Cars Exec Terms and Conditions of Trading
1. DEFINITIONS AND INTERPRETATION
“We”, “we”, “Our” , “our”, “Us” and “us” means i) Cars Exec where the Services are paid for by Account or by Credit or Debit Card and ii) in the case of Cash Services the Driver performing the Services.
“Cars Exec” means Cars Exec registered in England and Wales.
“Booking” means a Customer’s request for Services howsoever communicated to us as evidenced by our records.
“Business Day” means a day (excluding Saturdays, Sundays and public holidays) which is also a day on which clearing banks are open for the conduct of sterling banking business.
“Cancellation Fee” means a fee payable by the Customer for the cancellation of the Services by the Customer.
“Cash Customer” means a Customer that contracts with the Driver for Services and which elects to pay for the Services by cash, which is collected by a Driver, in accordance with clauses 2.2 and 3.2.
“Cash Services” means Services in respect of which a Driver (as principal) contracts directly with a Cash Customer booked through Cars Exec acting as disclosed agent for the Driver.
“Contract” means a contract for the provision of Services for Customers i) made by Cars Exec acting as disclosed agent for the Driver (as principal) for the provision of Cash Services resulting in the Customer entering a direct contract with the Driver and ii) by Cars Exec for the provision of Services for Customers (a) who maintain an account with Cars Exec and payment is made directly to Cars Exec by the Customer, or (b) who pay for Services by credit or debit card and each such Contract shall incorporate these Terms.
“Charges” means our charges (i) shown on our website or other published literature, (ii) for other than Account Bookings referred to in iii), the charge communicated to the person Booking the Services, and (iii) for certain Account Bookings, the price will be in accordance with charge rates agreed between Cars Exec and the Customer.
“Collection Address” means the address stated by the Customer at the time of making the Booking as the address from which the Vehicle shall collect the Customer, any Passengers or the Goods.
“Courier Vehicle” means a vehicle used for the carriage or delivery of Goods.
“Courier Services” means (a) the carriage or delivery of Goods by courier in the UK; and (b) the delivery of Goods nationally or internationally.
“Credit and Debit Card Services” means Services provided by Cars Exec to the Customer, and which is paid for by the Customer to Cars Exec by using a credit or debit card.
“Customer” and “You” means any person(s), firm or company which books Services.
“Driver” means any person who drives a Passenger Vehicle or Courier Vehicle.
“Goods” means any goods transported by us pursuant to a Contract.
“Written” means any written communication including email and SMS.
“Minors” mean children of less than 14 years of age.
“Passenger(s)” means the Customer and such persons who the Customer shall authorise and/or permit to make use of the Passenger Services by travelling in a Passenger Vehicle. By agreeing to or using the Services each Passenger agrees to be bound by these Terms.
“Passenger Services” means the transportation of Passengers by a Passenger Vehicle.
“Passenger Vehicle” means any vehicle (including a motorcycle adapted for Passenger Services) used for the carriage of Passengers.
“Pickup Address” means the address stated by the Customer at the time of making the Booking as the address from which the Vehicle shall collect the Customer, any Passengers or the Goods.
“Price List” means the list maintained by us of certain of our Charges relating to the Services from time to time and a current copy of which can be obtained on request.
“Restricted Street” means any location subject to any parking law or regulation prohibiting any vehicle waiting during prescribed hours.
“Services” means (a) Courier Services, (b) Passenger Services and (c) any other services agreed in writing between us and the Customer from time to time.
“Terms” means these terms and conditions, as amended from time to time.
“Vehicle” means a Passenger Vehicle or a Courier Vehicle.
2. PASSENGER SERVICES
2.1 Credit and Debit Card Services
Please note that clause 2.1 shall apply to all Bookings for Credit and Debit Card Services, which shall include any Booking made by an Account Customer who has elected not to use the Account in respect of that particular Booking.
2.1.1 When making a Booking for Credit and Debit Card Services, the Customer must elect to pay Cars Exec for the Services either by way of a credit card or a debit card payment, details of which shall be processed by Cars Exec.
2.1.2 In consideration for the performance of Credit and Debit Card Services, the Customer agrees to pay the Charges by way of a credit or debit card payment in accordance with clause 2.1.1. A card handling fee and VAT shall be added to such Charges.
2.2 Passenger Services – General
2.2.1 We shall use reasonable endeavours to provide a Passenger Vehicle in good working order of the type specified by the Customer (and in the event that such a vehicle is not available, a reasonable alternative vehicle) within any time for so doing given by us or within a reasonable time.
2.2.2 Customers must inform us at the time of making a booking if the Customer or any Passenger wishes to carry any domestic animals in any Passenger Vehicle. All domestic animals must be carried in a suitable locked box or cage, if appropriate and/or be suitably restrained. Cars Exec and/or the Driver reserve the right to cancel a booking on arrival at the Collection Address if we have not been informed of the Customer’s requirement to carry an animal in the Passenger Vehicle. Guide dogs are exempt from this requirement and are permitted to be carried in any Passenger Vehicle. Domestic animals (including guide dogs) are not permitted on motorcycles adapted for Passenger Services.
