David James Chauffeur – Terms and Conditions of Hire

Definitions/Disclaimer

By browsing this website, users accept our Terms and Conditions of Hire.

The terms ‘David James Chauffeur’ ‘The Company’ ‘Our Company’ ‘The Supplier’ ‘Agents/Suppliers’ ‘Service’, ‘We’, ‘Us’ & ‘Our’ when used in these terms and conditions of hire mean David James Chauffeur and David James Chauffeur Leisure Tours and its associated companies, agents and subsidiaries. The terms ‘You’, ‘Your’, ‘Yours’, ‘The Client(s)’, ‘Person’, ‘The Hirer’, ‘They’, ‘Their’, ‘Customer’ and ‘Passenger(s)’ when used in these terms and conditions of hire mean any user of this website. Airport Transfer: the provision of a Service between an agreed arrival airport and an agreed destination as specified by the Customer. As Directed Service: the provision of a Service with an agreed pick-up point but without a fully defined journey plan or termination point. Business Day: a day other than a Saturday, Sunday or public holiday in Scotland when banks are open for business. Chauffeur: means the driver of the Vehicle provided by the Company to fulfil the provision of the Services. Charges: the charges payable by the Customer for the supply of the Services in accordance with ‘2.Pricing’. This website may contain links to external websites maintained by other organisations as part of our service. These links are provided for your information only and we do not endorse the views expressed within such external websites. David James Chauffeur do not exercise any control of any kind over the content of externally provided websites and we do not accept responsibility for them or any loss or damage that may arise from your use of them.The entire content on ‘www.davidjameschauffeur.co.uk’ based web pages is copyright with all rights reserved and remain the property of David James Chauffeur. Information supplied on Our website is for guidance only and does not in any part form a contract between Us or constitute an offer by Us or a representation on which reliance is intended to be placed, and may be subject to change without notice. Reasonable effort has been made to ensure We provide accurate and current information. We accept no responsibility for loss which may arise from reliance on information contained in this website. By using this website you acknowledge that You have read and You agree to be bound by and comply with these terms and conditions. No warranty shall be given that this website and/or the service shall be available on an uninterrupted basis, and no liability shall be accepted in respect of losses or damages arising out of such non-availability. We shall not be liable to You for any loss of profit, loss of anticipated revenue (direct or indirect) or any consequential or indirect loss. You agree that information or material accessed or downloaded through Our web pages are carried out entirely at Your own risk. Use of any information obtained from the internet is entirely at Your own risk. Only images may be downloaded from this website if only for personal use and not for reproduction. David James Chauffeur and Our Agents/Suppliers accept no liability for any losses or damages (whether direct or indirect) arising from Your use of this website or Your reliance on information contained on this site, except that which is unlawful to exclude. David James Chauffeur or Our Agents/Suppliers cannot be held responsible for any missed connections due to traffic congestion, adverse weather or other delays. We reserve the right to make changes to our terms and conditions and website without prior notice. However, we give no warranty as to the accuracy or currency of the information on this website.

Contract Price/Quotation

Contract price/quotation shall be in GBP (UK Sterling) and subject to value added tax, (VAT) chargeable at current rate as outlined by UK Government. All quotations are based on single collection and destination point unless otherwise stated and are valid for 3 (three) calendar months and are subject to availability. The contract price/quotation is based on the duties outlined by the client and will remain unchanged unless alterations are made by you to the journey itinerary after the reservation has been made. Any such variants shall be charged to you accordingly as shown on this page ‘6. Bookings and Amendments’. No service charge is included and gratuities are wholly at the discretion of the client and form no part of our pricing. All invoices are issued in GBP (UK Sterling) only and the Customer shall pay in full each invoice submitted by the Supplier within 30 (thirty) days of the date of the invoice to the bank account nominated in writing by the Supplier. We are under no obligation to carry out any transfer/tour whether or not Your booking has been confirmed and paid in full.

Pricing

Quotations are based on the requirements outlined by You are calculated in accordance with the Supplier’s fee rates and are subject to availability. An hourly rate is available for all requirements as shown on our website ‘Tariff Page’ and is chargeable at a minimum 4 hours hire with each additional hour (or part thereof) chargeable at our current hourly rate. Leisure tours are chargeable at minimum rate of 8 continuous hours in any given day with any additional hours chargeable at our current hourly rate (or part thereof). ‘As Directed’ travel and hourly rates are calculated from when leaving and arriving back at our base upon completion of service. ‘Day Hire’ rate means any period of 8 continuous hours with up to a total of 120 miles of travel. Travel commencing during the hours of midnight and 06.00 hours may be subject an unsocial hours levy. An additional charge may be levied for transfers carried out 25th & 26th December and 1st & 2nd January. The Supplier reserves the right to increase the Charges on an annual basis with effect from each anniversary of the Commencement date in line with the percentage increase in the Retail Prices Index. All quotations are free of any commissions, valid for one calendar month and inclusive of any relevant parking costs of up to 1 hour. Each additional journey or duty requested on the day, will be charged at our current hourly rate. (or part thereof). All amounts payable by the Customer under the Contract are inclusive of amounts in respect of value added tax chargeable.

