TERMS AND CONDITIONS OF BUSINESS
(NOTHING BELOW SHALL RESTRICT THE STATUTORY RIGHTS OF A CONSUMER)
“You” are the customer (main driver) who signed the loan agreement and who is entitled to drive the vehicle.
“BCC” is Bailey Classic Cars Ltd.
“Vehicle” is the car, 4×4 or van that BCC is loaning to you and will include all parts and accessories fitted to it at the commencement of the loan.
Title to the Vehicle shall remain at all times with BCC. In the event of failure to return the Vehicle at the end of the loan period, BCC reserves the right to repossess the Vehicle.
CONDITION OF THE VEHICLE.
• The Vehicle has been provided to you in good roadworthy condition. Before completing the handover, you are required to check the condition of the Vehicle to the description in the agreement. Where an apparent defect is found which is not already listed in the document, you must immediately inform the BCC employee in order to proceed with a joint-examination of the Vehicle and amendment of the agreement duly countersigned by both parties otherwise it will be considered that you received the Vehicle in proper working condition.
• You will return the Vehicle in the same condition as it was provided. You are responsible for the insurance excess (£1,000.00).
USE OF THE VEHICLE
• The Vehicle must only be driven by those named on the agreement and then only if their ability to drive is not in any way impaired or is restricted by the Law. The drivers named on the agreement must also have held a licence for more than 2 years and have no more than 6 penalty points issued.
• An age restriction applies, whereby only those aged between 25 and 75 are permitted to drive the vehicle.
• You must take care of the Vehicle and it’s systems including operating checks (engine oil level, tyre pressure, etc.) as would any careful user, pay any tolls, fines and penalties, congestion charges for which you may be liable, reimburse BCC for any Insurance Excess which becomes payable.
• The Vehicle must be returned with the same amount of fuel as it left the premises. You must only refuel the Vehicle with the correct type of fuel. Costs of fuel and for the refuelling service of £30 will be at your expense if the Vehicle is not returned with the same amount it left with. The costs of top-up fluids are at your expense.
• When parking the Vehicle, even for a short period, you undertake to remove the keys, lock it and make use of the Vehicle’s anti-theft equipment. Non-return of the keys will lead to invalidation of the insurance cover and render you liable for the market value of the Vehicle.
• You undertake to use the Vehicle in a responsible manner and only for the purposes for which it is intended and are usually allowed under a standard road risks policy.
• You will be liable for any offence committed during the test period relating in any way to your use of the Vehicle, as if you were the owner of the Vehicle. Upon the request of the Police or any official body BCC may have to transfer your personal data. Such transfer will be done in accordance with the data protection Laws.
• Maximum daily mileage dependent upon duration of the test drive.
• AA Cover is provided, and should you need to use their breakdown facilities please call the number on the card found on the screen or in the glove box.
BREAKDOWN ASSISTANCE / MAINTENANCE / MECHANICAL PROBLEMS
• For the length of the test you have the benefit of a Breakdown and Assistance Service, the contact details will be provided upon handover.
• In the event of tyre damage other than normal wear and tear, you must replace it at your own expense with a similar tyre.
• You must stop the Vehicle if any of the red instrument panel warnings illuminate, or if you become aware of any indication of a mechanical problem with the Vehicle.
• You must inform BCC, or one of its agents, of all accidents, damage to or breakdowns of the car, even those already repaired, when you return the Vehicle.
• In any case, neither BCC nor its directors, officers or employees will be liable to you for any loss or damage (including but not limited to loss of profit or earnings…) nor, to the extent permitted by the Law, for indirect consequential damages whether your action is based on contract or in tort.
END OF LOAN
• The end of the test is defined by the return of the Vehicle including its keys to BCC’s premises. This must be done to a uniformed BCC employee and under no circumstances should you give the keys to any person present at the BCC location who you assume or who purports to be a BCC employee.
• If the Vehicle is returned without its keys, you will be invoiced for the cost of the replacement keys.
• Under no circumstances will BCC accept any liability for articles that may have been left in the Vehicle at the end of the test.
• You must return the Vehicle immediately if BCC asks you to do so. In the event that the Vehicle is not delivered to BCC upon request you hereby authorise BCC to enter your premises and to do any and all other things necessary to repossess the Vehicle. You will be liable for any costs associated with such repossession. BCC may repossess any vehicle without notice or liability where BCC deems that such repossession is necessary for its own protection.
• In the event of confiscation, theft or accident:
• In the event of measures by third parties, including attachment, confiscation or impounding of the Vehicle, you must immediately inform BCC in writing. BCC will then be entitled to take all measures it deems necessary to protect its rights. You will be liable for all damage, cost and/or expenses associated with the above measures and for any direct, indirect, consequential damages (such as loss…) to the Vehicle unless it is demonstrated that BCC is directly responsible for such confiscation or impounding of the Vehicle. Furthermore, the agreement may be automatically terminated when BCC is informed of such action by the legal authorities or by you.
