Vanilla Splits Terms and Conditions of Hire
1. Definition of Terms
‘Agreement’ means the Vehicle Rental Agreement attached, any additional handover documents, and the terms and conditions
herein, including references to the Vehicle Handbook.
‘Delivery and Collection Service’ is an additional service offered by Vanilla Splits whereby, subject to agreement, a
Vehicle can be delivered directly to a Hirer’s chosen location at the start of a hire, and/or collected from a Hirer’s
chosen location at the end of a hire.
‘Driver’ is each and every person who is named as a driver on the Vehicle Rental Agreement and legally permitted to drive the Vehicle.
‘Excess’ is the insurance excess payable in the event of an insurance claim.
‘Hirer’ means the person or persons nominated as the hirer under the heading ‘Hirer Details’ on the Vehicle Rental Agreement and
any person whose credit card is presented in payment of Vanilla Splits’ charges.
‘Included Mileage’ is the maximum mileage permitted before a mileage surcharge is added and is shown on the Vehicle Rental
‘Insurance’ is the motor vehicle insurance policy for the vehicle and does not provide any other cover.
‘Living Equipment’ includes but is not limited to crockery, cutlery, cooking utensils, linen and any other items or extras provided in
addition to the hired Vehicle.
‘Rental Period’ means the hire period referred to under the heading ‘Booking Details’ on the Vehicle Rental Agreement or any
agreed variation thereof and any other period during which the Vehicle is in the Hirer’s possession or control.
‘Security Deposit’ means the deposit detailed under the heading ‘Vehicle Security Deposit’ in the Vehicle Rental Agreement.
‘Vanilla Splits’ means PMC247 Ltd, whose registered office is at The Granary, Brewer Street, Bletchingley, Surrey RH1 4QP,
registered in England number 6080823, trading as Vanilla Splits.
‘Vehicle’ means the vehicle described under the heading ‘Vehicle Details’ on the Vehicle Rental Agreement and includes tyres,
tools and accessories and any other special equipment or documents related to the Vehicle and any replacement or substitute
Vehicle which may be provided at the discretion of Vanilla Splits.
‘Vehicle Handbook’ is the handbook provided in the vehicle which contains data and procedures specific the each vehicle.
‘Vehicle Rental Agreement’ means the schedule with the same title which is attached to these Terms and Conditions as has been
signed by the Hirer.
‘Voucher’ means a voucher which has been purchased from Vanilla Splits as an advanced means of payment for the
hire of one or more vehicles.
2. Handover and Return of the Vehicle
a) Handover takes place during working hours from 2pm on the first day of hire. Handover outside of these hours may incur an
additional fee of £50 per hour or part hour.
b) The Hirer acknowledges having received the Vehicle in a clean condition and in sound working order in accordance with the
departure checklist and with a full fuel tank.
c) Handover cannot take place unless all documents requested are brought for each Driver. The documents are: all parts of a
driving licence showing the address of the Driver; a utility bill or bank statement showing the same address for the Driver. By
prior agreement other documents may be acceptable, but the Hirer should be aware that any Driver that does not produce
acceptable documents will not be able to drive the Vehicle and that if there are no Drivers able to drive the vehicle the hire will
be effectively cancelled by the Hirer with no refund available.
d) Where a vehicle has previously been returned with a mechanical or cosmetic defect, Vanilla Splits may need to delay the
handover whilst these issues are resolved. The Hirer agrees that a delay of up to 2 hours will be accepted to resolve mechanical
issues, and that any residual cosmetic damage which does not compromise safety will fail to be good reason for the hire to be
e) Electric Gate Fob. All vehicles are supplied with a set of keys that includes a remote control fob which will open the electric gate
at our premises. If this device is lost or damaged during the hire, the Hirer is hereby informed that the cost of replacing the unit
and reprogramming all other units is £400.00 including VAT and that this will be charged as a fee at the end of the hire period.
a) The Hirer agrees to return the Vehicle in a clean condition with a full fuel tank by the return date and time set out under the
heading ‘Return date’ in the Vehicle Rental Agreement.
b) Within 2 working days of the return of the vehicle, whether the Hirer is present or not, Vanilla Splits will inspect the vehicle, and
advise the Hirer of any damage or shortages which could affect the return of the Security Deposit.
c) Except in the case of breakdown, the Hirer acknowledges that Vanilla Splits will not refund any monies, nor have any obligation
to provide a replacement Vehicle, if the Vehicle is returned early or the Hirer ceases to have the use of the Vehicle prior to the
return date for any other reason e.g. accident, weather or theft.
