Terms and Conditions
The following terms and conditions are the contract between you and Vintage Bliss Limited, company number 15906325 (‘we’, ‘our’ or ‘us’).
Our registered business address is Headlands House, 1 Kings Court, Kettering Parkway, Kettering, Northants, England NN15 6WJ.
These terms apply, so far as the context allows, to you as a Client or a visitor to our Website. These terms prevail over any terms proposed by you.
If you have any questions about our terms and conditions, please contact us.
These are the agreed terms
Definitions
‘Account’ means the records on our Website relating to you and your transactions with us. If you are an Owner, it includes Listings you create.
‘Client’ means a person who hires a vehicle through our Website.
‘Content’ means the content that is encountered as part of your experience or that you contribute to our Website when visiting it. Content may include, among other things: text, images, sounds, videos and animations.
‘IP’ means intellectual property of every sort, whether or not registered or registrable in any country, including kinds coming into existence after today; and including, among others, images, text, and videos, together with all rights which are derived from those rights.
‘Listing’ means a page on which an Owner advertises a vehicle as being available for hire from time to time.
‘Owner’ means a person who advertises a car for hire through our Website, whether the registered owner or otherwise.
‘Post’ means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on our Website. The terms ‘Posted’ and ‘Posting’ shall be interpreted accordingly.
‘the Regulations’ means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
‘UK or EU Citizen’ means a ‘Consumer’ as defined by the Regulations, or otherwise where the context applies, any individual located in the United Kingdom or in a European Union member state who, in connection with this agreement, is acting for a purpose which is outside their business.
‘our Website’ means our website at www.vintageblissrentals.com or, as the context requires, any other webpage or service designed for electronic access that is owned or operated by us.
Interpretation
In this agreement unless the context otherwise requires:
The headings to the paragraphs to this agreement do not affect the interpretation.
A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
In the context of permission, ‘may not’ in connection with an action of yours, means ‘must not’.
Any agreement by you not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
In an indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
So far as the law allows, all implied conditions, warranties and terms are excluded from this agreement.
This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
Our contract with you
Subject to these terms and conditions, we agree to provide to you with access to our Website.
Our Website allows Owners to Post Listings for vehicles that they are willing to hire to Clients and for supplementary services that they are willing to provide, and for Clients to book those vehicles and services. In consideration for providing the functionality to do this, and for handling the payment between the Client and the Owner, the Owner pays us our fee.
You warrant that you have full authority to use our Website and you accept personal responsibility for every act or omission by you.
Our relationship to you
Unless indicated clearly otherwise, we are neither a principal nor an agent in any transaction for services that an Owner provides to you, that is to say, a contract for hire or for other services is solely between you and the Owner, not between you and us.
We are in no way responsible for your choice use our Website to hire any particular vehicle, or any aspect of the provision of an Owner’s service (unless we are the Owner).
In any dispute about the hire of a vehicle or the provision of a supplemental service, you should deal only with the Owner. As an intermediary, we have neither legal obligation nor detailed information about the service provided.
Booking a vehicle
When you make a booking for a vehicle through our Website, you make an offer to hire.
The Owner is not obliged to accept your offer. If they do so, then we shall confirm their acceptance by sending you an e-mail message. Until then, your offer is not accepted.
Hire of a vehicle
On a Listing page, the Owner may advertise that they are willing to consider the provision of additional services, such as decoration or refreshments.
Unless otherwise stated, you should assume:
that the Owner will bring the vehicle to a location and at a time agreed by you;
that the Owner will pay all costs relating to the vehicle, including fuel, maintenance costs and road taxes;
that, unless otherwise indicated, the vehicle is in road-worthy condition;
that the vehicle will be driven at all times by the Owner or their representative and that you shall neither be expected, nor be able, to drive the vehicle yourself; and
that the driver of the vehicle will hold a valid driving licence and all necessary insurance policies to undertake the contract.
The Owner may give additional terms on a Listing page for hire of the vehicle or provision of additional services.
We conduct some checks on Owners. However, you should conduct your own checks, in whatever way satisfies you, as to their identity and ability to provide their service. You agree that we are not liable for an Owner misrepresenting who they are, their vehicle or their experience.
You acknowledge and agree that an Owner has full discretion as to how you use their vehicle, including, for example, your conduct within and around it and where it may be driven. You agree that you will comply with such instructions that they give, and that they may hold you responsible for any damage or loss that arises as a result of your non-compliance.
Prices
An Owner sets the price for hiring their vehicle and any additional services they provide alongside the hire.
Prices are set out on each Listing page. They include sales taxes where applicable.
You may not negotiate different prices with an Owner.
An Owner may from time to time change their prices, but not so as to affect the price of any agreed booking.
Payment
We take your payment to the Owner when you offer to book a vehicle. We hold it on escrow until the date and time of the booking has passed, or the booking is cancelled.
All payments to an Owner in respect of vehicle hire and additional services listed on our Website must be made through our Website. You may not pay the Owner directly.
