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TERMS AND CONDITIONS
OF TRADING |
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1. DEFINITIONS
Cancellation Fee - means a fee charged by the Supplier for the
cancellation of the Service
Cancellation on Arrival fee - means a fee charged where a
Passenger is not ready for
by the Customer prior to the booked collection time and after
the Vehicle le has departed to
Luggage & Personal Items - means suitcases, trunks, bags or
other similar items used by a
Passenger to hold their personal possessions during the Service
and including all other
items (such as handbags, mobile phones, personal electronic
devices, sunglasses, cameras
and keys) brought by a Passenger into the Vehicle but not
otherwise contained within a
suitcase, trunk or bag
Passenger - means a person (including the Customer where
applicable) who the Supplier
agrees to transport from one place to another
Seizure or Forfeiture - means any detention of the Consignment,
or part thereof, by the
Police, HM Revenue & Customs, Border Agency or other statutory
or regulatory body
whether in the UK or overseas
Service -means the carriage of goods or passengers requested by
the Customer
Price List - means the list maintained by the Supplier of its
charges for the Service and any
ancillary charges quoted to the Customer or as published on the
Supplier's website prior to
or at the time of the booking
Temperature Sensitive Goods - means goods which are subject to
decay, deterioration or
damage if not held under refrigerated conditions
Vehicle - means the vehicle employed by the Supplier to perform
the Service
2. CARRIAGE OF PASSENGERS & LUGGAGE
2.1 Customer contracts as agent on behalf of any and all
Passengers
The Customer contracts for itself and as agent on behalf of any
and all Passengers.
2.2 Right of Driver to refuse carriage
The driver is responsible for the safety of the Vehicle and its
occupants. Any Passenger
whose conduct the driver reasonably believes to be threatening,
drunken and disorderly,
abusive, dangerous or in breach of any statutory regulation may
be removed from a Vehicle
or prevented from boarding. The Customer will be responsible for
the conduct of any
Passenger and shall indemnify the Supplier for any damage or
injury caused to the Vehicle
driver or any third party's property by the Customer or any
Passenger.
2.3 Passengers taken ill
The Customer will be responsible for the conduct of the
Passenger(s) and shall pay for any
loss and/or damage caused by the Passenger(s) to the Vehicle or
any other property,
including but not limited to cleaning costs following any
spillage or soiling of the Vehicle and
any loss of earnings suffered by the Supplier or any
sub-contractor or employee of the
Supplier due to the Vehicle being out of use during such c
leaning.
2.4 Loss of Passengers' Luggage
The Passenger(s) shall remain responsible at all times for their
Luggage & Personal Items
and shall ensure that all their Luggage & Personal Items are
loaded into the Vehicle prior to
commencement of the Service, and unloaded from the Vehicle upon
completion of the
Service. The Supplier accepts no responsibility for any loss of
/ damage to Luggage &
Personal Items or consequential losses arising as a result of
Luggage & Personal Items
which are not loaded onto or unloaded from the Vehicle.
2.5 Left Luggage
The only obligation of the Supplier in relation to any Luggage &
Personal Items or other
items left behind by Passenger(s) in the Vehicle upon completion
of the Service shall be to
inform the Customer that such Luggage & Personal Items or other
items have been found,
and when and where they can be collected from the Supplier.
2.6 Cancellation on Arrival
If the Service is cancelled upon arrival of the Vehicle to
collect the Passenger(s) a
Cancellation Fee will be payable by the Customer to the
Supplier.
2.7 Waiting time - General
The Passenger(s) and any Luggage or Personal Items shall be
ready for collection at the
time stipulated by the Customer when the booking is made.
However, the Supplier will allow
10 minutes for waiting or loading, when picking up Passenger(s).
