YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSES 4.1, 10.2.5 AND 11.2.
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply services to you.
1.2 Why you should read them. Please read these terms carefully before you submit you order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Dream Drive Ireland Limited (“Dream Drive”) a company registered in Northern Ireland. Our company registration number is NI642042 and our registered office is at 7 Harbour Court, Heron Road, Belfast, BT3 9HB. Our registered VAT number is [NUMBER].
2.2 How to contact us. You can contact us by telephoning our consumer service team at 00442890455017 or by writing to us at firstname.lastname@example.org or 7 Harbour Court, Heron Road, BT3 9HB.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 In accordance with these terms and conditions we will rent a vehicle plus any requested accessories (as advertised on our website) to you for the period of time that is specified in the rental agreement (the “Services”);
3.2 The relationship between you and Dream Drive is governed by these terms and conditions together with the following documentation which, once you have signed the rental agreement, will form a legally binding Contract between us and will govern your use of the vehicle during the hire period:
3.2.1 the booking confirmation email;
3.2.2 the rental agreement;
3.2.3 the tariff guide to additional costs;
3.2.4 the hire driver proposal form;
3.2.5 the pre-hire questionnaire; and
3.2.6 the damage price guide;
together the “Contract”.
3.3 How we will accept your order. Our acceptance of your order will take place when we tell you that we are able to provide you with the Services, which we will also confirm in writing to you, you provide us with the required documents for booking and you pay us the booking fee of £200 at which point a contract will come into existence between you and us.
3.4 Documents we require for booking. In order to accept you order, you will need to provide us with a copy of your passport, a proof of address dated within the three months leading up to your booking (such as a utility bill) and a full, valid drivers license.
3.5 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Services. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Services.
3.6 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. YOUR OBLIGATIONS TOWARDS US
4.1 WHO CAN DRIVE THE VEHICLE. SOME OF THE CARS RENTED BY DREAM DRIVE ARE EXTREMELY SPECIALISED AND DO NOT HAVE MANY OF THE USUAL DRIVER AIDES OF “EVERYDAY” ROAD CARS, SUCH AS ABS BRAKES. ONLY THOSE PERSONS EXPRESSLY NAMED ON THE RENTAL AGREEMENT ARE PERMITTED TO DRIVE THE VEHICLE. ANY DRIVER NAMED ON THE RENTAL AGREEMENT MUST BE AT LEAST 25 YEARS OF AGE AND MUST HAVE HELD A VALID FULL DRIVERS LICENCE APPROPRIATE FOR THE VEHICLE BEING HIRED FOR A MINIMUM OF 2 YEARS.
4.2 Where can the vehicle be driven. The vehicle must only be driven in Northern Ireland. If you wish to drive the vehicle outside of Northern Ireland you must obtain our prior written consent.
4.3 Obligations towards the vehicle. When renting a vehicle you must:
4.3.1 return the vehicle to us in the same condition it was in (including with regards to a full tank of fuel) prior to you hiring the vehicle (subject to any fair wear and tear);
4.3.2 drive the vehicle in accordance with all applicable road traffic laws and regulations;
4.3.3 lock the vehicle when you are not in it and take all reasonable precautions which an owner of the vehicle would take to ensure that the vehicle is safe from theft and/or damage;
4.3.4 refill the vehicle with the correct type of fuel; and
4.3.5 use the vehicle solely for recreational purposes.
5. DAMAGE TO THE VEHICLE AND OTHER COSTS
5.1 When you collect the vehicle from our office you will be asked to inspect the vehicle alongside a member of our staff and identify any damage to the vehicle. You will be asked to complete a section of the rental agreement where you should note any damage to the vehicle which you have identified.
5.2 Unless any damage to the vehicle is covered by our comprehensive insurance you will be liable, in addition to the excess sum under any such policy, for the following charges:
5.2.1 the cost of repairing any new damage to the vehicle (i.e. damage which you did not identify and make a note of in the rental agreement during your inspection of the vehicle and any associated accessories (“New Damage”)); and or the cost of repairing any damage you cause to another third party and their property; and
5.2.2 damages for loss of the vehicle howsoever caused and whether or not you are responsible for such loss unless such loss is due to our breach of the Contract.
5.3 When you return the vehicle to our office a member of staff will inspect the vehicle alongside you and identify any New Damage to the vehicle and you will sign a check-in document confirming the findings of this inspection.
5.4 You will also be liable for any fines or costs which you incur whilst using the Services (including but not limited to parking fines and speeding fines).
6. USE OF A TRACKER
6.1 To maintain and protect the vehicle and to prevent and detect crime we may use electronic devices to monitor the condition, performance and operation of the vehicle and/or to track the vehicle’s movements. This information may be used both during and after termination of the supply of the Services.
6.2 By accepting these terms and conditions you expressly acknowledge having granted your explicit consent to the use of such electronic devices.
7. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Services please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
8. OUR RIGHTS TO MAKE CHANGES
8.1 Minor changes to the Services. We may change the Services:
8.1.1 to reflect changes in relevant laws and regulatory requirements; and
8.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Services.
8.2 More significant changes to the Services and these terms. In addition, as we informed you in the description of the Services on our website, we may make the following changes to these terms or the Services, but if we do so we will notify you and you may then contact us to end the Contract and receive a full refund before the changes take effect:
8.2.1 Changes to the exact vehicle type being provided.
9. PROVIDING THE SERVICES
9.1 When we will provide the Services. We will supply the Services to you from the date set out in the rental agreement for the time period set out in the rental agreement.
9.2 We are not responsible for delays outside our control. If our performance of the Services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Services you have paid for but not received.
