| EXECUTIVE DRIVE TERMS
AND CONDITIONS
1. INTERPRETATION
1.1 In these Conditions:
"ADDITIONAL SERVICES" means such other hospitality facilities
provided by the Company to the Client or its personnel when carrying
out the Services including without limitation non-alcoholic beverages,
newspapers and telecommunications facilities.
"BOOKING FORM" means the booking form in respect of the
Services issued by the Company to the Client on the Company's official
quotation form to which these Conditions are appended.
"CLIENT" means the Company or person named on the Booking
Form for whom the Company has agreed to provide the Services in
accordance with these Conditions. "COMPANY" means EXECUTIVE
DRIVE.
"COMPANY'S CHARGES" means the charges shown in the Price
List attached to the Booking Form relating to the Services together
with any additional charges related to any Additional Services provided
by the Company to the Client as varied by the Company from time
to time.
"CONTRACT" means the contract for the provision of the
Services.
"SERVICES" means the service to be provided by the Company
for the Client and referred to in the Booking Form.
"VEHICLES" means the motor vehicles operated by the Company
in carrying out the Services.
1.2 The headings in these Conditions are for convenience only
and shall not affect their interpretation.
2. SUPPLY OF THE SERVICES
2.1 The Company shall provide the Services to the Client subject
to these Conditions. Any changes or additions to the Services
or these Conditions must be agreed in writing by the Company and
the Client
2.2 Further details about the Services, and advice or recommendations
about their provision or utilisation, which are not given in the
Booking Form, may be made available on written request.
2.3 The Company may correct any typographical or other errors
or omissions in any brochure, promotional literature, quotation
or other document relating to the provision of the Services.
2.4 The Company may at any time without notifying the Client make
any changes to the Services which are necessary to comply with
any applicable safety or other statutory requirements, or which
do not materially affect the nature or quality of the Services.
2.5 Although the Company agrees to use its reasonable care and
skill in providing the Services it gives no guarantee that the
Services will be provided in a timely manner if the delay or failure
was due to any cause beyond the Company's control.
2.6 The Company reserves the right at its absolute discretion
without giving any reason, to decline to provide the Services,
notwithstanding that a Contract has been entered into with the
Client.
2.7 It is a condition of the Company providing the Services to
the Client that all passengers must wear the seat belts provided
in the Vehicles at all times. For the avoidance of doubt, the
Company shall not be responsible for any injury or damage attributable
to a passenger's failure to wear a seat belt and the Client shall
fully indemnify, and keep fully indemnified, the Company in respect
of any losses, demands, expenses, actions, claims or costs arising
as a result of a passenger failing to wear a seat belt.
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3. CHARGES
3.1 Subject to any special terms agreed, the Client shall pay
the Company's Charges and any additional sums which are agreed
between the Company and the Client and specified in the Booking
Form for the provision of the Services or which, in the Company's
sole discretion, are required as a result of the Client's instructions
or lack of instructions.
3.2 The Company shall be entitled to vary the Company's Charges
from time to time.
3.3 All charges quoted to the Client for the provision of the
Services are exclusive of any Value Added Tax, for which the Client
shall be additionally liable at the applicable rate from time
to time.
3.4 The Company shall be entitled to invoice the Client at the
end of each week in which the Services are provided, or at other
times agreed with the Client.
3.5 The Company's Charges and any additional sums payable shall
be paid by the Client (together with any applicable Value Added
Tax, and without any set-off or other deduction) within 7 days
of the date of the Company's invoice unless agreed otherwise.
All payments shall be made by the Client by cheque or bank transfer
to the account of the Company.
3.6 If payment is not made on the due date, the Company shall
be entitled, without limiting any other rights it may have, to
charge interest on the total outstanding amount (both before and
after any judgement) at the rate of 8% above the base rate, from
time to time, of Barclays Bank plc or an additional charge of
£20.00 whichever should be the greater, from the due date
until the outstanding amount is paid in full. The additional charge
is subject to our normal Terms and Conditions
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4. INSURANCE
4.1 The Company agrees to maintain adequate insurance in respect
of its Vehicles and in relation to the provision of the Services
with a reputable insurance company against all insurable liability
of such an amount as shall be determined by the Company. The Company
shall upon written request of the Client provide to the Client
copies of the Certificates of Insurance.
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5. WARRANTIES AND LIABILITIES
5.1 The Company warrants to the Client that the Services will
be provided using reasonable care and skill.
5.2 Except in respect of death or personal injury caused by the
Company's negligence, the Company shall not be liable to the Client
by reason of any representation (unless fraudulent), or any other
implied warranty, condition or other term, or any duty at common
law, or under the express terms of the Contract, for any loss
of profit or any indirect, special or consequential loss, damage,
costs, expenses or other claims (whether caused by the negligence
of the Company, its servants or agents or otherwise) including
without limitation loss of anticipated profits, goodwill, reputation,
business receipts or contracts or losses or expenses resulting
from third party claims which arise out of or in connection with
the provision of the Services or their use by the Client, and
the entire liability of the Company under or in connection with
the Contract whether for negligence, breach of contract, misrepresentation
or otherwise shall not in any circumstances exceed the amount
of the Company's Charges for the provision of the Services.
5.3 The Company shall not be liable to the Client or be deemed
to be in breach of the Contract by reason of any delay in performing,
or any failure to perform, any of the Company's obligations in
relation to the Services.
5.4 The Company shall not be liable to the Client under the provisions
of this clause unless a written claim is received by the Company
within 5 days from the date that the Company provided the Services
to the Client.
5.5 The Client shall be responsible for and shall fully indemnify
the Company in respect of any loss or damage caused to the Vehicle
or any additional costs or expenses incurred by the Company due
to any act, omission or default of the Client when using the Services.
5.6 For the avoidance of doubt, where the Client enters into a
Contract with the Company in respect of the Services and consents
to its employees, agents, sub-contractors, customers or suppliers
actually utilising the Services, the Client shall remain solely
liable to the Company in respect of any loss or damage suffered
by the Company caused by any act, omission or default notwithstanding
any other remedy the Company may have against any other third
party.
5.7 The client warrants and undertakes to the Company that it
shall procure each of the passengers in the Company's Vehicles
to comply with all applicable traffic and road safety laws and
regulations, including, without limitation, the duty of all passengers
to wear a seat belt at all times when inside one of the Company's
Vehicles in accordance with the Motor Vehicles (Wearing of Seat
Belts) Regulations 1993 or such similar legislation as enacted
from time to time.
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6. TERMINATION
6.1 Either party may (without limiting any other remedy) at any
time terminate the Contract by giving written notice to the other
if the other commits any breach of these Conditions and (if capable
of remedy) fails to remedy the breach within 30 days after being
required by written notice to do so, or if the other goes into
liquidation, or (in the case of an individual or firm) becomes
bankrupt, makes a voluntary arrangement with his creditors or
has a receiver or administrator appointed.
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7. GENERAL
7.1 These Conditions constitute the entire agreement between
the parties, supersede any previous agreement or understanding
and may not be varied except in writing between the parties. All
other terms and conditions, express or implied by statute or otherwise,
are excluded to the fullest extent permitted by law.
7.2 Any notice required or permitted to be given by either party
to the other under these Conditions shall be in writing addressed
to the other party at its registered office or principal place
of business or such other address as may at the relevant time
have been notified pursuant to this provision to the party giving
the notice.
7.3 No failure or delay by either party in exercising any of its
rights under the Contract shall be deemed to be a waiver of that
right, and no waiver by either party of any breach of the Contract
by the other shall be considered as a waiver of any subsequent
breach of the same or any other provision.
7.4 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 provisions in question shall not be affected.
7.5 English law shall apply to the Contract, and the parties agree
to submit to the non-exclusive jurisdiction of the English courts.
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