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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.
‘The
Licensee’ shall mean a business, individual or partnership that is Licensed by
Cars for Stars Limited to trade under the Cars for Stars brand name subject to a
License Agreement, but which is completely independent of Cars for Stars
Limited.
‘Licensee Agreement’ refers to the agreement between Cars for Stars Limited and
the Licensee governing the conditions attached to the continued use of the Cars
for Stars brand name.
‘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 or Licensee
‘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
'Hire Agreement' shall have the meaning of the
contract between the Hirer and the Company for which these terms and conditions
apply
‘Booking’ shall mean a period for
which the hirer has committed to the hire and the full amount of the hire has
been paid
'Booking Form' shall mean form signed by the Hirer
accepting these terms and conditions and providing detail of the Hire, Deposit
and Balance.
‘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
limousine supplied by the company to the hirer
'Deposit' shall mean the amount due under the terms
of this agreement to secure a reservation
'Balance' shall mean the amount due under the terms
of this agreement, less any deposits paid.
‘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
'Hire Charge' shall mean the amount due at any time
under the terms of this agreement
'Due Date' shall mean the date that the balance of
the Hire Charge is due
'Special Events' shall mean weddings, Horse Racing
Days (such as Ascot), Sporting Event Finals or play off's, Public Holidays,
Concerts or any other hire that exceeds 8 hours in duration.
1.
Responsibility
The Hire Agreement shall be between the Hirer and
the Company. The Hirer specifically acknowledges, understands and accepts that
the Company operates as a Licensee under a Licensee Agreement with Cars for
Stars Limited. The Hirer accepts that Cars for Stars Limited cannot and will not
be held responsible for any failure of the Company to perform any or all of its
obligations to the Hirer. Any right of redress howsoever caused shall remain
vested between the Hirer and the Company. The Hirer accepts that whilst the
Licensee Agreement governs the conduct, standards and operating procedures of
the Licensee, this Licensee Agreement remains completely independent of any
agreement reached between the Hirer and the Company. As a consequence the Hirer
acknowledges and accepts that the Licensee Agreement does not permit Cars for
Stars Limited, or any other third party, related or otherwise, to intervene in
the event of a dispute between the Hirer and the Company. Where the Company is
Cars for Stars Limited, then all obligations and responsibilities of the Company
will remain with Cars for Stars Limited.
The Hirer accepts that Cars for Stars is a
registered trademark and whilst it may be used by the Company to form part of
the trading style of the Company, it is not a legal entity and therefore,
irrespective of the trading style, or the use of the name Cars for Stars, the
Hire Agreement and therefore any references to the Company must be in the name
of the Company and not Cars for Stars. The Hirer specifically agrees and
warrants that in the event of a dispute that reference will only be made in name
of the Company.
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 or Licensee may at its entire discretion determine the organisation who will effect
the repairs. Furthermore, the Hirer shall be responsible for payment of a fixed
rate, which shall be determined by the Company or Licensee, 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 or
Licensee harmless
of any liability for any personal or material damages arising from the conduct
of his or her party.
The Company or Licensee shall not be held liable
or responsible for any articles left in the vehicle and the Hirer specifically
indemnifies the Company or Licensee from any such responsibility and undertakes to advise
all other persons in his or her party. Where the Company is requested to
return an article that has been left in the Vehicle the Hirer specifically
indemnified the Company from any responsibility for loss in transit. In
addition, the Hirer agrees to pay the Company any costs incurred for the return
of the article. Unless requested in writing, the Company will return the article
using the standard postal service. Where the article is considered to be of high
value then it will be the responsibility of the Hirer to arrange collection.
The
Company or Licensee
cannot guarantee to collect the Hirer
or the Hirer's party from any specific location due to in part, road
restrictions and limitations of the Vehicle itself, the
Company or Licensee
and the
Chauffeur will use its best endeavours to collect the Hirer or the Hirer's party
from the designated address, but shall not be obliged to do so. Where a direct
collection from a specific address or location is not possible, the Chauffeur
will contact the Hirer to advise an alternative location or address for
collection of the Hirer or the Hirer's party. The Hirer expressly accepts this
condition.
