10. Return, Inspection, and Condition of a Vehicle

Unless you have been appointed as our agent for the sale of the Vehicle under paragraph 9 above, then the following clauses shall apply:

10.1 Upon the expiration or on the termination of the Term or any Secondary Term, you must notify us when and where the Vehicle will be available for collection. Our collection agent will use its best endeavors to collect the Vehicle no later than the 3rd working day following the date on which we receive your notification that the Vehicle is available for collection.

10.3 If, when our collection agent attends to collect the Vehicle, it is, in their opinion and for any reason, unroadworthy, we may charge you an abortive collection fee. We may also charge you any costs that we incur in collecting the Vehicle. You must advise us in writing of any failure by our collection agent to collect the Vehicle at the agreed time. We reserve the right to continue to charge Rentals in the event of any such failure.

10.4 If the Vehicle is returned within the first year, it must be returned with the Road Fund License, and if it is not, then we reserve the right to recharge you for the value of the refund that would have been obtained for unexpired Road Fund License. Any Road Fund License received by you after the Vehicle has been returned must be sent to us forthwith.

10.6 Immediately upon our demand, you will pay to us a sum which equals:

10.6.3 Where the Vehicle has been modified, painted, or sign-written without our written permission at the start of the Agreement, the full cost of rectification will be payable by you.

11. Default Termination

11.1 If any one or more of the following occurs:

11.1.1 You do not punctually pay any Rental or other sum owing to us under this Agreement or any other agreement we may have with you; or

11.1.2 You are in breach of any of the other terms of this Agreement or any other agreement we may have with you, and where such breach is capable of being remedied, it has not been remedied to our satisfaction within a period of 14 days from the date of our written notice to you advising of such breach; or

11.1.3 Where you are a company, any company within your group is in breach of any agreement it may have with us or any company within our group; or

11.1.4 You have given us any material information, in connection with this Agreement or any other agreement we may have with you, which we have reasonable grounds to believe is false or misleading; or

11.1.5 You are unable to pay your debts as defined in Section 123 of the Insolvency Act 1986, or you propose any voluntary arrangement with or call a meeting of your creditors or you make a deed of assignment or arrangement in favour of, or you compound with or sign a trust deed for or on behalf of your creditors or you apply for an interim order or petition for a bankruptcy order or suffer the levy against you of any distress or execution; or

11.1.6 Where you are a company, a petition for the winding-up or the winding-up of any company within your Group is presented or any resolution is proposed for such winding-up, or a receiver or administrative receiver is appointed over any of your assets or the assets of any company within your Group; or

11.1.7 You fail to make payment under any loan or other credit facility that you may have from time to time, which failure enables any creditor or other financier to make demand for immediate repayment of all sums outstanding under such facility; or

11.1.8 Where you are a company, there is any change or proposed change in your control (“control” having the meaning given in Section 840 of the Income and Corporation Taxes Act 1988); or

11.1.9 You shall cease to trade or threaten to cease to trade; or

11.1.10 Any guarantee which may be required by us from time to time in connection with the provision of this Agreement is for any reason not provided or withdrawn; or

11.1.11 We have reasonable grounds for believing that our interest in any Vehicle is at risk; or

11.1.12 The vehicle is declared a total loss. We shall be entitled to terminate the Agreement. We may terminate by written notice to you or by the act of retaking possession of a Vehicle. Any such termination shall not affect any other rights which we may have.

11.2 If you have shown that you no longer consider that you are bound by the terms of this Agreement, either by your failure to make payment of any Rental or other sum when it has fallen due, or by your breach of any other term of this Agreement to an end.

11.3 If any steps are taken either for the presentation of a petition for an Administration Order or the appointment of an Administrator by a floating charge holder, this Agreement shall terminate automatically.

12. Your liability following termination/repudiation

12.1 You must immediately pay to us, following the Agreement being terminated or ended under paragraph 11:

12.1.1 all Rentals and other sums which have fallen due but are unpaid as at the date of termination or the ending of the Agreement under paragraph 11; and

12.1.2 damages for any loss we suffer as a result of any breach of your obligations; and

12.1.3 by way of agreed liquidated damages and in addition to any arrears of Rentals, a sum equal to the Rentals which but for the termination would have become payable during the remainder of the Term, discounted at the rate of 5% per annum from the date the Agreement terminated or ended to the dates on which the relevant Rentals would otherwise have fallen due; and

12.1.4 any reasonable administration costs and expenses incurred by us as a result of your breach in accordance with paragraph 2.1.3. Less the net sale proceeds of the Vehicle (after deducting cost of repairs, storage, insurance, and sale and any other costs including legal costs reasonably incurred) if the vehicle is repossessed and sold within 3 months of termination, or if the vehicle is repossessed but not sold within such 3 month period, the value of the Vehicle as reasonably determined by us.

13. Consolidation

14. Appropriation

15. Guarantee and Indemnity

You will provide any guarantee and indemnity that we may require.

16. Use of your information

Information provided may be supplied to other organisations and used by them and us to assess you and your household for: credit and credit related services; motor, household, credit, life and other insurance proposals and claims; debt tracing and recovery; checking details of job applicants and employees, prevention of fraud and money laundering; managing your accounts; statistical analysis about credit, insurance and fraud; and market research and to verify your identity if you or your financial associate apply(ies) for other facilities, including all types of insurance applications and claims. We and other organizations may access and use from other countries the information recorded by fraud prevention agencies. Information about you may also be used for other purposes for which you have given specific information, or, in very limited circumstances, when required by law or where permitted under the terms of the Data Protection Act 1998. We may disclose your information to other subsidiaries or associates of First European Finance (Scotland) Limited. Credit scoring techniques will be used to assess your application. Please write to us at RFL House, Anderson Street, Dunblane, FK15 9AJ if you want a copy of the information we hold about you, or phone us on 0870 516 8283 for details of the Agencies we use.

17. Vehicle

17.1.1 We may at any time, at our discretion, on a permanent basis, replace or substitute the Vehicle for another motor Vehicle, whereupon the provisions of this Agreement shall apply to such other motor vehicle as though it were the Vehicle under this Agreement.

17.1.2 We shall not be liable for any delay in delivery of the Vehicle or any accessories outside our control, but we will take all reasonable steps we can to arrange for delivery to take place on the estimated delivery date or contact you to agree an alternative date.

17.1.3 You have 7 days from delivery to examine the Vehicle and write to us if you feel that the Vehicle is not of satisfactory condition. Unless you do, you will be deemed to have acknowledged that the Vehicle is free from defects and damage which such an examination would reveal, and in accordance with your order.

18. General Provisions

18.1 Change of Address – You must inform us immediately in writing if you move address or change your name, giving us details of your new address and name.

18.2 Transfer of Rights

18.2.1 You may not transfer your rights under this Agreement to any other person.

18.2.2 We may transfer any of our rights and/or responsibilities under this Agreement to any other person and at any time. Any such transfer will not affect your rights or responsibilities under the Agreement.

18.3 Indulgence – We may decide, from time to time, not to enforce some or all of our rights. If we do this, we will not be prevented from subsequently enforcing those or other rights.

18.4 Application of Payments – We may apply any payment you make to us under this Agreement or any other agreement we may have with you to this Agreement or to any other such agreement in whatever proportion we may decide.

18.5 Rights of Third Parties – This Agreement does not create any rights in favour of any person who is not a party to this Agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply.

