Standard Terms and Conditions
These are the terms and conditions (“Terms”) of Bramley Classics (“Bramley Classics”, “we”, “us”) for the hire of Classic Cars. Please read these Terms carefully as agreeing to hire a Classic Car from us means you have accepted these Terms. If there is anything you do not understand or do not agree with, please email or speak to us for guidance. Bramleyclassics@gmail.com Tel:07803 071892.
1. Definitions and Interpretation
a. “Customer” means the person paying for the hiring the vehicle.
b. “Classic Cars” means the vehicle(s) being hired to the Customer by Bramley Classics.
c. “Driver” means the nominated driver in any hire agreement entitled and insured to drive the vehicle.
d. “Party” means Customer and Bramley Classics.
e. “Parties” means Customer and Bramley Classics.
f. “Rental Agreement” means the rental agreement enacted between the Parties for the hire of a Classic Car.
g. Where there is any conflict with these Terms and the Rental Agreement then these Terms will prevail.
a. Your driving licence must be produced each and every time you hire a vehicle from us.
b. In addition, you must produce a further means of identification, which must be a utilities bill to you at your present address or an official letter to you at your present address.
c. You will also be required to leave a landline telephone number where you can be contacted either during the day or evening.
d. Bramley Classics reserves the right to refuse your rental if you do not produce your driving licence or for any other reason.
3. Driving Licence
a. All Drivers must be in possession of a current, full valid UK driving licence. With the new style driving licence you MUST produce the current up to date photo card.
b. You must also provide a National Insurance Number so that Bramley Classics can obtain a convictions verification gage from the DVLA Database.
i. You agree to provide the authority for Bramley Classics to enact this check.
4. Other Insurance Requirements
a. All Drivers must be between the ages of 25 and 78; unless the car being hired is a ”small classic” and the additional premium for Drivers aged 21-24 has been paid.
b. All Drivers have held full UK driving licences for a minimum of two years.
c. Any medical conditions which may affect eligibility for insurance have been notified to Bramley Classics and Bramley Classics have confirmed that cover can be provided.
d. Any insurance claim for any Driver in the last five years have been notified to Bramley Classics and Bramley Classics have confirmed that cover can be provided.
e. Any motoring conviction for any Driver in the last three years have been notified to Bramley Classics and Bramley Classics have confirmed that cover can be provided.
f. The Customer will only use the rented car for social, domestic and pleasure purposes.
g. When the Customer signs the rental agreement / insurance policy, the Customer will be confirming that the details they have suppled are correct and remain correct as at the start of the rental period.
a. Bramley Classics reserve the right to refuse to hire any Classic Car at their sole discretion and for any reason without liability to the Customer.
b. The Customer vehicle may be left at our premises entirely at own risk.
c. Bramley Classics’ total liability, in contract, tort (including negligence) or otherwise, howsoever arising, under this contract shall be limited to the total sum payable to us, as set out in the agreement to hire the Classic Car.
d. Bramley Classics cannot be held liable for any consequential or indirect loss caused by an event making the car unavailable; including but not limited to breakdown; accident, howsoever caused or bad weather making driving unsafe.
e. for any failure to perform, or delay in performance of, any of our obligations that is caused by an event outside our reasonable control.
f. Bramley Classics are only responsible for loss or damage to property left in the Classic Car if the loss or damage results from our negligence or a breach of contract.
g. You agree to disclose all relevant information on any insurance or requested forms and will not give any false information that may render our insurance policy invalid or result in rejection of any claim and agree to indemnify us against any claims for false information provided by you.
h. You also agree to indemnify Bramley Classics for any claims or losses for any failure of you to adhere to these Terms relating to use of the Classic Car and Bramley Classics will hold you solely responsible for any losses, including consequential loss and third-party claim, damages and legal fees resultant (including any inspection of the car for damage following misuse) for which you agree to indemnify us.
i. Any insurance cover is subject to the expiry date on any cover note. If the date and time is overlapped with the return of any Classic Cars, contact must be made with Bramley Classics to extend cover to ensure continuation of insurance cover.
j. The Insurance cover is invalid if hire has been paid for in cash.
6. Additional Drivers
In addition to the main Customer, it is possible for two other Customers to be insured to drive the vehicle, provided they meet our insurance requirements.
a. The Customer will have to pay the cost of fuel during the rental period. Bramley Classics policy is to rent cars out with a full tank of fuel and for The Customer to return the car with a full tank of fuel. In the event that this is not the case, the cost of refilling the fuel plus an administrative charge of £15 will be taken from the security deposit.