If in the sole opinion of the
Company or Licensee
or the
Chauffeur, the weather conditions are such that the safety of the Hirer, the
Chauffeur or the Vehicle may be compromised or placed at risk then the
Company or Licensee
or
the Chauffeur may at its entire discretion cancel the Hire in part or in its
entirety. In such circumstances the liability of the
Company or Licensee
shall be limited to
a refund the Hire Charge. For the avoidance of doubt, if the Hire has not
commenced, then this shall be limited to the amount paid for the Hire by the
Hirer, if the Hire is curtailed during the journey, then the calculation of any
refund shall be based on a percentage of the Hire charge to be determined at the
entire discretion of the
Company or Licensee. The Hirer expressly accepts that the
Company or Licensee
or the Chauffeur shall retain this discretion in
the interests of the safety of the occupants and the Vehicle, furthermore, the Hirer expressly accepts that the
liability of the Company shall be limited to any refund of the Hire charge or
part thereof.
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 or Licensee may at its sole discretion, recover the replacement cost from the
Hirer. The Company or Licensee 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 or damage to 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 tapes
and the like.
3. Safety
The Hirer accepts that the Company or Licensee
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 the Hire
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 or Licensee and the Chauffeur
against any fines imposed as a consequence of the passengers failing to comply
with this legal requirement.
The Company or Licensee does not
permit the 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 any refund.
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 or Licensee 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 or Licensee 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 or Licensee 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 or Licensee could be prosecuted as a consequence. Therefore there will
be no compromises on the safety issue.
Where the Hirer has asked for a child seat to be
fitted, it is the responsibility of the Hirer to ensure that the seat is
correctly fitted before placing an infant into the seat. If the Hirer does not
consider that the seat provides sufficient protection or that it is not fitted
correctly, then the Hirer shall not allow the infant to travel. The child seat is
provided as a courtesy to the Hirer and or the Hirer's party and does not form
part of the contract for Hire. therefore, the
Company or Licensee
shall not be held
responsible if the infant cannot travel.
The Hirer accepts that owing to
weight restrictions, there must be a limit 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 or Licensee in writing and in advance of the Hire of the number of pieces of luggage that they wish to carry,
the dimensions and the approximate weight. The Company or Licensee will then use its best
endeavours to provide advice on the suitability for carriage in terms of size
and weight. However, the Hirer expressly agrees that the final determination 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 or Licensee 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
limited to; sitting on the exterior of the vehicle, hanging out of the
windows, shouting abuse to other road users or pedestrians,
rudeness or intolerance directed at the Chauffeur, misuse of the equipment, fixtures or
consumable within the Vehicle and wilful or accidental damage to the Vehicle generally. Such
behaviour may, at the sole discretion of the Chauffeur, the Company or Licensee 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 or Licensee and its employees against any loss, consequential or otherwise as a
result, direct or otherwise of a failure to meet time deadlines. It is entirely the
responsibility of the Hirer to ensure that there is adequate time to travel to
and from destinations, the Company or Licensee or its employees will provide advice, but
this does not form any part of the contract between the Hirer, the Hirer’s party
or the Company or Licensee and its Employees.
Furthermore, the Hirer indemnifies
the Company or Licensee 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 or Licensee
accepts no liability whatsoever and no compensation
shall be provided in such instances, nor will the
Company or Licensee
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 or Licensee shall make alternative arrangements to get the Hirer and his or
her party to their destination. The Company or Licensee 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 or Licensee. 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/or events out our of the direct control of
the Chauffeur or the Company or Licensee.
The
Company or Licensee
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, roadwork's 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 or Licensee
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.
Where time is critical, this includes, but is not
limited to Special Events, the
Company or Licensee
recommends that the Hirer allows sufficient
time to ensure that no disruption to the schedule is incurred as a result of
unexpected or unavoidable delays. When planning for such events, the
Company or Licensee
recommends that the Hirer ensures the Vehicle is at the collection point at
least one hour prior to departure. The Hirer accept full responsibility for
failing to follow this advice and in any event indemnifies the
Company or Licensee and its Employees against any loss,
consequential or otherwise as a result, direct or otherwise of a failure to meet
time deadlines.
Where the
Company or Licensee
accepts responsibility whether in
full or in part for a failure to perform its obligations under the terms of this
contract then the extent of any liability shall be limited to the Hire Charge.
The Company or Licensee 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 or Licensee undertakes to use its
best endeavours to ensure that the Vehicle booked is the one provided for the
Hire.
