Terms and Conditions Of Hire
The hirer accepts that they agree with terms and conditions, and are making a booking subject to those terms and conditions
Definitions
“Agreement” means these terms, the terms stated together with specific hire details stated. “Cancellation” means and cancellation by you, of our services, after we have accepted your booking. “Hire Period” means the period of time set out in a booking, or as amended by agreement, “Passenger” means and person who uses the services, or who enters the vehicle with the consent of another passenger, or of the person, or company booking our services “Price” means the price for the services set out in the booking. “Services” means the services of a Chauffeur driven vehicle. “Unacceptable Behaviour” means any behaviour considered to be unacceptable by the chauffeur including refusing to wear a seatbelt, leaning out of the window of the vehicle, standing out of the sunroof, attempting to exceed the maximum permitted number of passengers, smoking in the vehicle, being under the influence of excessive alcohol or under the influence of or in possession of any illegal substance, being violent aggressive or abusive, being a danger to himself or any other person, being excessively rowdy, provoking persons in the party to commit violent acts, or being in any way unfit to travel.
“Vehicle” means the vehicle stated at the time of booking, or a replacement vehicle, if for any reason the vehicle booked cannot be provided. “We/Us/Our” means Home James of Home James Motor Premises, Moor Lane, Birmingham, B6 7HH. “You/Your” means the individual or company making the booking.
In this agreement: Words denoting any gender include all genders and words denoting the singular include the plural and vice versa.
If there is any conflict between the booking and these terms, the provisions of the booking shall prevail.
Bookings and cancellations
We will make every effort to accommodate changes to booking details, however the rate stated overleaf, includes only the pickups, drop offs and waiting periods shown. Any additional mileage performed or waiting delays incurred will be at the discretion of the chauffeur and will be subject to additional charge as specified by the chauffeur or the Home James office. Agreement to increasing the duration of hire may not be possible if punctual arrival to subsequent bookings is likely to be compromised.
Cancellation charges may apply if cancellation is at late notice. If notice of cancellation is received, after the chauffeur has begun their journey to the pickup address, the full cost of the journey will be payable.
Performance of Services
We aim to perform our services to a high standard. Please contact us if you have any complaints or suggestions.
Our Chauffeurs will use their judgement to drive at reasonable speeds in relation to the prevailing road type and conditions and you should not ask them to exceed speed limits. Unless we have agreed with you that a particular route should be used, our chauffeur may use any route to a destination that in their opinion is the best and most convenient route, whether or not it is actually the shortest route.
No person other than the Home James Chauffeur may drive the vehicle.
The chauffeur will endeavour to adhere to the pre-arranged itinerary/pick up/drop off times, and to the reasonable requests of the passengers, (the reasonableness of which shall be judged by the chauffeur) However, we cannot be held responsible for loss or inconvenience from delays and prolonged journey durations, due to circumstances beyond their control. i.e. traffic, adverse weather conditions etc.
The agreed hire price will be payable provided the services commence within 1 hour of the agreed pick up time. If we fail to commence the services within 1 hour of the scheduled pick up time, you have the right to terminate the agreement for that booking and you will receive a full refund of any deposit and advance payment that has been made.
Vehicles
Wherever reasonably possible the vehicle type agreed at the time of booking shall be used. However we reserve the right to supply an alternative vehicle. In the unlikely event of vehicle breakdown, we will make every possible attempt to supply a replacement vehicle as quickly as possible. If a replacement cannot be supplied, a full refund of any hire fees will be paid.
Luggage
All property and luggage remains at all times the responsibility of the passengers. We accept no responsibility or liability for any loss or damage, no matter how caused, either whilst in transit or when left in the vehicle.
It is your responsibility when reserving a vehicle, to check that it has sufficient space and weight allowance to accommodate the luggage to be carried.
We reserve the right to refuse the carriage of luggage if in the chauffeur’s judgment the volume of weight is excessive.
