Terms and Conditions of Hire
This booking forms a contract with Transfer Us, once it has been accepted by Transfer Us, either verbally, in writing, or email.
The hirer accepts that they agree with terms and conditions, and are making this booking subject to those terms and conditions
Definitions
“Agreement” means these terms, the terms stated overleaf, together with specific hire details stated overleaf.
“Cancellation” means and cancellation by you, of our services, after we have accepted your booking.
“Hire Period” means the period of time set out in a booking and stated overleaf, or as amended by agreement.
“Passenger” means and person who uses the services, or who enters the vehicle with the consent of another passenger, or of the person, or company booking our services.
“Price” means the price for the services set out in the booking.
“Services” means the services of a Chauffeur driven vehicle.
“Unacceptable Behaviour” means any behaviour considered to be unacceptable by the chauffeur including refusing to wear a seatbelt, leaning out of the window of the vehicle, standing out of the sunroof, attempting to exceed 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 abusive, being a danger to himself or any other person, being excessively rowdy, provoking persons in the party to commit violent acts, or being in any way unfit to travel.
“Vehicle” means the vehicle stated at the time of booking, or a replacement vehicle, if for any reason the vehicle booked cannot be provided.
“We/Us/Our” means Transfer Us “You/Your” means the individual or company making the booking.
In this agreement: Words denoting any gender include all genders and words denoting the singular include the plural and vice versa.
If there is any conflict between the booking and these terms, the provisions of the booking shall prevail.
Bookings and cancellations
We will make every effort to accommodate changes to booking details, however the rate stated includes only the pickups, drop offs and waiting periods as agreed.
Any additional mileage performed or waiting delays incurred will be at the discretion of the chauffeur and will be subject to additional charge as specified by Transfer Us. Agreement to increasing the duration of hire may not be possible if punctual arrival to subsequent bookings is likely to be compromised.
Cancellation charges may apply if cancellation is at late notice. If notice of cancellation is received, after the chauffeur has begun their journey to the pickup address, the full cost of the journey will be payable.
Online bookings should be made with at least 12 hours notice. For bookings within 12 hours please call (0044) 0330 133 2920
Performance of Services
We aim to perform our services to a high standard. Please contact us if you have any complaints or suggestions.
Our Chauffeurs will use their judgment to drive at reasonable speeds in relation to the prevailing road type and conditions and you should not ask them to exceed speed limits. Unless we have agreed with you that a particular route should be used, our chauffeur may use any route to a destination that in their opinion is the best and most convenient route, whether or not it is actually the shortest route.
No person other than employees or representatives of Transfer Us may drive the vehicle.
The chauffeur will endeavour to adhere to the pre-arranged itinerary/pick up/drop off times, and to the reasonable requests of the passengers, (the reasonableness of which shall be judged by the chauffeur) However, we cannot be held responsible for loss or inconvenience from delays and prolonged journey durations, due to circumstances beyond their control. i.e. traffic, adverse weather conditions etc.
The agreed hire price will be payable provided the services commence within 1 hour of the agreed pick up time. If we fail to commence the services within 1 hour of the scheduled pick up time, you have the right to terminate the agreement for that booking and you will receive a full refund of any deposit and advance payment that has been made.
Vehicles
Wherever reasonably possible the vehicle type agreed at the time of booking shall be used. However, we reserve the right to supply an alternative vehicle. In the unlikely event of vehicle breakdown, we will make every possible attempt to supply a replacement vehicle as quickly as possible. If a replacement cannot be supplied, a full refund of any hire fees will be paid.
Luggage
All property and luggage remains at all times the responsibility of the passengers. We accept no responsibility or liability for any loss or damage, no matter how caused, either whilst in transit or when left in the vehicle.
It is your responsibility when reserving a vehicle, to check that it has sufficient space and weight allowance to accommodate the luggage to be carried.
Please ensure you advise the number and size of your luggage at the time of booking.
We reserve the right to refuse the carriage of luggage if in the chauffeur’s judgment the volume of weight is excessive.
