Vanilla Classics Terms and Conditions of Hire

1. Definition of Terms
‘Agreement’ means the Vehicle Rental Agreement attached, and additional handover documents and the terms and conditions herein, including references to the Vehicle Handbook.
‘Driver’ is each and every person who has applied to drive the Vehicle during the Rental Period.
‘Hirer’ means the person or persons nominated as the hirer under the heading ‘Hirer Details’ on the Vehicle Rental Agreement and any person whose credit card is presented in payment of Vanilla Classics’ charges.
‘Included Mileage’ is the maximum mileage permitted before a mileage surcharge is added and is shown on the Vehicle Rental Agreement. For a daytime hire the mileage is 100 miles; for other hires, the allowed mileage is 100 miles per night away.
‘Rental Period’ means the hire period referred to under the heading ‘Booking Details’ on the Vehicle Rental Agreement or any agreed variation thereof and any other period during which the Vehicle is in the Hirer’s possession or control.
‘Security Deposit’ means the deposit detailed under the heading ‘Vehicle Security Deposit’ in the Vehicle Rental Agreement.
‘Vanilla Classics’ means PMC247 Ltd, whose registered office is at The Granary, Brewer Street, Bletchingley, Surrey RH1 4QP, registered in England number 6080823, trading as Vanilla Classics.
‘Vehicle’ means the vehicle described under the heading ‘Vehicle Details’ on the Vehicle Rental Agreement and includes tyres, tools, accessories and any other special equipment, documents related to the Vehicle and any replacement or substitute Vehicle which may be provided at the discretion of Vanilla Classics.
‘Vehicle Handbook’ is the handbook provided in the vehicle which contains data and procedures specific to each vehicle.
‘Vehicle Rental Agreement’ means the schedule with the same title which is attached to these Terms and Conditions as has been signed by the Hirer

2. Handover and Return of the Vehicle
2.1 Handover.
a) Handover takes place from the start time of the hire during working hours. Handover outside of working hours may incur an additional fee of £50.
b) The Hirer acknowledges having received the Vehicle in a clean condition and in sound working order in accordance with the departure checklist and with a full fuel tank.
c) Handover cannot take place unless all documents requested are brought for each Driver. The documents are: all parts of a driving licence showing the address of the Driver; a utility bill or bank statement showing the same address for the Driver. By prior agreement other documents may be acceptable, but the Hirer should be aware that any Driver that does not produce acceptable documents will not be able to drive the Vehicle and that if there are no Drivers able to drive the vehicle the hire will be effectively cancelled by the Hirer with no refund available.
d) Where a vehicle has previously been returned with a mechanical or cosmetic defect, Vanilla Splits may need to delay the handover whilst these issues are resolved. The Hirer agrees that a delay of up to 2 hours will be accepted to resolve mechanical issues, and that any residual cosmetic damage which does not compromise safety will fail to be good reason for the hire to be cancelled.
2.2 Return.
a) The Hirer agrees to return the Vehicle in a clean condition with a full fuel tank by the return date and time set out under the heading ‘Return date’ in the Vehicle Rental Agreement.
b) Within 2 working days of the return of the vehicle, whether the Hirer is present or not, Vanilla Classics will inspect the vehicle, and advise the Hirer of any damage or shortages which could affect the return of the Security Deposit.
c) Except in the case of breakdown, the Hirer acknowledges that Vanilla Classics will not refund any monies, nor have any obligation to provide a replacement Vehicle, if the Vehicle is returned early or the Hirer ceases to have the use of the Vehicle prior to the return date for any other reason e.g. accident, weather or theft.
d) If the vehicle is returned after the return date and time as set out in the Vehicle Rental Agreement, Vanilla Splits may charge a late return fee of £50 per hour or part hour. However, should Vanilla Splits suffer any other costs or losses as a consequence of the late return, including but not limited to the cancellation of the next hire, the Hirer shall be liable for these in addition to the late return fee.

