Terms & conditions

1 DEFINITIONS

• 1.1 "[Lessor's Full Legal Name]" refers to [First Automotive Limited], a registered company under Company Number [12312421], regulated by the Financial Conduct Authority (FCA) with a reference number of [953123], and having its registered address at [Suite G04, 1 Quality Court, Chancery Lane, London, England, WC2A 1HR].
• 1.2 "Hirer" refers to [Name of the Individual or Entity] identified in the lease agreement, duly entering into this agreement with the Lessor.
• 1.3 "Agreement" refers to this comprehensive Vehicle Lease Agreement, encompassing all incorporated terms, conditions, and schedules, binding both parties.
• 1.4 "Leased Vehicle" refers to the specific vehicle detailed in the lease agreement, including its make, model, year, VIN (Vehicle Identification Number), and other identifying characteristics, subject to the terms of this Agreement.
• 1.5 “Initial Rental” refers to the damage deposit held against the vehicle for the term time. Instructions for the refund process can be found in Section 11.

2 OUR VEHICLES

• 2.1 The Lessor offers a range of vehicle types and models for lease, subject to the terms and conditions specified in the above confirmation statement.
• 2.2 Vehicle Availability: Availability of specific vehicle models is contingent on current inventory, and any variations will be communicated to the Hirer.
• 2.3 Vehicle Specifications: The detailed specifications of each leased vehicle, including make, model, year, VIN, and mileage at the time of leasing, will be outlined in the lease agreement.

3. USE OF OUR SITE/SOCIAL MEDIA (firstautomotive.co.uk)

• 3.1 Website Terms of Use: Access to and utilization of our website, [firstautomotive.co.uk], is subject to compliance with our comprehensive Terms of Use, governing the Hirer's use of our digital platform.
• 3.2 Privacy Policy: We maintain a Privacy Policy that explicitly articulates how we collect, process, store, and safeguard your personal information. It is imperative that the Hirer reviews and acknowledges our Privacy Policy as a precondition to engaging with our services.
• 3.3 Social Media Guidelines: Engagement with [First Automotive] on various social media platforms is encouraged; however, the Hirer must adhere to our guidelines for respectful, legal, and constructive communication. Any non-compliance may result in the removal of content or blocking from our social media channels.
• 3.4 Social Media Content Rights: The content shared by [First Automotive] on its official social media channels, including but not limited to text, images, videos, and graphics, is the exclusive intellectual property of [First Automotive Limited], protected by copyright laws. Any unauthorized reproduction or distribution of this content is strictly prohibited.

4. IF YOU ARE A CONSUMER

• 4.1 Consumer Rights: If the Hirer is an individual leasing a vehicle for personal use, certain consumer rights and protections are conferred upon them by relevant consumer protection laws. These include statutory rights related to goods and services.
• 4.2 Consumer Guarantees: [First Automotive Limited] ensures that any goods or services provided under this Agreement align with consumer guarantees, as outlined in applicable consumer protection laws.
• 4.3 Right of Cancellation: As a consumer, you may have the right to cancel the lease agreement within a specific time frame, in accordance with the cooling-off period stipulated by relevant consumer protection laws (14 working days).
• 4.4 Notification of Rights: It is our responsibility to inform the Hirer of their consumer rights under this Agreement, providing access to additional information as necessary.

5. IF YOU ARE A BUSINESS CUSTOMER

• 5.1 Business Lease Terms: If the Hirer is a business entity, different terms and obligations may apply, distinct from those granted to consumers. Such terms may encompass commercial contract laws and may not include certain consumer protections.
• 5.2 Commercial Contract: In business-to-business transactions, the Agreement shall be interpreted and executed in accordance with the principles of commercial law, where applicable.
• 5.3 Custom Solutions: We offer tailored solutions to business customers to meet their specific fleet requirements, considering factors such as vehicle type, quantity, and maintenance needs.
• 5.4 Business-Specific Terms: The Agreement for business customers may include provisions pertaining to fleet management, fleet size, billing, and extended services, as mutually agreed upon in separate business lease agreements.

6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

• 6.1 Offer Acceptance: This Agreement is formed when the Lessor accepts an offer made by the Hirer, typically by both parties signing the Agreement and providing written confirmation.
• 6.2 Written Confirmation: Following the acceptance of the offer, the Lessor will provide written confirmation, including details of the lease agreement, payment terms, and obligations, for the Hirer's records.
• 6.3 Binding Agreement: The Agreement is legally binding upon both parties upon the issuance of the written confirmation by the Lessor, signifying mutual acceptance of the contractual terms.

