Terms & Conditions - DB Wedding Cars

These Terms and Conditions are the standard terms of engagement for Wedding Car Services from DB Wedding Cars, 32 High Mead, Woodshaw, Royal Wootton Bassett, Wiltshire, SN4 8LW.

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 on the Date;

‘Collection Address’ means the address You have advised, and is confirmed in the Wedding Itinerary, as the place We are collecting the Passenger(s) from;

‘Collection Time’ means the time You have requested, and is confirmed in the Wedding Itinerary, that We should arrive at the Collection Address;

‘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 the Wedding Itinerary, as the date You require Our Wedding Car Services;

‘Destination’ is the location You have advised, and is confirmed in the Wedding Itinerary, that We are taking the passengers too;

‘Driver’ means Our employee or agent who will be driving the Vehicle and chauffeuring You (and if required Your passengers);

‘Passenger(s)’ means the individuals who will be using the Wedding Car Service on the prescribed date;

‘Price’ means the price payable for Services;

‘Quotation’ means the formal statement We send to You setting out the costs and particulars of the package or Car You have requested.

‘Responsible Person’ means the person making the booking, be it the couple or a third party on their behalf.

‘Services’ means Car and Wedding Car Services which We provide to You under the Contract and which are outlined in Our proposal or quote;

‘You/Your/Yours’ means the individuals for whom We provide Our Services;

‘Wedding Itinerary’ means the document that contains the particulars of the booking, such as parties, date, venue and ribbon colours.

‘We/Us/Our’ means DB Wedding Cars and includes all employees and agents of DB Wedding Cars.

‘Writing’ includes electronic mail, facsimile transmission and comparable means of communication.

2. The Contract

2.1. These Terms & Conditions, the Quotation provided by us and the Wedding Itinerary constitute the entire Contract between You and us.

2.2. The contract is considered to start when You have confirmed acceptance of Our Quotation and these Terms and We have positively acknowledged Your acceptance and receipt of Your booking fee.

2.3. The responsible person is liable for fulfilling this contract. If this is the couple they are jointly and severable liable.

2.4. The Parties agree to do everything necessary to ensure that the terms of this Contract take effect.

2.5. 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.

2.6. 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 Wedding Cars, perform the Services, they become responsible for the performance of the Services and Our obligations under this contract.

3.3. Our Cars are serviced every 6 months and are always kept in top condition, including the engine. To date, We have never had a Car break down on the way to a Wedding. However, We are very aware that this could happen in spite of the Careful precautions We take. If the Car does break down, We have three options, none of which would result in any further costs to You:

3.3.1.Use Our other Car if it is not being used for a Wedding.

3.3.2.If the Car breaks down in the Week before the Wedding, We will hire a replacement vehicle. We wouldn't be able to hire one on the day as it would be too short notice.

3.3.3.We have a chauffeur company who We use as back up for Our Sister service DB Executive Travel, We can use them for a Wedding if needed. The Car would not be to the same level of luxury, but You would still get to Your Wedding. We would always try to have bows, but it may not be possible.

3.4. If You would prefer to not use Our alternatives, You will be given a full refund and given a £40 John Lewis gift Card.

3.5. We will always ask for a contact number for somebody on the Wedding day so We can get in touch in case of an emergency, such as vehicle breakdown or illness, and We would contact this person as soon as possible to advise You of the alternative options mention in Clause 3.3 above.

3.6. We plan for the Car to be within 5 miles of the first location at least 1 hour and 30 minutes before the Car is required. This gives us some extra time in case anything happens on the way to the area.

3.7. 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.

3.8. The Driver will take instruction/alteration to the booked journey from the passenger/s being Carried and the appropriate charge will be made.

3.9. 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.

3.10. We strive 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.

3.11. 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. Rates specific to this Contract will be outlined in Our quotation. There are no additional charges for waiting times, tolls or parking.

4.2. Unless otherwise agreed, payment for services are due as follows:

4.2.1.To confirm the booking date We will require 50% of the overall price as a non-refundable booking fee.

4.2.2.The remaining balance must be paid one month before the Wedding, We will send a reminder email 2-3 Weeks before this date to remind You.

4.2.3.If the payment is not received, We will chase it by email and then phone call. If the payment is not received by the Week before the Wedding, We will cancel the booking and will not refund the booking fee

4.3. The Price as stated in the Contract does not include Value Added Tax (“VAT”). All payments are due in Pounds Sterling.

