Terms & Conditions

1. Hiring

We are hiring and you are taking on hire the mobility equipment together with any accessories described in the Rental Agreement ('the Equipment') for the Hire Period shown in the Rental Agreement and upon the Terms and Conditions set out in this agreement. Where there are two or more of you, each of you is separately responsible for performing both your own obligations and those of your co-signatories under this agreement.

You should read these Terms and Conditions carefully and contact us if you have any queries. You will have a short time to cancel this agreement but after that you will be bound by it unless we are in breach of it, as explained in sections 7.3, 7.4 and 13.

You shall pay to us without previous demand by recurring payment of the Rental payments specified in your agreement punctually at the times and in the way specified; time is of the essence for all rental payments due under this agreement.

2. Contact Details and Communications

You can contact us by telephoning us at 01732 444117, by email at welcome@excelmobilityrentals.co.uk, or by post at The Old Dairy, Scords Farm, Toys Hill, Westerham, Kent TN16 1QE.

We will contact you by telephone, email or postal address you have provided to us. You must tell us as soon as possible before you change your contact details. Where you have provided an email address, you confirm it is appropriate to send notices or communications to you by email. In this agreement "writing" includes email where you have agreed to communicate in this way.

3. Hire Period

You shall hire the Equipment for the Hire Period set out in your agreement unless we end the agreement early in accordance with these Terms and Conditions or you cancel the agreement in accordance with its terms.

You have a right to end this agreement on one month's notice after the agreement has run for 18 months (including the period of notice).

At the end of the Hire Period you shall return the Equipment to us. We will contact you to arrange this and you are not obliged to send it back to us unless we ask for this.

4. Delivery

We shall not be obliged to deliver the Equipment until after your right to cancel this agreement has expired without being exercised. We may agree to do so if you specifically request it.

5. Your Obligations in Respect of the Equipment

5.1 Ensure the Equipment meets your specific needs. While we have a legal duty to ensure the Equipment is fit for its purpose, only you know the details of your circumstances and the precise use to which the Equipment is to be put. You should ensure that it meets your specific needs.

5.2 Keep the Equipment in good order. You will be responsible for paying for any damage to the Equipment not covered by the insurance policy referred to in section 6, if this results from your breach of this agreement or negligence. This includes significant cosmetic defects resulting from your misuse of the Equipment but does not include fair wear and tear. You should be familiar with the Owner's Manual supplied with the Equipment.

5.3 Store the Equipment in an appropriate place. You shall store the Equipment in a dry, secure location at the address you have notified to us and ensure that any security devices are active when not in use. You must inform us if you are to keep the Equipment at any place other than your registered address.

5.4 Batteries and tyres. You shall charge the Equipment at least twice per week for at least 5 hours on each occasion. If you do not do this, the battery may fail and you will be responsible for paying for the replacement battery. You shall keep the tyres inflated to the correct pressure specified in the Owner's Manual (solid tyres do not require inflation). If you do not do this and the tyres become unusable or suffer damage as a result, you will be responsible for paying for replacement tyres.

5.5 Conditions of use. The Equipment is designed only for use on made-up roads and in normal weather conditions. It should not be used on rough terrain or in extreme weather conditions — you will be responsible for any damage resulting from use in such conditions.

5.6 Use the Equipment lawfully and responsibly. You shall drive and park the Equipment responsibly and in accordance with any applicable laws. You shall be responsible for any fixed penalty or other road traffic penalties incurred when using the Equipment.

5.7 Inspection. You must permit our representative access to the place where the Equipment is stored at all reasonable times for the purpose of inspecting, repairing or removing the Equipment.

5.8 Loss or damage. You are responsible for any loss of or damage to the Equipment whilst in your possession arising from your breach of this agreement or negligence. You must not use the Equipment after any significant damage and must notify us immediately of any loss or damage.

6. Accidents and Insurance

We shall insure the Equipment including for third party liability, damage and theft and, to a very limited extent, personal injury to the user where within 3 months of the accident the injury is the sole cause of death, loss of one or more limbs, or permanent blindness in one or both eyes (maximum benefit payable £3,000). This shall be included in your Rental payments.

We shall also arrange breakdown cover in respect of the Equipment. Details and contact numbers will be provided with the Equipment.

If there is loss or damage to the Equipment (including as a result of theft) you agree to fill in the insurer's incident report or assist us in doing so. If there is an accident using or involving the Equipment (whether or not it is your fault) you agree to: get the names and addresses of any parties involved including witnesses; make sure the Equipment is secure; and inform the Police if any person is injured or there is a disagreement as to facts.

7. Our Obligations

We shall make arrangements for delivery of the Equipment to you at a convenient time and shall deliver promptly and in any event within 30 days of your agreeing to hire it.

Our legal obligations include ensuring that the Equipment is of satisfactory quality, that it is fit for any particular purpose you have told us about, and that it complies with its description. These obligations apply in accordance with the Consumer Credit Act 1974 and applicable FCA Rules.

Nothing in this agreement excludes or restricts any legal rights where the law or FCA Rules does not allow us to do so. This includes your rights to: reject the Equipment within 30 days of delivery where we have breached our quality obligations; require repair or replacement of the Equipment; or, where repair or replacement fails, reject the Equipment and receive a proportional refund. In such cases we will arrange collection at no cost to you.

