Clients’ FAQs & T&Cs

FAQs and T&Cs 

What do you do?

We source vehicles for TV, Film and Advertising companies.

What will they cost?

The fee varies greatly depending on a number of factors – the rarity of your vehicle, the location of the shoot, time required, etc. – from $400 for a few hours work up to $1,000 or more per day.  We can normally source the vehicle you need from our existing database and contacts.  However, we also offer a specialist vehicle sourcing service for hard to find vehicles at $65 per hour.

Is there a cancellation fee?

Sorry, yes.  Most owners have to make special arrangements to make their vehicle available for you.  They often have to book time off work, re-arrange personal or professional appointments as well as preparing the vehicle, etc.  For this reason, should you subsequently cancel the booking within 72 hours of the shoot date, or the shoot is moved to a date where the vehicle in not available, 15% of the hire fee will be payable.

What sort of vehicles can you provide?

Any type of vehicle you can think of!  Modern family cars, classic, vintage and veteran cars; trucks; tractors; motor bikes; campervans; boats; planes.

What condition are they in?

Though we can provide concourse as well as rough and rusty vehicles, most are close to how they looked in the year they were manufactured.

Who will bring the vehicle to set?

We encourage our owners to accompany their vehicle to set whenever they can.  If the owner is not available then we can provide vehicle wranglers.  We work with owners and vehicle wranglers to ensure they provide the best possible service to you.  However we do not accept any responsibility for their performance or behaviour.

Can you provide Vehicle Wranglers?

We normally find that the vehicle owner are quite capable of organising the vehicle on your set.  However if you have a large number of vehicles, any specialist requirements or if the owner is not available we can provide vehicle wranglers/co-ordinators.

Who is responsible for any damage?

You are fully responsible for any damage when on set or under your control or direction.  We provide a vehicle condition report to be completed when the vehicle arrives on set.

Who can drive the car on set?

Only the owner or vehicle wrangler approved by us are to drive the car on set unless agreed in advance in writing.

Can the talent drive the vehicle?

Subject to the owner’s approval, actors can drive the vehicle.  They will be covered by our own insurance policy for which there is a daily rate and an insurance excess based upon the value of the vehicle.  Actors will need to sign our standard rental agreement.  A copy is available here – http://www.vcch.com.au/prices/

Can I deal with the owner direct?

We invest a lot in adding to and maintaining our databases and our contacts.  Therefore, once we provide you with the contact details of any owner you agree that all future bookings will also be made through us.

And that brings us nicely to our Terms and Conditions!

TERMS AND CONDITIONS OF HIRE

  • Please read the following Terms and Conditions carefully
  • Email, sms or verbal agreement to a booking will indicate that you accept wholly the Terms and Conditions
  1. DEFINITIONS AND INTERPRETATION

1.1       In this agreement the following definitions apply unless the context requires otherwise:

‘Client’ shall be deemed to be the person who has organised the Hire and is responsible for the payment of the Hire.

‘Client Related Party’ shall mean any guest or invitee of the Client, any co-worker, employee or employer of the Client, any customer of the Client or any person, including members of the public, that may attend an event organised by the Client that features the Vehicle.

‘Company’ shall mean Vintage and Classic Car Hire Pty Ltd (CAN 61135405293) trading as Star Cars Agency.

‘Driver’ shall mean the chauffeur of the Vehicle being either the Owner or any person so appointed by the Owner.

‘Hire’ shall mean the contract between the Owner and the Client for the hire of a Vehicle, incorporating these terms and conditions.

‘Owner’ shall mean the party that owns and supplies the Vehicle for the Hire.

‘Reservation’ shall be deemed to mean a Hire where a confirmed booking has been made, but the full amount has yet to be paid.

‘Vehicle’ shall mean any form of transport including, but not limited to, car, truck, van, bike or bus supplied to the Client.

1.2       A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.3       Words in the singular include the plural and in the plural include the singular.

1.4       A reference to one gender includes a reference to the other gender.

1.5       Condition headings do not affect the interpretation of these conditions.

  1. APPLICATION OF TERMS

2.1       Subject to any variation under condition 2.3, the Hire shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Client purports to apply under any booking form, order, confirmation of order, specification or other document).

2.2       No terms or conditions endorsed on, delivered with or contained in the Client’s booking form, order, confirmation of order, specification or other document shall form part of the Hire simply as a result of such document being referred to in the Hire.

2.3       These conditions apply to all Hires and any variation to these conditions and any representations about the Hire shall have no effect unless expressly agreed in writing and signed by the Owner and the Company. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Owner or the Company which is not set out in these conditions. Nothing in this condition shall exclude or limit the Owner’s or the Company’s liability for fraudulent misrepresentation.

2.4       All Reservations and Hires shall be arranged through the Company as the agent for the Owner. As agent for the Owner, the Company’s sole responsibility under these conditions is to take Reservations and arrange Hires for and on behalf of the Owner and it shall not be responsible for performing any of the Owner’s obligations under these conditions or otherwise in connection with the Hire or be liable for the actions of the Owner in performing the Hire as more particularly detailed at condition 3.1.

