Under the Bonnet

Terms & Conditions of Rental Agreement with Dales Classic Car Hire Limited

 

Your Rental Agreement with us:

Hirers are requested to read and accept these Terms and Conditions carefully before completing/signing the booking/order form and before the hire can be completed.  If there is anything you do not understand or do not agree with, please speak to any member of our rental staff for guidance.

 

Vehicle Availability:

We will always use our best endeavours to supply the vehicle you chose on the dates you chose.  However there could be circumstances in which that is not possible, e.g. accident damage, in which case we will notify you as soon as possible and you will have a choice of an alternative vehicle, alternative date(s), or a full refund.  We are not responsible for any consequential loss in any circumstances arising from non-availability.

 

Identification:

Your driving licence (both parts where applicable) must be produced each and every time you collect a hired vehicle from us.  In addition, you must produce two further means of identification which must include a utilities bill to you at your present address or an official letter to you at your present address.  Copies of these documents will be taken by us.  You will also be required to leave a landline telephone number where you can be contacted either during the day or evening.

 

Note: Our rental staff reserves the right to refuse your rental if you do not produce your driving licence or identification documents in accordance with the attached list headed “Proof of Identity documents”, or for any other reason.

 

Driving Licence:

All drivers must be in possession of a current, full valid driving licence.  UK Licence holders, with the new style driving licence MUST produce both the photo card and the paper counterpart.  Drivers with foreign driving licences must present their own national licence, plus an International Driving Permit (IDP) if a non EU, EEA resident.  All other drivers may drive in the UK for up to one year from commencement of residency in accordance with the current DVLA restrictions.  Sight of their Passport is required for proof of entry.

 

Additional drivers:

In addition to the main hirer, it is possible for two other hirers to be insured to drive the vehicle, provided they meet our insurance requirements.

 

Fuel:

Our rental staff will note on the pre-rental check form and rental agreement, the reading of the fuel gauge.  You are requested to return the vehicle with the same amount of fuel as you commenced the rental.  A re-fuelling charge will be made if it is necessary to bring the level of fuel up to where it was when you took the vehicle, and this amount will be deducted from the security deposit.  Upon return of the vehicle, no refund will be given for any fuel in excess of the original reading.

 

Hiring period:

You have the vehicle for the rental period shown in the booking/order form.  We may agree to extend this rental period but only at our sole discretion, and only to a maximum of 14 days.

 

If you do not bring the vehicle back on time we will charge you for every day or part-day you have the vehicle after it should have been returned at the daily rate shown on the booking/order form.  If you are unavoidably detained please let us know immediately so that we can extend the insurance cover.

 

The vehicle can only be collected and returned during our published opening hours, other than by prior arrangement subject to staff availability.

 

Payments:

The full cost of rental is to be paid at the time of booking.  Because we want to encourage hirers to look after our cars, there is no damage waiver option available and you will be required to agree that you have not taken out a third party damage waiver.  A refundable security deposit will be taken by credit or debit card on the day of hire before hire commences to cover the insurance excess and any fuel or other payments that may become due.  Major credit/debit cards must make payment only for the cost of rental and a major credit card must also be used for the security deposit.

 

Your responsibilities:

You will be given instructions on the vehicle and made aware of any special instructions relating to it.

 

You must abide by any special instructions given about the vehicle, and may not smoke or carry animals in the vehicle.  You must not drive it under the influence of drugs or alcohol.  You must protect the vehicle against bad weather which can cause damage, and be responsible for any loss or damage to property left in the vehicle.

 

Inevitably, old vehicles can be less reliable than modern ones and you have to accept the risk of a breakdown.  However, we will always ensure that the vehicle is supplied in a roadworthy condition.  Should it become un-roadworthy during the hire you must cease to drive it immediately.  You must let us know as soon as you become aware of a fault on the vehicle.  If you continue to drive the vehicle after it develops a fault then you may be liable for the cost of any consequential damage.  If you think that a fault may be developing with the vehicle you must stop and ring us.