In the event that all
booked Passengers have not boarded the vehicle within 10 minutes
the Supplier reserves
the right to charge the Customer for the total loading/waiting
time (for the avoidance of
doubt, including the first 10 minutes) in accordance with the
Price List. In any event the
Supplier reserves the right to terminate the Contract at any
time after the first 10 minutes
and, in addition to any charge for loading/waiting time, may
charge a termination fee in
accordance with the Price List for such termination.
2.8 Waiting time - Collections from Airports, Seaports and
International Train Terminals
In relation to collections of Passenger(s) from Airports,
Seaports or International Train
terminals the Supplier will allow 10 minutes (starting from the
last estimated arrival or
disembarkation time known to the Supplier for the relevant
aircraft train or ship) for waiting
and loading. Thereafter the Supplier reserves the right to
charge the Customer for the total
loading/waiting time (for the avoidance of doubt, including the
first 10 minutes) in
accordance with the Price List. In any event the Supplier
reserves the right to terminate the
Contract at any time after the first 10 minutes and, in addition
to any charge for
loading/waiting time, may charge a termination fee in accordance
with the Price List t for such
termination.
2.9 Minors
The Supplier will not carry any unaccompanied children less than
14 years of age.
2.10 Animals
The Supplier will not carry any animals except Guide Dogs by
accompanying registered blind
Passengers.
2.11 Seat belts/legal requirements/driver's hours
The Customer and its Passenger(s) shall not require the driver
of the Vehicle to break any
provisions of the Road Traffic Acts, or the rules contained in
the Transport Act 1968, as
amended; the AETR Agreement; or the EU Regulations (EC Reg.
561/2006, as amended)
relating to driver's maximum daily hours and rest periods.
The Passenger(s) shall comply with all applicable legislation
and regulations including the
requirement to wear seat-belts.
2.12 Missing flights/Delay
It is the responsibility of the Customer to ensure that
sufficient time is allowed for completion
of the Service. The Supplier gives any advice on journey times
in good faith but does not
guarantee the completion of any journey in any specific time and
will not be liable for any
direct or consequential loss, delay or inconvenience caused to
the Passenger(s) by the
actual journey time (including but not limited to flight and
hotel costs).
2.13 Route taken
Unless otherwise instructed by the Passenger before the
commencement of the Service,
routes travelled will (in accordance with road, traffic and
weather conditions) be at the
driver's discretion.
3. CARRIAGE OF GOODS
3.1 Customer status
The Customer warrants that he is either the owner of the
Consignment or is authorized by
such owner(s) to accept these Conditions on such owners' behalf.
3.2 Requirement that customers ensure all goods properly packed
for shipment (incl.
acknowledgement that goods will be multi-handled)
The Supplier does not offer or provide a packing or packaging
service. The Supplier shall be
under no obligation to accept, carry or deliver a Consignment
if, in the opinion of the
Supplier, it is insufficiently packaged for the intended
Service. The Customer acknowledges
that the Consignment may in the course of carriage have to be
handled on numerous
occasions and warrants that the packaging of the Consignment is
sufficient to withstand the
ordinary rigours of transit. The Customer shall pay special
attention to the packaging of
furniture, Electronic Equipment and any other equipment
sensitive to physical damage.
3.3 Customer to ensure correct size Vehicle is booked, taking
into account weight and
volume of Consignment
The Customer must, at the time of booking, specify the type and
size of Vehicle which he
requires to perform the Service. The Supplier shall not be
liable for any losses to the
Customer whether direct or consequential which may arise because
the Vehicle is not
capable of performing the Service due to the size, weight or
volume of the Consignment
exceeding the permitted load capacity of the Vehicle.
The Customer must, with reasonable accuracy, declare to the
Supplier at the time of
booking the weight, size and/or volume of the Consignment and
must specify whether an
additional operative and/or any equipment is required to lift or
move the Consignment or any
item within the Consignment.
If no such declaration is made the Customer warrants that the
Consignment, or any one
item within the Consignment, does not exceed 32 k g and is
capable of being moved by one
person.
