Terms and Conditions
These Terms and Conditions form part of the contract agreement between the client and ourselves. Accessing of our website and/or the undertaking of a booking or enquiry indicates your understanding, agreement to and acceptance of the full terms and conditions contained herein. Your statutory rights are unaffected.
References in these Terms to “us” or “our” or “the Company” or “Ourselves” refers to Airport Transfer Exchange Ltd, and references to “you” or “your” or “the Customer” or “the Client” refers to the party confirming a Booking with us, any person(s), company or organisation they are acting on behalf of. These Terms shall apply to any Booking with us and shall apply to both the ordering Customer and all Passengers. Please read these Terms carefully and make sure that you understand them, before making a Booking. By confirming a Booking with us you agree to be bound by these Terms. All Passengers are bound by these Terms whether or not they are the party making the Booking.
Information about us:
- Airport Transfer ExchangeLtd is registered in England No:10686940 Registered Office: Virginia House, 56, Warwick Road, Solihull B92 7HX all written correspondence should be sent to this address.
- We operate the website www.airporttransferexchange.com
- Airport Transfer Exchange Ltd is a private hire operator licensed with North West Leicestershire District Council(License Number Two) and are bound by the conditions of said license.
- Where drivers are licensed under North West Leicestershire District Council Private Hire Driver’s licence conditions they are bound by the conditions of said license in conjunction with North West Leicestershire Council’s Executive Car Exemption Policy where exemption under this policy has been granted.
- Vehicles that are licensed under North West Leicestershire Council’s Private Hire Vehicle Licence conditions and are bound by the conditions of said license in conjunction with North West Leicestershire Council’s Executive Car Exemption Policy where exemption under this policy has been granted.
- Supporting Operators are Licensed by their individual licensing authority and are bound by said authority’s licensing conditions.
- Supporting Drivers are licensed under their individual Licensing authority’s Driver’s Licence Conditions and represent their relative licensed operator.
- All Bookings must be made in advance by telephone, email, web mail via the website form or Mobile Device.
- Booking enquiries made via all mediums stated in clause 8 of these terms shall constitute an offer by the Customer to receive all Services in accordance with these Terms.
- All services are of an executive nature and in placing a booking or enquiry the customer declares that the purpose of hire is of an executive nature.
- At the time of Booking the Customer shall advise the company of their preferred method of payment. Payments are accepted by credit card, cash (paid directly to the driver), direct bank transfer or account.
- Credit Card payments can be made over the phone in advance of any journey or, via the ‘in-car’ terminal (where available) at the end of any journey. Credit Card payments are no longer subject to surcharge levied by the card service provider. Debit Card payments do not incur a surcharge. Card payments made through the website booking form (where available) are processed securely by PayPal Business. Payments made over the telephone are processed securely by First Data and in-car payments are processed by the driver’s individual service provider.
- Airport Transfer Fares quoted include Airport Parking/Drop-Off charges. However, the customer is required to take all reasonable measures to inform the company or driver of any delays at passport control and/or baggage reclaim. The customer accepts responsibility for all parking charges if delays are not reported to the company/driver.
- Inbound flight cancellations, missed flights or connections will be reported to the company immediately by the customer. The full fare will be payable if the vehicle has commenced its journey to the collection airport before cancellations, missed flights or connections are reported.
- Fares quoted are based on the details provided by the Customer at the time of the Booking. Any variation, deviation or change to the journey details before or during the journey may incur additional cost.
- Account based customers will ensure that invoices are paid promptly in accordance with their personal payment terms. The company reserves the right to stop account activity in the event of late or missed payments and take necessary action to recover monies owed and levy a charge to recover our costs.
- VAT will not be payable on the fare. If a receipt is required, the customer can request this at the time of booking or directly with the driver. Receipts will usually be forwarded by email where they have been requested on booking or a written receipt may be issued by the driver.
- The use of On-Board Wi-Fi is available in selected vehicles. Is free of charge and subject to availability. Connection to the router is secured by a password allowing up to 5 devices to connect at any one time. The customer is responsible for any activity they perform through the use of the connection and take responsibility for their own internet security. The company accepts no responsibility for any loss or damage arising from the use of the router.
- If a Customer cancels a Booking then the Company shall charge the Customer as follows:
- No charge will be levied if cancellation is made 48 hours or more prior to the booking collection time.
- Any cancellation received between 48 hours and 36 hoursprior to the booking collection time will be charged at 25%of the full quoted rate.
- Any cancellation received between 36 hours and 24 hours prior to the booking collection time will be charged at 50%of the full quoted rate.
