These Terms and Conditions (“Terms”) apply to all hires and form a legally binding agreement between you including any named driver and us and will govern your use of the Vehicle during the Hire Period.
- ABOUT US
1.1. We are Mercado or TravelFalklands of 7 Jersey Road, Stanley, Falkland Islands. FIQQ 1ZZ (“Mercado”, “TravelFalklands”, “we”, “us”, or “our”), we may also trade as TravelFalklands.
1.2. We operate the website www.mercado.co.fk and www.travelfalklands.com (our “website”).
1.3. To contact us, please use [email protected] or [email protected], call 00500 52946 or write to us at the above address.
1.4. Our office opening times are 09:00-16:00 Monday to Friday excluding public holidays.
1.5. These Terms were last updated on Friday, 5th of April, 2024. - GENERAL CONDITIONS
2.1. We hereby agree to rent you the Vehicle identified in your hire confirmation (“Vehicle”).
2.2. By hiring a Vehicle from us from the date and time as stated in your hire confirmation until the Vehicle is returned to us (“Hire Period”), you
2.2.1. confirm that you have read and agree to these Terms;
2.2.2. that you are legally entitled to enter into this Agreement;
2.2.3. that you are prepared to accept responsibility for the Vehicle, the Hire Charges as stated in your hire confirmation (“Hire Charges”) and any additional costs associated with or arising from your use of the Vehicle.
2.3. Your rental period starts when you check-out the Vehicle and ends when we acknowledge that we have received the Vehicle and keys back.
2.4. No variation to these Terms will be binding unless agreed in writing between our authorised representatives and you.
2.5. Our employees or agents are not authorised to make any representations concerning the lease unless confirmed by us in writing.
2.6. Any typographical, clerical or other error or omission in any sales literature, quotation, offer, invoice or other document or information issued by us will be subject to correction without any liability on our part.
2.7. Your failure to fulfil any or all of the requirements of these Terms, may cause the insurance to be invalidated and you will be responsible for and will pay to us all reasonable costs of any detrimental consequences, and loss, damage or liability that may arise as a result. We also reserve the right to demand immediate return of the Vehicle where the insurance is compromised or invalidated. - ELIGIBILITY AND IDENTITY VERIFICATION
3.1. Before we can hire a Vehicle to you, we require
3.1.1. original photographic ID (ie., driving licence or passport) for yourself and any named Driver,
3.1.2. proof of address and,
3.1.3. a DVLA validation Code (UK Drivers only), or For non-UK Drivers, an additional proof of your name and home address.
3.2. You should bring these documents with you when collecting the Vehicle. Failure to have the correct documentation may prevent you from collecting the Vehicle, and you may still remain liable for the Rental Charges from the agreed time for collection.
3.3. Hirer and Drivers should be 25 years and over to drive a Vehicle.
3.4. Only those who are named Drivers may drive the Vehicle.
3.5. It is your responsibility to ensure that you can meet such requirements prior to entering into the Agreement. - VEHICLE INSPECTIONS
4.1. Vehicle Condition Check Out
4.1.1. When the Hire Period commences, you will be asked to sign the Vehicle Condition form that describes the Vehicle’s condition at that particular date and time.
4.1.2. It is your responsibility to fully inspect the Vehicle and any accessories for any pre-existing damage and to identify such damage on the Vehicle Condition Check Out form.
4.1.3. If you request the Vehicle is left by us for collection by you at a location that is not our office or outside of our office hours you do so at your own risk and are responsible for any damages or losses from the date and time, we leave the vehicle at the requested location and/or from the time our office closes.
4.1.3.1 If you request the Vehicle is left by us for collection by you at a location that is not our office or outside of our office hours, we will fill out the Vehicle Check Out Form to the best of our knowledge at the time of dropping the Vehicle to your requested location at a date and time that is suitable for us but before your requested hire time is due to commence.
This completed form will be left in the glove compartment of the Vehicle by us.
You will be deemed to have accepted the Vehicle and any accessories in the condition set out on the Hire Confirmation and will be charged for any new damage that is discovered when the Vehicle and any accessories are inspected by both parties on return of the Vehicle (or earlier where the Vehicle is returned for inspection, servicing or repairs).
4.2. Vehicle Condition Check In
4.2.1. Any shortage between the fuel levels at the point of hire and the fuel levels at the point of return will be charged to you at our rates of forecourt plus 20% (and include a refuelling charge of £30).