3. Payment of fees and Cancellation
3.1 Before any hire can take place, the Hirer must pay the hire fee in full.
3.2 Prior to handover the Hirer is required to pay the Security Deposit either in cash or by credit/debit card; cheques are not acceptable unless sent one week in advance of the start date.
3.3 During or following the Rental Period the Hirer agrees to pay:
a) A valeting fee of £100 if the Vehicle is not returned with the interior in a clean condition;
b) A service charge of £25 plus the cost of fuel if the vehicle is not returned with a full fuel tank;
c) A surcharge of £1 per mile for distance travelled that exceeds the Included Mileage;
d) The cost of any damage to the Vehicle or the property of any third party, subject to the terms of the insurance cover;
e) All applicable government fees and duties;
f) All parking fines, other fines or penalties, and/or the costs or replacement, reinstatement or repair following accidents, including third party property damage not reported on return of the Vehicle, and associated administrative costs incurred in relation to the Vehicle during the Rental Period;
g) Any other fees or charges payable pursuant to this Agreement. This includes any fees, costs or losses incurred by Vanilla Classics or any other party as a result of any breach of the terms of this Agreement by the Hirer;
h) The daily rental rate for the period the Vehicle is off fleet for accident repairs if outside the Rental Period; and
i) The cost to recover a Vehicle which has become bogged.
3.4 In the event of cancellation prior to hire, Vanilla Classics will make a refund subject to the following terms:
a) More than 4 weeks before start date – 90% of the hire fee;
b) Less than 4 weeks before the start date – no refund.

4. Payment of Charges - Joint and Several Liability
All charges and expenses payable by the Hirer under this Agreement are due on demand by Vanilla Classics. If the Hirer does not pay all charges due, a late charge of 1.5% per calendar month on the outstanding balance and any collection costs incurred by Vanilla Classics, including reasonable legal fees, will be added. When the Hirer comprises more than one person, each person is jointly and severally liable for all obligations of the Hirer pursuant to this Agreement.

5. Credit Card Payment
Vanilla Classics will accept payment by certain credit cards. Where payment is paid by credit card, the Hirer agrees that:
a) Vanilla Classics is irrevocably authorised to complete any documentation and to take any other action to recover from the credit card issuer all amounts due pursuant to this Agreement, including but not limited to, any amounts due in respect to damage to the Vehicle or to the property of a third party and all other additional charges as they are incurred, including all parking and traffic infringement penalties, road toll fines, London congestion charges, and associated administration costs;
b) the Hirer will not dispute any liability to Vanilla Classics for any amount due under this Agreement and shall indemnify and keep indemnified Vanilla Classics against any loss incurred (including legal costs) by reason of notifying a credit card issuer of such dispute.
c) Vanilla Classics may process the credit card voucher. In the event that Vanilla Classics elects to accept payment of the Security Deposit by holding an open security payment (which may be cancelled at the completion of the Rental Period), the Hirer agrees that Vanilla Classics is entitled to obtain payment from the credit card issuer pursuant to paragraph 5(a) in respect of any amounts due which are not known at the time of cancelling the open security payment.
d) The Hirer acknowledges that all transactions under this agreement are conducted in Pounds Sterling. For credit card accounts held in a different currency, the Hirer acknowledges that all payments and refunds will be made at the prevailing exchange rate of that credit card company, and that Vanilla Classics cannot accept any liability for exchange rate variations or charges that may occur.

6. Hirer Warranties
The Hirer warrants that all information supplied to Vanilla Classics in connection with this agreement is true and complete. In particular, at the time of hire the Hirer warrants that the information provided with the booking has not materially changed, including but not limited to points on a Driver’s licence. Any material change in Hirer or Driver details may result in the hire not proceeding but this will be treated as cancellation by the Hirer with no refund available.

7. Vehicle Damage – Insurance Cover
The Hirer agrees that:
a) The Vehicle is insured for damage to the Vehicle and the property of a third party
b) The Hirer will have to pay an excess in the event of any claim. The insurance excess is normally £750 unless agreed otherwise in writing.
c) Vanilla Classics have recommended that independent travel insurance is taken out by the hirer to cover items not part of the Insurance, last minute cancellations etc.

8. Security Deposit
a) Prior to handover of the Vehicle, the Hirer agrees to pay the Security Deposit
b) The Hirer irrevocably authorises Vanilla Classics to deduct from the Security Deposit any amounts due to Vanilla Classics arising out of this Agreement.
c) Provided the vehicle is returned without the need for any deduction, the Security Deposit will be refunded by cheque sent by post within 7 working days. Vanilla Classics reserves the right to make deductions from the Security Deposit in accordance with section 3.3 of this agreement. In this event, the balance of the Security Deposit less the costs of damage and shortages will be refunded by cheque once all the costs are known.