2.2.3 Passengers are not permitted to smoke in any Passenger Vehicle.
2.2.4 Passengers shall not play any musical instrument or broadcast recorded music in any Passenger Vehicle except with our written permission.
2.2.5 Passengers shall not consume alcohol in any Passenger Vehicle and we and/or the Driver reserves the right to decline carriage to any Passenger and may require a Passenger to alight from a Passenger Vehicle who, in our opinion, is intoxicated.
2.2.6 The transportation of luggage in a Passenger Vehicle shall be permitted in our absolute discretion. Passengers shall remain responsible at all times for their luggage and shall load and unload their own luggage. We may assist the Customer with the loading and unloading of his/her luggage from the Passenger Vehicle, at our sole discretion.
2.2.7 We accept no responsibility for the loss or damage to any luggage which is transported in a Passenger Vehicle. The Customer acknowledges and accepts that any luggage stored in the Passenger Vehicle may move around during the journey and accordingly the Customer (and any Passengers) should take extra care when opening the luggage compartment of the Passenger Vehicle.
2.2.8 Passengers are required to comply with current customs laws and regulations and we shall not be responsible for any delays caused by any failure to comply with the same.
2.2.9 All Passengers are required to use seat belts at all times.
2.2.10 We will not allow unaccompanied Minors of less than 11 years of age to travel alone in a Passenger Vehicle. In exceptional circumstances and subject to the parent/ guardian’s consent we may allow Minors over the age of 11 to travel unaccompanied. When booking a journey for any unaccompanied Minor the Customer must inform us that an unaccompanied Minor will be travelling. We do not accept any additional responsibility for any Minor who travels unaccompanied in a Passenger Vehicle.
2.2.11 We reserve the right to refuse to transport or cease to transport any Passenger who behaves in a disorderly, threatening or abusive manner or who, in our absolute discretion, we consider a nuisance or a danger to our employees, agents, subcontractors or to fellow Passengers and may require such a Passenger to alight from a Passenger Vehicle and the Customer may be charged a Cancellation Fee. We are committed to providing Services in accordance with the Equality Act 2010. We may assist any Passenger who is not capable of boarding and alighting a Passenger Vehicle unaided, at our sole discretion but at the Passenger’s risk.
2.2.12 We may charge reasonable repair or cleaning charges plus £90 representing loss of earnings for the Driver in the event of spillages in or in the event that any Passenger vomits in or otherwise soils, contaminates or damages a Passenger Vehicle.
2.2.13 We shall not be responsible for any property left by Passengers in any Passenger Vehicle. Where property is found in a Passenger Vehicle it will be stored by us for a period of 7 days and thereafter we shall be entitled to return, sell, destroy or otherwise dispose of such property as we, in its absolute discretion, see fit.
Please note that clause 5 applies to all Passenger Services and all Courier Services, including Account Services.
3.1 These Terms shall be incorporated in and form part of all Contracts for the provision of the Services. Bookings can be made through our website or by; these media by which you are able to make a Booking are an invitation to treat. Your Booking constitutes an offer to Contract for Services which we can accept (thereby creating a legally binding Contract incorporating, these Terms) for Account Customers and Credit and Debit Card Services by issuing to you a Booking Acceptance or otherwise and for Cash Customers, by the driver accepting allocation of your booking and proceeding to the pick up location requested by You.
3.2 Each party acknowledges that it is not relying on any statements, warranties or representations given or made by the other whether actual or implied by common law or under statute in relation to the subject matter of any Contract and that it shall have no rights or remedies with respect to such subject matter otherwise than under the relevant Contract.
3.3 We shall be entitled to vary the Price List from time to time.
3.4 We shall be entitled to exercise a lien over any property belonging to the Customer in our possession pending payment of any Charges due to us.
3.5 We may, in our absolute discretion, decline to accept any Booking.
3.6 Any dates, periods or times specified by us in connection with the performance of the Services are estimates only and time shall not be of the essence for the performance by us of our obligations under the Contract. We make no warranty that any Passenger or Goods or property shall be delivered within the Customer’s stipulated time period (if any) and/or within any time period stated by us unless express reference is made to this Clause 5.6 and agreed in writing by a director of Cars Exec.
3.7 No delay or omission by either party in exercising in whole or in part any right, power or remedy provided by law or under the Contract shall affect that right, power or remedy; or operate as a waiver of it.
3.8 The Customer agrees to indemnify and keep us fully indemnified from and against any direct and indirect losses, claims, expenses, damages or liability whatsoever incurred or suffered by us as a result of the negligence, acts or omissions or default under the Contract by the Customer, or its employees, agents or subcontractors or any Passengers.