4.2.2. All goods and any personal belongings in or on the Vehicle must be removed before it is returned.
4.2.3. Upon the return of the Vehicle, you should inspect the Vehicle together with our agent and countersign the Vehicle Condition Check In document which includes a record of any new damage
We reserve the right to re-inspect the Vehicle and amend the Vehicle Condition Check In form up to 5 days (120 hours) after the Hire Period has ended that is stated on your Hire Agreement.
We will retain the Vehicle Condition Check In form, if you would like a copy please ask us.
4.2.4. If the Vehicle is left by you for collection by us at a location that is not our office and/or outside of our office hours you do so at your own risk and remain responsible until we counter sign the Vehicle Condition Check In form. We reserve the right to counter sign the Vehicle Condition Check In form up to 5 days (120 hours) after the Hire Period has ended that is stated on your Hire Agreement.
4.2.5. If, during the Vehicle Condition Check In form inspection, new damage to the Vehicle is discovered we will arrange for repair and replacement of part and accessories as necessary and charge you for:
4.2.5.1. The cost of the repair quote, cost of repairs and replacement parts which are uneconomical to repair, any associated incurred Freight, Administration, Loss of rental, Legal or Debt collection fees will be also be sought on top;
4.2.5.2. costs of cleaning where the Vehicle is not in a clean and tidy condition;
4.2.5.3. replacement cost of any accessories which have been lost, stolen or are uneconomical to repair any associated costs incurred Freight, Administration, Loss of rental, Legal or Debt collection fees will be also be sought on top - EARLY AND LATE RETURNS
5.1. There is no refund for any unused days unless agreed in writing by us in advance. If any refunds are to be made, they will be made less any bank or transaction charges.
5.2. Unless agreed differently, you must return the Vehicle during office hours to our office. If you choose to drop off the Vehicle out of hours or a location that is not our office or if you leave before we counter sign the Vehicle Condition Check In form, you do so at your own risk and remain responsible until we counter sign the Vehicle Condition Check In form which we can up to 5 days after the Hire Period has ended.
5.3. You must return the Vehicle at the time/date stated in your hire confirmation. If you think you will be late, it is in your interest to request an extension from us. If you are late, you will be charged for your actual rental days, and an administrative fee plus any other charges you owe us. - HIRER’S RESPONSIBILITY
6.1. During the Hire Period, it is your responsibility to:
6.1.1. check the vehicle daily and ensure it is in good condition, engine oil level, water level in radiator, coolant, washers and wipers, lights, wheel nuts, brake fluid level and condition of tyres;
6.1.2. keep the Vehicle and its accessories in its possession and free from legal process or lien and when not in use adequately protected and secured; and
6.1.3. at our reasonable request, make the Vehicle available for inspection, service or repair work.
6.2. You agree to:
6.2.1. ensure that any driver(s) using the Vehicle(s) during the Hire Period are approved by us and hold a valid full current licence for the type and use of Vehicle and are duly permitted and insured under the insurance policy provided with the Vehicle;
6.2.2. treat the Vehicle with all due care and respect;
6.2.3. ensure that the Vehicle will not be used: i) for re-hire; ii) for the carriage of passengers for hire or reward; iii) for any illegal purpose or in contravention of any legislation affecting you, the Driver, the Vehicle or its use; iv) by any person under the influence of alcohol, recreational drugs, and any medications that impair that person’s driving ability; v) to carry more passengers than is recommended by the Vehicle’s manufacturer; vi) to give driving lessons; vii) for off road use; viii) to push or tow another Vehicle or trailer; ix) to carry substances that are flammable, dangerous, hazardous toxic, harmful, radioactive and infringe applicable local laws and regulations, x) to transport goods with a weight, quantity and/or volume in excess of the Vehicle’s manufacturer recommendation; xi) for racing, rallies and the like whether official or not; xii) to transport live animals (except Assistance Dogs and pre-approved Pets);
6.2.4. ensure that any goods transported in or on the Vehicle are secured to the extent they will not cause damage to the Vehicle or cause risk to any passengers or to any third party or to any third-party property;
6.2.5. not, without our prior written approval, apply any livery, branding, transfers or marks or paintwork to the Vehicle;
6.2.6. not fit any roof or bike rack or any tow or if fitted to modify them.
6.2.7. not to make any other modifications to the Vehicle without our prior written consent.