Payment Policy

To secure your booking, David James Chauffeur require deposit of £120.00 GBP to be paid at time of reservation with balance due minimum 1 calendar month prior to travel. All services £120.00 GBP or less, to be paid in full at time of booking. Your travel requirement cannot be confirmed until deposit has been paid. Our preferred method of payment is by bank transfer and to help eliminate fraudulent transactions, deposits/payments from ‘first time’ (new) Clients to have order settled ONLY BY BANK TRANSFER. Secure card transactions are carried out solely by the card holder via our website. We do not have any access whatsoever to sensitive or confidential card information.

Account

Account facilities are available upon request to companies supported by satisfactory bank references. For all account Clients, our terms are strictly 30 days net and without prejudice to any other rights it may have. David James Chauffeur/Tours is entitled to charge interest at 2% above the Current Base Rate of The Royal Bank of Scotland on overdue payments of the price of the Service or the price of any instalments thereof. Such interest to run from the due date for payment until payment in full is received whether before or after judgement.

Costs

All services offered on our website are an invitation to order Chauffeured Services…it is not an offer to provide our services at the listed price nor is this binding on us. Additional costs incurred on the journey (including all parking greater than 60 minutes) shall be charged to the client named on the contract at cost. Should any penalties be issued to our drivers/vehicles as a result of your instructions, you will be invoiced accordingly.

Bookings and Amendments

By placing an order, The Hirer agrees that they are legally capable of entering into binding contracts and that you are minimum 18 years of age. Terms and conditions of contract shall commence on the date we accept your booking. The ‘commencement date’ and, subject to earlier termination or cancellation as described in these terms and conditions shall continue to be in force for the term agreed at time of booking. Please ensure that accurate details are provided as any subsequent change(s) after your confirmation are not always possible due to other commitments. All revised collection times must be confirmed by email with request for reply confirmation of it’s safe receipt from our company and we will confirm the re-scheduling of your booking. Written notice must be given for all amendments to the Company as soon as possible. All new bookings require minimum 24 hours notice and can be made up to 26 weeks in advance. We send all invoices and receipts electronically in PDF format with paper copies available by request.

Notice

Any notice given by You must be submitted by email with confirmation reply of it’s safe receipt from Our Company.

Waiting Time

For all transfers (except Airport Transfers), the first 30 minutes of any waiting is included in the contract price, thereafter, shall be charged at our current hourly rate or part thereof. For airport arrivals the first 60 minutes from ‘Bags in Hall’ is included in the contract price, thereafter, shall be charged at our current hourly rate or part thereof.

Supply of Service

We make every effort is made to be at any of Your pick up points at any agreed time, We may however, encounter a situation where road traffic conditions are outwith Our control and You experience delay. Whilst the Company shall use reasonable endeavours to procure that the Chauffeur adheres to any itinerary specified in the Order, such obligation shall not be of the essence of the Contract and the Company shall not be held responsible for loss or inconvenience arising from the delays in journey duration attributable to traffic or weather conditions, breakdown or otherwise. In the event of any breakdown of the Vehicle, the Company shall use reasonable endeavours to ensure that an alternative Vehicle attends at the earliest opportunity to recommence the provision of the Services. The Customer acknowledges and agrees that the Chauffeur shall have the absolute discretion to refuse to transport any Passenger(s) deemed by the Chauffeur unfit to travel.

No-Show Policy

Should you fail to be at your designated pick up location for which a reservation has been made, then all monies paid shall be non-refundable.

Cancellation and Refund Policy

We may at any time cancel the order, whether during initial term or otherwise. We may at our sole discretion cancel the service booked by you in the event that You fail to pay the agreed amount prior to commencement of service, any details submitted by you are found not to be or cease to be valid. Cancellation of orders made whatsoever shall be without prejudice to any rights or liabilities accrued at the date of cancellation. Should You wish to cancel Your confirmed booking, You must advise the Company either by email or by calling our main office +44 (0)141 883 5279 as soon as practicable. Any booking cancelled by You shall be subject to a cancellation charge equal to 25% of the Charges as specified in the Order. If an Airport Transfer is cancelled 2 hours or more before the Services are scheduled to commence, there will be no charge. If an Airport Transfer is cancelled less than 2 hours before the Services are scheduled to begin, the Company shall be entitled to payment from the Customer of a cancellation charge equal to 100% of the Charges due. If an As Directed Service is cancelled 12 hours or more before the Services are due to commence,, there will be no charge. If an As Directed Service is cancelled between 12 hours and 4 hours before Services are scheduled to commence. then a cancellation charge equal to 4 hours of the Services is due and payable. If an As Directed Service is cancelled less than 4 hours before Services are scheduled to commence, then a cancellation charge of up to a maximum of 8 hours is chargeable.

