1.1 In these Conditions:-
Conditions
means the terms and conditions set out in this document and includes any special terms and conditions agreed in Writing between the Customer and the Supplier and set out on the Order; in case of conflict between the two, any special terms shall prevail;
Contract
means a contract which including booking Details of journey and, if included for the , provision of any further Services to be provided by the Supplier pursuant to these Conditions;
Customer
means any person order for the books Services;
Tour Guide Services
means, if included in the Order, the arrangement of the Services in accordance with the design presented to the Supplier by the Customer;
Services
means passenger services
Driver & Vehicle
Vehicle any person who drive Passenger Vehicle;
Supplier
A Chauffeurs Ltd
Network Booking
means a Booking for passenger services and network partner that is fulfilled by a fulfillment partner London,Internationally
Account Booking/Cash Booking
means a Booking that is made through an account and Achauffeurs Website fulfilled by A chauffeurs (as fulfillment partner)
Cancellation Fee
1- 60 minute advance cancel in central London Or any City No fee,Out off London & Any Airport 3 Hours Advance Cancel No Fee Otherwais A Chauffeurs Have Right Charge Full Price.
means the Charge payable by a Customer for the cancellation of Services by the Customer as calculated in accordance with the Price List .the Cancellation Fee will be higher where the Collection Address is outside of Central London.
2 Basis of the sale
2.1 The Supplier shall provide the Services, if any, and sell or hire (as indicated on the Order) the Services in accordance these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions.
2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Customer and the Supplier.
2.3 Any advice or recommendation given by the Supplier or its employees or agents to the Customer or its employees or agents which is not confirmed in Writing is followed or acted upon at the Customer’s own risk and the Supplier shall not be liable for any such advice or recommendation.
2.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.
3 Orders and specifications
3.1 The Customer is responsible for ensuring the accuracy of the Order and for giving the Supplier any necessary information relating to the Services or Tour Guide Services within a sufficient time to enable the Supplier to perform the Contract in accordance with its terms.
3.2 No order which has been accepted by the Supplier may be cancelled by the Customer, except with the agreement in Writing of the Supplier and on terms that the Customer indemnifies the Supplier 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 Supplier as a result of cancellation.
3.3 All drawings, designs, specifications and other information that may be provided by the Supplier are confidential and all rights of copyright, ownership and other intellectual property rights in respect of them shall remain vested in the Supplier and shall not pass to the Customer.
4 Payment
4.1 A Chauffeurs receive 30% of the VIP, Business and First Classes Booking price and the subcontractor receives the remaining 70%.
4.2 Achauffeurs receive 30% of the Economy Class Booking price and the subcontractor receive the remaining 70% .
4.3 The Customer shall pay the Supplier the fees detailed in the Order at the times set out in the Order in full without any set off, deduction or counterclaim.
4.4 For the avoidance of doubt, the Supplier may sue the Customer for the price of the Services, notwithstanding that title to them has not passed to the Customer.
4.5 Card Payment means payment in relation to a booking by any means other then by cash or credit card debit card With 3D
4.6 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier may cancel the Contract or suspend any further deliveries to the Customer and chargethe Customer interest on any amount unpaid at an annual rate 0.00% above Paypal & HSBC BANK plc base rate from time to time, until payment in full is made.
A chauffeurs we do not store credit card details nor do we share customer details with and 3rd parties.
5. Installation
5.1 The Supplier shall provide the Tour Guide Services, if any, at and deliver the Services to the Property on the date set out in the Order, unless varied in Writing by the parties. The Tour Guide Services shall be deemed to have been completed upon the Supplier notifying the Customer of their completion.
5.2 If the Booking date is change (unless this is caused by the Supplier) by less than 12 Hours from the original Booking date and the revised booking date, the customer will be invoiced for the proposal booking date, less any deposit paid on the originally agreed installation date plus an amount to reflect VAT at the prevailing rate. This is on the basis that the order contents will have already been ordered, supplied and paid for to achieve the original date.
If the Supplier fails to deliver the Services (or any installment) or provide the Tour Guide Services for any reason other than any cause beyond the Supplier’s reasonable control or the Customer’s fault and the Supplier is accordingly liable to the Customer, the Supplier’s liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar Services or services to replace those not delivered or performed over the price of the Services and/or Tour Guide Services.
5.3 If the Customer fails to take delivery of the Services or fails to give the Supplier adequate delivery instructions then, without prejudice to any other right or remedy available to the Supplier, the Supplier may store the Services until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage and/or sell the Services at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract.
