TERMS AND CONDITIONS OF TRADING
1- DEFINITIONS
In this Agreement and each Booking, the following definitions apply:
Account – means a client account opened with Birmingham Airport Transfer/Transfers under which the Client is allocated an Account Number enabling the Client to submit orders for Bookings on the extended credit terms set forth in this Agreement;
Account Number – the confidential identification number allocated by Birmingham Airport Transfer/Transfers to the Client;
Additional Services – those additional services which may be provided by Birmingham Airport Transfer/Transfers during a Booking for Private Hire Services, including, but not limited to: airport meet and greet; waiting time; request for executive or MPV vehicles; use of driver’s mobile phone; parking fees; additional stops; soilage and supply of baby seats;
Affiliates – In relation to Birmingham Airport Transfer/Transfers, each and any subsidiary or holding company of Birmingham Airport Transfer/Transfers from time to time;
Agreement Commencement Date – the date of execution of this Agreement;
Booking – means a booking made by a Client for Services, howsoever communicated to us, as evidenced by our records; and any booking made by customers/client with Birmingham Airport Transfer/Transfers will booked & insured on our head office company BTS Professional Cars system registered company name under BTS Professional Ltd.
Booking Reference – the references allocated to the Booking pursuant to clause 3.6;
Booking Request – a request made by the Client to Birmingham Airport Transfer/Transfers for a Booking made either in writing, orally or via the Birmingham Airport Transfer/Transfers online web application in accordance with the provisions of clause 3.
Business Day – a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
Taxi Card- the booking card issued by and on behalf of Birmingham Airport Transfer/Transfers under which Clients can make Bookings;
Taxi Network – the authorised Network Partners who provide passenger services with whom the Client may make Bookings using a Taxi Cardin accordance with the terms of this Agreement.
Charges – the charges for the supply of the Services by Birmingham Airport Transfer/Transfers as set out in the Price List, communicated to the person making the booking; or the charge rate agreed between Birmingham Airport Transfer/Transfers and the Client as applicable.
Christmas Period – means between 18:00 hours on 24 December to 23:59 hours on 26 December, in any year, and from 18:00 hours on 31 December to 23:59 on 1 January, in any year.
Birmingham Airport Transfer/Transfers – Means BTS Professional Ltd incorporated under company number 13902421 whose registered head office is 1 Alcombe Grove, Stechford, Birmingham, B33 8SB (or its subsidiaries or associated companies which provides Services to Clients under these trading terms).
Client –means any person(s), firm or company which books services with Birmingham Airport Transfer/Transfers.
Contract – an agreement for the provision of Services by Birmingham Airport Transfer/Transfers to the Client upon acceptance of a Booking incorporating the terms of this Agreement;
Credit Limit – the total credit amount extended to the Client in a calendar month; or depend on the company to decide.
Driver – means any person who drives a Taxi, Private Hire or Coach Vehicle.
Journey – a journey undertaken by a Birmingham Airport Transfer/Transfers (or Network Partner as the case may be) vehicle for or on behalf of a Client under a Booking;
Network Partner – Your Private Hire an authorised and licensed operator by Birmingham City Council.
Price List – the list maintained by Birmingham Airport Transfer/Transfers of the Charges for the Services as updated from time to time or as agreed with the client in writing.
Services – Taxi Booking and Account Services provided by Birmingham Airport Transfer/Transfers (or a Network Partner as the case may be) to the Client pursuant to a Booking including, but not limited to, the Private Hire Services and/or the Taxi Services and/or Coach Services
Taxi Services – the provision of booking taxi services to be provided by Birmingham Airport Transfer/Transfers will be booked through BTS Professional Cars system under company registered name BTS Professional Ltd or a Network Partner as the case may be;
Vehicle / Vehicle Type – means a Passenger Vehicle
Waiting Time Charge – the charge levied when a driver is required to wait for collection as more particularly set out in the Price List.
2- INTERPRETATION
2.1 The following definitions and rules of interpretation apply in this Agreement and each Contract:
2.1.1 Clause, schedule and paragraph headings shall not affect the interpretation of the Agreement or any Contract.
2.1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
2.1.3 A reference to a company shall include any company, corporation or other corporate body, wherever and however incorporated or established.
2.1.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural, shall include the singular and any reference to one gender shall include a reference to the other genders, and the neuter.
2.1.5 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision.