You agree to pay all sums due to an Owner without any set-off, deduction or counterclaim.
Bank charges by our bank on payments to us will be borne by us and by the Owner. All other charges relating to payment in a currency other than that on your invoice will be borne by you.
Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your payment provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will additionally owe us the sum charged to us by our merchant service provider.
Release of the payment to the Owner
The day after the booking we shall ask you to confirm that the Owner performed their services as described.
We shall transfer your payment to the Owner on the earlier of:
the date you confirm that Owner provided their services; or
14 days following the date of the booking, provided that you have not indicated that the Owner did not perform the services.
Reviews
Both you and the Owner may leave private feedback and public reviews for each other setting out your experiences.
If you leave a review, it must:
be factually correct and reflect the circumstances in which the booking and hire took place;
not mention any person by name or by characteristics that could identify them personally; and
not mention anything that is not directly relevant to your experience of the hire; and
comply with all other terms of this agreement (for example, in respect of what you may Post to our Website).
If a review does not comply with these terms then an Owner may ask for it to be removed completely, and we have no obligation to reinstate it.
If you are unhappy with the hire of a vehicle, then it is up to you to leave a review that reflects your experience but which does not break these terms. We have no obligation to moderate or allow you to edit reviews.
Messages, notifications and other data
We may, from time to time, set a limit on the number of messages or notifications you may send, store, or receive through our Website. We may delete messages and notifications in excess of that limit.
We assume no responsibility for the delivery of (in a timely manner or otherwise), deletion of or failure to store messages or notifications.
You accept that we cannot be liable to you for any such deletion or failure to deliver to you or to anyone else.
We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing.
Late arrival and non-attendance by the Client
You must be available to meet the Owner at the location at the date and time agreed previously. If you are likely to arrive late, you should make reasonable effort to notify the Owner.
You should not assume that late arrival by either party constitutes cancellation unless the party is over one hour late.
If you arrive late, then the Owner is under no obligation to continue their service for any longer than if you had not arrived late.
If you fail to attend, then the Owner is entitled to be paid for their services in full.
Late arrival and non-attendance by the Owner
If the Owner arrives late then they may offer to continue their services past the expected finishing time (unless you tell them that this is not necessary).
Non-attendance by an Owner will constitute cancellation by the Owner.
If you remain unhappy with this outcome, then it is your responsibility to find an outcome that you accept.
Cancellation and refunds
You may cancel a booking for a vehicle at any time.
Non-attendance at the agreed time and location on the day of the hire is considered to be cancellation.
The following terms apply if you are a UK or EU Citizen:
Under the Regulations you have the right to cancel a contract within 14 days of making it and to receive a full refund, provided that you have not asked for work to start.
When you book a vehicle, you instruct the Owner to start preparatory work as soon as they accept your offer (for example, readying the vehicle for your use) and you acknowledge that you understand that by doing so, you forfeit your right to the statutory cancellation period.
The following terms apply to you in any case:
You agree that if you cancel an accepted booking fewer than 24 hours before the start of the hire or provision of the service then neither we nor the Owner have any obligation to refund the payment relating to that hire to you.
You agree that if you cancel an accepted booking with more than 24 hours notice before the start of the hire then you will be due a full repayment of the price you paid, less any reasonable expenses that the Owner can prove that they incurred in relation to your hire.
We or an Owner may cancel a booking at any time before it starts without providing a reason. If we or they do so within 24 hours of the start of a booking then, subject to these terms, we shall refund you in full.
Termination
Any termination of this agreement will be without prejudice to any other rights or remedies to which a party may be entitled.
This agreement may be terminated:
by us for any reason without giving you advance notice; or
by you at any time, for any reason by sending notice to us by post or by email or by completing the form on our Website and submitting it.
On termination, we shall revoke your access to your Account. We may also delete information that we shall not further need.
We are not obliged to delete your personal information immediately. We are not liable for any action of a third party in their use of your information.
If you have entered into contract for the hire of a vehicle when this agreement is terminated then we shall cancel your contract with the Owner and return any money to you in respect of that booking to you.
Disclaimers and limitation of liability in respect of any service provided by an Owner
We make no representation, warranty or other provision with regard to any vehicle or service you book through our Website and you acknowledge that you do not rely on any made by us, but solely on your contract with the Owner.
So far as concerns a service provided by an Owner, we are not liable for:
any service complying with the requirement of any law or being available; nor
any loss or expense arising from using the service; nor
an Owner performing their contract to any particular standard.
We give no warranty, representation or undertaking whatever that any service provided by an Owner will be useful or suitable for you.
You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and an Owner.
No term of our agreement with you shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.
Terms of use of our Website
Your Account
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.
If you use our Website, you are responsible for maintaining the confidentiality of your Account and password and for preventing any unauthorised person from using your Account.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
You may not share your Account or allow others to use our Website in your name.
Please notify us of any security breach or unauthorised use of your Account.
