STARCARHIRE.CO.UK - TERMS AND CONDITIONS OF SERVICE
- Please read the following Terms and Conditions carefully
- Receipt of a completed Booking Form will indicate that you accept wholly the Terms and Conditions
• Definitions and Interpretation
• In this agreement the following definitions apply unless the context requires otherwise:
'Booking' shall mean a period for which the Client has committed to the Hire
'Client' shall be deemed to be the person who has organised the Hire and is responsible for the payment of the Hire
'Company' shall mean Star Car Hire or Star Car Hire Weddings Ltd
'Driver' shall mean the chauffeur of the Vehicle
'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
'Guests' shall have the meaning of any person or persons accompanying the Client as his invitees
'Hire' shall mean the contract between the Company and the Client for the Hire of a Vehicle, incorporating these terms and conditions
'Reservation' shall be deemed to mean a Hire where a deposit has been paid to hold the date, but the full amount has yet to be paid
'Vehicle' shall mean any form of transport including, but not limited to, car, truck, van, bike or bus supplied by the Company to the Client
• A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
• Words in the singular include the plural and in the plural include the singular.
• A reference to one gender includes a reference to the other gender.
• Application of terms
• Subject to any variation under condition 2.3, the Hire shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Client purports to apply under any booking form, order, confirmation of order, specification or other document).
• No terms or conditions endorsed on, delivered with or contained in the Client's booking form, order, confirmation of order, specification or other document shall form part of the Hire simply as a result of such document being referred to in the Hire.
• These conditions apply to all the Company's Hires and any variation to these conditions and any representations about the Hire shall have no effect unless expressly agreed in writing and signed by the Company or any Employee of the Company. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation.
• Receipt of a completed booking form from the Client shall be deemed to be an offer by the Client for the Hire subject to these conditions.
• The Client shall ensure that the terms of its booking form and any applicable specification are complete and accurate.
• Any quotation is given on the basis that no Hire shall come into existence until the Company despatches a booking form to the Client and receives a completed booking form from the Client. If the Company does not receive a completed booking form and deposit from the Client within 7 days of being issued, the Company reserves the right to cancel any reservations made by the Client and release the date to another party. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.
• Responsibility
• The responsibility for any damage caused to the Vehicle by the Client or his Guests shall solely rest on the Client. It is an express condition of the Hire that the Client accepts this responsibility. All damage, howsoever caused, to the inside or outside of the Vehicle, including that caused by a third party following incitement by the Client or his Guests, shall be the responsibility of the Client. The Company can choose whom it wishes to make the necessary repairs, and the retail cost of said repairs shall be paid for by the Client. In addition the Client shall be solely responsible for making good the loss to the Company of having its Vehicle out of use. This shall be calculated by the Company, at its sole discretion, and will constitute a payment of a fixed rate for however long the Vehicle is not in service as a result of the damage caused. That notwithstanding, the Client shall also be responsible for any further losses that are incurred as a result of lost bookings.
• The Company accepts no responsibility for any belongings of the Client or his Guests that may be left in the Vehicle subsequent to the Hire. Furthermore the Client indemnifies the Company from any such responsibility and undertakes to advise all Guests.
• The Company does not accept any liability from any material or personal damages arising from the conduct of the Client or any of his Guests.
• The Client accepts responsibility on behalf of himself and on behalf of his Guests for any damage or loss suffered by the Company in relation to the property in the Vehicle that may be supplied for the entertainment of the passengers.
• Safety
• A strict no smoking policy is employed by the Company in all Vehicles. Failure to adhere to this policy will result in the Hire being terminated with immediate effect; furthermore there will be no refund. The cost of repair of damage to the Vehicle caused by a breach of the no smoking policy, including the cost of a valet, shall rest with the Client.
• The commission of any illegal or unlawful act or omission by the Client or his Guests shall result in the immediate termination of the Hire without compensation. In the event of the Client or any of his Guests failing to wear a seatbelt, where fitted, the Hire will be terminated without any refund, and furthermore the Client will indemnify the Company and the driver against any and all fines imposed as a consequence of the breach of the legal requirement.