9.3 What will happen if you do not provide required information to us. As we informed you in the description of the Services on our website, we will need certain information from you so that we can provide the Services to you, for example, we will require proof of a valid full drivers licence. We will contact you in writing to ask for this information. If you do not provide us with this information, or you provide us with incomplete or incorrect information, we may either end the Contract (see clause 11.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the Services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
10. YOUR RIGHTS TO END THE CONTRACT
10.1 You can always end the Contract before the Services have been supplied and paid for. You may contact us at any time to end the Contract for the Services, but in some circumstances we may charge you certain sums for doing so, as described below.
10.2 What happens if you have good reason for ending the Contract. If you are ending the Contract for a reason set out at (10.2.1) to (10.2.6) below the Contract will end immediately and we will refund you in full for any Services which have not been provided or have not been properly provided. The relevant reasons are:
10.2.1 we have told you about an upcoming change to the Services or these terms which you do not agree to (see clause 8.2);
10.2.2 we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
10.2.3 there is a risk the Services may be significantly delayed because of events outside our control;
10.2.4 we suspend the Services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than one month;
10.2.5 you have given us at least three months’ notice of your intention to end the Contract; or
10.2.6 you have a legal right to end the Contract because of something we have done wrong.
10.3 What happens if you end the Contract without a good reason. If you are not ending the Contract for one of the reasons set out in clause 10.2, the Contract will end immediately but we may charge you £200 as compensation for the net costs we will incur as a result of you ending the Contract.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the Contract if you break it. We may end the Contract at any time if:
11.1.1 you do not make any payment to us when it is due;
11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, a valid drivers licence;
11.1.3 you arrive to collect the vehicle and you are under the influence of alcohol, hallucinatory drugs, controlled substance, other illegal drugs or any other substance (whether legal or illegal) that is liable to impair your driving ability;
11.1.4 you have failed to successfully complete and/or pass the pre drive tutorial; or
11.1.5 where we otherwise judge, at our sole discretion, that provision of the Services is otherwise not appropriate.
11.2 You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you £200 as compensation for the net costs we will incur as a result of your breaking the Contract.
11.3 We may stop providing the Services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least one month in advance of our stopping the Services and will refund any sums you have paid in advance for Services which will not be provided.
12. IF THERE IS A PROBLEM WITH THE SERVICES
12.1 How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can contact us by telephoning our consumer service team at 00442890455017 or by writing to us at email@example.com or 7 Harbour Court, Heron Road, BT3 9HB.
12.2 Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
13. PRICE AND PAYMENT
13.1 What is included in the price. The price you pay will compromise the following items:
13.1.1 the rental of the vehicle;
13.1.2 our clean of the vehicle prior to your rental; and
13.1.3 the cost of mandatory third party liability insurance (as more particularly detailed in clause 15.
13.2 Where to find the price for the Services. The price of the Services (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We use our best efforts to ensure that the prices of Services advised to you are correct. However please see clause 13.4 for what happens if we discover an error in the price of the Services you order.
13.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
13.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and not perform the Services.
13.5 When you must pay and how you must pay. You must make an advance payment of £200 at the point of booking the services. You must pay for the balance of the price of the Services prior to collection of the vehicle. We accept payment by credit card and debit card.
14.1 In addition to the price which you must pay to rent the vehicle, we will also take a £1500 deposit from you.
14.2 The deposit must be paid by credit card or debit card and we will request an electronic authorisation from the issuing bank to ring-fence the deposit value against the card. We will not withdraw any funds. However, the available credit on the card will be reduced by the deposit value.
14.3 You agree that any additional charges arising out of your rental of the vehicle (including but not limited to damage or loss of the vehicle) can be offset against your deposit.
14.4 If there are no additional charges arising out of your rental of the vehicle then the deposit value will be released to your card within 21 working days of you returning the vehicle to us or your hire period ending, as the case may be.
15.1 As part of your purchase of the Services, we will be providing you with fully comprehensive insurance.
15.2 This fully comprehensive insurance will cover you for the following:
15.2.1 accidental or malicious damage cover;
15.2.2 damage to or theft of in-car entertainment, communication and navigation equipment;
15.2.3 damage to the vehicle by theft or attempted theft;
15.2.4 damage to the vehicle resulting from fire;
15.2.5 third party liability cover including whilst towing;
15.2.6 glass/windscreen damage; and
15.2.7 replacement locks.
15.3 You will have to pay for any repairs up to and including the value of £1500.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive Services which are as described and supplied with reasonable skill and care.
16.3 We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1 How we will use your personal information. We will use the personal information you provide to us to:
17.1.1 provide the Services;
17.1.2 process your payment for such Services; and
17.1.3 if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
17.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the Services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
17.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
18. OTHER IMPORTANT TERMS
18.1 We may transfer this Contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Contract within one month of us telling you about it and we will refund you any payments you have made in advance for Services not provided.
18.2 You may only transfer your rights under our guarantee to someone else. You may only transfer your rights or your obligations under these terms to another person with our written consent and we have the right to withhold our consent.
18.3 Nobody else has any rights under this Contract (except someone you pass your guarantee on to). This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 If a court finds part of these terms and conditions illegal, it will be deemed modified to the minimum extent necessary to ensure enforceability. If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms and conditions.
18.5 Even if we delay in enforcing these terms and conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
18.6 Which laws apply to these terms and conditions and where you may bring legal proceedings. These terms are governed by Northern Irish law and you can bring legal proceedings in respect of the Services in the Northern Irish courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the Northern Irish courts. If you live in England, you can bring legal proceedings in respect of the Services in either the English or the Northern Irish courts.