Terms and Conditions
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
client and the service provider;
"The client" means the person who accepts a quotation or offer
from the service provider or the person booking on behalf of any other
person who accepts a quotation or offer from the service provider for
the sale of services or whose order for the services is accepted by the
service provider , either by email, in writing, or by telephone.
"The service provider" means FlightCabs of Lower House, Gilwern.
NP7 0AP
"The Contract" means the contract for the provision of taxi
services under these conditions;
"The Service" means the service of transport as agreed at the
time of booking, which the service 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 convenience
only and shall not affect their interpretation.
2 Conditions
2.1 The client shall purchase the service in accordance
with any quotation or offer from the service provider which is accepted
by the client
2.2 The client accepts these terms and conditions by
placing a reservation, booking with the service provider either by the
web site www.monmouthtaxis.com, by telephone, or by any representative
agent.
2.3 The contract will be subject to these conditions.
The service provider reserves the right to revise these terms and conditions
at any time without prior notice at its sole discretion. Any revised terms
and conditions will be posted on the service providers web site and will
come into effect immediately.
2.4 No reservation submitted by the client shall be deemed
to be accepted by the service 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 service providers sales documentation unless varied expressly
in the clients reservation (if accepted by the service provider). The
service will only be supplied as stated in the service providers price
list. Reservations received other than these will be adjusted accordingly.
Photographs or descriptions whether on the website or other documents
issued by the provider are intended as a guide only and the contents shall
not be binding on the service 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 service providers specification,
which do not materially affect their performance.
2.7 Sub- contracting companies are not authorised to
make any representations or claims concerning the service unless confirmed
by the service provider in writing by email, telephone or otherwise. In
entering into the contract the client acknowledges that it does not rely
on, and waives any claim for beach of, any such representations, which
are not so confirmed.
2.8 No variation to these conditions shall be binding
unless agreed in writing by email, telephone or otherwise between the
authorised representations of the client and the service provider.
2.9 Sales literature, price lists and other documents
issued by the service provider in relation to the service are subject
to alteration without notice.
2.10 Any typographical, clerical or other accidental
errors or omissions in any sales literature, quotation, price list, acceptance
of offer, invoice or other document or information issued by the service
provider shall be subject to correction without any liability on the part
of the service provider.
2.11 The price of the Service shall be the price listed
in the service providers published price list current at the date of acceptance
of the passengers reservation or such other price as may be agreed in
writing by the service provider and the client.
2.12 Where the service provider has quoted a price for
the service other than in accordance with the service providers published
price list the price quoted shall be valid for 24 hours only or such other
time as the service provider may specify.
2.13 The service provider reserves the right, by giving
notice to the client at any time before delivery, to increase the price
of the service to reflect any increase in the cost to the service provider
which is due to any factor beyond the control of the service 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 client, or
any delay caused by any instructions of the client or failure of the client
to give the service provider adequate information or instructions.
2.14 The service provider reserves the right to use the
services of contractors or sub-contractors (herein known as third parties)
to provide services to clients. Where appropriate details i.e. names,
addresses of any such third parties will be provided by the service provider
upon any reasonable request and at the discretion of the service provider.
2.15 Reservations made for service on the following dates
will be subject to an additional surcharge on published prices: 24,25,26,
December & 1 January, other days may also be affected. These prices
will be posted on our web site at the time a quotation is requested, this
information is also available when booked by telephone or through one
of our agents.
2.16 A maximum time of 20 minutes for address collections
& 60 minutes for airport/seaport/ collections will be allocated, whereupon
non-contact with clients will classify the reservation to be a no show
& will be subject to clauses 3.2 & 4.33
3 Terms Of Carriage
3.1 The service provider prices are based on clients
being ready to travel at the booked time. clients must book their airport
transfer in accordance with check in times and guidelines provided by
their relevant airline.
3.2 Fares quoted are flat rates. Any diversions, additional
set downs or pickups by the client will incur a charge dependant on actual
distance. Fares quoted that are not booked will have a validity of 24
hours. Monmouth Taxis reserve the right to alter any prices without prior
notification however any quote/booking confirmed by Monmouth Taxis will
remain binding.
3.3 Neither Monmouth Taxis nor any of its contracted
or sub-contracted drivers will accept responsibility for loss or damage
to luggage. clients are responsible for ensuring that their luggage is
loaded/unloaded at all times, if accompanying the luggage on the journey.
