Self-Drive Vehicle Rental

Terms & Conditions

 

 

Car Rental Terms & Conditions

 

1. Definitions

a. Additional Driver: Any driver other than the rentee, authorised by us on request from the rentee to drive the Vehicle in accordance with these Conditions. Liability for the Rental remains with the rentee.

b. Booking: A confirmed Reservation for which payment has been made and all Required Documents have been received.

c. Business Customer: A business, firm, partnership, company, non-governmental organisation (NGO), charity, or other corporate entity that has a corporate hire agreement.

d. Business Hours: The hours during which the location to which the Vehicle is to be returned is open, and each opening hour shall be a Business Hour.

e. Conditions: These terms and conditions as amended from time to time in accordance with clause 2.i.

f. Contract: As prescribed in clause 2.a.

g. Pre-Rental Inspection: This document discloses any damages or faults on the Vehicle detected prior to the commencement of the Rental Agreement. This check is available on request and forms part of the Rental Agreement, including the checkout inspection carried out at the time of collection.

h. Valid Driving Licence:

i. Falkland Islands or UK residents with a Falkland Islands/UK driving licence: a full valid driving licence for the entire Rental Period; or

ii. Falkland Islands or UK residents with a non-Falkland Islands/UK driving licence, and non-Falkland Islands/UK residents: a full valid driving licence for the entire Rental Period, and a passport (with no visa restrictions for 6 months before the end of the Rental Period) or a government-issued ID card valid for at least 3 months beyond the end of the Rental Period; and

iii. Driving licences printed in a non-roman alphabet (e.g., Arabic, Japanese, Cyrillic) must be accompanied by a valid International Driving Permit (IDP). Non-EU licences are legally valid in the Falkland Islands for the first 12 months from the date of first entry, verified via passport immigration stamps.

i. Delivery and Pick-up Service: (replaced by Remote Collection and Return Service – see below)

j. Remote Collection and Return Service: The delivery of the Vehicle to a location as agreed with the rentee and the pickup of the Vehicle at the end of the Rental Period as specified in the Booking and confirmed at the point of Reservation.

k. Collection and Return Window: The period of 30 minutes before the stated collection and return times, allowing for minor variations in pickup or drop-off.

l. Optional Extras: Items selected by the rentee at the time of Booking or on collection of the Vehicle. A full list of Optional Extras can be found on the enquiries page.

m. Optional Extra Fees: The cost of Optional Extras as set out in the Rental Agreement.

n. Remote Collection and Return by Mile: An additional fee applied for the delivery or pickup of the Vehicle at more remote locations around the Falkland Islands, calculated based on the distance from the standard rental location.

o. Proof of Accommodation: A certified document confirming the rentee’s accommodation during their time on the Falkland Islands. This may be in the form of a booking confirmation, lease agreement, hotel invoice, or armed forces accommodation ID if applicable. This document must be no more than 3 months old and can be supplied in either hard copy or digital form.

p. Rental Agreement: The document setting out the information of the Rental to which these Conditions apply.

q. Rental Fees: Fees payable by the rentee for the hire of the Vehicle including, where applicable, any Optional Extra Fees, Remote Collection and Return by Mile fees, fees for Additional Drivers, and any other charges set out in the Rental Agreement.

r. Rental Period: As prescribed in clause 6.

s. Reservation: An unfinalised booking of a Vehicle from a Vehicle Group for the Rental Period specified by the rentee at the time of enquiry. All Required Documents have been received, but payment has not yet been made. Reservations can only be held for a maximum of 30 days without payment.

t. Approved Road Use: The operation of the Vehicle on public roads or surfaces that are designated, sealed, and maintained for vehicular traffic within the geographic limits of East Falklands, in accordance with all applicable traffic laws and these Conditions. A map of the roads approved for use is available on request.

u. Telematic Data: Where a Vehicle is fitted with telematic technology, data provided to us through such technology on your use of the Vehicle including, but not limited to, the Vehicle’s speed and location.

v. Recovery Fees: Fees incurred for any recovery of the Vehicle during the Rental Period.

w. Falkland Islands: The geographic Falkland Islands and their related satellite islands.

x. Unauthorized Driver: Any person who drives the Vehicle without our prior authorisation, whether or not they meet the requirements for an Additional Driver. The rentee remains fully liable for any incidents, damage, fines, or legal consequences caused by an Unauthorized Driver. Insurance coverage is automatically forfeited in the event the Vehicle is driven by an Unauthorized Driver.

