SMAT CHAUFFEUR SERVICES
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0845 625 7628
Terms and Conditions
1 Definition and Interpretation
1.1 In these Terms the following words have the following meanings:
"Customer" means the person(s), firm or company for whom the company has agreed to provice the specified service in accordance with these terms;
"Company" means SMAT Chauffeur Services, providers of luxury chauffeur driven car hire service.
"Contract" means the contract for the provision of the specified services incorporating these Terms;
"Specified Services" means the Passenger car services;
"Passenger Car Service" means the service for the transport of passengers provided by the company;
"Company's Standard Charges" means the charges shown in the Company's website, brochure or other published literature relating to the specified service from time to time;
"Working Day" means a day other than a Saturday or a Sunday, on which banks are open for business in London.
1.2 The headings in these Term are for convenience only and shall not affect their interpretation.
2 Supply of the Specified Service
2.1 The Company shall provide the specified service to the customer subject to these Terms. Any changes or additions to the specified service or these Terms must be agreed in writing by the customer and a senior member of management of the company.
2.2 Further details about the specified service, advice and recommendations about its provision or utilisation, which are not given in the company's website, brochure or other promotional literature, 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, on the website, quotation or other document relating to the provision of the specified service without any liability to the customer.
2.4 The Company may at any time without notifying the customer make any changes to the specified service which are necessary to comply with any applicable safety or other specified statutory requirements, or which do not materially affect the nature or quality of the specified service.
3 Chauffeur Service Charges
3.1 Subject to any special terms agreed in writing by a senior member of management of the company, the customer shall pay the company's standard charges and additional sums which are agreed between the company and the customer for the provision of the specified service or which, in the company's sole discretion, are required as a result of the customer's instruction or lack of instruction or any other cause attributable to the customer.
3.2 The company may vary the company's standard charges from time to time by giving not less than one months written notice to the customer.
3.3 All Charges quoted to the customer for the provision of the specified service are exclusive of any VAT for which the customer shall be additionally liable at the applicable rate from time to time.
3.4 The Company may invoice the customer following the end of each week in which the specified service is provided, or at other times agreed with the customer.
3.5 The Company's standard charges and any additional sums payable shall be paid by the customer (together with any applicable VAT, and without set off or deduction) withim 15 days of the date of the company's invoice.
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 outstanding amount (both before and after judgement) at the rate of 5% above the base rate from time to time of Royal Bank of Scotland plc from the due date until the outstanding amount is paid in full.
4 Specific Provisions relating to Chauffeur service where goods are involved
4.1 It is hereby declared that any sub-contractor of the Company and the servants and agents of the company and any sub-contractors are third parties to this contract within the meaning of the Contracts (Rights of Third Parties) Act 1999 and shall be entitled to enforce the same accordingly.
4.2 In the rare occasion where goods are being handled by us for the customer, the customer expressly warrants that they are either the owners or the authorised agents of the owners of the Goods and further warrant that they are authorised to accept and are accepting these Terms not only for themselves but also as agents for and on behalf of other persons who are or may thereafter become interested in the Goods. Also,
4.3 The customer warrants that the Goods have been properly, appropriately and sufficiently packed, labelled and/or prepaid and that where the Goods are over £1,000 in value, the value of the Goods and the nature of the Goods have been communicated to the Company prior to the Company accepting the Goods.
4.4 The Company shall collect the Goods from the collecting address notified by the Customer to the Company within the collection time frame agreed between the customer and the Company and shall transport them by motor vehicle / aircraft and such other means as may be appropriate to the destination address specified by the customer and deliver them within the delivery time agreed between the customer and the company.
4.5 The Company shall ensure that the Goods are at all times from collection to delivery in the actual custody of a responsible person employed by the Company or an agent or sub-contractor of the Company or employed by such sub-contractor.
4.6 The Company shall comply with any specific delivery instructions notified by the Customer to the Company and subject thereto shall deliver the Goods at the delivery address to the person named as recipient or to some responsible person at that address.
4.7 The Company shall obtain a receipt for the Goods from the recipient except where proof of delivery is not required. As between the parties such receipt shall be conclusive evidence as far to the fact and time of delivery and (except for any observation to the contrary on the receipt) evidence that Goods were delivered in good condition.
4.8 Subject to any express instructions given by the Customer, the Company reserves to itself absolute discretion as to the means, route and procedure to be followed in the handling, storage and transportation of Goods. Further, if in the opinion of the Company it is at any stage necessary or desirable in the customer's interest to depart from those instructions, the Company shall be at liberty to do so.
