DEFINITIONS
In this agreement, the following definitions apply unless the context requires otherwise.
The ‘Company’ shall mean BKP Limousines Ltd, registered in England and Wales,
‘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 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.
‘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 be deemed to mean a hire where the 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.
‘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.
1. RESPONSIBILITY
The hirer shall be responsible for the proper behavior of all of the passengers and shall be primarily responsible for any damage caused to the vehicle howsoever caused. It is 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 of the vehicle by the hirer or a member of his or her party, howsoever caused. This includes incitement or behavior 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 the 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 liability for any personal or material damages arising from 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.
2. GENERAL CONDUCT
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 the 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 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 no responsibility on behalf of the hirer’s party for any loses of 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, 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 results in the immediate termination of this agreement 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. 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 compensation. 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. This maximum number of passengers that can legally be carried in the vehicle is 8 in limousines and up to 13 people in Ford excursion, 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 to result in the vehicle and its passengers being uninsured. In addition, the chauffeur and the company could be fined as a consequence. Therefore there will be no compromises on the safety issue. The hirer accepts that owing to weight, there must be a restriction on luggage that can be safely and legally carried in our vehicles. Therefore, the hirer should, in doubt, advise the company if the number of pieces of luggage that they wish to carry, the dimensions and the approximate weight. The company will then use its best endeavors to provide advice on the suitability for carriage in terms of size and weight. However, the hirer expressly agrees that the final decision as to the decision on whether or not the luggage can safely or practically carried is with the chauffeur. The hirer expressly accepts the decision of the chauffeur shall be final decision and indemnifies the company against any loss, consequential or otherwise as a result of the decision of the chauffeur. Irresponsible behavior 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 restricted to; sitting on the exterior of the vehicle, hanging out of the windows, shouting abuse to other road users or pedestrians out of the window, rudeness or intolerance of the chauffeur misuse of the equipment, fixtures or consumable within the vehicle and willful damage to the interior generally. Such behavior 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 responsible for any loss, howsoever caused, by the irresponsible behavior of his or her party.
4. LIMITATION OF LIABILITY
The hirer accepts and indemnified 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 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 a 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. 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, but not limited to, traffic accidents, roadworks 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.
5. PAYMENT AND DEPOSITS
A deposit of £50.00 must be paid when returning this booking form and the balance 7 days prior to the date of the hire if paying by credit/debit card unless otherwise agreed or cash on the date of hire. Once deposit has been paid it is nonrefundable. Full payment is required if hire is cancelled 1 month before date of Hire. 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. In the event that the time or locations of the hire is changed prior to the booking or at the time of the booking, the company expressly reserves the right to make any additional charges 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, vomiting and illness. The minimum cost of a valet is £75.00 but this amount could increase dependent on the consequential damage. The responsibility for reimbursement of such cost is that of the hirer.
6. OTHER CONDITIONS
Any hirer must be over the age of 18.
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 clause. In the event that the hirer is a business then the company shall assume the responsibility of the hirer and will be bound to advise the bounty 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 as it entire discretion refuse any hire without explanation or reason.