y. Off-Road Use: The operation of the Vehicle on roads or surfaces that are not designated, sealed, or maintained for public vehicular use. Off-Road Use is strictly prohibited.

z. Unauthorized Travel: Use of the Vehicle outside the geographic limits of East Falklands, or in a manner not permitted under these Conditions, including, but not limited to, international travel, hazardous areas, or restricted zones.

aa. Avoidable Breakdown: Any mechanical failure, malfunction, or stoppage of the Vehicle caused by negligence, misuse, failure to follow operating instructions, or other preventable actions by the rentee or any driver of the Vehicle.

bb. Loss of Use: Any period during which the Vehicle is unavailable for rental due to damage, repair, or recovery, for which the rentee may be liable under these Conditions.

cc. Vehicle: The car, van or truck that the rentee has agreed to rent as set out in the Rental Agreement (or any replacement that we provide). This includes the keys and all parts and accessories present within the Vehicle from the commencement of the Rental Period.

dd. Vehicle Group: A selection of vehicles grouped together with similar characteristics and features as determined by the renter.

ee. You/your/rentee: The person or Business Customer renting the Vehicle, named on the Rental Agreement.

ff. We/us/our/renter: The Falkland Islands Company, Falklands4x4, Crozier Place, Stanley, Falkland Islands.

 

2. Basis of Contract

a. The Contract is made between you and us and sets out our respective responsibilities when renting a Vehicle and any Optional Extras. The Contract comprises the following documents:

i. the Rental Agreement;

ii. these Terms and Conditions;

iii. the Pre-Rental Inspection, available on request; and

iv. the checkout inspection carried out at the time of collection.

b. At the point you complete your Booking upon receipt of the Required Documents and full payment, we agree to use all reasonable efforts to make a Vehicle from the Vehicle Group you have selected available for you to hire for the Rental Period. If we are unable to contact you using the details provided in your Booking, the Booking will be automatically cancelled, and we shall have no liability to you.

c. You agree that:

i. Until the Contract is formed as specified in clause 2.d below, our only obligation to you is in respect of the Booking;

ii. Upon confirmation of your Booking, you will be fully bound by these Terms and Conditions; and

iii. You will be bound by the Rental Agreement only once the Contract is formed with us as specified in clause 2.d.

d. The Contract is only formed when we allow you to take possession of the keys to the Vehicle. We will not do so unless you collect the Vehicle from us (or where we provide a Remote Collection Service, upon delivery to you), you have provided all Required Documents, full payment has been made, you have agreed the Pre-Rental Inspection, and we are satisfied that you meet our rental criteria and comply with these Terms and Conditions.

e. By taking possession of the keys to the Vehicle, you:

i. accept the terms of the Rental Agreement;

ii. accept these Terms and Conditions; and

iii. agree to the Pre-Rental Inspection, or the checkout inspection, as set out in the Rental Agreement.

f. By entering into the Contract, you agree to:

i. rent the Vehicle, including any replacement vehicles and Optional Extras, for the Rental Period;

ii. pay the Rental Fees, as well as any fees for the extension of the Rental Period (where applicable under clause 7) and any fees related to Optional Extras;

iii. pay any relevant administration charges, theft and damage charges in line with our Damage Matrix, parking, traffic or other fines, reasonable court costs, and any other reasonable charges.

g. If you request to add an Additional Driver to the Rental Agreement, we will determine whether or not to approve that addition. You will need to provide the Additional Driver’s details for verification. If approved, you agree to pay any additional fees for this inclusion, as specified on our website or communicated to you at the time of request. It remains your responsibility to ensure that any Additional Drivers comply fully with these Terms and Conditions.

h. If you are a Business Customer, by signing the Rental Agreement, you confirm that you have the authority from your company to enter into the Contract. In the event of any conflict between the terms of this Contract and your business’s contractual agreements or terms, the terms of the corporate master agreement between you and us shall prevail.

i. We reserve the right to amend these Terms and Conditions from time to time. Any such amendments will be published on our website and communicated to the Rentee at the first available opportunity.