6.2.8. not to smoke or vape in the Vehicle;
6.2.9. refill the Vehicle with the correct type of fuel. - CHARGES
7.1. The charges will comprise where applicable of:
7.1.1. the Rental Charges for the Hire Period;
7.1.2. the premium for any insurance cover required or you have opted for;
7.1.3. the cost of additional equipment such as satnav, booster or child safety seats, roof bars etc.
7.2. You agree to pay on demand:
7.2.1. the Hire Charges;
7.2.2. any charges including but not limited to Freight, Administration, Loss of rental, Legal or Debt collection fees associated with or arising from your use of the Vehicle including without limitation; i) your failure to return the Vehicle in a clean condition; ii) abortive delivery and/or collection of the Vehicle; iii) any applicable excess mileage; iv) the full cost of uninsured damage to, or loss of the Vehicle, keys or accessories; v) any amount in respect of which you are required to indemnify us pursuant to the terms of this Agreement; vi) your cancellation of a hire arrangement after our written confirmation of an order has been received; v) any associated costs including but not limited to Freight, Administration, Loss of rental, Legal or Debt collection costs if the Vehicle is declared a total loss or stolen; vi) any variation to the hire as a direct result of your actions; vii) any fuel used which is different in fuel levels recorded at the time of collection (fuel will be charged at the price applied by us at the time the Vehicle is returned, such rate being pump cost plus twenty percent (20%)); viii) any costs incurred by the removal and disposal of any goods left in Vehicles; ix) any recovery charges including but not limited to Freight, Administration, Loss of rental, Legal or Debt collection fees arising from the police, or any other governmental or public organisation who has seized the Vehicle; x) any loss-of-income whilst we are unable to rent out the Vehicle. - PENALTIES
8.1.1. If the Vehicle is found to have been taken off road a penalty of £500 will apply, in addition any recovery costs to our office and repair costs will be charged to you.
8.1.2. If the Vehicle is found to have been taken to West Falklands a penalty of £500 will apply, in addition any recovery costs to our office and repair costs will be charged to you.
8.1.3. If you or anyone else are found to have smoked or vaped during the Hire Period in the Vehicle a penalty of £200 will be charged to you, in addition any cleaning costs will be charged to you.
8.1.4. A call out other than mechanical breakdown will be charged at £200 plus mileage costs to get to your location charged at £2 per mile from our office. A call out to replace a tyre will incur this fee. - SECURITY DEPOSIT
9.1. You may be required to provide a security deposit as stated in your hire confirmation to be used in the event of loss or damage to the Vehicle during the term of this Agreement.
9.2. We may, in lieu of collection of a security deposit, place a hold on a credit card in the same amount. In the event of damage to the Vehicle, we will apply this Security Deposit to defray the costs of necessary repairs or replacement. If the cost for repair or replacement of damage to the Vehicle exceeds the amount of the Security Deposit, you will be responsible for payment of the balance of this cost. - ACCIDENTS AND THEFT DAMAGE
10.1. You must notify
10.1.1. the police immediately and
10.1.2. us within 24 hours, if the Vehicle has been involved in an accident or damage event, even if no third party was involved.
10.2. If the Vehicle is lost, stolen or damaged you must, to the extent the law allows, pay either the repair cost or replacement Vehicle cost plus charges including but not limited to Freight, Administration, Loss of rental, Legal or Debt collection fees.
10.3. Please note that if you damage the Vehicle on more than one occasion, you must, to the extent the law will allow, pay either the repair cost or replacement Vehicle cost plus charges including but not limited to Freight, Administration, Loss of rental, Legal or Debt collection fees for each clearly separate incident of damage.
10.4. We will try to recover all costs and other charges from the party at fault if you are able to show that the damage, theft or loss is not attributable to your fault, deliberate breach, fraudulence or gross negligence (to the extent such terms are used under the applicable law). To help us, you must provide us a properly completed incident report form, including the contact details of the other parties involved, within 24 hours of the accident. To the extent the law allows, we will charge a fee to cover our costs in having to contact you to obtain a properly completed incident report form.
10.5. If we are not able to recover all costs you will be held liable to pay for either the repair cost or replacement Vehicle cost plus charges including but not limited to Freight, Administration, Loss of rental, Legal or Debt collection fees. - DAMAGES TO THE VEHICLE
11.1. You are obliged to return the Vehicle, its keys, accessories and documentation to us in the same condition as they were at check out, subject to any fair wear and tear.
11.2. Our Vehicles are working assets and, if you fail in any way to comply with the obligation set out in these Terms, we are entitled to repair the Vehicle at our cost so that it is restored to this condition; and you will be liable to pay the damage, regardless of whether the damage was caused by you or a third party (including a third party with whom you have had an accident or a government, authority or organisation which has seized the Vehicle and/or its keys, accessories, or documentation).
