Terms and Conditions
1.1 The terms and conditions set out herein shall
apply between the Company, as defined above, and the party to whom the
provisioning of services applies ("the Customer") and shall apply to
the provision of any and all passenger carriage, courier or delivery services
("the Services") undertaken by the Company for the Customer during
the continuance of this Agreement and any and all other terms, warranties and /
or conditions implied by statute and / or common law and hereby expressly
excluded to the fullest extent permitted by law.
we do our utmost to ensure the driver(s) are punctual, you will understand that
we cannot accept responsibility for delays caused by circumstances out of our
control, every effort will be made by ‘The Company’ to ensure that the
vehicle(s) arrive on time, we will not issue any discount where the vehicle is
less than 2 hours late. Over 2 hours at our discretion.
vehicle has been issued with a parking fine due to the loading or unloading of
goods the customer will be held responsible and this will be charged separately.
driver(s) will drive at safe and sensible speeds in accordance with road
conditions, traffic, the legal speed limits and breaks in accordance with safety.
reserve the right to provide vendor vehicles where necessary.
supplying your email address you permit ‘The Company’ to contact you via email,
in return we promise never to pass your email address to any third party.. You will have the option to opt-out after the first
supplying your mobile / cell number you permit ‘The Company’ to contact you via
SMS text message, in return we promise never to pass your mobile / cell number
address to any third party. You will have the option to opt-out after the first
it is the customers responsibility to check the
booking confirmation email to ensure that all details, including any extras
such as stairs, congestion charge etc have been
listed separately and payment has been taken. Please see point 4.7 below.
are any changes or variations including time or extra mileage other than was agreed at
the time of booking, the client will be charged extra in accordance with the
reserve the right to change your vehicle at any time if necessary.
vehicle will travel by the most appropriate route on the day, unless instructed
otherwise by the Customer at the time of booking.
Company’ will keep a record of lost property, and will endeavour to return any
lost goods left in a vehicle to the customer.
Company’ its vendors and their drivers have the right to refuse to carry
any passenger who is thought to be under the influence of alcohol or drugs and
whose behaviour poses a threat either to the driver, the vehicle or any other
Company’ maintains a strict non-smoking policy in all its vehicles.
contained in these terms and conditions can affect the Customer’ s statutory
2. INVOICE LIMITATIONS
Corporate account Customers may be subject to a set
limit on the total amount which may be outstanding as unpaid on such account at
any one time. The company may in its discretion refuse to provide the Services
in the event of this limit being exceeded. All corporate accounts are invoiced.
3. SECURITY ACCOUNT NUMBER
The customer will be issued with a security account
number which must be quoted on all bookings. Notwithstanding the aforesaid, the
Company does not accept any responsibility whatsoever when security account
numbers are used by unauthorised personnel and / or for unauthorised purposes.
4. PAYMENT AND DEPOSITS
4.1 It is a condition of this agreement that
corporate invoices shall be paid in full within 14 days of issue thereof. If
any invoices remain unpaid on or after 14 days such outstanding invoices shall
immediately become due and payable to avoid interruption of services.
4.2 Without prejudice to the Company's rights hereunder all monies due to the
company in respect of provision of the Services which are not paid by the due
date for payment shall bear interest on the balance of such monies due from
time to time at the rate of 8% plus the Bank of England’s base rate until
payment is received by the Company in respect thereof. We will charge £40 for outstanding debts
under £1,000, plus our reasonable recovery costs.
4.3 The Customer shall not be entitled for any reason to withhold payment of
monies due to the Company and in particular shall not be entitled to do so in
circumstances where the Customer is in dispute with the Company and / or claims
money or compensation from the Company in respect of the Services.
4.4 All prices are not liable for VAT.
4.5 Credit card payment terms are strictly 72 hours prior to departure.
4.6 Your booking may be subject to additional mileage, VIA, and parking
charges, where these have not been taken at the time of booking. The company
retains the right to automatically charge debit and credit cards to collect
extra payments as listed above after the job is completed. Payment for any extras must be received
within 14 days of the date of the invoice or provision of the service (if this
is later). We will charge £40 for outstanding debts under £1,000 plus simple
interest (calculated as equal to the sum of the Bank of England reference rate
plus at least eight percentage points), plus our reasonable recovery costs.
