Terms of Service

LONDON CARRIAGES & COURIERS LTD TERMS OF SERVICE

Effective date: 28 March 2019
All users are obliged to observe these Terms of Services and our Privacy Policy, as these are important and affect your legal rights.
By registering via our App or Website, or otherwise using the services provided by London Carriages via our App, Website, or over the telephone, or accessing any content or material that is made available through London Carriages, you are entering into a binding contract with us. Your Agreement with us includes the indicated Terms of Service and our Privacy Policy. You acknowledge that you have read and understood the Agreement, accepted the terms of the Agreement and agree to be bound by them. If you do not agree with (or cannot comply with the Agreement) then you may not use the Service provided by the Company
We encourage you to periodically familiarise with the current effective version on our Website www.londoncarriages.co.uk and our App, as we may modify these provisions. Only those currently visible on our Website and App are up to date and valid at the time. Any modification shall not adversely affect the main provisions of the Agreement. Should any material change take place, we will notify you in advance and your continued use of the Service after the changes have been made constitute your acceptance to the changes.
Definitions
The “Agreement” means the Terms of Service set out in this document.
The “App” means the Company’s computer software application that enables the Customer/Passenger to access the Company’s services for the purpose of using the transportation services provided by the Driver. The Company may exercise their discretion from time to time to update or modify this software application
The “Company” means London Carriages & Couriers Ltd, 50 Hanbury Street, Shadwell, E1 5JL, a transportation services company.
The “Customer” means the person who agrees the contract for services and accepts the obligation to pay for the services.
The “Driver” means the independent transportation provider of the provision of services pursuant to this Agreement.
The “Passenger” means the person who experiences the transportation service.
The “Service” means the service of transportation to or from the required collection point which the Company is to arrange/supply in accordance with the terms of this Agreement

Conditions
1. The Company shall supply and the Customer shall agree to accept the Service in accordance with any quotation of the Company which is accepted by the Customer subject to the terms of this Agreement. When the Customer makes a booking with the Company, he is deemed to have accepted the terms of this Agreement.

2. A contract shall only become valid upon the acceptance of the Company of the booking. The Customer accepts these terms and conditions by placing a booking via the Company website, App, telephone or face to face.

3. The Company reserves the right to revise these terms at any time without prior notice at its sole discretion. Any revised terms will be posted on the Company’s website and will become effective immediately upon posting.

4. The Company reserves the right to make any changes in the specification of its services in order to comply with any applicable regulatory or safety requirements.

5. Sales literature, price lists and other documents issued by the Company in relation to the service are subject to alteration without notice and do not constitute offers to sell the services, but they constitute invitations to treat. No contract shall be binding on the Company unless the Company issued a confirmation to the Customer containing the agreed service provision and estimated charge for that service.

6. Bookings made for services on the 24th, 25th and 26th, 31st of December and 1st of January and at other times such as Bank Holidays, may be subject to an additional surcharge of no less than 50% additional to the Company’s usual prices.
Terms of Carriage
7. The Company’s quoted prices are based on Customers being ready to travel at the booked time. Customers should book a Passenger’s airport transfer in accordance with guidance provided by the relevant airline and ensure they allow additional time to account for possible traffic and unforeseen circumstances such as road works, delays due to motorway accidents and other potential impediments to a timely journey.

8. In making a booking via Company’s App or website, the Customer must provide accurate details and is responsible for failure to do so.

9. The Customer hereby warrants to the Company that he/she is at least 18 years of age and legally able to make the booking.
Cookies
10. The Company may send a small file to the Customer’s computer when visiting the web site. This “cookie” will enable the Company to track the Customer behavior on the website and to identify particular areas of interest to enhance his future visits on the website. The cookie will not enable the Company to identify any Customer and shall not use the information for any other purposes than in relation to the said Company website. The Customer has the choice of setting his computer to reject cookies but this might preclude use of certain parts of the website. The Company may disclose Customer personal data if compelled to do so by law or a request of a law enforcement agency, industry regulatory authority or governmental authority.
Bookings
11. A booking is deemed as accepted via the App, by London Carriages, once the Customer/Passenger has confirmed the booking to accept the estimated booking details and fare and the booking is simultaneously received by the dispatch system.