7. YOUR OBLIGATIONS

• 7.1 Maintenance and Care: The Hirer agrees to assume responsibility for the ongoing maintenance and proper care of the leased vehicle during the lease term, adhering to the manufacturer's recommendations for service and upkeep. This encompasses regular oil changes, tire rotations, brake inspections, and other routine maintenance services.
• 7.2 Vehicle Safety: The Hirer is responsible for ensuring the security and safety of the leased vehicle at all times. This includes the use of approved security measures, such as steering wheel locks or alarm systems, to prevent theft or unauthorized access.
• 7.3 Damage Reporting: In the event of any damage beyond normal wear and tear, accidents, theft, or mechanical issues impacting the leased vehicle, the Hirer is obligated to promptly notify the Lessor, initiating the necessary steps for repair or resolution.
• 7.4 Routine Inspections: The Hirer is required to cooperate with and grant access to the Lessor or its designated representatives for periodic inspections of the leased vehicle, ensuring compliance with agreed maintenance standards and identifying any damage or wear and tear.
• 7.5 Insurance Obligation: The Hirer must maintain valid and comprehensive insurance coverage on the leased vehicle for the entire lease term, adhering to the terms and conditions specified in the insurance section (Section 35) of this Agreement.
• 7.6 Security of Personal Belongings: The Hirer acknowledges and accepts that personal belongings are the sole responsibility of the Hirer, and [First Automotive Limited] shall not be held accountable for any damage, loss, or theft of personal items left in the leased vehicle.
• 7.7 Use Restrictions: The Hirer shall utilize the leased vehicle in a responsible and lawful manner, refraining from any activities that may compromise the safety, integrity, or condition of the vehicle. This includes refraining from any illegal or prohibited use of the vehicle, such as racing or off-roading activities.

8. SOFT CREDIT CHECK

• 8.1 Credit Assessment: The Lessor reserves the right to conduct a soft credit check on the Hirer as part of the lease application process.
• 8.2 Purpose of Credit Check: The primary objective of the credit check is to evaluate the Hirer's creditworthiness and financial stability, enabling the Lessor to assess the suitability of the applicant for the lease agreement.
• 8.3 Consent: The Hirer acknowledges that by applying for a vehicle lease, they provide explicit consent for the Lessor to perform a soft credit check.

9 OUR RIGHT TO VARY THESE TERMS

• 9.1 Amendment Notification: The Lessor reserves the right to make changes to these terms and conditions, with due notice to the Hirer.
• 9.2 Notification Method: Any changes to the terms and conditions will be communicated to the Hirer in writing or electronically, typically by email or postal mail.
• 9.3 Effect of Amendments: Amendments to the terms will apply to lease agreements formed after the effective date of the changes. Existing lease agreements will remain governed by the terms in effect at the time of their formation.

10 DELIVERY (free nationwide delivery with partners A2Z Logistics)

• 10.1 Nationwide Delivery: The Lessor provides free nationwide delivery of leased vehicles, facilitated through partnerships with trusted logistics providers, such as A2Z Logistics.
• 10.2 Delivery Arrangements: The delivery of the vehicle will be arranged as per the terms stipulated in the lease agreement, specifying the agreed-upon location and timing for vehicle delivery.
• 10.3 Inspection at Delivery: Upon receipt of the leased vehicle, the Hirer and the Lessor's representative shall conduct a joint inspection to document the vehicle's condition. This inspection includes a review of the vehicle's exterior and interior, mileage, and the identification of any pre-existing damage or discrepancies.
• 10.4 Delivery Confirmation: The findings of the inspection will be documented and signed off by both parties, serving as a formal record of the vehicle's condition at the time of delivery.

11 RETURN OF THE VEHICLE AND DEPOSIT (Initial Rental will be refunded once contract is finished after damage inspection and mileage count, if over agreed limit it is 15p a mile)

• 11.1 Return Procedure: At the conclusion of the lease term, the Hirer is required to initiate the return process, following the guidelines set forth in the agreement.
• 11.2 Deposit Refund: After the vehicle is returned, a comprehensive inspection will be conducted to assess the vehicle's condition and mileage. The initial rental may be returned to the Hirer, as specified in this agreement after inspection with Fair Wear & Tear guidelines used to grade damage.
• 11.3 Excess Mileage Charges: In cases where the total mileage driven during the lease term exceeds the agreed limit, the Hirer will be subject to excess mileage charges. These charges will be calculated at a rate of 15 pence per mile, as clearly outlined in the lease agreement.
• 11.4 Damage Assessment: In the event of damage beyond normal wear and tear, the cost of repairing such damage will be deducted from the deposit, as per the terms outlined in the deposit agreement.
• 11.5 Initial Rental Return Timing: The Lessor will return the deposit to the Hirer, after any applicable deductions, within a specified time frame following the conclusion of the lease term. This period will be communicated to the Hirer in the deposit agreement.