18.6 Whole Agreement – The parties agree that the terms of this Agreement and any other written agreement signed by both parties and expressed to be supplemental to this Agreement represent the whole of the agreement between the parties in respect of the hire of the Vehicles. If, for any reason, you have placed an order for a Vehicle on terms other than those set out in this Agreement, then the acceptance of such an order by us shall not constitute acceptance of an offer on your terms or a variation of the terms of this Agreement. Any such order shall be accepted by us only on the terms set out in this Agreement.

18.7 Force Majeure – We shall be entitled to suspend or cancel our obligations under this Agreement if we shall be prevented and/or hindered from fulfilling our obligations by strikes, lock-outs, fire, or failure by any manufacturer or supplier to supply a Vehicle, or the theft of a Vehicle, or any other event outside our control.

18.8 Notices – Unless we have indicated otherwise in this Agreement, any notice or other written communication to be given by either party to the other may be delivered by hand, sent by first-class post, or by facsimile transmission to the address and/or telephone facsimile number as such party may from time to time have notified to the other party. In proving service, it shall be sufficient to show a receipt that the letter containing the notice was properly addressed, stamped, and posted by first-class mail, or, in the case of a facsimile transmission, that the sender’s facsimile machine has produced a report confirming that the notice has been successfully transmitted.

18.9 Choice of Law and Jurisdiction – This Agreement shall be subject to English law. Legal proceedings may be taken in the English Courts. This will not prevent us from exercising such remedies as we may have under Scottish law and in the Scottish Courts. If it becomes necessary to issue legal proceedings, you agree that we may issue the proceedings out of any County Court of our choice.

18.10 Electronic Processes

18.10.1We provide you with access to electronic tools such as reporting systems, and you acknowledge that such use is on a non exclusive non transferable license only and that any copyright or other intellectual property rights of whatsoever nature that subsist or may subsist in such software or programmes are and shall remain our property absolutely.

18.10.2 Where passwords are provided by us to enable access, these shall be provided to employees or your authorised users, and you shall not permit any other person to use such passwords. Upon termination of this Agreement, all permissions to use such electronic tools will cease.

18.10.3 In addition, the parties hereby agree that any of the procedures outlined in the terms and conditions of this Agreement can be effected by the use of electronic media, including but not limited to electronic signatures, and the use of such media will not invalidate any of such terms and conditions.

19. Interpretation

19.1 Paragraph headings are for ease of reference only.

19.2 Words importing the plural shall include the singular and vice versa.

19.3 References to any statute or statutory provision include any statute or statutory provision which amends, extends, consolidates, or replaces the same and any regulations or other subordinate legislation under that statute.

19.4 References to this Agreement or any other document shall be interpreted as references to this Agreement or that document as may be amended, supplemented, novated, or substituted from time to time.

19.5 Any amendment to this Agreement, or any purported variation to its terms, shall only be effective if in writing and signed by both parties.

19.6 The hiring of any Vehicle shall be on the terms of this Agreement and as may be varied in accordance with paragraph 19.5, notwithstanding any terms and conditions which either party may at any time seek to incorporate or impose. The terms of this Agreement shall prevail at all times.

19.7 The invalidity, illegality, or unenforceability of any provisions of this agreement shall not affect the continuation in force of the remainder of this agreement.

Hire+Hiring a van from us? Here's everything you need to know about your hire agreement.

Hire Agreement

1. Your Contract with us

Please read this agreement carefully. If there is anything you do not understand, ask a member of staff to explain it.
When you agree a rental with us, you accept the conditions set out in this rental agreement.

2. Rental Period

You will have use of the vehicle for the period agreed.

If you do not bring back the vehicle at the time and date specified in your rental agreement, you will be in breach of a condition of this agreement. We can charge you for every day or part of the day you have the vehicle after you should have returned it to us.

If you do not keep to the conditions of our agreement, we can ask you to bring back the vehicle before the date and time we have agreed with you. To do this, we will give you written notice in person or send it to an address you have given on our rental agreement, including an email address, or via text message to your mobile phone, if provided. Once we have given you the notice in person, you will no longer have our permission to have the vehicle. If we send the notice via email or SMS, you will no longer have our permission to have the vehicle. If we send you notice via first class post, two working days after we have posted it, you will no longer have our permission to have the vehicle. We may then take back our vehicle. If we believe you have given us false information, which was material to the decision to rent the vehicle to you, we may take back the vehicle without giving you any notice. You will be required to arrange collection of the vehicle in these instances.

3. Your Responsibilities

a) You must inspect the vehicle and any accessories we provide before you take the vehicle. If you are not satisfied with the vehicle or any accessories, or if you do not think the condition of the vehicle meets our pre-rental inspection report, you must notify us. In the absence of such notice, it shall be deemed that you received the vehicle and any accessories in perfect working order.

b) You must take care of the vehicle, any accessories, and the keys or other locking device (including any apps which can be used with the vehicles) for the vehicle. You agree to return the vehicle in the same condition in which you received it. You must always lock the vehicle when you are not using it, and use any security device which is fitted or supplied with the vehicle. You must always use your best endeavours to protect the vehicle against adverse weather conditions, which could cause damage to the vehicle. You must make sure that you use the correct fuel and fluids in the vehicle. If the vehicle is electric or plug-in hybrid, you must charge the vehicle in accordance with the instructions provided.

c) You are responsible for any damage to the vehicle. You must pay our reasonable costs for bringing the vehicle back to the condition stated in the pre-rental inspection report. This could include the cost of any damage inside and outside the vehicle, cleaning costs if the vehicle is very dirty, and replacement or repair of any items or accessories provided to you.

d) You must not sell, rent, or dispose of the vehicle, any of its parts, or accessories. You must not give or try to give anyone the legal rights to the vehicle or transfer legal ownership.

e) You must not let anyone work on the vehicle without our written permission.

f) You must let us know as soon as you become aware of any defect with the vehicle, or if the vehicle is stolen or involved in an accident, or broken down. Failure to notify may result in you breaking this agreement and liable to paying costs we incur.

g) If we have agreed to drop off the vehicle at an address you have given us, you will be responsible for the vehicle from the time we drop it off at this address.

h) Unless we have agreed to collect the vehicle from you, you must return the vehicle to the location we agreed. You must return it during the published opening hours or at a time and place we tell you. When you return the vehicle, our staff must check its condition. If we have agreed to allow you to return the vehicle outside of our opening hours, you will stay responsible for the vehicle and its condition until our staff have checked it at the earliest opportunity the following day. We may need to clean the vehicle before our staff can check its condition.

i) You must not carry any object or substance which, because of its condition or smell, may harm the vehicle or delay us renting or selling it.

4. Our Responsibilities

a) We will identify and tell you about any existing damage to the vehicle before you sign this agreement.

b) The vehicle you have hired may be fitted with a tracking device, and by signing this agreement, you agree that we have your consent to record and use any data we collect. The tracking device will be used to ensure safe and compliant operation of the vehicle in line with the terms of this agreement. If the vehicle is not returned on the agreed date, time, and place, we will use the data recorded on the device to recover our vehicle.

c) We have maintained the vehicle to at least the manufacturer’s recommended standard. The vehicle is roadworthy and suitable for you to use at the start of the rental period.

d) We are responsible if someone is injured or dies as a result of our action or failure to act. We are also responsible for any loss you suffer as a result of us breaking this agreement, if we could have predicted your loss at the time this agreement started, and it is a result of us breaking this agreement. We are not responsible for any indirect losses which occur as a side effect of the main loss and which we or you could not have predicted, such as loss of profits or loss of opportunity (for example, not being able to go to a business meeting or catching a flight).

