ALPHA CARS HAVANT STANDARD TERMS AND CONDITIONS
1.1 The service provider” is Alpha Cars Havant.
1.2 The “customer” is the person who accepts any offer of service.
1.3 The “passenger” is the person travelling, or, in the case of a group of people, the person named on the booking form.
1.4 The “service” is the transportation service that the service provider and the customer agree.
1.5 The “booking form” is the document which outlines details of the booking and comprises part of the email or paper acknowledgement sent to the customer confirming the service.
1.6 The “booking confirmation” is the email or paper copy sent to confirm the booking.
1.7 The “booking” is the request for transportation from the customer.
1.8 It should be noted that this document outlines the conditions relevant to both local transfers and to executive and airport transfers. This document clearly distinguishes between the two divisions and individual terms can be viewed in their relevant section.
TERMS OF SERVICE
2.0 PRICING STRUCTURE
2.1 Prices for the service are published using several communication processes. The service provider works strictly to price matrixes and the master copies are held within their operational headquarters. These prices are available for request. It is the master copies which contain the established current and fixed pricing structures.
2.2 The prices are subject to change without notice except where a pricing structure has been agreed between the service provider and its account customers. These are changed only by negotiation.
2.3 Any changes to the service may result in an alteration to prices. This change will be made to reflect any additional costs incurred by the service provider.
2.4 For long distance travel to UK destinations outside of the service provider’s operational area, the customer is required to contact Alpha Cars Havant for a quotation and estimate of the cost. The price in the first instance will be communicated as an estimate and should not be interpreted as a fixed price until the booking has been confirmed.
2.5 Special rates apply on public and bank holidays. The customer must contact the service provider for details of these rates that are applicable at the time of booking and could be subject to change.
3.0 BOOKING METHODS
3.1 Booking requests can be made via telephone, e-mail, fax, IVR, the Alpha Cars Havant smart phone app or using the enquiry form on the Alpha Cars Havant website (www.alpha-cars-havant.co.uk).
3.2 At the time of booking, the customer must supply all information required and requested by the service provider. It is important that if the customer has special requirements appertaining to them personally, these should be discussed with the service provider and agreed at the time of booking.
3.3 Upon receiving confirmation of any booking made by via any of the above methods, it will be assumed that the customer has accepted the terms and conditions as published.
4.0 WAITING TIME
4.1 After the driver has arrived at a pick up point, the customer is allowed a grace period of five minutes of free waiting time. After these five minutes has passed, waiting charges will apply.
4.2 Waiting time is charged at a standard rate of £0.30 per minute (£18.00 per hour) for a car.
4.3 Waiting time is charged at a standard rate of £0.45 per minute (£27.50 per hour) for vehicles licensed to carry over four passengers.
4.4 During this time, every effort will be made by the service provider to locate the customer.
4.5 The driver will be authorized to leave the pickup point after every reasonable effort has been made to locate the customer.
4.6 Text notifications or call-backs are available and can be requested at the time of booking. The services will incur a cost by the customer’s phone service provider.
4.0 DURING THE JOURNEY
5.1 The service provider reserves the right to refuse to carry any person who is thought to be under the influence of alcohol or drugs or whose behaviour is considered to pose a threat to other passengers, the driver or the vehicle.
5.2 The lead customer on the booking form will be responsible for behaviour of all passengers in the car.
5.3 In the unlikely event that the vehicle is soiled by any passenger during the journey, the customer will be invoiced £150.00 to cover cleaning costs. The customer will also be liable for any loss of earnings incurred by the driver for the period of time that the vehicle was not fit for use by other customers.
5.4 Eating and drinking in the vehicle is not permitted unless the items have been provided by the service provider.
5.5 Drivers and passengers are not permitted to smoke in a licensed vehicle at any time. This is a strict legal requirement.
5.6 The driver is not allowed to carry more passengers than the legal number stated on the vehicle license plate and will refuse any requests to do so.
6.0 FORCE MAJEURE
6.1 Neither party shall be deemed in breach of the contract or liable to the other for delay or failure to perform its obligations under the contract if the delay or failure results from Force Majeure.
6.2 If a party is affected by Force Majeure then neither party will be entitled to any payment from the other for any costs or expenses incurred as a result.