• Under no circumstances will the Driver carry more passengers in the Vehicle than is legally permitted. In addition the Company imposes a restriction on the total weight of luggage that the client and his Guests may take onboard the Vehicle. If in doubt, the Client should contact the Company for advice on the luggage restrictions. However, the Client expressly agrees that the final decision regarding whether or not the luggage can be safely carried is with the driver.
• Irresponsible behaviour on the part of the Client or any of his Guests inside or outside of the Vehicle during the course of the Hire will not be tolerated. At the sole discretion of the Driver, the Company or any of its Employees the Hire will be immediately terminated without recompense. Furthermore the Client will be held responsible for any loss, howsoever caused, by his own irresponsible behaviour or that of his Guests.
• General Conduct
• The Client is responsible for his own behaviour and conduct, and that of his Guests.
• Any and all complimentary drinks that are supplied by the Company must be consumed by the Client inside the Vehicle. Under no circumstance may the drinks be removed from the Vehicle. In the event of a breach of this condition the Company may at its sole discretion recover the cost of the removed drinks from the Client.
• Food may not be consumed in the Vehicle unless this has been agreed in writing prior to the Hire date. In addition, due to the safety issues surrounding the opening of a champagne bottle, this may only be carried out by the Driver, or the Client or one of his Guests outside away from the Vehicle.
• The Client expressly accepts that only the Driver may open and close the Vehicle's doors (save in the case of an emergency). In the event that this condition is not adhered to, the Company will not be held responsible for accidents caused as a consequence; rather the Client accepts full responsibility for any damage caused to the Vehicle and/or to any third party.
• Price
• Unless otherwise agreed by the Company in writing, the price of the Hire shall be the price set out in the Company's price list published on the date of the Hire.
• The price of the Hire is inclusive of all value added tax.
• Payment
• To secure a reservation a deposit payment will be required, the amount of which will be decided on a case-by-case basis. Both parties to the Hire contract, the Company and the Client, may cancel the agreement up to 21 days prior to the Hire date however a £50 non refundable administration charge will be retained by the Company where a booking is cancelled by the Client.
• In the event that the due date for payment has passed and the consideration has not been received, this will constitute a breach of this agreement and the full amount of the Hire shall become immediately due from the Client; the Company at its sole discretion, may also cancel the agreement while pursuing the claim against the Client. The responsibility to pay the full amount due remains with the Client, even if the Hire may not happen due to the breach of the agreement on the Client's part.
• The full balance of the Hire must be paid at least 14 days prior to the event. Failure to adhere to this may result in a cancellation of the Hire agreement and the loss of any deposit paid.
• The Company may require that a credit card be given, either prior to the Hire date or on the night/day of the event as a security against any damage or loss sustained by the company.
• In the event that the Client elects to pay the full balance of the Hire at the time of reservation in order to confirm the booking, the Client then accepts that as the booking has been confirmed, no refunds will be provided. However, the Company, at its sole discretion may consider a partial refund where the Client can show that the events that led to the cancellation of the booking could not have been foreseen, and that the claim for the partial refund was made at least 21 days prior to the Hire date. No refunds at all will be provided in the case of weddings where the cancellation takes place less than 21 days from the date of the event.
• Limitation of Liability
• It is the Client's responsibility to ensure that there is adequate time to travel to and from destinations. Advice can be provided by the Company, however this will not amount to a contractual obligation on the part of the Company to meet any time estimates.
• The Company undertakes to use its best endeavours to ensure that the Vehicle booked is the one provided for the Hire. However, the Company reserves the right to alter the type of Vehicle at any time. In the event that the replacement Vehicle is of a lesser value an appropriate adjustment will be made to the Hire cost.
