General Terms and Conditions MC Rental

MC Rental – Hire Terms and Conditions

1. Definitions and interpretation

Commencement Date: the date specified in the Hire Agreement.
Conditions: these standard terms and conditions and any specific terms in the Hire Agreement.
Hire Agreement or agreement: the hire agreement to which these Conditions are incorporated.
Delivery: the transfer (including, but without limitation, by collection) of physical possession of the Vehicle to the Hirer.
Deposit: the deposit amount set out in the Hire Agreement.
Group Company: MCR, MC Truck & Bus Limited, MC Group Limited and any other company which is associated with MCR
Hirer: the person(s) and/or organisation(s) whose details appear in the Hire Agreement.
Initial Rental Payment: the initial rental payment specified in the Hire Agreement.
Net Book Value: the value of the Vehicle as written down (from time to time) within MCR's asset register
MCR: MC Rental Limited company number 02336572 whose registered office is at Beddow Way, Forstal Road, Aylesford, Maidstone ME20 7BT.
Rental Payments: the payments made by or on behalf of Hirer for the hire of the Vehicle as specified in the Hire Agreement.
Rental Period: the period of hire as set out in the Hire Agreement and (if applicable) any subsequent period beyond this during which the Hirer retains possession or custody of the Vehicle and/or has not delivered the Vehicle up to MCR in accordance with condition 6.1(y) below .
Vehicle: the vehicle specified in the Hire Agreement, including all substitutions, replacements or renewals of such vehicle and all related accessories, components and manuals.
Total Loss: where the Vehicle is, in MCR's reasonable opinion or the opinion of its or the Hirer’s insurer(s), damaged beyond repair, lost, stolen, seized or confiscated.

2. Vehicle hire and rental period

MCR shall hire the Vehicle to the Hirer subject to these Conditions which apply to the exclusion of any other terms which the Hirer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. The hire of the Vehicle starts on the Commencement Date and shall continue for the Rental Period unless terminated earlier in accordance with these Conditions.

3. Rental Payments and Deposit

3.1 On or before the Commencement Date, the Hirer shall pay to MCR the Initial Rental Payment and any Deposit. The Hirer shall pay to MCR the Rental Payments specified in accordance with the Hire Agreement. All payments shall be made by the Hirer by direct bank transfer to MCR’s nominated bank account. Time for payment shall be of the essence of this agreement.

3.2 The Rental Payments are exclusive of VAT and any other applicable taxes, duties, withholdings or similar charges which shall be payable by the Hirer at the rate and in the manner from time to time prescribed by law.

3.3 All payments to be made by the Hirer shall be made without withholding or set-off. Without prejudice to any other right or remedy it may have, MCR reserves the right to set off any amount owing at any time by any Group Company to the Hirer against any amount payable to MCR by the Hirer under this or any other agreement with the Hirer.

3.4 If the Hirer fails to pay any Rental Payments or any other sums payable by the due date for payment then, without limiting MCR's rights, the Hirer shall pay interest on such sums for the period from and including the due date of payment up to the actual date of payment, whether before or after judgment. The interest shall be paid at the rate of 5% per cent per annum above the base lending rate from time to time of The Bank of England.

3.5 MCR shall be entitled to charge to the credit or debit card specified in the Hire Agreement, or any such card used by the Hirer to pay the Initial Rental Payment or Deposit, all costs, charges, expenses and fees incurred in connection with any default of the Hirer (including, but without limitation, any fines, parking tickets or penalty charge notices or similar penalties) or in respect of any loss or damage to the Vehicle. MCR also reserve the right to charge a reasonable administration fee for providing copy invoices, statements, replacement contracts and similar documents.

3.6 The Deposit is a deposit against default by the Hirer of payment of any Rental Payments or any loss of or damage caused to the Vehicle or any other cost, expense or penalty the Vehicle is subject to, or which MCR suffers or incurs in relation to the Vehicle. The Hirer shall, on the Commencement Date pay the Deposit to MCR. If the Hirer fails to make any Rental Payments when due or causes any loss or damage to the Vehicle (in whole or in part), MCR shall be entitled to apply the Deposit against such default, loss or damage.

