STANDARD TERMS AND CONDITIONS OF CONTRACT
1.1 IN these conditions
"the Company" means The Blackwater Carriage Company
"the Contract" means the Contract between the Company and the Hirer for the sale or supply of Equipment, Goods or Services
"the Hirer" means the person, firm or company with whom the Contract is made by the Company
"the Equipment" means any vehicles, equipment, machinery, services and or any other goods sold or supplied by the Company
1.2 THESE conditions apply to all contracts of the Company to supply goods and services and shall prevail over any terms put forward by the Hirer unless the Company expressly agrees to them in writing. No conduct by the Company shall be deemed to constitute acceptance of any terms put forward by the Hirer and no concession made or latitude allowed by the Company to the Hirer shall effect the strict rights of the Company under the Contract.
1.3 THESE conditions may only be varied with the express written agreement of the Company
2.1 ALL vehicles are 100% NON-SMOKING
2.2 THE Hirer will fully complete and return our booking confirmation form within 5 working days of the verbal acceptance of the booking, accompanied by a £75 non-refundable deposit, otherwise the Company will deem this as a cancelled booking. The Hirer will pay the balance no later than 90 days prior to the date of hire.
2.3 ANY additional fees incurred because of a change in the booking notified to us less than 10 days before the date of hire must be paid in cash to the chauffeur at the start of the hire unless we have agreed otherwise in writing.
2.4 THE mileage allowance is calculated on the total mileage covered to and from the Company base at Pinchbeck, Lincolnshire. The hire time commences at the pre-arranged specified time when the vehicle arrives at the first collection address, and terminates when the driver is finally dismissed by the Hirer.
2.5 WHEN a car is hired in excess of 24 hours, whilst every endeavour will be made for the Hirer to retain the same car and driver during such a period the Company reserve the right to substitute any other car or driver according to the exigencies of the service.
2.6 THE Company expressly prohibits any persons other than their own drivers from driving their vehicles.
2.7 SUBJECT to Condition 2.6 the Company accepts responsibility for damage to their cars by fire or collision and the Companyís legal liability for third party claims arising from use of their cars. However, any damage sustained to the vehicle during period of hire will be the responsibility of the Hirer if caused by: the Hirer, guests of the Hirer or any members of the Hirersí party.
2.8 THE fixing of any articles or embellishments to the car without the express written permission of the Company is strictly forbidden, and will be subject to all remedial charges.
2.9 THE Company accepts no responsibility for any delays caused by circumstances outside its control.
2.10 THE driver will drive at reasonable speeds according to his judgement of road conditions and traffic at any particular times.
2.11 NO vehicle may be loaded beyond its manufacturers seating or loading capacity.
2.12 THE Company is not legally permitted to transport children under 4 years of age or children who do not qualify for a Group 2 or 3 child booster seat. Children less than 135cm in height and under 12 years of age MUST hire and use our child booster seats where seatbelts are fitted in the vehicle. Refusal to comply with the law is not acceptable (see 6.2)
2.13 WHEN the Hirer desires to travel to a particular place, the driver will, unless specifically otherwise instructed by the Company travel by the route which is in his opinion the best and most convenient for motoring whether the route is shortest or not, and no allowance will be made to the Hirer on the ground that the route adopted is not actually the shortest.
2.14 A reasonable amount of ordinary passenger luggage is allowed, but luggage which in the opinion of the driver amounts to an excessive weight or volume will not be carried. The Company accepts no responsibility for any loss or damage to any luggage or property carried in or on the vehicle howsoever such loss or damage is caused.
2.15 DOOR hinges and catches are cleaned but are lubricated with oil or grease. You are advised to keep all clothing away from those door parts, as we cannot accept responsibility for oil or grease on clothing.
2.16 THE Company will make every effort to attend and be early. However, we cannot be held responsible for being late or unable to attend due to adverse weather or traffic conditions (e.g. snow, ice, floods, congestion etc.). In the unlikely event that there is a mechanical, electrical or material breakdown of the vehicle during the course of the booking, we will make every effort to carry out immediate repairs to the vehicle so that the journey can continue, or we will attempt to transfer the client to another vehicle and any reasonable extra costs incurred will be borne by the Company
2.17 THE Company will endeavour to provide the colour and type of vehicle that is requested, but no liability will be accepted if this is not possible. In this event the Company reserve the right to replace it with an alternative vehicle of similar specification.
2.18 WE will not attend a booking where the balance due remains outstanding at the date of hire. We will consider the booking cancelled without notice and we will invoice you for the full amount due.
2.19 VEHICLES are pre-booked for a "Standard" hire. Vehicle hire is normally available between 08:00 and 18:00 Monday to Saturday. A minimum 20% surcharge is made for work undertaken on Public and Bank Holidays or where the hire commences of finishes outside of these times.
U.K. Value Added Tax is charged at the current rates, and the will be shown separately and levied accordingly.
4.1 THE Hirer will accept the vehicle even if it arrives late, and late arrival will not entitle the Hirer to terminate the Contract
4.2 THE Hirer shall notify the Company in writing within five working days of the booking, of any problems which arise as a direct result of the services undertaken by the Company. Any problem caused by the Company will be resolved within a time scale convenient to the Company. The Hirer will be liable to any additional costs incurred by the Company for any additional resources required to complete the contracted work. The Company will not be responsible for any loss of earnings while this matter is in being rectified.
4.3. THE Hirer shall assume full financial liability for any loss or damage caused to any vehicle or company property supplied by us.
Gratuities are not included and are at the Hirerís discretion; however for your guidance 10% is recommended.
6. FORCE MAJEURE
6.1 THE Company shall not be liable for any delay or failure in performance of its obligations under the Contract which is due to or results from any circumstances beyond its control including but not limited to delays or road conditions, or the defaults of any sub-contractors, war, strike, lock-out, trade dispute, flood accident to plant or machinery, shortage of materials or labour. In any such event the Company shall be entitled to delay or cancel the Contract without refund
6.2 IF, in the opinion of the driver or any representative of the Company, the Hirer, guests of the Hirer or any members of the Hirersí party is acting in an illegal, immoral or improper way, or may cause damage to the vehicle or any company property either accidentally or with malice, or if there is a possibility that the Hirer, guests of the Hirer or any members of the Hirersí party may be unwell within or without the vehicle, we reserve the right to immediately terminate the hire at any time and without refund of any kind. The company is not responsible for any subsequent return travel arrangements or expenses incurred by the Hirer. (There is a minimum sanitation fee of £200).
THE Company shall incur no liability to the Hirer for misrepresentation by virtue of any statement made by or on behalf of the Company prior to the Contract whether orally or in any letter documentation or sales literature and the Hirer shall not be entitled to rescind the Contract on the grounds of any such misrepresentation.
ALL cancellations must be submitted in writing. In the event of a booking being cancelled, the Company reserve the right to charge a cancellation fee as follows::
Days to the event:
9.1 IF at any time one or more of the Conditions becomes in whole or in part void, invalid or unenforceable then the remainder of these Conditions shall nevertheless remain valid and enforceable.
9.2 ALL notices hereunder shall be in writing and shall be given by hand or sent by prepaid first class post or facsimile to the party concerned at its last known address. Notices sent by first class post shall be deemed (in the absence of earlier receipt) to have been delivered forty-eight hours after despatch and notices sent by facsimile shall be deemed to have been delivered on the first working day following the date of their despatch.
9.3 THE construction, performance and validity of the Contract and of these Conditions shall in all respects be governed by the laws of England.
Correct as at September 1, 2006