Terms and Conditions - February 2007
FYLDE EXECUTIVE CARS LIMITED - Supply Terms
1.1 In this Agreement, unless the context requires:
"Agreement" means these terms together with any Booking accepted by us in writing.
"Cancellation" means any cancellation by you of the Services after we have accepted your Booking.
"Hire Period" means the period of time set out in the Booking or during which the Services are performed, whichever is longer, as amended by agreement or in accordance with this Agreement.
"Pick-up Address" means the address stated in the Booking where the Services will commence.
"Pick-up Time" means the date and the time or time slot set out in the Booking or communicated by you to us for commencement of performance of the Services.
"Booking" means any booking from you or any quotation from us on your instructions to order services from us after the date of receipt of this Agreement.
"Passenger" means any person who uses the Services or any part of them or who enters the Vehicle with the consent of another passenger, in each case whether or not the passenger is you personally, employed by you, or in any way associated with you.
"Price" means the price for the Services set out in the Booking.
"Services" means the services of a chauffeur-driven Vehicle commencing with picking up Passengers from the Pick-up Address.
"Unacceptable Behaviour" means not wearing a seat-belt, opening or closing doors (this must be done by the chauffeur), leaning out of the window of the Vehicle, exceeding the maximum permitted number of Passengers, smoking in the Vehicle, being under the influence of excessive alcohol or under the influence of or in possession of any illegal substance, being violent, aggressive or a danger or potential danger to himself or any other person, being excessively rowdy or being in any way in an unfit state to travel.
"Vehicle" means the Chrysler Grand Voyager, Volvo S80 saloon, Volvo V70 Estate or Vauxhall Omega Saloon or Estate or any replacement vehicle agreed by us and you.
"We / us / our" refers to Fylde Executive Cars Ltd, a company registered in England with number 4290016 of 2 Deal Place, St annes on Sea, Lytham St annes, Lancashire, FY8 3EN and any future associated companies or subsidiaries.
"writing" includes any written paper document, any fax and any email correspondence.
"You / Your" refers to you, the client company, person or other legal entity who orders Services from us or makes a Booking.
1.2 In this Agreement, except where the context requires otherwise:
(a) words denoting any gender include all genders and words denoting the singular include the plural and vice versa; and
2. Bookings and Cancellations
2.1 The Booking is an offer by you to acquire the Services from us subject to this Agreement.
2.2 This Agreement apply to the exclusion of any other terms or subject to which the Booking is made or purported to be made by you. No variation to these terms is binding unless agreed in writing between authorised representatives of you and us.
2.3 All Bookings must be confirmed in writing using our booking form or by completing all necessary required fields of our on-line booking & registration service.
2.4 The Booking will lapse unless accepted by us in the form of a confirmation e-mail or telephone call prior to the Pick-Up Time.
2.5 All Bookings must be made at least 24 hours prior to Pick-up Time, when using the on-line booking service.
2.6 Any extra requests or alterations to the Booking not made at the time of the Booking (for example, additional pick-up addresses, change of venue and so on) can not necessarily be complied with by us. However, we will use all reasonable efforts to meet your amended requirements although there may be an increase in the Price to reflect any changes.
2.7 You may make a Cancellation at any time for a Booking, but any Bookings cancelled within 4 hours of the Pick-up Time will still mean that you have to pay a Price equal to 100% of the fixed Price or 50% of the estimated Price for the Booking using our standard fixed or hourly rates for the Services at the relevant time.
2.8 Whilst we will take reasonable steps to check bookings prior to the despatching of a vehicle, you will be responsible for the correctness of all information given. You will also be liable for any additional charges resulting from inaccurate information.
2.9 If the chosen payment method for any booking is 'Cash' and under any circumstances the booking is not fulfilled by the passenger(s) without cancelation of such booking, the credit card belonging to the owner of the booking will be charged the full amount of the journey price. This is without exception where Fylde Executive Cars are not at fault for the non-fulfillment of the journey.
3. Performance of the Services
3.1 We aim to perform our Services to a high standard. Please contact us if you have any complaints or suggestions.
3.2 Our chauffeurs will, unless agreed otherwise with you, wear our uniform to perform the Services.
3.3 Our chauffeurs will use their judgement to drive at reasonable speeds in relation to the prevailing road type and conditions and you may not ask our chauffeur to exceed the speed limit under any circumstances.
3.4 Unless we have agreed with you that a particular route should be used, our chauffeur may use any route to a destination that in his opinion is the best and most convenient route for driving whether or not it is actually the shortest route.
3.5 Each Vehicle is only insured for our chauffeurs. No other person may drive the Vehicle under any circumstances.
3.6 We will use reasonable endeavours to commence the Services at the agreed. If we fail to commence the Services within 30 minutes of the Pick-up Time for reasons within our reasonable control, you have the right to terminate the Agreement for that Booking and you will receive a full refund of any advance payment and deposit that you have paid to us, but we shall have no other liability to you.
3.7 We have no responsibility or liability to you for any delay in arriving at any destination for any reason after leaving the Pick-up Address.
4.1 We will transport a reasonable quantity of luggage accompanying Passengers. If however, in the judgement of our chauffeur, the volume or weight of luggage is excessive, then we reserve the right to refuse to transport all or part of the luggage. Luggage amounts must be specified on making a booking to ensure the correct type of vehicle is allocated.
