1. GENERAL
1.1. When you book a private hire car with us via our website or by phoning us, you agree to the terms below as the exclusive basis which governs such booking by ticking the “I agree to Terms and Conditions”. If you are booking on behalf of someone else, by clicking “I agree to Terms & Conditions”, you are representing that you have their authority to accept these terms and conditions on their behalf.
1.2. Deviations from these Terms are only valid if and to the extent that these are confirmed explicitly and in writing by Business Drive Cotswolds Limited.
1.3. Should any provision of these Terms be pronounced invalid or in violation of public order or law by the competent judge, then only the provision in question will be void, but the rest of these Terms will remain fully in effect. Instead of the invalid provision, a provision will apply that best approaches the intention of the parties.
1.4. Business Drive Cotswolds Limited, licensed by Tewkesbury Borough Council as a private hire operator, Number PHO103, to accept private hire bookings and dispatch vehicles according to licensing act.
2. USE OF WEBSITE
2.1. In making a Booking via our Website you must provide accurate details and are responsible for any failure to do so.
2.2. You hereby warrant to Business Drive Cotswolds Limited that you are at least eighteen years of age and legally able to make the Booking.
2.3. Business Drive Cotswolds Limited does not guarantee that it will be able to fulfill your requirements and reserves the right to refuse any bookings which you wish to make and to cancel any bookings you have made, and in such case to refund to you, in full and final settlement of any claims you might have, the fee paid by you.
2.4. Your details and data relating to your use of the Website will be recorded by Business Drive Cotswolds Limited but your personal data shall not, subject to the provisions of the Business Drive Cotswolds Limited Privacy Policy presented below and Clause 3.5 below, be disclosed to third parties other than the supplier or used for any purpose unrelated to the provision of the services pursuant hereto.
2.5. Business Drive Cotswolds Limited may send a small file to your computer when you visit the Website. This "cookie" will enable Business Drive Cotswolds Limited to track your behavior on the Website and to identify particular areas of interest so as to enhance your future visits to the Website. The cookie will not enable Business Drive Cotswolds Limited to identify you and Business Drive Cotswolds Limited shall not use it otherwise than in relation to this Website. You can set your computer browser to reject cookies but this may preclude use of certain parts of this Website. Business Drive Cotswolds Limited may disclose your personal data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.
3. BOOKINGS
3.1. When you enter the details of the trip, Business Drive Cotswolds Limited will endeavor to provide you via the Website with quotes and vehicles that are able to fulfill your requirement.
3.2. It is your responsibility to ensure that your details and trip are correct and accurate by providing a valid postcode. If the trip details are inaccurate and an invalid or no postcode is provided, you may incur additional charges and may not be due a refund. See 4.1. When you make a booking, this constitutes an offer which Business Drive Cotswolds Limited may or may not accept. Your booking is not confirmed until you see the confirmation screen on the Website.
3.3. In the event you need to amend or correct a booking, you must contact Business Drive Cotswolds Limited directly via email. If there is a price increase caused by any change you request to the services that you have booked, you will be required to pay the difference in the price between the services originally booked by you and the price of the new services you have requested. If there is a price decrease caused by any change you request to the services that you have booked, you will be refunded the difference in the price between the services originally booked by you. This charge will be applied to your original payment method.
3.4. The driver will take the route to a destination by considering the following facts: the traffic, time, road closures, diversions.
3.5. Business Drive Cotswolds Limited accepts no liability for the following: severe traffic delays, road closures, extreme and poor weather conditions.
3.6. Our prices will be 50% higher on the following dates: 24th, 25th, 26th, 31st December and 1st January, and Cheltenham Race Festival. This is due to limited drivers available for work during seasonal periods.
3.7. Business Drive Cotswolds Limited reserves the right to correct typographical errors in any elements of the information that appears on the Website including pricing mistakes. If, once you are informed of such error, you wish to withdraw your offer and do not wish to proceed with the purchase, you shall be free to do so and any monies already paid by you will be refunded in full.
3.8. Please note that we do not provide child seats for health and safety. We recommend customers provide their own and we’ll store it safely until their return trip with us for an additional fee of £10 payable to the driver by cash or by card over the phone.
3.9. Business Drive Cotswolds Limited offers a 24-hour online booking service, so you have the flexibility to book your airport transfer at your convenient time and location.
3.10. Business Drive Cotswolds Limited is not accepting late bookings online (within 8 hours of transfer time).
3.11. Toll and congestion charges are not included in the instant online quotes. The driver will ask you for the money or we can take this from your card if you prefer.
