In this agreement the following definitions apply unless the context requires otherwise
‘The Company’ shall mean Paul and Sheelagh Humphries
‘The Licensee’ shall mean a business, individual or partnership that is Licensed by Cars for Stars Limited to trade using the Cars for Stars registered trademark as part of their trading name subject to a License Agreement, but which is completely independent of Cars for Stars Limited.
‘Licensee Agreement’ refers to the agreement between Cars for Stars Limited and the Licensee governing the conditions attached to the continued use of the Cars for Stars registered trademark.
‘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
‘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
‘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
'Booking Form' shall mean form signed by the Hirer accepting these terms and conditions and providing detail of the Hire, Deposit and Balance.
‘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
'Special Events' shall mean weddings, race days, sporting events, concerts, public holidays or any hire which exceeds 8 hours
The Hire Agreement shall be between the Hirer and the Company. The Hirer specifically acknowledges, understands and accepts that the Company operates as a Licensee under a Licensee Agreement with Cars for Stars Limited. The Hirer accepts that Cars for Stars Limited cannot and will not be held responsible for any failure of the Company to perform any or all of its obligations to the Hirer. Any right of redress howsoever caused shall remain vested between the Hirer and the Company. The Hirer accepts that whilst the Licensee Agreement governs the conduct, standards and operating procedures of the Licensee, this Licensee Agreement remains completely independent of any agreement reached between the Hirer and the Company. As a consequence the Hirer acknowledges and accepts that the Licensee Agreement does not permit Cars for Stars Limited, or any other third party, related or otherwise, to intervene in the event of a dispute between the Hirer and the Company.
The Hirer accepts that Cars for Stars is a registered trademark and whilst it may be used by the Company to form part of the trading style of the Company, it is not a legal entity and therefore, irrespective of the trading style, or the use of the name Cars for Stars, the Hire Agreement and therefore any references to the Company must be in the name of the Company and not Cars for Stars. The Hirer specifically agrees and warrants that in the event of a dispute that references 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 company 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. In addition, the Hirer agrees to pay the Company any costs incurred for the return of the article. Unless requested in writing, the Company will return the article using the standard postal service. Where the article is considered to be of high value then it will be the responsibility of the Hirer to arrange collection.
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, 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 in any of the vehicles unless specific agreement has been made to the contrary at the time of the booking and agreed in writing.
Where complimentary drinks are supplied by the Company, these must be consumed in the vehicle and may not be removed for any reason whatsoever. In the event that drinks are removed, then the Company may at its sole discretion, recover the replacement cost from the Hirer. The Company or Licensee will not allow red wine to be consumed in the vehicle at any time owing to the potential damage to the interior as a consequence of spillage.
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, Video tapes and the like.
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 up to the maximum number of passengers allowed by law. Therefore, all 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 full 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 maximum number of passengers that can legally be carried in the vehicle is 8, the Hirer expressly accepts this legal restriction and accepts that the Chauffeur shall be required by the company to refuse to carry more than the statutory maximum. The Hirer further accepts that failure to adhere to this road traffic regulation would likely result in the vehicle and its passengers being uninsured. In addition, the Chauffeur and the Company could be prosecuted as a consequence. Therefore there will be no compromises on the safety issue.
Where the Hirer has asked for a child seat to be fitted, it is the responsibility of the Hirer to ensure that the seat is correctly fitted before placing an infant into the seat. If the Hirer does not consider that the seat provides sufficient protection or that it is not fitted correctly, then the Hirer shall not allow the infant to travel. The child seat is provided as a courtesy to the Hirer and or the Hirer's party and does not form part of the contract for Hire. therefore, the Company shall not be held responsible if the infant cannot travel.
The Hirer accepts that owing to weight restriction, 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 consumables 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. 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.
Although the Company rarely does so, the Company reserves the right to sub-contract any Hire to a third party without reference to the Hirer, in such circumstances The Company shall be responsible for payment to the 3rd party of charges relating to the standard Hire. However, in the event that any additional services are provided, which include, but are not limited to, excess mileage, additional hours or damage to the Vehicle then the Company retains all rights to charge the Hirer.
