Terms and conditions for the supply of services for National Taxi

These terms and conditions and the web-based booking form constitute the entire Agreement concerning the provision of a transfer service (“Service”) between the Customer and the Supplier.  Completion of the online booking form and/or use of the Service indicates the Customer’s unconditional acceptance of the terms and conditions set out in this Agreement.

Interpretation

1.1.Definitions. In these Conditions, the following definitions apply:

Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 1.7 – 1.16.

Commencement Date: has the meaning set out in clause 1.27.

Conditions: these terms and conditions as amended from time to time.

Contract: the contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions.

Customer: the person or firm who purchases Services from the Supplier.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Order: the Customer’s order for Services as set out in the Customer’s written or verbal acceptance of the Supplier’s quotation

Service: the services, supplied by the Supplier to the Customer as set out in the Specification.

Specification: the description or specification of the Services provided in writing by the Supplier to the Customer.

Supplier: National Taxi registered in England and Wales with company number

 

The Customer: means any individual, company or other business who places the booking with the Supplier

1.2 Construction. In these Conditions, the following rules apply:

(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

(b) a reference to a party includes its personal representatives, successors or permitted assigns;

(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

(d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

(e) a reference to writing or written includes faxes, e-mails and text messages.

Basis of contract

Booking

1.3 The Customer must allow sufficient time when booking their taxi to allow for any specific appointment times and for any delays caused by traffic conditions.  The Supplier shall not be responsible for any delay caused by the Customer’s failure to allow enough time to reach their destination or if the passengers are not ready for collection at the booked time.

1.4 The Customer must order a suitable car size for the number of passengers and luggage.  The Supplier cannot guarantee to carry excessive amounts of luggage. Please note that a child, regardless of age, counts as one passenger.

1.5 If the Customer needs to transport a wheelchair please specify this at the time of booking.

charges and payment

1.6 The Supplier will email/text the Customer a quotation based on the information supplied by the Customer.  Unless otherwise stated all prices are exclusive of VAT which, if applicable, will be charged in addition.  The Supplier may amend the quotation if there is any material change to the original itinerary, the number of passengers or the type or size of vehicle required.

1.7 The quotation will include a 30 minute waiting period after the agreed pick up time and the cost of car parking if applicable. The Supplier will charge for waiting at its standard rates after the initial 30 minute period has expired.

1.8 If the Customer accepts the quotation, the Customer will receive confirmation of their booking by email. Customers are advised to check their booking confirmation carefully and inform the Supplier promptly of any errors. The Supplier shall not be responsible for any delays caused or costs arising from by the Customer’s failure to provide the Supplier with correct information. It is the Customer’s responsibility to provide the Supplier with the correct information. If an unnecessary/incorrect journey is made, it will be invoiced at the full fare and an additional charge will be payable to return to the correct location.

1.9 Payment can be made by credit card (subject to a 10% surcharge) or cash. To pay via an account, an account must be set up in advance of the booking and the journey.

1.10 Prices may change without notice (exclusive of booked work and active quotations).

1.11 Minibus bookings will require a deposit (the Customer will be advised at time of booking) with the balance payable on completion of the journey (if a return booking is required then the full fare will be collected on the outward journey). If the return fare is not paid to the driver the Customer’s booking will be cancelled.

1.12 If a booking is cancelled with more than 24 hours notice the deposit will be refunded less a handling charge equal to 10% of the quoted fare.

1.13 If a booking is cancelled with less than 24 hours notice the deposit will be forfeited.

1.14 Any “no show” by the Customer will result in a 100% fare being charged plus any out of pocket expenses i.e. car parks. The Supplier will wait for the following times (excluding immediate bookings or A.S.A.P bookings);

Airports: 45 mins from the time shown that the luggage is in the hall.

Trains & buses: 10 mins from the expected arrival time.

All other bookings: 15 mins after the appointed time.

1.15 If the Customer cannot locate their driver within the times above, or if there is any delay in reaching the driver then it is the Customer’s responsibility to contact the Supplier to avoid a no show fee. This will ensure that the driver will wait. Any extra waiting after the times above will be subject to a waiting charge. For Airport bookings if a car park charge is payable then this shall be added to the fare.

cancellation and termination

1.16            If the Customer needs to cancel their booking, they are advised to contact the Supplier as soon as possible.  If the Customer cancels a booking after the vehicle has been dispatched then a charge may be incurred; the charge will be based on the distance/time that the allocated driver has travelled/spent prior to the point of cancellation.  As a general rule journeys from airports are dispatched up to two hours before flight arrival, journeys within the surrounding national area are normally dispatched up to twenty minutes before their due time.

1.17            If the Customer has made a booking through the Quote/Book/Pay service, and have cause to cancel their booking before a vehicle has been dispatched to them, a charge of 5% will be levied on the original payment made.

1.18            The Supplier will refuse or terminate any booking with immediate effect if it places any driver or vehicle at risk of damage, violence or abuse by the Customer or by any passenger in the their party and the Supplier will ask all passengers to vacate the vehicle as soon as it is safe to do so. No refunds will be given part way if the journey is terminated through the hire.

liability

1.19            The Supplier shall use all reasonable endeavours to get the Customer to their destination on time, but shall not be liable for any loss due to delays caused by road or traffic conditions beyond its control on the journey.  Under no circumstances shall the Supplier be liable (in contract, tort or otherwise) for any loss of profits, business or for any indirect or consequential loss whatever.

