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BYGONE CLASSIC LIMITED TERMS AND CONDITIONS

(AKA THE BORING STUFF )

 

 

Introduction.

We told the “suits” this business is built around our passion for classic cars and sharing that passion with our clients. We said our  terms and conditions (T&C) should be amongst all; clear, fair and not misleading. Whilst it’s important for us as the owners of the cars and you as the client to know the nature and extent of the hire contract, we don’t want them to completely act as a sleeping aid.  We  have attempted to keep the  legal jargon to the minimum and to keep things as simple as possible; we believe in using common sense and treating  clients just as we would expect to be treated.

 

Our T&C are important and we’d be grateful if you would take the time to read through them. If there is anything that isn’t clear please do not hesitate to contact us at hire-me@bygoneclassics.co.uk . In order to make a confirmed booking you will need to agree and  sign a copy of our T&C .

 

We want to ensure that your ( or the recipient’s if a gift) experience meets your expectations and that all goes smoothly. Hiring and driving a classic car  means different things to different people but the experience should be enjoyable and memorable for all the right reasons. When booking to hire one of our cars you will be agreeing to and accepting these T&. Should these T&C be amended between the date of booking and the date of hire then you will be;

  1. notified of the changes and
  2. given seven days in which to accept or reject the changes and
  3. if you don’t want to accept the changes then provided you notify us of this in writing  (email is fine)  you are free to cancel and to receive a full refund.

 

1.The Parties.

Thankfully not the political type but under the Hire Contract:

  1. “We” or “Us” being Bygone Classics Limited
  2. “Hirer” or “Client” or “You” being the person paying for the vehicle hire
  • “Driver” or “Authorised driver” being those persons authorised and insured to drive the

2.The Car.

The Car is the passenger  car  booked and confirmed on the Hire Contract  identified by means of its’ make, model and registration number and which are available to hire as follows;

  1. Private client: between 1 March to 31 October
  2. Commercial client: TV/Advertising/ Film between 1 January to 31 December

 

3.The Hire Period.

The Hire Period is the  date and period of time for the hire of the specified car agreed and set out on the Hire Contract. We may agree to amend the hire date, period of hire or both at our sole discretion. If there’s a  reason for amending the date of an agreed rental please get in touch as soon as possible. The maximum period of a single hire for a specified car is 14 days.

 

If you fail to return the car to the designated location on time then we can charge you  an excess rate  for every day or part of a day until the car is returned to us. The rate  we can charge you will be  at the same daily rate as set out on the Hire Contract on a pro-rata basis subject to a minimum of £50.00. If you’re unable to return the car on time due to  unforeseen circumstances please let us know as immediately so that we can extend the insurance cover.

 

Unless by prior express written agreement the car can only be collected and returned during our normal business hours which are 09:00 to 18:00.

 

4.Insurance  Requirements

The full particulars of us providing you with fully comprehensive insurance in order to drive one of our cars are set out on the insurance proposal form which we will go through with you in advance . In general you must be aged between 25  and 75, held a full licence  for a minimum of two years, have not more than 6 penalty points arising from two minor offences e.g. SP30 and not more than one insurance claim within the past three years. If you or any intended nominated driver has incurred an endorsement for 6 points or more arising from a single motoring offence within five years of the intended hire period ( start to end date) you must notify us in writing in order that we can refer the matter to our insurer.    You will need to be able to certify that you are physically and mentally fit to drive and operate the car and have no reportable  DVLA  medical conditions.

 

There are a number of endorsement codes that we must refer to our insurers before accepting a booking. If you currently have any of the following or have had any within the past five years please advise us immediately;

 

Codes: AC, BA, CD, CU80, DD, DR, IN, LC, MS, NE, SP*, TT, UT, XX.

SP* refers to a 6 point penalty for a SINGLE offence.

 

In certain circumstances our insurer may impose restrictions and or endorsements that affect your eligibility if you do not meet their minimum requirements; should you have any concerns or are not absolutely sure please get in contact with us before booking.

 

When you sign the Hire Contract you will be confirming (amongst other things) that the details  you have provided on the insurance proposal form and true and correct. If, after you sign and return  the insurance proposal form to us  there are any changes that you should reasonably notify us of, for example, new additional penalty points or a medical condition then please contact us immediately.