5. Property

We are only responsible for loss or damage to property in the vehicle if the loss or damage is a result of our neglect or if we have broken this agreement. You are responsible for removing your personal belongings, including your data, from the vehicle at the end of the rental period, as we are not responsible for any items/data you leave in the vehicle. If you do leave items in the vehicle, we may agree to keep them for you to collect within a reasonable time. We may charge you reasonable costs for storing the items.

6. Conditions for using the vehicle

a) Only you, any driver named on the rental agreement, and anyone we have given written permission to can drive the vehicle. Anyone driving the vehicle must have a full driving licence which is valid in the European Economic Area for the type of vehicle you are renting.

b) You must not rent the vehicle to anyone else. You must also not use the vehicle or let someone else use it:

i. for any illegal purposes or in a way which would cause nuisance;

ii. to carry passengers for a fee (except for minibuses which you have a valid operator’s licence for);

iii. for driving lessons;

iv. to tow or push any vehicle, trailer, or other object, without our written permission;

v. for racing, pacemaking, or to test the vehicle’s reliability, performance, or speed;

vi. off roads or on roads unsuitable for the vehicle;

7. Charges

We work out our charges using our current pricing. You will be responsible for paying the following charges: –

a) The rental and any other charges we work out according to this agreement.

b) Any charge for loss or damage resulting from non-compliance, as set out in section 3 and 6 (above), including, where applicable, an administration fee to reflect reasonable administration costs which arise in dealing with these matters.

c) A refuelling service charge if you did not return the vehicle back to us with the agreed amount of fuel or electricity. The charge will be based upon the rates contained within this agreement or those at the location or rental branch you rented the vehicle from (or both). However, if at the time of entering the agreement, you have agreed to pay for a full tank of fuel and return the vehicle without refuelling, then no refuelling service charge shall be payable. You will not receive any credit for any unused fuel or electricity left in the tank or battery at the end of the rental period.

d) All charges, including legal and administrative costs for any road-traffic offence or parking (local authority or private), congestion or toll charges, or any other offence or charges involving the rental vehicle, including costs from the vehicle being clamped, seized, or towed away. You are responsible for paying the appropriate authority or company for any charges and costs if and when they ask you or us for these payments. You will also be responsible for paying our reasonable administration charges for dealing with these matters. However, where it is not reasonably practicable to transfer liability for any such fine or charge, we may use our discretion to settle the fine or charge with the appropriate authority and re-charge you such amount together with an administration charge to reflect our reasonable administration costs. Should you wish to appeal, contest, or dispute any such fine or charge, we shall pass all relevant information to you, and you must liaise directly with the appropriate authority or company to obtain any refund, where this is possible.

e) The reasonable cost of repairing any damage to the vehicle which was not noted at the start of the agreement, whether you were at fault or not (depending on section 4). You will also be responsible for paying the reasonable cost of replacing the vehicle if it is stolen or written off, depending on any insurance or cover you have (as set out in section 8 below), if and when we demand this payment. You will also be responsible for paying our reasonable administration charges for dealing with this matter. Should we consider damage to the rental vehicle to be caused by your gross negligence, serious carelessness, or deliberate misuse, then we reserve the right to recharge the full cost of repairs regardless of the cover that has been taken out, e.g., driving the vehicle illegally or driving through a flood. Any call out for a customer induced fault (e.g., losing the key to the vehicle) could lead to additional charges being applied to the rental agreement.

f) A loss-of-income charge, when we demand it, if we cannot rent out the vehicle because it needs to be repaired, if it is a write-off (it cannot be repaired), or if it has been stolen and we are waiting to receive a full payment of the vehicle’s value.

g) We will only charge you for loss of income if we cannot get back our losses under the damage protection programme, as explained in section 8. We will charge you at the published daily or hourly rate, and we will never charge you for more than 30 days’ rental charges. In addition, we will also make suitable deductions for any costs which we have avoided during the period that the vehicle cannot be rented, up to a maximum of 30 days. We will always do everything we can to make sure we repair the vehicle or get back our costs as soon as possible.

h) Any recovery charges arising from the Driver and Vehicle Services Agency (DVSA), HM Revenue & Customs (HMRC), the police, or any other organisation or their agents, who have seized our vehicle while on hire to you. You will also have to pay us a loss-of-income charge while we cannot rent out the vehicle.

i) Any published rates for delivering and collecting the vehicle, a charge for an extra driver or returning the vehicle late, and charges for accessories such as child car seats, satellite navigation systems, and other similar items.

j) Interest, which we will add every day to any amount you do not pay us on time, at the rate of 4% a year above the base lending rate as published by Barclays Bank. We will publish this rate from time to time.

k) You are responsible for any loss or damage to additional equipment hired at time of rental, including but not limited to satellite navigation equipment, baby seats, etc.

l) We will work out all charges in line with this agreement, and they will include VAT (if this applies).

You are responsible for all charges, even if you have asked someone else to be responsible for them

8. Motor insurance

Under the terms of this agreement, you must arrange your own fully comprehensive motor insurance to cover your legal responsibility for any loss or if the vehicle is stolen or damaged for the full period you are renting the vehicle for, and third party liability. You must prove that this motor insurance is valid and sign the confirmation on the rental agreement. We have the right to agree:

● the amount of cover you arrange;
● the type of policy you choose; and
● the insurer you choose.

We must be satisfied with the motor insurance cover and policy conditions, and you must not change them. We may ask your insurers to record our name as owners of the vehicle. If the vehicle is damaged or stolen, we will negotiate any settlement for loss or damage with your insurers, and we will receive any money they pay out. This includes allowing us to take legal action in your name and defending any proceedings taken against you. You are responsible for paying the full claim and paying all costs if the policy you have arranged fails and the vehicle is damaged, lost, or stolen, or someone else makes a claim.

It is your responsibility to ensure details of all vehicles supplied by us for a period of more than 14 days are entered onto the Motor Insurance Database within 3 days of the vehicle being supplied to you. If we receive any notices or penalties relating to the vehicle being uninsured, then we will ask you to pay our reasonable costs for dealing with them.

9. What to do if you have an accident or the vehicle is stolen

If you are involved in an accident, you must not admit that you are responsible. You should describe the situation as fully as possible when you are asked to do so by the police and ourselves. You should get the names and addresses of everyone involved, including witnesses. You should also:

● make sure the vehicle is secure;
● tell the police straight away if anyone is injured or if there is a disagreement over who is responsible; and
● contact us straight away.

You must then fill in our accident report form and send it to our address shown on our website.

If the vehicle has been stolen, you must tell us as soon as possible and confirm this in writing as soon as reasonably possible. You or any authorised drivers will also need to:

● get the names and addresses of any witnesses and give them to us;
● send us any notices or other documents relating to any legal proceedings arising out of the theft or loss;
● help us and our insurers in any legal proceedings, including allowing us to take legal action in your name and defending any legal action taken against you; and
● give us back all keys and report the theft or loss to the police as soon as reasonably possible.

