Terms & Conditions for Commercial Account with DB Executive Travel
1. Definitions and Interpretation
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
‘Booking Form’ means the template we have provided for all journey bookings submitted by you to Us;
‘Car’ means the licensed vehicle to be provided by Us to you on the Day, to transport the passengers from the Pick-Up Location to the Destination on the Date;
‘Contract’ means the agreement for the purchase and sale of Services, as explained in Clause 2;
‘Day or Date’ means the date you have indicated in the Booking Form as the date you require our Executive Travel Services;
‘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 in the Booking Form;
‘Pick-Up Location’ means the address you have indicated in the Booking Form as the place we are picking up the Passenger(s) from;
‘Pick Up Time’ means the time you have indicated in the Booking Form that we should arrive at the Pick-Up Location;
‘Price’ means the price payable for Services;
‘Services’ means Car and Executive Travel Services which We provide to You under theContract and which are outlined in our proposal or quote;
‘You/Your/Yours’ means the organisation for whom we provide Our Services;
‘We/Us/Our’ means DB Executive Travel, 32 High Mead, Woodshaw, Royal Wootton Bassett, Wiltshire, SN4 8LW 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 Proposal 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 Proposal and these Terms and we have positively acknowledged your acceptance. They will remain in force for period of 12 months from the start date unless Clause 7.2 is triggered.
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 to You from time to time as requested using the Booking Form and subject to Our availability.
3.2. We shall provide Our Services:
3.2.1. With reasonable care and skill; and
3.2.2. In compliance with statutory and regulatory requirements affecting the provision of vehicles and driving services.
3.3. We can allow others (either in our place or together with us) to provide the Services without notice to you. If other persons perform the Services we will still continue to be responsible for the performance of the Services and our obligations under this contract.
3.4. 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.
3.5. The Driver will take instruction/alteration to the booked journey from the passenger/s being carried and the appropriate charge will be made.
3.6. Any excess time or mileage over and above the stated allowances will be charged at either the standard hourly rate or the additional mileage rate.
3.7. 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.
3.8. 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.
3.9. Our services will not be available on Christmas Day (25 th December).
4. Price and Payment
4.1. Rates specific to this Contract will be outlined in Our Proposal. There are no additional charges for waiting times, tolls or parking.
4.2. We will provide a Price per journey based on the rates agreed in this contract. Subject to a minimum charge for short distances.
4.3. Where it is necessary for a Driver to spend a night away a charge will be made for food, beverage and accommodation at cost.
4.4. Should our vehicle be on the road between midnight and 06.00 hours, base to base, an additional anti-social hours surcharge will apply.
4.5. You will be invoiced for each journey separately after it has been completed
4.6. Invoices are payable within fourteen (14) calendar days of the invoice date.
4.7. The Price as stated in the Contract does not include Value Added Tax (“VAT”). All payments are due in Pounds Sterling.
4.8. We accept payment by BACS/Faster Payment and by debit or credit card. Our bank details are on Our Invoice.
4.9. If payment of the price or any part thereof is not made by the due date We may:
4.9.1. 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,
4.9.2. 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.
4.9.3. Seek to recover all costs reasonably incurred by us in collecting payment of any overdue invoices from you.
4.10. If the passenger does not appear and make contact with our driver at the booked time and the designated pick-up location, we reserve the right to make charge of 50% of the price for the journey.
4.11. Gratuities are at Your discretion and are not included in the price. If You wishes to make a gratuity payment, You may request this be charged at Your discretion.
5. Client Responsibility
5.1. At the time of booking, we request that You 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, and no alternative vehicle is available, We will advise You accordingly.
5.2. If the roads deteriorate at any time prior to the Day of the journey please inform us immediately so we can perform a safety inspection.
5.3. All passengers should be ready in good time, although we will accommodate any changes in departure times;
5.4. 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.
5.5. 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 passenger(s).
5.6. 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.
5.7. 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.
5.8. It is the hirers responsibility to ensure that all passengers wear seat belts and observe or heed any safety instructions our staff give.
5.9. 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.
5.10. 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.
5.11. 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.
5.12. 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.
5.13. Only assistance dogs are permitted in Our vehicles, no domestic pets allowed.
6. Changes & Cancellations
6.1. If you need to cancel or amend your booking, please contact Us as soon as possible.
6.2. If you cancel a booking after the vehicle has been dispatched then a charge may be incurred; the charge will be based on the distance/time that the allocated driver has travelled/spent prior to the point of cancellation. As a general rule journeys from airports are dispatched up to two hours before flight arrival, pick-ups within the surrounding area of Swindon are normally dispatched up to thirty minutes before their due time.
6.3. We cannot guarantee availability for short notice changes to the date or time of your journey.
7. Termination & Break Clause Provision
7.1. This contract is for a 12-month duration from the start date.
7.2. Should either party believe that clause 7.3.1 or 7.3.2 apply they can, by giving 4 weeks’ notice, invoke a break clause to terminate the contract after 6 months from the start date.
7.3. The break clause conditions are as follows:
7.3.1. The number of actual journeys booked during the contract to date is less than 70% of the journeys proposed by You at the beginning of the Contract (business levels) for the period; or
7.3.2. The number of journeys completed by Us is less that 70% of the journeys requested by You (Our availability) for the period.
7.4. Either party has the right to terminate the Contract with immediate effect in the event of any of the following:
7.4.1. Either Party commits a material breach of the Contract and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other Party to do so; or
7.4.2. Either Party commits a material breach of the Contract which cannot be remedied under any circumstances; or
7.4.3. Either Party passed a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
7.4.4. Either Party ceases to carry on their business or substantially the whole of their business; or
7.4.5. Either Party is declared insolvent, or convenes a meeting of creditors or make or propose to make any arrangement or composition with their creditors; or
7.4.6. A liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of either Parties assets.
7.5. All notices of termination of the Contract should be submitted to the other Party in Writing.
7.6. Upon termination all sums outstanding become immediately owing.
8. Our Liability
8.1. 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.
8.2. All luggage is carried entirely at your risk.
8.3. If the car breaks down during your journey We will endeavour to arrange an alternative car to complete the journey as soon as practicable.
8.4. You shall indemnify Us against all losses, costs, damages and expenses arising from any act or omission of any passenger in your party.
8.5. 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.
8.6. 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.
8.7. 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.
8.8. 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.)
9. Events Outside of Our Control (Force Majeure)
9.1. 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.
9.2. 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.
10. Communication and Contact Details
10.1. 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 Dave Barnes on 07850 100859, or by email at firstname.lastname@example.org
11. Data Protection
11.1. ‘Data Protection Legislation’ refers to all applicable privacy and data protection laws including the General Data Protection Regulation ((EU) 2016/679) and any applicable national implementing laws, regulations and 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, including the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426).
11.2. 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 11.1.
11.4. 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 11.1 and should Use and hold Your personal information accordingly.
11.5. We will not pass on your personal information to any other third parties for marketing purposes without first obtaining your express consent.
12. Other Important Terms
12.1. In the event that 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.
12.2. The contract between You and Us for the sale 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.
12.3. 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.
13. Governing Law and Jurisdiction
13.1. 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.