Terms & Conditions
Execborne Limited (the “Company”) is registered in England and Wales under company number 10200167 and has its registered office at Unit D3a, 477 - 479 Whippendell Road, Watford, WD18 7PU.
Definitions In these Terms and Conditions, the following definitions apply:
“Agreement” means the agreement between the Company and the Client for the supply of Private Hire/ Taxi Services and such other related Services/ or goods in accordance with these Terms and Conditions;
“Booking(s)” or “Booked” means the confirmed order placed by the Client for the supply of Private Hire/ Taxi Services and such other related Services/ or goods with and accepted by the Company;
“Charges” means any charges/ fees payable by the Client(s) which have been incurred by the Driver or the Company in relation to the Booking which include but are not limited to car park, congestion, toll, administration, waiting time, distance, debit/ credit card charges, cancellation, repair, cleaning and damage;
“Client(s)” means the individual(s) placing a Booking in a personal or corporate capacity, with the Company for the supply of Private Hire/ Taxi Services including any such other related Services or goods or accessing/ using the Company’s website;
“Company” means Execborne Limited registered in England and Wales under company number 10200167, registered office at Unit D3a, 477 - 479 Whippendell Road, Watford, WD18 7PU;
“Driver” means either a self employed local authority licensed Private Hire Driver working in association with the Company or a self employed local authority licensed Taxi Driver sub-contracted by the Company;
“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other Intellectual Property Rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
“Party” or “Parties” means solely the Company or the Client or both together;
“Personal Data” has the meaning as specified in Article 4 of the General Data Protection Regulation (GDPR) (EU) 2016/679;
“Private Hire/ Taxi Services” means the road transportation business provided by the Company using local authority licensed vehicles as well as licensed and self-employed drivers who provide a hire service for carrying passengers to their destination;
“Services” means the Company’s provision of Private Hire/ Taxi Services including any such other related services or goods, provided in the Booking;
“You” or “Your” means the Client(s) placing a Booking in a personal or corporate capacity, with the Company for the supply of Private Hire/ Taxi Services including any such other related Services or goods or accessing/ using the Company’s website.
2. Entire Agreement
2.2 Each Party agrees that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this Agreement;
2.3 No Party shall have any claim for innocent or negligent misrepresentation based upon any statement in this Agreement; and
2.4 Nothing in this clause shall limit or exclude any liability for fraud.
3. Basis of Agreement
3.1 The Booking constitutes an offer by You to purchase Services in accordance with these Terms and Conditions;
3.2 The Booking shall be deemed as accepted by the Company upon its communicated confirmation of the Booking at which point and on which date the Agreement shall come into existence;
3.3 Any samples, drawings, descriptive matter or advertising issued by the Company and any descriptions or illustrations contained in the Company’s marketing material, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Agreement or have any contractual force;
3.4 These Conditions apply to the Agreement to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing;
3.5 Any quotation given by the Company shall not constitute an offer.
4. Quotations and General Bookings
4.1 The Company endeavours to provide You with a fixed Services quotation in respect of a journey itinerary where requested via any method immediately or within 24 hours of receiving the Booking during 09:00hrs and 21:00hrs from Monday to Sunday. The quotation will remain subject to amendment should the details provided by You be varied in any form;
4.2 The Company reserves the right to request for a deposit in advance of certain booked journeys, without which the Booking will not be deemed as confirmed;
4.3 You are solely responsible for maintaining the accuracy of the Booking details that You have supplied to the Company via any such method and shall remain so thereafter for any losses or expenses due to the Company or the Drivers as a result of its errors;
4.4 You are responsible for ensuring that You and the other booked passengers board the vehicle at the time agreed in the Booking by both Parties. The Company shall permit up to 10 minutes free waiting time, after which You will be charged £2.00 for every 5 minutes or £20 per hour;
4.5 You may be contacted by us or third party service review companies following completion of the booking of our services strictly in order to provide feedback or reviews of your experience.