2.1.6 A reference to writing or written includes fax and email.
2.1.7 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
2.1.8 A reference to this Agreement or to any other agreement or document referred to in this Agreement is a reference to this Agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this agreement) from time to time.
2.1.9 References to clauses are to the clauses of the Agreement;
2.1.10 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
3- BOOKING PROCESS
3.1 Prior to making any Booking, the Client shall first open an Account with Birmingham Airport Transfer/Transfers and Birmingham Airport Transfer/Transfers shall allocate the Client an Account Number.
3.2 Submission of a Booking Request shall constitute an offer by the Client to purchase the Services in accordance with the terms and conditions set out in this Agreement and as communicated to the Client.
3.3 When making a Booking Request the Client must specify:
3.3.1 its Account Number (and any Booking made using that Account Number shall be deemed duly authorised by the Client and the Client shall be liable for all related Charges);
3.3.2 the Services requested;
3.3.3 the date and time the Services are requested for;
3.3.4 the collection address;
3.3.5 the destination address;
3.3.6 the Vehicle Type required.
3.4 The Client is responsible for ensuring that the terms of the Booking Request are complete and accurate.
3.5 No Booking Request shall be deemed to be accepted by Birmingham Airport Transfer/Transfers until it is confirmed by Birmingham Airport Transfer/Transfers in writing or over the phone at which point the Contract shall come into existence. Birmingham Airport Transfer/Transfers may, in its absolute discretion, decline to accept any Booking Request.
3.6 Birmingham Airport Transfer/Transfers shall assign each Booking with a Booking Reference and shall confirm the Booking Reference in the Booking confirmation. Each party shall refer to the Booking Reference in any subsequent communications relating to the Booking.
3.7 Each Contract:
3.7.1 shall be deemed entered into by the Client and Birmingham Airport Transfer/Transfers;
3.7.2 forms a separate contract between its parties.
3.8 Bookings fulfilled by Networks Partners are done so with Birmingham Airport Transfer/Transfers acting a agent for BTS Professional Cars registered company name under BTS Professional Ltd (Head Office) as the disclosed agent of the Network Partner for the purpose of booking platform bookings between the Network Partner and the client. The Network Partner acts as Principal to the client and is subject to these terms.
3.9 Bookings carried out by Network Partners will be invoiced from BTS Professional Cars through registered head office address in the same manner as bookings made under this Agreement with Birmingham Airport Transfer/Transfers;
3.10 Any amendment to this Agreement agreed by the Client and Birmingham Airport Transfer/Transfers in accordance with clause 10.1 shall be deemed to apply to all future Bookings accepted by Birmingham Airport Transfer/Transfers after the date of such amendment.
4- CHARGES
4.1 All Charges will be in reference to the Price List & Discount maintained by Birmingham Airport Transfer/Transfers supplied by BTS Professional Cars and communicated to the Client.
4.2 In consideration of performance of the Services, the Client shall pay the applicable Charges and any applicable VAT (without set off or deduction) in accordance with the provisions of this clause 4.
4.2.1 For Network Bookings where applicable VAT will be chargeable depending on the individual VAT status of the Network Partner.
4.2.2 At the time of opening an Account, Birmingham Airport Transfer/Transfers will set a Credit Limit applicable to the Account. Birmingham Airport Transfer/Transfers Service reserves the right to refuse to accept any further Booking Requests in the event of the Credit Limit being met or exceeded. It is the sole duty of the Client to ensure that the use of the Services is requested within the Credit Limit. Birmingham Airport Transfer/Transfers is under no duty to limit the Services provided to the Client to the Credit Limit and may, in it is absolute discretion, continue to provide the Services should the Credit Limit be exceeded. The Client shall pay the full amount of Charges incurred in that calendar month in accordance with the provisions of this clause 4, regardless of whether or not the Credit Limit has been exceeded.
4.3 Birmingham Airport Transfer/Transfers means BTS Professional Cars registered company name under BTS Professional Ltd reserves the right to vary the Price List from time to time.
4.4 Birmingham Airport Transfer/Transfers Service reserve the right to charge the Customer a surcharge for all journeys made during the Christmas Period, such surcharge will be communicated to the person making the relevant Booking.
4.5 Subject to any other written agreement between the parties, Birmingham Airport Transfer/Transfers shall invoice the Client through BTS Professional Cars monthly or weekly or daily in arears to include all incurred Charges relating to Bookings made under the Account Number.