How we handle your Content
If you Post Content to any public area of our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
Even if access to your Content requires user registration it remains effectively in the public domain because someone has only to register to access it. You should therefore avoid Posting unnecessary confidential information at all times.
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
Restrictions on what you may Post to our Website
You agree that you will not use or allow anyone else to use our Website to Post Content that:
is or may be malicious or defamatory;
comprises commercial images, audio, or video to which you cannot grant us rights to use;
is or may be considered illegal, obscene, offensive, threatening or violent;
is or may be sexually explicit or pornographic;
is could deceive a person or be used to impersonate any person, or that misrepresents your identity, age or affiliation with any person;
gives the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
solicits passwords or personal information from anyone;
is or could be used to sell any products or services or for any other commercial use;
links to any other webpage containing material specified in this paragraph;
provides or facilitates the provision of unauthorised copies of another person’s copyright work; and
might communicate age-inappropriate Content to anyone under the age of 18.
In addition to the restrictions set out above, a content you Post to our Website must not contain:
hyperlinks, other than those specifically authorised by us;
words that are irrelevant to the Content Posted;
the name, logo or trademark of any organisation other than your own;
inaccurate, false, or misleading information.
Removal of offensive Content
We are under no obligation to monitor or record the activity of any visitor to our Website for any purpose. However, we may do so without notice to you and without giving you a reason.
Our Website includes Content Posted by third parties. We are not responsible for any such Content.
If you are offended by any Content, you should tell us. After we receive notice of a claim or complaint we shall investigate so far as we alone decide. We shall remove the offending Content while our investigation takes place. If we judge that your complaint is without basis, we may reinstate the Content about which you have complained after the investigation has concluded.
In respect of any complaint made by you or any person on your behalf, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication without limit.
You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
Young people
Any person of any age may freely access our Website. We do not check the age of our visitors nor moderate Content on the basis of age-related suitability.
We do not knowingly collect personal information from any person under the age of 18 years of age.
You may only register an Account if you are over the age of 18 years.
You now agree to waive any claim you may otherwise have against us on account of age-related suitability of Content and to indemnify us against any claim made by any person on behalf of a child in your care.
Intellectual Property
We will defend our rights in all our Intellectual Property, including the rights in our Products and services, and our copyright in the Content of our Website whether provided by us or by any other party.
You may not use our name, logos or trademarks or any other Content on any website of yours or that of any other person.
You agree that at all times that you will:
not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it;
notify us of any suspected infringement of our Intellectual Property; and
without our express permission, not to:
copy or replicate it for use by any other person in any way not intended by us;
make any change to it or any part of it;
publish or store it on any website or cloud storage service, or otherwise allow any other person access to it;
create derivative works from it;
use it in any way in which it is not intended to be used; and
not to use it except directly in our interest.
Indemnity
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
your failure to comply with the law of any country;
your breach of this agreement;
any act, neglect or default of yours or by any agent, employee, licensee or customer of yours or by your use of our Website;
a contractual claim arising from your use of our Website; and
a breach of the intellectual property rights of any person.
You agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £200 per hour without further proof.
Disclaimers and limitation of liability
This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to our Website or to any Service we provide to you. This does not affect your statutory rights as a consumer.
If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
We use our reasonable endeavours to confirm the accuracy of any information we place on this Website. We make no warranties, whether express or implied in relation to its accuracy or completeness.
We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our website.
This website may contain links to other websites over which we have no control of the nature, the content and the availability.
You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying goods or services via such a website.
The inclusion of any links on this website does not necessarily imply a recommendation or endorse the views expressed on those to which we link.
This Website is provided ‘as is’ and ‘as available’ without any representation made. We make no warranty as its usefulness to you, its satisfactory quality, its fitness for any purpose, the availability of any function of the Website, the compatibility with your devices or software, privacy of any transmission, or security of use.
We aim to maintain access to our Website, but from time to time it may be necessary for us to suspend all or part of it for repairs, maintenance or other good reasons. We may do so without telling you first.
You acknowledge that access to our Website may also be interrupted for many reasons beyond our control.
Accordingly, we make no warranty that this Website will meet your requirements or that your use of it will be uninterrupted, timely or error-free.
Nor do we make any warranty that we will correct defects and errors, nor that the Website or the server on which it is hosted are free of viruses or bugs.
We will not be responsible or liable to you for any loss, foreseeable or not, arising from any interruption of the availability of our Website.
We shall not be liable to you in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) for any loss or expense arising out of or in connection with your use of this Website, which is a special, indirect or consequential loss, or an economic loss or other loss of turnover, profits, contracts, business or goodwill.
This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
Miscellaneous matters
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by hand, sent by a recorded delivery postal service or by email. It shall be deemed to have been delivered: on the day of delivery if delivered by hand, or within 72 hours of posting if delivered by recorded post, or when an email message confirming receipt is sent if sent by email.
In the event of a dispute with us, you agree to undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
No party to this agreement shall be liable for any failure or delay in performance of this agreement that is caused by circumstances beyond their reasonable control, including any labour dispute between a party and their employees.
This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.