9. Driving Restrictions
a) The Vehicle may only be driven on sealed/bitumen roads.
b) The Vehicle may not be driven above legal speed limits, or above any maximum specified in the Vehicle Handbook if less.
c) The Hirer acknowledges that Vanilla Classics reserves the right at any time, at its sole discretion, to restrict Vehicle movement in certain areas due to adverse road or weather conditions or any other reasonable cause.

10. Use of the Vehicle
The Hirer agrees that during the rental period the Vehicle will not be:
a) driven other than in a cautious, prudent and normal manner in accordance with relevant laws
b) used in a manner which could cause harm
c) driven in a prohibited area or in an area other than the areas previously indicated to Vanilla Classics
d) driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
e) left with the ignition key in the Vehicle while unoccupied
f) left unoccupied without both the steering wheel security lock applied and the navigation system stored out of sight.
g) driven by any person who is not shown as a Driver/Hirer on the Vehicle Rental Agreement.
h) damaged by: submersion; contact with salt water; used for any illegal purpose; used for any race, rally contest; used to tow any vehicle or trailer; used to carry passengers or property for hire or reward; used to carry more persons than permitted by any relevant authority or detailed in the Vehicle manual or on the Vehicle or specified in this Agreement; used to carry volatile liquids, gases, explosives or other corrosive or inflammable material; otherwise used in breach of my obligations under this Agreement
The Hirer acknowledges that, in accordance with the relevant legislation, the Driver of the vehicle is responsible for the safety of any children using baby or child seats. The supply and fitting of any such equipment is the sole responsibility of the Hirer and Vanilla Classics can accept no liability whatsoever for defective child or baby seats or the incorrect fitting of the same by the Hirer.

11. Alterations to the Vehicle
The Hirer shall not make any alterations or additions to the Vehicle without the prior written consent of Vanilla Classics.

12. Pets
The Hirer will not allow any animals to be carried in the Vehicle unless agreed in writing by Vanilla Classics before travel. The Hirer acknowledges that any damage, repair costs or extra valeting costs incurred from a pet being in the Vehicle must be paid for in full.

13. Maintenance
13.1 The Hirer shall take reasonable steps to properly maintain the Vehicle, including oil checks and batteries. The Hirer acknowledges that Vanilla Classics will reimburse expenditure up to £40.00 reasonably incurred in rectifying any mechanical failure to the drive train and engine of the Vehicle (not including the audio equipment) provided that:
a) Work has been undertaken with the prior consent of Vanilla Classics;
b) Any claim is accompanied by the relevant receipts; and
c) The damage is not due to any fault or breach of this Agreement by the Hirer.
13.2 The Hirer agrees that the tyres on the Vehicle are visibly sound and within legal limits. Any damage or repair to tyres is the responsibility of the Hirer, unless it can be shown that damage is due to invisible defects in the manufacture of the tyre which are covered by a manufacturer’s warranty, in which case Vanilla Classics may reimburse the Hirer. For any reimbursement the Hirer must:
a) Return the defective tyre to Vanilla Classics for inspection and return;
b) Produce appropriate receipts; and
c) Accept the decision of the manufacturer as to whether reimbursement is made.
13.3 The Hirer will be liable for any costs associated with the use of incorrect fuel

14. Responsibility should an accident occur
In the event of any accident, loss or damage arising out of the use of the Vehicle, the Hirer will:
a) notify Vanilla Classics within 2hrs of the event
b) Obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station;
c) Complete an accident report form as supplied;
d) Not make any admission of liability to other parties, settlement offer or other like offer;
e) Assist Vanilla Classics in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence if requested.
The Hirer acknowledges that the excess or other amount due in respect of any damage arising from an accident, loss or damage is payable at the time of reporting the event and not at the completion of the rental period.
The Hirer agrees to pay for any costs relating to the delivery of a change over Vehicle as a result of an accident regardless of which party is at fault.

