Terms and Conditions
These terms and conditions comprise the agreement between Open Top Touring Ltd (Reg in England no 85793330) and you. Please read them carefully as failure to read them is no defence in law
1 Your contract with us
When you book with us you agree to accept the conditions set out in the rental agreement. Please read this agreement carefully. If there is anything in the agreement you do not understand please contact us by e-mail or phone. You have 7 days from date of booking to query or cancel your booking. Thereafter these terms are binding. If your hire period falls within the 7 days from the date of booking these terms are immediately binding.
2 Hire Period
The vehicle is available to you for the period shown in the Rental Agreement. We may agree to extend the period up to a maximum of 30 days. Failure to return the vehicle at the stipulated time breaks the conditions of this agreement. Until the vehicle is returned we will charge you the full daily rate for each day or part day you have the vehicle before returning it to the place the agreement started,
Your Responsibilities
a You must look after both the vehicle and the keys to the vehicle. When not in use the vehicle must be locked and any security devices supplied with the vehicle must be used. You must protect the vehicle against bad weather which can cause damage. You must make sure you always use the correct fuel.
b You are responsible for any damage caused by hitting low level objects (such as bridges, low branches, speed humps or kerbs) and use of incorrect fuel.
c You must not sell, rent or dispose of the vehicle or any of its parts. You must not grant anyone any legal rights over the vehicle.
d You must not let anyone, including yourself or any other drivers or passengers, work on the vehicle without our permission. If we do give you permission we will only give you a refund if you have a valid receipt for the work.
e You must let us know, immediately, you become aware of a fault in the vehicle. If you continue to drive the vehicle after it develops a fault then you may be liable for the cost of the consequential damage.
f You must return the vehicle to our facilities during our published normal working hours at which time one of our staff must check the vehicle to see it is in good condition. If we have agreed that you may return the vehicle outside normal business hours you remain responsible for the vehicle and its condition until it is inspected by a member of our staff.
i To return the car to the condition it was in at the pre-rental inspection involves us in
extra costs (e.g. if extra valeting time or materials or equipment are needed to return to
pre-rental inspection condition)
ii You have damaged the inside or outside of the vehicle.
iii You have not followed the specific instructions relating to the vehicle as explained
during the familiarisation process
iv If you damage our vehicle through driving in a reckless, dangerous or inappropriate
manner you will be liable for the full cost of repair irrespective of the insurance
excess in place.
h It is your responsibility when returning the vehicle to ensure you have removed all personal belongings.
Our Responsibilities
1 We have maintained the vehicle to at least the manufacturer’s recommended standard. We assure you that at the start of the rental period the vehicle was suitable for renting and roadworthy. We will not rent a vehicle with known safety or reliability faults and this therefore could result in cancellation. Given the nature of the vehicle and its age, you agree as a condition of hire that it will inevitably have some defects. Provided that such defects do not compromise safety and reliability they are acceptable under our agreement.
2 We are responsible if someone is injured or dies as a result of our negligence, act or failure to act.
Property
We are only responsible for loss or damage to property left in the vehicle if the loss or damage results from our negligence or a breach of the contract.
Conditions for using the vehicle
The vehicle may only be driven by you and any other named driver, or by anyone else we authorise in writing. Anyone driving the vehicle must have a full valid U.K or E.U driving licence and meet the following criteria:
Aged between 25 and 76 on final day of hire and had no more than 1 insurance claim in the past 5 years
Has not be convicted of a motoring offence or had their licence suspended or had their licence endorsed with more than 4 penalty points in the past five years.
Has not been refused motor insurance.
Does not have a mental or physical defect or infirmity that affects their ability to drive an unadapted vehicle (if in doubt please contact us).
In addition you will not:
i Use the vehicle for hire or reward
ii Use the vehicle for any illegal purposes
iii Use the vehicle for racing, pace-making, reliability testing and speed or teaching someone to drive
iv Use the vehicle under the influence of alcohol or drugs
v Drive the vehicle outside England, Scotland or Wales, unless we have given written permission
Ensure that any load/cargo is safely secured and does not exceed the manufacture’s maximum weight recommendations.
Towing
You or any other authorised driver may not use the vehicle for towing.
Charges
Look at our charges using our current published price list. In the event of any damage to the rented vehicle your insurance/cautionary deposit will be retained and en-cashed. In the event that the repair is less than the value of the deposit we will refund the difference once the vehicle is repaired. You will be responsible for all charges, even if you have asked someone else to be responsible for them and will be liable to pay the following charges:
a The rental and any other charges we work out according to this Rental Agreement.
b Any charge for loss or damage caused by you not keeping to the conditions of the Rental Period.
c A refuelling service charge for any fuel you have used and not replaced from the quantity of fuel supplied at the start of the rental. The charge will be based on the price of fuel in effect at petrol stations in Woodbridge/Melton IP12.
d All fines and court costs for parking, traffic and other offences (including any costs arising if the vehicle is clamped). You must pay the appropriate authority any fines and costs if and when the authority demands this payment. If you do not, you will be responsible to pay our reasonable administration charges relevant to us resolving these issues.
e The reasonable cost of repairing any extra damage which was not noted on our Pre-departure Form at the start of the rental agreement, whether you were at fault or not (subject to the clauses in Your Responsibilities). And the reasonable cost of replacing this vehicle if it is stolen, depending on any insurance you have, if and when we demand payment.
f The full cost of any mechanical damage to the vehicle arising from misuse or failure to stop in the case of a fault developing. This cost will only apply following the independent assessment of the vehicle.
g Any costs or charges arising from the use of incorrect fuel.
h Any charges arising from Customs and Excise seizing the vehicle, together with a loss-of-income charge while we cannot rent out the vehicle, if and when we demand payment.
i Any published rate for delivering and collecting the vehicle.
j Interest which we will add each day to an amount you do not pay us on time, at the rate of 4% p.a above the base lending rate of Nat West from time to time.
k Value added tax and all other taxes on any of the charges listed above, as appropriate.
