1. Definitions and Interpretations
1.1 In these conditions:-
“These conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the passenger and the Provider;
“The Passenger” means the person who accepts a quotation or offer of the Provider for the sale of Services or whose order for the Services is accepted by the Provider;
“The Provider” means Ely Business Travel a company under Spot Everything Ltd registered in England and Wales under number 10971490 whose registered office is at E-Space South, 26 St Thomas Place, Ely, Cambridgeshire, CB7 4EX, United Kingdom.
“The Contract” means the contract for the provision of airport transfer and general taxi services under these conditions. Taxi to the Airport Ltd acts as disclosed agent for the Driver (as principle) resulting in the Customer entering a direct Contract with the Driver;
“The Service” means the service of transport to or from the required collection or destination (including and installment of the service or any multiple services) which the Provider is to supply in accordance with these conditions;
1.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these conditions are for the convenience only and shall not affect their interpretations.
2.1 The Provider shall sell and the Passenger shall purchase the Service in accordance with any quotation or offer of the Provider which is accepted by the Passenger, or any reservation of the Passenger which is accepted by the Provider, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such reservation is made or purported to be made, by the Passenger.
2.2 A Contract will only come in to being upon the acceptance of the Provider of the reservation and the following conditions shall be deemed to be incorporated in the contract. The passenger accepts these terms & conditions by placing a reservation, booking with the Provider via but not limited to the Provider’s web sites (http://www.elybusinesstravel.co.uk) via the telephone, or via any representative agent.
2.3 The Contract will be subject to these conditions. The Provider reserves the right to revise these terms & conditions at any time without prior notice at its sole discretion. Any revised terms & conditions will be posted on the Provider’s web site and will come into effect 1 hour after posting.
2.4 No reservation submitted by the passenger shall be deemed accepted by the Provider unless and until confirmed in writing by email telephone or otherwise by an authorised representative of the provider.
2.5 The specification for the services shall be those set out in the Provider’s sales documentation unless expressly in the passengers’ reservation (if accepted by the Provider). The service will only be supplied as stated in the Provider’s price list. Reservations received other than these will be adjusted accordingly. Illustrations, photographs or descriptions whether in the web site, brochures price lists or other documents issued by the Provider are intended as a guide only and the contents shall not be binding on the Provider.
2.6 The Provider reserves the right to make any changes in the specification of the services which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the services are to be supplied to the Provider’s specification, which does not materially affect their performance.
2.7 No variation to these Conditions shall be binding unless agreed in writing by email, telephone or otherwise between the authorised representations of the passenger and the Provider.
2.8 Sales literature, price lists and other documents issued by the Provider in relation to the service are subject to alteration without notice and do not constitute offers to sell the service, which are capable of acceptance. A reservation placed by the passenger may not be withdrawn cancelled or altered prior to acceptance by the Provider. No contract for the service shall be binding on the Provider unless the Provider has issued a quotation which is expressed to be an offer of service; or has accepted a reservation placed by the passenger, by whichever is the earlier of:-
2.9 the Provider’s written acceptance
2.9.1 delivery of the service;
2.10 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance offer, invoice or other document or information issued by the Provider shall be subject to correction without any liability on the part of the Provider.
2.11 The price of the Service shall be the price listed in the Provider’s published price list current at the date of acceptance of the passenger’s reservation or such other price as may be agreed in writing by the Provider and the passenger.
2.12 Where the provider has quoted a price for the service other than in accordance with the Provider’s published price list the price quoted shall be valid for 24 hours only or such other time as the Provider may specify.
2.13 The Provider reserves the right, by giving notice to the Passenger at any time before delivery, to increase the price of the service to reflect any increase in the cost to the provider which is due to any factor beyond the control of the Provider (such as, without limitation, any foreign exchange fluctuation, currency regulation or alteration of duties, any change in delivery dates, quantities or specifications for the service which is requested by the passenger to give the Provider adequate information or instructions.
2.14 The Provider reserves the right to use the services of contractors or sub-contractors (herein known as third parties) to provide services to Passengers. Where appropriate details i.e. names, addresses of any such third parties will be provided by the Provider upon any reasonable request and at the discretion of the Provider.
2.15 Reservations made for service on the following dates may be subject to an additional surcharge of 50% on published prices: 24, 31 December & 1 January. We do not operate on Christmas Day or Boxing Day.
2.16 A maximum time of 30 minutes for address collections & 1.5 hours for airport collection will be allocated whereupon non-contact with passengers will classify the reservation to be a no show and will be subject to clauses 3.2 and 4.33
3. Terms of Carriage
3.1 The Provider (known as Ely Business Travel) prices are based on Passengers being ready to travel at the booked time. Passengers must book their airport transfer in accordance with check-in times and guidelines provided by the relevant airline.
3.2 The customer/passenger must allow sufficient time when booking the taxi to allow for any delays caused by traffic conditions. The provider shall not be responsible for any delay caused by your failure to allow enough time to reach your destination or if the passengers are not ready for collection at the booked time.
3.3 All meets at the airport are subject to your booking and we alter our times in accordance with the landing time of your flight. Where airports have a designated pick up area, you are responsible for the barrier fees. If you are not ready for collection at the designated time, you will be responsible for any and all extra payments set by the airport in question. Where an airport does not have a designated pick up point, we will park approximately 20 minutes after landing time and you are responsible for the parking fees. If you are more than one hour delayed through the airport, regardless of the reason, a surcharge of £20 per hour or part thereof after the first hour will apply.
3.4 Fares quoted are flat rates. Any diversions, additional set down or pickups by passengers will incur an added mileage charge at £1.50 per mile. Fares quoted that are not booked will have a validity of 24 hours. The provider reserves the right of altering any prices without prior notification however any quote/booking confirmed by the provider will remain binding.
3.5 Neither the provider nor any of its contracted or sub-contracted drivers will accept responsibility for loss or damage to luggage. Passengers are responsible for ensuring that their luggage is loaded/unloaded at all times, if accompanying the luggage on the journey. The Provider and/or its contracted or sub-contracted drivers have the right to refuse any passenger or to make the journey due to the passenger having excess luggage which would result in the vehicle being unsafe whilst in motion.
3.6 Vehicles are booked by the Passengers as requested. Saloon and Estate cars carry a maximum of 4 passengers and luggage. Vehicles to carry a larger no. of passengers and luggage are available, through third-party services and are to be booked as required, (for luggage limitations and vehicle types and relevance view vehicles).
4. Cancellations / Cancellation Charges
4.1 No reservation which has been accepted by the Provider may be cancelled by the Passenger except with the agreement in writing, by email, telephone or otherwise of the Provider and on terms that the Passenger shall indemnify the Provider in full against all loss (including loss of profit), costs (including the cost of labour and materials used), damages, charges and expenses incurred by the Provider as a result in the cancellation.
4.2 Vehicles that are booked by Passengers that are not suitable for the purpose for which they have been booked in clause 3.5 will be subject to clause.
4.3 Cancellations must be informed of a minimum of 24 hours’ prior to the booking time by: Telephone +44 (0) 7484 127412.
4.3.1 Cancellations informed 24 hours + prior to the time of booking £5.00 cancellation charge incurred.
4.3.2 Cancellations informed 3 to 24 hours prior to the time of booking cancellation charge incurred: 25% of the quoted price for provision of service.
4.3.3 Cancellations not informed up to 3 hours prior to the time of booking cancellation charge incurred: 100% of the quoted price for provision of service.
5. Other Charges
5.1 Your service provider does not charge fees for SMS services. However, we do not message or call international numbers. You will need to provide a service for us to contact you when collecting at the airport.
5.2 Taxi to the Airport will not charge you for receiving any text message. However, you may see usage charges from your service provider if you respond to any of our messages via SMS text (i.e. to our SMS text survey) depending on the type of data/rate plan you are currently on. For example:
- If you have an unlimited texting plan, you won’t be charged for texts.
- If your plan only allows a certain number of texts per month, you’ll be charged for texts that go over that number, whether or not they came from Ely Business Travel.
6. General Applications
6.1 The Provider shall not be liable to the Passenger or be deemed to be in breach of any agreement or contract by reason of any delay in delivery or in performing, or any failure to perform, any of the Provider’s obligations in relation to the service, if any delay or failure was due to any cause beyond the Provider’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Provider’s control directly or indirectly:-
6.1.1 act of God, explosion, flood, tempest, fire or accident;
6.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
6.1.3 acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
6.1.4 traffic accidents, traffic hold ups, traffic congestion;
6.1.5 strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Provider or a third party);
6.1.6 flight delays, flight cancellations;
6.1.7 power failure or breakdown in machinery including computer systems.
6.1.8 Subject as expressly provided in these Conditions, the Provider shall not be liable to the passenger by reason of any representation, or implied warranty, condition or other term, or any duty at common law under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Passenger (including, without limitation, loss of profit or indirect or special loss), costs, expenses or other claims for the consequential compensation whatsoever (and whether caused by the negligence of the Provider, its servants or agents or otherwise) which arise out of or in connection with the supply of the services.
6.2 If the clause 4.2 applies without prejudice to any other right or remedy available to the Provider, the Provider shall be entitled to cancel the Contract or suspend ant further deliveries under the contract without any liability to the Passenger, and if services have been delivered but no paid for the price shall become due immediately due and payable notwithstanding any previous agreement to the contrary.
6.3 The Passenger undertakes to the Provider that:-
6.3.1 the Passenger will regard as confidential the Contract and all information obtained by the Passenger relating to the business and/or products of the Provider and will not use or disclose to any third party such information without the Provider’s prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of the Passengers default;
6.3.2 the Passenger will use all reasonable endeavours to ensure compliance with this condition by its employees, servants and agents. This condition shall survive the termination of the contract.
7.1 No waiver by the Provider of any breach of the Contract by the passenger shall be considered as a waiver of subsequent breach of the same or any other provision.
7.2 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not affected thereby.
7.3 The Contract shall be governed by the laws in England and Wales.