Passenger Behaviour
The client named overleaf is held responsible for the behaviour of all passengers, and for informing them of the provisions of this agreement. They are responsible for ensuring that the party’s conduct does not threaten their own, the drivers or any other person’s safety. Seatbelts should be worn, and passengers should not lean out of the windows or stand out of the sunroof. You will indemnify us for any losses, costs or expenses caused by any passenger on demand, whether or not we have first made a claim against that passenger. All vehicles are strictly ‘no smoking’
In the event that any passenger (in the opinion of the chauffeur) is carrying out any unacceptable behaviour, then we or our chauffeur may refuse entry to that passenger to the vehicle or may terminate the agreement for that booking or may cease the performance of that service, even if they are not completed. In these circumstances and without prejudice to our rights, you must still pay to us the full price for the booking, and we will have no responsibility or liability for any losses or costs to you. You accept responsibility and will indemnify us for any internal or external damage to, or loss of the vehicle or any of our property caused or incited to be caused by you or any passenger no matter how the damage is caused.
You will pay for all cleaning and valet costs if any passenger causes any spillage, is sick in the vehicle, or in any other way causes the cleanliness of the vehicle to be of a lower standard than at the pickup time.
Should the hire vehicle be unfit for subsequent hire, due to soiling or damage, a sum equal to loss of hire fees will be payable, as will the replacement cost of items removed or damaged from the vehicle.
In the unlikely event that any of the above events occur, you hereby authorise payment to be debited from the credit/debit card used initially to secure the booking, or agree to immediate payment by other means, after being presented with written/photographic evidence of damage/loss of subsequent hire fees.
The maximum seating capacity of the vehicle is determined by us, and should not be exceeded. It is your responsibility to ensure that any children or passengers under the height of 4’6” are secured within a booster seat or protective child seat as appropriate.
Price of the Service
The price for the services is as set out in the booking, subject to amendment in accordance with this agreement.
If a fixed price for services has been agreed, this may be increased by an amount in accordance with out standard hourly rate at the relevant time for any delay or increase in the agreed hire period in the following circumstances:
Any delay caused by you or any passenger for any reason.
Any delay caused by severe traffic, congestion, accidents, weather conditions or any other cause outside our reasonable control.
Airport collection delays, where flight delay information has only been reported after the chauffeur has set out on his journey to the airport.
Any amount due from delays, will be added to, and form part of the price.
Unless otherwise agreed the price stated is exclusive of the following which will be payable in addition where applicable:
V.A.T (which shall be payable by you subject to receipt of a V.A.T invoice) Road Tolls, London Congestion Charge, or additional expenses such as parking Any wasted journeys carried out because of error on your part i.e. incorrect incoming flight date given, shall be paid for, in full, by you.
Terms of Payment
Unless a credit account has been agreed and set up for you, or alternative payment terms have been agreed with you at the time of booking, a deposit is required on reservation, and full payment is required prior to the journey taking place. Payment by Master or Visa Credit card.
If you do have a credit account with us, please ensure that payment is made within 3 weeks of the invoice date.
We reserve the right to charge you interest from the date any payment is due until we receive it at a rate of 3% above the base lending rate of Lloyds TSB Bank PLC.
Warranties and Liability
We warrant that our services will be performed using reasonable care and skill.
Our total liability to you shall not exceed the lesser of the price or money actually received from you for the services in respect of which a claim has been made and we shall have no liability to you for loss of profits, goodwill, reputation, business contracts, revenue, production, anticipated savings, nor from losses arising from third party claims which arise in connection with the services nor any other losses or expenses and we shall have no liability to you for any indirect, special or consequential loss, damage costs or expenses including labour, or the hiring of a replacement vehicle.
Miscellaneous
We may subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or part. You may not assign or transfer any of your rights or obligations without our written consent.
Complaints
Complaints regarding our Chauffeurs, staff or vehicles, should be made in writing to Rod or Julie Parsons and addressed to:
Home James Motor Premises,
Moor Lane,
Witton,
Birmingham,
B6 7HH