3.7 The amount of any increase in the operating costs of MCR due to inflation shall be reflected in the amount of the Rentals payable to MCR by the Hirer, which Rentals shall be increased accordingly. Each Hire Agreement shall be reviewed annually, with the revised Rentals taking effect on the anniversary of the commencement of the Hire Agreement. Such increase in the amount of the Rentals shall be based on the movement of RPI for category CZEA (Maintenance of Motor Vehicles “Index”) provided by the Office for National Statistics (Government Department). The revised Rentals shall be calculated by reference to the most recent published RPI data at the time of the Hire Agreement review. The percentage increase (if any) reflected in the Index movement shall be modified by a Rental inflation of 50% of the rental monthly charge unless otherwise specified in the schedule to the Hire Agreement. MCR will write to the Hirer to confirm the revised Rentals at the start of the 11th month following the commencement of the Hire Agreement, and annually thereafter. In the event that RPI for category CZEA should fall to below 0% at any point during the term of the Hire Agreement, the Rentals shall not be reduced between reviews, or at an annual review.

3.8 The Hirer shall be obliged to make Rental Payments for any additional (beyond the specified Rental Period) days in which the Vehicle has not been delivered up to MCR in accordance with condition 6.1(y) and/or where it has been used in the period before collection by MCR. In this instance the Hirer shall be solely responsible for all fines, costs and penalty charge notices imposed or raised in relation to the Vehicle and the Rental Period shall be deemed to be extended (and additional Rental Payments payable) to the date of the fine or penalty.

4. Delivery

4.1 The Hirer shall be responsible for arranging Delivery with MCR. MCR shall use reasonable endeavours to effect Delivery by the agreed date and time, but time shall not be of the essence and MCR shall not, subject to Condition 7, be liable for any delays in Delivery. Title and risk shall transfer in accordance with Condition 5.

4.2 The Hirer shall procure that a duly authorised representative of the Hirer shall be present at the Delivery of the Vehicle. Acceptance of Delivery by such representative shall constitute conclusive evidence that the Hirer has examined the Vehicle and has found it to be in good condition, complete and fit in every way for the purpose for which it is intended. If required by MCR, the Hirer's duly authorised representative shall sign a Certificate of Acceptance in MCR’s standard form.

4.3 Subject to the other conditions of the Hire Agreement, MCR shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of business, depletion of goodwill and similar loss) costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Vehicle, nor will any such delay entitle the Hirer to repudiate or rescind the Hire Agreement.

4.4 If the Hirer shall fail to take delivery of and pay for the Vehicle within 7 days of notification that the Vehicle has been completed for delivery, and/or if the Hirer shall cancel the order at any time prior to delivery then (without prejudice to MCR’s rights to recover all losses and expenses incurred from the Hirer) any Deposit shall be forfeited and the Hirer shall be liable for all costs, charges and/or expenses incurred by MCR, or on behalf of MCR, in relation to the fulfilment of the order including, but without limitation, all design costs, losses or expenses incurred in relation to the manufacture of the Vehicle and in this regard the Hirer shall indemnify, and hold indemnified, MCR in relation to any loss or expense it shall suffer directly or indirectly arising from the Hirer’s order.

5. Title, risk and insurance

5.1 The Hirer shall never own the Vehicle which shall at all times remain the property of MCR, and the Hirer shall have no right, title or interest in or to the Vehicle (save for the right to possession and use of the Vehicle, subject to these Conditions).

5.2 The risk of loss, theft, damage or destruction of the Vehicle shall pass to the Hirer on Delivery. The Vehicle shall remain at the sole risk of the Hirer during the Rental Period and any further term during which the Vehicle is in the possession, custody or control of the Hirer (Risk Period) until such time as the Vehicle is redelivered to and accepted by MCR. During the Rental Period and the Risk Period, the Hirer shall, at its own expense, obtain and maintain the following insurances (or (if applicable) ensure the same are obtained and maintained by the Hirer's customer):

(a) insurance of the Vehicle to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as required by law or nominated by MCR;

(b) insurance for such amounts as a prudent owner or operator of the Vehicle would insure for, or such amount as MCR may from time to time require, to cover any third party or public liability risks of whatever nature and however arising in connection with the Vehicle.

