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Definitions:
In
this agreement the following definitions apply unless the context requires
otherwise
‘The
Company’ shall mean Cars for Stars Limited, registered in England and Wales,
company registration number 4747524
‘Employee’ shall have the meaning of
any employee of the company, including any driver or chauffeur employed by the
company or agency contracted by the Company
‘Hirer’ shall be deemed to be the
person who has signed the hire agreement and or the person responsible for the
payment of the hire
‘Hire’ shall mean the period for
which the vehicle has been hired or has been reserved for
‘Booking’ shall mean a period for
which the hirer has committed to the hire and the full amount of the hire has
been paid
‘Reservation’ shall been deemed to
mean a hire where a deposit has been paid to hold the date, but the full amount
has not been paid.
‘Vehicle’ shall mean any car or
limousines supplied by the company to the hirer
‘Party’ shall have the meaning person
or persons accompanying the hirer as his or her guest or invitees
‘Chauffeur’ shall mean the driver of
the vehicle
1.
Responsibility
The hirer shall be responsible for
the proper behaviour of all of the passengers and shall be primarily responsible
for any damage caused to the vehicle howsoever caused. It is an express
condition of the hire that the hirer accepts this responsibility.
The hirer shall be fully responsible
and liable for any damage caused both inside and outside the vehicle by the
hirer or a member of his or her party, howsoever caused. This includes
incitement or behaviour resulting in damage to the vehicle or its contents by a
third party. The hirer expressly agrees to be held liable for the retail cost of
any repair as a consequence of any damage caused. The hirer further agrees that
the company may at its entire discretion determine the company who will effect
the repairs. Furthermore, the hirer shall be responsible for payment of a fixed
rate, which shall be determined by the company, at its sole discretion for the
period during which the vehicle cannot be used as a consequence of said damage
and repairs. That notwithstanding, the hirer shall also be responsible for any
further losses which are incurred as a result of lost bookings.
The hirer holds the company harmless
of any liability for any personal or material damages arising from the conduct
of his or her party.
The company shall not be held liable
or responsible for any articles left in the vehicle and the hirer specifically
indemnifies the company from any such responsibility and undertakes to advise
all other persons in his or her party.
2. General Conduct
The hirer is responsible for the
general conduct and behaviour of his or her party.
The consumption of food is not
permitted in any of the vehicles unless specific agreement has been made to the
contrary at the time of the booking and agreed in writing.
Where complimentary drinks are
supplied by the company, these must be consumed in the vehicle and may not be
removed for any reason whatsoever. In the event that drinks are removed, then
the company may at its sole discretion, recover the replacement cost from the
hirer. The company will not allow red wine to be consumed in the vehicle at any
time owing to the potential damage to the interior as a consequence of spillage.
The opening of champagne bottles can
be hazardous to the occupants of the vehicle and may give rise to damage to the
vehicle; therefore, champagne bottles may only be opened by the chauffeur or by
the hirer or his or her party outside and away from the vehicle.
The hirer accepts responsibility on
behalf of the hirer’s party for any losses of the property of the company that
is provided in the limousine for the benefit or the pleasure of the passengers.
This is includes, but is not limited to, glassware, CD’s, DVD’s, Video tapers
and the like.
3. Safety
The hirer accepts that the company
adopts a strict no smoking policy in all of its vehicles and that any failure to
adhere to this policy will result in the immediate termination of this agreement
without any refund. In addition to which, the hirer shall be held responsible
for the cost of a valet and any damage caused as a consequence of the hirer of
his or her party failing to adhere to this agreement.
It is a legal requirement that all
passengers wear a seat belt where fitted. All of our vehicles are fitted with
seat belts up to the maximum number of passengers allowed by law. Therefore, all
passengers in the party are required to wear a seat belt; failure to do so, will
result in the immediate termination of the hire, without any form of
compensation. The hirer specifically indemnifies the company and the chauffeur
against any fines imposed as a consequence of the passengers failing to comply
with this legal requirement.
The company does not permit that
taking of any illegal drugs or partaking of any illegal activities whilst in the
vehicle, failure to abide by this condition will result in the immediate
termination of the hire without compensation.
The hirer expressly accepts that
except in cases of an emergency, only the chauffeur may open and close doors,
this is a safety precaution to minimise the risk of accidents and damage to the
vehicle. The company will not be held responsible for accidents caused as a
consequence of the hirer or his or her party failing to adhere to this condition
and the hirer accepts for responsibility for any damage to the vehicle and or
any third party as a result of the hirer or hirer’s party failing to adhere to
this condition.
