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1. General Statement
1.1 The terms and conditions set out herein shall apply between Network Cars (Tottenham) Ltd (“the Company”) and the passenger or the party booking on their behalf ("the Customer") and shall apply to the provision of any and all carriage, courier or delivery services ("the Services") undertaken by the Company for the Customer during the continuance of this Agreement and any and all other terms, warranties and/or conditions implied by statute and/or common law and hereby expressly excluded to the fullest extent permitted by law.
2. Bookings
2.1 A Booking (“Booking”) constitutes an offer by the Customer to purchase Services in accordance with these Terms. A Booking shall only be deemed to be accepted by us when we issue written or oral confirmation of the Booking via the telephone, text message or email or on commencement of the Booking (whichever is the earlier), at which point and on which date and time a contract for the provision of those services to which the Booking relates shall come into existence. The Customer, in each case, is deemed to have accepted the Terms when making use of our service (“the Passenger Services”). Each Booking constitutes a Contract between the Company (as principal) and the Customer There is no obligation on us to accept a Booking and it may be declined for any reason. The Customer agrees to remain fully liable under these Terms for their actions or omissions and our obligations to the Customer will be determined by these Terms.
2.2 To the maximum extent permitted by law, we remain responsible solely for our obligations to the Customer, as set out in these Terms, to the exclusion of all other Terms.
2.3 Network Cars will contact you via text message or email before the start of your journey, to confirm the Vehicle licence plate number, the driver’s contact details, the driver’s private hire Vehicle licence number and where a Passenger can receive it, a photo of the driver.
2.4 Network Cars reserves the right on no notice to you to amend the services if necessary to comply with any applicable law, statute, regulation, statutory instrument, directive and all other legislation or if the amendment will not materially affect the nature or quality of our services to the Customer.
2.5 The Company shall use reasonable endeavours to provide a Vehicle of the type specified by you (and in the event that such a Vehicle is not available, a reasonable alternative Vehicle) within the given time frame.
2.6 The Customer shall be liable for any and all payment of Charges and Additional Charges for a Booking for all Services booked pursuant to these Terms and must pay the Charges and Additional Charges for each Booking in full and without set-off.
2.7 The Company reserves the right to amend the Charges and the Additional Charges including after a Booking is made and including without limitation to reflect changes in law, statute, regulation, taxation, statutory instrument and directives.
2.8 The Customer may elect the method of payment for our Passenger Services using one of the following options; (a) Card Payment, or (b) cash.
2.9 For a Taxi Booking, payment must be made at the time of making the Taxi Booking, using one of the payment options which will be made available to you via the relevant Booking Channel.
3. Charges
3.1 When the Customer provides a pickup and destination address, and selects a Vehicle type, the Customer will receive a quotation showing the amount of the Charges for the requested journey.
3.2 The Charges shall based on the chosen route between the Collection Address and Destination Address (via any other pick-up or drop-off points specified at the time of making the Booking).
3.3 Changes may be permitted to a Booking by the Customer and the Customer shall liable for all Charges and Additional Charges for the Booking as changed. If a Booking change or changes results in a full or partial refund to you, we will credit the Card used to make the Booking.
3.4 In relation to a Booking Additional Charges shall be payable if:
3.5 (a) you change the Collection Address and / or Destination Address or Vehicle type;
3.6 (b) you ask the Driver and the Driver agrees, to make any additional pick-ups or drop-offs;
3.7 (c) you require the Driver to take any variation of or follow a different route from our chosen route;
3.8 (d) you require the Vehicle to carry more passengers than indicated when making the Booking;
3.9 (e) you require the Driver to wait between the stops of a Return Journey;
3.10 (f) you or any other Passenger, domestic animal or item belonging to you, contaminate or damage a Vehicle, in which case a cleaning fee up to a maximum of £120 shall be charged;
3.11 (g) tolls or road related charges are payable in relation to your Booking;
3.12 (h) you make an Airport Booking. For the avoidance of doubt an Airport Meet and Greet Fee is payable for each and every Airport Booking.
3.13 (i) a Parking Fee, Waiting Time Fee, Drop Off Fee and/or Cancellation Fee may be applicable to your Booking.
3.14 (j) you do not specify that the Vehicle is to carry a bicycle or pet when making the Booking, and the Driver subsequently agrees to carry such bicycle or pet.
4. Airport Bookings
4.1 When making an Airport Booking you must provide the flight number. We use it to track your arrival time to calculate (i) Airport Inclusive Waiting Time; and (ii) Additional Waiting Time
4.2 You must allow sufficient time when booking your Private Hire Vehicle to allow for the check-in times required by your airline and for any delays caused by traffic conditions. Network Cars shall not be responsible for any delay caused by your failure to allow enough time to reach your destination or if the passengers are not ready for collection at the booked time. All Airport pickups include the first 30 minutes waiting time & 1 hour for meet & Greet from the actual landing time of the flight and thereafter you will be charged 30 pence per minute. Number of passengers and luggage’s must be stated clearly during the time of booking. If there are any alterations in number the Customer shall be charged the difference accordingly.
4.3 Passengers are responsible for loading and unloading their luggage. The driver will assist the elderly, visually impaired and the physically challenged.
4.4 A suitable car size must be ordered for the number of passengers and luggage. We cannot guarantee to carry excessive amounts of luggage. Kindly note that a child, no matter the age, counts as one passenger.
4.5 If you need to transport a wheelchair, please specify this at the time of booking.
4.6 Network Cars will check for flight delays before the driver departs for the airport but can only rely on the information supplied by the Airport websites. Once you have accepted your quotation, please check your booking confirmation carefully and inform us promptly of any errors. Network Cars shall not be responsible for any delays caused or costs arising from or by your failure to provide us with correct and accurate information. All car parking charges shall be paid on the day of collection from the airport by the customer unless otherwise stated or agreed to in advance.
4.7 Payments can be made by credit, debit cards, and cash. A full receipt can be emailed direct to you or hand written receipt may be supplied by your driver.
5. Passenger Conduct
5.1 During the provision of any Passenger Services, the Customer and all their accompanying passengers must:
(a) not smoke, including electronic cigarettes;
(b) not play any musical instrument or broadcast any recorded music;
(c) not consume alcohol nor be intoxicated;
(d) wear a seatbelt at all times whilst in the Vehicle;
(e) not engage in excessive physical contact;
(f) not behave in a disorderly, inappropriate, threatening or abusive manner, or be a nuisance, distraction or a danger to the Driver or other road users;
(g) unload and load your own luggage (including any bicycle or pet). Drivers may assist at their discretion and at your sole risk; and/or
(h) not film or record inside the Vehicle at any time.
5.2 If the Customer and any of their passengers do not comply with the above conditions, Network Cars reserves the right to cancel, discontinue or refuse to commence the Booking and the passenger may be charged a Cancellation Fee.
5.3 Drivers may, at their discretion, assist you or your Passengers needing assistance to enter or exit the Vehicle, but shall do so at your sole risk.
6. Cancellations
6.1nThe Customer may cancel a Booking without charge in the following circumstances:
(a) you made a Booking and a Driver has not been allocated to the said Booking.
(b) you made an ASAP Booking and the Driver takes more than 10 minutes longer to arrive at the Collection Address than originally quoted; or
(c) you made a Pre-Booked Booking and you have not received any notification advising you that your Driver is on the way or details of your Driver such as the Vehicle licence plate number and the Driver’s contact details prior to the scheduled pick-up time.
6.2 Where you or your Passengers do not appear for the Booking, a Cancellation Fee shall be charged.
6.3 Once a Vehicle has been allocated, subject to the location of the Collection Address, proximity of the allocated Vehicle to the Collection Address and available Vehicle at the time of the cancellation request, the cancellation fee shall be up to a maximum total of 100% of the quoted booking charge.
7. General Obligations
7.1 Network Cars will use all reasonable effort to ensure that we, provide a Vehicle which is in good working order and of the type requested by the Customer when making the Booking. If the particular type of Vehicle requested is not available, a reasonable alternative Vehicle or Courier Services Vehicle will be provided. While we shall use all reasonable endeavours to provide the Passenger Services within the timeframes indicated in the Booking, time shall not be of the essence.
7.2 We shall be entitled to exercise a lien over any Goods and/ or property belonging to any Passenger until we receive full payment of any Charges and/or Additional Charges due to us.
7.3 We shall be entitled to vary the Charges and Additional Charges from time to time
8. Airport Bookings
8.1 Customers must not use our Booking Channels to do any of the following (each of which is strictly prohibited):
(a) restrict or inhibit any other user from using and enjoying the Booking Channels;
(b) infringe the privacy rights, property rights, or other civil rights of any person;
(d) harvest, data-mine or otherwise collect information about others, including email addresses, without their consent;
(e) use technology or other means to access our computer network, unauthorised content or non-public spaces;
(f) to use automated systems or software to extract data from our Site, our App or any platform that we operate;
(g) introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or otherwise or limit the Booking Channel’s functionality, or damage, disable or otherwise impair our servers or networks or attempt to do the same; or
(h) engage in or encourage others to engage in criminal or unlawful conduct or breach these Terms including misuse of the Booking Channels for unlawful or unauthorised purposes.
8.2 You agree not to breach these Terms in any way which may result in, amongst other things, termination or suspension of your access to the Booking Channels. You agree to indemnify and defend Network Cars and the directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use (or misuse) of the Booking Channels or any platform we may operate, or your breach of these Terms.
9. Intellectual Property
9.1 All Intellectual Property Rights belonging to Network Cars including all related Intellectual Property Rights and moral rights to any modifications, derivative works, suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to those Intellectual Property Rights shall remain vested in Network Cars.
9.2 All Intellectual Property Rights in or to any Network Cars brand or trade mark shall remain vested in Network Cars. You may not use the Network Cars trademarks or brands for any purpose without Network Car’s prior written consent.
9.3 All Intellectual Property Rights in or to the Booking Channels shall remain vested in Network Cars.
9.4 Where the Customer uses our Website or App to receive Services, Network Cars grants to the Customer a royalty-free, non-exclusive, revocable, worldwide, non-transferable, non-sub licensable licence to use the said Website and App for the sole purpose of receiving the Services.
9.5 All Intellectual Property Rights in or arising out of or in connection with the Booking Channels and/or the Services shall be owned by Network Cars (“Developments“). You shall assign to Network Cars, or shall procure the assignment to Network Cars of, all such rights (whether presently existing or to be created in the future) and agrees to execute, or procure the execution of, all documents reasonably necessary to give effect to Network Cars’ title to the Intellectual Property Rights in Developments.
10. Liability
10.1 Nothing in these Terms will exclude or limit any liability:
(a) for death or personal injury caused by negligence;
(b) for fraudulent misrepresentation or for any other fraudulent act or omission;
(c) to pay sums properly due and owing in the normal course of performance of the Services and/or these Terms.; and/or
(d) for any warranty implied by law and/or for any other liability which may not lawfully be excluded or limited.
10.2 Network Cars are not liable to the Customer whether for breach of contract, tort (including negligence), breach of statutory duty or otherwise) for any:
(a) loss of profit;
(b) loss of sales, turnover, revenue or business;
(c) loss of customers or contracts;
(d) loss of or damage to reputation or goodwill;
(e) loss of opportunity;
(f) loss of software or data;
(g) loss or waste of time; and/or
(h) indirect, consequential or special loss
arising out of or relating to these Terms, whether or not such loss was foreseeable or if such loss was advised of its possibility (and, for the purposes of this section 10.2, the term “loss” includes a partial loss or reduction in value as well as a complete or total loss).
10.3 Network Cars shall not be liable or responsible for any errors in or failure to provide the Services due to your error or failure to provide accurate and complete information.
10.4 Whilst we make every effort to ensure that the Booking Channels are available, we do not enter into any agreement to the effect that the Services and/or the Booking Channels will be available at all times or that the use by you of the Booking Channels will be entirely uninterrupted or error-free.
10.5 Except as otherwise set out in this section 10 Network Cars’ total liability to the Customer arising out of or relating to these Terms and/or any Contract and/or the Services and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) shall be limited to the higher of the following:
(a) in relation to any Services provided pursuant to a Contract for all claims arising from, or in relation to, any given event or series of connected events, the amount of the Charges payable (whether or not yet paid) by you to Network Cars; or
(b) in the aggregate under these Terms: £50 (fifty-pounds sterling).
11. Termination and Modification
11.1 We may modify these Terms or terminate use of the Services, and/or the Booking Channels at any time by publishing such change on our website, www.network-cars.co.uk or any other Booking Channel that we make available at our sole discretion. If you do not agree to any changes, you must stop using the Services and the Booking Channels. We reserve the right to change, suspend, terminate, discontinue and/or cease the operation of all or part of the Services and/or one or more (or all) of the Booking Channels (including for the avoidance of doubt any aspect of the Services and/or the Booking Channels) from time to time at our sole discretion.
12. Force Majeure
12.1 We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from a circumstance not within our reasonable control. In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations.
13. Severability
13.1 If any provision of these Terms is deemed or becomes invalid, the validity of the other provisions shall not be affected.
14. Contracts (Rights of Third Parties)
14.1 The Contracts (Rights of Third Parties) Act 1999 is excluded from these Terms SAVE AS set out in these Terms
15. Governing Law and Jurisdiction
15.1 The Customer agrees that these Terms for all purposes, shall be governed by and construed in accordance with the laws of England and Wales. The Customer also agree to submit to the exclusive jurisdiction of the courts of England and Wales as regards any claim or matter arising under these Terms.
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