- Any cancellation received within 24 hours prior to the booking collection time will be charged at 75%of the full quoted rate.
- Any cancellation received after a vehicle has been dispatched to the collection point will be charged at 100% of the full quoted rate.
Charges – waiting times:
- Waiting time will only be levied if waiting is caused by, requested by or agreed upon by the customer either at the time of booking or during the journey and is charged at a rate of £5 per 15 minute period or part period thereafter.
- The Company shall :
- Ensure the Vehicle Class ordered by the Customer is provided for the Vehicle Hire Services. If the Vehicle Class ordered by the Customer is not available due to unforeseeable circumstances then the Company will provide a reasonable alternative; and
- Meet the date and time requirements as instructed by the Customer.
- The Company shall reserve the right to make any changes to the Service provided which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Service, and the Company shall notify the Customer or Passengers in any such event.
- The Company does not provide any promise or assurance that the website enquiry/booking form will be uninterrupted and error free and any booking ‘request’ will not be deemed as a ‘confirmed booking’ by the customer.
- The Company is not responsible for any delays, delivery failures, or any other loss or damage from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the booking form and/or email facilities may be subject to limitations, delays and other problems inherent in the use of such software.
Customer and passenger obligations:
- The Customer shall be responsible for the following:
- Allowing sufficient time for their journey to arrive at their destination location at the time they require.
- The date and time for the Service. When Booking, Customers should take particular care of time changes when travelling through different time zones, and time changes when daylight saving hours apply
- The arrival and destination locations. If the location details are not reasonably clear of exactly where the Driver needs to be, then such further details should be provided to make this clear;
- Any other pick-up or drop-off routes;
- The number of Passengers;
- Details of any luggage and/or Property to be transported
- The Customer and Passengers shall co-operate with the Company in all matters relating to the Services provided.
- The Customer and all Passengers shall ensure they are ready on time for collection at the specified arrival time and place as provided on the Booking.
- The Customer and Passenger shall reimburse the Driver and/or Company in full and on demand in the event that any Passenger vomits, soils, or otherwise causes any damage to a Vehicle or injury to the Driver. This shall include a reasonable charge in respect of the lost earnings of a Driver.
Customer and Passenger Property:
- The Company reserves the right, in its sole and absolute discretion, to refuse to carry any Property.
- Customer and Passengers may not bring Property which:
- They would not be able to lift themselves;
- Is hazardous or of an inflammable nature;
- Is likely to cause damage to other Property, the Driver, the Vehicle, other members of the public or themselves; or
- Is likely to cause injury or offence to other Passengers, the Driver or members of the general public.
- Customers and Passengers shall remain fully responsible for all their Property. The Company does not accept any responsibility for any loss or damage to any Property. The Customer and all Passengers should ensure all of their Property is appropriately insured.
- The Customer and Passengers should ensure they have all of their Property in their possession before leaving the Vehicle.
- The company and drivers will take all necessary measures to ensure the safety of any lost property until such time it can be retrieved by the customer.
- Lost Property will be held by the company or driver for a period of no more than 24 hours before it is handed into the local police station.
- The Company will attempt to contact the owner of lost Property by email or telephone wherever contact details for the owner are available.
- The Company and/or Drivers accept no responsibility for loss or damage to property whatsoever or howsoever arising.
Customer and Passenger Safety:
- All Customers and Passengers must act in a responsible and considerate manner toward the Company and Drivers.
- For safety reasons Customers and Passengers must wear seat belts at all times when in the Vehicle.
- For safety reasons Customers and Passengers must not:
- Smoke in any of the Driver’s Vehicles;
- Consume alcohol or be in possession of an open container of alcohol;
- Commit any crime that may affect other Passengers, the Driver, other members of the general public or the Vehicle; and
- Without the Company’s or the Driver’s written permission take flash photography whilst the Vehicle is moving or play any music or musical instrument.
- The Company and the Driver reserve the right to refuse to transport any person who in the Company’s or the Driver’s sole and absolute opinion is intoxicated or acting in any anti-social manner.
Relationship between the company and the driver:
- When providing our Services to the Customer and/or any Passengers the Company is acting as a Private Hire Operator licensed by North West Leicestershire Council when allocating the Company Proprietor and their vehicle to the booking. Where any other associate driver and their vehicle is provided the Company is acting as an agent for the operator for the purposes of introducing the operator to the Customer and any Passengers. Any operator registered with the Company are responsible for adhering to their own licensing authority’s regulations and laws.