11.3. If damage is identified upon the return of the Vehicle, we will provide you with an invoice detailing the cost to repair or replace the damage, this may include associated charges including but not limited to Freight, Administration, Loss of rental, Legal or Debt collection fees.
11.4. In relation to Serious Damage suffered by the Vehicle (including Windscreen Replacement or Repair), you will pay us the sums we become liable to pay in recovering and/or repairing and/or cleaning the Vehicle, for which you will indemnify us; and pay us a Loss of Use Charge which is a charge to take account of our loss of income while the Vehicle is being repaired and/or cleaned and this will include associated costs including but not limited to Freight, Administration, Loss of rental, Legal or Debt collection fees. We reserve the right to declare a total loss on the Vehicle should the repair cost plus all additional costs total more than the Vehicle pre-accident insured value of the Vehicle,
11.5. In relation to a Tyre Replacement or a Tyre Repair you will pay us the sum(s) for which we become liable to pay to our suppliers for the Replacement Tyre or the Tyre Repair (whichever applies), any associated supplementary charges that may apply (if any), the cost to call us out if required and a Tyre Replacement or a Tyre Repair Administration Charge.
11.6. In the event of a Total Loss you will pay us the sums representing the pre-accident insured value of the Vehicle, any Vehicle recovery charges, associated costs including but not limited to Freight, Administration, Legal or Debt collection fees less any sums that we recover in respect of the Vehicle when it is sold for salvage; and a Loss of Use Charge which is a charge to take account of our loss of revenue on the Vehicle, payable in respect of each day, after the end of the Hire Period End Date up to the point that the Vehicle is sold for salvage and we have received full payment for the insured value of the Vehicle plus any associated costs including but not limited to Freight, Administration, Legal or Debt collection fees. - DAMAGE TO THIRD PARTIES
You will be responsible for the cost of any damage you cause to another party, their property, the Vehicle they are in and any and all uninsured losses that are otherwise incurred. - SEIZURE OF THE VEHICLE
If, after check-out of the Vehicle, the Vehicle and/ or its keys, accessories, or documentation are seized by any Government, authority or organisation, you must pay for any damage suffered by the Vehicle and/or its keys, accessories, or documentation, and the cost of any restoration or repatriation charges we incur together with any penalties or fines arising as a direct result of the Vehicle’s seizure; a Loss of Use Charge to compensate us while we cannot rent the Vehicle calculated on daily basis; associated costs including but not limited to Freight, Administration, Legal or Debt collection fees. - INSURANCE
14.1. Our Vehicles are covered by Third Party Fire and Theft insurance only unless otherwise stated.
14.2. Damage to our Vehicle in an accident that was your fault is not covered
14.3. Damage to your personal possessions in a crash is not covered
14.4. Repair or replacement costs if you left the Vehicle unsecured is not covered.
14.5. Medical costs if you are injured in an accident is not covered.
14.6. You will be responsible for the cost of any damage you cause to another party, their property, the Vehicle they are in and any and all uninsured losses that are otherwise incurred.
14.7. This does not include property being transported in the Vehicle.
14.8. Cover will not be provided in accordance with clause where:
14.8.1. the Vehicle is operated in breach of this Agreement;
14.8.2. the damage is caused by an item transported inside or outside of the Vehicle;
14.8.3. the accident is not notified to us within 24 hours or as soon as practically possible in the event of your incapacitation;
14.8.4. You have a pre-diagnosed medical condition that precludes you from operating a Vehicle. - INDEMNIFICATION
15.1. You agree to indemnify, defend, and hold harmless us for any loss, damage, or legal actions against us as a result of your operation or use of the Vehicle during the term of this Agreement.
15.2. This includes any solicitor fees necessarily incurred for these purposes.
15.3. You will also pay for any parking tickets, moving violations, or other citations received while in possession of the Vehicle. - REPRESENTATIONS AND WARRANTIES
16.1. We represent and warrant that to our knowledge, the Vehicle is in good and roadworthy condition and is safe for ordinary operation of the Vehicle.
16.2. You represent and warrant that you are legally entitled to operate the Vehicle under the laws of the Falkland Islands and will not operate it in violation of any laws, or in any negligent or illegal manner.