The company gives notice to the
hirer, who shall undertake to advise all others in his or her party of the
transmission hump in the centre of our stretched limousines, which must be
negotiated with care when entering and exiting the vehicle. The company shall
not be held liable or responsible for any incidents which occur as a failure to
heed this advice.
The maximum number of passengers that
can legally be carried in the vehicle is 8, the hirer expressly accepts this
legal restriction and accepts that the chauffeur shall be required by the
company to refuse to carry more than the statutory maximum. The hirer further
accepts that failure to adhere to this road traffic regulation would likely
result in the vehicle and its passengers being uninsured. In addition, the
chauffeur and the company could be fined as a consequence. Therefore there will
be no compromises on the safety issue.
The hirer accepts that owing to
weight, there must be a restriction on the amount of luggage that can be safely
and legally carried in our vehicles. Therefore, the hirer should, if in doubt,
advise the company of the number of pieces of luggage that they wish to carry,
the dimensions and the approximate weight. The company will then use its nest
endeavours to provide advise on the suitability for carriage in terms of size
and weight. However, the hirer expressly agrees that the final decision as to
the decision on whether or not the luggage can be safely or practically carried
is with the chauffeur. The hirer expressly accepts that the decision of the
chauffeur shall be final and indemnifies the company against any loss,
consequential or otherwise as a result of the decision of the chauffeur.
Irresponsible behaviour which could
give rise to damage to the vehicle or endanger the safety of the other
passengers will not be tolerated in any form. This includes, but is not
restricted to; sitting on the exterior of the vehicle, hanging out of the
windows, shouting abuse to other road users or pedestrians out of the window,
rudeness or intolerance with the chauffeur, misuse of the equipment, fixtures or
consumable within the vehicle and wilful damage to the interior generally. Such
behaviour may, at the sole discretion of the chauffeur, the company or its
employees result in the immediate termination of the hire without compensation.
In addition, the hirer shall be held liable and responsible for any loss,
howsoever caused, by the irresponsible behaviour of his or her party.
4. Limitation of liability
The hirer accepts and indemnifies the
company and its employees against any loss, consequential or otherwise as a
result, direct or otherwise of a failure to meet time deadlines. It is the
responsibility of the hirer to ensure that there is adequate time to travel to
and from destinations, the company or its employees will provide advice, but
this does not form any part of a contract between the hirer, the hirer’s party
or the company and its employees.
Furthermore, the hirer indemnifies
the company against any and all claims as a result, direct or otherwise,
consequential or otherwise, of a failure to arrive at the destination at the
appropriate time or at all.
The hirer expressly accepts that in car
entertainment such as television screens, video and DVD equipment is provided as
a courtesy and its use and/or availability does not form part of the Hire. In
the event that any equipment fitted to the Vehicle malfunctions prior to or
during the hire, the company accepts no liability whatsoever and no compensation
shall be provided in such instances, nor will the company accept any claims for
any form of refund.
In the event that a vehicle is
subject to an accident or mechanical failure, or is no longer safe to drive,
then the company shall make alternative arrangements to get the hirer and his or
her to their destination. The company may at its entire discretion determine the
method of onward travel, alternatively the hirer, or his or her party may make
alternative arrangements at their cost, for which no claim can be made against
the company. The hirer specifically accepts that the hire is based on a best
endeavours basis and therefore, no specific guarantees can be made in terms of
time, reliability of the vehicle and events out our of the direct control of the
chauffeur or the company.
The Company assumes no responsibility nor does it
provide any guarantees whatsoever for ensuring that the Hirer arrives at his or
her destination on time. It is entirely the responsibility of the Hirer to
determine whether the vehicle has been hired for a period sufficient to cover
eventualities such as, but not limited to, traffic accidents, roadworks and peak
traffic periods. In addition, the Hirer is responsible for ensuring that the
Hire commences at a time which allows for such eventualities. The Company will
not provide any refunds for such eventualities and any additional time over and
above the Booking period shall be charged at the appropriate rate.
The company reserves the right to
change the specification of the vehicle at any time, provided that where the
replacement vehicle is of a lesser value or specification, an appropriate
adjustment is made in favour of the hirer. The company undertakes to use its
best endeavours to ensure that the vehicle booked is the one provided for the
hire.
