Terms for Owners
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 vehicle Owner. These terms prevail over any terms proposed by you.
If you have any questions about our terms and conditions, please contact us.
Definitions
‘Account’ means the records on our Website relating to you and your transactions with us. It includes Listings you create.
‘Client’ means a person who hires a vehicle through our Website.
‘Client Data’ means any personal data of your Clients, including any special categories of personal data.
‘Confidential Information’ means all information about the parties to this agreement, including any information that may give a commercially competitive advantage to any other person. It includes among other things: information about their staff, their performance and their personal contact information; marketing information and information, comment or implication published on any website.
‘Commission’ means the commission payable to us in return for our Service.
‘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.
‘Fee’ means the money that a Client pays an Owner for provision of the Owner’s services.
‘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.
‘Price’ means the price you accept for the hire of a particular vehicle on a particular date or bundle of services you provide.
‘the Regulations’ means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
‘our Service’ means the service we provide to you: the use of our Website to Post Listings for your vehicle, and the handling of payments from Clients to yourself.
‘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
1) In this agreement unless the context otherwise requires:
2) The headings to the paragraphs to this agreement do not affect the interpretation.
3) 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.
4) A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
5) In the context of permission, ‘may not’ in connection with an action of yours, means ‘must not’.
6) 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.
7) In an indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
8) So far as the law allows, all implied conditions, warranties and terms are excluded from this agreement.
9) A reference to your services means the hire of your vehicle and may include, as appropriate, other services you may provide, such as driving the vehicle or decorating it.
10) 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 relationship to you
1) Your relationship to us is that you are our client, dealing at arm’s length. Nothing in this agreement shall constitute you and us as partners, joint venturers or co-owners.
2) Your contract for the provision of your services is solely between you and your Client, and not between you and us.
3) Nothing in this agreement gives you any right in respect of IP, or goodwill generated from that IP.
4) We are in no way responsible for your choice to accept any offer to hire your vehicle or to provide any particular service.
5) In any dispute about a service you provide, you should deal only with the Client. As an intermediary, we have neither legal obligation nor detailed information about the service provided.
Our contract with you
1) Our Website allows you as an Owner to Post Listings for vehicles that you are willing to hire to Clients and for supplementary services that you are willing to provide, and for Clients to book those vehicles and services. In consideration for providing our Service you agree to pay us our Commission for each transaction.
2) The consideration you provide to us in return is Commission on your Fees.
3) Subject to these terms and conditions, we agree to provide to you with our Service.
4) The terms applicable to website visitors, which may be found at [URL] shall be included in these terms. Where those terms conflict in any way with these ones, these ones shall take precedence.
5) You warrant that you have full authority to use our Website and our Service and you accept personal responsibility for every act or omission by you.
6) So far as the law allows, all implied conditions, warranties and terms are excluded from this agreement.
7) If you use our Website in any way, including if you use it on behalf of another person then you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you, in respect of that action.
8) Should these terms conflict with any other information we provide on our Website or elsewhere, then you agree that these terms prevail.
9) We may change these terms from time to time, by giving you at least 24 hours notice of any change. Your continued use of our Website after 24 hours following notification will be considered acceptance of any new terms. If you do not agree to the changed terms, then you must tell us and the terms that were agreed previously shall remain in place until your Account is terminated.
Verification of ownership
1) From time to time, we may ask to verify your identify, your ownership of a vehicle, your qualifications to drive, your insurance, and the worthiness of the vehicle for the purposes you advertise.
2) You agree to provide copies of such information as we request, which may include your driving licence, photographs of the vehicle, registration documents that prove your ownership; certificates of insurance and certificates that the vehicle is roadworthy (where appropriate).
3) You may not transfer your Account to anyone else for any purpose.
4) In the event of a material change in the ownership or control of your business, you agree to inform us of that change immediately.