16.3. You have been given an opportunity to examine the Vehicle, MOT and Road Tax Certificate and in advance of taking possession of it, and upon such inspection, and are not aware of any damage existing on the Vehicle other than that notated on the Vehicle Condition Check Out Form. - TERM AND TERMINATION
17.1. This Agreement shall commence on the Starting Date and shall continue in full force and effect until the End Date upon which it shall automatically terminate.
17.2. You may terminate this Rental Agreement at any time by giving Us 14 days written notice, we may charge a Cancellation Fee.
17.3. We may terminate this Rental Agreement at any time by giving You 14 days written notice sent to your email address provided.
17.4. Either party may terminate this Agreement on immediate notice if the other party is:
17.4.1. in material or persistent breach of any of its terms; or
17.4.2. is unable to pay its debts as they fall due.
17.5. We shall have the right to terminate this Agreement and repossess the Vehicle at any time during the Rental Period where;
17.5.1. You are in breach of this Agreement;
17.5.2. You have obtained the Vehicle through fraud;
17.5.3. You have abandoned the Vehicle;
17.5.4. You have damaged the Vehicle and not contacted us;
17.5.5. You have been issued a penalty notice for driving over the speeding limit;
17.6. In the event of us terminating this Agreement because you are in breach of this Agreement you shall be liable for the costs incurred by us in repossessing the Vehicle and a Repossession Fee. - LIABILITY
18.1. Except in respect of death or personal injury caused by our negligence, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our servants or agents or otherwise) which arise out of or in connection with the supply of the Vehicle.
18.2. We shall not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations if the delay or failure was due to any cause beyond our reasonable control.
18.3. You are criminally liable for infringements committed while driving the Vehicle, as provided In the Highway code.
18.4. We decline any responsibility to third parties for injury or damage that you may cause during the rental period if you have wilfully supplied us with false information as to his identity, his address or the validity of his driving licence. - TRACKING AND ELECTRONIC DEVICES AND HIRER’S CONSENT
19.1. To maintain and protect the Vehicle and to prevent and detect crime we may fit and use electronic devices to monitor the condition, performance and operation of a Vehicle and/ or to live track a Vehicle’s movements. This information may be used both during and after termination of the Hire Period.
19.2. You confirm that in entering into this Agreement, you have the authority of any Driver and every user of the Vehicle to the use of such devices, to collate, store and use the information arising from them, and will indemnify us against any claim by a Driver or user of the Vehicle, or any other prosecution or action otherwise arising from any claim that our use of any such device or data breaches data protection law, where had appropriate permissions been obtained by you, no such action would have been taken in relation to the use of such devices.
19.3. By entering into this Agreement, you warrant that you have obtained and will throughout the Hire Period continue to hold all consents expressly obtained from drivers and users of the Vehicle explicit consent to the use of such electronic devices. - OTHER IMPORTANT TERMS
20.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
20.4. A person who is not a party to this agreement shall have no rights under this agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
20.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
20.7. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
20.8. These terms and conditions and the relationship between you and us shall be governed by and construed in accordance with the laws of the Falkland Islands, and you agree to submit to the exclusive jurisdiction of the courts of the Falklands. - UNPAID INVOICES
21.1. Where the full amount due (including any charges) is not paid within 7 days of a payment being sought then we reserve the right to charge interest on the amount due of 10% per week calculated on a week or part week basis, interest commences when Debt Chasing Letter 2 is issued. Further, the administrative cost of chasing payments including the cost of any legal proceedings shall be charged to the Customer. The administrative cost of the first, second and third chasing letter for non-payment will be £20 each, the fourth chasing letter shall be £40.
The first debt chasing letter shall be sent on day 7 of the payment being sought.
If payment has not been received after letter 1 has been sent, the second debt chasing letter shall be sent on day 17 of payment being sought.
If still no payment received after letter 1 and 2 has been sent then the third debt chasing letter shall be sent on day 27 of payment being sought.
Debt letter 4 will be sent on Day 37 of payment being sought and court proceedings shall being.
21.2. If the Debtor is not ordinarily resident in the Falkland Islands, referral to our nominated Debt Collection Agency will be made on day 7 of the payment being sought and Debtor letters 1, 2, 3 & 4 shall not be issued. Any costs incurred by our nominated Debt Collection Agency will be added on top of the outstanding invoice amount. Furthermore, we reserve the right to charge 10% of the outstanding amount for every week or part week that the outstanding amount is unpaid.
21.3. If a third debt chasing letter is sent then any debts outstanding by the customer become immediately due and interest on those will be charged from the date of letter 3.