6.3 The service provider will make every effort to provide a service with minimum inconvenience. However, circumstances beyond the control of the service provider may prevent execution of the service. The following are examples of such circumstances and will be interpreted as Force Majeure:
- Motor accidents causing traffic delays
- Restricted vehicular access and road works
- Exceptional or severe weather conditions
- Complying with legal requests
- Ash clouds or any other natural occurrence
- Industrial action
- Vandalism or terrorism
- Delays caused by other customers
- Extraordinary changes to flight status.
6.4 The service provider will use every reasonable means to ensure that the vehicle(s) arrive at the appointed times stated on the booking form. The service provider, as stated, will not incur any liability or consequential losses whatsoever in the event of any delay due to causes beyond its control.
7.1 These terms and conditions shall be construed in accordance with English Law. The customer and the service provider) agree to submit to the exclusive jurisdiction of the English courts in respect of any dispute or claim arising out of or in connection with this agreement.
7.2 No condition in this agreement will affect the customers or the service provider’s statutory rights.
7.3 The service provider has a complaints procedure. It is in the interest of the service provider and the customer to exhaust this procedure to a satisfactory conclusion if a dispute arises between both parties.
8.0 CONVEYANCE OF CHILDREN
8.1 UK law states that taxis are exempt from legislation relating to children traveling in a baby seat, child seat or booster. Alpha Cars Havant provides none of these seats for its private hire vehicles.
8.2 It is the responsibility of the customer to provide the correct equipment for their child’s travel.
9.0 LOST PROPERTY
9.1 Any property found in a vehicle will be returned to the service provider/s management team at their operational headquarters.
9.2 If the customer claims he has left property in a vehicle but the service provider is subsequently unable to locate the property, the service provider accepts no responsibility for the missing property or its replacement.
9.3 If found, it is the customers responsibility to arrange with the service provider for the return and collection of the property.
10.1 It is not Alpha Cars Havant policy to subcontract work to other service providers or third parties accept in extreme circumstances.
10.2 Alpha Cars Havant may change or amend any of these terms and conditions at any time by posting the changes online. The customer should review these terms and conditions regularly to ensure that they are aware of any such changes. Note: all existing bookings will be at the rate applicable at the time of booking.
10.3 The service provider will store, process and use all information relating to personal details in accordance with the Data Protection Act 1998.
11.0 RESPONSIBILITIES AND LIABILITIES (applicable to all divisions of Alpha Cars Havant).
11.1 The service providers contract of conveyance with the customer and the passengers commences at the point the passengers enter the vehicle and all the doors are in a closed position.
11.2 The contract of conveyance terminates at the point all of the passengers have vacated and have physically moved away from the vehicle.
11.3 Whilst the contract of conveyance is valid, passengers are covered by the vehicles motor insurance policy.
11.4 Passengers who request assistance from the driver either to enter the vehicle or to vacate the vehicle do so at their own risk and should be aware that the driver will have no Public Liability Insurance. This is not a legal requirement for drivers.
11.5 It is the passenger’s responsibility to ensure that the driver’s actions are not putting the passenger at risk of injury outside the service provider’s responsibility of conveyance.
11.6 The service provider accepts no responsibility for any damage caused to a passenger’s personal property either when loading or unloading items from the vehicle or during any stage of the journey. All property is conveyed at the passenger’s own risk and is not covered by any of the service providers insurance policies.
11.7 It is the passenger’s responsibility to refuse any assistance from the driver if they believe that there is a risk to either themselves or their property.
11.8 If a passenger does not refuse the assistance being offered by the driver then the driver is not liable or responsible in any way for any personal injury claims or damage to their property.
11.9 The service provider at all times has to comply with the Data Protection Act 1998. If a dispute arises between a customer, passenger or third party and a driver, it is the responsibility of the customer, passenger or third party to obtain personal contact details directly from the driver. The service provider will only assist with vehicle identification and details if they believe it is a claim that will be related to the vehicle insurance policy. The service provider will not become involved with driver identification if they believe the contract of conveyance has terminated. See sections 11.1 and 11.2 for the definition of the contract of conveyance.
11.10 Drivers are not legally permitted to enter a customer’s personal property even when they are assisting and will deny requests to do so.