 

3. Booking and Tariffs

a. When collecting a Vehicle from us, please bring all Booking documentation supplied by us, along with your valid Driving Licence and a photographic form of ID, either a passport or a government-issued identification card.

b. In the unlikely event that we are unable to provide you with a Vehicle, your sole remedy shall be a refund of any Pre-Paid Amount paid to us.

c. We operate on a prepaid basis for all standard tariffs, excluding contract Business Customer rentals. By making your Booking, you agree to pay the full Rental Fee in advance of collection.

d. A Booking period may be changed up to 48 hours before the scheduled commencement of the Rental Period by telephoning or emailing us directly. Any requested changes will be actioned to the best of our ability but may not always be possible due to availability:

i. Where a Booking Change increases the Rental Fees payable, no rebooking fee shall be charged.

ii. When a Booking Change reduces the Rental Fees, we reserve the right to charge a rebooking fee of £50.

iii. You acknowledge that Rental Fees may increase if you change the Vehicle Group or the delivery and return point. Any increase will be charged at the current rate, and further charges will apply if the Rental Period is extended.

e. If you wish to cancel a Booking (Booking Cancellation), you may do so at any time prior to the scheduled commencement of the Rental Period. In the event of cancellation, any payment already made will be refunded, subject to a cancellation charge. The cancellation charge shall be capped at a maximum of three days’ Rental Fees for the Vehicle Group being rented, including any booked Optional Extras and charges, and will also include any Remote Collection and Return charges that may have been incurred. Cancellations must be made in writing and addressed to: reception.falklands4x4@fic.co.fk

.

f. If notification of cancellation has not been received prior to the scheduled commencement date and time, and the Vehicle is not collected, or is not collected at the agreed time or within any applicable grace period, the Rental Fees already paid shall be withheld in full.

 

4. Rental Fees and Payment

a. The Rental Fees, together with any other agreed charges, for example, Collection and Return charges, Optional Extras, and similar, must be paid in full for the agreed Rental Period. If the Vehicle is collected late or returned early, no refund shall be issued.

b. The Rental Fees are calculated based on:

i. the start and end dates and times;

ii. the rental location in respect of Collection and Return charges;

iii. the duration of the Rental Period as calculated from the start and end dates and times;

iv. the Vehicle Group or type of Vehicle as specified in the Rental Agreement; and

v. any Optional Extras as discussed and agreed upon.

c. Unless otherwise stated, the Rental Fees include the cost of Vehicle Road Tax, Rental Vehicle Insurance, daily Rental Fee, Collision Damage Waiver with excess (the amount of excess varies by Vehicle), Emergency Roadside Assistance, and unlimited mileage.

d. You may be liable for additional charges at the end of the Rental Period following our inspection at the point of Vehicle check-in. These charges are detailed in our Damage Matrix and include, but are not limited to, body damages, mechanical issues, interior stains and defects, loss of keys, and items such as tax discs or Vehicle passes.

e. If you are a contract customer billed at regular intervals and are late in making payment, we may charge interest on the overdue amount without further notice. Interest will be calculated at 10 percent per year above the base lending rate of the Bank of England. We may also recover any reasonable costs incurred while attempting to collect payment, including reasonable legal costs. In the event of extended failure to pay, we reserve the right to recall all Vehicles covered under the Rental Agreement.

f. You agree that we may send invoices electronically to the designated invoice recipient, using the e-mail address you have provided. You may request to terminate electronic invoicing at any time, in which case we will issue paper-based invoices. You are responsible for any additional costs associated with paper-based invoicing, including postage.

g. You are responsible for any malfunctions or difficulties in receiving emails containing invoices. Any invoice is deemed received as soon as it enters your domain. If we provide invoicing through any form of online access, the invoice is deemed received when it is accessed. It is your responsibility to check and retrieve invoices at reasonable intervals.

h. If an invoice is not received or cannot be accessed, you must notify us immediately. In such cases, we will re-send a copy of the invoice and clearly mark it as a duplicate.

 

5. Remote Collection and Return

a. Following receipt of your Reservation request, we will contact you to confirm details, including any Remote Collection and Return locations and Collection and Return Windows.

b. Where you wish to add an Additional Driver, they do not need to be present at the time of Remote Collection or Return, but you must have provided their full documentation, including a full valid Driving Licence, for us to verify in advance of them driving.

c. We will agree a Collection and Return Window with you in advance of the commencement of the Rental Period for Remote Collection or Return to the agreed location as specified in your Reservation request. Any requirement for Remote Collection or Return outside of Stanley without prior notice before the commencement of the Rental Period cannot be guaranteed and is subject to availability.

d. When the Vehicle is provided to you, it will have a full tank of fuel, minus the fuel used during the drive to the Remote Collection location. Upon delivery or prior to retrieval at the point of return, Vehicle inspections will be carried out and documented. Any defects or damages identified at the point of return will be notified to you and charged in accordance with our Damage Matrix. Any disputes or objections to these charges must be submitted by you within four working days.