12 PRICE OF VEHICLES AND CHARGES

• 12.1 Vehicle Pricing: The pricing of the leased vehicle is determined based on the terms specified in the lease agreement. The lease agreement will specify the agreed-upon pricing structure, which may include monthly payments, upfront fees, or any other relevant charges.
• 12.2 Additional Charges: Any additional charges, fees, or costs associated with the lease of the vehicle, such as delivery charges, service fees, or taxes, will be clearly outlined in the lease agreement.
• 12.3 Payment Schedule: The lease agreement will define the schedule and method of payments, including due dates and acceptable payment methods.
• 12.4 Adjustments: The Lessor reserves the right to adjust pricing or charges in accordance with the terms of the lease agreement, should such adjustments be required due to changes in circumstances or specific conditions stipulated in the lease agreement.

13 PAYMENTS

• 13.1 Payment Obligations: The Hirer is obligated to make all payments as specified in the lease agreement, adhering to the schedule and payment method defined therein.
• 13.2 Late Payments: Failure to make payments on the agreed-upon due dates may result in late payment penalties, additional charges, or the initiation of debt collection procedures, as specified in the lease agreement.
• 13.3 Payment Methods: Accepted methods of payment, including electronic transfers, bank drafts, credit cards, or any other approved payment methods, will be detailed in the payment agreement.
• 13.4 Invoice Receipt: The Hirer will receive regular invoices, statements, or receipts for payments made, which will serve as records of payment and will be considered official receipts for tax and accounting purposes.
• 13.5 Currency: Payments shall be made in the currency specified in the lease agreement, and any currency exchange costs or fluctuations will be borne by the Hirer.

14 OWNERSHIP

• 14.1 Vehicle Ownership: The Lessor retains ownership of the leased vehicle throughout the lease term. The Hirer acknowledges that they do not acquire any legal or equitable ownership rights to the vehicle during the lease period.
• 14.2 Title and Registration: The vehicle shall remain registered in the name of the Lessor, and the Hirer shall not engage in any activities that may compromise the Lessor's title or ownership rights.
• 14.3 No Alterations: The Hirer shall not make any alterations, modifications, or additions to the vehicle that may impact its title or legal status without prior written consent from the Lessor.
• 14.4 Return of Vehicle: At the conclusion of the lease term, the Hirer shall return the vehicle to the Lessor in the same condition as specified in the lease agreement, subject to normal wear and tear.

15 YOUR CONSUMER RIGHT OF CANCELLATION

• 15.1 Cooling-Off Period: If the Hirer is a consumer, they have the right to cancel this lease agreement within a specific period, typically referred to as the cooling-off period. The duration of this period will be specified in the lease agreement.
• 15.2 Cancellation Process: To exercise this right of cancellation, the Hirer must provide written notice of their intention to cancel the agreement within the stipulated cooling-off period. This notice must be sent to the Lessor through the designated contact method.
• 15.3 Effect of Cancellation: If the Hirer cancels the agreement within the cooling-off period, the Lessor will refund any payments received, subject to any applicable deductions as outlined in the lease agreement.

16 CANCELLATION RIGHT - BUSINESS

• 16.1 Cancellation Terms: If the Hirer is a business customer, the right of cancellation may not apply in the same manner as it does for consumers. Business customers are encouraged to refer to the specific terms outlined in their business lease agreement for details regarding cancellation, termination, and exit clauses.

17 YOUR LEGAL RIGHTS

• 17.1 Statutory Rights: This Agreement does not affect the legal rights of the Hirer under consumer protection laws, which are applicable to consumer transactions.
• 17.2 Contractual Rights: In addition to statutory rights, the Hirer also enjoys contractual rights and obligations as specified in this Agreement.

18 OUR RIGHTS TO CANCEL

• 18.1 Lessor's Cancellation Rights: The Lessor reserves the right to cancel this Agreement under specific circumstances outlined in the lease agreement. Grounds for cancellation may include, but are not limited to, non-payment of lease fees, breach of contractual obligations, or the occurrence of extraordinary events specified in the Agreement.
• 18.2 Cancellation Notification: In the event that the Lessor exercises its right to cancel this Agreement, the Lessor shall provide written notification to the Hirer specifying the grounds for cancellation, the effective date of the cancellation, and any pertinent details related to the cancellation process. The Lessor will make reasonable efforts to communicate this notification through the contact information provided by the Hirer in the lease agreement.

