By booking a classic vehicle through BookAclassic ( BAC) through this web portal (the “Website”) the Customer will be deemed to have read, understood and agreed to these Terms and Conditions (Terms). For the purposes of these Terms, the Classic Vehicle owner shall be referred to as “Supplier”.
The following definitions and rules of interpretation shall apply in addition to the above in this agreement.
Booking Fee: the fee the Customers pays to BAC for booking the Classic Vehicle.
Business Day: a day other than a Saturday, Sunday or public holiday in the United Kingdom when banks are open for business.
Business Hours: the period from 9.00 am to 5.00 pm on any Business Day.
Classic Vehicle: the classic vehicle uploaded on the Website by the Supplier
Customer: a party, individual, business, company group or other entities whether incorporated or not who/which hires Classic Vehicles from the Supplier through the Website by making a booking through BAC.
Day: a period of 24 consecutive hours ending at 12.00 midnight.
Fee: means the Hiring Fee and the Booking Fee.
Hiring Fee: the fee which the Customer pays to the Supplier for the hire of the Classic Vehicle.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Month: a calendar month.
VAT: value added tax chargeable under the Value Added Tax Act 1994.
Week: any period of seven consecutive Days.
Year: any period of 12 consecutive Months.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representative successors and permitted assigns.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
A reference to any party shall include that party’s personal representatives, successors and permitted assigns.
A reference to writing or written includes e-mail.
Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense. the words, description, definition, phrase or term preceding those terms.
1.1. Prices and availability of Classic Vehicles are subject to change without notice to the Customer.
1.2. The Customer acknowledges that BAC is a booking site only, and that the Terms govern Customers booking of Classic vehicle through this Website.
1.3. To book a Classic Vehicle the Customer must fill in a booking form (“Booking Form) online on this website. If the Supplier accepts the booking then the Customer will receive a notice thereof to an address the Customer has notified BAC of.
1.4. The Customer warrants that all information the Customer provides on the Booking Form is correct and true.
1.5. The Customer acknowledges that in the event that a child or another person who must be seated in a particular way will be travelling in the Classic Vehicle, suitable car seats and/or devices must be provided by the Customers in accordance with the local laws.
1.6. The Customer acknowledges that some of the Classic Vehicles may not be fitted with seatbelts or be suitable for children (or another person who must be seated in a particular way) to travel in and that the Customer should not hire such Classic Vehicle if seat belts or other installations are necessary for travel with the Classic Vehicle. Once the Customer has received the Supplier’s acceptance, a contract between the Supplier and the Customer for the hiring of the Classic Vehicle has been formed.
1.7. Under no circumstances are animals allowed to travel in Classic Vehicles booked through BAC, unless express prior written permission is given by the Supplier.
1.8. The Customer shall be able to arrange a viewing of their chosen vehicle after paying the Booking Fee. This should be arranged with the Supplier.
1.9. The Customer understands that the fee for hiring the Classic Vehicle starts from the moment the Classic Vehicle is made available to the Customer until it has been returned. As such allowances should be made for travel time.
1.10. Bookings that are for a substantial period of time should be discussed with the Supplier ahead of booking to avoid any problems.
1.11. Suppliers can take around 48 hours to respond to correspondence relating to the hire of their vehicles and are not obligated to accept a booking request.
2. The Classic Vehicles
2.1. The Customer agrees that BAC does not own the Classic Vehicles or has any prior knowledge of the conditions of the Classic Vehicles or has carried out any examination of the Classic Vehicles and that BAC does not accept any liability for the Classic Vehicles, including their conditions, state or suitability for relevant booking
2.2. The Customer acknowledges that the Classic Vehicles may not all be registered. In this case, these vehicles are for static use only and are not to be driven on public roads. The Customer should contact the Supplier directly if they are unsure or require more information regarding these vehicles
2.3. Due to the age of the Classic Vehicles, some may have speed restrictions or other restrictions based on nature or condition of the Classic Vehicle. The Customer warrants that it will adhere to these restrictions at all times.
2.4. The Customer understands that due to the age of the Classic Vehicles it is possible that a Classic Vehicle may breakdown. The Customer agrees that it is their responsibility to ensure that breakdown cover is available and that in the event of a breakdown the Supplier is informed immediately.
2.5. The Customer must ensure that anyone driving the Classic Vehicle holds a valid license and insurance under the laws of the country in which the vehicle will be used.
3. Payments and Fees
3.1. The Customer must pay the Fee before the Classic Vehicle is made available to the Customer.
3.2. When the Booking is made the Customer must provide the payment details which are necessary for BAC to process the payment of the Fee.
3.3. BAC reserves the right to 1) process the full payment of the Fee at any time from Booking to the date when the Classic Vehicle is made available to the Customer, or 2) process the Booking Fee at any time after the Booking and release the Hiring Fee later or notify the Customer that the Customer must pay the Hiring Fee directly to the Supplier.
3.4. Any refund agreed by BAC shall be refunded to the same payment method as it was paid.
4. Customers Right to Cancel
4.1. Booking Fees shall be refunded within 24 hours after it has been deducted in the case of a cancellation by the Customer. An administration fee may be deducted.
4.2. Booking Fees shall not be refunded 24 hours after it has been deducted in the case of a cancellation by the Customer.
4.3. Refunds due to cancellations by the Supplier shall be refunded from the Supplier directly.
4.4. For full payment bookings, the following terms apply:
a) up to 14 days before the event date, customers will be refunded the booking amount minus the booking fee.
b) less than 14 days before the event date, customers will get a 50% refund of the booking amount minus the booking fee.
c) less than 72 hours, no refund will be given.