 

6. Rental Period

a. The Rental Period is the period from the start date and time of collection, as shown on the Rental Agreement, and ends on the date and time indicated on the Rental Agreement.

b. The Rental Agreement terminates when:

i. the Vehicle and any applicable Optional Extras are returned, and the Vehicle’s keys are handed over to one of our employees, placed in one of our key-drop boxes, or, where we have provided prior written authorisation, handed over to a hotel reception desk; and, subject to clause 9.j, the Vehicle has been inspected and checked by us.

 

7. Extending the Rental Period

a. If you wish to extend the Rental Period, please contact us as soon as possible, and at the latest within two hours of the original end date and time of your Rental Period.

b. On receipt of your request to extend the Rental Period, we will do our best to assist with any extension. All extensions are subject to availability. If an extension is not available on the same Vehicle, we will endeavour to offer alternatives, which may include a Vehicle from another Vehicle Group. If we are unable to accommodate your request, the Vehicle must be returned to us at the agreed location and by the original end date and time of the Rental Period.

c. Where you wish to extend the Rental Period beyond 28 days, we reserve the right to require you to return to the Showroom with the Vehicle to agree a new Contract and, if necessary, exchange the Vehicle.

d. If the Rental Period has expired, or if you fail to extend the Rental Period, and the Vehicle is not returned within the 30-minute grace period, we reserve the right to repossess the Vehicle. You will be liable for additional charges, including but not limited to loss of use of the Vehicle, calculated at the equivalent rate of the daily Rental Fee for that particular Vehicle Group, based on every eight hours that the Vehicle remains unreturned, along with any administration fees. You must also pay any reasonable expenses incurred in the repossession process. You grant us permission to access any premises as required to carry out repossession. The assertion of further damage claims is not excluded.

e. Your obligations in relation to the Vehicle continue until it has been returned to us and inspected, notwithstanding that the Rental Period may have ended.

 

8. Inspecting the Vehicle on Collection

a. The Vehicle has been maintained in accordance with the manufacturer’s recommended standards and will be roadworthy at the point of collection.

b. Any existing damage to the Vehicle will be stated on the Rental Agreement or, where you have requested one, the Vehicle Condition Report.

c. When you collect the Vehicle, you must inspect it. If there is any damage, you must ensure it is recorded on the Rental Agreement or, where applicable, the Vehicle Condition Report. You will be responsible and liable for any damage that is not recorded at the time of collection.

d. Where you use the Remote Collection and Return service, the Vehicle must be inspected upon your arrival at the collection location. Any discrepancies, defects, or disputes regarding existing damage must be timestamped, photographed, and notified to us in writing within 24 hours of your arrival. Any discrepancies or defects not identified prior to the removal of the Vehicle from the collection location will not be entertained.

 

9. Returning the Vehicle and Condition on Return

a. We will inspect the Vehicle on its return for any damage or changes in condition from that described in the Vehicle Condition Report at the time of collection, or which you notified to us in accordance with Clause 8. If you are unable or refuse to complete the inspection with us, we will inspect the Vehicle in your absence and notify you of our findings, including any relevant photographs of such damage for your review. You may contact reception.falklands4x4@fic.co.fk

 with any disputes or questions regarding the inspection evidence.

b. Some damage may not be apparent during the post-rental inspection, such as mechanical damage (for example, to the engine, fuel tank, or clutch) or damage hidden due to adverse lighting or weather conditions. Any such damage will be identified within 72 hours of the Vehicle being returned or checked in. If such damage is identified, we will notify you and provide supporting evidence.

c. The Vehicle should be returned in the same condition of cleanliness as it was received, outside of fair use. Where additional cleaning is required to return the Vehicle to a rentable condition—due to, but not limited to, strong odours, pet hair, smoking, sand, stains, or fluids—additional charges will be applied in accordance with the Damage Matrix.