3.4 Items have to be ready for driver
The Customer shall ensure that the Consignment is ready and
available at the collection
time agreed between the Customer and the Supplier at the time of
booking.
3.5 Waiting time
The Supplier will allow 10 minutes for loading, unloading or
waiting when picking up or
delivering any Consignment. Thereafter the Supplier reserves the
right to charge the
Customer for the total loading/waiting time (for the avoidance
of doubt, including the first 10
minutes) in accordance with the Price List.
3.6 Cancellation on arrival
In the event that the Consignment is not loaded to the Vehicle
within 10 minutes of the
agreed collection time the Supplier may refuse to accept the
Consignment and reserves the
right to charge a Cancellation on Arrival fee or may charge an
additional fee in accordance
with its Price List for the total period of waiting (for the
avoidance of doubt including the first
10 minutes).
3.7 Driver not authorised to accept otherwise excluded items
The Supplier's driver or other operative is not authorised by
the Supplier to vary, waive or
otherwise amend the terms of the Contract and is not authorised
to accept for carriage any
Excluded Goods or any item other than in accordance with these
Conditions.
3.8 Loading of Consignments
The Supplier's driver will perform a Health & Safety risk
assessment prior to loading any
Consignment into the Vehicle. Unless the Vehicle is fitted with
lifting equipment the
maximum weight of any one item within a Consignment is 32kg
where one driver is
employed for the Service. The Supplier's driver may refuse to
carry the Consignment if as a
result of his risk assessment he considers it unsafe to load and
the Supplier reserves the
right to cancel the booking, charge a Cancellation on Arrival
fee and re-book the Service
with the equipment required to move the Consignment safely. The
Supplier shall not be
liable for any losses to the Customer whether direct or
consequential which may arise as a
result of such cancellation.
Where a Consignment or any part of it exceeds 32 kg and the
Supplier is notified by the
Customer at the time of booking an additional operative and/or
any lifting equipment will be
provided (at a rate to be agreed between the Customer and
Supplier. In the absence of
agreement the Supplier s hall be under no obligation to supply
such operative or equipment).
3.9 Provision for treatment of an undeliverable Consignment
3.9.1 Where the Supplier is unable to effect delivery of all or
part of a Consignment as
requested by the Customer the Supplier shall (at the expense of
the Customer) return the
Consignment, or any undelivered part of a Consignment, to the
Supplier's nearest depot.
3.9.2 The Supplier will take all reasonable steps to notify the
Customer of an undelivered
Consignment (or part thereof) and obtain the Customer's further
instructions. An instruction
from the Customer to re-deliver the Consignment will incur a
further charge in accordance
with the Price List.
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3.10 Delay
The Supplier will use its best endeavours to complete the
Service in the shortest time
possible but does not guarantee delivery of any Consignment by
any specific time and will
not be liable for any direct or consequential loss caused to the
Customer or any other party
as a result of alleged delay in completion of the Service.
3.11 Lien & Power of Sale
The Supplier shall have:
3.11.1 a particular lien on the Consignment, and
3.11.2 a general lien against the Customer for any unpaid sums
due to the Supplier.
If such lien, whether particular or general, is not satisfied
within a reasonable time, the
Supplier may upon 21 days written notice to the Customer sell
the Consignment, or part
thereof, as agent for the Customer and apply the proceeds
towards any sums then due from
the Customer to the Supplier (including but not limited to the
expenses of the retention,
insurance and sale of the Consignment) and shall, upon
accounting to the Customer for any
balance remaining, be discharged from all liability whatsoever
in respect of the
Consignment.
3.12 Liability of the Supplier for loss, damage or misdelivery
3.12.1 The Supplier shall not in any circumstances be liable for
any loss, damage or
misdelivery of Excluded Goods. Excluded Goods may be accepted
for carriage but only at
the Customer's own risk. The Customer is strongly advised to
arrange full insurance in
respect of any loss or damage or misdelivery of Excluded Goods.
