- Created on Monday, 24 November 2014 12:40
- Written by Super User
Terms & Conditions
The Customer’s attention is particularly drawn to the provisions of clause 6.
The following terms and conditions apply to all services provided by LDC HULL, 10 Sandpiper Drive , Hull, HU4 6UP
1.1 Unless otherwise specified, in these terms and conditions:
“Conditions” means these terms and conditions as amended from time to time and including any special terms and conditions agreed in writing between the Customer and the Provider;
“Contract” means the contract between the Customer and the Provider for the supply of Services in accordance with these Conditions;
“Customer” means the person that is supplied with the Service by the Provider pursuant to a Contract;
“Customer Default” means any act or omission by the Customer or failure by the Customer to perform any relevant obligation under the Contract;
“Event Of Force Majeure” means any act or event beyond the Provider’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
“Price” means the price listed in the Provider’s published price list as at the date of the Contract or such other price as may be agreed in writing by the Provider and the Customer from time to time;
“Provider” means Airport Transfer Cars Limited;
“Service” means the service of transport to or from airports (including any instalment of the service or any multiple services) which the Provider is to supply to the Customer in accordance with these Conditions. The list of airports and London areas serviced by the Provider can be found on the Provider’s website.
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 and e-mails.
2. Basis of Contract
2.1 The Provider shall sell and the Customer shall purchase the Service in accordance with any quotation or offer of the Provider which is accepted by the Customer, or any reservation of the Customer which is accepted by the Provider, subject in either case to these Conditions.
2.2 The Customer accepts these Conditions by placing a reservation with the provider via, without limitation, the Provider’s website (www.hull-taxi.co.uk ), telephone or any representative agent of the Provider.
2.3 After the Customer has made a reservation, he/she will receive an e-mail from the Provider acknowledging that the latter has received the confirmation.
2.4 The Provider or any Authorised Representative of the Provider will accept the reservation made by the Customer by sending to the same an e-mail of confirmation. The Contract will only be formed when such a confirmation e-mail is sent to the Customer. No reservation submitted by the Customer shall be deemed to be accepted by the Provider unless and until confirmed in writing by the Provider or an authorised representative of the Provider.
2.5 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Provider which is not set out in the Contract.
2.6 The Provider reserves the right to revise the Conditions at any time without prior notice at its sole discretion. Any revised Conditions will be posted on the Provider’s website and will come into effect 6 hours after posting. If applicable, whenever the Provider revises the Conditions in accordance with this clause 2.6, it will keep the Customer informed and give the same notice of this by stating that these Terms have been amended.
2.7 If the Customer is:
(a) a consumer, they may only purchase the Service if they are at least 18 years old. As a consumer, the Customer has certain legal rights in relation to the Services that are faulty or not as described. Advice about such legal rights is available in the local Citizens’ Advice Bureau or Trading Standards office;
(b) a business customer, it hereby confirms that it has the authority to bind any business on whose behalf it uses the Provider’s website to purchase the Services.
2.8 The specification for the Services shall be those set out in the Provider’s sales documentation unless expressly varied in writing by the Customer in their reservation (and accepted by the Provider).
2.9 Illustrations, photographs or descriptions whether in the website, brochures, price lists or other documents of the Provider are intended as a guide only and the contents shall not be binding on the Provider.
2.10 The Provider reserves the right to make any changes in the specification of the Services (i) which are required to conform with any applicable safety or other statutory or regulatory requirements or (ii) where the Services are to be supplied to the Provider’s specification, which do not materially affect their performance.
2.11 Sub-contracting companies are not authorised to make any representations or claims concerning the Service unless confirmed in writing by the Provider. In entering into the Contract, the Customer acknowledges that it does not rely on and waives any claim for breach of any such representations, which are not so confirmed.
2.12 No variation of a Contract shall be binding unless agreed in writing by the parties thereof.
2.13 Where the Provider has quoted a price other than the Price, the price so quoted shall be valid for 24 hours only or for another duration specified by the Provider.
2.14 The Provider reserves the right, by giving notice to the Customer at any time before supply of the Services, to increase the Price to reflect any increase in the cost to the Provider which is due to any factor beyond the control of the Provider such as, without limitation, any foreign exchange fluctuation, currency regulation or alteration of duties, any change in delivery dates, quantities or specifications for the Service which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Provider adequate information or instructions.
2.15 Reservations made for Services to be rendered on 24, 25, 26 December and 1 January will be subject to an additional surcharge of 50% on the Prices.