Monmouth Taxis and/or its contracted or sub-contracted drivers have the
right to refuse any client or to make the journey due to the client having
excess luggage which would result in the vehicle being unsafe whilst in
motion.
3.4 Drivers of Monmouth Taxis and/or any of its contracted
or sub-contracted drivers have the right to refuse to carry passengers
who they consider to be intoxicated by either drink or drugs.
3.5 Vehicles are booked by clients as requested. (for
client and luggage limitations & vehicle types please call 01873 831766
where a member of staff will be able to assist.
4 Cancellations / Cancellation charges
4.1 No reservation which has been accepted by the service
provider may be cancelled by the client except with the agreement in writing,
by email, telephone or otherwise of the service provider and on terms
that the client shall indemnify the service provider in full against all
loss (including loss of profit), costs (including the cost of all labour
and materials used), damages, charges and expenses incurred by the service
provider as a result of cancellation.
4.2 Vehicles that are booked by the client that are not
suitable for the purpose for which they have been booked for as in clause
3.5 will be subject to clause 4.3.3. Vehicles that are cancelled by passengers
after reservation acceptance by the provider shall incur a £10.00
charge.
4.3 Cancellation's must be informed a minimum of 24
hour's prior to the time of booking by: Telephone 01873 831766
4.3.1 Cancellation's informed 24 hours + prior to the
time of booking £10.00 cancellation charge incurred.
4.3.2 Cancellation's informed 12 to 24 hour's prior to
the time of booking cancellation charge incurred: 25% of quoted price
for provision of service .
4.3.3 Cancellation's not informed up to 12 hour's prior
to the time of booking cancellation charge incurred: 100% of quoted price
for provision of service.
5 General Applications
5.1 The service provider shall not be liable to the client
or be deemed to be in breach of the Contract by reason of any delay in
delivery or in performing, or any failure to perform, any of the service
providers obligations in relation to the service, if the delay or failure
was due to any cause beyond the service providers reasonable control.
Without prejudice to the generality of the foregoing, the following shall
be regarded as causes beyond the service providers reasonable control
directly or indirectly:-
5.1.1 act of nature, explosion, flood, tempest, fire
or accident;
5.1.2 war or threat of war, sabotage, insurrection, civil
disturbance or requisition;
5.1.3 acts, restrictions, regulations, byelaws, prohibitions
or measures of any kind on the part of any governmental, parliamentary
or local authority;
5.1.4 traffic accidents, traffic hold ups, traffic congestion,
diversions;
5.1.5 strikes, lockouts or other industrial actions or
trade disputes (whether involving employees of the service provider or
of a third party);
5.1.6 flight delays, flight cancellations;
5.1.7 power failure or breakdown in machinery including
computer systems.
5.2 Subject as expressly provided in these Conditions,
all warranties, conditions or other terms implied by statute or common
law are excluded to the fullest extent permitted by law.
5.3 Except as expressly provided in these Conditions,
the service provider shall not be liable to the passenger by reason of
any representation, or any implied warranty, condition or other term,
or any duty at common law or under statute, or under the express terms
of the contract, for any direct or consequential loss or damage sustained
by the client (including, without limitation, loss of profit or indirect
or special loss), costs, expenses or other claims for consequential compensation
whatsoever (and whether caused by the negligence of the service provider,
its servants or agents or otherwise) which arise out of or in connection
with the supply of the services.
5.4 If clause 4.2 applies then without prejudice to any
other right or remedy available to the service provider, the service provider
shall be entitled to cancel the contract or suspend any further deliveries
under the contract without any liability to the client, and if the Services
have been delivered but not paid for the price shall become immediately
due and payable notwithstanding any previous agreement or arrangement
to the contrary.
5.5 The Passenger undertakes to the Provider that:-
5.5.1 the client will regard as confidential the contract
and all information obtained by the client relating to the business and/or
products of the service provider and will not use or disclose to any third
party such information without the service providers prior written consent
provided that this undertaking shall not apply to information which is
in the public domain other than by reason of the clients default;
5.5.2 the client 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.
6 Miscellaneous
6.1 No waiver by the service provider of any breach of
the Contract by the client shall be considered as a waiver of any subsequent
breach of the same or any other provision.
6.2 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 be affected thereby.
6.3 The Contract shall be governed by the laws of England
& Wales.