Definitions:
In this agreement the
following definitions apply unless the context requires otherwise.
"The
Company" Shall mean Limoknights.
"Employee" shall have the meaning of any employee of the company,
including any driver or chauffer 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 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 of time 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 be deemed to mean the 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
deposit paid.
"Party"
shall have the meaning person or persons accompanying the Hirer as his
or her guest or invitees
"Chauffer" 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, Horse Racing Days, Sporting Events or play
offs, Public holidays, Concerts or any other hire that exceeds 8 hours
in duration.
1.
Responsibility.
The Hire
agreement shall be between the Hirer and the Company. The Hirer
specifically acknowledges, understands and accepts that the Company
operates as Limoknights. The Hirer accepts that Limoknights 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 rights of redress
howsoever caused shall remain vested between the Hirer and the Company.
As a consequence the Hirer acknowledges that this agreement does not
permit any other third party, related or otherwise, to intervene in the
event of a dispute between the Hirer and the Company. Where the Company
is Limoknights, then all obligations and responsibilities of the Company
will remain with Limoknights.
The Hirer
accepts that Limoknights 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 Limoknights, the Hire Agreement and therefore any
references to the Company must be in the name of the Company and not
Limoknights. The Hirer specifically agrees and warrants that in the
event of a dispute that the reference will only be made in name of the
Company.
The Hirer
shall be responsible for the proper behaviour of all 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 Condition.
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 bahaviour 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 bi 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 liabilities for any personal or
material damage 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 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 Chauffer will use its best
endeavour's 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
Chauffer will contact the Hirer to advise an alternative location or
address for collection of the Hirer or Hirer's Party. The Hirer
expressly accepts this condition.
Of in the
Sole opinion of the Company or the Chauffer, the weather conditions are
such that the safety of the Hirer, the Chauffer or the vehicle may be
compromised or placed at risk then the Company or the Chauffer 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 Hirer Charge. For the avoidance of doubt, if the Hire has not
commenced, them this shall be limited to the amount paid for the Hirer,
If the Hire is curtailed during the Journey, then the calculation of
any refund shall be based on a percentage of the Hirer Charge to be
determined at the entire discretion of the Company. the Hirer expressly
accepts that the Company or Chauffer shall retain this discretion in the
interest 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 hirer 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 vehicle 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
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, therefore, Champagne bottles may only be opened by the Chauffer
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 includes, but is
not limited to, glassware, CD's, DVD's, Video Tapes 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 or 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 Chauffer 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 emergency, only the Chauffer
may open and close doors, this is a safety precaution to minimise the
risk of accident 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 accidents which occur as a failure to heed this
advice.
The
maximum number of passengers that can legally be carried in the Vehicle
is 14, the Hirer expressly accepts this legal restriction and accepts
that the Chauffer 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 Chauffer
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 insure 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 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 advise 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 Chauffer. The Hirer expressly accepts that the decision of the
Chauffer 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 chauffer,
misuse of the equipment, fixtures or consumable within the Vehicle and
willful 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.
Limitations of Liability.
The Hirer
accepts and indemnifies the Company and its employees against any loss,
consequential or otherwise as a result, directed or otherwise of a
failure to meet 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
dose not form any part of the contract between the Hirer, the Hirer's
party or the Company and it's employees.
Furthermore, the Hirer indemnifies the Company against any and all
claims as a result, directed 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 dose 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
it 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 of terms of time, reliability of Vehicle and/or events out
of the direct control of the Chauffer 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 the 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 crucial, 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 1 Hour prior to departure. The Hirer accepts 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 when 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 any payment
to the third party of charges relating to the standard hire. however in
the event that any additional services are provided, which include, but
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 or a £50.
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 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 to cover administration
charges and 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 the booking is confirmed, no refunds will be provided for any
reason 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 Event 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
for standard Hires or £150 for Weddings and Special Event Hires.
The
Balances 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 pursuing 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 Hire 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 damage by the Company against the
Hirer
Where
payments are made by cheque, the Hirer is responsible for ensuring that
the 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 been cleared on the
Due Date, or in any event on the Date of Hire.
The
Company requires that a credit card is provided prior to, or on the
night of the Hire as a security against damage or loss sustained by the
Company.
6.
Additional charges.
Time
Permitting; the Chauffer 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 chauffer will attempt to accommodate
any last minute changes, the final decision will remain with the
Chauffer 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 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 the current charges for additional hours and
excess mileage, any failure to do so will not derogate the hirer's
responsibilities 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
Chauffer 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 charge 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 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 Chauffer 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 Chauffer shall be
entitled to confiscate and dispose of all alcohol and/or terminate the
Hire at his or her entire discretion without entitlement of a refund.
Notwithstanding that account holding customers invoices only become due
14 days following the date of the Hire, all other conditions 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 may at its entire discretion refuse any Hire without explanation
or reason.