d. You should use all reasonable efforts to return the Vehicle to us during our Showroom Opening Hours:

i. Where we have agreed that the Vehicle and any Optional Extras may be returned to a location other than the Showroom during normal Opening Hours, you remain liable for any damage caused to the Vehicle until it is taken into our possession. For Vehicles returned within Stanley, this liability period is up to 12 Business Hours. For any location outside of Stanley, this period is up to 24 Business Hours.

ii. You must leave any Optional Extras in either the boot or on the back seat.

iii. You must secure the Vehicle near the return location as agreed and leave the keys in a secure location as instructed by us.

iv. You must notify us of the Vehicle’s location either by telephone or directly via email to reception.falklands4x4@fic.co.fk

.

e. By taking possession of the keys to the Vehicle, you agree to return the Vehicle to the location specified in the Rental Agreement. If the Vehicle is returned to an alternative location without our prior notification and approval, you will be liable for any reasonable costs we incur to relocate the Vehicle.

f. The Vehicle is supplied with a full tank of fuel and should be returned to us with a full tank unless a prepaid fuel option has been purchased in advance of the rental commencement. If the Vehicle is returned without a full tank, you will be liable to pay for the fuel required to refill the Vehicle at the rate specified in our Damage Matrix.

g. If you return the Vehicle and any Optional Extras before the end of the Rental Period and you have prepaid the Rental Fees, you will remain liable for the full Rental Fees for the agreed Rental Period. No refund will be provided for early return.

h. If we have agreed to collect the Vehicle and keys from you, the Vehicle must be parked in a suitable place which allows full access to the Vehicle for the purposes of collection, without incurring any fines or penalties.

i. You must return the Vehicle and any Optional Extras in the same condition as received, allowing for fair wear and tear based on the distance travelled and the duration of the Rental Period.

 

10. Vehicle Rental Requirements and Your Responsibilities

a. You must provide all Required Documents. If you are unable to meet these requirements, you will not be permitted to drive the Vehicle.

b. All drivers must have held a full driving licence for at least one year prior to the commencement of the Rental Period. If the licence does not demonstrate that the driver has held it for the minimum period, evidence must be provided, such as previous driving licences or a letter from the driving licence authority confirming the period of licensure.

c. Drivers must be over 21 years of age. Drivers under 23 years of age must not have any endorsements on their licence. Drivers aged 23 or older must not have accumulated more than six penalty points on their licence. Certain endorsements may restrict your ability to drive the Vehicle, even if below six points. All endorsements must be declared at the time of booking. You must provide evidence of any endorsements on your licence, for example via a DVLA licence check code for UK licence holders, or an equivalent document for non-UK customers.

d. If you or anyone in your party is, in our reasonable opinion, abusive, threatening, or violent towards any of our staff, we may refuse to rent a Vehicle to you. We may also refuse rental if we believe you or any Additional Driver is under the influence of alcohol or drugs.

 

11. During the Rental Period

a. During the Rental Period (and any additional period until termination under clause 6.b), you must:

i. use the Vehicle and any Optional Extras in accordance with the road traffic laws applicable within the Falkland Islands;

ii. use the correct fuel; all our Vehicles are Diesel;

iii. lock the Vehicle when not in use or when refueling, and use any security devices fitted to or supplied with it. Failure to do so, resulting in theft or damage, will make you fully liable;

iv. ensure the Vehicle is protected against bad weather that might cause damage, particularly high winds;

v. drive the Vehicle with all due care and attention, ensuring your use is reflective of the location, speed limits, and driving conditions;

vi. contact us immediately if you become aware of any fault in the Vehicle or if any warning lights are displayed. If it is unsafe to stop, contact us at the first available opportunity. Failure to do so may result in liability for damages;

vii. carriage of animals in the Vehicle is not permitted. Failure to comply may result in additional charges.

 

b. During the Rental Period (and any additional period until termination under clause 6.b), you must not:

i. take or permit the Vehicle to travel outside the East Falklands;

ii. drive the Vehicle off government-constructed roads;

iii. use the wrong fuel;

iv. drive the wrong way down a one-way street;

v. drive without due care and attention or in excess of applicable speed limits;

vi. use a mobile device while driving that may distract you, including texting, emailing, or using a phone without hands-free capability;

vii. fit your own equipment to the Vehicle exterior which may cause damage;

viii. overload the Vehicle beyond manufacturer specifications;

ix. sell, rent, remove, or dispose of the Vehicle or Optional Extras, or allow anyone else to do so;

