1. General

These conditions (“the conditions) supplied by “Barrie James Rolls-Royce & Bentley Hire” (“the company”) to a customer (“the customer”) shall be incorporated into each contract (“the contract”) made by the company for the supply of goods (“the goods”) and service (“the service”) and hiring out of vehicles by the company. The company contracts as aforesaid upon such terms as are agreed between the company and the customer and the terms of the conditions alone. No variation of any of the conditions shall be effective unless in writing and signed by a duly authorised representative of the company.

2. Specifications

The customer shall be solely responsible for ensuring that the details on the company’s booking form are accurate.

3. Price

(a) All price shall be as stated by the company.

(b) All prices stated shall be subject to the variation at the sole discretion of the company at any time without prior notice to reflect any increase in the company’s cost of performing the contract and the company shall notify the customer of any variation before delivery of goods or completion of the services.

(c) Prices stated for the hiring out of vehicles shall be subject to variation for more than one pick-up.

4. Payment

(a) The customer shall be liable to pay a booking deposit. Such deposit shall be non-refundable in the event of cancellation by the customer. If the customer cancels within six weeks of the wedding the full contract price shall be payable.

(b) The customer will be liable to pay the balance of the contract price for the hiring out of a vehicle six weeks before the date of hire.

(c) In the event of a wedding running late the customer shall be liable to pay by way of liquidation damages as sum equal to all expenses incurred by the company in connection with the delay including an appropriate amount in respect of administrative overheads, costs and loss of profit. The company’s reasonable estimate of expenses incurred shall be final and binding. Alternatively, the company shall be entitled in it’s absolute discretion to suspend the provision of the goods and service and vehicles under the contract without incurring any liability for the failure to provide the same as contracted.

(d) Sums unpaid after the due date shall bear interest until the day payment is received at the rate of 5% per annum above the base rate from time to time of Barclay’s plc accruing from day to day from the due date until the date of payment in full.

(e) If the recovery of sums outstanding from the customer is passed to a solicitor or debt collection agency, the customer shall pay the company’s cost in instructing the solicitor or debt collection agency and all ancillary costs.

(f) Without prejudice to any other rights or remedies of the company, any default by the customer in making payment on the due date shall entitle the company to suspend the provision of goods and services and vehicles under the contract so long as the default continues and to treat the contract as repudiated by the customer and determined if the customer has not within 14 days of receiving written notice from the company, paid all sums due to the company.

5. Liability

The company undertakes that it shall exercise all reasonable skill, care and diligence in the performance of it’s duties hereunder and save for liability for death or personal injury arising from the company’s negligence or for liability arising under the Customer Protection Act 1987 (which if proved is not excluded) the company’s obligation to refund any monies paid directly to the company shall constitute the full extent of the company’s liability in respect of any loss or damage sustained by the customer whether caused by breach of contract or by misrepresentation or by the negligence of the company, its employees or agent arising from the breakdown of any vehicles, or technical faults with of malfunction of any equipment, or any other cause whatsoever, and the company shall not be liable in circumstances where the goods supplied or services completed or vehicles hired out are not fit for any special purpose unless full details of such purpose had been given in writing to the company and the company has acknowledged the same in writing and agreed thereto.

6. Miscellaneous

(a) The maximum number of passengers to be carried in a vehicle hired out by the company under the contract shall be determined by the company, it’s employees or agents in accordance with considerations of safety.

(b) The company reserves the right to substitute or suspend services without prior notice and shall incur no liability except as is provided for in clause 5.


7. Force Majeure

In so far as the performance of the contract by the company may be affected by any strike, any lack of or breakdown in available transport or equipment, any failure in materials, any restriction regulation or decree by any Local or Municipal Authority or Government Development or by any cause beyond the company’s reasonable control (which shall be construed without reference the preceding clauses) the company shall be entitled:

(i) to suspend the provision of goods or services or vehicle hire under the Contract without incurring any liability for the failure to provide the goods or services or vehicle hire as contracted.

(ii) to receive from the customer a sum equal to all expenses incurred by the company up to the occurrence of the Force Majeure event including an appropriate amount in respect of loss of profit.

Barrie James Cars