STAR CAR HIRE VEHICLE HIRE AGREEMENT
WHAT IS THIS DOCUMENT? this document, which along with the Booking Details forms the Vehicle Hire Agreement, explains the basis upon which you, as the Customer, may hire a Vehicle from a Vehicle Owner via the Platform. Please read these terms carefully, because they comprise a legal agreement which will bind you as the Customer and the Vehicle Owner. Unless we are named as the owner of the Vehicle in the Booking Details, Star Car Hire is not a party to this agreement.
BY CLICKING “ACCEPT” YOU ARE CONFIRMING THAT YOU AGREE TO AND ACCEPT THE TERMS OF THIS AGREEMENT AS A CONTRACT BETWEEN YOU, AS THE CUSTOMER, AND THE VEHICLE OWNER. THE CONTRACT WILL BE FORMED AT THE POINT YOU MAKE YOUR BOOKING. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK “ACCEPT”.
AGREED TERMS
1. DEFINITIONS AND INTERPRETATION
1.1 The definitions and rules of interpretation in this clause apply in this Vehicle Hire Agreement:
Additional Charges means the amounts chargeable by the Vehicle Owner to you in accordance with clause 2.7 below.
Booking means, in relation to a Vehicle, a booking made by you to hire the Vehicle from the Vehicle Owner.
Booking Details means the particular booking details confirmed by you on the Platform when the Booking is made including the type of event, the Payment Date, the Vehicle Owner, the Vehicle Details, the Vehicle Hire Date, location, collection and delivery times and duration requirements, insurance obligations and any other particular requirements or specifications relating to the Booking and subject to any changes expressly agreed in writing by both Parties with written notice to Star Car Hire.
Cancellation Period means 30 days prior to the Vehicle Hire Date;
Commencement Date means the date on which the booking is made by you;
Controller has the meaning given to it in the Data Protection Legislation.
Data Subject means any individual who can be identified from the User Personal Data.
Data Protection Legislation means the Data Protection Act 2018, the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (the Data Protection Regulations), the General Data Protection Regulation (EU) 2016/679 (as applicable), the UK GDPR (as defined in the Data Protection Regulations) and any other applicable laws relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner or a relevant central government body in relation to such laws.
Booking Fee means the booking fee charged by Star Car Hire to you to reserve a Booking.
Content means the images, recordings, sound files, documents data, content and/or information contained on the Platform, including any Vehicle Details.
Customer/you means you, the person accepting the terms of this Vehicle Hire Agreement to hire a Vehicle via the Platform.
Force Majeure Event means any act, event, omission or accident beyond the reasonable control of a Party, including but not limited to royal demise, national mourning, fire, epidemic, war, strikes, lockout or by reason of order of any licensing or public authority and which affect the performance by that Party of its obligations under this Vehicle Hire Agreement.
Hire Price means the price payable by you to hire a Vehicle under the terms of this Vehicle Hire Agreement.
Parties means each of the Customer and the Vehicle Owner, and Party means either of the Parties.
Payment Date means the date when the Hire Price is due for payment (which shall be confirmed as part of the Booking Details).
Personal Data shall have the meaning given to it in the Data Protection Legislation.
Platform means Star Car Hire’s website at www.starcarhire.co.uk (or such other address as Star Car Hire may from time to time determine).
Platform Use Agreement means the agreement (which terms can be accessed here) entered into between you and Star Car Hire when you make a Booking.
Star Car Hire means Star Car Hire Limited, a company registered in Northern Ireland (Company Number NI057689) and whose registered office is at 6 Doagh Road, Ballyclare, County Antrim, BT39 9BG.
User Personal Data has the meaning given in clause 3.1.
Vehicle means a vehicle or prop offered by the Vehicle Owner for hire via the Platform. For the avoidance of doubt, unless otherwise stated on the Platform, any references to ‘TV and Movie’ Vehicles are replica or similar models to the original vehicles used in the relative television shows or films.