Force Majeure

The Company shall not be in breach of the agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond its reasonable control, including but not limited to any of the following: war, riot, industrial dispute, terrorist activity and the consequences, natural or nuclear disaster, fire, extreme or adverse weather conditions, failure in information technology or telecommunications services or failure of a third party. The Company shall not pay to You any compensation if Your travel arrangements require to be cancelled or change in any way as a result of mechanical failures, unusual or unforeseeable circumstances beyond Our control.

Responsibilities

UK legislation states that while travelling, all passengers must ensure seat belts are correctly engaged. It is the responsibility of each Passenger to ensure Their own personal seat belt is properly secured whilst vehicle is in motion. In addition to the terms detailed in this page ’12. Force Majeure’, the Company do not accept responsibility for delays caused by road traffic incidents or other traffic conditions. The Company does not accept responsibility for the theft or damage of any item belonging to any of the Passengers travelling in Our Vehicles or Vehicles of Our Agents/Suppliers. Any Passenger(s) leaving possessions or items in Our Vehicles or Vehicles of our Agents/Suppliers, do so at Their own risk.

Third Party Rights

Any Person who is not a party to this contract is not entitled to enforce any of its terms under the Contracts Act 1999. (Rights of Third Parties)

Office Hours

Administration Office Hours: 07.00 – 22.00 hours (Mon – Sun) 25th December and 1st January – CLOSED (Office only) CAR SERVICE IS OPERATIONAL 24 hours – 365 days.

Children

Legislation states that all Passengers must engage seat belts and that all children require additional appropriate restraints. The Company may provide seat/harness designed for children…this must be requested at time of booking and is solely the responsibility of the parent or guardian to ensure the child seat/harness is fitted and secured correctly. The parent or guardian is wholly responsible for the safety of the child/children at all times.

Luggage

All luggage and property remains at all times Your responsibility and We shall not be liable for any loss or damage whatsoever. Your luggage is to be placed in the luggage compartment provided and your Chauffeur must agree to any item that you wish to carry in the vehicle with you. A reasonable amount of luggage is allowed, but luggage which, in the opinion of the Chauffeur amounts to an excessive weight or bulk will not be carried. It is the Client’s responsibility when reserving their booking, to ensure Vehicle requested has sufficient space and weight allowance to accommodate carriage of said luggage. We reserve the right to refuse to carry any luggage or part of luggage we deem unsuitable.

Flight Delays

The Company shall monitor Your flight progress based on the information available and your Chauffeur shall amend their own arrival time accordingly. If however Your flight arrival time is amended due to delays following the Chauffeur’s arrival at the airport, then additional waiting time shall be charged at our current hourly rate or part thereof. If, as a result of extreme delays or missed flight, your chauffeur is required to return to the airport in order to collect Client, then this shall be at the convenience of David James Chauffeur. The Company is obliged to carry out other pre-booked reservations, and cannot cause hindrance or inconvenience to other Clients as a result of flight delays. To ensure your Chauffeur is available for your re-scheduled arrival, please inform Our office as soon as You become aware of any delay to Your scheduled arrival time.

Route

The direction of travel adopted is at your Chauffeur’s discretion and shall travel the best possible route to his/her knowledge unless instructed otherwise by the Client. Variations to the journey that involve additional time and/or mileage, may be subject to an additional charge. In the event of traffic congestion, your chauffeur may amend the route if necessary to endeavour to deliver You to Your destination on time. No allowance will be made to The Hirer on the grounds that the route adopted is not necessarily the shortest. The Company does not accept responsibility for any delays or missed appointment/travel arrangements. Your Chauffeur will drive at a speed deemed to be safe in his/her opinion and in accordance with the prevalent road conditions and traffic at any particular time. The Hirer must not request or act in any way which contravenes or causes to contravene any part of the UK legislation which applies to the use of vehicles as applied under the road traffic act.

In Car WIFI

Any connection facilitated through wired or wireless technology has significant privacy, security and confidentiality risks inherent in accessing the world-wide internet. The transmission and download of information or materials is entirely at your own risk and the Company and Our Agents/Suppliers accept no responsibility for any interception of transmissions, file corruption, loss of data, hacking and/or damage to your network or equipment through accessing this Service. You are required to confirm your requirement at time of booking so as to ensure this is available to you. If for any reason this should prove not to be operational for any part, or all of Your journey, then no compensation shall be offered, as this is a “complimentary” service offered by Our Company. Signal strength will vary geographically and at any given time.