10. Data protection

By entering into this rental agreement, you agree that we can process and store your personal information in connection with this agreement, including data collected from the vehicle. We may use your information to analyse statistics, for market research, credit control, and to protect our assets.

You agree that if you break the terms of this agreement, we can pass your personal information to credit-reference agencies, debt collectors, the police, or any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), which can share your personal information with its members to prevent crime and protect their assets, as allowed under the Data Protection Act 1998.

11. Ending this agreement

a) We will end this agreement if we find out that your belongings have been taken away from you to pay off your debts, or a receiving order has been made against you. We may end this agreement if you do not meet its main conditions.

b) If you are a company, we will end this agreement if:

● you go into liquidation;

● you call a meeting of creditors;

● we find out that your goods have been taken away from you until you pay off your debts; or

● you do not meet any of the conditions of this agreement.

c) If we end this agreement, it will not affect our right to receive any amount you owe us under the conditions of this agreement. We can also claim reasonable costs from you if you do not meet the main conditions of this agreement. We can repossess the vehicle and charge you a reasonable amount for doing so.

12. The law

We aim to deal with all disagreements fairly and calmly. If we cannot deal with a disagreement, we may take the matter to the BVRLA’s conciliation service. This Agreement shall be subject to English law. Legal proceedings may be taken in the English Courts. This will not prevent us from exercising such remedies as we may have under Scottish law and in the Scottish Courts. If it becomes necessary to issue legal proceedings, you agree that we may issue the proceedings out of any County Court of our choice.

This agreement contains all the conditions which we have agreed and replaces any written or verbal agreements we have with you.

13. Repossessing the vehicle

We may repossess the vehicle anytime it is found illegally parked, being used to violate the law or this Agreement, or appears abandoned. We may also repossess the vehicle anytime we discover you made a misrepresentation to obtain the vehicle. You agree that we needn’t notify you in advance. If the vehicle is repossessed, you agree to pay the actual and reasonable costs incurred by us to repossess the vehicle and agree that such costs will be charged to the card you used to rent the vehicle.

14. Return of the Vehicle

a) You will remain liable for any Vehicle and be obliged to comply with these Terms until the procedure for off hiring the Vehicle set out below has been completed.

b) Unless otherwise agreed in advance by us, you shall return the Vehicle on the Return Date.

c) You shall return the Vehicle in the same condition as was identified in the Vehicle Condition Report (fair wear and tear excepted).

d) You must return the Vehicle to such location as is agreed by us during Business Hours on the Return Date.

e) You will remain liable for the Vehicle until the keys for the Vehicle have been handed to our representative and the individual returning the Vehicle signs the “off hire form”

f) If you return a Vehicle to any of our premises outside Business Hours, you must leave the keys in a location that we have agreed in advance and the Vehicle will be your responsibility until the time at which the delivery location agreed by us opens for business, and you shall be liable to us for any and all losses we suffer during this time.

15. Complaints

We always strive to treat our customers fairly and reasonably and to avoid complaints whenever possible. Nevertheless, it may sometimes happen that, for a variety of reasons, a customer may consider that he or she has a valid cause for complaint against us. If this happens, we will deal with the complaint in accordance with our complaint handling procedures:

1 We will acknowledge all complaints promptly and in writing.

2 If the complaint is made orally, we will include in the acknowledgement a statement of our understanding of the nature of the complaint.

3 We will verify that each complaint is an eligible complainant under the rules of the Financial Ombudsman Service and deal with the complaint in accordance with those rules for eligible complainants. Complainants who are not eligible will have their complaints handled in accordance with our standard complaints procedures.

4 We will endeavour to complete our investigation into complaints within four weeks of the date that the complaint is received by us. If we cannot complete the investigation within this time period, we will write and confirm the stage that we have reached and provide an estimate of the date that we expect to be able to do so.

5 For complaints that we are unable to conclude within four weeks, we will endeavour to conclude within eight weeks. Within this time period, we will try and write explaining why we are unable to agree with the complaint, or if we do agree with it, we will explain what we propose to do to remedy the situation. We will offer the opportunity for the matter to be referred to more senior management for a final decision in the event that the complainant does not agree with our initial proposals.

6 If requested to do so after our initial explanation has been considered, we will refer the complaint to a member of our senior management team to review the complaint afresh and consider whether our initial position should be changed. When we write confirming our final position from our senior management, we will explain the complainant’s rights to refer the matter to the Financial Ombudsman Service within the following six months and enclose the Financial Ombudsman Service’s leaflet detailing those rights.

7 We will co-operate fully with the Financial Ombudsman Service in respect of any complaint referred to it.

First European Finance (Scotland) Limited Registered in Scotland 135936. Vat 658589762. Trading Address, Second Floor, 24 Henderson Street, Bridge Of Allan, FK9 4HP. Registered Office, Amicable House, 252 Union Street, Aberdeen, AB10 1TN. FRN Number: 671818C. Authorised and regulated by the Financial Conduct Authority as a credit broker, not a lender.

16. Statement of Liability

‘I agree that while the rental agreement is in force I will be liable as owner/hirer of the vehicle, or any replacement vehicle, for any fixed penalty offence, penalty charge notice, notice to owner, parking charge notice for that vehicle under s66 Road Traffic Offenders Act 1988, Schedule 6 Road Traffic Act 1991, Traffic Management Act 2004, Protection of Freedoms Act 2012 and any other relevant legislation.’

Privacy PolicyHow we use and protect the personal data you provide - including information on data protection, cookies and credit searches.

Providing your personal data to others

We are committed to collecting and using data fairly. This Privacy Policy is created to help you understand what data we collect, why we collect it, and what we do with it.

Your information will be held by First European Finance (Scotland) Limited trading as kimiling504873.eu.org.

Who we are

First European Finance (Scotland) Limited trading as kimiling504873.eu.org. You can find out about us at kimiling504873.eu.org.

If you have any questions or want more details about how we use your personal information, you can get in touch with us at [email protected], or you can call us on 0800 027 3923.

Where we collect personal information from

In addition to the information you provide to us directly, we collect personal information in a number of ways, for example, from third party credit reference agencies and from looking at how you have used other products and services that we offer.

Sometimes, for your safety and for legal reasons, we collect personal information by recording and monitoring calls. We also record calls for training purposes.

We obtain personal information:

• Directly from you, for example, when you fill in any web forms or online applications.

• By observing how you use our products and services.

• From other organisations, such as credit reference and fraud prevention agencies.

• From other people who know you, including joint account holders and people linked to you financially.

How we use your personal information

We use your personal information to provide you with products and services (including credit checks), to comply with the law and enforce our legal rights (including debt recovery), and to improve and market our products and services.

We sometimes need to gather, use, and share additional personal information for specific purposes, which are:

To operate and administer our products and services, including dealing with your complaints and fixing our mistakes.
To administer payments to and from you.
To make credit decisions about you (including new applications for credit or requests to increase credit limits).
To advise on the suitability of our products and services.
To comply with our legal obligations, to prevent financial crime, including fraud and money laundering.
For financial management and debt recovery purposes.
To enable payments to third parties.
To carry out market research and analysis to develop and improve our products and services.
To market products and services to you from us or our partners.

How long do we keep your personal information for

We will keep your personal information securely for as long as we need to, and this will depend on the products and services we deliver to you.

We will not retain your personal information for any longer than is necessary for the purposes we need to use it for.

