In this agreement, the following definitions apply, unless the context requires otherwise:
“The company” shall mean (Shockwave Land Cruisers).
“Employee” shall have the meaning of any employee of the company including any driver or chauffeur employed by the company.
“Hirer” shall be deemed to be the person who has signed the agreement and, or 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 a deposit has been paid to hold the date, but the full amount has not been paid.
“Vehicle” shall mean any vehicle 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 hired.
The hirer shall be responsible for the proper behaviour of all the passengers and shall be primarily responsible for any damage caused to the vehicles, howsoever caused. It is an express condition of the hirer, that the hirer accepts this responsibility. The hirer shall be fully responsible for any damage caused both inside and outside the vehicle by the hirer or member of his or her party, howsoever caused. This includes incitement or behaviour resulting in damage to the vehicle or 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 may determine the company that will affect the repairs. Furthermore the hirer shall be responsible for the payment of a fixed rate which shall be determined by the company at its sole discretion for the period to which the vehicle cannot be used as a consequence of said damage and repairs. That not withstanding 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 liability for any personal or material damages arising from the conduct of his or her party.
2. General conduct
The hirer is responsible for the general conduct and behaviour of their party. 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 drinks are supplied by the company these must be consumed in the vehicle and may not be removed for any reason whatsoever. The company will not allow red wine or any dark coloured drink or jelly shots to be consumed within the vehicle at any time owing to the potential damage to the interior as a consequence of damage. The opening of champagne style bottles can be hazardous to the occupants of the vehicle and may give rise to damage of the vehicle therefore bottles may only be opened by the chauffeur. The hirer accepts responsibility on behalf of their party for any losses of property of the company that is provided in the vehicles for the benefit and pleasure of the passengers. This is includes, but is not limited to, fixtures, glassware, CDs, DVDs, controls, iPads, and the like.
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 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. It is a legal requirement that all passengers where a seatbelt where fitted. Where fitted all passengers are required to wear a seatbelt; 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 chauffeur against any fines imposed as a consequence of any 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 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 their party failing to adhere to this condition, and the hirer accepts responsibility for any damage to the vehicle or any third party as a result of the hirer or their party failing to adhere to this condition. The company gives notice to the hirer who shall undertake to advise all others in their party to use the seatbelts provided and not stand up or move around whilst the vehicle is in motion. The company shall not be held liable or responsible for any incidents which occur as a failure to heed this advice. The maximum number of passengers that can be legally carried in our vehicles is either twelve or sixteen, depending on the vehicle. 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 rule traffic regulation would likely 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 compromise on safety issues. Irresponsible behaviour which could give rise to damage to the vehicle or endanger the safety of other passengers will not be tolerated in any form. This includes but is not restricted to; sitting on the exterior of the vehicle, shouting abuse to other road users or pedestrians, misuse of equipment, fixtures or consumables within the vehicle, and wilful damage to the interior 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 their party.
4. Limitation of Liability
The hirer accepts and indemnifies the company and its employees against any loss, consequential or otherwise, as a result, direct or otherwise, as 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 type of 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-vehicle entertainment such as TV screens, video, Ipad 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. In the event that a vehicle is subject to an accident or mechanical failure, or is no longer safe to drive, the company shall make alternative arrangements to get the hirer and their party to their destination. The company may at its entire discretion may determine the method of onward travel, alternatively the hirer or their party may make alternative arrangements at their cost for which no claim may be made against the company. The hirer specifically accepts that the hire is based on a best endeavours basis and therefore no specific guarantee can be made it the terms of time, reliability of the vehicle, and events out of the direct control of the chauffeur or the company. The company assumes no responsibility nor does it provide any guarantees whatsoever for ensuring that the hirer arrives at their 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 as but not limited to; traffic accidents, road works, 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. The company reserves the right to change a specification of the vehicle at any time provided that where 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 vehicle booked is the one provided for the hire.
5. Payments and Deposits
To make a reservation the hirer shall be required to pay a deposit which shall be at least £50 or 35% (whichever is the greater) of the hire total (deposits are non returnable). However the hirer accepts that once a booking is made to confirm the hire, no refunds will be provided for any reason whatsoever.
Cancellations made with in the following time period of your hire date will be charged the following rates.
99-75 days 25% of the total booking cost. 74-51 days 50% of the total booking cost.
50-31 days 50% of the total booking cost. 30-0 days 50% of the total booking cost.
Payments of the remainder of the balance for the hire becomes payable 30 days prior to the date of the hire. Failure to pay in the this time may result in the cancellation of the agreement and the loss of any deposit paid. Where payment is past its due date but has not been received, this shall be deemed as a breach of this 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 hirer to pay the full amount due. The company requires that a credit/debit card is provided prior to, or on the night of the hire, as security against any loss or damage, or loss sustained by the company, or the hirer can agree to pay a deposit of £150 including VAT. 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 damages by the company against the hirer.
6. Additional Charges
Time permitting; the chauffeur 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 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 location of the hire is changed prior to the booking, or at the time of the booking, the company expressly reserves the right to make additional charges and to set such charges against the hirer’s deposit or credit/debit card. Where a hire extends beyond the period of the booking for whatever reason, 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 their 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 arte not limited to; spillage of food, drinks and illness. The minimum cost of a valet is £100 + VAT but this amount could increase dependant on the consequential damage. The responsibility for reimbursement of suych cost is that of the hirer. Unless advised otherwise, the hirer shall be responsible for any parking charges which shall be charged at cost on the night, or will be set against any deposit held by the company. Where the chaufeeur has to collect the hirer or their party 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 15 minutes at the appropriate rate. In the case of airport collections, the company assumes a waiting time of 30 minutes before any charges are imposed for waiting time and parking.
7. Other Conditions
The hirer must be over the age of 18 years.
Prom bookings must be paid in full before the hire date to avoid any delays to the hire period.
No alcohol is to be brought into any vehicle, except that supplied by the company, without written authorisation. Alcohol will not be served to under 18s. If the hirer or any of their party is under 25 years of age, they may be asked to provide ID.
No responsibility will be accepted by the company for any injury caused to the hirer or their party, by glassware in the vehicle, under any circumstances.
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.