
© Classic Escapes Limited 2006
These terms may not be reproduced by any party, business or organisation in full or in part without the express written agreement of Classic Escapes Limited.
Terms and Conditions of Vehicle Hire
Terms and Conditions relating to Classic Escapes Inclusive Holidays
1.1 By signing the Application Form and/or Hire Agreement you thereby accept responsibility for the personal information provided by you as to yourself and any nominated driver, and accept the current version of these Terms and Conditions; by giving us your credit or debit card details you authorise us to obtain a pre-authorisation code for the cautionary deposit, and to debit to your card charges or surcharges pursuant to the Hire Agreement (see below as to circumstances in which surcharges may be made).
1.2 We reserve the right to decline any prospective client, driver or individual hire arrangement, whether by reason of driving record, accident history, creditworthiness or any other reason.
1.3 Irrespective of where you are resident or where the initial booking was made, the Hire Agreement and these Terms and Conditions will be governed by English law. The Hire Agreement must be signed by you or your nominated driver at the point of delivery or collection of the Vehicle.
2.1 As a general rule you or your nominated driver will be eligible to drive one of our Vehicles if you are aged between 25 and 70 years old and have held a full British driving licence for more than 5 years at the start date of the Hire; have a relatively blemish free driving record, however detailed restrictions on drivers are imposed by our insurers, which are addressed on the Insurance Proposal Form and which may affect your eligibility or hire charges. Those not holding a UK issued drivers licence should make this known at the point of booking.
2.2 We will make a charge of £20 for a second person to be included as a nominated driver for the purposes of the Hire Agreement.
2.3 When returning the Hire Application Form & Insurance Proposal Form you must answer each question in full and return it to us with a photocopy of the relevant driver’s licence(s) AND photocopy of the paper addendum for photo card licences. Before signing the Hire Agreement at the vehicle handover you must produce in respect of each nominated driver that person’s original driving licence plus two further forms of personal identification, at least one of which must show that person’s current home address.
2.4 By signature of the Hire Agreement you consent to a photograph being taken of the client or the nominated driver beside the Vehicle, which photograph will be kept on file by us for six months, and you also agree to sign the hire start and completion certificates at either end of the hire period.
2.5 If our insurance policy is invalidated or an insurance claim is rejected because you failed to disclose a relevant fact to our insurers we will hold you solely responsible for any losses, damages or other economic effect, and you agree to indemnify us accordingly.
3.1 In order to make your booking for a proposed Vehicle and hire date we require you to pay us a non-refundable deposit equal to 35% of the anticipated hire charge; the balance of the hire charge will then become payable 28 days before the hire start date.
3.2 If you cancel your booking we may at our option offer you a 35% discount voucher in recognition of the non-refundable deposit received by us, which voucher may then be redeemed against a future hire arrangement.
3.3 We reserve the right to cancel a hire booking at or before the start time should the weather conditions in our sole opinion be dangerous or extremely inclement; you may then choose either to rearrange the hire date or to require us to pay you a full refund of the amount received by us.
3.4 Should we have to cancel the hire for any other reason, we will give you as much notice as possible and will offer you the choice of a full refund of the amount paid by you or to rearrange the hire dates.
3.5 We may at our option extend the hire period at your request, subject to your payment of the agreed additional hire charges, but in no event may the duration of the hire period exceed 30 days in the aggregate.
3.6 Gift Letter or Gift Vouchers purchased from us, paid in full pending hire dates, do not qualify for refunds of any type, unless points 3.3 or 3.4 apply after hire dates have been agreed.
Our Charges Include:
4.1 Comprehensive motor insurance of the Vehicle for each nominated driver accepted by our insurers, subject to the terms of our insurance policy;
4.2 Use of the Vehicle for unlimited mileage within the counties of Devon and Cornwall during the hire period, PROVIDED THAT written permission from one of our directors is required for you to take the vehicle outside Devon and Cornwall;
4.3 AA Breakdown Cover against the possibility of a mechanical failure or breakdown of the Vehicle; as a first option and priority we will try (but can not guarantee) to come out to assist with any breakdown situation which you may encounter; and
4.4 Value Added Tax in respect of our standard charges, but not in respect of any surcharges, on which VAT will be added to the invoice where relevant.