Who we share your personal information with

We will share personal information with our suppliers and other third parties where we need to do that to make products and services available to you, market products and services to you, meet or enforce a legal obligation, or where it is fair and reasonable for us to do so. It may be necessary for us to approach more than one lender or finance house from our panel of providers to have credit facilities agreed, and this may result in several credit searches being registered on your credit file. If you are a company or partnership, these searches will also be made in respect of any of your directors and partners.

Most of the time, the personal information we have about you is information you have given to us or gathered by us in the course of providing products and services to you. We also sometimes gather personal information from and send personal information to third parties where necessary for credit checking and fraud prevention or marketing purposes, for example, so you can receive the best offers from us and our partners.

We will only share your personal information to the extent needed for those purposes.

Credit Reference Agencies (CRAs)

We carry out credit and identity checks when you apply for a product or services for you or your business. We may use Credit Reference Agencies to help us with this.

If you use our services, from time to time, we may also search information that the CRAs have to help us manage those accounts.

We will share your personal information with CRAs, and they will give us information about you. The data we exchange can include:

• Name, address, and date of birth.

• Credit applications.

• Details of any shared credit.

• Financial situation and history.

• Public information, from sources such as the electoral register and Companies House.

We’ll use this data to:

• Assess whether you or your business is able to afford to make repayments.

• Make sure what you’ve told us is true and correct.

• Manage accounts with us.

• Trace and recover debts.

• Make sure that we tell you about relevant offers.

We will go on sharing your personal information with CRAs for as long as you are a customer. This will include details about your settled accounts and any debts not fully repaid on time. It will also include details of funds going into the account and the account balance. We will also tell the CRAs when you settle your accounts with us.

When we ask CRAs about you or your business, they will note it on your credit file. This is called a credit search. Other lenders may see this, and we may see credit searches from other lenders.

You should tell them about this before you apply for a product or service. It is important that they know your records will be linked together, and that credit searches may be made on them.

CRAs will also link your records together. These links will stay on your files unless one of you asks the CRAs to break the link. You will normally need to give proof that you no longer have a financial link with each other.

You can find out more about the CRAs on their websites, in the Credit Reference Agency Information Notice. This includes details about:

• Who they are.

• Their role as fraud prevention agencies.

• The data they hold and how they use it.

• How they share personal information.

• How long they can keep data.

• Your data protection rights.

Fraud Prevention Agencies (FPAs)

We may need to confirm your identity before we provide products or services to you or your business. Once you have become a customer of ours, we will also share your personal information as needed to help detect fraud and money-laundering risks. We use Fraud Prevention Agencies to help us with this.

Both we and fraud prevention agencies can only use your personal information if we have a proper reason to do so. It must be needed either for us to obey the law, or for a ‘legitimate interest’.

A legitimate interest is when we have a business or commercial reason to use your information. This must not unfairly go against what is right and best for you.

We will use the information to:

• Confirm identities.

• Help prevent fraud and money-laundering.

• Fulfill any contracts you or your business has with us.

We or an FPA may allow law enforcement agencies to access your personal information. This is to support their duty to detect, investigate, prevent, and prosecute crime.

FPAs can keep personal information for different lengths of time. They can keep your data for up to six years if they find a risk of fraud or money-laundering.

How we use your information to make automated decisions

We sometimes use systems to make automated decisions based on personal information we have, or are allowed to collect from others, about you or your business. This helps us to make sure our decisions are quick, fair, efficient, and correct, based on what we know. These automated decisions can affect the products, services, or features we may offer you now or in the future, or the price that we charge you for them.

As a person, you have rights over automated decisions.

• You can ask that we do not make our decision based on the automated score alone.

• You can object to an automated decision and ask that a person reviews it.

If you want to know more about these rights, please contact us at [email protected].

If you choose not to give personal information

We may need to collect personal information by law, or under the terms of a contract we have with you.

If you choose not to give us this personal information, it may delay or prevent us from meeting our obligations. It may also mean that we cannot perform the services needed to run your accounts or policies. It could mean that we cancel a product or service you have with us.

Any data collection that is optional would be made clear at the point of collection.

Marketing

Any information that we hold about you will be used to supply our goods and services to your business. We will only use or share your information to the extent needed for those purposes.

We may use your personal information to tell you about relevant products and offers. This is what we mean when we talk about ‘marketing’.

The personal information we have for you is made up of what you tell us, and data we collect when you use our services, or from third parties we work with.

We study this to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services, and offers may be relevant for you.

We can only use your personal information to send you marketing messages if we have either your consent or a ‘legitimate interest’. That is when we have a business or commercial reason to use your information. It must not unfairly go against what is right and best for you.

You can ask us to stop sending you marketing messages by contacting us at any time or by using the unsubscribe option on any email marketing.

Whatever you choose, you may still receive other important information, such as changes to your existing products and services.

We may ask you to confirm or update your choices if you take out any new products or services with us in the future. We will also ask you to do this if there are changes in the law, regulation, or the structure of our business.

If you change your mind, you can update your choices at any time by contacting us.

Cookie Policy

What are cookies, and why do we use them?

Cookies are small files made up of letters and numbers that are sent to your computer (or device) in order to distinguish the device you are using from all the others which have been on our website. We use cookies to improve your experience when using our website, as well as for providing us with useful, non-personal information about the ways in which people and devices interact with it.

Types of cookies we use and the Information they store

The cookies we use are for analytical purposes and don’t store any personal information apart from the information you choose to input on our site. As well as for web traffic analysis, our cookies are used to automatically pre-populate fields in forms for the sole reason of saving you the effort of filling them out multiple times!

We use both session and persistent cookies on our site, which improve your experience and allow us to see how many new and returning visitors have been on our site. This information is obtained by tracing a device’s IP address, and includes which pages were visited, how many pages were visited, the length of time spent on each page, and the rough location, etc.

Because we use Google and Adobe analytical technology, cookies may be left on your device from these organisations. These are the only “third party” cookies you may receive from our site.

Importantly, we will never attempt to personally identify you from your IP address unless required to as a matter of law or regulation or in order to protect our, or our other customers’ rights.

Accepting or declining our Cookie Policy

Most browsers automatically accept cookies, so if you choose to continue accepting cookies through your browser, we will assume your acceptance of our cookie policy and invite you to the full use of our website with complete peace of mind regarding your data and privacy. Because we’re not using cookies for any reasons other than ultimately improving our service to you, there should be no reason for choosing to turn them off.

If you don’t want to accept cookies from our site, that’s fine, but your experience of using the site will be compromised, and certain aspects may not function properly or at all. Most modern browsers have an option that allows you to surf the web without accepting cookies, or to only accept cookies from the sites that you choose to. If you wish to delete cookies from your computer, this is possible in your browser settings.

How the law protects you

As well as our Privacy Promise, your privacy is protected by law.

Data protection law says that we are allowed to use personal information only if we have a proper reason to do so. The law says we must have one or more of these reasons:

• To fulfil a contract we have with you

• When it is our legal duty

• When it is in our legitimate interest

• When you consent to it

A legitimate interest is when we have a business or commercial reason to use your information. But even then, it must not unfairly go against what is right and best for you.

You have the right to object to how we process your personal information. You also have the right to access, correct, sometimes delete, and restrict the personal information we use.