- When introducing an operator to the customer for the purposes of the service provided the Company will provide to the customer the full details of the operator’s name, contact and vehicle details. The company accepts no responsibility for the service once introduction has been made. On introduction all responsibilities transfer to the operator undertaking the booking subject to their own licensing conditions and laws.
- The Company shall invoice Customers weekly in arrears.
- The Customer shall pay each invoice submitted by the Company:
- within 30 days of the date of the invoice; and
- in full and in cleared funds to a bank account nominated in writing by the Company.
- The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Company in order to justify withholding payment of any such amount in whole or in part. The Company may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount (if any) payable by the Company to the Customer.
Limitation of liability:
- Nothing in these Terms shall limit or exclude the Company’s liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
- Fraud or fraudulent misrepresentation.
- Neither the Company nor any of its staff shall be liable to the Customer or any Passengers for any loss, injury, damage, expense or delay incurred or suffered by the Customer or any Passengers arising directly or indirectly from or in any way connected with the Company or the Driver’s failure or delay to perform any of their obligations in these Terms. In particular, but without limiting the generality of the foregoing, the Company will not be liable for any loss, injury, damage, expense or delay suffered by a Customer or any Passenger arising from or in any way connected with:
- Any failure of a Driver to meet the Customer or any Passenger’s requirements for all or any of the purposes of the Vehicle Hire Services; or b. Any act or omission of a Driver, whether willful, negligent, fraudulent, dishonest, reckless or otherwise.
- the Company’s total liability to the Customer and all Passengers in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100.00.
- The Company will not be liable to the Customer or any Passengers in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Customer or any Passengers of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
- The Customer and any Passengers will indemnify and hold harmless the Company from and against all Claims and Losses arising from loss, damage, liability, injury to the Company its employees and third parties by reason of or arising out of any loss, injury, damage, expense or delay suffered or incurred by the Driver arising directly or indirectly from or in any way connected with the acts and omissions of the Customer or any Passengers, whether willful, negligent, fraudulent, dishonest, reckless or otherwise that arises directly or indirectly out of or in any way connected with the Service. ‘Claims’ will mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise), and ‘Losses’ will mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.
- The Customer and any Passengers acknowledge that, in using the Vehicle Hire Services, that they do not do so in reliance on any representation, warranty or other provision except as expressly provided in these Terms, and any conditions, warranties or other terms implied by statute or common law are excluded from these Terms to the fullest extent permitted by law.
- Force majeure:
- For the purposes of the Contract, Force Majeure Event means an event beyond the reasonable control of the Company and Drivers including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of the Drivers or the Company’s subcontractors.
- The Company shall not be liable to the Customer as a result of any delay or failure of the Company or Driver to perform their obligations under a Contract as a result of a Force Majeure Event.
- A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
- If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
- If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
- The Company may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
- No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
- Third parties: Other than as expressly or by implication provided in these Terms, a person who is not a party to the Contract shall not have any rights under or in connection with it.
- Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by the Company.
- Governing law and jurisdiction: The Contract, 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, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
- The following definitions used in these Terms shall have the following meaning: “Booking”; the Customer’s request, enquiry or confirmation for a Service. “Business Day”; any day which is not a Saturday, Sunday or public holiday in the UK; “Contract”; the contract between the Company and the Customer or any person the Customer is acting on behalf of for the provision of our Services; “Customer”; the person firm or company placing a Booking or any person they are acting on behalf of; “Driver”; the driver of the Vehicle; “Journey Details”; the requirements for the Service including the date and time for the Service; the arrival and destination location; the number of Passengers; the and the luggage/property to be carried details; “Mobile Device”; any portable or other similar device which uses the website, email address or enquiry/booking form to make a Booking or request; “Passenger(s)”; the persons who travel in the Vehicle used for the Service (which may include the Customer); “Property”; any baggage or other property carried in the Vehicle; “Terms”; the legal terms and conditions on which we provide our Services. “Vehicle” the private hire vehicle used to transport the Customer and any Passengers and Property, “Service(s)” the provision of private vehicle hire services for the transportation of the Customer, Passengers and/or Property or any other services from time to time supplied by the Company to the Customers or Passengers which is agreed in writing.
- Clause, schedule and paragraph headings shall not affect the interpretation of these Terms.
- A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors or permitted assigns.
- A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
- Words in the singular shall include the plural and vice versa, and a reference to one gender shall include a reference to the other genders.
- A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
- A reference to writing or written includes e-mail. References to clauses and schedules are to the clauses and schedules of this agreement; references to paragraphs are to paragraphs of the relevant schedule to this agreement.
©Airport Transfer Exchange Ltd 2018-2019. All Rights Reserved.