Vehicle Details means any and all images, content and/or information uploaded and/or provided by and/or behalf of the Vehicle Owner in relation to the Vehicle.
Vehicle Hire Agreement means these terms and includes the Booking Details.
Vehicle Hire Date means the first day on which the Vehicle hire commences in accordance with the Vehicle Hire Agreement.
Vehicle Owner means the individual or entity whose name and address is given as the Vehicle Owner as identified in the Booking Details.
your Associates means each and every person accompanying you or otherwise present during all or any of the performance of the hire services for the Booking or otherwise any person to whom you give access to or enable or facilitate their access to or use of the Vehicle.
2. OBLIGATIONS
2.1 Each of you and the Vehicle Owner undertake to perform its/your obligations imposed by this Vehicle Hire Agreement in good faith, and without unreasonable delay.
2.2 The Vehicle Owner acknowledges and agrees that when you make a Booking, the Booking and related hire services will be made under the terms of this Vehicle Hire Agreement. Until your booking has been confirmed and the Booking Fee paid you have no rights under this Vehicle Hire Agreement. The Vehicle Owner reserves sole discretion as to whether or not to accept a Booking and may refuse to do so without any requirement to provide you with a reason.
2.3 The Vehicle Owner undertakes to you at all times during the term of this Vehicle Hire Agreement for the purposes of the Booking:
2.3.1 to ensure that the Vehicle is fully taxed, is in possession of a valid MOT certificate or any broadly similar certificate in the applicable jurisdiction (in each case where legally required) and is fully and appropriately insured (save as provided as otherwise agreed at clause 2.4.1 below) and licensed for the duration of the performance of the Booking, and otherwise complies with all legal and regulatory requirements which apply to the Vehicle for the duration of the performance of the Booking;
2.3.2 to fulfil the Booking in all respects; and
2.3.3 to provide the Customer with notification promptly upon becoming aware that it may not, or will not, be able to fulfil any material requirement of the Booking (which shall include any inability to meet any timing requirements of the Booking).
2.4 You undertake to the Vehicle Owner at all times during the term of this Vehicle Hire Agreement that:
2.4.1 if the Booking is for commercial events, you shall ensure that you have appropriate event, production and product liability insurance under your production cover, and that all necessary permits are in place, in respect of the Vehicle throughout the period of the Booking;
2.4.2 unless prior written consent is obtained from the Vehicle Owner, you shall not and you shall procure that no one else shall sit or lie on the exterior body of the Vehicle;
2.4.3 you shall obtain all necessary licences required from the applicable brand owner or licensor to use or include any images of the Vehicle and/or brand names, branding, get up, designs or logos on or connected with the Vehicle for any commercial purposes;
2.4.4 in the case of television and film work or any other event where a third party is provided by you to drive the Vehicle, you shall ensure that each such third party is fully licensed and appropriately insured for the duration of the performance of the Booking, and otherwise complies with all legal and regulatory requirements which apply to such driver at the time of and throughout the performance of the Booking;
2.4.5 you shall ensure that all necessary permits and licenses (which may include but shall not be limited to parking permits, filming permits, notification to local authorities) are obtained prior to the commencement of the Booking and remain in force throughout the duration of the Booking;
2.4.6 you will not smoke in the Vehicle;
2.4.7 you will not perform any illegal or unlawful act or omission at any time during the performance of the Booking or involving the Vehicle or Content in any way at any time whatsoever, and will at all times comply with applicable law;
2.4.8 you will not cause any damage to the Vehicle (including but not limited to damages to paintwork or otherwise), whether caused by you or through your incitement of any third party or otherwise;
2.4.9 you will immediately comply with any reasonable request of the Vehicle Owner made in the interests of your or another party’s health and/or safety;
2.4.10 you will at all times wear a seatbelt in the Vehicle where fitted and you will ensure that any other passengers in the Vehicle also wear a seatbelt where fitted and will comply with all reasonable health and safety requirements and behave sensibly when using or accessing the Vehicle to ensure your own safety and the safety of your Associates;
2.4.11 you will not try to procure that the Vehicle carry more passengers than is legally permitted;
2.4.12 you will comply with any restrictions on the size, weight or amount of luggage that the Vehicle Owner imposes (if in doubt, please contact the Vehicle Owner for advice on luggage restrictions);
2.4.13 only the designated driver of the Vehicle may open and close the Vehicle’s doors (save in the case of an emergency) and you will be responsible for any accidences caused as a consequence of a breach of this provision; and
2.4.14 you will procure compliance with each obligation of this clause 2.4 by each of your Associates.
