Terms and Conditions
Terms and conditions 2015 By placing a booking with Elite, The Customer acknowledges that they have read, understood and agree to accept the Terms and Conditions as detailed below. Where the Customer is an individual, no part of these Terms and Conditions affects your rights as a consumer. These Terms and Conditions are in addition to your rights as a consumer.
In the following terms and conditions, ‘the Company’ refers to Elite, its subsidiaries, brands or identities under which the company may trade, ‘the customer’ and/or ‘the hirer’ refers to the person and/or organisation making the booking and ‘the driver’ refers to the driver or supplier of the vehicle.
These Standard Terms and Conditions shall apply whether the agreement is verbal or written and shall enter into force immediately upon the Company accepting a booking via the Company’s Cordic system. The hirer shall at all times remain solely responsible for the acts and/or omissions of the passengers permitted to travel by hirer (whether directly or indirectly) and therefore any additional costs incurred by the Company during the performance of the contract shall be borne by the hirer irrespective of whether the hirer travels.
All quotations are inputted onto the booking, and are an agreed price. This is dependent on the type of vehicle as well as journey. The given quotation is for driver and vehicle only.
All monies must be paid in full on completion of the journey unless agreed by the Company in writing. If any outstanding monies are due, the company reserves the right to collect the monies due from an original credit/debit card used by or for the hirer at any time. The hirer also agrees that no chargeback will be raised to any credit/debit card issuing company with regards to the booking payment. All bookings made through credit or debit cards will incur a 10% charge per journey unless agreed by the company. Cards are only charged once the journey is completed and will include all charges.
Where the company has agreed a credit arrangement or account facility with the customer, invoices will be issued in accordance with the agreed arrangements and may include additional charges per clause 6. All invoices are to be paid within twenty eight days from the date of the invoice unless otherwise agreed in writing. Once your agreed credit limit has been reached, no further credit will be given until payment is received. Any queries relating to Company invoices must be raised in writing by the Customer within 7 days from the date of the invoice or 3 days of receipt. If no query is raised by the Customer within this period it will be deemed as having been accepted in full and all prices are binding. All overdue accounts will be subject to interest at 3% above the prevailing Bank of England base rate and accrued monthly. A service charge of 10% and VAT is applicable on all accounts (unless otherwise agreed with the Company). Account customers are charged the same fare as cash customers, unless a discount has been agreed in writing. These preferential rates or discounts will not be given to account customers for personal journeys.
Booking Confirmations and Amendments
It is the responsibility of the Customer to check the Booking Confirmation, once received, for its accuracy and completeness, any discrepancies found in the Booking Confirmation should be communicated to the Company as a matter of urgency. If a Customer requires to amend a Booking, the amendment will only be considered as implemented when the Customer has it confirmed in writing and the Company has acknowledged said amendment with a new Booking Confirmation. If an updated Booking Confirmation has not been received by the Customer with the updated details the Customer will be subject to the terms of the original Booking Confirmation. No amendment can be agreed with the driver and the driver does not have the authority to bind the Company in any manner whatsoever. It is the Customers responsibility to ensure that all trip details are complete and correct and at no time should verbal amendments be considered as confirmation of a change to an existing booking. The Company cannot be held responsible for any delays in arrival at a destination caused by traffic problems and/or adverse weather conditions and these factors should be taken into account by Customer when requesting a collection time when making a booking. The Company shall have no liability to the Customer for failing to arrive at a destination on time and shall bear no liability for late arrival at performances or events and the Customer shall have no claim against the Company for any reimbursement to the cost of any tickets for any such performance or event. Depending on the nature of the booking amendment, additional charges may be required.
Additional Charges and Surcharges
The hire price will not include ferries, road tolls, extra drop offs, parking or waiting time. Irrespective of clause 4 above, should the customer instruct the driver to, or otherwise make changes to the booking and these changes incur additional costs and charges, either before or during the booking, the customer accepts full liability for said charges. The Company reserves the right to charge for damage to vehicles made by the hirer and/or the passengers. Monies will be collected from the hirer. The Company charge a £50 sickness and soilage charge.