Insurance
a Only those named on our insurance policy are permitted to drive our vehicles.
b Our vehicles are supplied with fully Comprehensive Insurance and UK breakdown cover. There is no Damage Waiver option available. A refundable deposit will be taken before hire commences to cover the insurance excess.
c The insurance excess varies by vehicle and will be notified to you on booking and all confirmation paperwork. Your excess payment is at risk if you damage the bodywork or mechanicals of the vehicle. In the event of bodywork damage to our vehicle or a third party we will automatically retain the full insurance excess. If the repair cost is less than the excess we will refund you the difference after the repair is completed.
d In the event of mechanical damage caused by improper use or mis-fuelling you will be liable for the full cost of repair, even where this exceeds the insurance excess. Improper use is defined as driving the car without due care or sympathy, or failing to operate the vehicle in line with our advice and guidance. This does not include mechanical breakdown and repair due to component failure caused by general wear and tear.
e In the event of dispute the nature and cause of damage will be assessed by an independent arbitrator.
Choice of car
a We maintain our vehicles to a high standard and we will not hire a vehicle to you with a known safety or reliability issue. However, it is the nature of classic cars that they are less reliable and require more maintenance than other forms of hire vehicles. Similarly, parts supply for such vehicles is not the same as it is for modern vehicles.
b It is therefore a condition of this agreement that you accept the increased risk of non-availability or breakdown before or on hire as an inherent element of hiring one of our vehicles.
c In the event we cannot supply we cannot provide the vehicle you have booked for your chosen hire date you are entitled to an alternative vehicle, generally of a higher specification, or we will give you vouchers to the value of the hire + 25% or £100 in vouchers, whichever is the greater to use at any time in the next 12 months.
d In the event of breakdown on hire, we will provide an alternative vehicle for the balance of your hire or credit you in vouchers for the unused portion of your hire, valid for 12 months.
e We are not responsible for any responsible for any consequential loss in any circumstances arising from breakdown or non-availability.
Gift Vouchers
a Gift vouchers are valid for 12 months from the date of issue- where appropriate. For an administration charge of £20 vouchers may be transferred to an alternative qualifying driver but no refund is available on unused vouchers.
b In certain circumstances vouchers may be extended for a further three months subject to an administration fee of £20.
c We reserve the right to cancel the Rental Agreement if the driver does not meet our insurance requirements at any time or if the information supplied is incorrect or cannot be verified. In such instances we will refund the hire cost in line with our Cancellation Policy and subject to a discretionary cancellation fee.
d If a gift voucher is used to pay for a booking you are bound by the terms of the gift voucher and not by our Cancellation Policy.
Vehicle contents
The vehicle is supplied with various contents including information pack, maps, guide books, spares, tools and other materials. These remain the property of Open Top Touring Ltd and must be returned at the end of the hire period. Failure to do so will result in a charge for replacements.
No Smoking or Pets
Please do not smoke or allow pets into our vehicles. Failure to comply will result in hire being cancelled and a charge of £25 being levied.
What to do if you have an accident
If you have accident do not admit responsibility. You should get the names and addresses of everyone involved, including witnesses. You should also:
Make the vehicle secure
Tell the police straight away if anyone is injured or there is disagreement over who is responsible.
Call our office straight away.
You must then fill in our Accident Report Form and send it to us immediately.
Data Protection
You agree that we may use any information you have given us to carry out our own market research. If you break the agreement we can give this information to credit reference agencies, the DVLA, debt collectors and any other relevant organisations. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA) who can pass it on to any of its members for any purpose shown in the Data Protection Act 1998.
Cancellation Policy
In the event of cancellation by the hirer up to 6 weeks before the hire period commences we will refund the full payment subject to an administration fee of £50.For cancellations between 6 weeks and 72 hours before the hire we will refund 50% of payment. Cancellations of less than 72 hours will forfeit full payment.
If for any reason we have to cancel the hire due to breakdown or safety issue we offer an alternative vehicle or credit you with vouchers. No refund or cash alternative is available.
In the event that you decide to postpone the hire or change dates, charges may apply. Postponements are acceptable up to 7 days in advance of the hire date subject to an administration fee of £25. Postponements with less than 7 days notice will be subject to the cancellation charges above.
Governing Law
a This rental agreement is governed by English Law irrespective of your country of residence or where the initial booking was made.
b This rental Agreement can only be signed by you at the time of delivery of the vehicle to you or your named driver.
CALL US TO CHECK CAR AVAILABILITY AND TO DISCUSS YOUR REQUIREMENTS BEFORE BOOKING.