5.1 Before the hire starts, we will require a cautionary deposit from you as security for the Vehicle and any related costs; this deposit should be made by way of a credit or debit card whereby we will obtain a valid pre-authorisation code for the relevant amount;
5.2 Provided that the Vehicle is returned to us at the end of the hire in the same condition as at start of the hire, excepting normal wear and tear, and no other charges are payable, the pre-authorisation code will be cancelled and we will not take any charges from your card;
5.3 If the Vehicle suffers any noticeable damage during the hire period, the whole of the pre-authorised deposit will be utilised and any over payment will be reimbursed to you after the repair is completed. If required by you an independent professional estimate will be obtained for the costs of repair;
5.4 If accident damage is caused to the Vehicle by another party in a road traffic accident then the cautionary deposit will be returned to you if and to the extent that the other party or his motor insurer meets our costs of rectifying the damage to the Vehicle;
5.5 The cautionary deposit may also be utilised by us to discharge the additional charges or surcharges, plus any relevant VAT, arising pursuant to these
By prior arrangement you may hire the Vehicle for successive periods of 24 hours for a maximum of 30 days in total. You hereby undertake to ensure that during the hire period the Vehicle will not be used:
6.1 for onward hire or reward, or for driving tuition, racing, pace-making, rallying, competitive hill-climbing, speed-testing, off-road trials or any other such sporting competition, or for any illegal purpose;
6.2 when in an unroadworthy condition; while we will supply the Vehicle at start of the hire in a roadworthy condition, if the Vehicle ceases to be roadworthy during the hire period you must cease to drive it whilst in this condition, and must inform us immediately of the circumstances, which must be rectified as necessary by us or a third party before you proceed on the public road;
6.3 when overloaded with luggage, goods or an excessive number of passengers, or to tow or push any other vehicle or trailer, or in any other way that contravenes the Highway Code or relevant road traffic laws;
6.4 for carrying pets or animals or any other item which because of its smell or condition may harm or damage the Vehicle or make it unfit for hire as a high quality classic car;
6.5 for any journey outside the United Kingdom without our express written permission – failure to observe this term will be considered theft and we will inform the police.
If you are in breach of any of the above restrictions on use, you will be liable for all additional costs and for rectifying any damage or expense on return of the Vehicle and you agree to indemnify us accordingly.
In consideration of our accepting your booking via the Hire Application Form and Insurance Proposal Form and/or your signature of the Hire Agreement, you hereby agree:
7.1 That we may verify through credit agencies, the DVLA or any other source the personal, driving and credit information provided by you for yourself and any nominated driver;
7.2 Not to allow anyone other than those persons expressly authorised by our insurers and nominated in the Hire Agreement to drive the Vehicle;
7.3 To ensure that neither you nor any nominated driver will drive the Vehicle whilst unfit to drive, whether as a result of drugs or a medical condition, or having a blood alcohol concentration level above the limit prescribed by current UK road traffic legislation;
7.4 Not to leave the Vehicle unlocked at any time nor fail to secure the keys at any time when you are not physically with the Vehicle;
7.5 To protect the interests of ourselves and our insurers at all times, and to take care not to behave in an imprudent manner in relation to the security of the Vehicle, nor to give access to the Vehicle in such a way as it may be endangered or stolen.
7.6 Not to damage or behave recklessly in the Vehicle, in such a way as to cause damage to the Vehicle itself or personal injury to yourself, passengers or third parties;
7.7 To pay all fines and court costs whether for parking, traffic or other legal violations which may be raised in respect of the period when the Vehicle has been in your control, whether the same are raised against you, a nominated driver or the registered keeper of the Vehicle; should the registered keeper be pursued for payment of any such fines or costs we reserve the right to debit your card in order to discharge such payments;
7.8 If the Vehicle is stolen, to report the theft to us and to the police immediately and in any event within 8 hours of the Vehicle being stolen, and to obtain a crime reference number from the police;
7.9 In the case of an accident involving the Vehicle, to ensure that the names and addresses of all witnesses are collected on the spot; to complete and deliver to us an accident report form within 12 hours after the accident; to ensure that no admission of liability of the driver is made at the time of the accident; to deliver to us a copy of any writ or summons or other document relating to any proceedings arising out of such accident; and to ensure that all necessary assistance is thereafter rendered to us and our insurers for the conduct of any proceedings or negotiations.