2.5 Where the Booking provides that you and/or anyone provided by you or on your behalf will drive the Vehicle, you undertake to the Vehicle Owner at all times during the term of this Vehicle Hire Agreement:
2.5.1 to look after the Vehicle and its keys, always locking the Vehicle when not in the Vehicle, and using any security device fitted to or supplied with the Vehicle;
2.5.2 to use all reasonable endeavours to protect the Vehicle from any bad weather which can cause damage;
2.5.3 to use the correct fuel for the Vehicle;
2.5.4 save as otherwise agreed in the Booking Details, to ensure that the Vehicle is only used on public roads and for normal driving purposes;
2.5.5 not to let anyone work or operate on the Vehicle in the form of repairs without the Vehicle Owner’s express prior permission;
2.5.6 at the end of the performance of the Booking, to deliver the Vehicle back to the location and by no later than the time agreed in accordance with the Booking Details and in same condition as when received;
2.5.7 not to use the Vehicle in a faulty condition, and immediately to inform the Vehicle Owner upon becoming aware of any faults/damage in or on the Vehicle;
2.5.8 to permit the Vehicle Owner and/or its authorised representative any reasonable request to inspect the Vehicle at any moment during the hire;
2.5.9 in the event of an accident involving the Vehicle:
2.5.9.1 not to admit responsibility;
2.5.9.2 to obtain the names, address of everyone involved and the witnesses at the scene;
2.5.9.3 to make the Vehicle secure; and
2.5.9.4 to inform the police and relevant emergency services immediately if anyone is injured or if there is a disagreement over who is responsible, and to let the Vehicle Owner know all details immediately, and afterwards upon the Vehicle Owner’s reasonable request;
2.5.10 not to use the Vehicle for hire or reward, nor for any form of racing, testing the vehicle or track days unless specifically permitted within the Booking;
2.5.11 not to allow the Vehicle to leave the country in which the Vehicle is Booked unless expressly permitted within the Booking Details;
2.5.12 not to use the Vehicle under the influence of drugs or alcohol;
2.5.13 not to use or allow the Vehicle to be used in violation of the provisions of any act or regulations affecting the use, loading or condition of the vehicle or for any illegal purpose;
2.5.14 to ensure that all information provided by you as part of the Booking is correct. You acknowledge and agree that if you provide any incorrect or incomplete information, the Vehicle Owner may be prevented from complying with the Booking, and will have no liability to you for breach of the Booking to the extent reasonably caused by your provision of incorrect or incomplete information;
2.5.15 not to consume food or drinks in the Vehicle, unless agreed as part of the Booking Details and if so agreed and provided by the Vehicle Owner, any such complementary drinks and related materials must remain in the Vehicle and must not be removed;
2.5.16 to be responsible, where you have hired the Vehicle for the purposes of a static display, for providing all of the necessary security arrangements to protect the Vehicle (including without limitation ensuring that the Vehicle is roped off from all members of the public); and
2.5.17 to procure compliance with each obligation of this clause 2.5 by each of your Associates.
