1. Supply of Executive Travel Services
1.1. We will supply the Car and Executive Travel Services for the Day, beginning at the Pick Up Time and finishing at the End Time. You will pay the Price at the times stated in this contract.
1.2 We shall provide the Car and Executive Travel Services:
1.2.1. with reasonable care and skill; and
1.2.2. in compliance with statutory and regulatory requirements affecting the provision of vehicles and driving services.
1.3 A binding contract between you and us will come into being only when we submit the Booking Form. Although there may be a binding contract between us, the Date will not be binding on the Company unless and until we receive your Booking Fee, and the amount stated on the Booking Form for the estimated Extras.
1.4 We will always try to inform you in advance of the Day if we are not able to provide your Car and to offer you a suitable substitute Car although that may not always be possible.
1.5 We will get as close as we reasonably can to the locations you have informed us of but depending on the road and weather conditions cannot guarantee a door-to-door service (we always carry an umbrella just in case).
1.6 Our drivers are trained to drive at safe and sensible speeds in accordance with national speed restrictions and road or traffic conditions.
1.7 Our drivers are trained to only park where it is safe and legal to do so.
2. Booking Fee, Price and Payment
2.1 For wedding air/seaport transfer services only, you will need to pay the full fee for the Car and Executive Travel Services, either before the travel day, and for other Executive Travel services before exiting the car.
2.2 Preferred method of payment if not paid online in advance is via any major debit/credit card.
2.3 All amounts stated are exclusive of VAT as we are currently not VAT registered.
2.4 The Price is calculated based on the distance required to transport you from the Pick Up location, to the Destination.
2.5. If you change of any of these after you have placed your order (and you have confirmed in writing (including email) on the Booking Form) then we will have the right to recalculate the Price you will need to pay the Company any additional amount. If you do not wish to pay the new Price then you can cancel our contract (in writing only). If you do cancel the contract in these circumstances you may have to pay the Company for the reasonable costs, expenses or other amounts which we cannot reasonably avoid because of your cancellation. Cancellations are dealt with further in clause 3 below.
3. Cancellations and / or changes
3.1 We hope that there is no need to cancel the contract between us. However, if you cancel the contract between us for any reason then we may need to charge you for certain unavoidable costs.
3.2 We often need to make arrangements and carry out planning etc for providing the Executive Travel Services for your Day. This is done in advance of the Day. If you cancel the contract, we may have already spent time in doing this and may have turned away other clients.
3.3 Where you cancel the contract at any time up to 1 week before the Day you will need only to forfeit the Booking Fee, where paid in advance.
3.4 Where you cancel the contract less than one week before the Day, where the full Price has already been paid, a 50% refund may be paid at the Company’s discretion.
4. Our Requirements
4.1 At the time of booking, we need you to please advise us of any narrow and rough roads. If you make us aware of any tricky road conditions, we will inspect them within 14 days of receiving your booking. If we consider the journey to not be safely navigable in the Car, we will advise you and if an alternative Car is not available we will refund your Booking Fee in full.
4.2 If the roads deteriorate at any time prior to the Day please inform us immediately so we can perform a safety inspection.
4.3 The Company operates a no smoking policy
5. Your obligations
5.1 You will:
5.1.1. Make sure the people being transported are ready in good time, although we will accommodate and changes in departure times;
5.1.2. ensure that your guests, clients and other persons being transported by us behave in a polite and reasonable fashion to our staff during the day and that those persons do not engage in threatening or offensive behaviour or make or use threatening, offensive, derogatory, sexual or racial comments or words. If you or any of your guests, clients or other persons being transported do behave in any of these ways, or who appears to be under the influence of alcohol or drugs, we will have the right to immediately stop providing the Executive Travel Services and no refund or compensation will be given, and full payment will be required if not already made;
5.1.3. ensure that your guests, clients and other persons being transported by us do not damage our Car. If you or any of your guests, clients or other persons being transported do damage our Car in any way we will have the right to immediately stop providing the Executive Travel Services and may seek to recover the cost of any repairs from you;
5.1.4. ensure that your guests, clients and other persons being transported by us wear seat belts and observe or heed any safety instructions our staff give;
5.1.5. ensure that no red wine or other coloured drink is consumed in the car without prior permission.
5.2 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 the Company will not be responsible for supervising or taking care of them or deal with any matter where their health or care is involved.
5.3 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.
Limitation on our liability to you
6.1 Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount, having regard to such factors as whether the damage was due to a negligence or omission by the Company, our employees or agents. Our liability for death or personal injury is also subject to the limitations set out in clause 7 below.
6.2 We will use all reasonable endeavours to ensure that we deliver your passengers to the Destination Venue in good time however, we are unable to guarantee the road conditions or any traffic or accidents on the route and therefore, we will not be liable for any delays under these circumstances.