8. Hiring period
a. This is calculated on a 24-hour basis.
b. Rental times may be adjusted to suit individual Customers' requirements subject to the Classic Car availability. Collection and return times must also fall within Bramley Classics’ opening hours which are 8:00 AM to 10:00PM.
c. Where the Classic Car is returned outside daylight hours, the return inspection will occur the following day.
d. The Customer will remain responsible for the Classic Car in accordance with these Terms until it has been returned and a return inspection has taken place.
e. The Customer may use the Classic Car for the rental period shown in the Rental Agreement.
f. Bramley Classics may agree to extend this rental period but only at their sole discretion and providing there has been adequate time to arrange additional insurance cover.
g. Where a Customer is unavoidably detained, they must let Bramley Classics know immediately so that Bramley Classics can endeavour to extend the insurance cover.
h. Without prior agreement, a late return will mean that the car is no longer insured for the Customer to drive.
i. Failure to return the Classic Car on or before the end of the rental period, without agreement, will result in an additional charge at the day rate as published on the Bramley Classics website for every day or part day that the car is late.
j. In the event that the car is not returned within 24 hours of the agreed return date / time and, where there has been no agreement for an extension of the period in the Rental Agreement, Bramley Classics reserve the right to repossess the car and charge the Customer a reasonable amount for any costs incurred in so doing.
a. The full cost of the hire as set out in any Rental Agreement, plus a security deposit, must be paid before any Classic Car is released to the Customer.
b. Bramley Classics accept payment by
ii. Mastercard, Visa.
10. Customer Conditions and Responsibilities
a. You agree to:
i. look after the Classic Car and the keys to the Classic Car;
ii. always lock the Classic Car when you are not using it;
iii. always protect the Classic Car against bad weather, which can cause damage;
iv. make sure that you use the correct fuel, as you are responsible for any resultant damage;
v. not sell, rent or dispose of the Classic Car or any of its parts;
vi. not give anyone any legal rights over the Classic Car;
vii. not let anyone work on the Classic Car without our permission. If we do give you permission, we will only give you a refund if you have a receipt for the work done;
viii. not to smoke in the Classic Car;
ix. not drive under the influence of alcohol or drugs;
x. not carry animals in the Car;
xi. use all security devices fitted to or otherwise made available for the safekeeping of the Classic Car.
xii. comply with the Highway Code and all laws pertaining to all UK Road Traffic Act(s) whilst using the Classic Car;
xiii. indemnify Bramley Classics in the event of any parking fines and/or loss of earnings whilst the vehicle in impounded as a result of the fault of the Driver;
xiv. not undertake driving tuition; not utilise the car for any illegal or immoral purpose;
xv. not overload the car beyond the manufacturer's maximum weight recommendations and not carry goods of any description other than for personal luggage or shopping and not leave such items in sight within the car when it is not in use;
xvi. ensure any load carried is secured safely;
xvii. not carry more passengers than the car is intended for and as stated on the Bramley Classics Website;
xviii. inform Bramley Classics of any fault in the car. In the case of minor problems this can be on return of the car. For more serious problems The Customer must contact Bramley Classics on the numbers given at the earliest reasonable opportunity;
xix. abide by all laws and rules of the road pertaining in the United Kingdom;
xx. look after and return in the condition they were provided all contents supplied with the car, including information pack, maps, tools and other materials.
b. Only you or a named Driver on the insurance application may drive the Classic Car providing a full valid driving licence is held and a cover note has been issued to you.
c. You or your authorised named Driver must not:
i. use the Classic Car for hire or reward;
ii. use the Classic Car for racing, pace making, competitions, rallies, track days, trials or speed tests whether on the road, track, off road, land prepared for such use and whether the event is organised or informally arranged;
iii. drive the Classic Car outside England, Scotland and Wales;
11. What to do if you have an accident
a. If you have an incident you must not admit responsibility. You should get the names and addresses of everyone involved, including witnesses.
b. You should also:
i. make the Classic Car secure; and
ii. tell the police straight away if anyone is injured or if there is a disagreement over who is responsible; and
iii. call the Bramley Classics office on 07803 071892 straight away;
iv. Not leave the scene of the accident unless necessary in order to receive medical treatment until such time as the vehicle is in the safe custody of Bramley Classics appointed agent for the purpose of repair or recovery.
c. You must then fill in our incident report form when you return the Classic Car. If this is not possible, verbal details can be taken from you but a copy of the information you have supplied will need to be verified and signed by you.
d. In any case of accident, you must report the incident to us within 24 hours.