7.10 To return the Vehicle to us in the same condition as received by you, ordinary wear and tear excepted, at the due date and time specified in the Hire Agreement;
By signature of the Application Form and/or Hire Agreement you agree to pay to us and hereby authorise us to collect through your pre-authorised card, both the agreed hire charges and any payments that fall due to us in the following circumstances (plus VAT where relevant):
8.1 Any surcharge imposed by our insurers by reference to the driving record or circumstances of yourself or a nominated driver, or any unusual hire details;
8.2 A surcharge of £50 if you do not return the Vehicle with a full tank of fuel;
8.3 If you refill the Vehicle with the wrong fuel in breach of our instructions, all costs incurred by us in having the fuel system cleaned or of rectifying any resultant damage to the Vehicle;
8.4 If the Vehicle is returned to us significantly later than agreed, a surcharge equal to twice the daily hire tariff; you should also note that if you are late in returning the Vehicle you may become uninsured and in that event will be solely responsible for any loss, damage or injury resulting from an accident taking place, for which you will be required to indemnify us in full; and
8.5 Any late payment by you will incur interest at 15% per annum and you will be liable for any costs incurred in our recovering outstanding charges and surcharges from you which are not paid promptly.
9.1 We will be under no liability to you or any third party whether in contract, tort or otherwise, for any loss of business, loss of profits or any other consequential loss arising out of or in connection with your use of (or inability to use) the Vehicle under the Hire Agreement.
9.2 You agree to indemnify us in respect of any loss, claim, liability, damage or expense incurred by us arising from your failure to observe any of these Terms and Conditions or of the Hire Agreement.
9.3 You will be responsible for safe keeping of any property belonging to yourself, any nominated driver or passenger in the Vehicle during the hire period, and we will not be responsible for theft or loss of any such property.
9.4 For the purposes of the Data Protection legislation for the time being you consent that we may hold and process by computer or otherwise any information provided by you to us to enable us to identify other products or services which may be relevant to you for statistical analysis.
9.5 Reference in these terms to the ‘company’, ‘we’, ‘us’, or ‘our’ are to this company, Classic Escapes Limited, and not to any person individually.
Cornwall Classic Car Hire, Devon Classic Car Hire and Classic Escapes are brand / trading names used under license by Classic Escapes Limited.
No amendment to these terms or any other part of this Contract will be effective unless recorded in writing and signed by you and a director of Classic Escapes Limited.
These terms are also applicable to clients taking an inclusive Classic Car Break or Inclusive Holiday with Classic Escapes Limited. The general terms for the inclusive client’s overall holiday are covered elsewhere.
Your contract is with Classic Escapes Limited. In compliance with the UK Package Travel, Package Holidays and Package Tours Regulations 1992 we will place money received from you in a separate trust account as your Security in the unlikely event of our financial failure.
To ensure that the contract between us is clear, please read these Booking Conditions together with all other information in the enclosed documentation before you sign your Booking Form. The person who signs the Booking Form does soon behalf of all members of the party named thereon and guarantees payment to us of the total cost of the holiday booking.
The Inclusive Holiday price includes those elements (such as accommodation and meals) referred to in the Booking Form and as set out in our documentation. Any items not included in our documentation (e.g. where accommodation is room only or bed & breakfast), drinks, travel to and from your holiday destination, travel insurance, airport taxes and duty, entrance to attractions and events, fuel whilst on holiday and items of personal expenditure must be borne by you.
We recommend that you take out a suitable travel insurance policy, the cost of which is not included in the above Inclusive Holiday Price. Whether or not you choose to take out travel insurance, by signature of the Booking Form you have accepted that we are not responsible for the risk of your own cancellation nor for loss or damage to your baggage or personal effects, money, travellers cheques or credit/debit cards, the cost of medical care or repatriation, if during your holiday you suffer any form of illness, accident or other medical emergency (other than medical treatment arising from a motor accident when using a vehicle, in accordance with the relevant terms and conditions of hire, of a vehicle supplied by us).
We set no specific itinerary for your holiday but provide ample local information for you to enjoy exploring the area. We ask that you arrive promptly for the start and completion of your holiday and if you have booked the hire of a classic car wherever possible closely observe the handover appointment times detailed on the Hire Application Form.
Should you require to make an alteration to your booking we will work with you as flexibly as possible to meet your requirements, but where your requested changes can not be accommodated, you will be bound by the contractual terms of your booking.
It is unlikely that we will have to make changes to your holiday, but arrangements may be planned some time in advance and we necessarily reserve the right to do so.
We will take all possible reasonable steps to provide the holiday to you in the agreed format, and as appropriate with the agreed classic car. Because of the specialised nature of classic hire vehicles we necessarily reserve the right to substitute the proposed car for a comparable vehicle, should the mechanical need arise. Older cars can from time to time be temperamental so we do not guarantee that the car booked by you will definitely be available, or that there will be no mechanical trouble during your holiday. Accordingly we reserve the right to substitute another car for the one booked, although we will do our best to cope with any problem with the least disruption to you and your holiday should a problem occur.