4.9 The Company shall not be liable for any loss, damage or mis-delivery in delivery occasioned solely or principally by:-
4.9.1 act of God;
4.9.2 act of war, hostilities, riots or civil commotion or the threat or fear of such conditions prevailing;
4.9.3 criminal malicious or negligent acts or omissions of third parties;
4.9.4 industrial action;
4.9.5 the effect of ionising radiation or uncontrolled nuclear reaction;
4.9.6 inadequate packaging of the Goods by the Customer or non-disclosure by the customer of the value of the Goods or the nature of the Goods;
4.9.7 suspension or cancellation of transport services by reason of or of the threat or fear of inclement weather or any of the matters set out in clauses 4.9.1 to 4.9.6 inclusive.
4.10 Notwithstanding the provisions of clause 4.9 the Company shall only be responsible for loss or damage to Goods for any non-delivery or mis-delivery if it is proved that the loss, damage, non-delivery or mis-delivery occured whilst the Goods were in the actual custody of the Company and under its actual control and that such loss, damage, non-delivery or mis-delivery was due to the negligence or default of the Company.
4.11 Where the Company is liable for loss or mis-delivery of or damage to the Goods its liability shall be limited to the lesser of the market value (or cost of repair if less in the case of damaged Goods) and the sum of £1,000 per consignment unless otherwise agreed in writing between the Company and the Customer.
4.12 In any event the Company shall be discharged from all liability for the loss of the Goods or for the loss or non-delivery of the Goods or for damage or mis-delivery (however caused) unless the Company is advised thereof in writing within 5 working days and a quantified claim is made in writing within 7 working Days after the end of the transit of the Goods.
4.13 Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under as expressly set out in these Terms, for any loss of profit or any indirect, special or conseqential loss, damage, costs, expenses or other claims whether caused by the negligence of the Company, its servants or agents or otherwise which arise out of or in connection with the provision of the Courier Service (including any delay in providing the Courier sercice).
4.14 The Company will at the request and cost of the Customer insure the Goods while in the custody of the Company for their full market value. The Company will provide the Customer with a copy of the material provision of the policy and written confirmation that the insurer is on risk in relation to the Goods. Where the Goods are so insured the Company shall be under no liability to the Customer for any matter in respect of which a claim has been made or could be made under that policy.
4.15 The Customer shall not submit for carriage and the Company shall not be obliged to carry any Goods of the descriptions set below. The Company may on discovering any such Goods abandon the carriage of them. In that event the Company shall forthwith notify the Company of the circumstances and of the location of the Goods but shall be under no liability in respect of the safekeeping of the Goods or otherwise. Should the Customer nevertheless cause the Company to handle or deal with any such Goods he shall be liable for all loss or damage whatsoever caused by or to or in connection with the goods however arising and shall indemnify the Company against all penalties, claims, damages, costs and expenses, whatsoever arising in connection therewith.
4.15.1 Explosive and inflammable items, firearms including parts of firearms, ammunition and detonators;
4.15.2 Any written, printed or pictoral matter which is or might reasonably be held to be obscene, blasphemous, scandalous, defamatory proscribed or prohibited in any country from, to or through which carriage is to take place.
4.15.3 Any article the possession of which is unlawful by the law of any country from, to or through which carriage is to take place.
4.16 Except under special arrangements previously made in writing, the Company will not accept or deal with bullion, coins, precious stones, jewellery, valuables, antiques, pictures (excluding commercial artwork), livestock, plants, computers, information technology equipment, mobile phones, glass products and other products of a fragile nature. Should any Customer nevertheless deliver any such goods to the Company or cause the Company to handle or deal with any such goods otherwise than under special arrangements previously made in writing, the Company shall be under no liability whatsoever for or in connection with the goods howsoever arising.
5 Specific Provision Relating to Passenger Chauffeur Car Services
5.1 The Company shall collect and shall transport passengers to and from the destinations advised to the Company by the Customer.
5.2 The Company reserve the right to levy a cancellation fee in respect of a booking made in accordance with clause 5.1 which is cancelled by a Customer.
5.3 The Customer shall be liable for all loss or damage caused to a vehicle which is being used by the Company to transport that Customer pursuant to the Passenger Chauffeur Car Service where such loss or damage has been caused by the acts or omissions of the passenger that the Company is carrying at the request of the Customer, including without limiting the generality of the foregoing, liability for spillages.
5.4 Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or as expressly set out in these Terms, 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) which arise out of or in connection with the provision of the Passenger Chauffeur Car Service (including any delay in providing the Passenger Chauffeur Car Service). If at the point of booking such is guaranteed, the Company shall be responsible only for ensuring that the charge for such booking as was originally booked is wavered. Any deviation to such will be charged proportionally.
6 General
6.1 These Terms 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, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
6.2 A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the 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 the provision to the party giving the notice.
6.3 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.
6.4 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provision of these Terms and the remainder of the provision in question shall not be affected.
6.5 English law shall apply to the contract, and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.
Email : termsandconditions@smatchauffeurs.com