4.6 The Client shall pay to BTS Professional Ltd/BTS Professional Cars each invoice submitted to it by Birmingham Airport Transfer/Transfers , in full and in cleared funds, within 7/14 days of the date of the invoice (‘the due date’ issued pursuant to clause 4.2.
4.7 Preferred method of payment is Bank Transfer BTS Professional Ltd/BTS Professional Cars, Payment Link provided by BTS Professional Car with reference Birmingham Airport Transfer/Transfers telegraphic transfer or BACS to such bank account as notified by us to the client.
4.8 Without prejudice to any other right or remedy that it may have, if the Client fails to pay Birmingham Airport Transfer/Transfers on the due date for payment, the Client shall pay interest on the overdue amount at the rate of 20% per annum. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.
4.9 All sums payable to BTS Professional Ltd through Birmingham Airport Transfer/Transfers under this Agreement shall become due immediately on its termination, despite any other provisions.
4.10 In the event of any dispute concerning the calculation of the Charges, such dispute shall be raised in writing within 3 days of the date of the invoice (time being of the essence) and the Client shall pay any amount not in dispute. Where no dispute is raised within this time period the Client shall be deemed to accept the amount invoiced as being properly calculated and due and payable.
5- LIABILITY
The Client’s attention is drawn particularly to this clause
5.1 Nothing in this Agreement shall limit or exclude a party’s liability for:
5.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
5.1.2 fraud or fraudulent misrepresentation; or
5.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
5.2 Subject to clause 5.1, to the fullest extent permitted by law, Birmingham Airport Transfer/Transfers shall have no liability in any way whatsoever for any liability, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Agreement.
5.3 Subject to clause 5.1 and clause 5.2, Birmingham Airport Transfer/Transfers total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with:
5.3.1 a breach of a term of this Agreement shall be limited to the fees paid under Contracts in the 12-month period preceding the date of the claim;
5.3.2 a breach of a Contract shall be limited to £150.
5.4 The Client shall indemnify and keep indemnified Birmingham Airport Transfer/Transfers from and against any costs, claims, demands, expenses and damages (whether direct or indirect) of whatever nature incurred by Birmingham Airport Transfer/Transfers arising out of or in connection with any claim, negligent act or omission, or default of the Agreement by the Client or its employees, agents or passengers.
5.5 This clause 5 shall survive termination of the Agreement.
6- TERMINATION
6.1 Either Party may terminate this Agreement by giving to the other party not less than 3 months’ written notice to terminate.
6.2 Without affecting any other right or remedy available to it, either party may terminate this Agreement with immediate effect by giving written notice to the other party if:
6.2.1 the other party commits a material breach of any term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 21 days after being notified in writing to do so;
6.2.2 the other party repeatedly breaches any of the terms of this Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement;
6.2.3 the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
6.2.4 the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (being a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
6.2.5 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
6.2.6 an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a company);
6.2.7 the holder of a qualifying floating charge over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
6.2.8 a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
6.2.9 a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the other party’s assets and such attachment or process is not discharged within 14 days;
6.2.10 any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 6.2.3 to clause 6.2.9 (inclusive);
6.2.11 the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business;
6.2.12 there is a change of control of the other party (within the meaning of section 1124 of the Corporation Tax Act 2010).
6.3 For the purposes of clause 6.2.1, material breach means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the benefit which the terminating party would otherwise derive from this Agreement. In deciding whether any breach is material no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding.
6.4 Without affecting any other right or remedy available to it, either party to a Contract may terminate it with immediate effect by given notice to the other party if any of the events set out in clause 6.1 apply.
7- CONSEQUENCES OF TERMINATION
7.1 On termination of this Agreement, howsoever arising, the Client shall immediately pay to BTS Professional Ltd/BTS Professional Cars for Birmingham Airport Transfer/Transfers all outstanding unpaid invoices and interest (as applicable), and in respect of Services supplied but for which no invoice has yet been submitted, Birmingham Airport Transfer/Transfers shall submit an invoice which shall be payable by the Client immediately upon receipt.
7.2 On termination of this Agreement, howsoever arising, any Booking accepted by Birmingham Airport Transfer/Transfers will be booked & insured through BTS Professional Cars system company registered name under BTS Professional Ltd prior to the date of termination that is to occur after the date of termination, shall also terminate, unless Birmingham Airport Transfer/Transfers, in its absolute discretion, agrees to continue to perform the Services. In such circumstances, Birmingham Airport Transfer/Transfers shall submit an invoice by BTS Professional Cars system using head office address upon the performance of the Service which shall be payable by the Client immediately upon receipt.