4. CANCELLATION OF BOOKINGS, FLIGHT DELAY AND REFUNDS
4.1. Cancellations must be made by you using our website contact us page or email. You will be entitled to a refund, depending on when you cancel your booking, as follows:
(i) If you cancel your booking more than 24 hours prior to the agreed pickup time, you will be entitled to a full refunds.
(ii) If you cancel your booking within 24 hours of the agreed pickup time, you will not be entitled to any refund for any reasons. (This includes flight cancellations)
4.2. There is no charge for flight delays caused by the airline.
4.3. Customers who paid a deposit for a cash booking will receive a refund minus the 2.5% cancellation fees.
4.4. In the event that the driver does not turn up at the agreed pick-up point within 15 minutes of the agreed time – or within 30 minutes if the agreed pick-up point is an airport – and you do not use the driver for the trip, you will be entitled to a full refund of the fare, along with any card costs, as full and final settlement of any claim you might have in respect of such failure. However, should you, at your own discretion, decide to continue with the trip where the driver turns up after 15 minutes from the agreed time, then you will not be entitled to any such refund.
4.5. In the event that you do not wish to use the services for any reason and do not cancel the booking using the website contact us page or by emailing us, no refunds will be provided.
4.6. In the event that you wish to cancel a return leg of your journey, you will be entitled to a full refund.
4.7. For pre-paid bookings, any refunds due to you for cancellations will be made to the card used to make the payment within up to 7 business days (business days being Monday to Friday).
4.8. In the event of a booking cancellation or no-show by a driver, you must contact Business Drive Cotswolds Limited within 7 days to issue your refund.
4.9. In the event that you provide inaccurate details with an invalid or missing postcode, you will not be entitled to any refund and may incur additional charges from the driver in order to complete the trip.
4.10. If you miss a flight, this information must be informed to us immediately by email or telephone so that we will notify the driver not to enter the airport for the pick-up. If the journey was pre-paid, you will not be entitled to any refund. If you decide to take a later flight and want us to supply a vehicle, then you must make a new booking with us at full cost.
4.11. We provide 1 hour FREE waiting time from flight landing. After 1 hour, £15 for the first 20 minutes, then £1 every minute of waiting.
5. PAYMENT
5.1. When booking with the ‘Pay by Card’ option, you agree to pay the fare at the time you make your booking. Business Drive Cotswolds Limited is entitled to collect all monies due for the booked trip from you.
5.2. In the event that your card payment is refused by your card issuer for whatever reason, Business Drive Cotswolds Limited will not be able to fulfill your booking.
5.3. When booking with the ‘Pay by Cash’ option, and deposit payment made, you agree to pay the remaining fare to our driver.
5.4. Once you have confirmed your booking on the payment screen, it cannot be cancelled or changed except in accordance with Clause 4 of these Terms.
5.5. If paying by card, in the event that your card payment is refused by your card issuer for whatever reason, Business Drive Cotswolds Limited will not be able to fulfill your booking.
5.6. Business Drive Cotswolds Limited will provide you with a receipt for payment by email to the email address you registered with the booking.
5.7. Payment will not cover any extra requirements you request, such as child seats. If you do not indicate any additional luggage when booking, resulting in a larger size vehicle being required, then we may charge you extra, which you must pay the driver directly or make card payments with us. If you wish to give a tip to the minicab driver, you should do so directly at your own discretion.
5.8. In the event that you make any deviations from the route that you entered into the Website, you may be subject to additional charges by the driver in respect thereof and will make such payment directly to the driver.
5.9. Business Drive Cotswolds Limited offers no warranties on payments made directly to the driver with cash.
6. INSURANCE
6.1. Neither Business Drive Cotswolds Limited nor the driver is responsible to you for, or insured in respect of, any damage or loss that may be sustained by the goods in the course of a trip and it is your exclusive responsibility to have such goods insured in respect of such damage or loss.
6.2. Bookings made directly with the driver are illegal. In the event of an accident, you will not be insured. You should always pre-book your journey with us via our website or telephone.
7. WARRANTY AND LIMITATION OF LIABILITY
7.1. You acknowledge and accept that Business Drive Cotswolds Limited is acting as the private hire operator/agent of the driver and that whilst Business Drive Cotswolds Limited will try to assist with any complaints you may have in respect of the driver services, any legal remedy you seek will be sought against the driver, not Business Drive Cotswolds Limited.
7.2. The driver has warranted to Business Drive Cotswolds Limited that it is licensed by the appropriate Licensing Authority(ies) but Business Drive Cotswolds Limited shall not be responsible for verification of such warranty and if you are in any doubt, you should contact the Local Licensing Authority and rely on your own verification.
7.3. Business Drive Cotswolds Limited's aggregate liability in respect of these Terms and any matter arising out of it (including claims whether made in contract or tort) shall be limited to £500.