You can contact us at [email protected] to exercise any of the following privacy rights:

Right to object

You can object to our processing of your personal information. Please contact us as noted above, providing details of your objection.

Access to your personal information

You can request access to a copy of your personal information that we hold, along with information on what personal information we use, why we use it, who we share it with, how long we keep it for, and whether it has been used for any automated decision making.

Right to withdraw consent

If you have given us your consent to use personal information, you can withdraw your consent at any time and update your marketing preferences by emailing us directly or by using the unsubscribe options on any email marketing.

Rectification

You can ask us to change or complete any inaccurate or incomplete personal information held about you.

Erasure

You can ask us to delete your personal information where it is no longer necessary for us to use it, you have withdrawn consent, or where we have no lawful basis for keeping it.

Portability

You can ask us to provide you or a third party with some of the personal information that we hold about you in a structured, commonly used, electronic form, so it can be easily transferred.

Restriction

You can ask us to restrict the personal information we use about you where you have asked for it to be erased or where you have objected to our use of it.

Make a complaint

You can make a complaint about how we have used your personal information to us, by emailing us directly at [email protected].

Vehicle InsuranceYou must insure your new vehicle on a fully comprehensive basis during the period of your agreement with us.

Vehicle Insurance

Vehicle insurance law means that your vehicle must be kept insured at all times. As well as being a legal requirement, you also have a contractual requirement to keep your vehicle insured on a fully comprehensive motor policy during the period of your agreement with us. It is your responsibility to arrange comprehensive insurance against loss or damage to the full retail replacement value of the Vehicle. You should also consider having additional GAP insurance cover.

It is a serious criminal offence to drive a vehicle without insurance, and your contract with us does not permit you to drive without valid, fully comprehensive insurance in place. This breach of contract may result in enforcement action, including the repossession of your vehicle.

If your vehicle is found to be uninsured, an Insurance Advisory Letter will be issued by the Motor Insurers’ Bureau to the registered keepers of uninsured vehicles. This will be following a check of the Motor Insurance Database – the UK’s central record of vehicle insurance. The Insurance Advisory Letters will advise the registered keeper that their vehicle appears to have no insurance and what actions to take to avoid receiving a fixed penalty from DVLA.

If a vehicle does not have insurance, the registered keeper could:

– Receive a fixed penalty of £100

– Have their vehicle wheel-clamped, impounded, or destroyed

– Face a court prosecution, with a possible maximum fine of £1000

Continuous Insurance Enforcement laws affect anyone who owns and keeps a vehicle. The scheme is supported by the Department for Transport, DVLA, the insurance industry, and the police will be a crucial tool to further reduce the level of uninsured driving.

Anyone keeping a vehicle which does not appear on both the DVLA and the Motor Insurance Database records will be contacted with notice advising them to declare the vehicle off road (SORN) or to purchase appropriate insurance.

The Continuous Insurance Enforcement scheme will use vehicle registration details to identify registered keepers with no insurance.

Information NoticeWho we are, what we do, booking your vehicle, fees explained and more.

General Terms of Use

This Website is owned and provided by First European Finance (Scotland) Limited (registered in Scotland with company number SC135936), whose registered address is at Abercorn School, Newton, Broxburn, West Lothian, EH52 6PZ, and whose VAT registration number is 658589762. First European Finance (Scotland) Limited is authorised and regulated by the Financial Conduct Authority as a credit broker, not a lender.

The Terms of Use apply to all of our products and services. In these Terms of Use, “we”, “our”, and “us” means First European Finance (Scotland) Limited and any of its trading styles. “You” and “your” means any person who accesses and uses this Website. In these Terms of Use, “Website Information” refers to all aspects which operate in or form part of this Website, including (but not limited to): Images, Text, Scripts, Graphics, Animations, etc.

Access to and the use of this Website is subject to the Terms of Use. By accessing this Website, you agree to be bound by these Terms of Use and to act in accordance with them. If you do not accept or agree with any of the Terms of Use, you are not permitted to use this Website, and you should leave the Website immediately. You should check the Terms of Use every time you visit this site, as we reserve the right to change or amend these Terms at any time and without warning. Any changes made to these Terms of Use shall take effect immediately from the date they are posted on this Website.

Intellectual Property Rights

All intellectual property rights in the Website Information are owned by First European Finance (Scotland) Limited or its associated providers unless otherwise stated. Intellectual property is in the information provided by this Website, the design and arrangement of the web pages and its content, and in the underlying source code and software. Other material operating in or forming part of this Website may also hold intellectual property rights.

Website Information may be viewed in a web browser for private use only. You may not copy any Website Information for any reason except for private use. Prior, written consent must be obtained from First European Finance (Scotland) Limited for any reason other than private use of Website Information. Consent to use any Website Information from this Website may be granted at our sole discretion. Nothing in these Terms of Use or on this Website may be considered a license to reproduce, use, or copy any Website Information.

Your continued use of this Website will denote your acceptance of these Terms of Use; however, if any term of these Terms of Use is breached, your right to use and access this Website shall immediately be revoked.

Vehicle Data and Pricing

We make available a range of information and data relating to vehicles and pricing within our site. Every effort is made to keep this data accurate and up to date; however, you should only use this as a guide, and we will not be liable for any loss or damage arising directly or indirectly from the use of or reliance on this data. All of the imagery contained in the site is for illustration purposes only and is not intended to provide an actual image of the vehicle we may deliver. We continually make changes to the site in terms of content, data, imagery, and pricing, and we reserve the right to change or adjust any of these at any time.

Vehicle pricing and quotes on this site are for information purposes only and do not in themselves constitute an offer to trade. We will notify you of any changes that may affect a vehicle booking you have made with us. All of the pricing information is quoted in Great British Pounds (sterling) and excludes VAT.

Booking Your New Vehicle

When you place a booking instruction for a vehicle with us, this is an offer by you and is subject to acceptance by us. Acknowledgment of your vehicle booking instruction does not constitute legal acceptance of it. We may choose not to accept your booking, and in these circumstances, we will not be liable to you or anyone else connected with the vehicle booking. All vehicle bookings are subject to availability, vehicle manufacturer price changes, and payment of a booking deposit. If the vehicle you have booked is not available, we will contact you to offer possible alternatives, or you can choose to wait until the vehicle you want is built and ready for delivery. In this event, you can also choose to cancel your booking, and we will arrange to refund any deposit you have paid in respect of the booking. If you choose to modify or cancel your booking, you should confirm this in writing. If we choose to accept your booking cancellation, we will levy a charge for administration expenses incurred in processing your booking and disposing of the vehicle related to that booking. Your booking with us is an instruction from you to us to purchase for supply a vehicle of your choice and specification, and as such, we will consider a cancellation as a breach of agreement. As an estimate of the likely costs involved in disposing of the vehicle and the related administration costs, a minimum charge of £2500 + VAT will be levied against the cancelled booking. If the vehicle has been built to your individual specification, then additional cancellation costs may be incurred, and these costs will be added to the cancellation charge.

The above vehicle booking conditions will not apply if you are exercising your rights afforded under the Consumer Credit Act 1974, The Distance Selling Regulations, or The Distance Marketing Regulations. These regulations afford cancellation rights in certain circumstances only and would not normally apply to a business company. None of our booking conditions will affect your statutory rights.

Statutory Rights

Nothing contained in our terms and conditions shall affect your statutory rights.