d) If the vehicle is returned after the return date and time as set out in the Vehicle Rental Agreement, Vanilla Splits may charge a
late return fee of £50 per hour or part hour. However, should Vanilla Splits suffer any other costs or losses as a consequence of
the late return, including but not limited to the cancellation of the next hire, the Hirer shall be liable for these in addition to the late
3. Payment of fees and Cancellation
3.1 Before any hire can take place, the Hirer must make a booking for which a non refundable fee of £150 is payable at the time the
booking is made. In addition to the booking fee, not less than six weeks before the start date, the Hirer agrees to pay the total hire
charge; if payment is not received by six weeks from the start date the booking will be considered cancelled.
3.2 Prior to handover the Hirer is required to pay the Security Deposit either in cash or by credit/debit card; cheques are not
acceptable unless sent one week in advance of the start date.
3.3 During or following the Rental Period the Hirer agrees to pay:
a) A valeting fee of £100 if the Vehicle is not returned with the interior in a clean condition;
b) A service charge of £25 plus the cost of fuel if the vehicle is not returned with a full fuel tank.
c) A surcharge of £1 per mile for distance travelled that exceeds the Included Mileage.
d) The cost of any damage to the Vehicle or the property of any third party, subject to the terms of the insurance cover;
e) The cost of any damage to the Vehicle or Living Equipment not covered by the Insurance
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f) All applicable government fees and duties;
g) All parking fines, other fines or penalties, and/or the costs or replacement, reinstatement or repair following accidents,
including third party property damage not reported on return of the Vehicle, and associated administrative costs incurred in
relation to the Vehicle during the Rental Period;
h) Any other fees or charges payable pursuant to this Agreement. This includes any fees, costs or losses incurred by Vanilla
Splits or any other party as a result of any breach of the terms of this Agreement by the Hirer;
i) The daily rental rate for the period the Vehicle is off fleet for accident repairs if outside the Rental Period; and
j) The cost to recover a Vehicle which has become bogged.
3.4 In the event of cancellation prior to hire, the Hirer agrees to pay the cancellation fee in accordance with the following:
a) More than 6 weeks before start date – no cancellation fee;
b) Between 6 weeks and 2 weeks before start date – 50% of total hire charge; or
c) Less than two weeks before start date - 100% of total hire charge
4. Payment of Charges - Joint and Several Liability
All charges and expenses payable by the Hirer under this Agreement are due on demand by Vanilla Splits. If the Hirer does not pay
all charges due, a late charge of 1.5% per calendar month on the outstanding balance and any collection costs incurred by Vanilla
Splits, including reasonable legal fees, will be added. When the Hirer comprises more than one person, each person is jointly and
severally liable for all obligations of the Hirer pursuant to this Agreement.
5. Credit Card Payment
Vanilla Splits will accept payment by certain credit cards. Where payment is paid by credit card, the Hirer agrees that:
a) Vanilla Splits is irrevocably authorised to complete any documentation and to take any other action to recover from the
credit card issuer all amounts due pursuant to this Agreement, including but not limited to, any amounts due in respect to
damage to the Vehicle or to the property of a third party and all other additional charges as they are incurred, including all
parking and traffic infringement penalties, road toll fines, London congestion charges, and associated administration costs;
b) the Hirer will not dispute any liability to Vanilla Splits for any amount due under this Agreement and shall indemnify and
keep indemnified Vanilla Splits against any loss incurred (including legal costs) by reason of notifying a credit card issuer of
c) Vanilla Splits may process the credit card voucher. In the event that Vanilla Splits elects to accept payment of the Security
Deposit by holding an open security payment (which may be cancelled at the completion of the Rental Period), the Hirer agrees
that Vanilla Splits is entitled to obtain payment from the credit card issuer pursuant to paragraph 5(a) in respect of any amounts
due which are not known at the time of cancelling the open security payment.
d) The Hirer acknowledges that all transactions under this agreement are conducted in Pounds Sterling. For credit card
accounts held in a different currency, the Hirer acknowledges that all payments and refunds will be made at the prevailing
exchange rate of that credit card company, and that Vanilla Splits cannot accept any liability for exchange rate variations or
charges that may occur.
