TERMS
1. INTRODUCTION
1.1 By signing the North Devon Classics Ltd standard Hire Agreement you thereby accept responsibility for the personal information you provide about yourself and any nominated driver, and accept these Terms and Conditions. Additionally, by giving us your credit or debit card details you authorise us to obtain a pre-authorisation code for the Security Deposit (see point 5 below), and to debit to your card charges or surcharges if necessary according to the Hire Agreement (see below as to circumstances in which surcharges may be made).
1.2 We reserve the right to decline any prospective client, driver or individual hire arrangement, whether by reason of driving record, accident history, creditworthiness or any other reason.
1.3 Irrespective of where you are resident or where the initial booking was made, the Hire Agreement and these Terms and Conditions will be governed by English law. The Hire Agreement must be signed by you or your nominated driver at the point of delivery or collection of the Vehicle.

2. DRIVER ELIGIBILITY AND RESTRICTIONS
2.1 As a general rule you or your nominated driver will be eligible to drive one of our Vehicles if you are aged over 25 (over 30 for the Porsche 911 Carrera, Porsche 911 Turbo, Triumph TR6, Austin Healey 3000 and Jaguar E-type) and have held a full British driving licence for more than 5 years at the start date of the Hire and have no more than six current penalty points. Those not holding a UK issued drivers licence should make this known to us at the point of booking.
2.2 We will make a charge of £15 per day for a second person to be included as a nominated driver for the purposes of the Hire Agreement and Insurance Proposal.
2.3 When completing the Hire Agreement and Insurance Proposal Form you must answer each question in full and and before signing the Hire Agreement at the vehicle handover you must produce in respect of each nominated driver that person’s original driving licence (both the photo card and paper document in the case of two part licences must be provided by all drivers) plus two further forms of personal identification, at least one of which must be a utility bill showing that person’s current home address. Overseas hirers must produce a passport for copying.
2.4 By signature of the Hire Agreement you consent to a photograph being taken of yourself and/or the nominated driver beside the vehicle for insurance reasons. The photograph will be kept on file and you will be offered a copy as a souvenir. You also agree to sign a completion certificate at the end of the hire period.
2.5 If our insurance policy is invalidated or an insurance claim is rejected because you failed to disclose a relevant fact to our insurers we will hold you solely responsible for any losses, damages or other economic effect, and you agree to indemnify us accordingly.

3. BOOKING AND CANCELLATION CONDITIONS
3.1 In order to make your booking for a proposed Vehicle and hire date we require you to pay us a non-refundable deposit equal to 25% of the anticipated hire charge; the balance of the hire charge will then become payable two weeks prior to collection of the vehicle.
3.2 If you cancel your booking up to a fortnight before the commencement of the hire period we will offer you a voucher of equivalent value redeemable against vehicle hire from us for up to 12 months.
3.3 We reserve the right to cancel a hire booking at or before the start time should the weather conditions in our sole opinion be treacherous or extremely inclement. You may then choose to either rearrange the hire date or receive a full refund of monies paid to us.
3.4 Should we have to cancel the hire for any other reason, we will give you as much notice as possible and will offer you the choice of an alternative equivalent vehicle, or an upgraded vehicle, or alternative hire dates, or conversion of the hire into a gift voucher of equivalent value valid for a further 12 months.
3.5 We may at our option extend the hire period at your request, subject to your payment of the agreed additional hire charges, but in no event may the duration of the hire period exceed 30 days.
3.6 Gift vouchers purchased from us, paid in full pending hire dates, do not qualify for refunds of any type, unless points 3.3 or 3.4 apply after hire dates have been agreed.

4. WHAT IS INCLUDED IN OUR CHARGES?
Our Charges Include:
4.1 Comprehensive motor insurance of the Vehicle for each nominated driver accepted by our insurers, subject to the terms of our insurance policy.
4.2 Use of the Vehicle with unlimited mileage, within the counties of Cornwall, Devon, Somerset and Dorset. If you wish to use the vehicle to travel outside these four counties, you must inform us of this prior to collection of the vehicle, and receive our consent in writing.
4.3 RAC Breakdown Cover against the possibility of a mechanical failure or breakdown of the Vehicle. As a first option we ask you to contact us and we will attend the scene of an accident or breakdown as a matter of priority. If we cannot attend immediately we will contact the RAC on your behalf.
4.4 VAT. Our standard charges do not include Value Added Tax but VAT may be included in surcharges where relevant.

5. SECURITY DEPOSIT
5.1 Before the hire starts, we will require a deposit from you as security for the vehicle and any related costs. This deposit will be made by a valid pre-authorisation by credit or debit card. The level of deposit required is either £750 (MGB, Triumph TR4A, Triumph Stag) or £1000 (Jaguar E type, Austin Healey 3000, Triumph TR6, Porsche 911 Carrera, Porsche 911 Turbo).
5.2 Provided the vehicle is returned to us at the end of the hire in the same condition as at start of the hire, excepting normal wear and tear, and no other charges are payable, the pre-authorisation code will be cancelled and we will not take any charges from your card.
5.3 If the vehicle suffers any noticeable damage during the hire period, the whole of the pre-authorised deposit will be utilised and any over payment will be reimbursed to you after the repair is completed. If requested by you, an independent professional estimate will be obtained for the costs of the repair.
5.4 If accident damage is caused to the vehicle by another party in a road traffic accident then the security deposit will be returned to you to the extent that the other party or his motor insurer meets our costs of rectifying the damage to the vehicle.
5.5 The security deposit may also be utilised by us to discharge the additional charges or surcharges, plus any relevant VAT.