6.1 Risk of damage to or loss of the Services shall pass to the Customer at the time of Booking or, if the Customer wrongfully fails to take booing , the time when the Supplier has tendered booking of Services. The Customer should insure the Services accordingly.
6.2 Notwithstanding booking and the passing of risk in the Services or any other provision of these Conditions, the Chauffeurs Services shall not pass to the Customer until the Supplier has received in cash or cleared funds payment in full for the price of the Services and all other Services and services agreed to be sold by the Supplier to the Customer for which payment is then due.
6.3 Until such time as the property in the Services passes to the Customer, the Customer shall hold the Services as the Supplier’s fiduciary agent and bailee and shall keep the Services separate from those of the Customer and third parties and protected and insured and identified as the Supplier’s property and shall not dispose of the Services.
6.4 Until such time as the Chauffeurs Services passes to the Customer, the Supplier may at any time require the Customer to deliver up the Services to the Supplier and, if the Customer fails to do so forthwith, enter upon any premises of the Customer or any third party where the Services are and repossess the Services.
7.1 Any Services provided shall be of satisfactory quality and fit for their intended purpose. The Tour Guide Services, if any, shall be provided using reasonable skill and care.
7.2 The warranty in clause 7.1 is given by the Supplier subject to the following conditions:
7.2.1 the Supplier shall be under no liability in respect of any defect arising from any drawing, design or specification (including measurement) supplied by the Customer;
7.2.2 the Supplier shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Supplier’s instructions (whether oral or in Writing), misuse or alteration or repair of the Services without the Supplier’s approval;
7.2.3 This warranty does not extend to parts, materials or equipment not manufactured by the Supplier, in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Supplier.
7.3 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.
7.4 The Customer shall inspect the Property after installation to ensure the warranty set out at clause 7.1 has been complied with. Any claim by the Customer which is based on any defect in the quality or condition of the Services or of the Tour Guide Services shall be notified to the Supplier within 7 days of delivery or (where the defect or failure was )not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure, but, in any event, within 6 months of 24 hours . If booking is not refused, and the Customer does not notify the Supplier accordingly, the Customer may not reject the Services and the Supplier shall have no liability and the Customer shall pay the price as if the Services had been delivered in accordance with the Contract.
7.5 Where any valid claim is made in accordance with this clause 7, the Supplier may replace or repair the Services or otherwise make good any defects free of charge or, at the Supplier’s sole discretion, refund to the Customer the price of the Services and Tour Guide Services (or part of it), but the Achauffeurs shall have no further liability to the Customer. The entire liability of the Supplier under or in connection with the Contract shall not exceed the price stated on the Order.
7.6 Notwithstanding anything else in this Contract, neither party’s liability in respect of fraud, death or personal injury caused by that party’s negligence shall be limited.
7.7 The Supplier shall not be liable to the Customer for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation (whether caused by the negligence of the Supplier, its employees or agents or otherwise) in connection with this Contract.
7.8 The Supplier shall not be liable for any breach of its obligations to the extent that the Supplier is prevented or hindered from complying with them by any cause beyond the reasonable control of the Supplier (“Force Major”).
8.1 Without prejudice to any other right or remedy available to the Supplier, the Supplier may terminate the Contract without any liability to the Customer, if:
8.1.1 the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation; orthe Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation; or
8.1.2 an encumbrance takes possession, or a receiver, administrator or an administrative receiver is appointed, of any of the property or assets of the Customer; or
8.1.3 the Customer ceases, or threatens to cease, to carry on business
8.1.4 the Supplier reasonably believes that any of the foregoing events is about to occur in relation to the Customer.
8.2 If any of the circumstances referred to in clause 8.1 occurs and the Services and Tour Guide Services have been provided but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
9.1 The Customer may not assign any of its rights or obligations or mortgage, charge (otherwise than by floating charge) any of its rights under this Agreement without the prior written consent of the Supplier. The Supplier may assign all of its rights and obligations under this Contract without the consent of the Customer.
9.2 Each party acknowledges that, in entering into this Contract, it does not do so on the basis of and does not rely on any representation, warranty or other provision except as expressly provided in this Contract and all conditions, warranties or other terms implied by statute or common law are excluded. This condition shall only apply to the extent permitted by law.
9.3 Any notice required or permitted to be given by either party to the other shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
9.4 No waiver by the Supplier of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
9.5 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.
9.6 A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 or similar legislation to enforce any term of the Contract.
9.7 The Contract shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