Cancellation by Hirer
All cancellations must be made with at least 24 hours notice. Should the hirer wish to cancel a booking where the hirer has paid in either full or part for the booking, the full amount will be refunded if the required notice is given. If cancelling within 24 hours, the Company reserves the right to take part or full payment depending on the nature of the journey. This will be agreed with the hirer on cancellation. Cancellation of an event or holiday or “reason for travel” does not affect the hirer’s liability for the above cancellation fees and the monies will be due as if the vehicle was travelling. Should the Customer not have paid the amount set out above at the time of cancellation the balance shall become due immediately and shall be a debt owed to the Company. The Company may, at its sole discretion, engage the services of a debt collection agency to recover any unpaid amount together with interest and any debt collection charges.
Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its reasonable control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, strikes, including, without limitation, failure of suppliers, subcontractors, and carriers, bad weather, and/or any other cause beyond the reasonable control of the party whose performance is affected to substantially meet its performance obligations under this Agreement
Use of the vehicle
The hirer cannot assume the use of the vehicle between outward and return journeys nor will the vehicle remain at the destination for the hirers’ sole use unless this has been expressly agreed in writing by the Company, and waiting time charged. A return is charged at half of the outgoing fare. 10.1 The Customer hereby acknowledges that no luggage may be left in the vehicle unless specifically agreed with the Company. 10.2 Should the Customer be late for any pickup as set out in the Booking Confirmation the Customer will be liable for any additional costs incurred by the Company in providing the Service including, without limitation, the costs of obtaining a replacement vehicle if the original becomes unavailable. 10.3 Where the booking is to collect passengers from an airport and the customer has provided a scheduled arrival time, the scheduled pickup time for the booking will be adjusted by the company to allow 45 minutes for the passengers to disembark the flight, reclaim luggage and clear customs. In the event that the customer requires a fixed pick up time, this allowance will not apply. Where flights are delayed and the cumulative delay shall exceed this allowance clause 10.4 below shall apply. It is strongly recommended that you take out travel insurance to cover this eventuality. Waiting time is charged at £22 an hour after the 45 minutes allowed time. 10.4 For the avoidance of doubt a driver will wait for a maximum of 30 minutes from the scheduled time of pick up or such shorter period as may be determined by the driver that will adversely affect his driver hours. Should the Customer not have arrived for pick up within this period the Company shall be relieved of any obligation to provide the service and shall have no liability to Customer for any costs incurred by Customer in completing their journey. Notwithstanding the foregoing the Company shall use reasonable endeavours to complete the journey at full cost to the Customer.
Change of vehicle
The Company reserves the right to subcontract to another operator to perform the hire or to supply replacement vehicles with the same number of seats. In the event that a vehicle of differing specification is supplied the Company’s liability will be limited to the amount specified in our standard table of compensation set out at Appendix 1, If for operational reasons we are compelled to supply a larger vehicle than required this will be at no extra charge (unless the number of passengers is increased from the original booking).
Unless the hirer has advised of a particular route and specified it at the time of booking, the route taken will be entirely at the discretion of the Company or driver according to road, traffic and weather conditions at the time of travel. The vehicle will depart at the times agreed by the hirer at the time of the Booking Confirmation; no price discount shall be given if the route chosen is not actually the shortest. Any changes requested to the route by the Customer shall be at the drivers sole discretion and the driver may charge an additional fee if additional drop off points are requested and agreed by the driver.
Breakdown or Delay
The company may give advice on journey times in good faith, but cannot guarantee that the journey is completed by a specific time and cannot accept any responsibility or liability whatsoever for traffic congestion, road accidents, adverse weather conditions, compliance with requests of the police, customs or other government officials and security services or other matters outside it’s reasonable control and will not be liable for any inconvenience or loss incurred caused by a breakdown or unforeseen delay be that en-route to pick up the hirer or en-route to the booking destination as a result. It is strongly recommended that you should consider insuring against this risk if journey times are particularly crucial, for example for the commencement of an event.