15. Terminating the Agreement
The Hirer acknowledges that if:
a) The Hirer is in breach of any term of this Agreement, or
b) The Vehicle has been obtained through fraud or misrepresentation; or
c) The Vehicle appears to be abandoned; or
d) The Vehicle is not returned on the agreed return date or Vanilla Classics reasonably believes that the Vehicle will not be returned on the agreed date; or
e) Vanilla Classics considers, on reasonable grounds, that the safety of passengers or the condition of the Vehicle is endangered;
then Vanilla Classics may terminate this Agreement and repossess the Vehicle at any time, without notification to the Hirer, and that the Hirer will pay the reasonable costs of repossessing the Vehicle, including towing charges. The Hirer also agrees that in the event of such termination or repossession, there is no right to a refund of any part of the rental charges or of the Security Deposit.

16. Change of Vehicle
If the Vehicle booked by the Hirer should not be available at the time of hand over, Vanilla Classics reserves the right to substitute a comparable or superior Vehicle for the Vehicle booked. In that event, the Hirer shall not be liable for any increased rental or other charges save for any additional running costs pertaining to the substitute Vehicle. Such substitution shall not entitle the Hirer to any refund and does not constitute a breach of this Agreement.

17. Release and Indemnity of Vanilla Classics
Subject to its obligation to hand over the Vehicle or an appropriate substitute Vehicle, the Hirer releases Vanilla Classics, its employees and agents, from any liability for any loss or damage incurred by the Hirer by reason of this Agreement, including but not limited to:
a) Any loss or damage caused by breakdown, mechanical defect or the Vehicle being unsuitable for any purpose;
b) Any loss or damage to any property left in or on the Vehicle, in any service vehicle or on any Vanilla Classics premises or recovered or handled by Vanilla Classics.
Subject to any insurance arrangements agreed with Vanilla Classics, the Hirer hereby indemnifies and shall keep indemnified Vanilla Classics, its employees and agents against any claims, demands and expenses (including legal costs) incurred or sustained by them or any of them by reason of the Hirers use and/or possession of the Vehicle.

18. Breakdown.
Vanilla Classics will hand over the vehicle in good mechanical condition but the Hirer must be aware that the Vehicle is not modern and therefore cannot be as reliable as a newer vehicle. The Vehicle is covered with AA Home Relay providing roadside repair or recovery and transport of vehicle and occupants to a UK address. In the event of a breakdown:
a) If appropriate Vanilla Classics may take reasonable steps to replace the Vehicle at its location, but this is not guaranteed
b) The liability of Vanilla Classics is limited to the cost of returning the vehicle and the Hirer to the point of hire.
c) The Hirer expressly releases Vanilla Classics from any liability for consequential losses arising from a breakdown, and is strongly advised to take out independent travel insurance to cover costs and possible compensation arising. Examples of consequential losses are accommodation costs and the cost of missed events.

19. Title to Vehicle
The Hirer acknowledges that Vanilla Classics retains title to the Vehicle and that the Hirer possesses the goods as a mere bailee only. The Hirer does not have any right to pledge Vanilla Classics credit in connection with the Vehicle and agrees not to do so, and shall not agree, attempt, offer or purport to sell, assign, sublet, lend, pledge, mortgage, let on hire, or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Vehicle.

20. Changes
Any changes to this agreement must be in writing and must be signed by suitably authorised signatories on behalf of Vanilla Classics and the Hirer.

21. Data Protection, Privacy and Human Rights
The Hirer understands that personal data relating to the hire of the Vehicle is stored on computer systems used by Vanilla Classics, and will be used only in accordance with the normal course of their business. The Hirer also acknowledges that the Vehicle is fitted with a tracker device which must not be tampered with and will constantly record the location and speed of the vehicle for security purposes.

22. Proper Law
This Agreement shall be governed by the law of England in which this Agreement was signed.

23. Entire Agreement
This Agreement constitutes the entire agreement of the parties and there are no other oral undertakings, warranties or agreements between the parties relating to the subject matter of this Agreement. In the event of any discrepancy between these Terms and Conditions and any other Vanilla Classics literature, the provisions of these Terms and Conditions apply.

Vanilla Classics Terms and Conditions of Hire – Revision 3.7    09/11