12. What to do if you have a breakdown
a. Bramley Classics endeavour to ensure rental cars are serviced and well maintained. Older cars are inevitably less reliable than modern ones and there is always a risk of breakdown.
b. Should the Classic Car break down or become undriveable during the period of the Rental Agreement period the Customer must stop driving, and contact Bramley Classics as soon as possible.
c. In the event of breakdown, the Customer should attempt to leave the car in as secure a location as is reasonably possible.
d. The Customer must remove the keys when they leave the Classic Car, and use any locks and security devices fitted to it or supplied with it.
e. The rental insurance will not cover theft where the car has been left unsecured and in such instances The Customer will be liable for the cost of replacement unless the breakdown has rendered the locks unusable.
f. Upon notification Bramley Classics will arrange for roadside recovery for all passengers and the car, with priority given to returning the Customer and passengers to collect their own vehicle.
g. In such circumstances, Bramley Classics appreciate that The Customer will have had a significant disappointment and compensation will be made to the limit of either:
i. a full refund; or
ii. a half refund with the option to rebook an equivalent time free of charge at a later date.
h. Exceptions to this, where Bramley Classics reserve the right to reclaim the full costs of recovery, which will typically be deducted from the Customer’s security deposit, are:
i. Driver induced or preventable faults including lack of fuel;
ii. Driver locked out of car due to lost or broken keys;
iii. Customer putting in wrong fuel;
iv. theft where it is established that the car was left in an unsecured state (e.g. not locked, etc.);
v. recovery of car if removed or clamped for illegal parking;
vi. accidental or other damage to the car due to a failure to comply with the terms of the Rental Agreement;
13. What to do if the car is stolen
a. Report the theft to the Police as soon as possible and obtain a crime number.
b. Contact Bramley Classics without unreasonable delay. This will allow us to both arrange your onward travel but also to liaise with the police to assist recovery (all of our cars are fitted with tracking devices which can be used in these circumstances).
c. Fill in our incident report form when we return you to collect your vehicle.
You or your authorised named Driver must not use the Classic Car for towing unless we have given you written permission.
15. Returning rental Classic Cars
a. Before you return the Classic Car you must check that you have not left any personal belongings in the Classic Car.
b. Classic Cars must always be returned back to us during opening hours.
c. We will not accept responsibility for Classic Cars damaged or stolen from outside our premises if dropped-off after hours.
d. If we have agreed that you may return the Classic Car outside business hours, you will remain responsible for the Classic Car and its condition until it is re-inspected by a member of our staff.
e. If you do not bring the Classic Car back on time you are breaking the conditions of this agreement. We can charge you for every day you have the Classic Car after you should have returned it to us.
f. Until we get the Classic Car back, we will charge you the daily rate you have rented the Classic Car at.
g. You will have to pay for reasonable costs of repair if:
i. We have to pay extra costs to return the Classic Car to its 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 Classic Car to its pre-rental condition); or
ii. the Classic Car has been damaged whilst in your care.
16. Overseas Travel
The Classic Car must not be taken outside England, Scotland or Wales.
17. Bramley Classics’ Responsibilities
a. We have maintained the Classic Car in line with good practice for classic cars .
b. It is important to note that Classic cars have a character reflecting their heritage. They will not drive like a modern car and requires a degree of understanding by the Driver.
c. Bramley Classics assure you that the Classic Car is roadworthy and suitable for renting at the start of the rental period.
d. In addition, we are responsible for loss caused by:
i. the Classic Car not matching our description of it;
ii. the Classic Car not being fit to drive;
iii. Bramley Classics not having the legal right to rent out the Classic Car.
a. You agree to pay the following charges:
i. the rental and any other charges according to our price list and as reflected on our website and included in the Rental Agreement;
ii. any charge for loss or damage due to you not keeping to your responsibilities;
iii. a refuelling 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 printed on any Rental Agreement;
iv. all fines and court costs for parking, traffic, or other offences (including any costs which arise if the Classic Car 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, which arise when we deal with these matters on your behalf;
v. a loss-of-income charge, when we demand it, if we cannot rent out the Classic Car because it needs to be repaired or it is a write-off (can't be repaired);
vi. any published rates for delivering and collecting the Classic Car;
vii. you are responsible for all charges, even if you have asked someone else to be responsible for them.