5.3 All insurance policies procured by the Hirer shall name MCR on the policies as a loss payee in relation to any claim relating to the Vehicle. The Hirer shall be responsible for paying and indemnifying MCR on demand in relation to any excesses or deductibles due on any claims payable under such insurance policies. The Hirer shall, on demand, supply to MCR copies of the relevant insurance certificates and policies and proof of premium payment.

5.4 The Hirer shall give immediate written notice to MCR in the event of any loss, accident or damage to the Vehicle. The Hirer shall procure that the payment of any monies payable under any insurance policy are paid directly to MCR.

5.5 If the Hirer fails to effect or maintain any of the insurances required under these Conditions, MCR shall be entitled to effect and maintain the same, pay such premiums as may be necessary for that purpose and recover the same as a debt due from the Hirer. The Hirer shall indemnify MCR on demand in respect of all damage and loss to the Vehicle not recovered or recoverable under any insurance policy effected in respect of the Vehicle.

5.6 Where insurance is provided by MCR, The Hirer agrees that in the event of a vehicle theft whereby the keys have been made readily available to those committing the crime (or not made sufficiently secure), the Hirer shall remain liable for the continuing hire costs until a resolution is made by the insurers. In the event that the insurers will not cover the cost of a claim, the Hirer shall be held liable for the full replacement cost of the Vehicle.

6. Hirer's responsibilities

6.1 The Hirer shall during the term of this agreement:

(a) meet the cost of complying with any legal requirements relating to the Vehicle(s) imposed after the date of this agreement;

(b) ensure at its own expense that regular checks are made of all oils & fluids, including coolant levels, and that all such levels are correctly maintained using material approved by MCR;

(c) the cost of repairing or replacing windscreens or other glass, light lenses, bulbs and mirrors.

(d) unless otherwise specified herein supply all load retention and/or other equipment required in connection with the Vehicle(s), but with any change or modification to the Vehicle(s) being made only with MCR’s prior written consent.

(e) maintain the Vehicle in good and substantial repair (including but not limited to replacement of worn, damaged and lost parts) and service the Vehicle at required recommended intervals, or present it to MCR’s repairer as necessary at an agreed place and time (in both cases at repairers approved by MCR) and make good any damage to the Vehicle, in each case at the Hirer’s expense;

(f) maintain the correct air pressure in all tyres to prevent damage thereto and shall comply in all respects with all legal requirements, orders or regulations affecting the use or condition of such tyres and ensure that punctures and/or all damage is/are repaired at the Hirer’s own expense;

(g) ensure that the Vehicle(s) is/are kept in a clean and tidy condition and maintained in accordance with the service instructions provided by MCR on delivery of the Vehicle(s)

(h) keep MCR fully and immediately informed of all material matters or defects relating to the Vehicle and ensure that all repairs are carried out under MCR’s authority and promptly comply with MCR’s directions regarding emergency repairs to the Vehicle;

(i) maintain and return the Vehicle in the same condition as the Hirer took possession at the commencement of the Rental Period and clean the Vehicle(s) to preserve coachwork and upholstery;

(j) ensure that the Vehicle is kept and operated in a suitable, safe and legal manner, (including (if applicable) in accordance with ‘O’ Licence and DVSA requirements) and in accordance with all operating instructions;

(k) not exceed the annual mileage limit (AML) specified in the Hire Agreement. If the agreement is terminated before the end of Rental Period, the AML shall be pro-rated by reference to the number of days elapsed of the Rental Period to determine whether it has been exceeded. If the AML (or the pro-rated proportion) is exceeded, the Hirer shall pay the excess mileage charge specified in the Hire Agreement within 7 days of the date of MCR’s invoice;

(l) maintain operating and maintenance records of the Vehicle and make copies of such records readily available to MCR;

(m) be responsible for and meet the cost of any replacement vehicle while the Vehicle is being serviced or undergoing MOT inspection;