 

Should you fail to disclose a material fact that you ought to have disclosed either to us or our insurer you expressly agree to be liable for all loss  and or  damages incurred or sustained by us in respect of you hiring of a car from us and to indemnify us in full for all such loss and or damages.

 

We want all clients to enjoy the car but also to look after and respect it during the hire period. There is no collision damage waiver facility available and by hiring the car you expressly agree that you have not taken out any such policy in respect of the car hired by you.  A  security deposit will be taken out before your hire begins to cover the insurance excess and or damages. In the event no potential claim, claim, loss or damage occurs this will be refunded.

 

5.DVLA Check Service.

As an integral part of us hiring you one of our cars you agree to provide us with a code from the DVLA in order that we and or our insurers’ can verify your driving licence details.  You can get a code from www.gov.uk/view-driving-licence. Please be aware that codes are only valid for 21 days.

 

To avoid any disappointment we operate a two check system; a DVLA  check when payment is made and a second one when the car is collected / delivered.  We are unable to release a vehicle unless two satisfactory checks have been made.  Please note that time period in which DVLA checks are done when one or more of our cars are hired for a wedding may vary however we will inform you at the time of booking / payment of what is required.

 

 

6.Drivers & Use of the Car.

Only those named on the Hire Contract and  approved to drive by our insurer have our consent to drive the car. Use of the car by the Hirer and any authorised drivers is limited to social, domestic and pleasure purposes and not for commuting to work. It is the Hirer’s responsibility to make sure that these requirements are observed. The car must not be used for; any form of business use, hire or reward, carrying goods of any description, carrying or conveying more passengers than designed for, towing, any motorsport, track days, driving tuition or any illegal purpose. The car cannot be taken outside of the United Kingdom.

 

Due to the size of some of the cabins in our cars there are certain physical limitations. Drivers must be between 5’ 5” and 6’ 3” tall and weigh less than 16 stone / 102kg. Please check that all drivers meet these requirements.

 

Some of our cars are from an era where they weren’t designed to sit in traffic so we respectfully ask drivers to avoid town and city centres during rush hour and heavy traffic. This is  to avoid the risk of overheating particularly on hot days.  We  always advise  that you plan ahead and  allow plenty of time to reach your destination. You probably know this already  but some classic cars are not suited to be driven on modern motorways or major roads at 70mph for sustained periods so please allow yourself time to drive at a comfortable cruising speed ( you’ll see more) with sufficient time for rest stops for both the car and you.

 

7.Booking.

The price paid for the hire of the car includes; fully comprehensive insurance for all authorised drivers, fuel as provided at the start of hire, breakdown cover with the RAC and the agreed mileage.  Excess mileage is charged at the rate for the specific car hired  as published on our website  and will be charged to the card details you provide at the time of booking.

 

When you make a booking with us to hire a car we will send you (normally by email) a Booking Confirmation form which will confirm the full details of your booking but in particular; the date, place  and time of car pick up,  the period of car hire, full details of the car you have reserved and  the agreed cost.

 

We understand that following an enquiry  you may want to consider things before going ahead however a booking will only be confirmed to you once the agreed price has been paid by you in full.

 

8.Gift Vouchers.

We are delighted to offer  gift vouchers for purchase for that special person in your life or just as a thank you to someone. Gift vouchers are valid for 12 months from the date of purchase  and the expiry date  will be stated on the voucher. Gift vouchers are for a specific car however they may be transferred to any alternative car in our fleet. If the alternate car is of a higher tariff then the difference in cost must be paid in advance before a  Booking Confirmation can be issued. If the alternate car is from a lower tariff  we are unable to refund the difference however we will apply the difference towards any future booking or where possible  increase the hire period proportionately. The above is  subject to availability of an alternate car whether from a higher or lower tariff. Gift vouchers are non-refundable.

 

When purchasing a gift voucher please remember that  when one is redeemed it is important that all drivers meet the eligibility criteria for insurance purposes.

 

If you or your recipient is unable to redeem the gift voucher within the 12 month period  due to unforeseen or compelling circumstances please contact us immediately. Whilst we cannot guarantee to extend the voucher we will take a common sense approach and consider your request in a similar manner as we would expect to be treated.

 

9.Car Hire Start.