6. Hirer Warranties and Indemnities
The Hirer warrants that all information supplied to Vanilla Splits in connection with this agreement is true and complete. In particular,
at the time of hire the Hirer warrants that information supplied with the original booking has not materially changed, including but not
limited to the number of points on a Driver’s licence. Any material change in Hirer or Driver details may result in the hire not
proceeding but this will be treated as cancellation by the Hirer with no refund available. . In addition, the Hirer will indemnify Vanilla Splits
for all damages, including but not limited to repair costs, third part damages and consequential losses arising from an accident where the vehicle is
being driven by someone other than the Drivers.
7. Vehicle Damage – Insurance Cover
The Hirer agrees that:
a) The Vehicle is insured for damage to the Vehicle and the property of a third party
b) The Hirer will have to pay an excess in the event of any claim. The insurance excess is normally £750.00 unless agreed
otherwise in writing.
c) The Living Equipment and other items as specified in the Vehicle Handbook are not covered by the Insurance and any
damage will incur costs in addition to the Excess.
d) Vanilla Splits have recommended that independent travel insurance is taken out by the hirer to cover items not part of the
Insurance, last minute cancellations etc.
8. Security Deposit
a) Prior to handover of the Vehicle, the Hirer agrees to pay the Security Deposit
b) The Hirer irrevocably authorises Vanilla Splits to deduct from the Security Deposit any amounts due to Vanilla Splits arising
out of this Agreement.
c) Provided the Vehicle is returned without need for any deduction the Security Deposit will be refunded by cheque sent by
post within 7 working days. Vanilla Splits reserves the right to make deductions from the Security Deposit in accordance with
section 3.3 of this agreement. In this event the balance of the Security Deposit less the costs of damage and shortages will be
refunded by cheque once all the costs are known.
9. Driving Restrictions
a) The Vehicle may only be driven on sealed/bitumen roads.
b) The Vehicle may not be driven at speeds above 55mph, or less if specified in the Vehicle Handbook.
c) The Hirer acknowledges that Vanilla Splits reserves the right at any time, at its sole discretion, to restrict Vehicle movement in
certain areas due to adverse road or weather conditions or any other reasonable cause.
10. Use of the Vehicle
The Hirer agrees that during the rental period the Vehicle will not be:
a) driven other than in a cautious, prudent and normal manner in accordance with relevant laws
b) used in a manner which could cause harm
c) driven in a prohibited area or in an area other than the areas previously indicated to Vanilla Splits
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d) driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
e) left with the ignition key in the Vehicle while unoccupied
f) left unoccupied without both the steering wheel security lock applied and the navigation system stored out of sight.
g) driven by any person who is not shown as a Driver/Hirer on the Vehicle Rental Agreement. Should Vanilla Splits find that this
has occurred, they will make a deduction of £250 from the Security Deposit for each and every unauthorised driver.
h) damaged by: submersion; contact with salt water; used for any illegal purpose; used for any race, rally contest; used to tow
any vehicle or trailer (unless agreed in writing with Vanilla Splits); used to carry passengers or property for hire or reward; used
to carry more persons than permitted by any relevant authority or detailed in the Vehicle manual or on the Vehicle or specified
in this Agreement; used to carry volatile liquids, gases, explosives or other corrosive or inflammable material; otherwise used in
breach of my obligations under this Agreement
The Hirer acknowledges that, in accordance with the relevant legislation, the Driver of the vehicle is responsible for the safety of any
children using baby or child seats. The supply and fitting of any such equipment is the sole responsibility of the Hirer and Vanilla
Splits can accept no liability whatsoever for defective child or baby seats or the incorrect fitting of the same by the Hirer.
11. Alterations to the Vehicle
The Hirer shall not make any alterations or additions to the Vehicle without the prior written consent of Vanilla Splits.
The Hirer will not allow any animals to be carried in the Vehicle unless agreed in writing by Vanilla Splits before travel. The Hirer
acknowledges that any damage, repair costs or extra valeting costs incurred from a pet being in the Vehicle must be paid for in full.
13.1 The Hirer shall take reasonable steps to properly maintain the Vehicle, including oil checks and batteries. The Hirer
acknowledges that Vanilla Splits will reimburse expenditure up to £40.00 reasonably incurred in rectifying any mechanical failure to
the drive train and engine of the Vehicle (not including the water system, refrigerator, heating, audio and DVD equipment) provided
a) Work has been undertaken with the prior consent of Vanilla Splits;
b) Any claim is accompanied by the relevant receipts; and
c) The damage is not due to any fault or breach of this Agreement by the Hirer.
