DUMFRIES LIMO COMPANY

 

Terms and Conditions of Hire

Definitions:

 In this agreement the following definitions apply unless the context requires otherwise

‘The Company' shall mean Dumfries Limo Company.

‘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

Responsibility

The Hire Agreement shall be between the Hirer and the Company. Any references to the Company must be in the name of the Company. 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 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, 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 harmless of any liability for any personal or material damages arising from the conduct of his or her party.

The Company shall not be held liable or responsible for any articles left in the vehicle and the Hirer specifically indemnifies the Company 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.

The Company 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 and the Chauffeur will use its best endeavours to collect the Hirer or the Hirer's party from the designated address or location, 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 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 the Chauffeur may at its entire discretion cancel the Hire in part or in its entirety. In such circumstances the liability of the Company 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. The Hirer expressly accepts that the Company 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 and will not be tolerated in any of the vehicles unless specific agreement has been made to the contrary at the time of the booking and agreed in writing on the booking from.

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, and the like.

3. Safety

The Hirer accepts that the Company 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 where required by law.  Therefore, all forward & rear facing 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 and the Chauffeur against any fines imposed as a consequence of the passengers failing to comply with this legal requirement.

The Company 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 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 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 shall not be held liable or responsible for any incidents which occur as a failure to heed this advice.

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 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 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 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 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 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 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 and its Employees.

Furthermore, the Hirer indemnifies the Company 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 accepts no liability whatsoever and no compensation shall be provided in such instances, nor will the Company 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 shall make alternative arrangements to get the Hirer and his or her party to their destination. The Company 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.

The Company 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 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 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 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 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 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 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 undertakes to use its best endeavours to ensure that the Vehicle booked is the one provided for the Hire.

5. Payments and Deposits

To make a reservation the Hirer shall be required to pay a non returnable deposit which shall be £50 for an 8 seater limousine or wedding car and £100 for a 13 or 16 seater limousine.  This deposit is considered a booking fee and is non returnable in the event of any cancellation.

In the case of weddings the final balance will be due 28 days before the date of the wedding.

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 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.

Cancellations made less than 28 days prior to the event will be asked to pay the full outstanding balance.

All cancellations must be sent by post in writing, signed and dated, outlining the booking, the cancellation with reasons for said cancellation by the person who made the booking.

Where payments are made by cheque, the Hirer is responsible for ensuring that payment is received by the Company in sufficient time to allow clearance by the Due Date. The Company 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.

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 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.

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 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 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 £100 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 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.

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.

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 may at its entire discretion refuse any Hire without explanation or reason.