 

You should not let anyone work on the vehicle without our permission.  Provided we have given permission for work any charges incurred are our responsibility, but otherwise they will not be refunded, and any damage caused during repairs will be charged to you.  You must be able to produce a receipt to support any claim for refund.

 

You must look after the vehicle and the keys to the vehicle.  You must remove the keys when you leave the vehicle, and use any locks and security devices fitted to it or supplied with it.  If you fail to do this and the vehicle is stolen you will be liable for the whole cost of replacement.

 

You are responsible for the cost of fuel, and any costs incurred should you need assistance because of running out of fuel.  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 are responsible for all fines and court costs for parking, traffic or other offences (including any costs which arise if the vehicle is clamped or impounded).  You must pay the appropriate authority any fines and costs if and when the authority demands this payment.

 

If you are involved in an accident or the vehicle is stolen always ring us immediately.  In the case of an accident, you must not admit liability.  If the vehicle is stolen report the theft to the Police immediately and obtain a crime number.

 

Your own vehicle may be left on our premises for the duration of the hire period at your own risk.

 

Insurance requirements:

Full details are addressed on the insurance proposal form, but generally drivers must be aged between 25 and 75, have a full licence for 2 years or more, have no more than 6 penalty points on their licence, have had no more than 1 claim in the past 3 years, and have no mental or physical problems which affect their ability to drive.

 

There are more detailed restrictions imposed by our insurers which may affect driver’s eligibility.  In some cases our insurers may accept drivers outside the normal requirements.  If in any doubt please ask before booking.

 

When you sign the insurance proposal form you will be confirming that the details you have entered on the insurance proposal form are correct as at the date of the hire.  If there are any changes to your details after you have returned the form to us (e.g. additional penalty points) please contact us immediately.

 

If you fail to disclose a relevant fact you will be held solely responsible for any losses, damages, or other economic effect and you agree to indemnify us accordingly.

 

What to do if you have an incident:

If you have an incident 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 straight away if anyone is injured or if there is a disagreement over who is responsible; and

 - Call our office straight away. Take photographs if possible.

 - You must then fill in our incident report form when you return the vehicle.  If this is not possible, verbal details can be taken from you but a copy of the information you have supplied will need to be verified and signed by you. In either case you must report the incident to us within 24 hours.

 

Damage to the vehicle:

Your responsibility is to return the vehicle in the same condition as it was issued.  In the event of damage to the vehicle your security deposit is immediately forfeit.  In the event that the cost of repairs is less than the value of the deposit we will refund the difference once the repairs are complete.  Where repairs are carried out by us we will charge £35.00 per hour for labour and parts will be re-charged at cost.

 

You will have to pay for reasonable costs of repair if there is any damage resulting from hitting low level objects, such as bridges, low branches, speed humps or kerbs; any extra damage which was not noted on our Condition Form at the start of the agreement, whether you were at fault or not; extra valeting time or special material or equipment is needed to restore the vehicle to its pre-rental condition.

 

For purposes of assessing damage, damage to paintwork and bodywork which fits inside a circle of 1cm diameter (e.g. stone chips) is not chargeable.  All other damage is always chargeable.

 

You will be liable for the full cost of repair, irrespective of the level of damage deposit, in the event of damage occurring as a result of driving that we consider reckless, dangerous or inappropriate.  You are similarly liable for mechanical damage caused by misuse, failure to stop in the event of a fault developing, or use of incorrect fuel.  This cost to be applied only following independent assessment of the vehicle.

 

Weather:

In the event of weather considered by us to make driving unsafe e.g. ice and/or snow, we will contact you and you will have a choice of alternative dates, or cancellation subject to our reservations fee (see cancellation).  Inclement weather does not constitute a reason for re-arranging dates.

 

Conditions for using the vehicle:

Only you or a named driver on the insurance application may drive the vehicle providing a full valid driving licence is held and a cover note has been issued to you.

