1.1 These terms and conditions apply to all booking made with Chauffeurs Online Limited (‘Us/We’) and the party whose name and address is set out in the Booking Form ("the Customer") and shall apply to the provision of any private hire, carriage or courier services ("the Services") provided by Us to the Customer. All other terms, warranties and/or conditions implied by statute and/or common law are hereby expressly excluded to the fullest extent permitted by law.
2.1 The charges payable by the Customer for the Services ("the Charges") shall be at the rate specified in the Company's schedule of charges as in force, a current copy of which are set out on our website: www.chauffeursonline.net/tarrif.
2.2 A charge of 5% of the total sums due to Us will be added to the invoice for payments by all credit card.
2.3. All International Bank Account transfers are to be paid in sterling and all bank charges are to be paid by the Customer.
2.4. If the Customer wishes to pay a service charge/ gratuity for the driver this will be added to the invoices at the request of the Customer.
3. PAYMENT FOR SERVICES
3.1 It is a condition of this agreement that invoices shall be paid in full within 14 days of issue. Should any invoice not be paid within 14 days any outstanding invoices shall immediately become due and payable.
3.2 Prices quoted are for the destination agreed by the parties at the time of the booking any changes to the destination or additional stops are chargeable at the prevailing rate.
3.3 Waiting time at the airport will be chargeable at the pro rata of the hourly rate for the car booked at the prevailing rate after first 45 minutes from the time of flight landing.
3.4 All parking charges related to the Customers jounery are payable by the Customer.
3.5 Without prejudice to our rights hereunder all monies due to the Us 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 3% per month until payment is received by the Us in respect thereof.
3.6 The Customer shall not be entitled for any reason to withhold or set off payment of monies due to the Us.
4.1 If a booking is cancelled by the Customer giving more than 24 hours notice from the start of the period of hire, a cancellation fee of £10 is payable by the Customer.
4.2 If a booking is cancelled by the Customer within 24 hours from the start of the period of hire then the following charges apply;
4.2.1 Notice of between 12 to 24 hours - 50% of the fare
4.2.2 Notice of between 6 to 12 hours - 75% of fare.
4.2.3 Notice of less than 6 hours - 100% of the fare.
4.3 If the Customer does not appear at the time and place designated as the pickup point, the full fare shall be a payable and any additional waiting time.
5. ACCOUNT CUSTOMERS
5.1 Where We agree to open an account for Customer we may set a limit on the total amount which may be outstanding as unpaid on such account at any one time. We may in our absolute discretion refuse to provide the Services in the event of this limit being exceeded.
5.2 Where We open an account for the Customer We shall issue the Customer 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.
6.1 We do 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 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 Us.
7. LIMITATIONS AND EXCLUSIONS
7.1 We do not undertake the carriage or delivery of:-
7.1.1 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.
7.1.2 any goods or property (of whatsoever nature) of an intrinsic value of more than £100
7.1.3 any goods or property of a hazardous, dangerous, inflammable, explosive or noxious nature, or are illegal to possess under existing English Law, and/or
7.1.4 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 Us as to the nature and value of the same and our Director has expressly agreed in writing that We shall carry and deliver the same on such terms and conditions as We may reasonably require AND in the event that We undertakes the Service in respect of such goods or property without first having expressly agreed to do so as aforesaid, We shall have no liability whatsoever for loss or damage to the same however arising.
7.2 We shall be entitled to destroy or dispose of goods or property referred to in clauses 7.1.3 and 7.1.4 in such manner as We think fit if in Our opinion it is proper to do so and We shall account to the Customer for money it receives (if any) on such destruction or disposal in excess of the costs incurred by Us in so disposing of or destroying the goods or property.
7.3 Without prejudice to the provisions of clause 7.1 We shall not in any event be liable directly or indirectly for:-
7.3.1 consequential loss (whether for loss or profit or otherwise) and/or
7.3.2 loss, damage and/or breakage to china, glass ceramics or other breakables whether arising from the our acts, omissions or negligence and/or our employees and/or agents or arising otherwise howsoever.
7.4 Without prejudice to the generality of clauses 8.1 and 8.3 in particular the We shall not be liable for any loss and/or damage arising directly or indirectly from:-
7.4.1 breakdown, accident, adverse weather conditions or adverse traffic conditions.
7.4.2 any act or omission on the part of the Customer.
7.4.3 any act or circumstance beyond Our control 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.
7.4.4 inadequate or inappropriate packaging of goods, or incorrect or inadequate labelling or instructions received from the Customer and/or
7.4.5 We are prevented or hindered from delivering the goods or property howsoever.
7.5 Without prejudice to the generality and effect of the foregoing provisions of this clause 8 Our liability for each delivery or courier service undertaken by Us howsoever arising and whether direct or indirect and including but not limited to liability arising from the acts, omissions or negligence by Us and/or our employees and/or agents or arising otherwise howsoever shall in any event be limited to the lesser of:-
7.5.1 £150 or
7.5.2 the intrinsic value of the goods or property comprised in such delivery or courier service
7.6 The provision of clauses 7.3, 7.4, 7.5 and 9.1 apply to liability for loss or damage to goods or property and do not apply to liability for death or personal injury.
8.1 We shall use reasonable endeavours to deliver the Customer and the Customer's goods or property on time, however time for delivery shall not in any event be of the essence and We shall 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 Us unless expressly agreed in writing by Our Director.
8.2 In the event that We are unable for whatever reason to deliver the Customer or the Customer's goods or property then We 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.
9.1 Without prejudice to the foregoing provisions but always subject to the limitation of liability set out in this Agreement We shall not in any event be liable for any loss and/or damage howsoever arising including but not limited to liability arising from Our acts, omissions or negligence and/or of our employees and/or agents and arising otherwise howsoever unless the Customer has notified Us (with reasonable particularity) as to the nature and extent of such loss or damage within 15 working days of the date upon which the same occurred.
10.1 Without prejudice to the Our rights hereunder or arising otherwise howsoever, We reserve the right to exercise a lien over the Customer's goods and/or property pending payment in full or outstanding invoices.
11. VARIATIONS OF THE TERMS AND CONDITIONS
11.1 We reserve the right to alter or vary these terms and conditions at our absolute discretion by publication on our website www.chauffeursonline.net, which shall be deemed to be notice to the Customer and without prejudice to the generality or the aforesaid the We reserve the right to change the Charges by publication on the aforesaid website. 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 Our behalf shall have any force or effect whatsoever unless confirmed in writing by Director.
12.1 This Agreement may be terminated by either party by one months notice in writing to the other.
12.2 In the event of the Customer being in breach of any of the terms and/or conditions of this Agreement We 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 This agreement is made under English law and the parties hereto submit to the exclusive jurisdiction of the Courts of England.
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 to the party to be served at its address as set out in this Account or Booking Form whichever is appropriate or such other address as We or the Customer may notify the other for such purpose and shall be deemed to have been served when so left or in the case of posting 24 hours after the same was posted.
16.1 No forbearance, indulgence or failure by Us 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 Our 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.
18. PROTECTING YOUR SECURITY
18.1 The Customer agrees that we may Personal Data as defined in the Data Protection Act 1998 or any similar subsequent legislation and other information provided by Customer in order to provide the Services to you and to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information