• Any use of the Vehicle which may be detrimental will entitle BCC to terminate the agreement and demand return of the vehicle with immediate effect.
• If the vehicle is stolen, the agreement will terminate once BCC has received a copy of the theft declaration made by you to the police authorities.
• In the event of accident, the agreement will terminate once a copy of your (also the third party’s, if applicable) completed accident report is received by BCC.
• Furthermore BCC will have no responsibility for loss, theft, robbery or damage of whatever nature relating to objects in the Vehicle.
• In the event of non-payment by the due date, you will be liable, for payment of interest on the due amount in accordance with the details on the invoice.
• Non-payment by due date of any invoice or any other non-payment will render all outstanding invoices due immediately and will authorise BCC to require immediate return of any vehicles still on test and to terminate the agreements.
• The vehicle is insured by BCC, you will be liable for the insurance Excess of £1,000.00 Therefore, at the end of the loan, IN THE EVENT OF DAMAGE OR THEFT, YOU WILL BE DEBITED with an amount equal to the insurance excess.
• You are advised that BCC’s Insurance will be invalidated if you fail to take reasonable measures for the safety of the Vehicle, its parts or accessories, or fail to comply with all restrictions on the use of the Vehicle or otherwise abuse or misuse it. In this case you will be liable for the market value of the Loan Vehicle.
• You will not be exempt from liability towards BCC in the case of breach of contract. Therefore, you will be responsible for any financial loss BCC suffers as a result of such breach and for any relevant claims made by other people. You agree to pay any amounts BCC spends in enforcing these terms.
THEREFORE IN ANY CASE, NEITHER BCC NOR ITS OFFICERS, DIRECTORS, EMPLOYEES WILL BE LIABLE TO THE CONTRACTING PARTY FOR ANY AMOUNTS NOR FOR ANY ACTIONS, LAW SUITS OR CLAIMS RELATED TO ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE DAMAGES (SUCH AS LOSS OF BUSINESS, LOSS OF PROFIT) ARISING OUT OF OR IN CONNECTION WITH THE TEST OR THE USE OF ANY VEHICLE WHEHER THE ACTION IS BASED ON CONTRACT OR IN TORT. YOU WILL INDEMNIFY AND HOLD BCC HARMLESS FROM ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES OR EXPENSES ARISING OUT OF THE TEST AND/OR THE USE OF THE VEHICLE.
If the loss suffered by BCC is subsequently reduced (recovery of the Vehicle within 60 days, partial or total liability on the part of the Third party), you will receive the corresponding reimbursement.
YOU MUST NOT USE THE VEHICLE UNDER ANY OF THE FOLLOWING CONDITIONS OR FOR ANY OF THE FOLLOWING PURPOSES:
• driving the Vehicle under the influence of alcohol, drugs or any other type of narcotic substances
• driving the Vehicle if the driver suffers from any physical or mental condition or infirmity which may impair their ability to drive
• transportation of inflammable or dangerous goods, as well as toxic, corrosive, radioactive or other harmful substances
• carrying anything which, because of its smell or condition, harms the Vehicle or causes BCC to lose time or money before it can loan the Vehicle again
• transportation of live animals
• carrying passengers for hire or reward
• participating in rallies, competitions or trials, wherever they may take place
• giving driving lessons
• pushing or towing another vehicle (except those vehicles equipped by BCC with a towing-hook; maximum load 1,000 kg), or exceeding the authorised load weight
• travelling on non-paved roads or on roads, the surface or state of repair of which could put the vehicle’s wheels, tyres or its under body mechanics at risk
• intentionally committing any offence
• in any way which breaks the highway Code, road traffic laws or any other laws
• If the vehicle becomes un-roadworthy or unfit for normal use during the test, you must inform BCC or telephone the emergency number provided. BCC will have the choice between replacing the Vehicle or accepting repairs to be done to the Vehicle. In the latter case, repairs can only be made after written or oral confirmation from and instructions given by BCC as well as prior acceptation by BCC of the estimation of costs. You must be able to provide the order number given by BCC. Without prejudice to any question of liability, the expenses for the repairs may be charged directly to BCC. If not, BCC reserves the right to request from you the remittance of the defective pieces and the paid invoice. The fees and expenses of any repair undertaken without the order of BCC will not be reimbursed to you.
REMEMBER IT WILL BE UP TO YOU TO MAKE A CLAIM FROM THE INSURANCE COMPANY FOR ANY DAMAGE.