7.3 Termination of any Contract shall not affect any other Contract or this Agreement.
7.4 On termination of the Agreement:
7.4.1 any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination shall not be affected; and
7.4.2 the following clauses shall continue in force: clause 2 (Interpretation), clause 4 (charges), clause 5 (Limitation of liability), clause 7 (Consequences of termination), clause 10 (General).
8- GENERAL – ALL SERVICES
8.1.1 Birmingham Airport Transfer/Transfers shall deliver the Services in accordance with the degree of skill and operating practice through BTS Professional Cars which would be expected from an experienced provider of services of a similar type to the Services.
8.1.2 Birmingham Airport Transfer/Transfers shall procure that the Services are performed with due care and skill and shall use reasonable endeavours to ensure that the Services are carried out by a suitably qualified, skilled and experienced person.
8.1.3 Any dates or times specified in connection with the performance of the Services are estimates only and time shall not be of the essence for the performance by Birmingham Airport Transfer/Transfers of its obligations under a Contract.
8.1.4 Birmingham Airport Transfer/Transfers makes no guarantee that any passenger shall be delivered within the Client’s stipulated time period (if any) and/or within any time period stated by Birmingham Airport Transfer/Transfers. In particular, Birmingham Airport Transfer/Transfers or BTS Professional Cars registered company name under BTS Professional Ltd cannot be held responsible for any delays caused by traffic congestion, weather conditions, incidents on road, or vehicle mechanical failure, and bears no liability for the same or technical error on website issues or orders delay or order wrong size car for pick-up.
8.1.5 To the extent permitted by law, we shall not be liable in any way whatsoever for the acts or omissions of any network partners 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.
8.1.6 Any Client property is carried entirely at the Client’s own risk and Birmingham Airport Transfer/Transfers accept no responsibility for any loss or damage to the Client’s property.
8.1.7 A reasonable amount of ordinary passenger luggage may be allowed to be carried in the vehicle at the absolute discretion of the driver. If, in the reasonable opinion of the driver, the luggage amounts to an excessive weight, or poses a threat or danger to the driver, the vehicle, or passengers, the driver may refuse to carry such luggage.
8.1.8 Birmingham Airport Transfer/Transfers bears no responsibility to any luggage left by the Client in the vehicle, but will use best endeavours to try to return the luggage via its drivers or Network Partners with extra cost charge.
8.1.9 Birmingham Airport Transfer/Transfers shall not be responsible for any property left by the Client in any vehicle. Where property is found Birmingham Airport Transfer/Transfers will use best endeavours to try and return the property and will store this for a period of one month and will be entitled to deal with this appropriately in its absolute discretion as Birmingham Airport Transfer/Transfers see fit.
8.1.10 Birmingham Airport Transfer/Transfers reserves the right (and delegates to its drivers the right) to refuse to carry any person who is thought to be under the influence of alcohol or drugs and/or whose behaviour is considered to pose a threat to the driver, the vehicle, or other passengers.
8.1.11 Clients will be held responsible for any damage to vehicles, fittings or equipment, caused through negligence, misconduct or any default of the Client or any passenger travelling with the Client. During the Journey Clients are not permitted to:
smoke, consume alcohol or drugs or engage in any other illegal activity;
carry any animal (except for registered guide dogs) save for where permission was granted at the time of Booking, and where permitted, such animal must be carried in a suitable box or cage or appropriately restrained,
and Birmingham Airport Transfer/Transfers reserves the right, in its absolute discretion to cancel or refuse to carry out any Booking where in the opinion of the driver the Client is in breach of the above.
8.1.12 Birmingham Airport Transfer/Transfers reserves the right to charge a reasonable repair or cleaning charge in the event of any spillage or soiling or other contamination or damage to a vehicle caused by the Client.
8.1.13 All Clients are required to use seatbelts at all times.
8.1.14 The Client may cancel a Booking by notifying Birmingham Airport Transfer/Transfers as soon as possible within 12 hrs notice time of the actual booking time otherwise Birmingham Airport Transfer/Transfers reserves the right to charge a Cancellation Fee in full or depend on company decision for any cancelled Bookings depending on how far in advance cancellation was made prior to pick up date and time. Bookings cancelled while driver has been assigned or arrived at pick up point will be charged at full rate. Any advance bookings cancelled should be cancelled with 24-hour advance notice otherwise no refund will be given.