2.6 You acknowledge and agree that:
2.6.1 it is solely your responsibility to ensure that the duration of the hire is sufficient for your requirements and that you have included suitable travel time to and from collection or delivery locations. Any time estimates provided by the Vehicle Owner will not form part of the Booking Details;
2.6.2 provided that no Personal Data is collected for the purpose without consent, you authorise the Vehicle Owner (or their driver) to take photographs or make videos of the Vehicle during the performance of Bookings for their own website and promotional purposes. If you do not agree to this, you must notify the Vehicle Owner prior to the Booking; and
2.6.3 unless otherwise stated on the Platform, any references to ‘TV and Movie’ Vehicles are replica or similar models to the original vehicles used in the relative television shows or films.
2.7 You expressly acknowledge and agree that:
2.7.1 it is your responsibility to ensure that the Vehicle is collected, delivered or available for collection in accordance with the agreed Booking Details, if the Vehicle is not so collected, returned, the Vehicle Owner shall be entitled to charge you for an extension of the booking period until the Vehicle is so returned or available for collection and for any costs directly incurred by the Vehicle Owner as a result;
2.7.2 the Vehicle Owner shall be entitled to charge you for any additional requests made by you after the Booking has been made including, any additional pick ups and collections, any changes to agreed location and any other changes whatsoever;
2.7.3 the Vehicle Owner shall be entitled to charge you for any parking fines or similar incurred by the Vehicle Owner or involving the Vehicle during the performance of the Booking;
2.7.4 if the Vehicle is not returned in a clean condition, the Vehicle Owner shall be entitled to invoice you for any cleaning or valet costs required by the Vehicle Owner,
2.7.5 additional fees for any additional time for which the Vehicle is required or any delay in the availability or return of the Vehicle after the event,
and in each case you undertake to pay any such Additional Charges promptly to the Vehicle Owner (or its designated nominee) within 7 days of receipt of an invoice or request.
2.8 You undertake to indemnify, keep indemnified and hold harmless the Vehicle Owner against any claims, fines, penalties, losses, liabilities, expenses (including reasonable legal expenses) incurred by the Vehicle Owner as a result of any third-party claim against the Vehicle Owner arising in connection with the use by your or your Associates use of the Vehicle and/or any breach of this Vehicle Hire Agreement.
3. DATA PROTECTION
3.1 The Personal Data which the Vehicle Owner collects about you and your Associates and which you collect about the Vehicle Owner, will be processed in accordance with this clause 3.
3.2 For the purposes of the Data Protection Legislation each Party will be acting as Controller in respect of its use of the Personal Data collected by it in accordance with clause 3.1 (in relation to such Party, its Collected Data), and will comply with its obligations under the Data Protection Legislation as Controller in respect of any Collected Data.
4. PAYMENTS AND CANCELLATION
4.1 You acknowledge and understand that:
4.1.1 the Booking Fee is the fee payable by you to Star Car Hire to reserve a Booking and is subject to, and payable in accordance with the Platform Use Agreement; and
4.1.2 the Hire Price is the price payable by you to hire the Vehicle in accordance with this Vehicle Hire Agreement.
4.2 The payment for each Booking shall operate as follows:
4.2.1 if a Booking is for a wedding (which shall be included in the Booking Details):
(a) the Booking once approved by the Vehicle Owner will be confirmed after payment of the Booking Fee to Star Car Hire, as notified to each Party by Star Car Hire; and
(b) the Hire Price shall be payable in full to the Vehicle Owner on the Vehicle Hire Date; and
(c) any Additional Charges shall be payable in full to the Vehicle Owner within 7 days of receipt of an invoice or request;
4.2.2 if a Booking is for an event other than a wedding (which shall be included in the Booking Details):
(a) once approved by the Vehicle Owner, the Booking will be confirmed after payment of the Booking Fee to Star Car Hire, as notified to each Party by Star Car Hire;
(b) the full Hire Price shall be payable to Star Car Hire (acting on behalf of the Vehicle Owner) on the date agreed in the Booking Details or on the Vehicle Hire Date (if no such date is specified); and
(c) any Additional Charges shall be payable in full to the Vehicle Owner within 7 days of receipt of an invoice or request.
4.3 Once a Booking has been confirmed in accordance with clause 4.2 above it may not be changed and the following terms shall apply:
4.3.1 if the Vehicle Owner cancels the Booking for any reason other than a breach by you of this Agreement or in the circumstances set out in clause 5.4.2, the Vehicle Owner shall refund (or procure the refund) to you in full of the Hire Price (and the Booking Fee shall be refundable by Star Car Hire in accordance with the terms of the Platform Use Agreement);
4.3.2 if you cancel the Booking:
4.3.2.1 at any time during the Cancellation Period, the Vehicle Owner shall refund (or procure the refund) to you of the Hire Price in full;
4.3.2.2 after the Cancellation Period, the Hire Price will not be refunded.
4.4 If you would like to cancel your Booking you can do so by following our cancellation instructions which can be found here.
4.5 For the avoidance of doubt (and subject always to the Vehicle Owner’s right to cancel, curtail or terminate the Booking if you have breached this agreement), any attempt by the Vehicle Owner or you to amend or change the Booking Details (unless such amendment or variation is expressly agreed in advance and in writing and notified to Star Car Hire) or any failure by you to pay the Hire Price on the Payment Date (if due before the Vehicle Hire Date) shall be treated as a cancellation by the person seeking such change or failing to make the payment and the provisions of clause 4.3 shall apply.
4.6 Each party agrees that the Hire Price is inclusive of all the costs of hire payable by you under the terms of the Vehicle Hire Agreement and no additional costs or expenses may be passed on to you for the fulfilment of the Booking save for the Additional Charges and provided that nothing in this clause 4.6 shall limit or restrict the Vehicle Owner’s right to make any claim for any remedy under this Vehicle Hire Agreement.
4.7 You will comply with any reasonable request by the Vehicle Owner to provide full details of a credit card, either prior to or on the date of the Booking, as security against any damage or loss sustained by the Vehicle Owner through the actions of the Customer or any of your Associates and authorise the Vehicle Owner to use the details to take payments for any such damage or loss sustained.
4.8 By making any payments under this Vehicle Hire Agreement and/or providing any payment details in accordance with clause 4.7, you:
4.8.1 warrant and represent that you are over 18 years of age and that at the time the details are used or the payment made, you have all necessary authority and consents required to permit the details to be used or payments to be made in accordance with this Vehicle Hire Agreement; and
4.8.2 agree to be bound by and comply with the terms of such third party payment processor as may be used by the Vehicle Owner from time to time (which terms will be made available to you when make your payment).
4.9 You agree to make all payments due under this Vehicle Hire Agreement promptly upon request when due.
5. LIMITATION OF LIABILITY
5.1 Notwithstanding any other provision of this Vehicle Hire Agreement neither Party shall exclude or limit its liability to the other Party for: (a) death or personal injury caused by its negligence; or (b) fraud, including fraudulent misrepresentation; or (c) any liability to the extent that the same cannot be excluded or limited by law.
5.2 Unless Star Car Hire is named as the Vehicle Owner in the Booking Details (in which case, Star Car Hire shall assume all obligations, responsibilities and rights of the Vehicle Owner under this Vehicle Hire Agreement in respect of such Booking), you and the Vehicle Owner each agree and acknowledge as reasonable that Star Car Hire is not a party to this Agreement, and accordingly to the maximum extent permitted by law shall have no liability under this Vehicle Hire Agreement to either of the Customer or the Vehicle Owner. This clause 5.2 does not apply where Star Car Hire is the Vehicle Owner.
5.3 All warranties, terms and conditions, whether oral or written, express or implied by statute, common law or otherwise, are to the fullest extent permitted by law hereby excluded by the Vehicle Owner.