5) You warrant (promise) that, for every vehicle that you manage or maintain a Listing:
6) you are the owner (or an owner);
7) the vehicle remains insured for the purposes you advertise, and that the insurance is fully paid up;
8) the vehicle is roadworthy, or if it shall not be used on public roads, that it is safe for the purposes you shall hire it; and
9) you may legally drive it.
10) In the event of a material change in the ownership of a vehicle, you agree to remove the Listing to inform us of that change immediately.
Pricing your service
1) You are responsible for choosing the Prices of your services and ensuring that they correctly set through, and displayed on, our Website.
2) Except where Prices may vary according to the circumstances given in these terms, you must offer the same Prices to all Clients. You may not negotiate different pricing for particular Clients (such as discounts, or preferential rates).
3) At all times, your Prices must be the same or lower than any price offered for the comparable service on your own website or on any competitor service to ours; but be no lower than any current minimum price level about which we notify you.
4) From time to time you may change your Prices. However, any change shall not affect the price of any service that you have already agreed to provide to a Client.
5) Your Price should include all expenses, sales taxes or duties payable by you. You may not expect the Client to pay any additional amount for any reason.
6) We are not responsible for calculating or paying sales taxes or duties on your behalf.
7) With your agreement, we may discount your Prices from time to time for promotional reasons.
Description of your business
1) You promise to keep up to date and accurate any Content, such as a Listing, that describes your vehicle and your services, including prices, availability, photographs and videos.
2) You warrant that you have rights to use the intellectual property in any such Content and you grant us a right, irrevocable while this agreement is in place, to use that Content on our Website in any way we decide.
3) We reserve the right to approve any Content that describes your vehicle and services before we allow it to be displayed on our Website.
4) We reserve the right to amend, at any time and at our complete discretion, Content on our Website that describes your vehicle or your services.
5) If you wish to impose additional terms on your Clients for any particular service, then you should place these within the Listing.
Payment
1) All payments for vehicle hire and additional services booked through our Website must be made through our Website. Clients may not pay you directly.
2) We shall deduct our Commission, and any other amount you owe us before transferring the Client’s money to you.
3) We shall transfer money due to you on the 15th day and the 30th day of every month. If you are located in the UK then we shall transfer money by bank transfer. If you are located elsewhere then we shall use a reputable online payment provider.
4) We shall provide the rate of our Commission when you first create a Listing on our Website, and in advance of any changes. You may also request them at any time.
5) Please note that if your bank charges additional fees for receiving money from us then it is you that must bear that cost.
6) You agree to bear the costs of any refund to which a Client is entitled provided that they cancel a booking with sufficient notice.
7) Although it happens infrequently, from time to time some Clients may fraudulently, and against the terms of our agreement with them, instruct their payment provider to refund them (a ‘charge back’). You agree that while we shall not charge you our Commission on any service where the payment was subject to a charge back, we may, at our discretion, deduct any additional expense to us that relates to a charge back from amounts we transfer to you.
8) Please note that for security purposes we may not permit more than a maximum number of transactions with any Client in a given period of time.
Late arrival and non-attendance by the Client
1) If the Client is not present at the time, date and location arranged, then you should make reasonable effort to check the Client’s location and timing with them. You should not assume that have cancelled.
2) You should not assume that late arrival by either party constitutes cancellation unless the party is over one hour late.
3) If your Client arrives late, then you are under no obligation to continue your service for any longer than if the Client had not arrived late.
4) If a Client fails to attend, then you are entitled to be paid for your services in full, and we are entitled to be paid our respective Commission.
Late arrival and non-attendance by the Owner
1) If you arrive late then you should ideally continue your services past the expected finishing time (unless the Client tells you that this is not necessary).
2) Non-attendance by you will constitute cancellation by you.
3) If the Client remains unhappy with this outcome, then it is your responsibility to find an outcome that the Client accepts.
4) If the Client is not satisfied with how you have resolved your late arrival or non-attendance, then you agree that we may refund the Client in full for the Price of the Session and our Fee remains payable by you.
