Agreed terms
1. Interpretation
1.1. Definitions:
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Charges: the charges payable by the Customer for the supply of the Services by the Supplier.
Conditions: these terms and conditions set out in clause 1 (Interpretation) to clause 9 (General) (inclusive).
Contract: the contract between the Customer and the Supplier for the supply of the Services.
Services: the services to be provided by the Supplier pursuant to the Contract
Services Date: the day or days on which the Supplier is to provide of the Services, as agreed at the time of the Customer booking.
1.2. Interpretation:
(a) A reference to legislation or a legislative provision:
(i) is a reference to it as it is in force as at the date of this agreement; and
(ii) shall include all subordinate legislation made as at the date of this agreement under that legislation or legislative provision.
(b) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written includes email.
2. Commencement and term
The Contract shall commence upon acceptance by the Supplier of the Customer booking in writing. No contract shall come into force and the Supplier shall not be obliged to provide the Services until the Supplier has confirmed the Customer booking.
3. Supply of services
3.1. The Supplier shall supply the Services to the Customer from the Services Start Date in accordance with the Contract. The Customer accepts these terms & conditions by placing a reservation, booking with the Supplier by any means, whether directly with the Supplier or through a third party intermediary.
3.2. In supplying the Services, the Supplier shall:
(a) perform the Services with reasonable care and skill;
(b) use reasonable endeavours to perform the Services in accordance with the services agreed at the time of booking.
3.3. The Customer acknowledges and accepts that the Supplier is not responsible or liable for any failure to provide the Services where the Services are unable to be performed, or performance is delayed as a result of traffic accidents, traffic hold ups, traffic congestion, Vehicle breakdown that occur during the provision of the Services.
3.4. The Supplier shall not be liable or loss or damage to luggage. The Customer shall loaded/unloaded luggage into the vehicle at all times, if accompanying the luggage on the journey. The Supplier has the right to refuse any passenger or to make the journey due to the passenger having excess luggage which would result in the vehicle being unsafe whilst in motion.
3.5. The Customer acknowledges and accepts that all vehicles are no smoking vehicles.
4. Customer's obligations
4.1. The Customer shall:
(a) co-operate with the Supplier in all matters relating to the Services;
(b) be responsible for ensuring that any Services are booked taking into account any check in times stipulated by other travel suppliers, or guidelines stipulated in relation to any events;
(c) be ready to travel at the time stated for the provision of the Services. The Supplier may raise, and the Customer shall pay additional charges for each additional wait of 15 minutes (or part thereof) at the rates set out on the Suppliers website which the Customer has read and understood.
(d) Book a class and size of vehicle appropriate to the their travelling party and luggage requirements. Any suggestion of passenger and luggage capacity provided by the Supplier shall be in good faith but is indicative only,
(e) Notify the Supplier of any special requirements, including oversized luggage,
4.2. If the Supplier's performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, the Supplier shall:
(a) not be liable for any costs, charges or losses sustained or incurred by the Customer that arise directly or indirectly from such prevention or delay;
(b) be entitled to payment of the Charges or additional Charges despite any such prevention or delay; and
(c) be entitled to recover any additional costs, charges or losses the Supplier sustains or incurs that arise directly or indirectly from such prevention or delay.
5. Data protection
The parties shall comply with their data protection obligations as set out Data Protection Act 2018.
6. Charges and payment
6.1. In consideration for the provision of the Services, the Customer shall pay the Supplier the Charges in accordance with this clause
6. 6.2. All amounts payable by the Customer exclude amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to the Supplier at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice.
6.3. The Supplier shall submit invoices for the Charges plus VAT if applicable to the Customer on booking. Any agreed deposit paid to secure the Services shall be non-refundable and the Customer agrees that this is reasonable given the personal nature of the services and the reservation of the vehicle for a specific time and date.
6.4. The Customer shall pay each invoice due and submitted to it by the Supplier on arrival and any additional charges shall be payable prior to departure.