19 MANUFACTURER’S WARRANTY

• 19.1 Manufacturer's Warranty Coverage: The leased vehicle may be covered by the manufacturer's warranty, as specified in the lease agreement. The Lessor will ensure that the vehicle remains compliant with the terms and conditions of this warranty.
• 19.2 Warranty Claims: In the event of any warranty-related issues, the Lessor shall facilitate warranty claims with the manufacturer. The Hirer may be required to adhere to specific procedures, including notifying the Lessor of any warranty concerns.
• 19.3 Extended Warranty Options: Depending on the lease agreement, the Hirer may have the option to purchase extended warranties or additional warranty coverage. The terms and costs of such extended warranties will be outlined in a separate agreement.

20 OUR LIABILITY IF YOU ARE A BUSINESS

This clause 20 applies exclusively to business customers.

• 20.1 Our liability remains unrestricted in performing the Services, except for the following circumstances:
  • 20.1.1 Our liability for death or personal injury caused by our negligence is never limited or excluded.
  • 20.1.2 We cannot limit or exclude liability for fraud or fraudulent misrepresentation.
• 20.2 Financial Conduct Authority Membership (953123) Insolvency Protection
  • 20.2.1 Regardless of other provisions in this agreement, we acknowledge our responsibility for any loss, damage, or liability stemming directly from our insolvency. This acknowledgment remains in effect despite our membership with the Financial Conduct Authority (FCA) under registration number 953123.
• 20.3 Limitations on Liability

  Subject to clauses 20.1 and 20.2, our liability to you, whether based on contract, tort (including negligence), breach of statutory duty, or any other grounds related to the Services, is limited as follows:

  • 20.3.1 We are not liable for any loss of profits, sales, business, or revenue.
  • 20.3.2 We are not liable for any loss or corruption of data, information, or software.
  • 20.3.3 We are not liable for any loss of business opportunity.
  • 20.3.4 We are not liable for any loss of anticipated savings.
  • 20.3.5 We are not liable for any loss of goodwill.
  • 20.3.6 We are not liable for any indirect or consequential loss.

21 OUR LIABILITY IF YOU ARE A CONSUMER

• 21.1 Our responsibility arises if we fail to adhere to these Terms. In such cases, we are responsible for foreseeable loss or damage resulting from our breach of these Terms or our negligence during the Services.
• 21.2 Consumer Credit Act Insolvency Protection
  • 21.2.1 Notwithstanding other terms in this agreement, we acknowledge our liability for any loss, damage, or liability arising directly from our insolvency. This acknowledgment applies despite the protections provided by the Consumer Credit Act.
• 21.3 Limitations on Liability

  We exclude liability to you for specific types of loss or damage:

  • 21.3.1 We do not accept liability for any loss of profit.
  • 21.3.2 We do not accept liability for any loss of business.
  • 21.3.3 We do not accept liability for business interruption.
  • 21.3.4 We do not accept liability for any loss of business opportunity.
• 21.4 AXA Business Liability Insurance Insolvency Protection
  • 21.4.1 Irrespective of other terms in this agreement, we acknowledge our liability for any loss, damage, or liability resulting directly from our insolvency, even with coverage under AXA Business Liability Insurance.
  • 21.4.2 We maintain liability for fraud or fraudulent misrepresentation.

22 EVENTS OUTSIDE OUR CONTROL

• 22.1 Force Majeure: Neither party shall be held liable for any failure or delay in performance under this Agreement due to events beyond their reasonable control. Such events may include, but are not limited to, natural disasters, acts of terrorism, strikes, governmental actions, and other force majeure events.
• 22.2 Mitigation Efforts: In the event of a force majeure event, the affected party shall take reasonable steps to mitigate the impact of the event and promptly notify the other party of the circumstances and any necessary adjustments to the Agreement.

23 INFORMATION ABOUT US AND HOW TO CONTACT US

• 23.1 Lessor's Identity: The Lessor's identity, including its legal name, company registration details, regulatory information, and registered address, is provided at the beginning of this Agreement in the "DEFINITIONS" section.
• 23.2 Contact Information: Contact details for the Lessor, including telephone numbers, email addresses, and physical addresses, are typically specified in the lease agreement and may also be available on the Lessor's official website.
• 23.3 Communication: The Hirer may contact the Lessor for any inquiries, notifications, or requests related to the Agreement through the provided contact information. Communication may be in writing, by email, or other agreed-upon methods.