These terms apply for all vehicles, unless the owner or company specifies a different arrangement. BAC accepts no liability for charges made by the Supplier directly and act only as a third party.
4.5. Nothing in these Terms shall be deemed to mean that any statutory rights of the Customer if the Customer is a consumer have been restricted. To exercise the right to cancel, the Customer must inform us BookAclassic Ltd, 69 Carter Lane, London EC4V 5EQ, DX 138762 Cheapside 2, email: [email protected], telephone +44 (0)20 3826 8070 of the Customer’s decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
4.6. If the Customer wishes to exercise his statutory right in clause 4.5 the Customer has 14 days to cancel the Booking after the day BAC emails the Customer to confirm the booking. However, once the Classic Vehicle has been made available to the Customer in accordance with the booking, he cannot cancel, even if the period is still running.
5. Cancellations & Amendments to Bookings
5.1. Occasionally the Supplier may cancel or amend a booking. In such event the Customer will be notified by the Supplier as soon as possible.
5.2. Any claims in relation to the cancellation or amendment of a booking should be directed to the Supplier directly.
5.3. BAC acts only as a booking site and take no responsibility for the reliability of the Supplier.
5.4. BAC do not accept any liability for matters beyond the actual online booking of a vehicle.
5.5. In the event that the Customer wishes to amend the booking by way of extending the period of hire or requesting other services than originally booked, the Supplier shall be entitled to decline such request and if the Supplier accepts the amendment, a new Fee will be calculated and must be paid in accordance with the Terms.
6.1. All complaints relating to the booking process should be directed to BAC directly.
6.2. Matters relating to the Classic Vehicle, the Supplier or likewise should be directed to the Supplier. The Customer will receive details of the Supplier at the time of booking.
6.3. In the event that the Customer is not satisfied with a Supplier or vehicle, then BAC should be informed as well as the Supplier so that BAC can remove the Supplier from their database, if necessary.
7. Copyrights and Trademarks
7.1. All copyright, trademarks and all other Intellectual Property Rights on the Website and its content (including without limitation the website design, text, graphics an software and source codes connected with the website) are owned or licensed to BAC or otherwise used by BAC as permitted by law.
7.2. In accessing the Website, the Customer agrees that none of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non- commercial home us only.
8. Disclaimer & Limitations of Liability
8.1. NOTHING IN THIS AGREEMENT SHALL, NOR SHALL BE DEEMED, TO LIMIT OR EXCLUDE BAC’S LIABILITY NEITHER FOR FRAUD NOR FOR PERSON INJURY OR DEATH CAUSED BY BAC’S NEGLIGENCE.
8.2. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON BAC’S WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, BAC AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO SUPPLIER PHOTOGRAPHS, PRODUCT DESCRIPTIONS AND LISTS OF CLASSIC VEHICLES AND OTHER PRODUCT DESCRIPTIONS DISPLAYED ON BAC’S WEBSITE MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. BAC AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS OF SUPPLIERS OR THEIR SERVICES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BAC, ITS AFFILIATES, AND/OR THE RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THEIR WEBSITE AT ANY TIME BAC, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THEIR WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THEIR WEB DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY BAC OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BAC, ITS AFFILIATES, AND/OR THE RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
8.3. THE SUPPLIERS PROVIDING SERVICES FOR BAC ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF BAC OR ITS AFFILIATE BAC AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. BAC AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
8.4. IN NO EVENT SHALL BAC, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THEIR WEBSITE OR WITH THE DELAY OR INABILITY TO USE THEIR WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THEIR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THEIR WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BAC, AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTION NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE CUSTOMER .
The Customer agrees to indemnify and hold BAC and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expense in relation to any claims or actions brought against BAC arising out of any breach by Customer of these Terms or other liabilities arising out of the Customer use of the Website.
If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition are severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.
These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail.
12.1. Any notice or other communication given to a party under or in connection with this contract shall be in writing and shall be delivered by hand or by pre-paid first- post or other next Business Day delivery service at its registered office (if a Customer) or its principal place of business or residence(in any other case); 12.2. Any notice or communication shall be deemed to have been received:
(a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the de service;
(c) if sent by fax, at 9.00 am on the next Business Day after transmission.
12.3. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. For the purposes of this clause, “writing” shall not include e-mail.
13. Personal Data
14. THIRD PARTY RIGHTS
No one other than a party to these Terms their successors and permitted assignees, shall have any right to enforce any of its terms.
15. GOVERNING LAW
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms or its subject matter or formation (including non-contractual disputes or claims).
17. ALTERNATIVE DISPUTE RESOLUTION IN THE EVENT THE CUSTOMER IS
17.1. BAC is committed to resolving any complaints about BAC by negotiation. If BAC and the Customer have not reached an agreed settlement within eight weeks of receiving the Customer’s complaint, or BAC and the Customer agree in writing before the eight weeks is up that the dispute should be settled by independent adjudication, the Customer can refer its complaint for independent consideration through Alternative Dispute Resolution by the European Car Rental Conciliation Service Badminton Court, Amersham, HP70DD, United Kingdom, Email address: [email protected], Website: http://www.ecrcs.eu, Phone: +44(0)1494434747. This service is absolutely free of charge.
17.2.The Customer may also be able to refer a dispute to the European Online Dispute Resolution ("ODR") platform at http://ec.europa.eu/odr. The ODR platform is a web-based platform which is designed to help consumers who have bought goods or services online. It provides access to independent alternative dispute resolution services which are usually free for the Customer to use.
17.3. This provision does not apply to disputes which the Customer may have with its Supplier.