The Terms and Conditions governing the provision of car/taxi booking and/or account services provided by "Walmley Elite Taxis - (Walmley Elite) 87 Humberstone Road, Pype Hayes, Birmingham B24 0PS and you the “Customer”.
1.1. Any terms or conditions sought to be imposed by the Customer shall not be incorporated into the Contract and shall have no effect unless agreed to in writing by the Company.
1.2. We (the Company) may, as your agent, directly or through an intermediary ask where we deem to be necessary, another contractor ("Third Party Contractor") to carry out some or all of any work which you (the Customer) instruct us to carry out for you. We shall pay the reasonable charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will ensure that the Third Party Contractor fees which are recharged to you are in line with the fees we will have quoted to you, had we done the work ourselves. We will take all reasonable care in selecting and instructing a Third Party Contractor.
Driver receipts – cash journeys.
2.1. (Walmley Elite) is a booking agency and we act as agents for the drivers (the principles) in cash work. If you require a receipt for your journey which has been paid by cash, we must advise you that drivers are self employed and are not VAT registered. Therefore, any receipt given by the driver for cash payment will not include VAT or have VAT added.
3.1. In respect of account work, Walmley Elite acts as the principle with the drivers acting as agents on its behalf to carry out the work. Account work carried by drivers on behalf Walmley Elite Taxis (Walmley Elite)
3.2. The Customer agrees to pay the Company for all journeys provided by the Company on account. We shall invoice after the journey has taken place. Invoiced amounts shall be due and payable 30 days from date of invoice, (unless otherwise agreed).
3.3. You will be invoiced with account fare applicable at the time of each relevant journey or at the rate as may otherwise be agreed with the Company in writing plus all other agreed charges including waiting charges, parking and toll charges, soiling charges, unsocial hours charges and administration charges.
3.4. .5. If the cost to us of carrying out the work is subsequently increased by reason of increases in costs or any other factor outside our control, then we shall notify you before undertaking any work to which the increase will apply. If you require us to discontinue the work, you shall only be required to pay us for the work already carried out. 3.6. Unless agreed otherwise, the price for the service shell be payable no later than 30 days from the relevant invoice. The time stipulated for payment shell be of the essence of the agreement. Failure to pay within the period specified shell entitle us to write to you and upon the experation of seven days notice, to charge you for the cost of expenses incured in recoveri ng late payments, and to charge interest at the rate then to force pursuant to the late payment of Commercial Debts (Interest) Act 1998 as at due date.
(4). Rights and Powers of the Company - the Company reserves the right to:
4.1. Change the rules or instructions concerning the use of any part of the Service from time to time.
4.2. Temporarily suspend the Service to the Customer wholly or in part in the interest of the quality of Service or in the interest of other Customers.
4.3. Suspend or temporarily suspend the Service in the event of communication failure.
4.4. Decline the Service unless the Company is at its own discretion is satisfied that the proper account security procedures have been followed and shall not be liable in any way for refusing the service under these circumstances.
5.1. Whilst every effort shall be made to supply the vehicle type booked, there may be instances e.g. circumstances beyond our control, when the selected vehicle is not available. In such circumstances a vehicle of similar standard shall be supplied.
5.2. The customer is expected to provide at the time of booking full details of requirements e.g. wheelchair access, luggage requirements, number of persons to be carried in order to satisfy the booking. Failure to provide full details may lead to inability of the vehicle to carry out the journey resulting in delay and/or additional charges being applied in order to fulfil the booking request.
6.1. The Company shall use all reasonable endeavours to get you to your destination on time, but shall not be liable for any loss due to delays. The Company always strives to run a reliable service. However sometimes cars cannot arrive at the time a customer has booked, for reasons beyond our control. If your car is running late, please contact our office immediately on 0121 241 4371 and we will do our best to tell you why your car is late and advise you approximately the time the car is due to arrive. It is the Customers responsibility to allow sufficient time for the journey and the Customer should allow additional time for delays and unexpected occurrences where the journey is important and especially if onward connections may be missed. Control Room staff may advise on average journey times but the decision and responsibility as to booking time ultimately lies with the Customer.
6.2. The Company will endeavour to book details correctly. However we will not be held responsible for any misunderstandings during telephone bookings between the booking clerk and the customer resulting in late arrival of the vehicle, incorrect vehicle type or non arrival due to a cancelled booking. Under no circumstances shall the Company be liable (in contract, tort or otherwise) for any loss of profits, business or for any indirect or consequential loss whatever.
6.3. All luggage or personal possessions are carried entirely at your risk. Drivers are instructed to take lost possessions left in their taxis to the nearest Police Station. The Company does not store or receive lost possessions.