Subject to the above, so long as you observe the Terms and Conditions of this agreement, we shall maintain the Equipment in good repair and working condition. We shall be at liberty to remove the Equipment for repair or maintenance and shall use reasonable efforts to ensure any work is done promptly. If the period during which you are without the Equipment exceeds three working days and we have not provided a temporary replacement, we will make a pro rata deduction from the Rental payments.

8. Prohibition Against Sale

You agree to hire the Equipment, not to buy it. It will not become yours. You agree not to sell, underlet or dispose of the Equipment, nor allow it to be seized in satisfaction of your debts or for any other legal process.

9. Our Liability

Nothing in this agreement excludes or restricts any liability we may have for death or personal injury. Subject to this, we will only be liable for reasonably foreseeable losses, costs and expenses which result from our breach of these Terms and Conditions or our negligence. We accept no responsibility for consequential loss or damage unless it is a reasonably foreseeable result of our breach or negligence.

10. Breach of This Agreement by You

We may terminate this agreement by giving you written notice in any of the following circumstances: you fail to make any Rental payment when due; you commit any other breach of this agreement; you deliberately or negligently provide us with incorrect or false information; or a petition for a bankruptcy order is presented in respect of you.

11. Death of Hirer

Under section 86 of the Consumer Credit Act 1974, we may not on your death either terminate this agreement or take possession of the Equipment without a court order. If a Hirer dies and their personal representatives contact us to return the Equipment voluntarily, we will arrange prompt collection and make no further Rental charges.

12. Ending This Agreement Without Breach

We may, after written notice to you, terminate this agreement if: you have made any false statement which we reasonably regard as material; you move or propose to move to an address outside our service area; or we reasonably decide that the Equipment can no longer be efficiently serviced or maintained. We may also end this agreement if we reasonably believe that your continued use of the Equipment poses a safety risk to yourself or others.

13. When You Can Cancel or End the Agreement

You have the right to cancel this agreement within 14 days beginning with the day after we have both signed the agreement and a copy has been sent to you. If the Equipment has been delivered before the end of the cancellation period at your specific request, you must pay us a reasonable amount for use of the goods in that period.

You can also end the agreement and reject the Equipment in the circumstances set out in section 7 of these Terms and Conditions. You may end the agreement without further charges at any time if you can show that because of a deterioration in your health you can no longer safely operate the Equipment (reasonable confirmation may be required).

You may end this agreement by one month's written notice expiring at any time after the minimum period of hire has expired, or by written counter-notice if we give you notice during the minimum period of any increase in Rental payments other than caused by an increase in the rate of VAT.

We may in our discretion agree to your ending this agreement in other exceptional circumstances but are not obliged to do so. If we do, we will require: (i) a Rental payment of one month in lieu of notice; and (ii) a further payment of up to 50% of the Rental payments due for the remaining part of the minimum period, subject to our attempting to mitigate this by finding another hirer for the Equipment.

14. Return of Equipment

Upon ending this agreement you will surrender the Equipment to us in good condition (fair wear and tear excepted) and pay us all amounts due but unpaid up to the date of termination, subject to your legal rights summarised in section 7.

15. Transfer and Assignment

We shall be entitled at any time to transfer or assign the benefit of this agreement provided that this does not detrimentally affect your rights under it. You may not transfer your rights or obligations under this agreement.

16. Joint Hirers

Where you are more than one person, each of you is separately responsible for performance of this agreement as set out in section 1.

17. Complaints and Regulatory Details

We are authorised and regulated by the Financial Conduct Authority under number 731099.

If you have a complaint, please contact us at: Operations Manager, The Old Dairy, Scords Farm, Toys Hill, Westerham, Kent TN16 1QE — 01732 444117 — welcome@excelmobilityrentals.co.uk.

If we are unable to resolve your complaint, you may refer it to the Financial Ombudsman Service: Exchange Tower, London E14 9SR — www.financial-ombudsman.org.uk. Our VAT number is 123 5333 47.

18. Applicable Law, Courts and Language

This agreement is governed by English law and you or we can bring legal proceedings concerning this agreement in the English courts. If you live in Scotland, proceedings may be brought in either the Scottish or English courts. If you live in Northern Ireland, proceedings may be brought in either the Northern Irish or English courts. All information and communications relating to the agreement will be in English.

19. Data Protection

Before entering into this agreement we may search your records at credit reference agencies. Details about you and your payment record will be used to help make credit and insurance-related decisions. You have a legal right to a copy of any information held about you. We may give information about you and your payment record to credit reference agencies, debt collecting agents, and any proposed assignee or transferee of this agreement. For full details of how we use your personal data, please refer to our Privacy Policy.

20. Changes to This Agreement

We may make changes to this agreement by notice to you in accordance with any applicable law: to reflect changes in relevant laws and regulatory requirements; to implement minor technical adjustments; where we reasonably consider the change would make the terms easier to understand or fairer to you; or where necessary for safety reasons. We may also change the charges payable by giving you notice but shall not do so during the Hire Period except on account of any change in the rate of VAT or for any reason outside our control.