8.1.15 where requested, Birmingham Airport Transfer/Transfers will issue the Client with Taxi Cards unique to the cardholder’s name encompassing the Taxi Card.
8.1.16 The Client hereby authorises Birmingham Airport Transfer/Transfers (BTS Professional Ltd) to make any payments in respect of Bookings undertaken by a Network Partner to the Network Partner and fully indemnifies Birmingham Airport Transfer/Transfers in respect of all and any costs, charges and expense incurred by Birmingham Airport Transfer/Transfers (BTS Professional Ltd) in making such payment.
9- TAXI CARDS
9.1.1 The Client shall:
take all reasonable measures to ensure the proper use of the Taxi Card;
notify Birmingham Airport Transfer/Transfers of the identity of all persons authorised to use the Taxi Card on behalf of Client;
not permit any person other than a proper or duly authorised party to use the Taxi Card and shall be fully responsible for the Bookings made by a person using its Taxi Card;
cease to use the Taxi Card service promptly after the relevant Taxi Card and authority numbers cease to be valid;
immediately notify Birmingham Airport Transfer/Transfers by email with full details on becoming aware that:
the Taxi Card has been lost or stolen;
the authority numbers have been irregularly or incorrectly disclosed;
any previously authorised person has had such authority terminated
9.1.2 Validity – the Taxi Card shall cease to be valid:
on the expiry date shown on the Taxi Card;
on the day in which Birmingham Airport Transfer/Transfers ceases to provide the Taxi Card service;
when Birmingham Airport Transfer/Transfers is notified of any of the events set out in paragraph 9.1.1d.
9.1.3 The Client shall pay to Birmingham Airport Transfer/Transfers all applicable Charges notwithstanding that some Charges may have been incurred without the full authority of the Client in breach of paragraph 9.1.1b.
10- GENERAL
VARIATION
10.1 Birmingham Airport Transfer/Transfers may from time to time vary the terms of this Agreement and shall, as soon as reasonably practicable, notify the Client of any such variations. The Client shall then have 21 days from the date of such notice decline such variations and may serve notice to terminate the Agreement in accordance with the provisions of clause 6. In the absence of any objection to the notice of variations during the objection time period, the Client shall be automatically be deemed to accept the variations as notified.
WAIVER
10.2 A waiver of any right or remedy under this Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
10.3 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
RIGHTS AND REMEDIES
10.4 Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
SEVERANCE
10.5 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
10.6 If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
ENTIRE AGREEMENT
10.7 This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
10.8 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
FORCE MAJEURE
10.9 Birmingham Airport Transfer/Transfers shall not be in breach of any provision of this Agreement nor liable for delay in performing, or failure to perform any of its obligations under it where any such delay or failure is as a result from events or circumstances beyond its reasonable control.
ASSIGNMENT AND OTHER DEALINGS
10.10 Birmingham Airport Transfer/Transfers may assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under this Agreement.
NO PARTNERSHIP OR AGENCY
10.11 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
10.12 Each party confirms it is acting on its own behalf and not for the benefit of any other person.
THIRD PARTY RIGHTS
10.13 With the exception of any Affiliate providing Services under the terms of this Agreement, a person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
NOTICES
10.14 Any notice given to a party under or in connection with this Agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case).
Any notice shall be deemed to have been received:
10.14.1 if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
10.14.2 if sent by pre-paid first-class post or other next working day delivery service, at 9.00am on the second Business Day after posting or at the time recorded by the delivery service.
10.15 The provisions of clause 10.14 do not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
COUNTERPARTS
10.16 This Agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
10.17 No counterpart shall be effective until each party has executed at least one counterpart.
GOVERNING LAW
10.18 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
JURISDICTION
10.19 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims)
Terms and Conditions Explanation
Vehicle Oder Type
It is the passenger’s responsibility to ensure that they order the correct type of vehicle in order to carry the numbers of passengers and luggage. Vehicle type can be changed after booking by sending an email request to info@birminghamairporttransfer.uk call made on (+44) 01218036903 prior to 24 hours before the actual pick up time.
Prices
Prices quoted online and paid are for passengers being ready to travel at the booked time for the selected vehicle not for per passenger and price can be change depend on booking time or vehicle been used.
Phone Bookings
All phone bookings available 24 hours and are taken with great care and detailed attention to ensure accuracy is maintained. Some of the bookings may be recorded for training and verification purposes. We will not be held liable for any incorrect information provided by third party.