5. Payments and Deposits
To make a reservation the Hirer shall be required to pay a Deposit which shall be the higher of the two: in the amount of 25% of the hire charge plus VAT; or £100 plus VAT. VAT will be charged at the appropriate rate. Reservations are accepted on a best endeavours basis and the Company may at its entire discretion, cancel the Hire up to 21 days prior to the Hire date. Conversely, the Hirer may cancel up to 21 days prior to the Hire date and receive a full refund less a charge of £75 plus VAT to cover administration costs and loss of potential earnings. However, in the case of weddings and Special Events the period during which the Hirer can cancel and receive a refund is extended to 45 days, less a charge of £150 plus VAT to cover administration charges and loss of potential earnings.
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. In the case of weddings and Special Events Hire, no refunds will be provided where the cancellation takes place less than 45 days from the date of the booking. In all cases where a cancellation is permitted, any refund will be provided after the deduction of administration charges of £75 plus VAT for standard Hires or £150 plus VAT for weddings and Special Events Hires.
The Balance becomes due 14 days prior to the date of the Hire except in the case of a Special Event Hire, where payment in full must be received 28 days prior to the date of the Hire. Failure to pay in on or before the Due Date will result in the cancellation of the Hire and the loss of any Deposit paid. The Hirer accepts that the Company does not issue a reminder when the Balance is due and it is entirely the Hirer's responsibility to ensure that the Balance is paid on or before the Due Date.
Where payment has not been discharged by the Due Date, this shall be deemed a breach of this Hire Agreement and the full amount of the Hire shall become immediately due from the Hirer; the Company may also at its sole discretion cancel the Hire Agreement, whilst pursing the claim against the Hirer. The fact that the hire may not take place as a result of this breach does not derogate the responsibility of the Hirer to pay the full amount due.
The Hirer agrees to pay a deposit of £150 including VAT at least 14 days prior to the hire by way of a deposit against damage to the vehicle or its contents. This deposit will be returned at the end of the Hire provided there are no claims against it. The amount of the deposit does not limit any subsequent claim for loss or damages by the Company against the Hirer.
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.
The Company requires that a credit card is provided prior to, or on the night of the Hire as a security against any damage or loss sustained by the Company.
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 mileage or time shall be charged to the Hirer. Whilst the Chauffeur will attempt to accommodate any last minute changes, the final decision shall remain with the Chauffeur and the Hirer expressly accepts this arrangement.
In the event that the Hirer makes any changes to the Booking Form within 14 days of the date of the Hire, then the Company shall charge £10 plus VAT for each instance and the Hirer agrees to pay such charges immediately.
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 current charges for additional hours and excess mileage, any failure to do so will not derogate the Hirers 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 £117.50 including VAT, 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.
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.
Where payment is made by credit card, whether in part or in full the Company shall add 4% of the value to cover the transaction charges paid by the Company, this charge will not be applied where payment is made via a BACS transfer, debit card or cheque.
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.
Notwithstanding that account holding customers invoices only become due 14 days following the date of the Hire, all other condition pertaining to payment remain in force, including cancellation clauses.
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 or Licensee may at its entire discretion refuse any Hire without explanation or reason.
Paul & Sheelagh Humphries trading as Cars for
Stars (Bristol) operating under License from Cars for Stars Limited
Franchise enquiries for other areas should be directed to:
franchise website or call 0845 123 5335
Cars for Stars®
is a registered trademark of Cars for Stars Limited
© Copyright 2003-2005
Cars for Stars Limited
Paul & Sheelagh Humphries trading as Cars for Stars (Bristol) operating under License from Cars for Stars Limited
Franchise enquiries for other areas should be directed to: ,visit our limousine hire franchise website or call 0845 123 5335
Cars for Stars® is a registered trademark of Cars for Stars Limited
© Copyright 2003-2005 Cars for Stars Limited