4.2 All property and luggage remains at all times the responsibility of you and the Passengers. We accept no responsibility or liability for any loss or damage, no matter how caused, to your property or luggage or those of Passengers
5. Passenger Behaviour
5.1 You are expressly held responsible for the behaviour of all Passengers and for informing them of the provisions of this Agreement. You will indemnify us for any losses, costs or expenses caused by any Passenger on demand, whether or not we have first made a claim against that Passenger.
5.2 In the event that any Passenger is or appears in the opinion of the Chauffeur to be carrying out or attempting to carry out any Unacceptable Behaviour, then we or our Chauffeur may refuse entry to that Passenger to the Vehicle or may terminate the Agreement for that Booking or may cease the performance of the Services even if they are not completed and may require that Passenger to leave the Vehicle. In such circumstances, without prejudice to our other rights and remedies, you must still pay to us the full Price for the Booking and we will have no responsibility or liability for any losses or costs to you or any Passenger for any incomplete performance of the Services.
5.3 You accept responsibility and will indemnify us for any internal or external damage to or loss of the Vehicle or any of our property caused or incited to be caused by you or any Passenger no matter how the damage is caused.
5.4 You will pay for all cleaning and valet costs for our Vehicle if any Passenger causes any spillage or suffers from self-inflicted illness or in any other way causes the cleanliness of the Vehicle to be of a lower standard than at the Pick-up Time.
6. Price of the Services
6.1 The Price for the Services should be agreed in advance of the booking, if not part of a company agreed pricing structure. Prices are subject to amendment in accordance with this Agreement.
6.2 Any fixed Price may be increased by an amount in accordance with our standard hourly rate or mileage charges at the relevant time for any delay or increase in the Hire Period ("delay" in the following circumstances:
(a) any delay is caused by you or any Passenger for any reason; or
6.4 Unless agreed otherwise the Price stated is exclusive of the following which will be payable in addition where applicable:
(a) value added tax (which shall be payable by you subject to receipt of a VAT invoice);
7.1 You must pay for all Services provided in accordance with a Booking within 7 days of date of the Pick-up Time or at the time of departure of the Booking if paying in £’s Sterling or via credit card, unless credit terms have been agreed with you in writing by one of our Directors.
7.2 Where credit terms have been agreed with you, we will invoice you for the Services provided under each Booking or for any Cancellation at any time after performance of those Services or after Cancellation, as the case may be.
7.3 Unless agreed otherwise in writing, you must pay all unpaid parts of the Price to us within 14 days of the receipt by you of a proper invoice for the Services.
7.4 We may charge you interest from the date any payment is due until we receive it at a rate 3% above the base lending rate of Lloyds TSB Bank. Commencing on the first day after payment was due.
7.5 In the event of a credit card being declined by the credit card company, an administration fee of £5.00 will be incurred and subsequently charged to the card in question once credit facilities have been re-established.
8. Warranties and Liability
8.1 We warrant that our Services will be performed using reasonable care and skill.
8.2 Our liability to you in respect of death or personal injury resulting from our negligence shall not be limited. Other than in those respects:
(a) our total liability to you shall not exceed the lesser of the Price or the money actually received from you for the Services in respect of which a claim has been made; and
8.4 You must indemnify us in respect of any claims for loss, damage, injury or expense by any third party arising directly or indirectly from your use of the Services or making them available to a third party including any Passenger or otherwise arising in connection with this Agreement except for death or personal injury to the extent that it results from our negligence.
9. Force Majeure
9.1 Neither party shall be liable for any delay or failure to meet its obligations under this Agreement (other than a payment obligation) due to any cause outside its reasonable control (a "force majeure" situation), which it must notify to the other party as soon as possible. This Clause also applies where the affected party has reasonable grounds to believe that a force majeure situation is imminent whether or not it has actually occurred at that time.
10.1 You and we will both treat all information received from or created for each other marked "confidential" or "private" or reasonably obvious to be confidential as we would treat our own confidential information.
10.2 Personal details supplied by you will not be passed to any third party. However, we may use information provided for internal marketing and customer contact.
11.1 Either we or you may terminate this Agreement or any Booking without liability to the other party by giving notice to the other at any time if:
(a) the other party commits a material or persistent breach of this Agreement and does not remedy the breach within 14 days of receipt of written notice to do so where the breach can be remedied;
12.1 We may subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. You may not assign or transfer any of your rights or obligations without our written consent.
12.2 A notice required or permitted to be given under this Agreement shall be in writing and delivered to the other party's registered office or such other address as may at the relevant time have been notified to the party giving the notice. Delivery may be by hand, email, fax or post.
12.3 This Agreement set out the entire understanding of the parties with respect to their subject matter and replace any prior agreements or understandings or representations (unless fraudulent), whether written or oral. You agree that you will not have any right of action against us arising out of or in connection with any such representations unless fraudulent and that you have not relied on any such representations. All warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
12.4 This Agreement does not confer a benefit on any third party and the provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded.
12.5 If any provision of this Agreement is illegal, invalid or unenforceable in any jurisdiction, its enforceability in any other jurisdiction shall not be affected and nor shall the validity or enforceability of any other provision of this Agreement.
12.6 No waiver of any breach of this Agreement shall be considered a waiver of any subsequent breach of the same or any other provision.12.7 This Agreement and this contract are governed by English Law and are subject to the exclusive jurisdiction of the English courts.