6. TERMS OF HIRE AND USE
By prior arrangement you may hire the vehicle for successive periods of 24 hours for a maximum of 30 days in total. You hereby undertake to ensure that during the hire period the vehicle will not be used:
6.1 for onward hire or reward, or for driving tuition, racing, pace-making, rallying, competitive hill-climbing, speed-testing, off-road trials or any other such sporting competition, or for any illegal purpose.
6.2 when in an unroadworthy condition. We will supply the Vehicle at start of the hire in a fully roadworthy condition but if the vehicle ceases to be roadworthy during the hire period you must cease to drive it and inform us immediately of the fault which must be rectified as necessary by us or a third party before you proceed on the public road.
6.3 when overloaded with luggage, goods or an excessive number of passengers, or to tow or push any other vehicle or trailer, or in any other way that contravenes the Highway Code or relevant road traffic laws.
6.4 for carrying pets or animals or any other item which because of its smell or condition may harm or damage the vehicle or make it unfit for hire as a high quality classic car. Smoking in the vehicle is not permitted.
6.5 for any journey outside the United Kingdom without our express written permission – failure to observe this term will be considered theft and we will inform the police.
If you are in breach of any of the above restrictions on use, you will be liable for all additional costs and for rectifying any damage or expense on return of the vehicle and you agree to indemnify us accordingly.

7. YOUR UNDERTAKINGS TO US
In consideration of our accepting your booking via the Hire Application Form and Insurance Proposal Form and/or your signature of the Hire Agreement, you hereby agree:
7.1 That we may verify through credit agencies, the DVLA or any other source the personal, driving and credit information provided by you for yourself and any nominated driver.
7.2 Not to allow anyone other than those persons expressly authorised by our insurers and nominated in the Hire Agreement to drive the vehicle.
7.3 To ensure that neither you nor any nominated driver will drive the vehicle whilst unfit to drive, whether as a result of drugs or a medical condition, or having a blood alcohol concentration level above the limit prescribed by current UK road traffic legislation.
7.4 Not to leave the vehicle unlocked at any time nor fail to secure the keys at any time when you are not physically with the vehicle.
7.5 To protect the interests of ourselves and our insurers at all times, and to take care not to behave in an imprudent manner in relation to the security of the vehicle, nor to give access to the Vehicle in such a way as it may be endangered or stolen.
7.6 Not to damage or behave recklessly in the vehicle, in such a way as to cause damage to the vehicle itself or personal injury to yourself, passengers or third parties;
7.7 To pay all fines and court costs whether for parking, traffic or other legal violations which may be raised in respect of the period when the vehicle has been in your control, whether the same are raised against you, a nominated driver or the registered keeper of the vehicle. Should the registered keeper be pursued for payment of any such fines or costs we reserve the right to debit your card in order to discharge such payments;
7.8 If the vehicle is stolen, to report the theft to us and to the police immediately and in any event within 8 hours of the vehicle being stolen, and to obtain a crime reference number from the police.
7.9 In the case of an accident involving the vehicle, to ensure that the names and addresses of all witnesses are collected on the spot, to complete and deliver to us an Accident Report Form within 12 hours after the accident, to ensure that no admission of liability of the driver is made at the time of the accident, to deliver to us a copy of any writ or summons or other document relating to any proceedings arising out of such accident and to ensure that all necessary assistance is thereafter rendered to us and our insurers for the conduct of any proceedings or negotiations.
7.10 To return the vehicle to us in the same condition as received by you, ordinary wear and tear excepted, at the due date and time specified in the Hire Agreement.

8. OUR CHARGES AND SURCHARGES
By signature of the Hire Agreement you agree to pay to us and hereby authorise us to collect through your pre-authorised card, both the agreed hire charges and any payments that fall due to us in the following circumstances (including VAT where relevant):
8.1 Any surcharge imposed by our insurers by reference to the driving record or circumstances of yourself or a nominated driver, or any unusual hire details.
8.2 A surcharge of up to £50 if you do not return the Vehicle with a full tank of fuel.
8.3 If you refill the vehicle with the wrong fuel in breach of our instructions, all costs incurred by us in having the fuel system cleaned or of rectifying any resultant damage to the Vehicle.
8.4 If the Vehicle is returned to us significantly later than agreed, a surcharge of up to 50 per cent of the daily hire charge. You should also note that if you are late returning the vehicle you may become uninsured and in that event will be solely responsible for any loss, damage or injury resulting from an accident taking place, for which you will be required to indemnify us in full.
8.5 Any late payment by you will incur interest at 15% per annum and you will be liable for any costs incurred in our recovering outstanding charges and surcharges from you, which are not paid promptly.

9.GENERAL
9.1 We will be under no liability to you or any third party whether in contract, tort or otherwise, for any loss of business, loss of profits or any other consequential loss arising out of or in connection with your use of (or inability to use) the vehicle under the Hire Agreement.
9.2 You agree to indemnify us in respect of any loss, claim, liability, damage or expense incurred by us arising from your failure to observe any of these Terms and Conditions or of the Hire Agreement.
9.3 You will be responsible for safe keeping of any property belonging to yourself, any nominated driver or passenger in the vehicle during the hire period, and we will not be responsible for theft or loss of any such property.
9.4 For the purposes of the Data Protection legislation for the time being you consent that we may hold and process by computer or otherwise any information provided by you to us to enable us to identify other products or services which may be relevant to you for statistical analysis.
9.5 Reference in these terms to the ‘company’, ‘we’, ‘us’, or ‘our’ are to this company, North Devon Classics Ltd and not to any person individually.
No amendment to these terms or any other part of this Contract will be effective unless recorded in writing and signed by you and a director North Devon Classics Ltd.