Before a car can be released to the you the Hirer you  will be required to confirm the details on the Hire Contract by means of your signature. We will take a copy of your driving licence ( both parts where appropriate)  and of  a secondary proof of address dated within three months of the hire date. We will accompany you to inspect the car ( both inside and out) to record any pre-existing damage.  All nominated drivers must be present at the vehicle handover unless otherwise agreed in writing beforehand by us.  If hiring one or more of our cars for a wedding there may be varying arrangements. We can remember our wedding days and appreciate that you will  possibly have other things on your mind; rings, dress, photographer, venue, that awkward relative  etc. However, it’s critically important that those confirmed as driver/s are made familiar with the car. We want your special day to be just that; as you’ll have  made the decision to include one or more of our cars on the day we want everything to be right for you. For example, if the bride is going to drive then please  bring a pair of sensible driving shoes with; you’ll be glad to get out of those heels anyway.

 

Driving a classic car whilst immense fun is probably a world away from your daily driver.  It’s important that you are familiarised with the controls, operation and any particular characteristics of the car hired. We will perform  familiarisation checks with you and accompany you on a short test drive.

 

Some of our cars are from a period when people were, well, generally much smaller. The foot pedals are generally much smaller and closer together than in modern cars so it is important to wear appropriate footwear.

 

Your security deposit will be taken as pre-authorisation from your credit or debit card; without this we are unable to release any car to you. If you require further information on pre-authorisation please don’t hesitate to contact us.

 

Your card details will be securely held to satisfy any fines, penalty notices, tolls or any other costs, incurred by you during the hire period. We can  only accept cards with an expiry date at least six months after the hire period ends

 

 

10.Car Hire End.

When you return the car to us it will be inspected for any damage sustained during the hire period. If any damage has been sustained during the hire period it will be recorded and you will be provided with a copy. The remaining fuel level will be noted by reference to the fuel gauge and any shortfall  from the quantity of fuel originally supplied will be charged for. The mileage on the odometer will be recorded and any mileage in excess of the inclusive mileage allowed will be charged at the rate published for that particular car on our website.

 

The car can only be returned to us outside of our normal business hours by prior written agreement. Notwithstanding that, you agree to remain solely liable for the car whilst it remains in your care, custody and control during any out or hours period until it’s returned to us.

 

Please take care to check that you haven’t left any of your or any  passengers’ personal belongings in the car when you return it to us.  All contents such as accessories, maps, handbooks, spares, tools  etc. must be returned with the car, not least for the benefit of the next client.

 

11.Delivery and Collection.

Once a booking is confirmed we will advise you where the car can be collect from. If you would like the car to be delivered and or collected then we can arrange this service for you; there is a charge payable for this service which depends on the distance from us to your designated delivery / collection address. For further information please don’t hesitate to contact us.

 

12.The Hire Period.

Much of the following is common sense / best practice but we ask you to apply the following for both your enjoyment and the benefit of other clients.

 

During the hire period you must observe what was explained during the familiarisation together with any special instructions concerning  use of the car. Whilst we are pet owners ourselves  and love them dearly, no pets or animals are allowed in our cars and yes, that includes our own. Our cars are valeted after each hire but appreciate that some clients may have allergies hence the strict “no pets” policy. Smoking or vaping isn’t allowed in the car and yes, that includes the soft tops with the hood down.  We don’t want to be  charging for an inadvertent burn to fine Connolly. If specialised cleaning or repairs are required due to smoking we reserve the right to charge you for this.

 

Being Yorkshire folk we love a pint in the countryside  but  you must not drive or operate the car whilst under the influence of alcohol or drugs. You are solely responsible for any loss or damage to property that you leave in the car during the hire period.

 

Some of our cars are not spring chickens and weren’t made to the same standards as modern cars, for example there’s a noticeable absence of galvanising on most of them and so we do all we can to  protect them from bad weather. Living in Blighty we know what the weather can be like  so if you’re hiring a car for more than a day and the weather turns you   agree to garage it over- night wherever possible or use the weather cover provided.