First European Finance (Scotland) Limited is authorised and regulated by the Financial Conduct Authority as a credit broker, not a lender. If you choose to make an application with us, we can introduce you to a limited number of finance providers who may pay us for that introduction.

Treating Customers Fairly

Here at First European Finance (Scotland) Ltd, we take Treating Customers Fairly very seriously.

All firms regulated by the Financial Conduct Authority (FCA) must pay due regard to the interests of their customers, and consequently, treating customers fairly is an integral part of our culture and has been embedded in all areas of our business for many years, from systems and controls to training, remuneration, and staff behavior.

The principles of Treating Customers Fairly are not new and are part of existing regulatory requirements. They aim to raise standards by introducing a series of changes that will benefit retail customers and increase their confidence in the financial services industry.

As Treating Customers Fairly is not a one-size-fits-all concept, First European Finance (Scotland) Ltd has put together some information about what Treating Customers Fairly means to us, including what you can expect from us, how we deliver this, and what to do if you feel you have been treated unfairly.

What does Treating Customers Fairly mean?

Outcome 1
Retail customers can be confident that they are dealing with firms where the fair treatment of customers is central to the corporate culture.

Outcome 2
Products and services marketed and sold in the retail market are designed to meet the needs of identified consumer groups and are targeted accordingly.

Outcome 3
Consumers are provided with clear information and are kept appropriately informed before, during, and after the point of sale.

Outcome 4
Where consumers receive advice, the advice is suitable and takes account of their circumstances.

Outcome 5
Consumers are provided with products that perform as firms have led them to expect, and the associated service is both of an acceptable standard and as they have been led to expect.

Outcome 6
Consumers do not face unreasonable post-sales barriers imposed by firms to change products, switch providers, submit a claim, or make a complaint.

What you can expect from us

Treating Customers Fairly is a vital part of First European Finance (Scotland) Ltd’s business values, and we are continuously working to ensure customers are treated fairly. As a result, you can expect the following services when dealing with us:

– Clear, fair, and transparent pricing.
– Continual monitoring of the competitive market to ensure consumers achieve value for money.
– Fair and quality advice from our experienced sales staff based on customer needs, priorities, and circumstances.
– Clear and transparent information regarding our fees in our initial disclosure document.
– Continual advice and support throughout all stages of the product life-cycle.
– Clear and jargon-free information on the product with adequate opportunity for customers to ask questions.
– After-sales information and services, including contract reminders, product updates, and help and advice regarding additional services.
– Full complaints handling procedure.

How do we work to deliver this?

Treating customers fairly is a continuous process, and we’re implementing many processes throughout the business to ensure we comply. These include:

– Obtaining feedback (where possible) from customers and staff to continually improve communication and processes.
– Robust training and competence programs to support sales staff and ensure we are listening to our customers and considering their individual needs and circumstances.
– Any advice provided will be appropriate and consider the customers’ individual needs and circumstances.
– Offering only products and services which are appropriately targeted, clear, unambiguous, and that highlight the risks and conditions as well as the key features and benefits.
– Ensuring customers understand all risks associated with products and services.
– We ensure our services are delivered with clarity and transparency and do not contain hidden conditions or rely on complex technical definitions.
– Continually reviewing our workplace environment and protocols (by senior management) to measure and monitor treating customers fairly performance.
– Regularly reviewing FCA material, disseminating appropriate content to staff, and attending relevant industry conferences and meetings.
– We take our clients’ privacy seriously and ensure that our staff are aware of and follow rules in relation to data protection to ensure that clients’ details are kept secure and confidential.
– We take any complaint seriously and will deal with any complaints promptly and make improvements to our operations where required.

What to do if you feel you’ve been treated unfairly?

A crucial aspect of treating customers fairly is how we handle complaints from our customers. It is our aim to provide an excellent standard of customer service for every client. On occasion, we may get things wrong. If you have a complaint about any aspect of our service or products, we would like to hear from you.

Please call our office on 0800 027 3923 or email us at [email protected]. Alternatively, you can write to us at First European Finance (Scotland) Ltd, Second Floor, 24 Henderson Street, Bridge of Allan, FK9 4HP, where a member of staff will be available to help (Office hours: Monday-Friday 9 AM-5.30 PM).

Please refer to our complaints procedure if you have any queries about our complaints process.

Treating Customers Fairly
We are committed to ensuring that the FCA principle of treating customers fairly is applied in all areas of our day to day business activities.

In adopting a Treating Customers Fairly principle we recognise that fair treatment of our customers is about adding value to the service we offer by aiming to protect the interests of our customers at each stage of the product life cycle, from promotion through to after sales and service, as well as meet as best we can the unique needs of each customer by offering a transparent, efficient, and professional service, and constantly reviewing our service to identify areas for improvement.

In practical terms, for the different areas of our business, this means:

1. Ensuring that promotional material is clear, compliant, jargon free, and appropriately targeted.
2. Ensuring that staff have thorough training on all products and services, understand who they are and aren’t suitable for, and are encouraged to challenge product providers, suppliers, and manufacturers where they spot inconsistencies, ambiguities, or potential unfairness in the product literature or product features.
3. Operating remuneration systems which assure fairness to the customer as well as customer satisfaction.
4. Finding ways to encourage all staff to implement Treating Customers Fairly in their day to day activities.
5. Keeping detailed records of customer discussions and of the advice and options given before, during, and after a sale, to help ensure we treat customers fairly and can deal with any complaints that may arise swiftly and fairly.
6. Encouraging after sales contact with clients where appropriate to correct or improve on the service already offered.
7. Ensuring that customer complaints are assessed fairly, promptly, and impartially, and in line with FCA deadlines and rules.
8. Encouraging staff to recommend improvements to service following customer complaints and monitoring the outcome.
9. Ensuring that staff are kept up to date with relevant training in relation to competence, data protection, and other matters directly affecting the quality of service offered to customers.
10. Offering regular training in the principle of Treating Customers Fairly at all levels of the business.
11. Regularly monitoring and reporting on all of the above Treating Customers Fairly activities as part of the company’s monthly statistics/MI, in order to assess Treating Customers Fairly performance across the business and recommend changes where appropriate.
12. Ensuring that Treating Customers Fairly values, which are set and communicated by Senior Management, are supported by all staff and understood in the same way.

Nothing contained in our terms and conditions shall affect your statutory rights.

Initial DisclosureOur initial disclosure statement as required by the Financial Conduct Authority (FCA).

Initial Disclosure

The Financial Conduct Authority (FCA) is the independent regulator of financial services in the United Kingdom. This statement is called our initial disclosure to you and is designed to tell you about the products and services that we offer, what we charge for these services, who regulates us, what to do if you have a complaint, as well as details about the Financial Services Compensation Scheme.

About kimiling504873.eu.org
kimiling504873.eu.org is a trading style of First European Finance (Scotland) Limited, company number SC135936. Our registered offices are at Abercorn School, Newton, Broxburn, West Lothian, EH52 6PZ. Our Financial Conduct Authority firm’s reference number is 671818. We are authorised by the FCA as a credit broker, not a lender.

The Products We Offer
First European Finance (Scotland) Limited offers a wide range of products and services from leasing companies, vehicle manufacturers, vehicle dealerships, and related product providers with whom we have commercial agreements in place.

