- In this Agreement, unless the context requires:
- “Agreement” means these terms together with any Booking accepted by us in writing or via email.
- “Cancellation” means any cancellation by you of the Services after we have accepted your Booking and you have received a booking reference number.
- “Hire Period” means the period of time set out in the Booking or during which the Services are performed, whichever is longer, as amended by agreement or in accordance with this Agreement.
- “Pick-up Address” means the address stated in the Booking where the Services will commence.
- “Pick-up Time” means the date and the time or time slot set out in the Booking or communicated by you to us for commencement of performance of the Services.
- “Booking” means any booking from you or any quotation from us on your instructions to order services from us after the date of receipt of this Agreement.
- “Passenger” means any person who uses the Services or any part of them or who enters the Vehicle with the consent of another passenger, in each case whether or not the passenger is you personally, employed by you, or in any way associated with you.
- “Price” means the price for the Services required as previously agreed in a contract or quote.
- “Services” means the services of any chauffeur-driven Vehicle commencing with picking up Passengers from the Pick-up Address.
- “Unacceptable Behaviour” means not wearing a seat-belt, opening or closing doors (this must be done by the chauffeur), leaning out of the window of the Vehicle, exceeding the maximum permitted number of Passengers, smoking in the Vehicle, being under the influence of excessive alcohol or under the influence of or in possession of any illegal substance, being violent, aggressive or a danger or potential danger to himself or any other person, being excessively rowdy or being in any way in an unfit state to travel.
- “Vehicle” means the Mercedes E-Class Estate, Mercedes E-Class Saloon or Saab 95 Estate or any replacement vehicle agreed by us and you.
- “We / us / our” refers to Lord’s Cars a company registered in England with number and any future associated companies or subsidiaries.
- “writing” includes any written paper document, any fax and any email correspondence.
- “You / Your” refers to you, the client company, person or other legal entity who orders Services from us or makes a Booking.
- In this Agreement, except where the context requires otherwise:(a) words denoting any gender include all genders and words denoting the singular include the plural and vice versa; and(b) if there is any conflict between the Booking and these Terms, the provisions of the Booking shall prevail.
- In this Agreement, unless the context requires:
Bookings and Cancellations
2.1 The Booking is an offer by you to acquire and pay for the Services from us subject to this Agreement.
2.2 This Agreement applies to the exclusion of any other terms or subject to which the Booking is made or purported to be made by you. No variation to these terms is binding unless agreed in writing between authorised representatives of you and us.
2.3 All Bookings must be confirmed in writing using our booking form or by completing all necessary required fields of our on-line booking & registration service.
2.4 A Booking will lapse unless accepted by us in the form of a confirmation e-mail or a telephone call to the client making the journey, prior to the Pick-Up Time. A confirmation booking number must be received from us, for your travel reservation to be confirmed. Bookings made over the telephone should still be supported by a confirmation booking number and email.
2.5 All Bookings must be made at least 3 hours prior to Pick-up Time, when using the on-line booking service. For the period between 23:00 hrs and 07:00 hrs bookings can only be made by telephone.
2.6 Any extra requests or alterations to the Booking not made at the time of the Booking (for example, additional pick-up addresses, change of venue and so on) can not necessarily be complied with by us. However, we will use all reasonable efforts to meet your amended requirements although there may be an increase in the Price to reflect any changes.
2.7 You may make a Cancellation at any time for a Booking, but any Bookings cancelled within 90 minutes of the Pick-up Time will still mean that you have to pay a Price equal to 100% of the fixed Price or 50% of the estimated Price for the Booking using our standard fixed or hourly rates for the Services at the relevant time.
2.8 Whilst we will take reasonable steps to check bookings prior to the despatching of a vehicle, you will be responsible for the correctness of all information given. You will also be liable for any additional charges resulting from inaccurate information or failed collection as a result of such incomplete information.
2.9 If the chosen payment method for any booking is ‘Cash’ and under any circumstances the booking is not fulfilled by the passenger(s) without advance cancellation of such booking, the credit card belonging to the owner of the booking will be charged the full amount of the journey price. This is without exception where Lord’s Cars are not at fault for the non-fulfilment of the journey.
Performance of the Services:
3.1 We aim to perform our Services to a high standard. Please contact us if you have any complaints or suggestions.
3.2 Our chauffeurs will, unless agreed otherwise with you, wear smart attire to perform the Services.
3.3 Our chauffeurs will use their judgement to drive at reasonable speeds in relation to the prevailing road type and conditions and you may not ask our chauffeur to exceed the speed limit under any circumstances. All Lord’s Cars vehicles are equipped with in car telematics to monitor vehicle speed.