Cancellation and refunds
1) You may cancel a booking for a vehicle or your services at any time.
2) Non-attendance at the agreed time and location on the day of the hire is considered to be cancellation.
3) We or you may cancel a booking for a service at any time before it starts without providing a reason. If we or you do so within 24 hours of the start of the provision of the service then, subject to these terms, you agree that we may refund the Client in full, and no Fee shall be payable to us.
4) 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 we may refund the Fee to the Client in full.
5) You agree that if the Client cancels an accepted booking with more than 24 hours notice before the start of the hire then we may refund them you Fee, less our Commission, less any reasonable expenses that you can prove that you incurred in relation to readying the vehicle for hire or preparing to provide an additional service.
6) You agree that it is at our complete discretion as to whether we accept that an expense you incurred was reasonable.
Termination
1) Any termination of this agreement will be without prejudice to any other rights or remedies to which you may be entitled.
2) This agreement may be terminated:
3) by us for any reason without giving you advance notice; or
4) 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.
5) On termination, we shall revoke your access to your Account. We may also delete information that we shall not further need.
6) 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.
7) 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 Client and return any money they have paid us in respect of that service in full.
Interruption to our service
1) If it is necessary for us to interrupt our service, we will give you reasonable notice where this is possible and when we think the delay is such as to justify telling you.
2) You acknowledge that our service may also be interrupted for many reasons beyond our control.
3) You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to our service.
Protection of Client Data
1) For the purposes of this clause, the terms ‘data controller’, ‘data processor’, ‘personal data’, ‘process’ and ‘processing’ shall have the meanings given to them in the Data Protection Act 2018 (‘DPA’).
2) You may not use Client Data made available to you during provision of our service for any purpose other than providing services booked through our Website.
3) You may process Client Data collected separately and directly by yourself in any way that you deem suitable, in which case, and in respect of that data, you are the data controller.
4) You agree to cooperate and assist us in relation to any complaint, notice or communication relating to Client Data.
5) The following terms apply only to Client Data where the Client a citizen of the UK or of a European Union member country:
6) You and us agree that we are the data controller and you are the data processor of any Client Data.
7) Whenever you are a data processor of Client Data, you shall:
8) process the personal data only in accordance with our instructions;
9) comply promptly with any request from us requiring you to process it differently;
10) implement appropriate technical and organisational measures to protect the Client Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure;
11) take all reasonable steps to ensure the reliability of your staff and agents who may have access to the Client Data and ensure that such staff and agents (a) are informed of the confidential nature of the Client Data; and (b) have undertaken training in the laws relating to handling personal data;
12) not cause or permit the Client Data to be transferred to a third party without either our explicit approval in writing, or some other safeguard as approved by law in place; and
13) notify us immediately of any potential data breach or complaint, notice or communication that relates directly or indirectly to the processing of the Client Data, or to your or our compliance with data protection legislation.
Complaints by Clients
1) You shall use your best endeavours to provide a high quality service to all Clients at all times.
2) You agree that we may measure your performance on such a basis as we decide, and that we may present the results to Clients.
3) You agree to deal promptly deal with any enquiries, matters or issues relating to the services you provide including Client complaints.
4) If any Client complains to us, then we shall refer that person to you. You agree to reply to the Client within 48 hours of receipt.
5) You acknowledge and accept that our Website allows Clients to publish reviews about their experience using our Website and your services, and that such reviews may not be positive about you or us. We may provide you with an opportunity to reply to reviews. Any reply must be polite, professional, and not confrontational. You may report or flag any review that you believe is unfairly negative about you, but it is at our sole discretion whether we remove that review or edit it.
Suspension and termination of your Account
1) We reserve the right to suspend your Account without notice if your services are cancelled or rearranged, for whatever reason and at our complete discretion.
2) On suspension:
3) you agree to provide your services for bookings for which any Client has already paid, and we shall transfer payment for those services as according to this agreement; but
4) no new bookings may be made;
5) you will still be able to access your Account; and
6) pages relating to you and your vehicles shall remain on our Website.