Smoking Policy

David James Chauffeur maintain a strict No Smoking policy in all our Vehicles and also with the Vehicles operated by our Agents/Suppliers.

Conveyance of Animals

Assistance dogs are permitted to travel in Vehicles operated by David James Chauffeur and also the Vehicles of our Agents/Suppliers. This must be declared at the time of reservation.

Vehicles

The maximum seating of the Vehicle shall be determined by the Company and shall not be exceeded. It shall be the Passenger(s) sole responsibility to ensure that any seat belt provided in the Vehicle is worn by them and the Supplier consequently excludes any liability to the Customer and/or the Passenger(s) attributable to any such failure. Your Chauffeur is wholly responsible for the opening and closing of luggage carrying areas and also for all vehicle doors at all times. Doors will only be opened by your Chauffeur when Vehicle is stationary and handbrake applied.

Fitness to Travel / Disorderly Behaviour

The Client named is responsible for the behaviour of all Passengers and informing them of the provisions of this agreement. They are responsible for ensuring that any passengers conduct does not threaten their own, the drivers or any other persons safety. David James Chauffeur/Tours and our agents reserve the right to refuse travel to any person deemed to be a nuisance or danger to Our passengers or employees including where any Passengers are carrying or using any illegal substances or weapons. The Customer acknowledges and agrees that the Chauffeur shall have the absolute discretion to refuse to transport any Passenger(s) who are under the influence of drugs or alcohol and whose behaviour whilst in that state reasonably poses a threat to the Chauffeur, the Vehicle or any other Passenger(s). In the event that any Passenger(s) in the opinion of the Chauffeur are behaving in an unacceptable manner, then the Customer acknowledges that the Chauffeur may terminate the Contract and cease the provision of the Services even if not completed. Such termination shall not remove the responsibility from the Customer to settle all sums due to the Supplier which shall be payable. If necessary, David James Chauffeur and our Agents/Suppliers may request the police to assist in removing any offenders from our vehicles. In circumstances listed, no refund will be issued and no compensation will be paid. David James Chauffeur will not tolerate any verbal or physical abuse to any member of Our staff or the staff of Our Agents/Suppliers.

Damage

If any of Our Vehicles or Vehicles belonging to our Agents/Suppliers are damaged or soiled as a result of Passenger(s) actions, we will fully charge the Client named on the contract for the full amount. The Customer shall indemnify the Supplier on demand for any damage caused by the Passenger(s) to the interior or exterior of the Vehicle and for all cleaning and valet costs if any Passenger(s) in any unreasonable way causes the cleanliness of the Vehicle to be of an inferior standard than that which prevailed at pick-up time.

Chauffeurs and Vehicles

David James Chauffeur endeavour to supply you with the Vehicle group booked at all times. However, the Company reserve the right to provide a similar Vehicle if such Vehicles are not available. While We endeavour to provide you with the same Chauffeur for the duration of hire, this may not always be possible due to other duties that have already been confirmed for a specific Chauffeur. No one other than the Chauffeur shall be entitled to drive the Vehicle.

Insurance

The Vehicles and Chauffeurs of David James Chauffeur are fully insured including public liability insurance.

Warranties and Liability

We warrant that our Services will be performed using reasonable care and skill. Our total liability to you shall not exceed the lesser of the price or money actually received from you for the Services in respect of which a claim has been made and we shall have no liability to you for loss of profits, goodwill, reputation, business contracts, revenue, production, anticipated savings, nor from losses arising from third party claims which arise in connection with the Services nor any other losses or expenses and We shall have no liability to You for any indirect, special or consequential loss, damage costs or expenses including labour, or the hiring of a replacement Vehicle.

Miscellaneous

If any provision of these terms and conditions are found to be invalid or unenforceable by a court of law, it shall be severed from the rest of these terms and conditions which shall remain unaffected. We may subcontract, assign or transfer our obligations or rights to a third party or to any associated Company whether in whole or part. You may not assign or transfer any of Your rights or obligations without Our written consent. We accept no responsibility to Agent or Supplier claims on the number of Passengers being carried in Vehicle. Any comments made by Our Agents/Suppliers or employees will be classed as personal opinion and will not represent the views of the Company. Selection of Vehicle type allocated shall be based upon the Passenger(s) information given by The Hirer.

Complaints

David James Chauffeur aim to provide an exceptional level of Service. If you are unhappy with any aspect of your journey or a member of our staff, the Hirer should make their comments known to the Chauffeur at the time of the alleged incident, detailing the date and time, Chauffeur’s details and the nature of your complaint. The Company will endeavour to rectify this matter immediately.

Governing Law

Our terms and conditions of hire are governed by and construed in accordance with the law of Scotland. Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation shall be subject to the exclusive jurisdiction of the courts of Scotland.