5. Airport Transfers
5.1 You are responsible for providing an accurate flight itinerary from the outset in respect of the Booking and the Company shall use its reasonable endeavours to track and monitor the vehicle and flight schedule to ensure that the Booking is completed as agreed;
5.2 You are responsible for providing the Company with the correct passenger and luggage information in order for it to dispatch a vehicle that is suitable and which satisfies the requirements of Your Booking. You must ensure that You select the appropriate vehicle with the correct passenger and luggage capacity when Booking online or via any other accepted method including by telephone or email. The Company shall provide You with a vehicle based upon the Booking information that You have provided but retains the right to refuse the Booking in the event of a modification of the original Booking such as including but not limited to extra passenger(s) and/ or luggage on collection, and for which the cancellation fee will become immediately applicable;
5.3 The Company shall permit up to 30 minutes free waiting time once the scheduled flight has landed for luggage collection and passport control. Any further additional waiting time will be chargeable at £20.00 per hour and payable at the completion of the journey or added to the final Corporate Client Priority Account invoice as applicable;
5.4 Airport Car Park Charges are supplementary and will be payable at the completion of the journey or added to the final Corporate Client Priority Account invoice as applicable.
6. Standard Payment
6.1 By confirming a Booking with the Company, You give full authorisation to be charged for the Services placed or provided including additional waiting Charges or any other Charges incurred;
6.2 Payment will either be calculated upon completion of the Booking in accordance with the taxi meter or as per the fixed quotation fare, including additional waiting Charges or any Charges incurred;
6.3 For general Bookings, You shall make the required payment to the Driver in cash or pay the Driver or Company using debit/ credit cards, which will be subject to a card-handling fee for the service imposed by the card-handling agents;
6.4 For Corporate Client Priority Account holders, the full fare will be added on account and become payable as agreed at the end of the month in strict compliance with the regular monthly invoice terms;
6.5 The Company reserves the right at its discretion to require You to pay a non- refundable advance deposit in order to secure certain high value Bookings;
6.6 You shall be responsible for payment of all car park/ congestion Charges in addition to any Charges incurred by the Company for the Booking;
6.7 You shall be offered a Receipt at the completion of the Booking, detailing the fare, Driver and key journey details.
7. Corporate Client Priority Account
7.1 Corporations or businesses are eligible to apply for a Corporate Client Priority Account with the Company. Upon acceptance by the Company, it shall complete registration of the Account and the Account holder will be solely responsible for enabling only its authorised representatives to place and confirm Bookings via this system using passwords that they have supplied in a secure and confidential manner;
7.2 Subsequent to setting up the Account, the Account holder agrees to pay the Company via bank transfer at the end of each month thereafter, for all the transportation Services provided and such other related Services in addition to any Charges incurred as a result of the Bookings and in strict compliance with the detailed invoice.
8. Cancellation and Refunds
8.1 If You wish to cancel a pre-ordered Booking, You must notify the Company via telephone, promptly or at least two hours prior to the collection time for short distance journeys and at least 5 hours prior for long distance journeys. The Company shall refund to the initial debit/ credit card used, the Booking amount paid minus any deposit and debit/ credit card service Charges applicable in addition to any other Charges incurred;
8.2 If You cancel the Booking after the vehicle has been dispatched then the Company shall refund to the initial debit/ credit card used, the Booking amount paid minus any deposit and debit/ credit card service Charges applicable in addition to any other Charges incurred including but not limited to those which are based on the time/ distance that the Driver has travelled to at the time of cancellation;
8.3 The Company shall raise and send invoices for cash Bookings, which are cancelled either less than two hours prior to the collection time for short distance journeys or less than 5 hours for long distance journeys. Time shall be of the essence of the Agreement where the invoices stipulate invoice payment within a time frame:
8.3.1 The Company will issue the first invoice notice requiring a payment charge for up to the full value of the original Booking price, to be paid within fourteen days from the date of the invoice notice;
8.3.2 If the first invoice notice remains unpaid, the Company will issue a second invoice notice requiring the payment amount as specified in the first invoice including an additional 10% charge of the original Booking price, to be paid within seven days from the date of the second invoice notice;
8.3.3 Should the second invoice notice remain unpaid, the Company shall commence any legal action deemed necessary to recover the debt outstanding;
8.4 To clarify, the Company reserves the right to refuse a deposit refund to You unless it is unable itself to provide the Service booked.