2.5       Receipt by the Company of a sms, email or verbal booking from the Client shall be deemed to be an offer by the Client for the Hire subject to these conditions.

2.6       The Client shall ensure that the terms of its booking and any applicable specification are complete and accurate.

  1. RESPONSIBILITY

3.1       It is hereby acknowledged and accepted by the Client that the Company shall not be responsible and shall be in no way liable for the actions or omissions of the Owner or the Driver in connection with the Hire or otherwise, including, without limitation, any liability arising in connection with:

(a)        any failure by the Owner or Driver to perform the Hire;

(b)        any failure by the Owner or Driver to perform the Hire promptly;

(c)        any theft of or damage to the personal property of the Client or any Client Related Party or any third party whether through the actions of the Owner or Driver or otherwise; or

(d)        any personal injury that the Client or any Client Related Party or any third party may suffer through the negligence of the Owner or Driver when performing the Hire.

3.2       The responsibility for any damage caused to the Vehicle by the Client or any Client Related Party shall solely rest on the Client. It is an express condition of the Hire that the Client accepts this responsibility. All damage, howsoever caused, to the inside or outside of the Vehicle, including that caused by a third party following incitement by the Client or any Client Related Party, shall be the responsibility of the Client. The Owner can choose whom it wishes to make the necessary repairs, and the retail cost of said repairs shall be paid for by the Client. In addition the Client shall be solely responsible for making good the loss to the Owner of having its Vehicle out of use. This shall be calculated by the Owner, at its sole discretion, and will constitute a payment of a fixed rate for however long the Vehicle is not in service as a result of the damage caused. That notwithstanding, the Client shall also be responsible for any further losses that are incurred as a result of lost bookings.

3.3       The Owner and the Company accept no responsibility for any belongings of the Client or any Client Related Party that may be left in the Vehicle subsequent to the Hire.

3.4       Neither the Owner nor the Company accepts any liability from any material or personal damages arising from the conduct of the Client or any Client Related Party.

3.5       The Client accepts responsibility on behalf of itself and on behalf of any Client Related Party for any damage or loss suffered by the Owner in relation to any of the Owner’s property that may be supplied for the entertainment of the Client and any Client Related Party.

3.6       In the case of television and film work or any other event where a third party is required to drive the Vehicle, the Client shall be responsible for obtaining all appropriate insurances for the third party to drive the Vehicle and will be responsible for all damage caused.

  1. SAFETY

4.1       A strict no smoking policy is employed in all Vehicles. Failure to adhere to this policy will result in the Hire being terminated with immediate effect; furthermore there will be no refund. The cost of repair of damage to the Vehicle caused by a breach of the no smoking policy, including the cost of a valet, shall rest with the Client.

4.2       The commission of any illegal or unlawful act or omission by the Client or any Client Related Party shall result in the immediate termination of the Hire without compensation. In the event of the Client or any Client Related Party failing to wear a seatbelt, where fitted, the Hire will be terminated without any refund, and furthermore the Client will indemnify the Owner and the Driver against any and all fines imposed as a consequence of the breach of the legal requirement.

4.3       Under no circumstances will the Driver carry more passengers in the Vehicle than is legally permitted. In addition the Owner may impose a restriction on the total weight of luggage that the Client and any Client Related Party may take on board the Vehicle. If in doubt, the Client should contact the Company or the Owner for advice on the luggage restrictions. However, the Client expressly agrees that the final decision regarding whether or not the luggage can be safely carried is with the Driver.

4.4       Irresponsible behaviour on the part of the Client or any Client Related Party inside or outside of the Vehicle during the course of the Hire will not be tolerated. At the sole discretion of the Owner or Driver the Hire may be immediately terminated without recompense. Furthermore the Client will be held responsible for any loss, howsoever caused, by his own irresponsible behaviour or that of any Client Related Party.

  1. GENERAL CONDUCT

5.1       The Client is responsible for his own behaviour and conduct, and that of any Client Related Party.

5.2       Food or drink may not be consumed in the Vehicle unless this has been agreed in writing prior to the Hire date. In addition, due to the safety issues surrounding the opening of a champagne bottle, this may only be carried out by the Driver, the Client or any Client Related Party outside and away from the Vehicle.

5.3       The Client expressly accepts that only the Driver may open and close the Vehicle’s doors (save in the case of an emergency). In the event that this condition is not adhered to, the Owner and the Company will not be held responsible for accidents caused as a consequence; rather the Client accepts full responsibility for any damage caused to the Vehicle or to the property of the Client, any Client Related Party or any third party and any personal injury to the Client, any Client Related Party or any third party.

5.4       Should the Client hire the Vehicle for the purposes of a static display, the Client shall be responsible for providing all of the necessary security arrangements to protect the Vehicle and shall ensure that the Vehicle is roped off from all members of the public.