3.4 Unless we have agreed with you that a particular route should be used, our chauffeur will use the fastest route to a destination that in his opinion is the best and most convenient route for driving, this may not it is actually the shortest route. Should an unavoidable road closure or diversion be experienced whilst on the journey, the client will be given the option to take an alternative route and an additional cost may be levied.
3.5 Each Vehicle is only insured for our chauffeurs. No other person may drive the Vehicle under any circumstances.
3.6 We will use reasonable endeavours to commence the Services at the agreed time. If we fail to commence the Services within 30 minutes of the Pick-up Time for reasons within our reasonable control, you have the right to terminate the Agreement for that Booking and you will receive a full refund of any advance payment and deposit that you have paid to us, but we shall have no other liability to you.
3.7 We have no responsibility or liability to you for any delay in arriving at any destination, for any reason, after leaving the Pick-up Address.
3.8 We have no responsibility or liability to you for any delays or cancellation in your collection from the Pick-up Address as a result of severe traffic congestion, accidents, weather conditions or any other cause outside our reasonable control.
4.1 We will transport a reasonable quantity of luggage accompanying Passengers. If however, in the judgement of our chauffeur, the volume or weight of luggage is excessive, then we reserve the right to refuse to transport all or part of the luggage. Luggage amounts must be specified on making a booking to ensure the correct type of vehicle is allocated.
4.2 All property and luggage remains at all times the responsibility of you and the Passengers. We accept no responsibility or liability for any loss or damage, no matter how caused, to your property or luggage or those of Passengers
4.3 Any property left in the vehicle will be held by Lord’s Cars until reclaimed up to 6 months after the hire, thereafter the items will be disposed of.
5.1 You are expressly held responsible for the behaviour of all Passengers and for informing them of the provisions of this Agreement. You will indemnify us for any losses, costs, damages or expenses caused by any Passenger on demand, whether or not we have first made a claim against that Passenger.
5.2 In the event that any Passenger is or appears in the opinion of the Chauffeur to be carrying out or attempting to carry out any unacceptable behaviour, then we or our Chauffeur may refuse entry to that Passenger to the vehicle or may terminate the Agreement for that Booking or may cease the performance of the Services even if they are not completed and may require that Passenger to leave the Vehicle. In such circumstances, without prejudice to our other rights and remedies, you must still pay to us the full Price for the Booking and we will have no responsibility or liability for any losses or costs to you or any Passenger for any incomplete performance of the Services.
5.3 You accept responsibility and will indemnify us for any internal or external damage to or loss of the Vehicle or any of our property caused or incited to be caused by you or any Passenger no matter how the damage is caused.
5.4 You will pay for all cleaning and valet costs for our Vehicle if any Passenger causes any spillage or suffers from self-inflicted illness or in any other way causes the cleanliness of the Vehicle to be of a lower standard than at the Pick-up Time. The normal valeting fee of £75.00 will be charged to your payment.
Price of the Services:
6.1 The Price for the Services should be agreed in advance of the booking, if not part of a pre agreed contract or company pricing structure. Prices are subject to amendment in accordance with this Agreement.
6.2 Any fixed Price may be increased by an amount in accordance with our standard hourly rate or mileage charges at the relevant time for any delay or increase in the Hire Period (“delay” in the following circumstances:
(a) any delay is caused by you or any Passenger for any reason; or
(b) any delay is caused by severe traffic congestion, accidents, weather conditions or any other cause outside our reasonable control.
6.3 Any amount due in accordance with clause 5 will be added to form part of the Price.
6.4 Unless agreed otherwise the Price stated is exclusive of the following which will be payable in addition where applicable:
(a) value added tax (which shall be payable by you subject to receipt of a VAT invoice);
(b) any road or other tolls or additional expenses such as parking;
(c) chauffeur subsistence and accommodation for overnight stays, where applicable, which unless agreed otherwise in the Booking will be charged at our then standard rates for overnight stays for chauffeurs.
(d) credit card or debit card charges
6.5 Waiting time Charges:
Whilst every attempt is made to monitor flight and cruise ship arrival times, there may be occasions when due to security checks, baggage handling delays and similar circumstances that additional delays are incurred in the client arriving at the driver meeting point. As Lord’s Cars provides a “Meet and Greet” service, the client should call us on 07771 788706 as soon as they are aware of any such potential delay. We will then alert the driver, who where possible, will try to minimise additional costs. A £5.00 car parking fee will have been included in your Airport collection quote, any additional car parking fees, as a result of unforeseen delays, will be charged t the client “at cost”
Waiting time will be incurred and charged for any delays over and above the normal period allowed for clearing passport control and baggage reclaim at a rate of £15.00 per hour, or part of. For clients that have already pre-paid for their journey and additional charge will be debited to their credit/debit card. For any excessive periods of waiting time, the client will request the client to provide a signature to his job sheet as an acceptance of the additional charge.
