Terms & Conditions - DB Executive Travel
These Terms and Conditions are the standard terms of engagement for Executive Travel Services from DB Executive Travel & Wedding Cars Ltd, 29 Pritchard Way, Bristol, BS37 7EL
1. Definitions and Interpretation
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
‘Car’ means the licensed vehicle to be provided by Us to You on the Day, to transport the Passengers from the Collection Address to the Destination;
‘Collection Address’ means the address You have advised, and is confirmed in Our Confirmation Email, as the place We are picking up the Passenger(s) from;
‘Collection Time’ means the time You have requested, and is confirmed in Our Confirmation Email, that We should arrive at the Collection Address;
‘Confirmation Email’ means the formal statement We send to You setting out the costs and particulars of Your journey(s).
‘Contract’ means the agreement for the purchase and sale of Services, as explained in Clause 2;
‘Day or Date’ means the Date You have requested, and has been confirmed in Our confirmation email, as the Date You require Our Executive Travel Services;
‘Destination’ is the location You have advised, and is confirmed in the quotation, that We are dropping off the Passengers;
‘Driver’ means Our employee or agent who will be driving the Vehicle and chauffeuring You (and if required, Your Passengers);
'Parties' means You and Us, and 'Party' shall mean either one of Us;
‘Passenger(s)’ means the Passenger(s) You have named and who are included in Our Confirmation Email;
‘Price’ means the price payable for Services;
‘Services’ means Car and Executive Travel Services that We provide to You under the Contract and which are outlined in Our proposal or quote;
‘You/Your/Yours’ means the individual or organisation for whom We provide Our Services;
‘We/Us/Our’ means DB Executive Travel, 29 Pritchard Way, Bristol, BS37 7EL and includes all employees and agents of DB Executive Travel.
‘Writing’ includes electronic mail, facsimile transmission and comparable means of communication.
2. The Contract
2.1. These Terms & Conditions and the Quotation provided by Us constitute the entire Contract between You and Us.
2.2. The Contract is considered to start when You have confirmed acceptance of Our Confirmation Email and these Terms and We have positively acknowledged Your acceptance and receipt of Your booking fee.
2.3. The Parties agree to do everything necessary to ensure that the terms of this Contract take effect.
2.4. These Terms & Conditions apply to the Contract 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.
2.5. Any amendment or modification of this Contract or additional obligation assumed by either Party in connection with this Contract will only be binding if evidenced in writing, signed by each Party or an authorised representative of each Party.
3. Description of Services
3.1. We shall provide Our Services:
3.1.1. With reasonable care and skill; and
3.1.2. In compliance with statutory and regulatory requirements affecting the provision of vehicles and driving services.
3.2. In the unlikely event that it becomes necessary (through illness etc) We can allow others (either in Our place or together with Us) to provide the Services and will always advise You of this in advance. If other persons, not employees of DB Executive Travel, perform the Services, they become responsible for the performance of the Services and Our obligations under this contract.
3.3. The Driver will, unless given specific instructions by You, travel by the route which is, in his/her opinion, the best and most convenient for motoring whether that route is the shortest or not. No allowance will be made to You on the grounds that the route travelled is not the shortest or the quickest.
3.4. The Driver will take instruction/alteration to the booked journey from the Passenger(s) being carried and the appropriate charge will be made.
3.5. We endeavour to provide the highest standards of safety and service. Each vehicle is maintained in strict accordance with the Local Authority Carriage Office regulations and over and above the manufacturer’s recommendations.
3.6. We agree to maintain adequate insurance in respect of Our vehicles and, in relation to the provision of the Services, with a reputable insurance company against all insurance liability of such an amount as shall be determined by Us. We shall, upon written request by You, provide You with copies of the Certificates of Insurance.
4. Price and Payment
4.1. Unless otherwise agreed a 50% booking fee is required at the time of booking to secure your Date(s).
4.2. Rates specific to this Contract will be outlined in Our Confirmation Email. There are no additional charges for waiting times, tolls or parking.
4.3. If the details of the booking change after the booking fee is paid and the changes result in an increase in the price, the difference is added to the remaining balance to be paid. If it results in a reduction in the price, then the remaining balance is reduced. The remaining balance is still due as outlined in Clause 4.6.
4.4. Where it is necessary for a Driver to spend a night away a charge will be made for food, beverage and accommodation at cost.
4.5. Should Our vehicle be on the road, and carrying passengers, between midnight and 06.00 hours, an additional anti-social hours surcharge will apply.