x. push or tow any trailer or Vehicle;

xi. give anyone rights over the Vehicle;

xii. work on the Vehicle or allow others to do so without prior written consent;

xiii. allow anyone to drive the Vehicle other than an approved Additional Driver;

xiv. carry or transport hazardous, toxic, flammable, corrosive, radioactive, harmful, strong-smelling, or illegal materials;

xv. use the Vehicle for any crime or illegal purpose;

xvi. use the Vehicle for hire, reward, or fare-paying services unless authorised in writing;

xvii. use the Vehicle for any purpose requiring an operator’s licence;

xviii. use the Vehicle off-road, on a race track, for racing, pace-making, testing, teaching, rallies, competitions, demonstrations, or trials;

xix. drive through spaces too narrow for the Vehicle;

xx. cause damage by transporting unsecured loads or hitting high-level objects;

xxi. use the Vehicle under the influence of alcohol, drugs, or narcotic substances;

xxii. smoke in the Vehicle, including e-cigarettes or vaping devices;

xxiii. use the Vehicle in an imprudent, negligent, or abusive manner;

xxiv. drive the Vehicle in any way that may cause engine damage;

xxv. cause damage or strain to the clutch.

 

c. The examples in clause 11.b are not exhaustive; any unlawful, unsafe, or dangerous conduct while using the Vehicle will be treated as a breach of contract, terminating your permission to use the Vehicle and voiding any insurance or Collision Damage Waiver.

d. Business Customers must not use the Vehicle in any way requiring an operator’s licence or for private chauffeur services unless authorised in writing.

e. From time to time, we may require the Vehicle returned during your Rental Period (for servicing, recalls, or mileage compliance). You must cooperate fully. Failure to comply may result in liability for any resulting losses.

f. The Vehicle may be fitted with telematics or similar devices to monitor location and use. We may contact you if misuse is detected and may request corrective action. Continued non-compliance may result in termination of the Rental Agreement, revocation of insurance or Collision Damage Waiver, and liability for resulting damages. Data may be used during and after the Rental Period.

 

12. Lost Property

a. We are not responsible for any property that you place or leave in the Vehicle at any time during the Rental Period or during any additional period before termination under clause 6.b. All such property is kept at your sole risk to the maximum extent permitted by law.

b. You must remove all property from the Vehicle when returning it to us. If you leave any items in the Vehicle, we may, at our discretion, agree to store them for collection within a reasonable timeframe. Any property that remains unclaimed three months after the end of the Rental Period may be disposed of without further notice.

 

13. Accidents and Vehicle Incidents

a. If you have an accident with or in the Vehicle, you must:

i. take all reasonable steps to secure the Vehicle and ensure the safety of all persons, and notify the police immediately, as this is a legal requirement;

ii. not admit or accept liability to any third party;

iii. obtain and promptly provide us with the names, addresses, and contact details of all parties involved in the accident, including any witnesses where possible, and notify us within 24 hours of the incident;

iv. call our breakdown assistance service as set out in your Rental Agreement and report the accident or breakdown to our assistance team;

v. inform us immediately if the Vehicle is confiscated or impounded by any third party by calling +50027663;

vi. ensure any recovery or movement of the Vehicle is only carried out with our full prior consent. You will be fully liable for any damage arising from any unauthorized recovery or movement, regardless of the cause.

 

14. Vehicle Breakdown and Towing

a. During the Rental Period, the Vehicle is covered by our breakdown assistance service. To use this service, you must contact the designated number provided in your Rental Agreement. Failure to do so may result in you being liable for any resulting costs.

b. If the Vehicle breaks down during the Rental Period, we will arrange recovery and repair as soon as reasonably possible. If the Vehicle cannot be repaired, we may, at our discretion, provide a replacement Vehicle, subject to availability and any other relevant circumstances.

c. If the breakdown results from your negligence, that of any Approved Driver, or from your breach of the Rental Agreement, you will be responsible for all resulting damage or loss in line with the charges set out in our Damage Matrix.