 

Our cars are well cared for and regularly maintained however they are mature in years and not as reliable as modern cars and as such you must be prepared to accept the fact that they can breakdown despite all reasonable precautions taken.  We will not release a car if we have any concerns about its reliability; after all, not only do we want you to thoroughly enjoy your experience but we’re not averse to  a happy client recommending us to others.  We will ensure that the car you hire is clean, safe and roadworthy. In the event that something unforeseen occurs rendering the car unroadworthy during the hire period you must stop driving the car; this is primarily for your safety but to also to prevent any further damage to the car. If a fault occurs during the hire period then you must let us know as soon as you become aware of it. If  a fault occurs  during the hire period and you continue to drive the car without notifying us  and  you  continue driving the car  you will be liable for any consequential loss and or damage that occurs as a result. If a fault occurs or a warning light comes on you should where possible refer to the manufacturer’s handbook in the car or the vehicle handbook supplied by us.

 

You mustn’t let anyone work on or attempt to repair the car without our prior written permission. If we give you permission it will  either be by email , SMS or other form of electronic communication. If we give you permission you must confirm to the repairer that the car is a car hired to you by Bygone Classics Ltd. We will require an itemised quote from the intended repairer / garage before permission to work on the car is given. You will be responsible for payment of their charges and we will refund you in full upon presentation of their invoice and your receipt for payment.

 

If the repairer / garage causes  damage to our car during the course of repairs then provided we have given you permission as above you will not be charged for the damage caused by the repairer/ garage.

 

You must look after the car and all keys for it given to you at the start of the hire period. Keys must be removed from the car whenever you leave it; the  car must  be locked at all times whenever it is not being used and any security device/s fitted must be activated.  If you fail to lock the car and or  activate the  security device fitted  and the car is stolen then you are liable for the full replacement cost of the car.

 

You are responsible for the cost of all fuel used which may be in addition to the quantity supplied at the start of the hire period. If you run out of fuel you are solely responsible for all costs incurred should you need assistance. It is important that you only put the correct type and grade of fuel in the car which you will be advised of during the familiarisation. If you add fuel to the car during the hire period then you agree to obtain and provide us with a receipt or copy of one for our records. By receipt we mean the printed receipt confirming the date, time, location, grade and quantity of fuel.

 

You must not sell, loan, pledge, rent, or offer as security the car or any parts or components of it. You must not represent that the car is your property or give or attempt to give anyone any legal or purported legal right in respect of it. The during the hire period the car is for sole use of the hirer, authorised drivers and your invited guests. Whilst highly unlikely, we must advise that lift / rides to strangers are not permitted nor is anyone you are not familiar with allowed in the car. We know it sounds a bit over the top but it is an insurance requirement.

 

During the hire period you are responsible for all fines and costs  however arising  for parking, traffic or other offences together with any court costs  including but not limited to the release of the car from impounded storage or immobilisation. You must pay the relevant authority or body in full the amount of any fine, cost or charge.

 

If we receive an official notification from a competent authority with jurisdiction in respect of an alleged offence or contravention then as the registered keeper of the car we will disclose your details to them. Such disclosure is permitted by law.

 

If you are involved in an accident then the priority is your safety and that of any passengers; if medical / emergency help is required then call 999 immediately.  If you are involved in an accident or the car is stolen then telephone us a matter of urgency. In the event of an accident you must not accept any liability whatsoever and follow the procedure in the car’s information pack. In the event the car is stolen you must report the theft to the police immediately and obtain a crime reference number.

 

You may leave your car at your own risk, at our secure premises  for the duration of the hire period.

 

13.Damage to the car.

It is your responsibility to return the car to us  in the same condition it was in at the start of the hire period.  If the car is damaged during the hire period the pre-authorised security deposit  will be claimed in full. Where the cost of repairing the damage is less than the security deposit you will be refunded the difference once the repairs have been made. We will do our utmost to ensure that repairs to damage are performed as though time is of the essence however if replacement parts are required we cannot be held responsible for any delay experienced.

 

Being from the era they are, some of our cars sit low and this must be taken into account when driving.  You are liable for any damage resulting from speed bumps, kerbs, low branches, overhanging hedges, and similar avoidable risks. You are liable for the cost of repairing damage incurred during the hire period  or which wasn’t evident and recorded on the car condition report before departure but is evident upon the car’s return to us whether you were at fault or not. In the event that you return the car to us in a condition that requires extra valeting time, special materials or equipment to put the car into its pre-hire condition you are liable for the payment of these costs.