Driver’s hours and rest periods are strictly regulated by law and the hirer accepts responsibility for timings agreed at confirmation of booking. The hirer accepts that neither they nor their passengers shall delay or interrupt the journey in such a way as to cause the driver to breach driver’s hour’s regulations and must adhere strictly to all collection times contained in the Booking Confirmation. If any breach is likely to occur the hirer agrees to pay any additional costs incurred. If delays occur for whatever reason, the Company may take whatever action is deemed necessary for the Vehicle in order to comply with the law. Where delays do occur the Company cannot be held responsible for any losses arising as a result of those delays or non-performance of the services unless they are due solely to the negligence of the Company.
The vehicles are subject to statutory safety restrictions on the carriage of luggage and driver has sole authority to decide whether the property is suitable to be carried on that vehicle. Whilst The Company will take all reasonable care with passenger’s property it cannot accept liability for any damage to, or loss of that property being carried on the vehicle and we would strongly recommend that no valuables should be left on the vehicle at any time, even if that vehicle is locked. Nor can the Company accept responsibility for any loss of or damage to property left on the vehicle after hire. Property found on the vehicle after hire will be held at the vehicle operating base for a maximum period of 30 days. It is the hirers’ or the passenger’s responsibility to collect the property and any costs incurred to collect the property are to be borne by the hirer or passenger. Property is to be collected at a time agreed by the Company and the hirer or passenger.
It is incumbent upon the hirer and the hirer’s party to behave in a proper manner for the duration of their journey. The driver is responsible for the safety of the vehicle and as such may refuse to allow a passenger or passengers to board the Vehicle or eject them from the Vehicle if, in his sole discretion, he considers them unfit to travel for whatever reason (for example, being intoxicated, aggressive or abusive). The Driver may refuse to continue a journey if in his sole discretion he considers any passenger to be behaving in such a way as may compromise the safety of other persons, the contents of the Vehicle or the Vehicle itself. In such event, at the driver’s sole discretion, the journey may continue once the passenger or passengers have been removed from the vehicle, but should passenger conduct result in summary termination of the journey, the company reserves the right to cancel any other parts of a booking, and in such circumstances the forfeiture of any monies paid, and no claims for compensation or refund in either whole or part shall be entertained Any damage caused to the vehicle by the hirer or any of the passengers shall be the responsibility of the hirer and the hirer shall be liable for all costs related thereto.
Alcohol, Tobacco or Drug Consumption
All vehicles are strictly non-smoking by law. Non-compliance with a driver’s request for passengers to refrain from drinking alcohol, and the smoking of tobacco or consumption of illegal narcotics, may result in summary termination of the journey, cancellation of any other parts of a booking, and in such circumstances the Customer shall remain liable for any sums due under this Agreement and the Company shall have no liability to Customer and no refunds shall be provided.
All complaints must be made in writing within 7 days of the date of hire to the Company. Any remedies or compensatory measures offered (if any) by the Company are at the strict discretion of the management of the Company. The hirer also agrees that in the event of a dispute arising from a booking, a charge back request will not be raised through the card issuer or bank. The hirer agrees to have a fair independent hearing in a County Court if an agreement cannot be made between the hirer and the Company.
Standard Compensation terms
The table below details our standard compensation amounts/percentages where there has been a service failure on our part. Where an amount and a percentage figure are shown in the compensation column, the compensation payable will be limited to the maximum amount shown. Where a booking covers more than one journey or the journey consists of more than one part or leg (for example an inward and outward journey), any compensation will only be applicable to and limited to the affected part of that journey. In the unlikely event that there is more than one service issue, compensation will only be paid against the issue which has the highest value. Payments and or refunds will not be made against multiple issues and shall not be made where Customer is in breach of any of the terms of this Agreement.