  1. PRICE

6.1       The price of the hire shall be negotiated on a case by case basis. The price will be reduced by 70% should a job be cancelled once a booking has been made.

6.2       All prices are exclusive of GST (if applicable).

  1. PAYMENT

7.1       Payment is due within 7 days of the date of invoice so that the Company can pay the Owner promptly.

  1. LIMITATION OF LIABILITY

8.1       It is the Client’s responsibility to ensure that there is adequate time to travel to and from locations. Advice can be provided from the Owner or the Company; however this will not amount to a contractual obligation on the part of the Owner to meet any time estimates.

8.2       The Company undertakes to use its best endeavours to ensure that the Vehicle booked is the one provided for the Hire. However, the Company reserves the right to alter the type of Vehicle at any time provided that such alteration is notified to the Client beforehand and the Client is given the opportunity to cancel the Hire. In the event that the replacement Vehicle is of a lesser value an appropriate adjustment will be made to the Hire cost.

8.3       The Client expressly accepts that the Hire is founded on the Owner using its best endeavours to perform the Hire and therefore, no specific guarantees are made in terms of time, the reliability of the Vehicle or indeed events that are outside the direct control of the Driver. If a Vehicle is involved in an accident or suffers mechanical failure, the Owner shall endeavour to make alternative arrangements to get the Client and any Client Related Party to their destination by contacting the Company in the first instance or otherwise as required. Where the Owner contacts the Company, the method of alternative travel shall be decided by the Company at its absolute discretion. This condition shall not operate to prevent the Client from making alternative arrangements at their own cost, for which no claim can be made against the Owner or the Company.

8.4       The Client shall indemnify the Owner and the Company against any and all claims as a result of a failure to arrive at the agreed destination on time, or indeed at all.

  1. ADDITIONAL CHARGES

9.1       The Company expressly reserves the right to make any additional charges to the Client in the event that the time or location of the Hire is altered subsequent to booking.

9.2       Additional charges may also be made if, at the request of the Client and time permitting, the Driver agrees to collect additional passengers (subject to the legal maximum the Vehicle can carry) from alternative locations. There are no guarantees that this arrangement will be possible and the Client expressly agrees that the final decision on this matter shall be with the Driver.

9.3       The Client agrees that he is responsible for any parking charges that may arise on the Hire date and such sums shall be invoiced following the Hire date.

9.4       If a Vehicle is left in an unreasonable condition by the Client or any Client Related Party the responsibility to cover the cost of a valet of the Vehicle will be with the Client. The Owner at its sole discretion may determine what constitutes an unreasonable condition and the Client expressly agrees to this. The minimum cost of a valet is $100, which may increase depending on the Vehicle’s condition.

9.5       In the event of the Driver being kept waiting on the Client or any Client Related Party for more than 15 minutes when a specific time has been agreed, the Owner shall make an additional charge based on increments of 30 minutes at the appropriate rate.

  1. ASSIGNMENT

10.1     The Owner may assign the Hire or any part of it to any person, firm or company.

10.2     The Client shall not be entitled to assign the Hire or any part of it without the prior written consent of the Owner.

  1. FORCE MAJEURE

11.1     The Owner reserves the right to defer the date of Hire or to cancel the Hire (without liability to the Client) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Owner including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers, provided that, if the event in question continues for a continuous period in excess of 30 days, the Client shall be entitled to give notice in writing to the Owner or Company to terminate the Hire.

  1. DATA PROTECTION

12.1     The Clients’ personal details will be held and/or transferred in strict accordance with the applicable data protection laws. The Clients’ personal details will not be disclosed to any other company, and will only be used to keep the Clients updated with the Company’s services. Clients may, however, instruct the Company not to use their details for direct marketing purposes.

  1. GENERAL

13.1     Each right or remedy of the Owner or the Company under the Hire is without prejudice to any other right or remedy of the Owner or the Company whether under the Hire or not.

13.2     If any provision of the Hire is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Hire and the remainder of such provision shall continue in full force and effect.

13.3     Failure or delay by the Owner or the Company in enforcing or partially enforcing any provision of the Hire shall not be construed as a waiver of any of its rights under the Hire.

13.4     Any waiver by the Owner or the Company of any breach of, or any default under, any provision of the Hire by the Client shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Hire

13.5     The formation, existence, construction, performance, validity and all aspects of the Hire shall be governed by the laws of New South Wales.

13.6     If the Client is a business then that business shall assume all responsibilities of the Client in these conditions and will be bound to advise any Client Related Party of the same.

13.7     The Client must be over the age of 18.

13.8     The Owner or the Company may at its absolute discretion refuse any Hire without explanation or reason.

13.9     The Owner, the Driver or the Company may take photographs or make videos at Client weddings and events for use on the Company’s website or promotional material. If the Client shall object to this, the Client must advise the Company at the time of booking confirmation.

13.10   Unless otherwise stated on the Company’s website or advertising material, all ‘TV & Movie’ Vehicles listed are replica or similar models to the original vehicles used in the relative television shows or movies.