b. The Customer will also be required to pay a Security Deposit, at the rate shown on the booking confirmation. This will typically be taken as a credit or debit card payment at the time that the rental commences.
c. The Security Deposit will be refunded after the car has been returned, subject to a satisfactory inspection. Please note, that Bramley Classics cannot allow cars to be taken without receipt of the security deposit.
i. Should the booking be cancelled prior to the rental commencement, but after a security deposit has been paid, the Security Deposit will be fully refunded.
d. The rental price includes comprehensive insurance, Collision Damage Waiver Insurance (“CDW”), the agreed number of miles and parking for The Customer’s vehicle during the period of the rental. There is a charge per mile for mileage in excess of the agreed miles which are a maximum of 150 miles per day. The additional mileage charge is highlighted on Bramley Classics web site at the time of booking. Where an additional mileage charge is incurred this will be deducted from the security deposit.
19. Payment Terms & Cancellation
a. A deposit will be taken at the point of booking reservation and full payment must have been received no later than one week prior to the date of rental commencement.
b. If full payment has not been received by this time, the booking will be cancelled and the deposit will not be refunded.
c. The Customer may cancel the booking at any time, subject to the following cancellation charges:
i. within one week of the date of booking – no charge;
ii. if cancelled after one week but up to 72 hours ahead of the rental commencing the cancellation cost will be 25% of the booking cost;
iii. if cancelled within 72 hours of the rental commencement date but not on the day of rental commencement the cancellation cost will be 75% of the booking cost
iv. cancellation on the day of the booking will incur the full booking cost.
d. Where Bramley Classics are owed money by the Customer for greater than 30 days, interest will be added at the rate of 4% pa above the base lending rate of Barclay’s Bank PLC with interest accruing on a daily basis.
20. Rental Commencement
a. The Customer should arrive thirty minutes prior to the time of the rental commencing. This will allow Bramley Classics to:
i. complete all paperwork;
ii. carry out a joint inspection of the car with the Customer to ensure that any marks or other problems are noted. To further protect both parties, where the collection occurs in daylight hours a brief video of the car will be taken to act as a further record of the condition of the car at the time that the rental commenced. Specific photos may also be taken to highlight any pre-existing damage;
iii. confirm that the car has been supplied with a full tank of fuel;
iv. provide the Customer with an overview of the car and its controls.
b. Bramley Classics will also include, in the car, further documentation providing a simple guide to the major controls and this overview will:
i. explain where the major controls are;
ii. explain the keys and locking instructions for the car;
iii. explain the use of alarms and immobilisers, where fitted;
iv. explain the workings of the hood, where appropriate;
v. provide tips for The Customer when driving a classic car – for example:
1. the absence of power steering means that the steering is both heavier and typically less highly geared than a modern Classic Car; and
2. explain that older cars have brakes which are not nearly as responsive as those of a modern car
21. Weather and Non-availability of booked Classic Car
a. Bramley Classics will use all reasonable endeavours to supply the Car which has been booked, on the dates which have been booked. However, if this is not possible, Bramley Classics will notify the Customer as soon as possible and give the Customer a choice of alternative date(s), or cancellation (and a full refund).
b. In the event of weather considered by Bramley Classics to make driving unsafe (e.g. ice and / or snow) Bramley Classics will contact the Customer and give the Customer a choice of alternative date(s), or cancellation (and a full refund).
22. Ending the agreement
a. If we end any Rental Agreement it will not affect our right to receive any money we are owed under the conditions of any Rental Agreement.
b. We can also claim reasonable costs from you if you do not meet the main requirements of any Rental Agreement.
c. We also reserve the right to repossess the Classic Car (and charge you a reasonable amount) without using unreasonable force or causing damage.
23. Data Protection
a. You consent to a photograph being taken at the time of hire.
b. Bramley Classics will adhere to the provisions of the General Data Protection Regulation 2016/679 (“GDPR 2018”) in respect of all information provided by the Customer and held by Bramley Classics.
c. You agree that Bramley Classics may use any information you have given us to carry out our own market research.
d. If you break the agreement, we can give this information to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors and any other relevant organisation.
a. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid, illegal or unenforceable provision eliminated.
25. Contracts (Rights of Third Parties)
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person who is not a party to this Agreement shall be entitled to enforce any of the provisions of the Agreement pursuant to that Act.
26. Governing law
This Agreement is governed by, and is to be construed in accordance with, English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.