The Services We Provide
As a credit broker, we can introduce you to a selected group of lenders, finance companies, and leasing providers who may be able to help you provide finance for your vehicle. In assessing your requirements, we will ask you to provide information about your personal circumstances and objectives in order to properly identify your needs. It is an important aspect of our service that we get accurate information so that we can match suitable products and services for your particular set of circumstances.

Costs For Our Services
First European Finance (Scotland) Ltd operates as an independent leasing business and commercial vehicle retailer. We are a commission and fee based organisation, and this means we receive payments and other benefits from our finance providers should you choose to enter into an agreement. These payments may be variable or pre-set dependant on the product selected and the complexity of each case. This is reflected in the monthly lease rate that you pay for your vehicle. We may also receive an annual or quarterly payment(s) or other benefits based on the volume of business we submit to our finance providers. We will charge a management and processing fee should you choose to engage with us to provide a vehicle. If you would like further information on commission, please contact [email protected].

Who Regulates Us?
First European Finance (Scotland) Limited is regulated by The Financial Conduct Authority. Our firm’s reference number is 671818. You can verify this by visiting the FCA’s website at www.fca.org.uk or by contacting them on 0300 500 8082. Some of the services we offer are not regulated by the FCA; however, the Financial Ombudsman Service has now been extended to handle complaints under the Consumer Credit Act.

Complaints and Resolution
We strive to ensure that we offer the very highest levels of customer service and satisfaction; however, if you are not satisfied with any aspect of the service we have provided, you can contact us:

In writing – First European, Second Floor, 24 Henderson Street, Bridge Of Allan, FK9 4HP.
by telephone – 0800 027 3923
by email – [email protected]

To help us resolve your problem, you should provide the following information:

• Your full name and contact information.

• Full details of your complaint.

• Your lease agreement details.

• Details of what you would like us to do to put things right.

• Photocopies of any relevant paperwork.

We will answer any complaints as quickly as possible, but always within eight weeks.
If you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service.

Complaints ProcessHow we handle and resolve complaints, including details of our complaints handling procedure.

Complaints Resolution

1. We will acknowledge all complaints promptly and in writing.

2. If the complaint is made orally, we will include in the acknowledgement a statement of our understanding of the nature of the complaint.

3. We will verify that each complaint is an eligible complainant under the rules of the Financial Ombudsman Service and deal with the complaint in accordance with those rules for eligible complainants. Complainants who are not eligible will have their complaints handled in accordance with our standard complaints procedures.

4. We will endeavour to complete our investigation into complaints within four weeks of the date that the complaint is received by us. If we cannot complete the investigation within this time period, we will write and confirm the stage that we have reached and provide an estimate of the date that we expect to be able to do so.

5. For complaints that we are unable to conclude within four weeks, we will endeavour to conclude within eight weeks. Within this time period, we will try and write explaining why we are unable to agree with the complaint, or if we do agree with it, we will explain what we propose to do to remedy the situation. We will offer the opportunity for the matter to be referred to more senior management for a final decision in the event that the complainant does not agree with our initial proposals.

6. If requested to do so after our initial explanation has been considered, we will refer the complaint to a member of our senior management team to review the complaint afresh and consider whether our initial position should be changed. When we write confirming our final position from our senior management, we will explain the complainant’s rights to refer the matter to the Financial Ombudsman Service within the following six months and enclose the Financial Ombudsman Service’s leaflet detailing those rights.

7. We will co-operate fully with the Financial Ombudsman Service in respect of any complaint referred to it.

First European Finance (Scotland) Limited Registered in Scotland 135936. Vat 658589762. Trading Address, Second Floor, 24 Henderson Street, Bridge Of Allan, FK9 4HP. Registered Office, Abercorn School, Newton, Broxburn, West Lothian, EH52 6PZ. FRN Number: 671818C. Authorised and regulated by the Financial Conduct Authority as a credit broker, not a lender.

Wear and TearThe industry-wide Fair Wear & Tear guidelines for returning a van at the end of its lease.

Please download the document below:

Wear and Tear Guide for Vans

ID VerificationWe collect ID before the delivery of any new van but it's really quite simple. Find out what identification we need from you.

IDENTIFICATION

As part of the documentation process for your new vehicle, we require to obtain evidence of your signature and evidence of your home address. We have detailed below some of the answers to the main questions you may have. In addition, we have explained what is required, why it is required, and the action you must take.

Q: Why have you asked me for copies of my personal documents?

A: The financial services industry is a natural target for criminals and terrorists who wish to legitimise money gained from their criminal activities. Criminals and terrorists attempt to place money gained from acts such as fraud, drug trafficking, smuggling, and robbery into the financial services industry through the purchase of products. They will then encash the proceeds of the product at a later date. This is known as money laundering: it is the process of making “dirty” criminal money look “clean” and legitimate. First European Finance (Scotland) Ltd, along with all other financial services companies, has a legal duty to verify your identity. This is done by obtaining documented evidence of your signature as well as your name and address. The information you provide is held confidentially and will not be used for any other purpose.

Q: Why have you asked me for this information?

A: It does not mean in any way that suspicion is falling on you. Name and address evidence must be documented before allowing certain transactions to proceed. This is now a legal requirement within our industry. Documentation is needed that clearly identifies or reconfirms who you are. This makes life harder for criminals and terrorists to use false or stolen identities to access the financial system and launder their “dirty” criminal money to make it look “clean” and legitimate. By providing this information, you make it harder for criminals and terrorists to use false names – including yours – in committing their crimes. Verifying clients’ identities is essential in the fight against crime and terrorism.

Q: What proof of identity do you require?

A: On our main letter, there is a list of the types of documents that can be used to identify who you are. We need two documents: one specifically to verify your signature and one to verify your address. Copies of these documents must be submitted to us along with the main contract documents for your new vehicle.

Q: Can I send you the original documents instead?

A: We do not ask our clients to send original documents. If you decide to send us original documents, we will, of course, accept them and return them to you, but we cannot be held responsible for their loss or subsequent misuse.

Q: What if I do not have any of the types of documents you are asking me to send?

A: We fully understand that some people will not have all or, in some cases, any of the documents we have asked you for. Please contact us on 0800 027 3923, explaining the reason. We will then advise you of any possible alternatives, dependent upon the situation.

Q: What happens if I refuse to supply these documents?

A: The law requires us to obtain this information. If it is not forthcoming, then we will not be able to proceed with the transaction you have requested.

Q: Which documents can I use as evidence of my name and signature?

A: You can provide a copy of one of the following documents issued by an official authority:

Current driving license

Current passport.

Q: Which documents can I use as evidence of my address?

– An electricity bill that is dated in the last 90 days. The bill must show your address and the 13 digit electricity supply number. The bill does not need to be in your name; however, it must be at your home address.- A bank, building society, or credit card statement issued within the last 60 days.- You can use your current driving license to evidence your name or address, but it cannot be used to evidence both. Separate documents are required to evidence your name and address.

Q: What if I am a sole trader applying under my trading name?

A: In addition to the name evidence, please also provide evidence of your business address in the form of a bank statement dated in the last 60 days.

Q: What if we are a business partnership or a Limited Company?

A: Each relevant partner or director must provide personal name and address evidence.

Q: How should I get this information to you?

A: You can send this information to us using email or send it by post to the following address:

First European Finance (Scotland) Ltd

Second Floor, 24 Henderson Street, Bridge Of Allan, FK9 4HP