12. A confirmation that the booking has been accepted will be communicated to the Customer/Passenger via text message and via the App message being received on the Customer’s telephone with the details of the driver (driver’s first name, his private hire licence number, a photo of the driver when possible, details of the vehicle used for the booking, the vehicle registration number, colour and the make of the vehicle).

13. The Company does not guarantee it will be able to fulfill any Customer requirements and reserves the right to cancel bookings made if it considers itself unable to provide a requested service. In case of such a cancellation on a pre paid booking, the Customer will receive a full refund as soon as possible, which will reach your account within 14 working days from the date of cancellation.
Cancellations and Waiting Time
14. The Customer has the right to cancel a booking made through the App/telephone/website.

15. In order for the booking cancellation to be valid, the Customer must notify the Company by submitting a cancellation request via the Contact Us tab Cancellation Request Form on the App or via a phone call where booking has been made via telephone. Where a booking is made for immediate pickup, a cancellation fee will apply if a cancellation is made after 5 minutes of booking confirmation, subject to a £5 minimum cancellation fee.

16. In cases where the cancellation was made for a pre-booked pick-up time in advance, a cancellation fee will apply if the cancellation has not been made at least 30 minutes prior to the pre-booked pickup time. Cancellations not informed within the said 30 minutes will incur a liability of 25% of the pre-quoted charges for the service, subject to a £5 minimum fee.

17. In cases where a Driver does not arrive within 10 minutes of designated time, the Passenger can cancel the booking for free.

18. The Driver will notify the Customer to confirm his arrival at the pickup point. Where a driver has arrived at the pickup point on time and the Customer/Passenger has not arrived, then the Driver can cancel the booking once a further 8 minutes have passed beyond the scheduled pickup time. If such an event should occur, upon the Driver’s cancellation of the booking, the Customer will be liable to the minimum fee chargeable. The Driver may activate waiting time after 8 minutes have passed since the Driver arrival at the pickup point, and the Customer will be charged for every minute from that point at the designated rate per minute applicable to the individual vehicle categories up to a maximum of 8 minutes.

19. In cases where the driver does not show up at the Agreed pickup point at the Agreed Time, the Customer will be entitled to a refund of the entire pre-paid fare (in cases where the transportation service has been pre-booked and paid in advance). Any refunds due for cancellations or complaints will be made to the card used to make the payment up to 14 business days from the time of cancellation.
Liability
20. The Company’s total liability in respect of these Terms and conditions and any matter arising out of it (including claims made in contract or tort) shall be limited to £50.

21. Any estimated trip and arrival times presented by the Company are only to be taken as indicative. Actual trip or arrival times are subject to traffic or weather conditions and final best route taken by the driver. Customers/Passengers are responsible for setting an appropriate Pickup Time that allows sufficient time to reach the desired destination on time to check-in for a flight, catch a train or fulfill any other objectives.

22. The Company reserves the right within its reasonable discretion to terminate the Trip, if Customer/Passenger behavior or conduct is disruptive in any way or affects the safety of the Passengers, the driver or the vehicle. The Company does not accept any liability for any extra costs incurred by Customer or Passenger as a result of this. Furthermore, in cases where Customer or Passenger behavior or condition causes the vehicle to be dirtied, the Customer will be liable for a professional cleaning fee immediately upon demand, in order to allow the Driver to ensure his vehicle is in a fit state to continue the provision of the services.

23. The Company shall not in any event be liable directly or indirectly for consequential loss for any loss or damage, including bodily harm or psychological harm, arising directly or indirectly from a breakdown, an accident, adverse weather conditions or any circumstances beyond the Company’s control (including but without limitation in relations to: any strike, industrial action, fire, flood, acts of God, any consequence of riot or destruction of property by an act of terrorism and any other force majeure event).
Variations
24. The Company reserves the right, by giving notice at any time before Pick Up, to increase the price of service to reflect any increase in the cost to the Company which is due to any factor beyond Company’s control (such as but without limitation to: any foreign exchange fluctuation, currency regulation or alteration of duties, any changes to delivery dates, quantities or other specifications requested by the Customer/Passenger, or any delay caused by any instructions of the Customer/Passenger or failure of the Customer/Passenger to give the Company adequate information or instructions).

