Ts & Cs
Our terms and conditions comprise the Rental Agreement between Big Sky Holdings Ltd trading as Big Sky Classic Car Hire and you. Please read these terms carefully as failure to read them is not a defense in law.
1. Your contract with us
- When you book you accept the terms set out in this Rental Agreement. If there is anything you do not understand or do not agree with, please contact us by email or phone. By signing the Rental Agreement you accept responsibility for the information provided about yourself and any named driver and also accept the Terms and Conditions herein.
- By giving us your credit or debit card details you hereby authorise us to obtain a pre-authorisation code for the insurance cautionary deposit and to debit to your card charges or surcharges if necessary.
You have 7 days from the date of your booking to query or cancel your booking. Thereafter these terms are binding. These terms are immediately applicable if your hire period commences within 7 days of the booking confirmation date.
3. Rental period
The vehicle will be made available to you for the rental period shown in the Rental Agreement. We may agree to extend this rental period up to a maximum duration of 30 days.
If you do not return the vehicle by the stipulated time you are breaking the conditions of this Rental Agreement. We can charge you the full contracted daily rate for every day or part-day you have the vehicle after you should have returned it to us.
4. Your responsibilities
- You must look after the vehicle and the keys to the vehicle. You must always lock the vehicle when you are not using it, and use any security devices fitted to it or supplied with the vehicle. You must always protect the vehicle against bad weather which can cause damage. You must make sure that you use the correct fuel.
- You are responsible for any damage to the vehicle caused by hitting low-level objects, such as bridges, low branches, speed humps or kerbs or the use of incorrect fuel.
- 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.
- You must not let anyone, including you or any other drivers, work on the vehicle without our permission. If we do give you permission, we will only give you a refund if you have a receipt for the work.
- You must let us know as soon as 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.
- You must bring the vehicle back to our facility within our published normal working hours at which time one of our staff must see the vehicle to check that it is in good condition. If we have agreed that you may return the vehicle outside business hours you will remain responsible for the vehicle and its condition until it is inspected by a member of staff.
- You will have to pay for reasonable costs of repair if:
- We have to pay extra costs to return the vehicle to its original condition when the pre-rental inspection was carried out (for example, if extra valeting time or special material or equipment is needed to restore the vehicle to its pre-rental condition).
- You have damaged the inside or outside of the vehicle.
- You fail to abide by any specific instructions relating to each car as explained during the familiarisation process.
- 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.
- Before you bring back the vehicle you must check that you have not left any personal belongings in the vehicle.
5. Our responsibilities
- We have maintained the vehicle to at least the manufacturer’s recommended standard. We assure you that the vehicle is roadworthy and suitable for renting at the start of the rental period. We will not hire a vehicle with known safety or reliability faults and therefore this may result in cancellation. Given the nature of the vehicle and its age, it is a condition of hire that you accept that it inevitably will have some defects. Such defects are acceptable under our agreement provided they do not compromise safety and reliability.
- We are responsible if someone is injured or dies as a result of our negligence, act or failure to act.
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.
7. Conditions for using the vehicle
The vehicle must only be driven by you and any other named driver or by anyone else we authorise in writing. By signing the Rental Agreement you agree that we may verify through credit agencies, the DVLA and any other source the personal, credit and driving information provided by you for yourelf and any other named driver.
- Anyone driving the vehicle must have a full valid UK or EU driving licence and meet the following criteria:
- Be aged between 25 and 75 on the final day of hire.
- Has not been convicted of a motoring offence or had their licence suspended or had their licence endorsed with more than 6 fixed penalty points within the last 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 un-adapted vehicle (if in doubt, please contact us).In addition you (the hirer) will not:
- Use the vehicle for hire or reward.
- Use the vehicle for any illegal purposes.
- Use the vehicle for racing, pace-making, reliability testing and speed or teaching someone to drive.
- Use the vehicle while under the influence of alcohol or drugs.
- Drive the vehicle outside England, Scotland, Wales unless we have given you written permission.
- Ensure that any load/cargo is secured safely and does not exceed the manufacturer’s maximum weight recommendations.