6.3 The Company is fully insured for passenger and third party liability. We are unable to accept responsibility for passenger’s personal property and will not be liable for any loss or damage to any such property. However, once you have left the Car, we will inspect the inside to ensure nothing is left behind and if we find anything we will be in touch immediately.
6.4 We will plan to arrive 15 minutes before your required pick up time, prepared to leave as soon as you are ready, however, we cannot accept responsibility for any delays caused by circumstances out of our control.
7. Limitation and exclusion of liability for personal injury and death
7.1 We will compensate you for any loss or damage you may suffer if we fail to carry out duties imposed on us by law including if we cause death or personal injury to you (or those who could be reasonably foreseen as being subject to the Executive Travel Services by our negligence), unless that failure is attributable to:
7.1.1. your own fault;
7.1.2. the fault of one of the passengers you have asked us to transport;
7.1.3. a third party unconnected with the provision of the Executive Travel Services under this contract; or
7.1.4. events which we could not have foreseen or forestalled even if we had taken all reasonable care.
7.2 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.)
8. Duration and termination
8.1 This contract shall come into effect on the date that the Company confirms the Booking Form, and, unless terminated earlier or as otherwise provided in this contract, shall terminate automatically when we have completed performing the Car and Transfer Services.
8.2 On termination of this contract you shall pay for all Car and Transfer Services still outstanding and for all amounts falling due for payment after the date of termination from commitments we have reasonably and necessarily incurred for the performance of the Car and Transfer Services prior to the date of termination.
9.1 We can allow others (either in our place or together with us) to provide the Executive Travel Services without notice to you. If other persons perform the Executive Travel Services we will still continue to be responsible for the performance of the Executive Travel Services and our obligations under this contract.
10. Contacting each other
10.1. If you wish to send us any notice or letter then you should to send it to DB Wedding Cars & Executive Travel, 32 High Mead, Woodshaw, Royal Wootton Bassett, Wiltshire, SN4 8LW. For the attention of Dave Barnes. If we wish to send you a letter or notice, we shall use the postal and email addresses you have given on the Booking Form.
10.2. We require any cancellations or amendments to be made or confirmed in writing by the signatory of the Booking Form to protect you from hoax calls. (Emails on their own are not acceptable only a letter with an original signature will be accepted).
11. Contracts (Right of Third Parties) Act 1999
11.1. For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
12. Reliance on these terms and conditions
12.1. We intend to rely on these terms and conditions as being the terms and conditions of the contract between you and us. Any changes to the terms and conditions that you wish to make should be put in writing. Any changes will require our agreement.
13. Law and Jurisdiction
13.1. This contract shall be governed and construed by English law and you and we agree to submit to the jurisdiction of the courts of England and Wales.
In this contract, the following words have particular meanings:
Booking Fee: For wedding air/seaport transfer services only, a non-refundable payment of 50% of the Price per Car to be paid by you at the time you confirm acceptance of the Formal Quote
Booking Form means the form which is completed by you and me and which indicates the Transfer Services that you wish me to provide and the Price at which we are willing to provide those Transfer Services (with other details relating to your order) subject to the terms and conditions of this contract;
Passenger(s): the passenger(s) you have named in the Booking Form
Car means the licensed car to be provided by the Company to you for the Day, to transport the passengers from the Pick Up Location to the Destination Venue on the Date
Day or Date: the date you have indicated in the Booking Form as the date you require our Executive Travel Services
Destination Venue: the address you have indicated in the Booking Form as the place we are transporting the Passengers to
Driver: our employee or agent who will be driving the Car and chauffeuring you (and if required your passengers)
End Time: the time we have made our last drop off and are not required for photographs or other services
Extras: any additional trips we are asked to carry out either in advance or on the Day
Formal Quote: is the quote that is sent to you upon which the Booking Fee is required for wedding air/seaport transfer services only, to secure the booking
'Parties' means you and us, and 'Party' shall mean either one of us
Pick Up Location: the address you have indicated in the Booking Form as the place we are picking the Passenger(s) from
Pick Up Time: the time you have indicated in the Booking Form that we should arrive at the Pick Up Location
Price: the total cost of hiring the Car and the provision of a Driver to provide Executive Travel services including any extras
The Company: means DB Wedding Cars & Executive Travel, 32 High Mead, Woodshaw, Royal Wootton Bassett, Wiltshire, SN4 8LW
'We', 'us', 'our' etc means DB Wedding Cars & Executive Travel, 32 High Mead, Woodshaw, Royal Wootton Bassett, Wiltshire, SN4 8LW
'You', 'your' etc means the person described under 'Customer Details' in the Booking Form and who places an order with us for Transfer Services