1.20            All luggage is carried entirely at the Customer’s risk.

1.21            The Supplier shall be entitled to cancel all services and provide refunds in the event of a declared national emergency, riot, war, fuel shortage, extreme weather or terrorist attack, or other circumstances beyond its control. If the car breaks down during the Customer’s journey the Supplier will endeavour to arrange an alternative car to complete the journey as soon as practicable.

1.22            The Customer shall indemnify the Supplier against all losses, costs, damages and expenses arising from any act or omission of any passenger in the Customer’s party.

1.23            Neither party excludes or limits its liability for death or personal injury caused by negligence, or for wilful default or fraudulent misrepresentation, or otherwise in any manner unenforceable by any applicable law.

children

1.24            UK law states that taxis are exempt from legislation relating to children travelling in a baby/child seat or booster, more details of the legistaltion can be found here.  For Health and Safety reasons the Supplier is unable to provide any form of child seat. If the Customer requires a child seat for their journey it would be the child’s parent/carers responsibility to provide one and to fit the seat in the vehicle and to secure the child. If the Customer is booking a return journey and has their own child seat, the driver who carries out the booking will store the Customer’s child seat for the return journey.

other

1.25            The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.

1.26            The Order shall only be deemed to be accepted when the Supplier issues acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).

1.27            The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.

1.28            Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

1.29            These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

1.30            Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period of 10 Business Days from its date of issue.

Supply of Services

1.31            The Supplier shall supply the Services to the Customer in accordance with the Specification in all material respects.

1.32            The Supplier shall use all reasonable endeavours to meet any performance dates but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

1.33            The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.

1.34            The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.

1.35            The Customer shall be responsible for the behaviour of all the passengers in the vehicle during the journey. The Customer will be charged valet and repair costs to cover cleaning costs in the unlikely event of the vehicle being soiled by any passenger.

1.36            Eating, drinking and/or smoking in the cars are not permitted.

1.37            All children travelling during the journey should be restrained in a manner appropriate to their age, weight and height. Suitable child seats should wherever possible be supplied and fitted by the child’s parents. Such seats may be retained by the driver for use on the return journey.

1.38            The Supplier will not carry more passengers than its insurance or licensing allows.

Customer’s obligations

1.39            The Customer shall:

(a)            ensure that the terms of the Order and any information it provides in the Specification are complete and accurate;

(b)            co-operate with the Supplier in all matters relating to the Services;

(c)            provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Customer’s premises, office accommodation and other facilities as reasonably required by the Supplier;

(d)            provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;

(e)            obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start;

(f)             keep and maintain all materials, equipment, documents and other property of the Supplier (Supplier Materials) at the Customer’s premises in safe custody at its own risk, maintain the Supplier Materials in good condition until returned to the Supplier, and not dispose of or use the Supplier Materials other than in accordance with the Supplier’s written instructions or authorisation; and

1.40            If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

(a)            the Supplier shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations;

(b)            the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as set out in this clause 4.2; and

(c)            the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.

Intellectual property rights

1.41            All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Supplier.

1.42            The Customer acknowledges that, in respect of any third party Intellectual Property Rights, the Customer’s use of any such Intellectual Property Rights is conditional on the Supplier obtaining a written licence from the relevant licensor on such terms as will entitle the Supplier to license such rights to the Customer.

1.43            All Supplier Materials are the exclusive property of the Supplier.

Confidentiality

1.44            A party (receiving party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party (disclosing party), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the Contract, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Contract. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 7 shall survive termination of the Contract.

Limitation of liability:

1.45            Nothing in these Conditions shall limit or exclude the Supplier’s liability for:

(a)            death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

(b)            fraud or fraudulent misrepresentation; or

(c)            breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

1.46            Subject to clause 8.1:

(a)            the Supplier shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and

(b)            the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £-

1.47            The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

1.48            This clause 8 shall survive termination of the Contract.

Consequences of termination

On termination of the Contract for any 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 shall submit an invoice, which shall be payable by the Customer immediately on receipt;

(b)            the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and

(c)            clauses which expressly or by implication survive termination shall continue in full force and effect.

Force majeure

1.49            For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

1.50            The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

1.51            If the Force Majeure Event prevents the Supplier from providing any of the Services for more than4 weeks, the Supplier shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.

General

1.52            Assignment and other dealings.

(a)            The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.

(b)            The Customer shall not, without the prior written consent of the Supplier, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.

1.53            Notices.

(a)            Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax [or e-mail].

(b)            A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 12.2(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by by fax [or e-mail], one Business Day after transmission.

(c)            The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

1.54            Severance.

(a)            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 shall not affect the validity and enforceability of the rest of the Contract.

(b)            If [one party gives notice to the other of the possibility that] any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

1.55            Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

1.56            No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

1.57            Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.

1.58            Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the Supplier.

1.59            Governing law. This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.

Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual