 |
| |
1.1 In these Conditions:-
"These Conditions" means the standard terms and conditions of sale set
out in this document and (unless the context otherwise requires)
includes any special terms and conditions agreed in writing between the
Passenger and the Provider; "The Passenger" means the person who
accepts a quotation or offer of the Provider for the sale of Services
or whose order for the Services is accepted by the Provider; "The
Provider" means UKATN - UK Airport Transfer Network. "The Contract"
means the contract for the provision of airport transfer services under
these Conditions; "The Service" means the service of transport to or
from airports (including any instalment of the service or any multiple
services) which the Provider is to supply in accordance with these
Conditions; 1.2 Any reference in these Conditions to a statute or
a provision of a statute shall be construed as a reference to that
statute or provision as amended, re-enacted or extended at the relevant
time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2.1 The Provider shall sell and the Passenger shall purchase the
Service in accordance with any quotation or offer of the Provider which
is accepted by the Passenger, or any reservation of the Passenger which
is accepted by the Provider, subject in either case to these
Conditions, which shall govern the Contract to the exclusion of any
other terms and conditions subject to which any such quotation is
accepted or purported to be accepted, or any such reservation is made
or purported to be made, by the Passenger.
2.2 A contract will only come in to being upon the acceptance of the
Provider of the reservation and the following conditions shall be
deemed to be incorporated in the contract. The passenger accepts these
terms & conditions by placing a reservation, booking with the
provider via but not limited to the providers; web site
(http://www.exclusiveairports.com), via telephone, or via any representative
agent.
2.3 The Contract will be subject to these conditions. The provider
reserves the right to revise these terms & conditions at any time
without prior notice at its sole discretion. Any revised terms and
conditions will be posted on the providers web site and will come into
effect 1hour after posting.
2.4 No reservation submitted by the passenger shall be deemed to be
accepted by the provider unless and until confirmed in writing by email
telephone or otherwise by an authorised representative of the provider.
2.5 The specification for the services shall be those set out in the
providers sales documentation unless varied expressly in the passengers
reservation (if accepted by the provider). The service will only be
supplied as stated in the providers price list. Reservations received
other than these will be adjusted accordingly. Illustrations,
photographs or descriptions whether in the website, brochures, price
lists or other documents issued by the provider are intended as a guide
only and the contents shall not be binding on the Provider.
2.6 The Provider reserves the right to make any changes in the
specification of the services which are required to conform with any
applicable safety or other statutory or regulatory requirements or,
where the services are to be supplied to the Providers specification,
which do not materially affect their performance.
2.7 Sub- contracting companies are not authorised to make any
representations or claims concerning the service unless confirmed by
the Provider in writing by email, telephone or otherwise. In entering
into the Contract the Passenger acknowledges that it does not rely on,
and waives any claim for beach of, any such representations, which are
not so confirmed.
2.8 No variation to these Conditions shall be binding unless agreed in
writing by email, telephone or otherwise between the authorised
representations of the passenger and the provider.
2.9 Sales literature, price lists and other documents issued by the
provider in relation to the service are subject to alteration without
notice and do not constitute offers to sell the service, which are
capable of acceptance. A reservation placed by the passenger may not be
withdrawn cancelled or altered prior to acceptance by the provider. No
contract for the offer of service shall be binding on the provider
unless the provider has issued a quotation which is expressed to be an
offer of service; or has accepted a reservation placed by the
passenger, by whichever is the earlier of:-
2.9.1 the Providers written acceptance;
2.9.2 delivery of the service;
2.10 Any typographical, clerical or other accidental errors or
omissions in any sales literature, quotation, price list, acceptance of
offer, invoice or other document or information issued by the Provider
shall be subject to correction without any liability on the part of the
Provider.
2.11 The price of the Service shall be the price listed in the
Providers published price list current at the date of acceptance of the
passengers reservation or such other price as may be agreed in writing
by the provider and the passenger.
2.12 Where the provider has quoted a price for the service other than
in accordance with the Providers published price list the price quoted
shall be valid for 24 hours only or such other time as the Provider may
specify.
2.13 The Provider reserves the right, by giving notice to the Passenger
at any time before delivery, to increase the price of the service to
reflect any increase in the cost to the provider which is due to any
factor beyond the control of the provider (such as, without limitation,
any foreign exchange fluctuation, currency regulation or alteration of
duties, any change in delivery dates, quantities or specifications for
the service which is requested by the Passenger, or any delay caused by
any instructions of the Passenger or failure of the Passenger to give
the Provider adequate information or instructions.
2.14 The Provider reserves the right to use the services of contractors
or sub-contractors (herein known as third parties) to provide services
to Passengers. Where appropriate details i.e. names, addresses of any
such third parties will be provided by the Provider upon any reasonable
request and at the discretion of the Provider.
2.15 Reservations made for service on the following dates will be
subject to an additional surcharge of 50% on published prices:
24,25,26, December & 1 January.
2.16 A maximum time of 1 hour for address collections & 3 hour's
for airport collections will be allocated, whereupon non-contact with
passengers will classify the reservation to be a no show & will be
subject to clauses 3.2 & 4.33
2.17 All payments that are made in any other form than cash (pounds
sterling) to the Provider for the provision of service & on any
confirmed reservations made with the provider directly or indirectly
will result in a charge (booking fee) to the passenger of £3.00
sterling (in addition to any cash payment & or discounted price).
3.1 The Providers (herein known as Exclusive Airports) prices are based on
Passengers being ready to travel at the booked time. Passengers must
book their airport transfer in accordance with check in times and
guidelines provided by their relevant airline.
3.2 All meets apart from airports waiting time are free for the first 5
minutes; thereafter you will be charged 35p per minute on the entire
waiting time. Airports meets: 30 minutes free waiting time from the
time of landing (additional free waiting time can be requested at time
of booking), thereafter you will be charged 35p per minute. (There is
no additional charge for flight delays).
3.3 Fares quoted are flat rates. Any diversions, additional set downs
or pickups by passengers will incur a minimum charge of £5.00 per
diversion. Fares quoted that are not booked will have a validity of 24
hours. Exclusive Airports reserve the right of altering any prices without
prior notification however any quote/booking confirmed by Exclusive Airports
will remain binding.
3.4 Neither Exclusive Airports nor any of its contracted or sub-contracted
drivers will accept responsibility for loss or damage to luggage.
Passengers are responsible for ensuring that their luggage is
loaded/unloaded at all times, if accompanying the luggage on the
journey. Exclusive Airports & or its contracted or sub-contracted drivers
have the right to refuse any passenger or to make the journey due to
the passenger having excess luggage which would result in the vehicle
being unsafe whilst in motion.
3.5 Vehicles are booked by Passengers as requested. Saloon and Estate
cars carry a maximum of 4 passengers & luggage. Vehicles to carry a
larger no of passengers & luggage are available & are to be
booked as required, (for luggage limitations & vehicle types and
relevance view vehicles).
3.6 Exclusive Airports will not carry in its vehicles any of the following:
Explosives, firearms, flammables, tear gas, mace, pepper spray
Perishables
Fragile, breakable, or temperature sensitive items
Pets, insects, animals (other than registered Guide Dogs for the visually impaired)
Cash
Hazardous waste
Pressurized containers
Securities and negotiable papers
Human remains
Alcoholic beverages, or anything containing alcohol
Illegal narcotics/drugs
Exclusive Airports reserves the right to disallow additional goods at any time
3.6.1 In the instance where un accompanied luggage is transported. You agree to defend, indemnify and hold The Exclusive Airports and its owners, workers, clients, agents, and driver harmless from all claims, demands, causes of actions, damages, liabilities, costs and expenses, including attorneys' fees, arising from or related to your acts or omissions in connection with your use of the Service and omissions in relation to clause 3.6 in its entirety.
3.6.2 In the instance where un accompanied luggage is transported. Exclusive Airports will try its level best to deliver the luggage to the exact destination as booked by the passenger. If the driver is unable to obtain a signature for the receipt of luggage on such delivery. The driver is within his remit to return the luggage to our head office where storage and additional delivery costs may be incurred.
|
|
|
| |
4.1 No reservation which has been accepted by the Provider may be
cancelled by the Passenger except with the agreement in writing, by
email, telephone or otherwise of the Provider and on terms that the
Passenger shall indemnify the Provider in full against all loss
(including loss of profit), costs (including the cost of all labour and
materials used), damages, charges and expenses incurred by the Provider
as a result of cancellation.
4.2 Vehicles that are booked by Passengers that are not suitable for
the purpose for which they have been booked for as in clause 3.5 will
be subject to clause 4.3.3. Vehicles that are cancelled by passengers
after reservation acceptance by the provider shall incur a £10.00
charge.
