The hirer will not:
- use the vehicle for any commercial purpose
- use the vehicle to tow any other vehicle or trailer
- use the vehicle for any illegal purposes, racing, pacemaking, testing or teaching someone to drive;
- use the vehicle while under the influence of alcohol or drugs;
- drive the vehicle outside England, Scotland, Wales, except by prior arrangement
- overload the vehicle or carry more passengers than shown in our vehicle details
- smoke in our vehicles
- allow pets or animals of any sort into our vehicles except by prior arrangement
4. Care of the vehicle
You are responsible for looking after the vehicle, its keys and equipment provided with it. When not attended, the vehicle must always be locked and any security devices provided must be used. You must ensure that the vehicle is protected from extreme weather, the correct grade of fuel is used and that the correct oil and other fluid levels are maintained.
The vehicle will be supplied with various contents including information pack, maps, guide books, spares, tools and other materials. These remain the property of the hirer and must be returned at the end of the hire period. Failure to do so will result in a charge for replacements.
You are responsible for any damage to the vehicle caused by hitting low-level objects, such as bridges, low branches, speed humps or kerbs.
You must not sell, rent or dispose of the vehicle or any of its parts. You must not give anyone any legal rights over the vehicle.
You must not let anyone work on the vehicle without our permission. If we do give you permission, we will only give you a refund if you have a receipt for the work.
You must let us know as soon as you become aware of a fault in the vehicle.
Classic cars require maintenance more frequently than modern cars. Although we do not have a mileage limitation, you must let us know in advance if you plan to exceed 1000 miles during the rental period. We can then ensure that the car is appropriately serviced. We will not accept responsibility for the reliability of the vehicle beyond the first 1000 miles of any hire period if you have not complied with this condition.
You must bring the vehicle back to the place we agreed, at the agreed time. One of our staff must see the vehicle to check that it is in good condition. If we have agreed that you may return the vehicle outside our normal business hours, you will remain responsible for the vehicle and its condition until it is re-inspected by a member of our staff
You will have to pay for reasonable costs of repair if:
We have to pay extra costs to return the vehicle to its condition at the time the pre-rental inspection was carried out. This may include, but is not limited to additional valeting time, special material or hire of special equipment needed to restore the vehicle to its pre-rental condition
or
You have damaged the inside of the vehicle and it is not as the result of a road traffic accident
You are responsible for ensuring that you have not left any personal belongings in the vehicle at the end of the hire period. If we do find any personal belongings, we will contact you and will arrange to return them to you at your expense if you wish.
You must follow any specific instructions relating to the car that are explained during the familiarisation process. If you do not understand any of these instructions, we will be happy to repeat them until you do.
5. Our Responsibilities
We will have maintained the vehicle to at least the manufacturer’s recommended standard. We will ensure that the vehicle is roadworthy and suitable for renting at the start of the rental period. We will be responsible for loss caused by:
- the vehicle not matching our description of it;
- the vehicle not being of the quality that you would be entitled to expect from a rental vehicle;
- the vehicle not being fit to drive; or
- us not having the legal right to rent out the vehicle
We are responsible if someone is injured or dies as a result of our negligence, act or failure to act.
We are also responsible for losses you suffer as a result of us breaking this agreement if the losses are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could have been contemplated by you and us at the time the vehicle is rented. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
We will ensure that we have appropriate business insurance in place to cover these risks.
We will only accept responsibility for loss or damage to property left in the vehicle or at our premises unless the loss or damage results from our negligence or a breach of the contract.
6. Charges
We work out our charges using our current published tariff. You will pay the following charges:
a. The rental and any other charge we work out according to the agreement;
b. Any charge for loss or damage resulting from you not keeping to condition 4.
c. A refuelling service charge if you have used and not replaced the quantity of fuel that we supplied at the start of the original rental. The charge will be based on the cost of fuel at the nearest filling station to the return location plus a 10% service charge.
d. All fines and court costs for parking, traffic or other offences (including any costs which arise if the vehicle is clamped). You must pay the appropriate authority any fines and costs if and when the authority demands this payment. If you do not, you will be responsible to pay our reasonable administration charges which arise when we deal with these matters.
e. The reasonable cost of repairing any extra damage which was not noted on our damage control diagram over the page at the start of the agreement, whether you were at fault or not (depending on 5). And the reasonable cost of replacing this vehicle if it is stolen, depending on any insurance you have (as set out in 7), if any when we demand this payment.
f. In exceptional circumstances we reserve the right to apply a loss-of-income charge if due to customer negligence we cannot rent out the vehicle because it needs to be repaired, it is a write-off (can’t be repaired) or it has been stolen and we are waiting to receive full payment of the vehicle’s value. The charge will be calculated by an independent assessor based on the likely lost revenue using historical data at the published daily rate. This clause specifically refers to instances of exceptional abuse, carelessness or negligence where the customer is at fault.
g. Any costs or charges arising from the use of incorrect fuel
h. Any charges arising from Customs and Excise seizing the vehicle, together with a loss-of-income charge while we cannot rent out the vehicle, if and when we demand this payment.
i. Any agreed charges for delivering and collecting the vehicle.
j. Interest which we will add every day to an amount you do not pay us on time, at the rate of 4% a year above the base lending rate of Barclays Bank as published from time to time.
k. Valued added tax and all other taxes on any of the charges listed above, as appropriate.
You are responsible for all charges, even if you have asked someone else to be responsible for them.
7. Insurance
The vehicle will be supplied with fully comprehensive insurance and breakdown cover. There is no Damage Waiver option available. A refundable deposit will be taken before hire commences to cover the insurance excess.
If the vehicle is stolen and not recovered, you may have to pay up to 25% of its value, depending on the insurance terms and conditions.
We will supply full details of the insurance cover upon request and you will have the opportunity to view the documentation at the start of the hire period.
8. If you do have an accident
If you have an accident you must not admit responsibility. You should get the names and addresses of everyone involved, including witnesses. You should also:
- make the vehicle secure;
- tell the police immediately if anyone is injured or there is a disagreement over who is responsible;
- call our office immediately. You must then fill in our accident report form and send it to us as soon as possible
9. Vehicle Availability
In the event of the chosen vehicle being unavailable for any reason, we will offer an alternative vehicle if available. In the event of an alternative vehicle being unavailable the hirer’s responsibility is limited to return of all payments made by the hirer to date.
Please do not smoke or allow pets into our vehicles. Failure to comply will result in hire being cancelled and a charge being levied.
10. Ending the agreement
We will end this agreement immendiately if we discover that your belongings have been taken away from you to pay off your debts or a receiving order has been made against you. We may end this agreement if you do not meet the main requirements of this agreement.
If we end this agreement it will not affect our right to receive any money we are owed under the conditions of this agreement. We can also claim reasonable costs from you if you do not meet the main requirements of this agreement. We can repossess the vehicle (and charge you a reasonable amount) without using unreasonable force or causing damage.
11. Cancellation policy
In the event of cancellation by you up to 7 days before the hire period commences we will refund the full payment subject to an administration fee that will not exceed £25. For cancellations between 7 days and 48 hours before hire we will refund 50% of the full payment. Cancellations of less than 48 hours before the hire period commences will forfeit the full payment. If for any reason we have to cancel the hire we will make a full repayment.
We reserve the right to cancel the hire agreement if you do not meet insurance requirements or any of the information supplied by you is incorrect or cannot be verified. In such instances we will refund the hire cost in full subject to a discretionary cancellation fee that will not exceed the cancellation fee outlined above.
12. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
Terms and conditions amended 4th October 2010 - Section 3 adjusted to our insurance company's exact wording.