4.6. Unless otherwise agreed, full payment for services are due as follows:
4.6.1. For honeymoon / school prom transfer services, one week before the first Date of travel.
4.6.2. For Touring Days, one week before the first Date of travel.
4.6.3. For other Executive Travel services, before exiting the car on the first Day of travel.
4.7. For bookings relation to 4.4.1 & 4.4.2 that are made within 1 week of the Date of travel full payment is required with the booking.
4.8. All invoices are payable on receipt.
4.9. The Price as stated in the Contract does not include Value Added Tax (“VAT”). All payments are due in Pounds Sterling.
4.10. We accept payment by BACS/Faster Payment and by debit or credit Card. Our bank details are on Our Invoice and Confirmation Email.
4.11. If payment of the price or any part thereof is not made by the due Date, We may:
4.11.1. Cancel the Contract or suspend any further provision of the Services to You with immediate effect. Any such period of suspension shall be disregarded for the purpose of contractual time limits previously agreed for the completion of the Services,
4.11.2. Exercise Our statutory right to charge interest at 8% above the Bank of England base rate on late business debts under provisions in the Late Payments of Commercial Debts (Interest) Act 1998.
4.11.3. Seek to recover all costs reasonably incurred by Us in collecting payment of any overdue invoices from You.
4.11.4. If the passenger does not appear and make contact with Our driver within a reasonable time of the booked time at the designated Collection Address the booking fee will not be refunded and We reserve the right to request the full amount to be paid.
4.12. Gratuities are at Your discretion and are not included in the price. If You wish to make a gratuity payment, You may request this be charged at Your discretion.
5. Client Responsibility
5.1. It is the responsibility of the business/individual making the booking to inform Us of any adverse road conditions or any potential difficulties in finding the location(s) that they know of.
5.2. All Passengers should be ready in good time, although We will aim to accommodate any changes in departure times. When departing later than scheduled You acknowledged that we may arrive at the destination later than planned. Our drivers will not drive unsafely to make up any lost time.
5.3. All Passengers should behave in a polite and reasonable fashion to our Driver and not engage in threatening or offensive behaviour or make or use threatening, offensive, derogatory, sexual or racial comments or words.
5.4. Our Drivers have the right to refuse to carry any Passenger who is thought to be under the influence of alcohol or drugs and whose behaviour poses a threat either to the Driver, the vehicle or any other Passengers(s).
5.5. The Driver is authorised by Us to stop the car and ask any Passengers to leave the vehicle if in his opinion they act contrary to Our conditions of hire in any way. The Passengers must not distract, interfere with or encourage or harass the Driver into breaking the law or any of these conditions. You will still be liable for the full price of the journey. 5.6. It is the hirers responsibility to ensure that all Passengers respect Our property. If any Passenger does damage the Car in any way We will have the right to immediately stop providing the Services and may seek to recover the cost of any repairs from You. This will include a charge for the period the vehicle is off duty.
5.7. It is the hirers responsibility to ensure that all Passengers wear seat belts and observe or heed any safety instructions Our staff give.
5.8. If children are to be transported by Us, You will ensure that there are a sufficient number of adults present to properly supervise them and take care of them in the event of accidents or other events and You acknowledge and agree that We will not be responsible for supervising or taking care of them or deal with any matter where their health or care is involved.
5.9. The provision and installation of child seats and or booster seats, shall be the responsibility of the hirer. The Driver will not have been trained to assist.
5.10. We operate a NON-smoking policy to protect Our Drivers’ health and Our liabilities in line with health and safety legislation. Smoking in the cars is not permitted. The Driver will stop for a break if requested. Please inform Us in advance if this is required to allow extra time for the journey. Food and drink can be consumed in the car only with the chauffeur’s permission.
5.11. Any Passenger causing excessive soiling inside the vehicle will be charged for valeting of the vehicle. Excessive soiling is when the car is unusable for the next client and cannot be easily rectified by the Driver with equipment provided in the vehicle. This will include a charge for the period the vehicle is off duty.
5.12. Unless otherwise agreed, only assistance dogs are permitted in Our vehicles.
6. Changes
6.1. We cannot guarantee availability for short notice changes to the Date or time of Your journey.
6.2. Any changes to the booking made by You in advance of the first Date of travel will be subject to a recalculation of the charges. If You are changing the Date and We are unable to provide Our services in the new Date the booking will be cancelled and You agree to pay Us for all reasonable costs incurred in preparing for Your original booking.
7. Cancellation
7.1. IMPORTANT INFORMATION: As this is a contract for vehicle hire it is exempt from the statutory 14 Days cancellation period for individuals. However, should You wish to cancel Your booking please refer 7.2 & 7.3 below.