Under exceptional circumstances where we have no other option, we reserve the right in our absolute discretion to cancel your holiday; in which event we will give you a full refund of monies paid, and the opportunity to re-book a suitable alternative holiday.
In order to book your inclusive holiday we require you to pay us a non-refundable deposit of 35% of the total holiday price. The balance is payable 28 days before the start date. Should the holiday be booked less than 28 days before the start date, full payment for the holiday is payable at the time of booking.
Due to the relatively short time period prior to the proposed holiday, once the balance has been paid or with bookings made in full inside the 28 day period, the full price of the holiday becomes non-refundable. We therefore strongly recommend that you take out adequate travel insurance to cover possible cancellation on your part.
Should you or any member of your party be forced to cancel your reservation once it has been booked, a valid cancellation can be made only by written instruction and signed by the person who made the original booking instruction. The effective date of cancellation is when we receive your written cancellation instructions at our office. You may choose to substitute someone for the cancelling member of your party, but acceptance of this person as suitable will be at our discretion.
We reserve the right in our absolute discretion to terminate forthwith the holiday arrangements of any passenger who is unfit to travel or whose behaviour is in our opinion likely to cause distress, damage, danger or annoyance to our other clients or to any third party; in which event our responsibility for your holiday will cease, and we shall be under no obligation to pay any refund, compensation or costs to you. We have no control over the behaviour of other persons staying at or visiting your holiday accommodation and we are not responsible for any withdrawal or impairment of facilities or other loss or damage so caused by them. Under no circumstances are you entitled to share or sub-let your accommodation with anyone other than those shown on your holiday booking form.
We are not responsible for any delays in your transportation to and from your holiday destination. However, in certain circumstances you may be able to make a claim under your travel insurance policy.
We seek to provide you with a successful, trouble-free holiday, but we accept that sometimes even the best prepared plans can go wrong. If this happens and you find that you are in any way dissatisfied with our service, you should advise us immediately. Should your complaint not be resolved during the course of your holiday, you should report the complaint in writing to the Classic Escapes Limited office no later than 14 days after completion of the holiday, quoting your booking reference. Please note that no complaints can be considered after that date.
We accept responsibility for your holiday arrangements and for ensuring that the services you receive are of the standard described in the brochure or on our website. However, in the unlikely event that services are found to fall below a reasonable standard or are not as described in the brochure our liability is hereby limited to the full cost of the holiday, exclusive of insurance premiums.
We accept responsibility for the acts and omissions of our employees, agents, sub-contractors and suppliers whilst acting in the course of their employment or contract with us. Should you or any member of your party suffer personal injury or death as a result of their proven negligence or breach of contract, we will accept responsibility but please note:
(a) all claims must be made known to us immediately and full written details should, where possible, be provided within 14 days of the scheduled completion of the holiday;
(b) where any payment is made by us or our insurers, the claimants must assign to us or our insurers his or her rights against any third party and must give full co-operation to enable us to pursue a claim;
(c) when you travel with a sea or rail carrier, the Conditions of Carriage of that carrier apply (these conditions are often subject of international conventions which limit or exclude liability), and are not part of this inclusive holiday contract unless such transportation has been arranged as part of the service offered by us;
(d) the liability of the hotelier may be limited in accordance with the Paris Convention of 1962 on the liability of hotelkeepers;
(e) We do not accept liability for loss, damage or expense as a result of unusual or unforeseeable circumstances beyond our control (including but not limited to war or threat of war, riots, civil strife, terrorist activity, industrial disputes, technical problems to transport, natural and nuclear disasters, fire, closure or congestion of airports or ports, cancellation or changes of schedules by airlines or ports.
Reference in these terms to the 'company', 'we', 'us', or 'our' are to this company, Classic Escapes Limited, and not to any person individually.
Cornwall Classic Car Hire, Devon Classic Car Hire and Classic Escapes are licensed trading names of Classic Escapes Limited.
No amendment to these terms or any other part of this Contract will be effective unless recorded in writing and signed by you and a director of Classic Escapes Limited.
As appropriate: the specific terms and conditions relating to the use of a classic car supplied by us are contained on the Hire Agreement relating to the hire/use of the car in question. Please read this in conjunction with these Inclusive Holiday terms.
CLASSIC ESCAPES LIMITED
7th October 2006
© Classic Escapes Limited 2006