3.12.2 The Supplier shall not be liable for any mechanical,
electrical or electronic
breakdown or derangement to any machinery within a Consignment
or to Electronic
Equipment.
3.12.3 The Supplier shall not be liable for any loss or
misdelivery or damage to any
Consignment due to any cause which the Supplier was unable to
avoid or prevent by the
exercise of reasonable diligence.
3.12.4 The Supplier shall not be liable for any loss or
misdelivery or damage to any
Consignment resulting from Seizure or Forfeiture of the
Consignment.
3.12.5 The Supplier shall not be liable for any loss or
misdelivery or damage to any
Consignment due to any act, omission or misrepresentation by the
Customer and/or the
owner of the Consignment and/or the consignee.
3.12.6 The Supplier shall not be liable for any loss or
misdelivery or damage to any
Consignment due to insufficient or improper packing, labelling
or addressing
3.12.7 The Supplier shall not be liable for any loss or damage
to any Consignment due to its
inherent liability to natural deterioration or wastage and/or
inherent defect. The Supplier
does not provide refrigeration facilities and shall be under no
liability whatsoever for any
los s or damage to Temperature Sensitive Goods.
3.12.8 The Supplier s hall not be liable for any consequential
losses arising from loss,
misdelivery or damage to any Consignment.
3.12.9 Transit shall (unless otherwise agreed) end when the
Consignment is tendered at the
Consignee's address and the Supplier shall not in any
circumstances be liable for loss or
damage to the Consignment reported after transit is deemed to
have ended, whether or not
caused or contributed to by the Supplier.
3.12.10 Subject to the above sub-clauses 1 to 9 inclusive, the
Supplier's liability for loss of
or damage to any Consignment of which the weight has been
measured and recorded by
the Supplier shall not exceed a sum calculated at a rate of 13
British pounds per
kilogramme on the gross weight of the Consignment up to a
maximum of 100 British pounds
and the Supplier's liability in respect of any one Consignment
for loss of or damage to such
Consignment of which the weight has not been measured and
recorded by the Supplier
shall where it is carried by bicycle or motorbike not exceed 100
British pounds and in all
other cases not exceed 1,000 British pounds.
4. GENERAL CONDITIONS
4.1 General
The Supplier is not a common Supplier and only accepts
Passengers/ Consignments for
carriage upon these Conditions.
4.2 Commencement and end of Service - Supplier's Period of
Responsibility
The Service shall commence upon the arrival of the Vehicle for
collection of the
Consignment or Passenger(s) at the place of collection
designated by the Customer.
The Service shall terminate upon delivery of the Consignment or
Passengers at the agreed
place of delivery.
4.3 Right to sub-contract the Service
4.3.1 The Supplier may engage any agent or sub-contractor to
perform the Service and
shall provide the name of such agent or sub-contractor to the
Customer upon request.
Subject to paragraph 4.3.2, the Supplier contracts for itself
and on behalf of its agents and
sub-contractors.
4.3.2 The carriage of any Consignment by rail, sea, inland
waterway or air is arranged by
the Supplier as agent of the Customer and shall be subject to
the terms and conditions of
the relevant sub-contracted Supplier.
4.4 Supplier's charges
4.4.1 The Supplier's charges shall be based upon the Price List,
with VAT to be added if
required by law.
4.4.2 Any charges based upon weight shall be calculated by
reference to the gross weight
of the Consignment, as measured and recorded by the Supplier,
save that the Supplier
reserves the right to charge based on the volume of the
Consignment where appropriate.
4.4.3 The Supplier's charges are to be paid in full within 28
days from the date of the
Supplier's invoice, without any deduction or set off against any
alleged claim against the
Supplier.
4.4.4 Any query by a Customer in respect of the Supplier's
charges must be made in writing
within 7 days of the date of the Supplier's invoice.