 

15. Theft of Vehicle and Damage

a. If the Vehicle, keys, or any Optional Extras are stolen, you must report the theft to the police and obtain a police report or crime reference number. You must provide us with this report and, if possible, the keys, within 24 hours. We are not responsible for any loss, theft, or damage to personal belongings left in the Vehicle.

b. i. If the Vehicle is damaged or stolen during the Rental Period due to third-party interactions or circumstances outside your direct fault, you are responsible for paying an amount up to the excess stated for the Vehicle and its group, as set out in your Rental Agreement.

ii. If the Vehicle is stolen or damaged due to your negligence, breach of the Rental Agreement, or other fault on your part, you will be fully liable for the total cost of the Vehicle, keys, or Optional Extras in line with our Damage Matrix.

c. We engage qualified experts to estimate the cost of repair or replacement for the Vehicle, keys, any accessories, or Vehicle documents damaged or stolen during the Rental Period (and any additional period until termination under clause 6.b). Estimates are based on our Damage Matrix, which considers industry-standard labour rates, the cost of original equipment manufacturer parts, and loss of use.

d. For any damage not specifically covered elsewhere, the cost of repair or replacement will be calculated using our Damage Matrix. If the Vehicle is beyond economic repair, liability will be based on its market value minus the estimated salvage value, which will be determined by a qualified industry expert.

e. If any damage is deemed to be your responsibility at any point during the Rental Period, or is identified at the return of the Vehicle in accordance with this Agreement, we will notify you as soon as possible of the amount due, calculated using the Damage Matrix or an expert assessment, and provide documentation and evidence of the damage.

f. If you disagree with any damages or fees identified in our assessment, you must submit your objections in writing within 72 hours of receiving our assessment and provide any evidence you have to support your position. You may, at your own cost, instruct a qualified expert to review the damages.

g. Any administration fees related to processing damage claims are included in the charges set out in our Damage Matrix and will be applied accordingly.

h. If any Optional Extras are damaged or not returned at the end of the Rental Period, you will be charged the replacement cost in addition to any applicable Optional Extras fees. Charges will be calculated in line with our Damage Matrix where applicable.

i. If any damage, loss, or theft of the Vehicle occurs as a result of your negligence, breach of the Rental Agreement, or violation of the law, you will be fully liable for all associated costs, including repair or replacement, loss of use, and any third-party expenses. Charges will be calculated in line with the Damage Matrix. Any waivers or insurance benefits may not apply in these circumstances. Where third-party liability cover is required by law, the minimum cover will still apply, but we or our insurer may seek to recover the full costs from you.

j. If you cannot demonstrate that any damage, loss, or theft occurred after the end of the Rental Period under clause 6.b, or that the extent of damage is less than stated by us, you will be liable to pay for the damage or loss and any associated rental costs. We will, where possible, attempt to recover costs from third parties and refund any amounts recovered. You will not be responsible for costs arising from our negligence or breach of this Agreement. All charges will be calculated in line with the Damage Matrix where applicable.

 

16. Speeding, Parking, and Traffic Fines and Charges

a. You are responsible for all fines, penalties, and charges arising from your use of the Vehicle, or the use by any Approved Driver. This includes, but is not limited to, parking fines, toll charges, towing or clamping costs, traffic or speeding fines, idle charges, and any other similar charges.

b. If a fine or charge is issued to us because you failed to pay or comply with the law, we may recover:

i. the fine or charge itself (if we are required to pay it); and

ii. an administration fee per transaction, calculated in line with our Damage Matrix, to cover our handling costs.

c. By signing the Rental Agreement, you authorise us to charge any fines, charges, and associated administration fees to any payment card on which we may have a financial hold.

d. By signing the Rental Agreement, you consent to us providing your details and a copy of the Rental Agreement to the authority or company issuing the fine or charge, where permitted by law. Any processing fee for this service will be applied in line with our Damage Matrix.

e. If we cannot lawfully provide your information to the issuing authority, we may pay the fine or charge on your behalf and invoice you for the amount plus any administration or processing fees in line with our Damage Matrix.

f. If you wish to appeal or dispute a fine or charge, we will provide the details of the fine and the issuing organisation. You must contact the issuing organisation directly to pursue any refund or compensation.

g. If the Vehicle is seized by the police, customs, or any other authority during the Rental Period (and any additional period until termination under clause 6.b), and the seizure was not caused by our negligence or breach of this Agreement, you will be responsible for:

i. any costs we incur due to the seizure, including the initial uplift and up to one additional working day;

ii. any loss of rental income while the Vehicle is unavailable; and

iii. a service fee for processing and retrieving the Vehicle, applied in line with our Damage Matrix.