You or any other authorised driver must not use the vehicle for towing.
All charges for which you are or might become liable are calculated according to 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. An estimate of the necessary repairs will be obtained and forwarded to you and upon completion of said repairs a copy of the final invoice(s) will also be forwarded to you. In the event that the damage is less than the value of the deposit we will at the same time refund the difference to your nominated account or card. You are 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:
- The rental and any other charge we work out according to this Rental Agreement.
- Any charge for loss or damage resulting from you not keeping to condition 3.
- A refueling service charge if you have used, and not replaced, the quantity of fuel that we supplied at the start of the original rental. The charge will be based on the rates in effect at the petrol stations in Framlingham IP13.
- All fines and court costs for parking, traffic or other offences (including any costs which arise 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.
- 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 para.4). And the reasonable cost of replacing this vehicle if it is stolen, depending on any insurance you have, if and when we demand this payment.
- The full cost of any mechanical damage to the vehicle arising from misuse or failure to stop in the event of a fault developing. This cost will only be applied following an independent assessment of the vehicle.
- Any costs or charges arising from the employment of our Breakdown Service contractor to replace a flat tyre or correct the use of incorrect fuel or other minor items not covered under the policy.
- 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 this payment.
- Any published rates for delivering and collecting the vehicle.
- Interest which we will add every day to an amount you do not pay us on time, at the rate of 3% a year above the base lending rate of HSBC Bank from time to time.
- Valued added tax and all other taxes on any of the charges listed above, as appropriate.
- Only those people named on our Insurance Policy are permiited to drive our vehicles.
- Our vehicles are supplied with fully Comprehensive Insurance and full UK breakdown cover. There is no Damage Waiver option available. A refundable deposit will be taken before hire commences to cover the insurance excess.
- The insurance excess varies by vehicle and is notified to you on booking and in 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 for bodywork is less than the excess you will be refunded the difference after repair.
- 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 vehicle without due care or sympathy or failing to operate the car 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.
- In the event of dispute the nature and cause of the damage will be assessed by an independent arbitrator.
11. Choice of car
- We maintain our cars 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.
- 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.
- In the event that we cannot provide the vehicle you have booked for your chosen hire dates you are entitled to an alternative vehicle, generally of a higher specification, or we will give you vouchers to the value of the hire, plus 25% or £100 in vouchers, whichever is the greater, to use at any time in the next 12 months.
- In the event of breakdown on hire, we will provide an alternative car for the balance of your hire or credit you in vouchers for the unused portion of your hire, valid for 12 months.
- We are not responsible for any consequential loss in any circumstances arising from breakdown or non-availability.
12. Gift Vouchers
- Gift vouchers are valid for 12 months from the date of issue – where appropriate. For an administration fee of £20 vouchers may be transferred to an alternative qualifying driver but no refund is available on unused vouchers.
- In certain circumstances vouchers may be extended for a further 3 months subject to an administration fee of £20.
- 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.
- If a gift voucher is used to pay for a booking you are bound by the terms of the gift voucher and not by the cancellation policy detailed in section 17.
13. Vehicle contents
The vehicle will be supplied with various contents including information pack, maps, guide books, spares, tools and other materials. These remain the property of the company and must be returned at the end of the hire period. Failure to do so will result in a charge for replacements.
14. No Smoking and 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.
15. What to do if you have an accident
If you have an accident you must 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 a 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.
16. Data Protection
If you break the terms of this agreement we can give this information to credit reference agencies, the Driver and Vehicle Licensing Agency (DVLA), debt collectors and any other relevant organisations. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA).
17. 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 £75.
- For cancellations between 6 weeks and 72 hours before the hire we will refund 50% of the full payment.
- Cancellations of less than 72 hours before the hire period commences will forfeit the full payment.
- If for any reason we have to cancel the hire due to breakdown or a 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.
18. Governing Law
- This Rental Agreement is governed by English Law irrespective of your country of residence or where the initial booking was made.
- This rental Agreement can only be signed by you at the time of delivery of the vehicle to you or your named driver.