5.4 You acknowledge as reasonable and agree that:
5.4.1 you shall be liable to the Vehicle Owner for any and all damage, howsoever caused, to the inside or outside of the Vehicle and/or any property of the Vehicle Owner, which is caused by you or your Associates or by a third-party following incitement by you or your Associates;
5.4.2 if you or your Associates cause the Vehicle Owner to be in breach of any law or regulation (including by failing to wear a seatbelt), the Vehicle Owner may immediately terminate the Booking without refund being due to you and you shall be liable to the Vehicle Owner for any fines, liabilities or penalties incurred by the Vehicle Owner;
5.4.3 upon the Vehicle Owner’s request, you agree promptly to pay any and all damages, costs, expenses and fines which the Vehicle Owner can show have been actually and directly incurred as a result of any damage referred to in clause 5.4.1, or breach of law/regulation referred to in clause 5.4.2;
5.4.4 the Vehicle Owner accepts no responsibility for any belongings of you or your Associates left in the Vehicle.
5.5 Subject to clauses 5.1 and 5.4, neither Party shall be liable to the other for indirect, special, incidental or consequential loss or damage and the aggregate liability of the Vehicle Owner to you arising in connection with a Booking shall in no circumstances be greater than the Hire Price paid to the Vehicle Owner.
5.6 If any limitation and/or exclusion in this clause 5 is determined to have failed of its essential purpose, all other limitations of liability and exclusion of damages set forth shall remain in full force and effect.
6. DURATION AND TERMINATION
6.1 This Agreement shall come into effect on the Commencement Date and, shall continue in force indefinitely thereafter until terminated in accordance with this clause 6.
6.2 This Agreement may be terminated by either Party by written notice upon the other Party’s material breach of this Vehicle Hire Agreement (and for the purposes of this clause material breach shall include without limitation any breach by you of clauses 2.4, 2.5 and any failure to make payments when due).
7. EFFECTS OF TERMINATION
7.1 Termination of this Vehicle Hire Agreement, however caused, shall be without prejudice to any rights or liabilities accrued at the date of termination.
7.2 Clauses 2.4.3, 2.6.3, 2.8 and 3 – 8 (inclusive) shall survive termination of this Vehicle Hire Agreement.
8. GENERAL
8.1 The Vehicle Owner may not assign or otherwise transfer any of its rights or obligations under this Vehicle Hire Agreement without your prior written consent.
8.2 No forbearance or delay by either Party in enforcing its rights shall prejudice or restrict the rights of that Party and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.
8.3 This Agreement constitutes the entire agreement and understanding between the Parties as to the subject matter hereof and supersedes all previous agreements between the Parties relating to the subject matter hereof. Each Party agrees that in entering into this Vehicle Hire Agreement it does not rely on, and will have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Vehicle Hire Agreement or not) other than as expressly set out in this Vehicle Hire Agreement. Nothing in this clause shall exclude or limit any liability for fraud.
8.4 A person who is not a party to this Vehicle Hire Agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999 save that Star Car Hire shall be entitled to rely upon its exclusion of liability under clause 5.2.
8.5 If any term, part or provision of this Vehicle Hire Agreement is held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable as being contrary to applicable law or public policy, such provision shall to the extent reasonably possible be construed in a manner so as to be enforceable and the remaining provisions hereof shall remain in full force and effect and in no way be affected, impaired or invalidated.
8.6 Nothing in this Vehicle Hire Agreement shall be construed as creating a partnership or joint venture of any kind between the Vehicle Owner and you, or as constituting either the Vehicle Owner or the Customer as the agent of the other Party for any purpose whatsoever.
8.7 In this Vehicle Hire Agreement, unless expressly provided to the contrary, any references to clauses are references of the clauses of this Vehicle Hire Agreement; words in the singular include the plural and in the plural include the singular; 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; and references to including and include(s) shall be deemed to mean respectively, including without limitation and include(s) without limitation.
8.8 This agreement shall be governed by and construed in accordance with the laws of Northern Ireland and both Parties submit to the exclusive jurisdiction of the Northern Irish courts.