25. Any diversion to the journey must be specified while making the booking. Subsequent diversions must be made through the App or via telephone with the Company and any variation will only be valid upon receipt of message confirming variation and new price to include the cost of the variation.
Complaints and Lost Property
26. In cases where any Customer or Passenger might have any complaints against a Driver or the Service, the Customer/Passenger shall agree to contact the Company either by phone, email or App within 24 hours of your concern.

27. In the event that the Customer/Passenger makes a lost property claim, the Customer/Passenger shall agree to contact the Company either by phone, email or App within 24 hours of your concern. Should a Customer/Passenger wish for their item of lost property to be returned, the Customer/Passenger can collect the item in person from the lost property store located at our office; 50 Hanbury Street, Shadwell, E1 5JL. If the Customer/Driver cannot arrange this, the Company can arrange for a Driver to return the item to a specified address requested by the Customer/Passenger, however, this additional service will be subject to a cost set at the standard rate for the services provided pursuant to this Agreement.
Confidentiality
28. The Company will maintain the confidentiality of personal data collected as part of making the booking. The Company shall not disclose your personal information to any 3rd party, unless we are under a legal obligation to do so by regulatory bodies, including but not limited to TFL, law enforcement agencies, fraud preventions and police. Should the Company disclose the above, this is done on a strictly case-by-case basis to ensure we comply with UK Data Protection legislation.
Data Protection
29. It is the duty of the “Data Controller” to comply with the (UK) General Protection Regulation 2016/679. The “Data Controller” is London Carriages & Courier Ltd. The Company shall comply with the requirements set out under this regulatory provision, and all applicable UK Data Protection legislation, together with any relevant guidance and/or codes of practice issued by the Information Commissioner.

30. The Passenger consents that the Data Controller will process his personal information, for purposes connected and strictly necessary to the performance of the services and pursuant to these terms.
This is including but not limited to his:
(a) Name, email address, telephone number
(b) Pick-up address and destination address.
(c) Should you wish to use our App on your mobile device or other electronic devices, when you open the App we will receive your location. We may also collect the precise location of your device when the App is running in the foreground or background. This location information is necessary to carry out the Services entrusted to the Company’s App, such as matching Passengers with Drivers to determining pick-up and destination locations, and journey duration estimates, and suggesting destinations based on previous trip data.
(d) The Passenger acknowledges that the data may be used for furthering and improving Company services, including quality management performance and location-based services such as ride requests in proximity, analysis and reports.
(e) Credit/debit card details in order to process payments and fulfill any bookings that you make through your mobile or any other electronic device. We use a secured a third party service to process payments, and should you make payment through these means, we encrypt your payment information via secure socket layer protection (SSL) to protect it from unauthorised use.

31. Personal information can be in any format, including but not limited to, paper and computer-based records, audio recordings, CCTV, photographs, and expressions of opinion.
32. The Company shall comply, at all times, with all the minimum security requirements pursuant to UK Data Protection regulation to ensure the safe transmission, storing, updating and deletion of data in accordance to its retention period.

33. The Company shall retain each item of Data, as above, only for as long as necessary with reference to the reasonable cause for which it was obtained.

34. The Customer/Passenger has the right to make a Subject Access Request to the Company to retrieve any personal information we hold about him pursuant to the terms of this agreement. Any request must be made in writing to the Company, and we shall respond within the prescribed 30 calendar days from the date of validation. The Company shall verify the identity of the Customer/Passenger making the request on each occasion and take reasonable steps to ensure personal information about any 3rd party, not covered by the request, is only disclosed in accordance with UK Data Protection Legislation.
Notices
35. All notices shall be given to the Company in writing via the forms on the App or website.
Severability
36. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable, the remainder of the provisions of this Agreement shall not be affected hereby.

Applicable Law
37. This Agreement shall be governed by English law. Any disputes arising out of this Agreement shall be settled by the English courts.

End of Document