9. Passenger Conduct
9.1 You are entirely responsible for Your own conduct as well as for the conduct of any other passengers travelling in the vehicle, including any consequences (including termination of the Booking and future Services) or Charges resulting from any subsequent negligence, misconduct, actions or omissions in the following unacceptable circumstances including but not limited to:
9.1.1 Refusal to wear seat belts at all times and throughout the duration of the journey;
9.1.2 Causing spillage, soiling or contamination in the vehicles which will incur reasonable repair or cleaning Charges plus £100 representing a loss of earnings;
9.1.3 Causing damage to the vehicles, fittings or equipment;
9.1.4 Smoking or consuming any food, drink, alcohol or illegal substances;
9.1.5 Carrying of any animal with the exception of registered guide dogs;
9.1.6 Behaving in a derogatory/ threatening or intimidating manner;
9.1.7 Refusal to make an advance/ deposit payment where requested.
10. Conveying of Children
10.1 You accept all responsibility and risk for providing and/ or correctly installing a suitable safe and secure baby/ child car seat in the Company’s vehicles for any child travelling in respect of the Booking; and
10.2 You accept all responsibility and risk for properly securing any baby/ child into the car seat installed and will ensure that the baby/ child remains safely seated throughout the entire journey.
11. Lost Property
11.1 The Company shall use its reasonable endeavours to return to You, any items of property found and recovered in a vehicle after a journey, entirely at Your expense;
11.2 In the event that the recovered property stated in clause 11.1 is unclaimed despite the Company’s reasonable endeavours to contact the owner, the Company shall store the item(s) at its Head Office for a maximum period of 48 hours, after which the item(s) will be forwarded to the local authority.
12. Assignment and Subcontracting
12.1 The Company may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under these Terms and Conditions of the Agreement and may subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party or agent; and
12.2 You are not permitted, without the prior written consent of the Company to assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of Your rights or obligations under these Terms and Conditions of the Agreement.
13. Third Party
13.1 Any individual who is not a Party to the Agreement shall not have any rights to enforce any terms under the Contracts (Rights of Third Parties) Act 1999.
14. Data Protection and Confidentiality
15. Intellectual Property Rights
15.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Company. Any reproduction, distribution, or republication of any information, materials, documents and Services found on the Company’s website is strictly prohibited.
16.1 You will indemnify and hold the Company, directors, officers, employees and agents harmless from and against all liabilities including but not limited to, legal fees, damages, losses, costs and any other expenses in respect of any claims or actions brought against the Company as a result of any default, breach, act or omission by You or any other passenger of these Terms and Conditions of the Agreement or the website;
16.2 You will indemnify the Company against any loss or damage to any personal possessions, luggage or any other property that You or any other passengers carry with you or have responsibility for in respect of the Booking;