6.4. The Company is an agency for self-employed drivers and therefore will not be held responsible for drivers activities outside our control. The Company passes to drivers, personal information of customers to assist in gaining information of collection of customers and the location of the destination required. Walmley Elite will not be held responsible for the drivers’ actions when using this information. 6.5. The Company shall be entitled to cancel all services in the event of a declared national emergency, riot, war, fuel shortage, extreme weather or terrorist attack, or other circumstances beyond its control. If the car breaks down during your journey the Company will endeavour to arrange an alternative car to complete the journey as soon as practicable. 6.6. You shall indemnify the Company against all losses, costs, damages and expenses arising from any act or omission of any passenger in your party.
7.1. If you need to cancel your booking, please contact the Company as soon as possible. If you cancel a booking after the vehicle has been dispatched then a charge may be incurred; the charge will be based on the distance/time that the allocated driver has travelled/spent prior to the point of cancellation. As a general rule journeys from airports are dispatched up to one hours before flight arrival, journeys within the surrounding area of Sutton Coldfield are normally dispatched up to twenty minutes before their due time.
8.1. The Company must be made aware of children under the age of 16 travelling by themselves.
8.2. The booking will be declined if a child under the age of 12 is travelling alone. (Unless pre- arranged).
8.3. Additional charges may be applied where the company has had to make additional arrangements to ensure the safe transport of the child.
8.4. The Company does not provide child car seats or booster seats. Taxis are exempt from providing car seats. Passengers with children who require car seats may provide their own but the Company is unable to store those seats for you.
8.5. Young children and babies have to be counted as individual passengers.
9.1. If you are unhappy with any aspect of our service at the time of the journey, please contact the Controller on shift who will attempt to resolve the issue immediately.
9.2. If you are unhappy with our service and the Controller has been unable to resolve the issue to your satisfaction, our control room staff with take your details and raise a formal complaint for you. This complaint will be dealt with sympathetically by the Manager and we will work with you to reach a satisfactory conclusion.
9.3. In addition to making a complaint to the Company, you may complain to Birmingham Licencing, telephone 0121 303 8442 as the drivers and the Company are regulated and licensed by Birmingham LicensingFeedback Freepost Birmingham B1 1BR department.
10.1. In the event of any dispute concerning the calculation by the Company of its charges such dispute shall be notified to the Company by the Customer within 21 days of the Invoice (time being of the essence). In the event of no such notification being received by the Company the Customer shall accept the amount as being properly due and calculated and shall not be entitled to dispute the sum in any way whatsoever.
11.1. If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Governing Law and Jurisdiction
12.1. Parties to this Agreement agree to submit to the exclusive jurisdiction of the courts of England and Wales.
13.1. This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.
Third Party Rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
Changes to Terms and Conditions of Business
15.1. We reserve the right to make minor changes to the Terms and Conditions of business from time to time.
Data Protection 14.1.
16.1. You consent to the computer storage and processing of your personal data by us in connection with this Agreement and to the transmission of this data across the company and its business partners for the purposes of our legitimate interests including statistical analysis, marketing of our services and credit control.
If you breach this Agreement, your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.
Terms and Conditions of Website Use The Terms and Conditions governing the use of this website provided by 'The Company' Walmley Elite Taxis, 87 Humberstone Road, Pype Hayes, B24 0PS and you the 'Customer'.
Links to Third Party Sites Walmley elite - website may contain hyperlinks to third party websites controlled by parties other Walmley elite is not responsible for and does not endorse, any of the contents of such websites. Use Restrictions Reproduction, distribution, or republication of any information, materials, documents and services by any means, without the prior express written consent of Walmley elite, is strictly prohibited. Nothing in this Walmley elite website shall be construed as conferring any license of Walmley Elite intellectual property rights without express written consent from Walmley Elite All rights not expressly granted herein are reserved.
Warranties and Disclaimers
The information, documentation, products and services contained on the Walmley elite website are provided "as is," without any warranty of any kind.Walmley elite and its suppliers disclaim all warranties relating to the information, documentation, products and services contained on the Walmley Elite website, express or implied, including, but not limited to, any warranties against infringement of third party rights, merchantability and fitness for a particular purpose. The Walmley Elite website could include inaccuracies or out-dated information and is subject to change at any time without notice.
Your use of this website is at your own risk. You agree to hold Walmley Elite harmless from and not sue Walmley Elite for any claims based upon using this website. In no event shall Walmley elite be liable for any direct, indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to or use of, this website. Governing Law and Jurisdiction These conditions shall be governed by and construed in accordance with the laws of England. Walmley Elite controls the Walmley Elite website from within the country of England. It can, however, be accessed from other places around the world. Although these places may have different laws from those of England, by accessing the Walmley Elite website you agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of the site. You and Walmley elite also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters. Users of the Walmley Elite website accessing it from places outside of England acknowledge that they do so voluntarily and are responsible for complying with local laws. Secure your booking.