Limitation of liability
Subject to the remaining provisions of this clause, the Company’s liability to the hirer under or in connection with this Agreement for all and any direct loss or damage arising from any one incident or series of connected incidents is limited to Booking (excluding any Additional Charges arising by way of clause 6). Neither the Company nor the hirer excludes or restricts in any way its liability under or in connection with this Agreement for death or personal injury caused by its negligence or to any extent not permitted by law. The Company shall not be liable to the hirer (whether in contract, tort, under statute, for misrepresentation or otherwise (including in each case negligence) and whether or not the hirer was advised in advance of the possibility of such loss or damage, for: (a) any of the following types of loss or damage whether direct, indirect or consequential howsoever arising under or in connection with this Agreement or any part of it: loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, wasted expenditure, loss from business interruption, loss or destruction of data, loss of contracts, loss from expenditure of time by managers and employees, liability to third parties, pecuniary losses arising from goodwill, or loss of or damage to goodwill; or (b) any indirect or consequential loss or damage whatsoever. Nothing in this clause or in this Agreement excludes or limits the Customer’s liability to pay (without set off) the charges or any Additional Charges
With the specific exception of recognised assistance dogs, (which includes guide dogs), no animals are permitted to be carried on any vehicle booked under the terms of this agreement, unless specific permission has been obtained in writing from the company a minimum of three working days prior to the commencement of any journey. The inclusion of this clause should not be taken to imply that permission will be given for the carriage of animals other than recognised assistance dogs, and specific requirements may be given with regards to restraint of aforesaid animals to ensure safe transit of any animals for which permission is given. Failure to comply with any reasonable requirements may result in summary termination of the journey and removal of the animal from the vehicle. A recognised assistance dog is one that has been specifically trained to assist a disabled person and that meets the accredited membership criteria of Assistance Dogs International/Assistance Dogs Europe, or other such bodies as may from time to time be recognised. An assistance dog trained by a member of Assistance Dogs International will have formal identification. Accredited UK, European and International assistance dog organisations can be found at the website address:http://www.assistancedogsinternational.org/assistancedogproviders.php
These terms and Conditions together with any Booking Conformation shall be subject to and construed in accordance with the laws of England and Wales. The parties hereby agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Appendix 1 – Table of compensation
The following compensation provisions are subject to the Company’s standard Terms and Conditions.
|Late Vehicle (Where a journey consists of more than one leg or part, compensation is limited to the part of the journey affected)||Up to 30 minutes||£0|
|31 – 60 minutes||10% / £25|
|61 – 120 minutes||20%/£50|
|121 – 240 minutes||50%/£100|
|Over 241 minutes||Full refund|
|Vehicle no show(Single leg journey)||Vehicle fails to arrive to collect passengers and passengers make other arrangements||Full refund|
|Vehicle fails to arrive to collect passengers and passengers make other arrangements for specific leg of journey||Refund of charges relating to affected leg of journey|
|Vehicle breakdown||Vehicle suffers mechanical or other failure during the course of the booking, and journey is continued following repair or in alternative vehicle(s)||Late vehicle charges as above|
|Vehicle suffers mechanical or other failure during the course of the booking, and passengers make their own arrangements for travel||Compensation equivalent to reasonable transport costs to complete journey|
|Vehicle standard not as booked||Standard not Executive (Not pre-agreed with client)||15%/£30|
|Standard not Executive (Pre-agreed with client)||10%/£25|
|Vehicle wrong size (passengers)||Vehicle has insufficient seats for the number of passengers as listed in the booking confirmation and alternative vehicle supplied||Late vehicle charges as above|
|Vehicle wrong size (luggage capacity)||Vehicle has insufficient storage space for luggage as listed in the booking confirmation and alternative or supplemental vehicle supplied, but delay is caused to party||Late vehicle charges as above|
|Vehicle has insufficient storage space for luggage as listed in the booking confirmation and passengers make their own arrangements for travel||Full Refund|
|Air conditioning||Vehicle does not have working air conditioning and this was detailed in the booking confirmation||10% /£40|
|Vehicle cleanliness||Vehicle fails to meet reasonable standards for cleanliness – exterior||5%|
|Vehicle fails to meet reasonable standards for cleanliness – Interior||10%|
|Driver behaviour||Driver behaviour unacceptable including rudeness and failure for follow reasonable requests in line with the booking requirements||10%|