2.16 A maximum time of 45 minutes for address collections and 1 hour for airport collections will be allocated, after which time non-contact with Customers will classify the reservation to be a “no-show” and will be subject to clauses 3.2 and 4.4.3 below. For the purpose hereof, a “No-show” is defined as an event whereby a Customer (a) in case of address collection, fails to meet the driver on the agreed pick-up time at the agreed pick-up point; or (b) in case of airport collection, fails to meet the driver in the arrival hall. This means that the driver will wait in the arrival hall up to 1 hour from flight landing time and if the Customer fails to meet within this time limit or make contact to inform their status at the airport will be considered as a no show. All bookings made online or over the phone for Services to be paid cash to the driver will be secured by providing valid credit or debit card details and be charged with the full amount in the event of a no-show by the Customer. All Services paid in advance by credit or debit card will not be refunded in the event of a no-show by the Customer.
2.17 All payments that are made in any form other than cash (pounds sterling) to the Provider for the provision of Services and any confirmed reservations made with the Provider directly or indirectly will result in an additional charge (booking fee) to the Customer of £3.00 Sterling.
2.18 Without limiting any other right or remedy of the Provider, if the Customer fails to make any payment due to the Provider under the Contract by the due date for payment, the Provider shall have the right to charge interest on the overdue amount at the rate of 4% (per cent) per annum above the then current Bank of England’s base rate, accruing on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
2.19 The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Provider in order to justify withholding payment of any such amount in whole or in part. The Provider may, without limiting its other rights or remedies, set off any amount owing to it by the Customer, against any amount payable by the Provider to the Customer.
3. Terms of Carriage
3.1 The Prices are based on Customers being ready to travel at the booked time. Customers must book their airport transfer in accordance with check-in times and guidelines provided by their relevant airline.
3.2 All meets apart from airports waiting time are free for the first 10 minutes; thereafter you will be charged 25p per minute on the entire waiting time. In case of airports’ meets, the first 30 minutes waiting time from the time of landing are free, and additional free waiting time can be requested at time of booking; thereafter Customers will be charged 25p per minute. There is no additional charge for flight delays.
3.3 Prices quoted are flat rates. Any diversions, additional set downs or pickups by Customers will incur a minimum charge of £5.00 per stop on the way, set down or pickup. Prices quoted for Services that are not subsequently booked will have a validity of 24 hours.
3.4 Neither the Provider nor any of its contracted or sub-contracted drivers or suppliers will accept responsibility for loss or damage to the Customers’ luggage. Customers are responsible for ensuring that their luggage is loaded/unloaded on the vehicle at all times. The Provider or its contracted or sub-contracted third parties have the right to refuse any Customer or to make the journey due to the Customer having excess luggage which would result in the vehicle being unsafe whilst in motion.
3.5 Vehicles are booked by Customers as requested by the same. Saloon and estate cars carry a maximum of 4 Customers and luggage. Vehicles to carry a larger number of Customers and luggage are available and can be booked as required. Please check the Provider’s website for luggage limitations and vehicle types).
3.6 In the instance where an unaccompanied luggage is transported:
(a) the Customer agrees to defend, indemnify and hold the Provider and, without limitation, its owners, workers, clients, agents and driver harmless from any and all claims, demands, causes of actions, damages, liabilities, costs and expenses, including attorneys’ fees, arising from, or related to, any acts or omissions of the Customer; and
(b) the Provider will use its reasonable endeavours to deliver the luggage to the exact destination as booked by the Customer. If upon delivery the driver is unable to obtain a signature for the receipt of luggage, the driver may return the luggage to our head office where storage and additional delivery costs will be incurred.
3.7 Although we always consider live traffic conditions, if the driver cannot attend an assigned job due to unexpected traffic difficulties we will do our best to forward the job to one of our partner companies that operate in the proximity of the pickup location. Please note that in this case the responsibility for job fulfilment is shifted to the partner company and any further complaints should be addressed to them.
3.8 Without prejudice to clause 2.16, if the Customer leaves the pickup point without informing the Provider or takes a minicab or a black cab from another company without the consent of the Provider, the latter will not be liable for any compensation. If a customer leaves the pick-up point with our consent to take another minicab company or a black cab, our company will cover the Customer the difference revealed. For instance: if the Company’s price is £50.00 and the Customer uses another services whose price is £80, the difference of £30.00 will be covered.
3.10. Waiting time. For airport pick-ups, in case the customer does not specify any extra time for getting through customs and luggage reclaim, the service provider, Airport Transfer Cars Ltd, will automatically add 30 minutes of extra waiting time for customers that come with European flights and 45 minutes for those who come in with International flights.