 

We want you to enjoy your use of the car as much as possible and that may include wanting to film / record your experience. You are welcome to fit devices such as a GoPro onto the windows but this must be via a suction device intended for that purpose. No fixing devices whether suction cups, mounting brackets or otherwise are to be fitted or attached anywhere on or to the exterior of the vehicle.  We hope that you understand that this  is to protect and maintain the condition of the cars for us and other clients.

 

In assessing damage to paint or bodywork, if the damage lies within a circle of 2cm diameter e.g. a stone chip then you will not be liable for the repair costs. In all other circumstances, you are liable for the costs of repairing damage to the car.

 

Where we reasonably consider that you have or have allowed the car to be driven recklessly, dangerously, inappropriately or in a manner inconsistent with the intended use of this classic car hire you are liable to us for the full costs of repairs to the car  and any associated  transportation cost incurred irrespective of the amount of the security deposit paid. You are  liable for all mechanical damage to the car due to you operating it in an inappropriate manner, failing to stop driving the car when a mechanical fault develops or using the incorrect fuel  or grade of fuel. The costs for these will only be payable once the damage has been independently assessed.

 

14.Availability.

We are committed to providing you with car you select and for the desired date/s. There may be circumstances beyond our control whereby we are unable to do this; for example if the car you have booked is involved in an accident and isn’t roadworthy. In such circumstances we will notify you as soon as is reasonably practicable and offer you the following: an alternative car, alternative dates or a full refund. Our liability to you in respect of being unable to provide you with the selected car is limited to the price paid; we do not accept liability for any consequential costs or losses.

 

If you intend to hire the car overnight in order to stay at a hotel, attend an event or something similar whereby you have pre-paid we would advise you to check if it can be cancelled free of charge  and or if short notice cancellation insurance is available.

 

15.The Weather.

It’s Britain and we know it can be glorious one day but the complete opposite the next.  We want your experience to be memorable  for the right reasons. If, in our opinion the forecast weather conditions are adverse and could place you or the car at risk  we will contact you to discuss either an alternative date or cancelling the booking and refunding you all sums paid. A booking cannot be cancelled or rearranged due to “inclement” weather rather than adverse weather.

 

16.Data Protection.

We are registered with the Information Commissioner’s Office (“ICO”) and comply with the Data Protection Act.  Our privacy policy is specifically set out on our website. By applying to us to make a booking you expressly consent to us using your personal information to amongst other things make you aware of other offers and services we may have from time to time together with using it for analytical, statistical and record keeping purposes. Your personal information will be shared with our insurers for proposal purposes in order for them to assess your eligibility for cover. We may also share your information with authorised bodies such as the police where we are compelled to do so by law or with the DVLA.

 

17.Cancellation.

We certainly don’t want you to cancel your booking however we appreciate there are circumstances where there may be a change of mind. The following sets out your contractual rights to cancelling your booking with us.

 

If the start of your hire period is more than 28 days from the date of booking you may cancel your booking within 7 days of making your booking and receive a full refund  less an administration fee of £50.00 or

If you cancel your  booking  between 28 and 15 days before the start of the  hire period you will be entitled to a refund of 50% or

If you cancel your booking within 14 days of the start of the agreed hire period then no refund will be made.

If you wish to cancel your booking this must be by means of email to us at: hire-me@bygoneclassic.co.uk

 

18.Liability.

Our total liability to you in contract or tort or otherwise howsoever arising under this contract shall be limited to the total sum payable by you to us  as set out in the hire contract. We cannot be held responsible for any consequential loss whether direct or indirect  caused by any event making the car unavailable. This includes but is not limited to; breakdown, accident ( however arising), adverse weather ( either existing on or forecast for the start date) making driving unsafe or potentially unsafe.

 

We will not be liable for any failure to perform or delay in performance of any our obligations caused by an event/s  which are either unforeseeable and or beyond our reasonable control.

 

Nothing in these terms and conditions shall limit or exclude our liability for death or personal injury caused by our negligence or any other liability that cannot legally be excluded.

 

Bygone Classics  car  hire booking  agreements are  contracts  subject to English law and subject to the exclusive jurisdiction of the courts of England and Wales.

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