4.7 The charges payable by the Customer for the Services shall be at the rate
specified in the Company's schedule of charges as in force at time of
5. CANCELLATION AND REFUND POLICY
5.1.1 If a booking is cancelled by the Customer
after the vehicle has been despatched;
The hours that the vehicle has been booked out for will be charged, all
other monies will be refunded with the exception of congestion charges if they
· 5.1.2 If the customer does not appear at the time and place designated as the
pick-up point, all monies paid will be non-refundable and / or full invoice
amount will be billed.
5.1.3 If the booking is made as cash payment and the above apply, an electronic
invoice will be sent by email to be paid online, if this is not paid then we
shall pursue this through the courts including any costs incurred.
5.1.4 Complaints are handled by customer services and you should expect a
response within 7 days from the date we have received your email. This allows
us to fully investigate the issue.
5.1.5 Bookings where the time booked is over 2 hours will be charged accordingly; Less than 96 hours notice - no refund. 96.01 to 168 hours notice 50% refund.
5.1.6 Corporate account bookings - no refund on any booking.
5.1.7 Refunds are actioned by our accounts department and these are normally issued within 10 working days of dispute resolution.
The Company does not have insurance for goods or
property (of whatsoever nature) in transit (in transit for other purposes of
this clause being from the time the goods or property are collected by the
Company up to and including delivery thereof), and the Customer is advised to
effect such insurance as the Customer deems necessary for the carriage of goods
and / or property by the Company.
7. ALTERATIONS TO THE TERMS AND CONDITIONS
The Company reserves the right to alter or vary
these terms and conditions at its absolute discretion upon giving reasonable
notice to the Customer and without prejudice. No representations made or
variations in or additions to these terms and conditions or warranty given by
any person acting or purporting to act on behalf of the Company shall have any
force or effect whatsoever unless confirmed in writing by an authorised
representative of the Company.
8. LIMITATIONS AND EXCLUSIONS
8.1 The Company shall not undertake the carriage or
8.1.1 money or securities (whether cash, cheques, bankers drafts, bonds, share
certificates or in any other form), antiques, precious metals, furs, or
jewellery (in any form whatsoever) of whatever amount or value.
8.1.2 any goods or property (of whatsoever nature) of an intrinsic value of
more than £150
8.1.3 any goods or property of a hazardous, dangerous, inflammable, explosive
or noxious nature, or are illegal to possess under existing English Law, and /
8.1.4 any goods or property (of whatsoever nature) which may deteriorate in
transit. UNLESS the Customer has prior to the commencement of the Service in
respect of such goods or property expressly notified the Company as to the
nature and value of the same and a Director of the Company has expressly agreed
in writing that the Company shall carry and deliver the same on such terms and
conditions as the Company may reasonably require AND in the event that the
Company undertakes the Service in respect of such goods or property without
first having expressly agreed to do so as aforesaid, the Company shall have no
liability whatsoever for loss or damage to the same however arising.
8.2 The Company shall be entitled to destroy or dispose of goods or property
referred to in clauses 8.1.3 and 8.1.4 in such manner as the Company thinks fit
if in the Company's opinion it is proper to do so and the Company shall account
to the Customer for money it receives (if any) on such destruction or disposal
in excess of the costs incurred by the Company in so disposing of or destroying
the goods or property.
8.3 Without prejudice to the provisions of clause 8.1 the Company shall not in
any event be liable directly or indirectly for:-
8.3.1 consequential loss (whether for loss or profit or otherwise) and / or
8.3.2 loss, damage and / or breakage to china, glass ceramics or other
breakables whether arising from the acts, omissions or negligence of the
Company and / or its employees and / or agents or arising otherwise howsoever.
8.4 Without prejudice to the generality of clauses 8.1 and 8.3 in particular
the Company shall not be liable for any loss and / or damage arising directly
or indirectly from:-
8.4.1 breakdown, accident, adverse weather conditions.
8.4.2 any act or omission on the part of the Customer.