Terms of Payment:
7.1 You must pay for all Services provided in accordance with a Booking within 7 days of date of the Pick-up Time or at the time of departure of the Booking if paying in £’s Sterling or via credit/debit card, unless credit terms have been agreed with you in writing by the Managing Director.
7.2 Where credit terms have been agreed with you, we will invoice you at the end of each calendar month for the Services provided under each Booking or for any Cancellation at any time after performance of those Services or after Cancellation, as the case may be.
7.3 Unless agreed otherwise in writing, you must pay all unpaid parts of the Price to us within 14 days of the receipt by you of our invoice for the Services provided.
7.4 We may charge you interest from the date any payment is due until we receive it at a rate 3% above the base lending rate of Lloyds TSB Bank. Commencing on the first day after payment was due.
7.5 In the event of a credit card being declined by your credit card company, an administration fee of £5.00 will be incurred and subsequently charged to the card in question once credit facilities have been re-established.
7.6 Additional Charges may be made to your credit card up to 14 days after your date of travel for additional, unforeseen charges such as waiting time or parking charges which could not have been anticipated or quoted for at the time of reservation.
Warranties and Liability:
8.1 We warrant that our Services will be performed using reasonable care and skill.
8.2 Our liability to you in respect of death or personal injury resulting from our negligence shall not be limited. Other than in those respects:
(a) our total liability to you shall not exceed the lesser of the Price or the money actually received from you for the Services in respect of which a claim has been made; and
(b) we shall have no liability to you for loss of profits, goodwill, reputation, business contracts, revenue, production, anticipated savings, nor for losses arising from third party claims which arise in connection with the Services nor any other losses or expenses; and
(c) we shall have no liability to you for any indirect, special or consequential loss, damage, costs or expenses including any labour, or the hiring of a replacement vehicle.
8.3 The exclusions and limitations of liability set out in this Agreement exclude and limit all of our liability to you for all matters arising in connection with this Agreement whether in contract, tort (including negligence), for breach of statutory duty or otherwise.
8.4 You must indemnify us in respect of any claims for loss, damage, injury or expense by any third party arising directly or indirectly from your use of the Services or making them available to a third party including any Passenger or otherwise arising in connection with this Agreement except for death or personal injury to the extent that it results from our negligence.
9.1 Neither party shall be liable for any delay or failure to meet its obligations under this Agreement (other than a payment obligation) due to any cause outside its reasonable control (a “force majeure” situation), which it must notify to the other party as soon as possible. This Clause also applies where the affected party has reasonable grounds to believe that a force majeure situation is imminent whether or not it has actually occurred at that time.
10.1 You and we will both treat all information received from or created for each other marked “confidential” or “private” or reasonably obvious to be confidential as we would treat our own confidential information.
10.2 We do not store credit card details nor do we share customer details with any other 3rd parties. Personal details supplied by you will not be passed to any third party. However, we may use information provided for internal marketing and customer contact.
11.1 Either we or you may terminate this Agreement or any Booking without liability to the other party by giving notice to the other at any time if:
(a) the other party commits a material or persistent breach of this Agreement and does not remedy the breach within 14 days of receipt of written notice to do so where the breach can be remedied;
(b) the other party becomes insolvent or is unable to pay debts as they fall due;
(c) anything analogous to the foregoing occurs under the law of any jurisdiction in relation to the other party; or
(d) either party believes on reasonable grounds that any of the events mentioned above is about to occur to the other party.
11.2 Termination for any reason will not release you from the obligation to pay us any sums due, including any costs incurred by us in relation to Bookings for Services that are not yet completely or partially performed.
12.1 We may subcontract, assign or transfer our obligations or rights to a competent third party or to any associated affiliate company whether in whole or in part. You may not assign or transfer any of your rights or obligations without our written consent.
12.2 A notice required or permitted to be given under this Agreement shall be in writing and delivered to the other party’s registered office or such other address as may at the relevant time have been notified to the party giving the notice. Delivery may be by hand, email, fax or post.
12.3 This Agreement set out the entire understanding of the parties with respect to their subject matter and replace any prior agreements or understandings or representations (unless fraudulent), whether written or oral. You agree that you will not have any right of action against us arising out of or in connection with any such representations unless fraudulent and that you have not relied on any such representations. All warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
12.4 This Agreement does not confer a benefit on any third party and the provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded.
12.5 If any provision of this Agreement is illegal, invalid or unenforceable in any jurisdiction, its enforceability in any other jurisdiction shall not be affected and nor shall the validity or enforceability of any other provision of this Agreement.
12.6 No waiver of any breach of this Agreement shall be considered a waiver of any subsequent breach of the same or any other provision.
12.7 This Agreement and this contract are governed by English Law and are subject to the exclusive jurisdiction of the English courts.