7.4. Subject as expressly provided in these Terms, all warranties, conditions, or other terms implied by statute or common law are excluded as far as legally possible.
7.5. Nothing in this clause shall operate so as to exclude any rights you may have under consumer legislation or limit the driver’s liability for death or personal injury arising out of its negligence.
7.6. Any estimated trip times and times of arrival presented by Business Drive Cotswolds Limited on its public website or otherwise are only to be taken as indicative and are not subject to traffic and/or weather conditions and final route taken by the driver. Therefore, you agree that you are responsible for setting an appropriate agreed time that allows you sufficient time to reach your destination to subsequently check in for a flight, take a train, or fulfill any other dependencies you might have.
7.7. Business Drive Cotswolds Limited may keep you informed of the status of your booking by sending you email and SMS text alerts, although Business Drive Cotswolds Limited does not guarantee the delivery nor the timing of these email and SMS text alerts and shall not in any event be liable (whether in contract or otherwise) for any indirect loss or consequential loss or loss of revenue, howsoever arising from the omission or delay of such email and SMS text alerts.
7.8. Each foregoing sub-clause of this clause shall constitute a separate and severable provision. The provisions of this clause shall continue in effect notwithstanding the termination, completion, or any other matter which might otherwise cause these Terms to become ineffective.
8. BEHAVIOUR
8.1. Business Drive Cotswolds Limited reserves the right within its reasonable discretion to terminate the trip if you or your party's conduct or behavior is disruptive in any way and/or affects your safety or that of the driver of the vehicle. Neither Business Drive Cotswolds Limited nor the driver accepts liability for any extra costs incurred by you or your party as a result of the driver doing so.
8.2. Passengers are not permitted to take alcoholic drinks onto the vehicles for the purpose of consuming them during the trip.
8.3. The driver further reserves the right to refuse carriage to any person who is thought to be under the influence of alcohol or drugs.
9. LIMITATIONS AND EXCLUSIONS
9.1. The driver shall not undertake the carriage or delivery of:
• Money or securities, antiques, precious metals, furs, or jewelry of value, any goods or property (of whatsoever nature) of an intrinsic value of more than £50.
• Any goods or property of a hazardous, dangerous, inflammable, explosive, or noxious nature, or are illegal to possess under existing English Law, and/or
• Any goods or property (of whatsoever nature) which may deteriorate in transit.
9.2. The driver shall have no liability whatsoever for loss or damage, however arising in relation to the clause 9.1 of this agreement.
9.3. Without prejudice to the provisions of clause 9.1, the driver shall not in any event be liable directly or indirectly for:
• Consequential loss (whether for loss of profit or otherwise); and/or
• Loss, damage, and/or breakage to any fragile items whatsoever whether arising from the acts, omissions, or negligence of the driver.
9.4. Without prejudice to the generality of clauses 9.1 and 9.2, in particular, the driver shall not be liable for any loss and/or damage arising directly or indirectly from:
• Breakdown, accident, adverse weather conditions
• Any act or omission on the part of the customer.
• Any cause, act, or circumstance beyond the control of the driver (including, without limitation, any strike, (official or not) lock-out or other form of industrial action or labor dispute, governmental regulations, legal restrictions, embargoes, fire, flood, Act of God, any consequence of riot, war, invasion, act of foreign enemy, hostilities (whether war be declared or not) civil war, acts of terrorism, rebellion, military or usurped power, confiscation, requisition or destruction of or damage to property by or upon the order of or in the name of any Government or public local authority, or other conditions amounting to force majeure).
9.5. The provisions of clauses 9.1, 9.2, 9.3, 9.4, and 9.1 apply to liability for loss or damage to goods or property and do not apply to liability for death or personal injury.
10. PRIVACY POLICY
10.1. Business Drive Cotswolds Limited will maintain the confidentiality of personal data collected as part of making a booking. This data will not be shared with third parties without your consent. Business Drive Cotswolds Limited may amend this Privacy Policy and will make such changes public via the Website.
11. MISCELLANEOUS
11.1. Failure by either party at any time to enforce any right, claim, or provision of these Terms or arising hereunder shall not be construed as a waiver of such right, claim, or provision.
11.2. All notices to Business Drive Cotswolds Limited shall be given by you in writing to info@businessdrivecotswolds.co.uk.
11.3. All notices to you shall be given in writing to the email address you have provided as part of the details. All notices may be served by email and shall be deemed to have been given 1 hour after transmission thereof.
11.4. European law applies to all transactions for which these Terms apply, with the exclusion of the provisions of international treaties, to the extent these do not contain imperative law.