13.2 The Hirer agrees that the tyres on the Vehicle are visibly sound and within legal limits. Any damage or repair to tyres is the
responsibility of the Hirer, unless it can be shown that damage is due to invisible defects in the manufacture of the tyre which are
covered by a manufacturer’s warranty, in which case Vanilla Splits may reimburse the Hirer. For any reimbursement the Hirer must:
a) Return the defective tyre to Vanilla Splits for inspection and return;
b) Produce appropriate receipts; and
c) Accept the decision of the manufacturer as to whether reimbursement is made.
13.3 The Hirer will be liable for any costs associated with the use of incorrect fuel
14. Responsibility should an accident occur
In the event of any accident, loss or damage arising out of the use of the Vehicle, the Hirer will:
a) notify Vanilla Splits within 24hrs of the event
b) Obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station;
c) Complete an accident report form as supplied;
d) Not make any admission of liability to other parties, settlement offer or other like offer;
e) Assist Vanilla Splits in handling any claim arising from any event, including providing all relevant information and attending
Court to give evidence if requested.
The Hirer acknowledges that the excess or other amount due in respect of any damage arising from an accident, loss or damage is
payable at the time of reporting the event and not at the completion of the rental period.
The Hirer agrees to pay for any costs relating to the delivery of a change over Vehicle as a result of an accident regardless of which
party is at fault.
15. Terminating the Agreement
The Hirer acknowledges that if:
a) The Hirer is in breach of any term of this Agreement, or
b) The Vehicle has been obtained through fraud or misrepresentation; or
c) The Vehicle appears to be abandoned; or
d) The Vehicle is not returned on the agreed return date or Vanilla Splits reasonably believes that the Vehicle will not be returned
on the agreed date; or
e) Vanilla Splits considers, on reasonable grounds, that the safety of passengers or the condition of the Vehicle is endangered;
then Vanilla Splits may terminate this Agreement and repossess the Vehicle at any time, without notification to the Hirer, and that the
Hirer will pay the reasonable costs of repossessing the Vehicle, including towing charges. The Hirer also agrees that in the event of
such termination or repossession, there is no right to a refund of any part of the rental charges or of the Security Deposit.
16. Change of Vehicle
If the Vehicle booked by the Hirer should not be available at the time of hand over, Vanilla Splits reserves the right to substitute a
comparable or superior Vehicle for the Vehicle booked. In that event, the Hirer shall not be liable for any increased rental or other
charges save for any additional running costs pertaining to the substitute Vehicle. Such substitution shall not entitle the Hirer to any
refund and does not constitute a breach of this Agreement.
17. Release and Indemnity of Vanilla Splits
Subject to its obligation to hand over the Vehicle or an appropriate substitute Vehicle, the Hirer releases Vanilla Splits, its employees
and agents, from any liability for any loss or damage incurred by the Hirer by reason of this Agreement, including but not limited to:
a) Any loss or damage caused by breakdown, mechanical defect or the Vehicle being unsuitable for any purpose;
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b) Any loss or damage to any property left in or on the Vehicle, in any service vehicle or on any Vanilla Splits premises or
recovered or handled by Vanilla Splits.
Subject to any insurance arrangements agreed with Vanilla Splits, the Hirer hereby indemnifies and shall keep indemnified Vanilla
Splits, its employees and agents against any claims, demands and expenses (including legal costs) incurred or sustained by them or
any of them by reason of the Hirers use and/or possession of the Vehicle.
Vanilla Splits will hand over the vehicle in good mechanical condition but the Hirer must be aware that the Vehicle is not modern and
therefore cannot be as reliable as a newer vehicle. The Vehicle is covered with AA Home Relay providing roadside repair or
recovery and transport of vehicle and occupants to a UK address. In the event of a breakdown:
a) If appropriate Vanilla Splits may take reasonable steps to replace the Vehicle at its location, but this is not guaranteed
b) The liability of Vanilla Splits is limited to the cost of returning the vehicle and the Hirer to the point of hire.
c) The Hirer expressly releases Vanilla Splits from any liability for consequential losses arising from a breakdown, and is
strongly advised to take out independent travel insurance to cover costs and possible compensation arising. Examples of
consequential losses are accommodation costs and the cost of missed events.
19. Title to Vehicle
The Hirer acknowledges that Vanilla Splits retains title to the Vehicle and that the Hirer possesses the goods as a mere bailee only.