You or your authorised named driver must not:

 - Use the vehicle for hire or reward.  Unless this extension has been applied to your certificate of insurance;

 - Use the vehicle for any illegal purpose;

 - Use the vehicle for racing, pace making, competitions, rallies, track days, trials or speed tests whether on the road, track, off road, land prepared for such use or the Nurburgring Nordschleife and whether the event is organised or informally arranged;

 - Use the vehicle whilst under the influence of alcohol and/or drugs;

 - Drive the vehicle outside England, Scotland and Wales, unless we have given you written permission;

 - Load the vehicle beyond the manufacturer’s maximum weight recommendations and make sure that the load is secured safely.

 

Towing:

You or your authorised named driver must not use the vehicle for towing unless we have given you written permission.

 

Returning rental vehicles:

Before you bring back the vehicle you must check that you have not left any personal belongings in the vehicle.  Vehicles must always be returned back to us during opening hours.  We will not accept responsibility for vehicles damaged or stolen from outside our premises if dropped-off after hours.

 

If we have agreed that you may return the vehicle outside business hours, you will remain responsible for the vehicle and its condition until it is re-inspected by a member of our staff.  If you do not bring the vehicle back on time you are breaking the conditions of this agreement.  We can charge you for every day you have the vehicle after you should have returned it to us.  Until we get the vehicle back we will charge you the daily rate you have rented the vehicle at.

 

You will have to pay for reasonable costs of repair if:

We have to pay extra costs to return the vehicle to its condition when the pre-rental inspection was carried out (for example, if extra valeting time or special material or equipment is needed to restore the vehicle to its pre-rental condition).

Or the vehicle has been damaged whilst in your care.

 

Overseas travel:

You or your authorised driver must not take the vehicle outside of England, Scotland or Wales.

 

Our responsibilities:

We have maintained the vehicle to at least the manufacturer’s recommended standard.  We assure you that the vehicle is roadworthy and suitable for renting at the start of the rental period.  In addition, if you are not renting the vehicle for business purposes, we are responsible for loss cause 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 of its age;

The vehicle not being fit to drive; or not having the legal right to rent out the vehicle.

We are responsible if someone is injured or dies because of our negligent act, or failure to act.  We are also responsible for losses you suffer because of us breaking this agreement.  Losses are foreseeable where you and we could contemplate them 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).

 

Property:

We are only responsible for loss or damage to property left in the vehicle if the loss or damage results from our negligence or a breach of contract.

 

Charges:

We work out charges using our current price list.

You will pay the following charges:

 - The rental and any other charges we work out according to the agreement;

 - Any charge for loss or damage due to you not keeping to your responsibilities;

 - 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 rates printed on the booking/order form;

 - 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 on your behalf;

 - A loss of income charge, when we demand it, if we cannot rent out the vehicle because it needs to be repaired or it is a write-off (can’t be repaired).

 - Any published rates for delivering and collecting the vehicle;

 - Interest which we will add every day to any amount you do not pay us on time, at the rate of 4% a year above the base lending rate of Barclays Bank PLC; and

 - Value 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.

 

Ending the agreement:

If you are an individual, we will end this agreement straight away if we find out 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 you are a company, we will end this agreement straight away if:

 - You go into liquidation;

 - You call a meeting of creditors; we find out that your goods have been taken away from you until you pay off your debts; or

 - You do not meet any of the conditions 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.

 

Cancellation:

Provided the start of your hire is more than 14 days away you can cancel your booking by emailing info@dalesclassiccarhire.co.uk and receive a full refund.  Thereafter, no refund is given. For cancellation to be valid you must be in receipt of an email from us confirming acknowledgement of that cancellation. We will endeavour to send out confirmation of cancellation requests within 24 hours. If no such acknowledgment is received it is your responsibility to chase by email and phone to obtain confirmation of cancellation.

 

Data Protection:

You agree that we may use any information you have given us to carry out our own market research.  If you break the agreement we can give this information to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors and any other relevant organisation.

 

Governing Law:

This agreement is governed by English law.

 

Severance:

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid, illegal or unenforceable provision eliminated.

 

Please note that insurance cover is subject to the expiry date on the cover note.  If the date and time overlaps with the return of the vehicle, contact must be made with the Dales Classic Car Hire Limited to  ensure continuation of insurance cover. The Insurance cover is invalid if hire has been paid for in cash.

 

 

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info@dalesclassiccarhire.com

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