4.4.5 If the Supplier's charges are not paid in full within 28
days from the invoice date, the
Supplier shall thereafter be entitled to charge interest on all
outstanding amounts at an
annual rate of 2% above the Bank of England base rate current at
the date of the unpaid
invoice. Where the Customer is a commercial entity, interest and
penalties shall be charged
pursuant to the Late Payment of Commercial Debts (Interest) Act
1998.
4.4.6 The Supplier operates an electronic invoicing system. All
invoices, credit notes and
statements will be sent to the Customer electronically. If the
Customer requires paper
invoices or credit notes (or cannot provide the Supplier with an
email address) the Supplier
reserves the right to make an administrative charge.
4.5 Proof of value
The Customer shall provide documentary evidence of the value of
any Consignment or part
of a Consignment alleged lost or damaged including, but not
limited to, the original invoice,
or valuation current at the time of the claim.
4.6 Consignment Notes
The Supplier does not issue paper consignment notes or any other
document of carriage.
Proof of delivery, and proof of collection if requested in
advance by the Customer, can be
sent by e-mail to the Customer.
4.7 No variation of terms
These Conditions shall apply to the exclusion of any other terms
and conditions (including
those of the Customer). Unless agreed in writing by a Director
of the Supplier, no employee,
agent or sub-contractor of the Supplier is authorised to alter
or vary these Conditions.
4.8 Cancellation
In the event of cancellation of the Contract by the Customer
after despatch of the Supplier's
Vehicle, the Customer shall be liable to pay a Cancellation Fee
to the Supplier.
4.9 General indemnity against any charges incurred by Supplier
The Customer shall indemnify the Supplier in respect of:
4.9.1 All consequences suffered by the Supplier (including but
not limited to claims, costs,
expenses , demands, proceedings , fines, penalties, damages, and
loss of or damage to the
carrying Vehicle and to other goods carried) arising as a result
whether direct or indirect of
any error, omission, misstatement or misrepresentation by the
Customer or other owner of
the Consignment or an employee or agent of either of them; or as
a consequence of
insufficient or improper packaging, labelling or addressing of
the Consignment or by reason
of fraud.
4.9.2 All claims and demands whatsoever in ex cess of the
liability of the Supplier under
these Terms and Conditions.
4.9.3 All losses suffered by and claims made against the
Supplier resulting from loss of or
damage to property caused by or arising out of the carriage by
the Supplier of Dangerous
Goods.
4.9.4 All claims made upon the Supplier by H M Revenue & Customs
in respect of dutiable
goods.
4.10 Equal Opportunity Employer
The Supplier is an Equal Opportunity Employer and has
implemented a policy to promote
equality in relation to disability, gender, race, age, religion
or belief and sexual orientation.
The Supplier will refuse to accept any booking which would
contravene that policy - a copy
of the Policy will be provided upon request.
4.11 Severance
If any provision of the Conditions is held by any court or
competent authority to be invalid or
unenforceable, in whole or in part, the validity of the
remainder of these Conditions and of
such provision shall continue in full force and effect.
4.12 Claims
No claim shall be brought against any officer, employee or
sub-contractor of
4.13 Time Limits for Claims
The Supplier shall not be liable for any loss of or damage to
any Consignment unless a
written claim is submitted by the Customer to the Supplier
within 14 days of the date of
delivery of the Consignment or the date when it should have been
delivered.
The Supplier shall in any event be discharged from any liability
whatsoever and howsoever
arising in respect of any Service unless proceedings are
commenced in accordance with
clause 4.14 and written notice of those proceedings given to the
Supplier within 9 months of
the date of delivery of the Consignment or the date when it
should have been delivered in
the case of the carriage of goods, or the date of termination of
transit in the case of the
carriage of Passengers.
4.14 Law and jurisdiction
These Conditions and the Contract to which they apply shall be
subject to English law, and
any dispute between the Customer and the Supplier shall be
subject to the exclusive
jurisdiction of the English Courts.
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