8.4.3 any clause, act or circumstance beyond the control of the Company
(including, without limitation, any strike, (official or not) lock-out or other
form of industrial action or labour dispute, governmental regulations, legal
restrictions, embargoes, fire, flood, Act of God, any consequence of riot, war,
invasion, act of foreign enemy, hostilities (whether war be declared or not)
civil war, acts of terrorism, rebellion, military or usurped power,
confiscation, requisition or destruction of or damage to property by or upon
the order of or in the name of any Government or public local authority).
8.4.4 inadequate or inappropriate packaging of goods, or incorrect or
inadequate labelling or instructions received from the customer and / or
8.4.5 the Company being prevented or hindered from delivering the goods or
8.5 Without prejudice to the generality and effect of the foregoing provisions
of this clause 8 the liability of the Company for each delivery or courier
service undertaken by the Company howsoever arising and whether direct or
indirect and including but not limited to liability arising from the acts,
omissions or negligence of the Company and / or its employees and / or agents
or arising otherwise howsoever shall in any event be limited to the lesser of:-
8.5.1 £150 or
8.5.2 the intrinsic value of the goods or property comprised in such delivery
or courier service
8.6 The provision of clauses 8.3, 8.4, 8.5 and 10.1 apply to liability for loss
or damage to goods or property and do not apply to liability for death or
9.1 The Company shall use reasonable measures to
deliver the Customer and the Customer's goods or property on time, however the
time for delivery shall not in any event be of the essence and the Company
makes no warranty that the Customer or Customer's goods or property shall be
delivered within the Customers stipulated time period (if any) and / or within
any time period stated by the Company unless expressly agreed in writing by a
Director of a Company.
9.2 In the event that the Company is unable (for whatever reason) to deliver
the Customer or the Customer's goods or property then the Company reserves the
right to charge the Customer for any and all costs and expenses incurred in
doing so and / or for any costs or storage of the goods or property.
9.3 In the event that we cannot make delivery and / or collection we will not
accept any charges incurred by the Customer in relation to an alternative
provider or service.
10.1 Without prejudice to the foregoing provisions
of this Agreement the Company shall not in any event be liable for any loss and
/ or damage howsoever arising including but not limited to liability arising
from the acts, omissions or negligence of the Company and / or its employees
and / or agents and arising otherwise howsoever unless the Customer has
notified the Company (with reasonable particularity) as to the nature and
extent of such loss or damage within 48 hours of the date upon which the same
occurred. This must be accompanied by before and after photographic evidence.
11.1 Without prejudice to the Company's rights
hereunder or arising otherwise howsoever, the Company reserves the right to
exercise a lien over the Customer's goods and / or property pending payment in
full or outstanding invoices.
12.1 This Agreement may be terminated by either
party by giving one month’s notice in writing.
12.2 In the event of the Customer being in breach of any of the terms and / or
conditions of this Agreement the Company shall have the right (without
prejudice to any other rights it may have) to terminate this Agreement or
suspend provision of the Services, or suspend the Customer's account facility,
forthwith and without notice.
13. RESOLUTION of DISPUTES and GOVERNING LAW
13.1 The parties hereto submit to the exclusive
jurisdiction of the Courts of England and Wales.
14. ENTIRE AGREEMENT
14.1 This Agreement contains all the terms agreed
by the parties regarding the subject matter hereof and supersedes any prior
agreements, understandings or arrangements between them, whether oral or in
writing, and no representation undertaking or promise shall be taken to have
been given or be implied from anything said or written prior to this Agreement
except as expressly set out in this Agreement.
15.1 Any notice to be given by any party to the
other under this Agreement shall be sufficiently served if left at, or sent by
prepaid registered post or recorded delivery service or telefax or telex to the
party to be served at. Its address as set out in this Agreement or such other
address as it may notify for such purpose and shall be deemed to have been
served when so left or sent by telefax or telex or in the case of posting 24
hours after the same was posted. In proving service by post it shall only be
necessary to prove that the communication was contained in an envelope which
was duly posted in accordance with this clause.
16.1 No forbearance, indulgence or failure by the
Company to enforce or to exercise, at any time or for any period of time, any
term of or any right arising pursuant to this Agreement shall constitute, and
shall not be construed as, a waiver of such term or right and shall in no way
affect the Company's right later to enforce or exercise it.
17.1 The invalidity or
unenforceability of any term of or any right arising pursuant to this Agreement
shall not in any way affect the remaining terms or rights