6.5. If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then, without limiting the Supplier's remedies under clause 9 (Termination):
(a) the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
(b) the Supplier may suspend all Services until payment has been made in full.
6.6. All amounts due under the Contract from the Customer to the Supplier shall be paid by in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6.7. Additional charges shall be payable by the Customer for payments by American Express and Debit card.
7. Limitation of liability
7.1. The Supplier has obtained insurance cover in respect of its consideration of what its liabilities may be in the performance of the Services. The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
7.2. References to liability in this clause 7 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
7.3. Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
7.4. Nothing in this clause 7 shall limit the Customer's payment obligations under the Contract.
7.5. Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
7.6. Subject to clause 7.3 (No limitation in respect of deliberate default), clause 7.4 (No limitation on customer's payment obligations), and clause 5 (Liabilities which cannot legally be limited), the Supplier's total liability to the Customer shall not exceed the amount paid or payable by the Customer for the Services.
7.7 Subject to clause 7.3 (No limitation in respect of deliberate default), clause 7.4 (No limitation on customer's payment obligations), and clause 7.5 (Liabilities which cannot legally be limited), this clause 7.7 sets out the types of loss that are wholly excluded:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) indirect or consequential loss.
8. Cancellation and Consumer Rights
8.1. All cancellations must be made via an email to which you will receive Cancellation email confirmation. If you do not receive an email from the Supplier confirming the cancellation the Supplier may not have received your original request to cancel the booking. In this circumstances please call the Supplier immediately.
8.2. Cancellations that are not informed of are deemed to be of the status ”NO SHOW” and will subject to a charge of 100%.
8.3. Cancellation’s informed between 12 to 0hrs prior to the time of booking for single or return transfer and under 24hrs for hourly bookings, the cancellation charge of 100% of is incurred on quoted fare. The Customer acknowledges that this is reasonable based on the limited opportunity for the Supplier to obtain a replacement booking in the limited time between cancellation and the original time for the performance of the Services.
8.4. If the Customer is a consumer in accordance with consumer protection legislation, any statutory rights which the Customer may have, which cannot be excluded or limited, will not be affected by these booking terms.
9. Termination
9.1. Without affecting any other right or remedy available to it, either party to the Contract may terminate it with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of the Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 5 days after being notified in writing to do so;
(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
(d) the other party's financial position deteriorates to such an extent that in the terminating party's reasonable opinion the other party's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
9.2. Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect if
(a) the Customer fails to pay any amount due under the Contract on the due date for payment;
(b) the Customer is in breach of clause 3.5; or
(c) the Customer misuses alcohol or illegal substances whilst using the Services.
9.3. On termination of the Contract for whatever reason:
(a) the Customer shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier may submit an invoice, which shall be payable immediately on receipt;
(b) any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or cancellation of the Contract shall remain in full force and effect; and
(c) termination or cancellation of the Contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or cancellation, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or cancellation.
10. General
10.1. Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
10.2. Assignment and other dealings.
(a) The Customer shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract without the Supplier's prior written consent.
(b) The Supplier may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under the Contract.
10.3. Confidentiality.
(a) Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 10.3.
(b) Each party may disclose the other party's confidential information: (i) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 10.3; and (ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
(c) Neither party shall use any other party's confidential information for any purpose other than to perform its obligations under the Contract.
10.4. Entire agreement.
(a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
10.5. Variation. No variation of the Contract or Services shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
10.6. Waiver.
(a) A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
(b) A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
10.7. Severance. If any provision or part-provision of the Contract 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 10.7 shall not affect the validity and enforceability of the rest of the Contract.
10.8. Notices.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be sent by email to the address specified in [SPECIFY RELEVANT DOCUMENT OR CLAUSE]].]
(b) Any notice or communication shall be deemed to have been received: if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 10.8 (b), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
(c) This clause 10.8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
10.9. Third party rights.
(a) Unless it expressly states otherwise,] the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
(b) The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
10.10. Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.
10.11. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.