Booking Confirmations
We will send e-mail confirmations to all of our passengers or by phone text , provided they have included a valid e-mail id with their booking. This will include phone bookings as well as web bookings, if you don’t receive the confirmation mail or text before your booking day or (for last minute booking 30 minutes), please call us on (+44) 01218036903 or email us on info@birminghamairporttransfer.ukto check it (before you do that, please check your spam folder of your mail box).
Please note that passengers booked for the two way journeys must reconfirm the return pick up booking by email info@birminghamairporttransfer.ukor by telephone on (+44) 01218036903 or 24 hours before the pick-up time and not earlier than 72 hours, failure to do that will result in cancellation or no booking will be made for the return journey regardless of payment made in advance. If you know you will have problem in reconfirming the return journey, please do the special arrangements by email us to get the return journey booking confirmation email and make sure you obtain the return journey booking reference no.
Payments
1.Payments can be made by the following methods:
Customer can book their taxi online through our website & pay now secure option.
2. Prepay by Credit/Debit Card using Sum-up Machine or I-Zittle through pay link text on your mobile phone.
3. Customer can select pay cash option but they will need to submit minimum deposit set by the company via link text pay to secure their booking.
4. We also offer driver with card machine so customer can pay to their driver with Credit/Debit Card.
Fraud Prevention
To protect our drivers and passengers’ safety we have implemented a random installation of security cameras in our cars.
Any online credit/ debit card bookings will be subject to verification and passengers may be asked to provide ID with the credit/ debit card.
Waiting Time Charges
All pickups from the airports and hotels are allowed 7 minutes free waiting from the landing time/arrival time or pre agreed pick up time. Any further waiting time will be charged at 30p per minute added to their fares and passengers need to pay in cash/card to driver. Flight delays are exempt from these charges.
Pickups from home, hotel, offices and other venues are allowed 5 minutes from the actual booked time, thereafter 30p per minute (minimum £5.00) will be added to the fare quoted.
Additional Passengers and Luggage
Additional passengers and luggage’s may be added with the permission of Birmingham Airport Transfer/Transfers to the car ordered but not exceeding the numbers per vehicle type ordered. This is customer responsibility to choose right vehicle for the trip and select luggage right numbers if confuse then contact us on (+44) 01218036903 or 07511122297.
Additional Drop offs and Pick ups
Additional drop offs and pickups will be charged per mile with a minimum fee of vehicle size and company decision per diversion.
Booking Cancellations
A booking can be cancelled in advance by giving 12 hours’ notice. A fee of £5.00 or 7% of total fare whichever greater will be deducted for any pre-paid transfers which are cancelled. For cash bookings there will be no charges applicable for cancellations notified prior to 12 hours of the pick-up .
Any booking made on the basis of paying cash to the driver secured with a credit card or debit card will be charged the full fare in the event of cancellations notified under 12 hours.
All pre-paid booking cancellation notified under 12 hours will not be refunded.
If the driver outside your door and booking cancellation will cost you full amount paid through card payments or online.
Missed Flights
If the passenger missed a flight this information must be informed to us immediately so that we will notify the driver not to enter the airport for that pick up. If the journey was pre-paid it will be refunded after deducting £5.00 or 7% of total fare whichever greater for bank charges. However, if the passenger wishes to take a later flight, we will provide the service at no extra cost.
No Show
No show is defined as follows: If passenger books a private hire car with us and failed to meet the driver on pick up time, this will include home, hotel and other private address.
This will include wrong date wrong time bookings. If a passenger books a pick up from an airport and fails to meet the driver in the arrival car park. This means that the driver will wait in the arrival car park after spoken to customer for 7 mins from flight landing time and if the passenger fails to meet within this time limit or make no contact to inform their status at the airport will be considered as a no show.
All bookings made online or over the phone on basis of paying cash/card to the driver, but secured with a valid credit or debit card will be charged the full amount in the event of a no show.
All bookings pre-paid by a credit or debit card will not be refunded in the event of a no show.
Routes
The driver will take the route to a destination by considering the following facts: the traffic, time, road closures, diversions.
Liabilities
The company accept no liability for the following: Severe traffic delays, road closures, extreme and poor weather conditions or mis your flight or meeting.
Special Fares
Our Prices will be extra (mean total time & half) with total fare on the following dates; 24th, 25th, 26th, 31st December and 1st January. This is due to limited drivers available for work during seasonal periods.