3.9 The Customer shall be liable for any damage caused by Passengers to any Passenger Vehicle.
3.10 Subject to the following provisions of this clause 5, except in respect of death or personal injury caused by our negligence, or that of our servants or agents, our liability to the Customer for loss and/or damage caused by the negligence of us and/or our servants or agents, or otherwise which arises out of or in connection with the provision of the Services or their use by the Customer shall be limited as follows:
3.10.1 In relation to the Services, our liability shall not exceed £150;
3.10.2 In the case of lost or damaged Goods (including where relevant luggage of Customers travelling in Passenger Vehicles), our liability shall not exceed £150 unless the Customer has notified us that the Goods have a value in excess of £150 and We have agreed in writing to be responsible for the repair or replacement of the Goods up to a greater value and the Customer shall indemnify us against any Passenger claiming sums in excess of such limits.
3.11 To the extent permitted by law, we shall not be liable in any way whatsoever for the acts or omissions of any sub-contractors to whom we sub-contract the Services. We shall use our reasonable endeavours to ensure that we only sub-contract the Services to such third parties that have at least the minimum insurance cover required in the third party’s country of operation. If we are aware that a third party does not have a level of insurance coverage which we would expect, we reserve the right to request that the Customer signs a standard form disclaimer and acknowledgement in respect of the same.
3.12 We shall not be liable to the Customer for any loss or damage to property arising in the course of delivering, loading or unloading of Goods or Passenger’s luggage or personal effects.
3.13 We shall not be liable to the Customer for any loss of anticipated savings, business revenues, loss of agreements, loss of opportunity or loss of business or profits whether categorised as direct or indirect or any indirect, special or consequential loss (including losses arising from business interruption, wasted management time, loss of goodwill, data and all other such loss whether or not arising in the normal course of business).
3.14 We shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing any of our obligations under the Contract.
3.15 We shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any failure to perform any of our obligations under the Contract if the delay or failure was due to any circumstances or cause beyond our reasonable control.
3.16 We shall, in no event, have any liability in respect of any claim, howsoever arising, that is not notified to us by the Customer, in writing, with sufficient particularity, to identify the nature and the quantum of the claim within fourteen (14) days of the occurrence of the circumstances giving rise to the claim.
3.17 The Customer acknowledges that the limitations on our liability as set out in this clause 5 are fair and reasonable in the circumstances and have been taken into account and reflected in the level of the Charges.
3.18 Any complaints relating to the Services shall be addressed to us and made in writing within 14 days of the event giving rise to the complaint.
3.19 Termination of this Contract shall be without prejudice to any rights and/or obligations of us and/or the Customer accruing prior to the date of such termination.
3.20 Any notice required or permitted to be given by either party to the other under these Terms, shall be in writing and may be given personally or sent by email or by prepaid registered post to the other party at its registered office or principal place or business or such other address as may at the relevant time have been notified as that party’s address for service. Any notice sent by. Any notice served by email shall be deemed delivered immediately and by registered post shall be deemed served 48 hours after posting to an address in the United Kingdom or 5 Business Days after posting to an address outside the United Kingdom. In proving the service of any notice it will be sufficient to prove, in the case of a registered post letter to provide proof of delivery.
3.21 A person who is not a party to any Contract shall not have any rights under or in connection with it.
3.22 We reserve the right to subcontract or delegate in any manner any or all of our obligations under any Contract to any third party or agent.
3.23 If any provision of these Terms, which is not of a fundamental nature, is held by any court or other competent authority to be invalid or unenforceable in whole or in part, such part, term or provision shall be deemed deleted from these Terms and the remainder shall not be affected. Should the foregoing apply the parties shall use all reasonable endeavours to agree upon any lawful and reasonable changes to these Terms which may be necessary in order, as close as possible, to give effect to the commercial intent of these Terms.
3.24 We reserve the right to amend these Terms. Notice of amendments to these Terms shall be posted on the Cars Exec website.
3.25 These Terms shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
RATES AND CHARGES
Rates and charges will be as agreed. On completion of negotiations, a letter will be formally issued stating the rates along with any other additional information.
Rates and charges are subject to change without notice. Cars Exec will inform clients of any changes, before accepting any bookings which have been affected.
Due to the nature of our business, waiting, parking and cancellation charges will apply from time to time. Cars Exec operates a fair policy system and will aim to absorb these charges if possible.
Current waiting times are 45 minutes at all airports and 15 minutes at all other addresses.
Office hours are from 8am to 6pm Monday to Saturday.
In case of any emergencies, cancellations, urgent bookings or any other issues outside of office hours, please call the booking line. Please leave a voice mail for unanswered calls and Cars Exec will return the call ASAP.
Cars Exec operate a non refund policy in regard to a particular booking However as part of a fair trade policy and at our discretion will offer a credit to the same amount for any future transfer within time deemed reasonable by cars exec Ltd. reserves the right to be subject to the terms of third party subcontractors.
All vehicles are:
- Fully licensed.
- Fully insured.
- Clean on the interior and exterior (exterior is weather dependent).
- Fitted with Satellite Navigation.
- Fitted with a tracking device or with a back to base communication device.
All drivers are:
- Fully licensed and carry their license on them at all times.
- Able to assist with handling luggage.
- Available on a mobile phone (phone number will be provided on request).