3.11. Any estimated trip times and times of arrival presented by the company on its public website or otherwise, are only to be taken as indicative, and are not subject to traffic and/or weather conditions and final route taken by driver. Therefore, you agree that you are responsible for setting an appropriate agreed time that allows you sufficient time to reach your destination to subsequently check-in for a flight, take a train or fulfill any other dependencies you might have.
3.12. All pick-ups from outside of London’s boundaries must be paid in advance and booked at least 4 hours ahead of the pick-up time.
3.13. Every effort will be made by the company to ensure that vehicle(s) arrive on time and reach destinations on time. The company shall not be held responsible or liable for any delays (and/or arising consequential losses) that occur beyond its control. The company and its employees aim at running a reliable service for you and whether alternative options will be given and the client refuses, the company will not be liable for any loss.
3.14. When a client creates an account with us, they will receive 10% off the base price of the journey. This discount excludes any extra fees. It applies to extra child seats, extra stops on the way, car type, or any other extra requirement that the client may have. If the journey’s standard cost is £40, then the discount will be of 4£. If however they require an 8-seater car instead of a standard saloon car, then the extra £30 for the car type will not be subject to the discount. The price will be £70 without the discount, respectively £66 with the discount.
4. Cancellation policy for consumer Costumers
4.1 The Customer will be able to cancel a reservation within 7 days of making the reservation at no cost where the start time of the Service is after 7 days of the reservation.
4.2 No reservation which has been accepted by the Provider may be cancelled by the Customer except with the agreement in writing of the Provider and on terms that the Customer shall indemnify the Provider in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Provider as a result of cancellation, where the start time of the Service is prior to the expiry of 7 days.
4.3.1. We reserve the right to refuse service to anyone taking into consideration the below situations :
When a customer is consuming alcohool
When a customer has been or is being, disruptive
When a customer harasses the employees
4.4 Where clause 4.2 applies, cancellations’ times and fees:
4.4.1 Cancellations notified more than 24 hours of the pick-up date and time bear a £10.00 cancellation fee.
4.4.2 Cancellations notified from 3 to 24 hours prior to the pick-up time bear a charge equal to 50% of the quoted Price.
4.4.3 Cancellations notified within 3 hours of the pick-up time bear a charge equal to 100% of the quoted Price.
4.5 The cancellation of vehicles booked by Customers and not suitable to the purposes thereof will be subject to clause 4.3.3 in case such vehicles are driven up to the agreed pick-up point.
4.6 The modification made by the Customer regarding the type of vehicle, after the reservation has been accepted by the Provider, shall incur a £10.00 charge.
5. Obligations of the Parties
5.1 The Customer shall:
(a) ensure that the terms of the reservation and any information it provides to the Provider are complete and accurate;
(b) co-operate with the Provider in all matters relating to the Services;
(c) supply the Provider, its employees, agents, consultants and subcontractors with access to the Customer’s premises, office accommodation and other facilities as reasonably required by the Provider;
(d) supply the Provider with such information and materials as the Provider may reasonably require in order to provide the Services, and ensure that such information is accurate in all material respects.
5.2 If the Provider’s performance of any of its obligations under the Contract is prevented or delayed by any Customer Default:
(a) the Provider 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 itself from the performance of any of its obligations to the extent the Customer Default prevents or delays the Provider’s performance of any of its obligations;
(b) the Provider shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Provider’s failure or delay to perform any of its obligations as set out in this clause 5.2; and
(c) the Customer shall reimburse the Provider on written demand for any costs or losses sustained or incurred by the Provider arising directly or indirectly from the Customer Default.
5.3 The Provider warrants to the Customer that the Services will be provided using reasonable care and skill and that it shall use its reasonable endeavours to meet any performance dates and times.
5.4 The Provider 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 Provider shall notify the Customer in any such event.
6. Limitation of liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
6.1 Limitation of liability for Consumer Customers
6.1.1 If the Provider fails to comply with these Conditions, the same is responsible for loss or damage suffered by the Customer, only if it is the foreseeable result of said breach or negligence. Loss or damage is foreseeable if they are an obvious consequence of the Provider’s breach or negligence or if they were contemplated by the parties when the Contract was agreed upon.
6.1.2 The consumer Customer agrees not to use the Service for any commercial, business or re-sale purposes, and in particular the Provider has no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.1.3 The Provider does not in any way exclude or limit its liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
6.2 Limitation of liability for business Customers
6.2.1 The Provider only supplies Services for internal use by the business of the business Customer, and the latter agrees not to use the Services for any re-sale purposes.
