1 DEFINITIONS in these conditions:
“Seller” means Groupclass Executive Travel or its
authorised representatives.“Buyer” means the person, Company, dealer or organisation
to whom or to which the Seller supplies a private hire or other service. “Contract”
means the contract for the purchase and supply of the Service subject to these conditions.“Conditions”
means the conditions set out in this document and any special terms and conditions
agreed in writing between the Buyer and the Seller.
2 BOOKINGS, DEPOSITS & CANCELLED JOURNEYS
2.1 Bookings are accepted based upon the times and dates stated on the confirmation form, which will be dispatched within 24 hours once details of the booking are received. It is the Buyer’s responsibility to check this form and inform the Seller immediately of any changes.
2.2 Unless the Buyer has an account with the Seller, Bookings will be held only upon receipt of a deposit (or in some cases the full payment-see 3.4 below). The deposit -50% of the agreed sum due - will be non-refundable if cancellation initiated by the Buyer is within 7 days of the departure date.
2.3 In the unlikely event that The Seller finds it necessary to cancel a booking,
the deposit will be returned in full.
2.4 In the event of the seller arriving at
a pick up point for a ‘regular journey' and then not being required, the seller is
entitled to charge a ‘per mile rate' for return to depot. However, if the journey
is not required for reasons fairly attributable to the seller i.e. delay in providing
the service, no payment shall be requested.
3 PAYMENT
3.1 Where the Buyer has an account with the Seller, such account shall be
paid on delivery to the Buyer of an invoice showing the amount due.
3.2 The Buyer
shall pay the amount due within fourteen days of the date of the Seller’s invoice.
3.3
If payment is not received by the due date the Seller reserves the right to charge
the Buyer interest (both before and after any judgement) on all unpaid accounts,
in line with The Late Payment of Debts Act 1998. The Seller’s right to interest shall
be without prejudice to any of the Seller’s other rights.
3.4 Where the Buyer does
not have an account with the Seller, he/she shall make payment in full to the Seller
in advance of the journey on the day of travel.
4 DELAYS & ABANDONMENTS
4.1 The Seller will endeavour to meet all collection and arrival times, but cannot accept responsibility for any unforeseen delays, however caused.
4.2 In the case of travel to horse-racing meetings, should a meeting be abandoned at any time prior to departure from the agreed pick-up point, the Seller will offer the Buyer transportation to an alternative destination within a comparable distance of the original booking. Alternatively, 25% of the agreed sum will be retained by the Seller to cover reasonable costs incurred.
4.3 In the case of travel to horse-racing or other sporting events, should abandonment occur following departure to the venue from the agreed pick-up point no alternative travel or refund will be offered.
5 ADDITIONAL TERMS & LUGGAGE
5.1 If the Buyer cause the vehicle used by The Seller for the supply of the Service
to be damaged or soiled or unfit for the next user the Buyer shall pay the cost of
repairing, cleaning or valeting the vehicle and will also pay for the loss of subsequent
business.
5.2 If a Hotel and Evening Meal is required for the driver, the cost will
be passed on to the Buyer, unless the Buyer pays direct.
5.3 Any additional costs incurred, e.g. congestion or parking charges, will be passed
on to the Buyer, unless the Buyer pays direct.
5.4 Smoking and eating are not permitted
in the vehicle.
5.5 Passengers are responsible for any personal possessions and luggage left in the vehicle. The seller accepts no responsibility for lost luggage or possessions however caused. The seller reserves the right to refuse to carry excessive amounts of luggage deemed to infringe weight restrictions. The seller also reserves the right to refuse to take baggage that is suspicion in appearance.
5.6 For safety reasons the driver may refuse to transport passengers that are behaving in a disorderly manner.
5.7 All passengers must wear seat belts when the vehicle is in motion.
6 REGULAR CUSTOMERS & ACCOUNT FACILITIES
6.1 Regular customers & account holders are
entitled to an ongoing 10% discount on all journeys. This offer can also be extended
to staff members when bookings are made through an appointed representative & on
quotation of a valid purchase order number.
6.2 Payments can be made by monthly invoice
which will include: Journey reference/ purchase order number. Date & time of journey,
name of person or details of goods carried. Details of journey & destination (including
mileage.)
6.4 Invoicing payment terms by mutual agreement.
6.3 Early notification
of seasonal offers and further reductions.
7 LIABILITY
7.1 Subject to any statutory
provisions to the contrary whether contained in the Unfair Contract Terms Act or
otherwise. The Seller shall be under no liability in respect of any loss or damage
arising out of the supply of the Service whether arising directly indirectly consequentially
or otherwise, save that nothing in these terms shall affect the Buyers statutory
rights.
7.2 Except in respect of death or personal injury caused by the Seller’s negligence.
The Seller shall not be liable to the Buyer by reason of any representation or any
implied warranty condition or other term or any other duty at common law. Or under
the express terms of the Contract for any consequential loss or damage (whether for
loss of profit or otherwise) costs expenses or other claims for consequential compensation
whatsoever which arise out of or in connection with the supply of the Service except
as expressly provided in these Conditions.
8 UNFAIR CONTRACT TERMS
8.1 The Seller has
drawn up these terms and conditions of sale having regard to the provisions of the
Unfair Contract Terms Act 1977. They are considered by the Seller to be fair and
reasonable. If the Buyer considers these terms to be unreasonable in whole or in
part he must inform the Seller in writing before any contract is made otherwise he
will be deemed to accept that they are reasonable.
9 VARIATION OF THESE CONDITIONS
9.1
The Buyer will be notified in Writing of any variation of these Conditions at least
fourteen days before such variation comes into effect.
10 ENGLISH LAW
10.1 These Conditions
and the Contract of which they form part shall be governed and construed in accordance
with English Law and parties hereto accept the jurisdiction of the English Courts
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