Passenger Behaviour
The client is held responsible for the behaviour of all passengers, and for informing them of the provisions of this agreement. They are responsible for ensuring that the party’s conduct does not threaten their own, the drivers or any other person’s safety. Seatbelts should be worn, and passengers should not lean out of the windows or stand out of the sunroof. 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. All vehicles are strictly ‘no smoking’.
In the event that any passenger (in the opinion of the chauffeur) is carrying 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 that service, even if they are not completed. In these circumstances and without prejudice to our rights, 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.
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.
You will pay for all cleaning and valet costs if any passenger causes any spillage, is sick in the vehicle, or in any other way causes the cleanliness of the vehicle to be of a lower standard than at the pickup time. The standard valet charge is £80 plus VAT.
In the unlikely event that any of the above events occur, you hereby authorise payment to be debited from the credit/debit card used initially to secure the booking, or agree to immediate payment by other means, after being presented with written/photographic evidence of damage/loss of subsequent hire fees.
The maximum seating capacity of the vehicle is determined by us, and should not be exceeded. It is your responsibility to ensure that any children or passengers under the height of 4’6” are secured within a booster seat or protective child seat as appropriate. The company will provide child seats as long as they are requested at the time of the booking.
Price of the Service
The price for the services is as set out in the booking, subject to amendment in accordance with this agreement.
If a fixed price for services has been agreed, this may be increased by an amount in accordance with out standard hourly rate at the relevant time for any delay or increase in the agreed hire period in the following circumstances:
Any delay caused by you or any passenger for any reason.
Any delay caused by severe traffic, congestion, accidents, weather conditions or any other cause outside our reasonable control.
Airport collection delays, where flight delay information has only been reported after the chauffeur has set out on his journey to the airport.
Any amount due from delays, will be added to, and form part of the price.
Unless otherwise agreed the price stated is exclusive of the following which will be payable in addition where applicable:
V.A.T (which shall be payable by you subject to receipt of a V.A.T invoice)
Road Tolls, London Congestion Charge, or additional expenses such as parking.
Any wasted journeys carried out because of error on your part i.e. incorrect incoming flight date given, shall be paid for, in full, by you.
Waiting time: We allow 30 mins grace from the time of pickup and 60 mins for flight arrivals. After this time a charge of £35 per hour will be made, £0.58p per minute.
Any price given online, particularly if it is for a major sporting event or concert, is subject to confirmation. We reserve the right to reject a booking if a price is not agreed or if a suitable vehicle is not available.
Cancellations
If a booking is cancelled by the Customer within 24 hours from the start of the period of hire, there will be no cancellation charge.
If a booking is cancelled by the Customer within 12 hours from the start of the period of hire, 50% of the cost of the booking will be charged.
If a booking is cancelled by the Customer within 6 hours of the start of the contract or if the driver is already en-route, 100% of the cost of the booking will be charged.
If the customer does not appear at the time and place designated as the pickup point, 100% of the cost of the booking will be charged.
If a wedding booking is cancelled within 1 month from the start of the period of hire, any deposit paid will be non-refundable. Further charges are as per the above conditions.
Minibus and Coaches
If a booking is cancelled by the Customer within 72 hours from the start of the period of hire, there will be a 25% cancellation charge.
If a booking is cancelled by the Customer within 48 hours from the start of the period of hire, 50% of the cost of the booking will be charged.
If a booking is cancelled by the Customer within 24 hours of the start of the contract or if the driver is already en-route, 100% of the cost of the booking will be charged.
If the customer does not appear at the time and place designated as the pickup point, 100% of the cost of the booking will be charged.
If a wedding booking is cancelled within 1 month from the start of the period of hire, any deposit paid will be non-refundable. Further charges are as per the above conditions.
Refunds
If a booking has been paid in full and a refund is agreed – any payments made on line through WorldPay services will be refunded through the same method back to the payment card used only.
Terms of Payment
Unless a credit account has been agreed and set up for you, or alternative payment terms have been agreed with you at the time of booking, a 50% deposit is required on reservation, and full payment is required prior to the journey taking place. We do not charge for credit card processing. Payment can be made with Master, Visa Credit or American Express as well as Debit cards. Payments are taken through our WorldPay secured booking system.