24 HOW WE MAY USE YOUR PERSONAL INFORMATION

• 24.1 Data Usage: The Lessor will collect and use personal information in accordance with applicable data protection laws. The collection and usage of personal data will be governed by the Lessor's Privacy Policy, which is provided to the Hirer for their review and acceptance.
• 24.2 Consent: By entering into this Agreement, the Hirer consents to the collection, processing, and use of personal information in accordance with the Privacy Policy and any specific consents provided as part of the lease application process.

25 ASSIGNMENT AND OTHER DEALINGS

• 25.1 Assignment Restrictions: The Hirer shall not assign, transfer, or delegate their rights and obligations under this Agreement without the prior written consent of the Lessor.
• 25.2 Lessor's Right to Assignment: The Lessor reserves the right to assign, transfer, or delegate their rights, obligations, or interests under this Agreement to any third party, without requiring the consent of the Hirer.

26 THIRD PARTY RIGHTS

• 26.1 Third-Party Beneficiaries: Unless explicitly stated in the Agreement, no third party shall have any rights or remedies under this Agreement. This Agreement is intended solely for the benefit of the Lessor and the Hirer and is not intended to confer any rights upon any third parties.

27 SEVERANCE

• 27.1 Severability Clause: If any provision of this Agreement is deemed unlawful or unenforceable by a court of competent jurisdiction, it shall be severed from the Agreement, and the remaining provisions shall remain in full force and effect.
• 27.2 Enforceable Provisions: The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remainder of this Agreement, which shall be enforced to the fullest extent permitted by law.

28 WAIVER

• 28.1 Waiver of Rights: The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.
• 28.2 Written Waivers: Any waivers of rights or provisions under this Agreement must be made in writing to be valid and enforceable.

29 DISPUTE RESOLUTION

• 29.1 Dispute Resolution Process: Any disputes or disagreements arising from this Agreement shall be resolved in accordance with the dispute resolution procedures specified in the Agreement or in accordance with applicable laws and regulations.
• 29.2 Mediation and Arbitration: The parties may agree to resolve disputes through mediation or arbitration, as specified in the Agreement, or may pursue legal remedies through the appropriate judicial process.

30 JURISDICTION AND GOVERNING LAW

• 30.1 Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of [Specify Jurisdiction], excluding any conflicts of law principles.
• 30.2 Jurisdiction: Any disputes or legal actions arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in [Specify Jurisdiction], unless otherwise agreed upon in the Agreement.

31 PRODUCT DESCRIPTION

• 31.1 Product Information: The product description, including make, model, year, and any additional specifications of the leased vehicle, is detailed in the lease agreement. The description encompasses key features, technical details, and any applicable manufacturer-specific information.

32 COMPLAINTS

• 32.1 Complaints Procedure: In the event of a complaint or concern related to the leased vehicle or the terms of this Agreement, the Hirer should refer to the complaints procedure outlined in the lease agreement. This procedure typically specifies the steps for lodging a complaint and the expected resolution timeline.

33 CONSUMER RIGHTS

• 33.1 Consumer Rights Notice: If the Hirer is a consumer, specific consumer rights, including but not limited to those related to cancellation, warranties, and statutory protections, may apply as defined by applicable consumer protection laws. These rights are not altered by the Agreement and will be upheld as legally required.

34 ENTIRE AGREEMENT

• 34.1 Entire Agreement Clause: This Agreement, along with any incorporated schedules, forms the entire agreement between the parties, superseding all prior or contemporaneous communications, understandings, and agreements between the parties regarding the subject matter herein.

35 INSURANCE

• 35.1 Insurance Obligation: The Hirer is obligated to maintain valid and comprehensive insurance coverage on the leased vehicle throughout the lease term. The insurance coverage must comply with the terms specified in the lease agreement, including coverage limits, insurers, and other relevant details.

36 GOVERNING LAW AND JURISDICTION

• 36.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of [Specify Jurisdiction], without regard to any conflicts of law principles.
• 36.2 Jurisdiction: Any disputes or legal actions arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in the jurisdiction of [Specify Jurisdiction], unless otherwise mutually agreed upon by the parties.

37 MISCELLANEOUS

• 37.1 Miscellaneous Provisions: This section may include additional, miscellaneous terms, conditions, and provisions relevant to the Agreement. The contents of this section may vary according to the specific terms agreed upon by the parties and will be outlined in the Agreement.