 

17. Business Contract Customers

a. If you are a Business Contract Customer and this is noted on the Rental Agreement, you must arrange your own insurance cover for the duration of the Rental Period.

b. You must provide proof that your insurance is valid and remains effective while the Vehicle is in your possession. You are responsible for the cost of this insurance.

c. You are responsible for ensuring that your insurance complies with the requirements of the Rental Agreement. We must approve the coverage, insurer, and policy terms, which may not be altered during the Rental Period. The insurer may be required to record our name as the registered owner of the Vehicle. You are liable for all losses, damages, and claims, including third-party claims, if the insurance is ineffective or fails to cover any incident arising from your use of the Vehicle.

d. If you return the Vehicle outside of Business Hours or to a location other than the original rental branch, your insurance must remain valid until the Vehicle has been inspected by our staff. We will use reasonable efforts to inspect the Vehicle within 24 hours of the end of the Rental Period. Until inspection is completed, you remain responsible for any loss, damage, or theft of the Vehicle.

e. At the conclusion of the Business Rental, you are responsible for the cost of any damage or repairs required to return the Vehicle to a condition comparable to when the rental began.

 

18. Ending the Contract Early and Limitation of Liability

a. If you are renting the Vehicle as a private individual, we may end the Contract immediately by contacting you via the telephone number or email address you provided if:

i. a receiving order has been made against you;

ii. you are declared bankrupt; or

iii. you breach the Contract in a manner that causes significant loss or cannot be remedied.

b. If you are renting the Vehicle as a Business Customer, we may end the Contract immediately if:

i. the company or partnership enters administration or liquidation;

ii. the company or partnership convenes a meeting of creditors;

iii. any goods of the company or partnership are seized under a repossession order;

iv. you or the company or partnership breaches the Contract in a manner that causes significant loss or cannot be remedied; or

v. we have reason to believe that any of the above events may occur.

c. If you breach the Contract or if we end the Contract early in accordance with these Conditions:

i. you must pay any amounts owed under the Contract, including any foreseeable losses resulting from your breach (for example, loss of rental income or repair/replacement costs);

ii. you may lose the benefit of any damage waivers, excess reduction products, or third-party liability insurance;

iii. you will not be liable for losses that are not directly related to your breach or that were not foreseeable; and

iv. you must return the Vehicle and any Optional Extras within one day of the Contract ending.

d. If we materially breach the Contract, you may terminate it by providing written notice. You must return the Vehicle and any Optional Extras as soon as possible and pay all amounts owed under the Contract, including Rental Fees, up to the date of return and inspection of the Vehicle. You must take reasonable steps to mitigate any losses you incur.

e. If you are not a Business Customer, nothing in this Contract reduces your statutory rights. If we materially breach the Contract, we are responsible for foreseeable losses you incur as a result. We are not liable for losses you can recover from another party, losses not directly related to our failure, or losses that were not foreseeable (for example, loss of profits or opportunity).

f. If you are a Business Customer and we materially breach the Contract, we shall not be liable for any loss of profit, business contracts, revenues, anticipated savings, or any indirect or consequential loss. Our total liability to you, whether in contract, tort, or negligence, is limited to the Rental Fees payable under the Contract.

g. For the purposes of this clause, a loss or damage is foreseeable if it is either obvious that it could occur, or if both you and we knew at the time the Contract was made that it might occur.

h. Nothing in this Contract excludes or limits our liability for fraud, death, or personal injury caused by our negligence, or any other liability that cannot be excluded or limited by law.

 

19. Personal Information and Security Checks

a. We may collect and electronically scan your personal information and identity documents, as well as those of any Approved Driver. This information may be held and used to perform our obligations under the Contract and for our business purposes, in accordance with our Privacy Policy, which is available on our website or upon request.

b. By providing your details for a reservation, you consent to identity, security, driving licence, and credit checks. If you fail any of these checks, or if any amounts are owed to us or our group companies, we may refuse to allow you or any Approved Driver to rent or drive the Vehicle. If any information you provide is false or inaccurate, you will have breached the Contract and will be liable for any costs or damages we incur as a result.

 

20. Complaints

If you are dissatisfied with any aspect of the services provided, please contact us in writing either by email at reception.falklands4x4@fic.co.fk

 or by post to:

Falklands 4x4, Crozier Place, Stanley, Falkland Islands FIQQ1ZZ.

Upon receipt of your email or postal mail, a member of our staff will respond to discuss your complaint.