6.2.2 Nothing in these Conditions limit or exclude the Provider’s liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
6.2.3 Subject to clause 6.2.2, the Provider will under no circumstances whatsoever be liable to the business Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
6.2.4 Subject to clauses 6.2.2 and 6.2.3, the Provider’s total liability to the business 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 50 % of the Price of the Services.
6.2.5 Except as expressly stated in these Conditions, the Provider does not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law.
7. Force Majeure
7.1 The Provider will not be liable or responsible for any failure to perform or delay in performance, regarding any of the Provider’s obligations under a Contract, if they are caused by an Event Of Force Majeure.
7.2 In the case of an Event Of Force Majeure affecting the performance of the Provider’s obligations under a Contract:
(a) the Provider will contact the Customer as soon as reasonably possible to notify the same; and
(b) the Provider’s obligations under a Contract will be suspended and the time for performance of the Provider’s obligations will be extended for the duration of the Event Of Force Majeure. Where the Event Of Force Majeure affects the delivery of the Service to the Customer, the Provider will use its reasonable endeavours to arrange a new delivery date with the Customer after the Event Of Force Majeure is over, provided that the Service is still needed by the Customer.
(a) A waiver of any right under the Contract 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 under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
(a) If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
8.3 Assignment and subcontracting.
(a) The Provider may at any time assign, transfer, 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 Provider, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
(a) The Provider’s contact details for any communication in writing are: 10 Sandpier Drive, Hull, HU46UP
(b) If the Customer is a business, any notice between the parties will be deemed, received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
8.5 Confidential Information
The Customer undertakes to the Provider that:
(a) it will regard as confidential the Contract and all information relating to the business and/or products of the Provider and will not use or disclose to any third party such information without the Provider’s prior written consent, unless the information is in the public domain other than by reason of the Customer’s default;
(b) the Customer will use its best endeavours to ensure compliance with this confidentiality provision by its employees, agents, affiliates and relatives as the case may be. This Condition shall survive the termination of the Contract.
8.6 Governing law and venue of disputes
(a) If the Customer is a consumer, these Conditions are governed by English law. This means a Contract and any dispute or claim arising out of or in connection with it will be governed by English law. The consumer Customer and the Provider agree that the courts of England and Wales will have non-exclusive jurisdiction.
(b) If the Customer is a business costumer, these Conditions are governed by English law. This means that a 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), will be governed by English law. The business Customer and the Provider agree to the exclusive jurisdiction of the courts of England and Wales.
8.7 Handling of items found
Any items found by the mini cab vehicle driver inside the said vehicle shall be returned to their owner.
- if the item owner is not known or if the person does not call on the day of discovery, the mini cab vehicle driver shall be obliged to hand the item over to the mini cab service operator´s office.
In case the person who lost or forgot an item inside the mini cab vehicle and there are no doubts about the ownership and the authenticity of their description, the item shall be returned to the person. The owner has the possibility to come himself at the company’s office and take the lost item or he must pay for the driver’s journey from his last drop off point to the owner’s address.
8.9. The Company reserves the right to charge reasonable cleaning charges plus three hours loss of earnings for the driver at our normal hourly rate (as detailed in the Price List) in the event of spillages or in the event that any Passenger vomits or otherwise soils or damages a Passenger Vehicle.
8.10. LDC HULL is not responsable for any delays.
We do not store credit card details not do we share customer details with any 3rd parties !!!
The Provider is committed to protecting the privacy of its Customers. The Provider will only use the information that it collects about the Customers lawfully (in accordance with the Data Protection Act 1998). Information is collected for two reasons: first, to process the reservation, and second, to provide the Customer with the best possible service. The Provider will not send out marketing e-mail in the future unless so consented by the Customer.
The Provider will give the Customer the chance to refuse any marketing email from the Provider or from another trader in the future. The type of information the Provider will collect about the Customer includes their name, address, phone number, email address and credit/debit card details. The Provider will never collect sensitive information about the Customer without their explicit consent.
The information held by the Provider will be accurate and up to date. The Customer will be able to check the information held by the Provider by emailing the same. If the Customer finds any inaccuracies, the Provider will delete or correct it promptly. If the Provider intends to transfer the Customer’s information outside the EEA (European Economic Area), the Provider will always obtain the Customer’s consent first.
For the purposes of the Data Protection Act 1998 the data controller is Dan C.
11. Use of the Provider’s Website
The use by the Customer of the Provider’ website is also governed by the Website Acceptable Use Policy. It is advisable that the Customer takes the time to read these, as they include important terms which apply to the Customer.