7) This agreement may be terminated by us, for any reason, with immediate notice.
8) It may be terminated by you, for any reason, with at least 24 hours’ notice. You must give us notice in writing, such
9) If you terminate the agreement, then we shall suspend your Account until services for which any Client has paid have been completed, after which we shall revoke your access to your Account and remove any page that relates to you.
10) If we terminate the agreement, then we shall cancel all services that are due to start less than 24 hours after termination and you agree that we are not liable to transfer any payment to you for any other service for which a Client has paid. We shall issue a full refund to the Client.
11) On termination, all the terms of this agreement that are intended to continue afterwards, shall do so.
Confidential Information
1) In respect of the Confidential Information of the other, each party now agrees that they will:
2) use their best endeavours to keep confidential any Confidential Information that they may acquire;
3) not use or disclose Confidential Information except to such extent as is necessary for the purposes of this agreement, or with the consent of the other party;
4) explain to all relevant employees, agents and sub-contractors about the provisions of this paragraph and take reasonable steps to ensure compliance with these provisions by their employees, agents and sub-contractors; and
5) from the date of this agreement until five years after the termination date, keep the Confidential Information secret and not divulge or make it known to anyone nor use it for the benefit of himself or any other person.
6) This clause does not apply to disclosure made by order of the court; of information or knowledge which comes into the public domain otherwise than by reason of the default of a party; or as may be minimally necessary to give effect to the purposes of this agreement whilst ever the agreement is operational.
7) The obligations set out in this paragraph shall continue to be fully effective indefinitely even if a party has destroyed or returned the Confidential Information.
Disclaimer and limitation of our liability
1) To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to use of our Website.
2) We make no representation or warranty for the quality of our service; its usefulness to you or its adequacy or appropriateness for a particular purpose; the correspondence of it with any description; the security of data processed directly or indirectly during its use; its compatibility with any particular hardware or software; its availability or accessibility to you without interruption or error; any malfunction in any hardware of yours as a result of using it or our Website; or the provision or failure to provide any firewall.
3) We shall not be liable to you for any loss or expense arising from your use of our service, or any information, email, numbers or data received from us in connection of the service, which is an indirect or consequential loss; or an economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
4) We assume no responsibility for the deletion or failure to store files, messages or other data and you accept that we cannot be liable to you for any such deletion or failure to deliver to you such data.
5) 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.
6) Except where otherwise set out, our total liability to you, however it arises, shall not exceed Commission paid by you in the preceding three months. This applies whether your case is based on contract, tort or any other basis in law.
Indemnity
1) You agree to indemnify us, our officers, directors and employees against all costs, claims and expense arising directly or indirectly from:
2) your failure to comply with the law of any country;
3) your breach of this agreement;
4) any act, neglect or default of yours or by your use of our service or our Website;
5) a contractual claim arising from your use of our service; and
6) a breach of the intellectual property rights of any person.
7) 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.
Miscellaneous matters
1) 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.
2) The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
3) Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
4) 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.
5) 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.
6) In the event of a dispute, 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.
7) The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.
Licensing and Insurance Requirements
In the United Kingdom, all drivers operating vehicles for hire or reward must meet specific legal requirements. This includes:
- Driver Licensing: All drivers must hold a valid license issued by the appropriate licensing authority.
- Vehicle Licensing: The vehicle used must also be licensed for commercial or private hire use by the relevant authority.
- Operator Licensing: Drivers must be appropriately licensed as operators to engage in the commercial transport of passengers.
- Commercial Insurance: Adequate commercial insurance coverage is mandatory to ensure the protection of both drivers and passengers.
Failure to comply with these legal requirements may result in penalties and legal consequences. It is your responsibility to ensure that all applicable licensing and insurance obligations are fulfilled before operating a vehicle in a commercial capacity.
To find out more please visit this link: https://www.gov.uk/guidance/goods-vehicle-operator-licensing-guide