(n) make no alteration or repairs to the Vehicle, and shall not remove any existing component(s) from the Vehicle, without the prior written consent of MCR;

(o) permit MCR or its duly authorised representative to inspect the Vehicle at all reasonable times and to enter any premises at which the Vehicle may be located;

(p) not part with control of (except for the purposes of repair or maintenance), sell or offer for sale, (not without MCR's prior written consent) underlet or lend the Vehicle nor allow the creation of any mortgage, charge, lien or other security interest in respect of it;

(q) Promptly inform MCR if the vehicle is off the road (VOR) for any reason, including but not limited to delays in parts supply, workshop repair capacity and damage making the vehicle undrivable. Any credit due for loss of use as specified in the Hire Agreement will only be made from the date MCR are informed the vehicle was VOR.

(r) not suffer or permit the Vehicle to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Vehicle is so confiscated, seized or taken, the Hirer shall immediately notify MCR and the Hirer shall at its sole expense use its best endeavours to procure an immediate release of the Vehicle;

(s) not use the Vehicle for any unlawful or uninsured purpose nor do or permit to be done anything which could invalidate the insurances referred to in Condition 5;

(t) at all times during the Rental Period maintain insurance on the Vehicle as if the Hirer were its owner to comply with the Continuous Insurance Enforcement Scheme and add the Vehicle to the Hirer’s account on the Motor Insurers Database;

(u) not do nor permit to be done anything which could invalidate any warranty which may be in place for the Vehicle, or its associated equipment;

(v) not take or permit the Vehicle to be taken outside of the United Kingdom, unless European cover has been agreed with MCR and is specified in the Hire Agreement nor allow the Vehicle to be used by a driver who does not hold a valid UK driving licence or who is not permitted to drive under the terms of the insurance policy relating to the Vehicle;

(w) ensure that at all times the Vehicle remains identifiable as being MCR's and not remove or tamper with any indentifying marks, where fitted;

(x) be responsible for and pay all fines, penalties, tolls, fees and charges in respect of the Vehicle and to the extent that any of the same are unpaid, MCR may pay and recover the same from the Hirer as a debt on demand and apply an additional 15% handling fee plus an administration fee which the Hirer agrees to pay;

(y) deliver up the Vehicle (including all operating manuals, vehicle documents and test certificates) at the end of the Rental Period or on earlier termination of this agreement (free from fault, defect and damage and with not less than 50% of the original tyre tread depth) to such address as MCR requires, or if necessary allow MCR or its representatives access to any site or any premises where the Vehicle is located for the purpose of removing the Vehicle. Rental Payments shall continue to be payable until delivery of the Vehicle.

(z) not allow the Vehicle to be used for carrying passengers for hire or reward without MCR’s previous written consent;

(aa) provide MCR with the Vehicle mileage upon request.

6.2 The Hirer undertakes to indemnify MCR on demand from and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any breach or failure by the Hirer to comply with any of its obligations under these Conditions.

6.3 The Hirer will be solely responsible for, and agrees to indemnify MCR and each Group Company on a full indemnity basis at all times from and against: (a) loss, theft, destruction of or damage to the Vehicle from whatever cause arising and (b) all actions, claims, demands, proceedings (civil and criminal), penalties, fines losses, damages, costs and expenses of
whatsoever nature which may be brought against MCR or which MCR may suffer, incur or sustain in connection with the purchase, hiring, recovery and sale of the Vehicle except for injury or death caused by MCR’s negligence.

7. Liability

7.1 Without prejudice to Condition 7.2, MCR's maximum aggregate liability for breach of this agreement (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the aggregate of the Rental Payments paid by the Hirer in respect of the Vehicle in the 12 months immediately preceding the date of the event giving rise to MCR’s liability.

7.2 Nothing in this agreement shall exclude or in any way limit:

(a) MCR's liability for death or personal injury caused by its own negligence;

(b) MCR's liability for fraud or fraudulent misrepresentation; or

(c) the terms implied by section 8 of the Supply of Goods (Implied Terms) Act 1973 or any other liability which cannot be excluded by law.