4.4. We accept payment by BACS/Faster Payment and by debit or credit Card. Our bank details are on Our Invoice and Quotation. We will also accept payment by Cheque, made payable to DB Executive Travel & Wedding Cars.

4.5. If payment of the price or any part thereof is not made by the due date, We may:

4.5.1.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.

4.5.2. 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.

4.6. Seek to recover all costs reasonably incurred by Us in collecting payment of any overdue invoices from You.

4.7. 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, no refund will be given.

4.8. 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. In the Week before the Wedding We do a ‘test run’ to check the road conditions and to ensure We know where to go. If We consider the journey to not be safely navigable in the Car, and no alternative route is available, We will advise You accordingly.

5.2. After the booking fee is paid, We will ask for the details We need to complete the booking. We will then put these into the 'Wedding Itinerary’ and send it to the responsible person. Every time there is an update to the details, We will send an updated Itinerary. It is the responsibility of the person making the booking to ensure the details are correct.

5.3. All passengers should be ready in good time, although We will try to 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 Hirer’s 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 Hirer’s 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. Unless otherwise agreed, only assistance dogs are permitted in Our vehicles.

6. Changes & Postponement

6.1. Any changes to details can be made up to 1 month before the Wedding, however if any of these changes affect the costs, We can change the price. This will be added to the final payment that is required one (1) month before the day.

6.2. Any changes requested after one (1) month before the Wedding day may be accommodated if possible.

6.3. The colour of the bows and ribbons can’t be changed after two (2) Weeks before the Wedding.

6.4. If the date is postponed and We are available, then We are happy to accommodate the change up to one (1) month before the original date. However, if We are not available, then the Cancellation Clause 7 below will apply.

7. Cancellation

7.1. IMPORTANT INFORMATION: As this is a contract for vehicle hire it is exempt from the statutory 14 days cancellation period. 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:

7.3.1. If cancelled 2 months or more prior to the date of the Wedding date, We may, at Our discretion, refund the booking fee.

7.3.2. If cancelled within 2 months of the Wedding, We may, at Our discretion, refund 50% of the booking fee (25% of the overall price)

7.3.3. If cancelled within 1 month of the Wedding, We will not refund the booking fee.

7.3.4. If cancelled within 2 Weeks of the Wedding, We may, at Our discretion, refund the final payment if it has been received.

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 bankrupt or enter into some form of insolvency arrangement.

8.1.2.That You (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes 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. Whilst every effort will be made to arrive at scheduled locations in good time, no responsibility can be taken for unforeseen road closures or for restrictions relating to vehicle access to any location or unforeseen physical delays on route to the ceremony or adverse Weather conditions. We cannot be held responsible for late arrival or cancellation due to any other circumstances beyond Our immediate control. We strongly recommend that You are covered by adequate Wedding insurance.

9.2. Every effort is taken to ensure against damage or loss. We take no responsibility for personal belongings or clothing that may become damaged or lost.

9.2.1.It is the Hirer's responsibility to ensure that all personal items are removed from the vehicle at the end of the hire period. The Car, once left its location will not normally return with left items. We will check for left property as You leave the vehicle, however should any item be found in the vehicle after We have left the location it will be taken to the local police station where We will obtain a receipt for it from the duty officer and We advise the Hirer of the same.

9.2.2.Luggage/belongings can be left in the vehicle at the Hirers own risk.

9.2.3.It is the responsibility of the Hirer and / or passengers to ensure that clothing is kept clear of any part of the vehicle that could dirty or damage their clothing.

9.3. You shall indemnify Us against all losses, costs, damages and expenses arising from any act or omission of any passenger in Your party.

9.4. 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.

9.5. 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.

9.6. 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.

9.7. 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 Hannah Barnes on 07548 931339, or by email at hannah@dbweddingcars.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 13.1.

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.

12.6. We may take photographs for Our own promotional use, they may appear on Our social media sites and Website and by agreeing to these conditions You have given Us permission to do so, We will own and retain copyright of any image taken but will happily share with anyone seeking a copy.

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 Wedding Car 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.

Signed on behalf of DB Wedding Cars

Signed: __________________________________________        Date:

Print Name: ______________________________________

Signed on Behalf of the Hirer

Signed: __________________________________________        Date:

Print Name: ______________________________________

Signed: __________________________________________        Date:

Print Name: ______________________________________

A hard copy is available to be posted upon request with a return envelope included.