7.2. If You wish to cancel a booking after it has been accepted, You must give Us notice in writing.
7.3. In such instances a cancellation fee will apply as follows, unless otherwise agreed:
7.3.1. The booking fee is non-refundable, however if We deem it appropriate then We will refund it at Our discretion providing the booking is cancelled up to one week prior to the first Date of travel.
7.3.2. If You cancel within one week of the travel Date We require 25% of the remaining balance to be paid.
7.3.3. If You cancel with 48 hours of the first travel Date the entire amount is due to be paid.
8. Termination
8.1. We reserve the right to terminate the Contract with immediate effect in the event of any of the following:
8.1.1. that You become insolvent or enter into some form of insolvency arrangement.
8.1.2. that You suspend, threaten to suspend, cease or threaten to cease to carry on, all or substantially the whole of Your business;
8.1.3. that You (being an individual) die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing Your own affairs or become a patient under any mental health legislation.
8.2. If either Party breaches a material provision under this Contract, the non-defaulting Party may terminate this Contract immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
8.3. Without limiting Our other rights or remedies, We may terminate this Contract with immediate effect by giving written notice to You if You fail to pay any amount due under this Contract on the due Date for payment.
8.4. All notices of termination of the Contract should be submitted to the other Party in Writing.
8.5. Upon termination all sums outstanding become immediately owing.
9. Our Liability
9.1. We shall use all reasonable endeavours to get You to Your Destination on time but shall not be liable for any loss due to delays caused by road or traffic conditions beyond Our control on the journey. Under no circumstances shall We be liable (in Contract, tort or otherwise) for any loss of profits, business or for any indirect or consequential loss whatever.
9.2. All luggage is carried entirely at Your risk.
9.3. If the car breaks down during Your journey, We will endeavour to arrange an alternative car to complete the journey as soon as practicable.
9.4. You shall indemnify Us against all losses, costs, damages and expenses arising from any act or omission of any Passenger in Your party.
9.5. Neither party excludes or limits its liability for death or personal injury caused by negligence, or for wilful default or fraudulent misrepresentation, or otherwise in any manner unenforceable by any applicable law.
9.6. Under the terms of Our insurance policy, We expressly prohibit any persons other than Our own Drivers from driving Our vehicle(s) and will only carry the number of Passengers according to that vehicle’s seating capacity.
9.7. Our Insurers will not cover injury caused by Passenger’s irresponsibility such as not wearing a seat belt or opening doors before the vehicle has come to a halt.
9.8. Except in the case of death or personal injury caused by Our negligence, Our liability under or in connection with this agreement, whether arising in Contract, tort, negligence, breach of statutory duty or otherwise shall not exceed the sum of either the amount You have paid for a Service or £5,000,000 whichever is the higher. (This does not affect any claim that falls under the various Transportation Acts.)
10. Events Outside of Our Control (Force Majeure)
10.1. We shall, without liability on Our part, be entitled to cancel all services in the event of a declared national emergency, riot, war, fuel shortage, extreme weather or terrorist attack, or other circumstances beyond Our control.
10.2. We shall not be liable for any delay or failure to perform any of Our obligations if the delay or failure results from events or circumstances outside Our reasonable control.
11. Communication and Contact Details
11.1. We are committed to providing You with a high-quality service that is both efficient and reliable. If You would like to discuss how Our service could be improved or if You are dissatisfied with the service You are receiving, please let Us know by contacting Georgi Hristov on +44 7756 663740, or by email at info@dbexecutivetravel.net
12. Data Protection
12.1. ‘Data Protection Legislation’ refers to The Data Protection Act 2018 and any secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time.
12.2. All personal information that We may collect (including, but not limited to, Your name, postal address, email address and telephone number) will be collected, Used and held in accordance with the provisions of Data Protection Legislation as defined in Clause 12.1.
12.3. How We collect, Use, and store Your personal information is set out in Our Privacy Policy.
12.4. In certain circumstances, and with Your consent, We may pass Your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Legislation as defined in Clause 13.1 and should Use and hold Your personal information accordingly.
12.5. We will not pass on Your personal information to any other third parties for marketing purposes without first obtaining Your express consent.
13. Other Important Terms
13.1. If any of the provisions of the Contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Contract.
13.2. The Contract between You and Us for the sale of Executive Travel Services shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by You, without Our prior written consent.
13.3. No failure or delay by Us in exercising any of Our rights under this Contract means that We have waived that right, and no waiver by Us of a breach of any provision this Contract means that We will waive any subsequent breach of the same or any other provision.
14. Governing Law and Jurisdiction
14.1. This Contract shall be governed by and construed in accordance with English Law and the Parties agree to submit to the exclusive jurisdiction of the courts of England & Wales.