The Hirer does not have any right to pledge Vanilla Splits credit in connection with the Vehicle and agrees not to do so, and shall not
agree, attempt, offer or purport to sell, assign, sublet, lend, pledge, mortgage, let on hire, or otherwise part with or attempt to part
with the personal possession of or otherwise deal with the Vehicle.
a) Purchase. A member of the general public may purchase a Voucher from Vanilla Splits. The monetary value of the Voucher
may be used by a Hirer as a payment for any fees but not for any part of the Security Deposit.
b) Value. A Voucher may be for a monetary amount (e.g. £200) or for the hire of a specified Vehicle for a specified period:
i) Where the Voucher is for a monetary amount:
a) The Voucher can be used in more than one hire transaction.
b) The value of the Voucher will be the original monetary amount, less any hire fees already deducted.
ii) Where the Voucher is for a specified Vehicle for a specified period:
a) The Voucher can only be used for one hire transaction.
b) The monetary value of the voucher will be equal to the current price of the hire for the specified Vehicle and the
c) The Voucher can be used for payment towards a hire for a different Vehicle and/or period, subject to availability.
Where the monetary value of the voucher is less than or equal to the hire fee, the Voucher can be used in settlement
but the Voucher will have no residual value. Where the monetary value of the Voucher is less than the hire fee, the
balance will have to be paid in the usual way.
c) Refunds. When purchasing a voucher, we offer the purchaser protection under the provisions of the Consumer Protection
(Distance Selling) Regulations 2000. We exceed the minimum statutory obligations, and can offer a full refund, less an admin
fee of £25 for producing the card and voucher, under the following terms:
i) The Voucher has not been used in any transaction.
ii) The refund is requested and the Voucher returned to us within 14 days of the purchase date.
iii) The request to refund is in writing i.e. by post or email; telephone requests are not acceptable.
iv) The refund will be made to the original purchaser only by cheque sent in the post.
v) We cannot offer any refund if more than 14 days have passed since the purchase date.
d) Expiry. A Voucher can only be used for payment of hire fees until its expiry date, which is initially two years after the purchase
date. However, after two years the expiry date can be extended once for one year for a fee of £50, but this will not make the
Voucher eligible for refund. The Voucher must be used for payment prior to the expiry date, although the hire may commence
after the expiry date.
21. Delivery and Collection Service
Vanilla Splits offer a collection and delivery service whereby a vehicle can be delivered to a Hirer designated address and/or
collected from a Hirer designated address as part of the overall hire. Whilst the general terms and conditions apply, the following
additional terms apply if this service is used:
a) The Security Deposit must be paid over the phone at least 24 hours before the hire is due to commence.
b) Handover and Return
i. The documents specified in 2.1.c above must either be scanned and emailed or photocopied and posted to arrive at
our offices 7 days before the hire commences.
ii. Whilst the handover and return may not take place on the premises, the hire commences when the Vehicle leaves our
premises and terminates when the vehicle is returned to our premises.
iii. The Vehicle will leave our premises with a full fuel tank. On return, the fuel tank will be refilled and the fuel cost
charged to the Hirer.
iv. The mileage commences when the Vehicle leaves our premises, and ends when the Vehicle is returned, so delivery
and collection mileages are part of the Included Mileage and additional to the mileage undertaken by the Hirer.
v. Following any delivery to the customer, the handover procedure will take place. Originals of the documents described
in (i) above must be shown. The condition of the vehicle at the time of handover, which may reflect the effects of the
delivery journey, will be agreed. Similarly, prior to any collection from the Hirer, the return procedure will take place
and the condition of the vehicle at the time of return will be agreed.
i. Prior to the hire, the fee for the service will be agreed, subject to the delivery and collection locations and times being
specified. Should these be changed, whether by the Hirer or caused though delays or other factors, Vanilla Splits
reserves the right to charge additional fees that are appropriate to the changes.
ii. Delivery and Collection Service fees will be payable in addition to the other hire fees, and such payment subject to the
22. The Hirer and any driver agree that all information submitted, may be shared with third parties, including other hire companies and vehicle providers in the event of the Lessor suffering unrecoverable loss or fraud. Such information will be used to help prevent fraud and other criminal activities
23. By submitting any material, being pictures, video, written statements or any other matter, to Vanilla Splits I am stating my acceptance of the following terms:
• I confirm that I am the owner of the copyright to the material and indemnify Vanilla Splits against any breach of copyright made by a third party.
• I grant Vanilla Splits permission to use this material in any and all of its publications, including website entries, without payment or any other consideration. I waive any right to royalties or other compensation arising or related to the use of the material.
• I further hold harmless and release and forever discharge Vanilla Splits from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
Vanilla Splits Terms and Conditions of Hire – Revision 3.13 05/13