7.3 This agreement sets forth the full extent of MCR's obligations and liabilities in respect of the Vehicle and its hiring to the Hirer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on MCR except as specifically stated in this agreement. Any condition, warranty or other term concerning the Vehicle which might otherwise be implied into or incorporated within this agreement, whether by statute, common law or otherwise, is expressly excluded.

7.4 Without prejudice to Condition 7.2, MCR shall not be liable under this agreement for any, loss of profit, loss of revenue, loss of business or indirect or consequential loss or damage, in each case, however caused, even if foreseeable.

8. Total loss

If a Total Loss occurs in relation to the Vehicle then:

(a) subject to Condition 8(b), this agreement shall immediately terminate and Condition 9.2 shall apply;

(b) the Hirer shall on demand, and in any event within 7 days of the relevant insurance settlement pay to MCR as agreed compensation for loss, a sum equal to the whole of the Rental Payments that would (but for the termination) have been payable if the agreement had continued from the date such Total Loss is declared or determined by MCR or the Hirer’s insurer to the end of the Rental Period, less a discount for accelerated payment as specified in Condition 9.3. For the purposes of this Condition 8(b), the Rental Period shall be deemed to be extended with Rental Payments payable until such time as MCR receives full settlement funds from the relevant insurer;

(c) any insurance monies received by MCR pursuant to Condition 5.3 following a Total Loss shall be a matter between MCR and the Hirer’s insurance company directly, and the Hirer shall have no right to any payment in connection with this.

9. Termination

9.1 MCR may, without prejudice to any other right or remedy which may be available to it, terminate the Hire Agreement immediately if:

(a) the Hirer defaults or fails to perform any of its obligations under the Hire Agreement or commits a material breach (which shall include any breach of Condition 6.1) of it or if the Vehicle is misused or used inappropriately during the period of hire;

(b) the Hirer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986; or

(c) the Hirer suspends, terminates, or otherwise cancels its Direct Debit mandate with MCR.

(d) the Hirer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;

or

(e) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up (or bankruptcy) of the Hirer; or

(f) a creditor or encumbrancer of the Hirer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Hirer's assets; or

(g) the Vehicle is seized or impounded by any competent authority (including but not limited to
DVSA, HMRC, government agencies or the police); or

(h) there is a change in ownership or control of the Hirer.

9.2 Upon termination of the Hire Agreement, however caused:

(a) the Hirer's right to possession of the Vehicle shall terminate and MCR may (whether itself or by instructing a specialist, whose charges the Hirer shall be obliged to meet) without notice and at the Hirer's expense, retake possession of the Vehicle and enter any site or premises at which the Vehicle is located; and

(b) without prejudice to any other rights or remedies of the Hirer, the Hirer shall pay to MCR on demand all Rental Payments and other sums due but unpaid at the date of such demand (including, but without limitation, payment for any excess mileage where the AML has been exceeded during the Rental Period) together with any interest accrued and any costs and expenses incurred by MCR in recovering the Vehicle and/or in collecting any sums due under the Hire Agreement.

9.3 Upon termination of the Hire Agreement pursuant to Condition 9.1, or any other repudiation of the Hire Agreement by the Hirer which is accepted by MCR, the Hirer shall pay to MCR on demand, in addition to any sums payable pursuant to Condition 9.2, as agreed compensation for MCR's loss, a sum equal to the whole of the Rental Payments that would (but for the termination) have been payable if the agreement had continued from the date of such demand to the end of the Rental Period, plus a sum equivalent to the shortfall between the Net Book Value and the Vehicle’s trade market value (by reference to CAP) as reasonably determined by MCR, such sum discounted by 50% for accelerated receipt of payment by MCR. Such compensation may be partially or wholly recovered by MCR from the Deposit or pursuant to Condition 3.5.

9.4 Termination of this agreement shall be without prejudice to the rights and obligations of the parties accrued up to the date of termination.

10. Miscellaneous

10.1 The Hirer acknowledges and agrees that details of its (and those of its officers or partners) name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of MCR.