4.3 Cancellation's must be informed of a minimum of 24 hour's prior to the time of booking by: Telephone:0845 123 5152
4.3.1 Cancellation's informed 24 hours + prior to the time of booking £10.00 cancellation charge incurred.
4.3.2 Cancellation's informed 3 to 24 hour's prior to the time of
booking cancellation charge incurred: 50% of quoted price for provision
of service .
4.3.3 Cancellation's not informed up to 3 hour's prior to the time of
booking cancellation charge incurred: 100% of quoted price for
provision of service.
5.1 The Provider shall not be liable to the Passenger or be deemed to
be in breach of the Contract by reason of any delay in delivery or in
performing, or any failure to perform, any of the Providers obligations
in relation to the Service, if the delay or failure was due to any
cause beyond the Providers reasonable control. Without prejudice to the
generality of the foregoing, the following shall be regarded as causes
beyond the Providers reasonable control directly or indirectly:-
5.1.1 act of God, explosion, flood, tempest, fire or accident;
5.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
5.1.3 acts, restrictions, regulations, byelaws, prohibitions or
measures of any kind on the part of any governmental, parliamentary or
local authority;
5.1.4 traffic accidents, traffic hold ups, traffic congestion;
5.1.5 strikes, lockouts or other industrial actions or trade disputes
(whether involving employees of the Provider or of a third party);
5.1.6 flight delays, flight cancellations;
5.1.7 power failure or breakdown in machinery including computer systems.
5.2 Subject as expressly provided in these Conditions, all warranties,
conditions or other terms implied by statute or common law are excluded
to the fullest extent permitted by law.
5.3 Except as expressly provided in these Conditions, the Provider
shall not be liable to the passenger by reason of any representation,
or any implied warranty, condition or other term, or any duty at common
law or under statute, or under the express terms of the Contract, for
any direct or consequential loss or damage sustained by the Passenger
(including, without limitation, loss of profit or indirect or special
loss), costs, expenses or other claims for consequential compensation
whatsoever (and whether caused by the negligence of the Provider, its
servants or agents or otherwise) which arise out of or in connection
with the supply of the services.
5.4 If clause 4.2 applies then without prejudice to any other right or
remedy available to the Provider, the Provider shall be entitled to
cancel the Contract or suspend any further deliveries under the
Contract without any liability to the Passenger, and if the Services
have been delivered but no paid for the price shall become immediately
due and payable notwithstanding any previous agreement or arrangement
to the contrary.
5.5 The Passenger undertakes to the Provider that:-
5.5.1 the Passenger will regard as confidential the Contract and all
information obtained by the Passenger relating to the business and/or
products of the Provider and will not use or disclose to any third
party such information without the Providers prior written consent
provided that this undertaking shall not apply to information which is
in the public domain other than by reason of the Passengers default;
5.5.2 the passenger will use all reasonable endeavours to ensure
compliance with this condition by its employees, servants and agents.
This Condition shall survive the termination of the contract.
6.1 No waiver by the provider of any breach of the Contract by the
passenger shall be considered as a waiver of any subsequent breach of
the same or any other provision.
6.2 If any provision of these Conditions is held by any competent
authority to be invalid or unenforceable in whole or in part the
validity of the other provisions of these Conditions and the remainder
of the provision in question shall not be affected thereby.
6.3 The Contract shall be governed by the laws of England & Wales.
We are committed to protecting your privacy. We will only use the
information that we collect about you lawfully (in accordance with the
Data Protection Act 1998). We collect information about you for 2
reasons: firstly, to process your booking and second, to provide you
with the best possible service. We will not send out marketing e-mail
to you in the future unless you have given us your consent.
We will give you the chance to refuse any marketing email from us or
from another trader in the future. The type of information we will
collect about you includes your name, address, phone number, email
address and your credit/debit card details. We will never collect
sensitive information about you without your explicit consent.
The information we hold will be accurate and up to date. You can check
the information that we hold about you by emailing us. If you find any
inaccuracies we will delete or correct it promptly. If we intend to
transfer your information outside the EEA (European Economic Area) we
will always obtain your consent first.
We use technology to track the patterns of behaviour of visitors to our
site. This include using "cookies" which would be stored on your
browser.
|
|
|