Although the
Company or Licensee
rarely does so, the
Company or Licensee
reserves the right to sub-contract any Hire to a third party without reference
to the Hirer, in such circumstances The
Company or Licensee
shall be responsible for payment
to the 3rd party of charges relating to the standard Hire. However, in the event
that any additional services are provided, which include, but are not limited
to, excess mileage, additional hours or damage to the Vehicle then the
Company or Licensee
retains all rights to charge the Hirer.
5. Payments and Deposits
To make a reservation the Hirer shall
be required to pay a Deposit 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 or Licensee may at its entire discretion, cancel the
Hire up to 21 days prior to the Hire date. Conversely, the Hirer may
cancel up to 21 days prior to the Hire date and receive a full refund less a
charge of £75 plus VAT to cover administration costs and loss of potential
earnings. However, in the case of weddings
and Special Events the period during which the Hirer can cancel and
receive a refund is extended to 45 days, less a charge of £150 plus VAT to cover administration charges
and loss of potential earnings.
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 confirmed, no refunds will be provided for any reasons whatsoever. That
notwithstanding, the Company or Licensee will consider at its sole discretion, claims for a
partial refund where it can be demonstrated that the circumstances could not be
foreseen 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 and Special Events Hire, no refunds will be provided where
the cancellation takes place less than 45 days from the date of the booking. In
all cases where a cancellation is permitted, any refund will be provided after
the deduction of administration charges of £75 plus VAT for standard Hires or
£150 plus VAT for weddings
and Special Events Hires.
The Balance becomes due 14 days prior to the date of the
Hire except in the case of a Special Event Hire, where payment in full must be received 28 days prior to the date of
the Hire. Failure to pay in on or before the Due Date will result in the cancellation of the
Hire and the loss of any Deposit paid. The Hirer accepts that the Company or Licensee does not issue a reminder when the Balance is due and it is entirely the Hirer's
responsibility to ensure that the Balance is paid on or before the Due Date.
Where payment has not been discharged
by the Due Date, this shall be deemed a breach of this Hire Agreement and
the full amount of the Hire shall become immediately due from the Hirer; the Company or Licensee 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 or Licensee against the
Hirer.
Where payments are made by cheque, the Hirer is
responsible for ensuring that payment is received by the
Company or Licensee
in sufficient
time to allow clearance by the Due Date. The
Company or Licensee
will not under any
circumstances whatsoever, complete a Hire where payment has not cleared on the
Due Date, or in any event on the date of the Hire.
The Company or Licensee 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 or Licensee.
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 Hirer makes any changes to
the Booking Form within 14 days of the date of the Hire, then the Company shall
charge £10 plus VAT for each instance and the Hirer agrees to pay such charges
immediately.
Where changes made prior to the Hire result in
additional mileage or additional hours then the Hirer accepts that an additional
charge will become immediately due in accordance with
the charge schedule indicated on the Booking Form. It is the Hirers
responsibility, if in doubt, to confirm with the Company or Licensee the current
charges for additional hours and excess mileage, any failure to do so will not
derogate the Hirer's responsibility to pay the charges.
Where the Hire extends beyond the period of the
Booking for any reason whatsoever 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 or Licensee 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, smoking 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 and any toll or congestion charges, which shall be charged at cost on
the night or will be set against any deposit held by the Company or Licensee.
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 or Licensee 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.
Where payment is made by credit card, whether in
part or in full the
Company or Licensee
shall add 4% of the value to cover the transaction
charges paid by the
Company or Licensee,this
charge will not be applied where payment is made via a BACS transfer, debit card
or cheque.
7. Other conditions
Any Hirer must be over the age of 18.
In the event that all passengers on the Hire are
minors, the Company reserves the right to insist that an appropriate adult is in
attendance at all times, either in the Vehicle or following the Vehicle. In the
event that no appropriate adult is available and unless the Company has agreed
to this in advance, the Chauffeur or the Company reserves the right to refuse
the Hire without right of a refund.
The Company will not allow alcohol to be served to
minors whilst in the Vehicle and the Hirer shall be responsible for ensuring
that the Company is advised of any passenger under the age of 18 years. In the
event that minors are seen to be consuming alcohol, then the Chauffeur shall be
entitled to confiscate and dispose of all alcohol and/or terminate the Hire at
his or her entire discretion without entitlement to a refund.
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 business 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 or Licensee may at its entire
discretion refuse any Hire without explanation or reason.
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