10.2 For the purposes of this agreement, Force Majeure Event means an event beyond the reasonable control of MCR including but not limited to industrial disputes (whether involving the workforce of MCR or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of vehicle, plant or machinery, fire, flood, storm or default of suppliers or subcontractors. MCR shall not be liable to the Hirer as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event. If the Force Majeure Event prevents MCR from performing this agreement for more than 4 weeks, MCR shall, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to the Hirer.

10.3 Notwithstanding any sum for Motor Vehicle Tax specified in the Hire Agreement (or elsewhere), the sum payable by the Hirer in respect thereof shall be such sum as MCR has legally had to pay or becomes legally bound to pay for the same in relation to the Vehicle and payment of the same by the Hirer shall be due on the date of MCR’s invoice

10.4 If after the date of the quotation, and before Delivery the manufacturers or concessionaire's recommended price for the Vehicle(s) shall be altered, MCR shall give notice of such alteration to the Hirer and (a) in the event of said price being increased, the amount of such increase which MCR intends to pass on to the Hirer shall be notified to the Hirer. The Hirer shall have the right to cancel the Hire Agreement within 7 days of the date of such notice by giving to MCR written notice to that effect. If the Hirer does not give such written notice the increase in price shall be added to and become part of the Rental Payments payable by the Hirer; (b) in the event of the price being reduced the amount of such reduction, if any, which MCR intends to allow to pass to the Hirer shall be notified to the Hirer. If the amount allowed is not the same as the reduction in the recommended price, the Hirer shall have the right to cancel the Hire Agreement within 7 days of the date of such notice by giving written notice to MCR to that effect. If the Hirer does not give such written notice as aforesaid the Hire Agreement will proceed at MCR's reduced price.

10.5 In the event of the manufacturer of the Vehicle ceasing to make vehicles of that type, MCR may (whether the estimated delivery date has been provided or not) by notice in writing to the Hirer cancel the Hire Agreement.

10.6 If the Hire Agreement is cancelled under conditions 10.4 or 10.5 the Deposit shall be returned to the Hirer and MCR shall have no further liability to the Hirer or any other party under the Hire Agreement.

10.7 These Conditions may only be amended or varied in writing signed by a Director of MCR.

10.8 MCR may at any time assign, transfer, charge, mortgage, sub-contract or deal in any other manner with all or any of its rights under this agreement and may sub-contract or delegate in any manner any or all of its obligations under this agreement to any third party. The Hirer shall not assign any or all of the Hirer’s rights under this agreement without the prior written consent of MCR.

10.9 The Hirer acknowledges that, in entering into this agreement the Hirer has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently), other than for breach of contract. Nothing in these Conditions shall limit or exclude any liability for fraud.

10.10 No drawings, descriptive matter, weights, dimensions or shipping specification issued by the manufacturer or MCR nor the descriptions and illustrations contained in any catalogues, price lists and any other advertising material shall be deemed to form part of this agreement nor be regarded as a warranty or representation relating to the Vehicle.

10.11 In the event of an alteration of the design, specification, construction and or equipment of the Vehicle by the manufacturer, MCR reserves the right without previous notice to supply the Vehicle (which is the subject of the order) with or without such alteration.

10.12 The Hirer warrants to MCR that the Hirer’s specification (if applicable) does not infringe and will not infringe any patent, registered design, copyright, design rights or other intellectual property rights and the Hirer hereby agrees to indemnify MCR on demand against any liability it may incur by reason of or in connection with any such infringement. MCR shall have the right to retain any drawings, specification or other documents supplied by the Hirer to MCR.

10.13 The validity, construction and performance of the Contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the parties submit.

11. Data Protection

By entering into this Agreement the Hirer agrees that MCR can process and store the Hirer's personal information in connection with this agreement. MCR may use the Hirer’s information to analyse statistics, for market research, credit control and to protect any Group Company’s assets. The Hirer agrees that if the Hirer shall breach the terms of this agreement MCR may pass such personal information to credit-reference agencies, debt collectors, the police or any other relevant organisation. MCR can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), which can share such personal information with its members to prevent crime and protect its assets, as permitted under the Data Protection Act 1998.