If you do have a corporate or credit account with us, payment is required 30 days following the date of the invoice unless otherwise agreed in writing. Payment by the end of the month following the date of the invoice upon application.
If a due payment exceeds 45 days, we reserve the right to charge you interest from the date any payment is due until we receive it at a rate of 3% above the base lending rate of Barclays Bank PLC.
Warranties and Liability
We warrant that our services will be performed using reasonable care and skill.
Our total liability to you shall not exceed the lesser of the price or money actually received from you for the services in respect of which a claim has been made and we shall have no liability to you for loss of profits, goodwill, reputation, business contracts, revenue, production, anticipated savings, nor from losses arising from third party claims which arise in connection with the services nor any other losses or expenses and we shall have no liability to you for any indirect, special or consequential loss, damage costs or expenses including labour, or the hiring of a replacement vehicle.
- The company has Public liability covering passengers for a maximum of £5,000,000.
- Carrying of Hazardous Goods – The company will not allow clients to carry any goods consider hazardous, this is any product which would require special labelling by law. Carrying of hazardous goods will result in insurance cover being invalid.
Miscellaneous
We may subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or part. You may not assign or transfer any of your rights or obligations without our written consent.
Discrimination
We operate a strict policy of non-discrimination for race, religion, sexual orientations, health and disability and all other areas of discrimination.
Health and Safety
We require any party booking transport for themselves or any member of their party who might incur any health and safety issues make the company aware of the customer’s requirements in advance of booking. Should the company consider we are unable to meet normal H&S requirements for the customer and other passengers’ safety we will regretfully have to decline the booking.
Children in vehicles
Should any child need to be included in the transportation the lead name on the booking form should confirm the age of children in the party and if required provide suitable child restraint to be fitted to the vehicle prior to the start of the journey.
Animals in vehicles
We will accept guide dogs with registered disabled people however this should be advised to the company at the time of booking the service, all other animals will be accepted at the discretion of the company and should be made aware when booking the service. The company reserves the right to refuse the transportation of animals except Guide dogs or other animals used by registered disable people.
Complaints
Complaints regarding our Chauffeurs, staff or vehicles, should be made in writing to Transfer Us.
Limitation of liability
Background to the limits and exclusions on the Supplier's liability. The Supplier has obtained insurance cover in respect of its own legal liability for individual claims not exceeding maximum price of booking per claim. [Transfer Us has been unable to obtain insurance in respect of certain types of loss at a commercially viable price.] The limits and exclusions in this clause reflect the insurance cover the Transfer Us has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
Scope of this clause. References to liability in this clause include every kind of liability arising under or in connection with this agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise. No limitations in respect of deliberate default. Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
No limitation of the Customer's payment obligations. Nothing in this this clause shall limit the Customer's payment obligations under this agreement.
Liabilities which cannot legally be limited. Nothing in this agreement limits any liability which cannot legally be limited, including liability for:
- death or personal injury caused by negligence.
- fraud or fraudulent misrepresentation.
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Cap on the Supplier's liability (no limitations in respect of deliberate default) and (liabilities which cannot legally be limited), the Supplier's total liability to the Customer:
- for damage to property caused by the negligence of its employees and agents in connection with this agreement shall not exceed £250 for any one event or series of connected events.
- for loss arising from the Supplier's failure to comply with its data processing obligations under clause 11 (Data protection) shall not exceed total cost of booking.
- for all other loss or damage which does not fall within subclause (a) or (b) shall not exceed maximum amount paid for the booking.
Specific heads of excluded loss (No limitations in respect of deliberate default), (No limitation on the customer's payment obligations), and (Liabilities which cannot legally be limited), this specifies the types of losses that are excluded:
- loss of profits.
- loss of sales or business.
- loss of agreements or contracts.
- loss of anticipated savings.
- loss of use or corruption of software, data or information.
- loss of or damage to goodwill.
- indirect or consequential loss.
No liability for claims not notified within [1] months. Unless the Customer notifies the Supplier that it intends to make a claim in respect of an event within the notice period, the Supplier shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire [1 ] months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.