• The Client specifically accepts that the Hire agreement is founded on the Company using its best endeavours and therefore, no specific guarantees are made in terms of time, the reliability of the Vehicle or indeed events that are outside the direct control of the Driver. If a Vehicle is involved in an accident or suffers mechanical failure, the Company shall endeavour to make alternative arrangements to get the Client and his Guests to their destination. The method of alternative travel shall be decided by the Company at their absolute discretion, subject to the Client being able to make alternative arrangements at their own cost, for which no claim can be made against the Company.
• The Client shall indemnify the Company against any and all claims as a result of a failure to arrive at the agreed destination on time, or indeed at all.
• Additional Charges
• The Company expressly reserves the right to make any additional charges to the Client in the event that the time or location of the Hire is altered subsequent to booking.
• Additional charges may also be made if, at the request of the Client and time permitting, the Driver agrees to collect additional passengers (subject to the legal maximum the Vehicle can carry) from alternative locations. There are no guarantees that this arrangement will be possible and the Client expressly agrees that the final decision on this matter shall be with the Driver.
• The Client agrees that he is responsible for any parking charges that may arise on the night/at the event, and will be set against any deposit held by the Company.
• If a Vehicle is left in an unreasonable condition by the Client or his Guests the responsibility to cover the cost of a valet of the Vehicle will be with the Client. The Company at its sole discretion may determine what constitutes an unreasonable condition and the Client expressly agrees to this. The minimum cost of a valet is £100, which may increase depending on the Vehicle's condition.
• In the event of the Driver being kept waiting on the Client, or any or all of his Guests, for more than 15 minutes when a specific time has been agreed for a pick-up, the Company shall make an additional charge based on increments of 30 minutes at the appropriate rate. Regarding airport collections, the Company will assume a waiting time of 30 minutes before any charges are imposed for waiting and parking.
• Assignment
• The Company may assign the Hire or any part of it to any person, firm or company.
• The Client shall not be entitled to assign the Hire or any part of it without the prior written consent of the Company.
• The Company reserves the right to defer the date of Hire or to cancel the Hire (without liability to the Client) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers, provided that, if the event in question continues for a continuous period in excess of 30 days, the Client shall be entitled to give notice in writing to the Company to terminate the Hire.
• Data Protection
• The Clients' personal details will be held and/or transferred in strict accordance with the applicable data protection laws. The Clients' personal details will not be disclosed to any other company, and will only be used to keep the Clients updated with the Company's services. Clients may, however, instruct the Company not to use their details for direct marketing purposes.
• General
• Each right or remedy of the Company under the Hire is without prejudice to any other right or remedy of the Company whether under the Hire or not.
• If any provision of the Hire is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Hire and the remainder of such provision shall continue in full force and effect.
• Failure or delay by the Company in enforcing or partially enforcing any provision of the Hire shall not be construed as a waiver of any of its rights under the Hire.
• Any waiver by the Company of any breach of, or any default under, any provision of the Hire by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Hire.
• The parties to the Hire do not intend that any term of the Hire shall be enforceable by virtue of the Hires (Rights of Third Parties) Act 1999 by any person that is not a party to it.
• The formation, existence, construction, performance, validity and all aspects of the Hire shall be governed by Northern Irish law and the parties submit to the non-exclusive jurisdiction of the Northern Ireland courts.
• If the Client is a business then that business shall assume all responsibilities of the Client in this agreement and will be bound to advise the Guests of these terms and conditions of the Hire.
• The Client must be over the age of 18.
• The Company may at its absolute discretion refuse any Hire without explanation or reason.
• If the Vehicle to be hirer is a stretched limousine, the Client undertakes to inform all Guests of the transmission hump in the centre of the Vehicle. It is imperative that this is negotiated with care on entry and exit of the Vehicle. The Company shall not be held responsible for any incidents which occur as a result of this advice not being adhered to.
• The Company may take photographs or make videos at Client weddings and events for use on the Company's website or promotional material. If the Client shall object to this, the Client must advise the Company at the time of booking confirmation.
• Unless otherwise stated on the Company's website or advertising material, all Vehicles listed are replica or similar models to the original vehicles used in television shows or movies. |