5. Payments and Deposits
To make a reservation the hirer shall
be required to pay a deposit when making a reservation which shall be the higher
of the two: in the amount of 25% of the hire charge plus VAT; or £100 plus VAT.
VAT will be charged at the appropriate rate. Reservations are accepted on a best
endeavours basis and the company may at its entire discretion, cancel the
agreement up to 21 days prior to the date reserved. Conversely, the hirer may
cancel up to 21 days prior to the booking and receive a full refund. However, in
the case of weddings, the period during which the hirer can cancel and receive a
refund is extended to is 45 days.
The hirer may elect to pay the full
amount of the hire at the time of making the reservation in order to confirm the
booking. However, the hirer accepts that once a booking is made to confirm the
hire, no refunds will be provided for any reasons whatsoever. That
notwithstanding, the company will consider at its sole discretion, claims for a
partial refund where it can be demonstrated that the circumstances could not be
seen by the hirer and provided, in any event, that the cancellation or claim for
a partial refund is at least 28 days prior to the date of the confirmed hire. In
the case of weddings, no refunds will be provided where the cancellation takes
place less than 45 days from the date of the booking.
Payments of the full of the balance
of the hire becomes payable 14 days prior to the date of the hire, in the case
of wedding bookings, payment in full must be received 45 days before the date of
the hire, failure to pay in this time may result in the cancellation of the
agreement and the loss of any deposit paid.
Where payment is past its due date,
but has not been received, this shall be deemed a breach of this agreement and
the full amount of the hire shall become immediately due from the hirer; the
company may also at its sole discretion cancel the hire agreement, whilst
pursing the claim against the hirer. The fact that the hire may not take place
as a result of this breach does not derogate the responsibility of the hirer to
pay the full amount due.
The hirer agrees to pay a deposit of
£150 including VAT at least 14 days prior to the hire by way of a deposit
against damage to the vehicle or its contents. This deposit will be returned at
the end of the hire provided there are no claims against it. The amount of the
deposit does not limit any subsequent claim for loss or damages by the company
against the hirer.
The company requires that a credit
card is provided prior to, or on the night of the hire as a security against any
damage or loss sustained by the company.
6. Additional charges
Time permitting; the chauffeur may be
willing to collect additional passengers, subject to the maximum that the
vehicle can carry, at alternative locations. However, any additional mileage or
time shall be charged to the hirer. Whilst the chauffeur will attempt to
accommodate any last minute changes, the final decision will remain with the
chauffeur and the hirer expressly accepts this arrangement.
In the event that the time or
location of the hire is changed prior to the booking or at the time of the
booking, the company expressly reserves the right to make any additional charges
and to set such charges against the hirer’s deposit or credit card.
Where a hire extends beyond the period of the
Booking for whatever reason including, but not limited to traffic jams,
accidents and diversions, the Hirer accepts that this additional time and
mileage shall be charged to the Hirer's account.
In the event that the vehicle has
been left in an unreasonable condition by the hirer or his or her party, then
the company reserves the right to charge for the cost of a valet. Such
circumstances that could give rise to this charge include, but are not limited
to; spillage of food or drinks and illness. The minimum cost of a valet is
£117.50 including VAT, but this amount could increase dependant on the
consequential damage. The responsibility for reimbursement of such cost is that
of the hirer.
Unless advised otherwise, the hirer
shall be responsible for any parking charges, which shall be charged at cost on
the night or will be set against any deposit held by the company.
Where the chauffeur has to collect
the hirer or his or her passengers at a specific time and is kept waiting for
more than 15 minutes, then the company shall make an additional charge based on
increments of 30 minutes at the appropriate rate. In the case of airport
collections, the company assumes a waiting time of 30 minutes before any charges
are imposed for waiting time and parking.
7. Other conditions
Any hirer must be over the age of 18.
Notwithstanding that account holding
customers invoices only become due 14 days following the date of the hire, all
other condition pertaining to payment remain in force, including cancellation
clauses.
In the event that the hirer is a
business then that company shall assume the responsibility of the hirer and will
be bound to advise the party or passengers of the terms and conditions of this
hire.
If any term or condition is found to
be invalid for any reason whatsoever this shall not deem this agreement to be
invalid and all other terms shall remain in force.
The company may at its entire
discretion refuse any hire without explanation or reason.
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