16.3 You will agree to co-operate with the Company fully in respect of any such defences undertaken by the Company.
17. Limitation of Liability
17.1 Neither Party excludes or limits its liability for death or personal injury caused by negligence, as such term is defined by the Unfair Contract Terms Act 1977, fraud, fraudulent misrepresentation as to a fundamental matter; breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) and any other liability which cannot be excluded or limited under applicable law;
17.2 The Company shall use all reasonable endeavours to provide the Services to You as requested and specified in the Booking however, the Company shall still reserve the right to amend, vary or cancel the Booking altogether where it deems necessary and excludes all liability and responsibility for loss caused to You through delays, variation, amendment or cancellation of the Booking or through use of its website;
17.3 The Company and any other associated Party (whether or not involved in creating, producing, maintaining or delivering the Site) exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third Party howsoever caused (including, without limitation, any special, direct, indirect, punitive or consequential loss or damages, or any loss of revenue, money, profits, business, agreements, opportunity, anticipated savings, goodwill, contracts, data, use of money, personal property or loss or damages arising from or connected in any way to business interruption, whether in tort (including, without limitation, negligence) contract or otherwise) in connection with the particular Booking or website in any way or in connection with the use, inability to use or the results of use of the website, any websites linked to the website or the material on such websites, including but not limited to loss or damage due to viruses that may infect Your computer equipment or the computer equipment that You are using, software, data or other property on account of Your access to, use of, or browsing of the website or Your downloading of any material from the website or any websites linked to the website;
17.4 You will accept all responsibility and risk when using the Company’s website as the Company makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive;
17.5 You accept that the Company is a limited liability entity and You agree in a personal capacity or on behalf of any other individual(s) or entity for whom You may act to not initiate a personal claim against any individual officers, directors or employees of the Company or be involved with such a claim in that respect in any way whatsoever for any losses suffered under these Terms and Conditions and Agreement;
17.6 You will accept all responsibility and risk for any property including but not limited to luggage and any other possessions belonging to You or the other passengers despite the Company’s reasonable endeavours to protect the property during the booked journey;
17.7 The Company will not be held liable to You in any manner in respect of any losses whatsoever and howsoever caused through any event or events beyond its reasonable control;
17.8 This clause 12 shall survive termination of the Agreement.
18. Termination Policy
18.1 The Company shall reserve the right to terminate the Agreement in the following circumstances:
- 18.1.1 Should there be any breach of these Terms and Conditions or there is any reason found through Your act or omission, for it to suspend, restrict or terminate Your access from its Services or website;
- 18.1.2 If You or Your company enters into bankruptcy, liquidation or arrangement with its creditors, instructs an administrator, a receiver or manager over part/ whole of the business, becomes insolvent or ceases trading;
- 18.1.3 You refuse to pay or are unable to pay any outstanding amounts due on account exceeding the initial agreed term.
- 18.2 The Company will terminate Bookings without any refund either prior to the journey or safely part way through a booked journey should it have any reason to believe that either the Driver or the vehicle is or may be placed at risk of damage, abuse, violence or threatening behaviour by You or any of the other passengers.
19. Dispute Resolution and Complaints Procedure
19.1 The Company’s policy is to respect and properly investigate any complaint logged by You promptly and You are responsible for contacting the Company in relation to any issue or dispute arising from any Booking immediately or within a reasonable period of time;
19.2 The Company is duty bound to produce as soon as is practically possible, the Complaints Record to authorised officers of the council or to law enforcement officials upon such request and each complaint logged shall remain in the Complaints Record for at least a period of 12 months from the date of the logged complaint.
21.1 If any provision or part-provision of the Agreement including the Terms and Conditions and the Privacy Statement should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
22. Warranties and Disclaimers
22.1 The Company disclaims all warranties in respect of information, documentation, Services held on its website, marketing materials, express or implied, including, but not limited to, any warranties against infringement of third Party rights, merchantability and fitness for a particular purpose.
23. Force Majeure Event
23.1 The Company will not be held liable in anyway to You for any delay or failure to perform the Agreement due to events or circumstances out of its reasonable control and as a result of a Force Majeure Event; and
23.2 For the purposes of these Terms and Conditions, a Force Majeure Event means an event beyond the reasonable control of the Company 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 suppliers or subcontractors.
24 Governing Law and Jurisdiction
24.1 The Agreement 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
24.2 The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
477 - 479 Whippendell Road
Telephone number: 01923 510101