2. ACCOUNT SERVICES
2.1 Bookings and Charges
2.1.1 Prior to making any Booking for Account Services, the Customer must first open an Account with London Wheels Minicabs. The Customer must keep its dedicated and secret Customer Account Number confidential.
2.1.2 When making any Booking for Account Services, the Customer must quote its Customer Account Number. If the Customer fails to do so, we shall not be obliged to perform the Account Services.
2.1.3 We shall be entitled to treat any Booking made quoting the confidential Customer Account Number as duly authorised by the Customer and the Customer shall be liable in respect of all Charges relating thereto.
2.1.4 In consideration of performance of the Account Services, the Customer shall pay the Charges, the priority fee and any applicable VAT (without set off or deduction), as invoiced by London Wheels Minicabs, within 30 days (or such shorter period as we in our absolute discretion notify to you) of the date of an invoice (the “Due Date”).
2.1.5 Payment shall be made by direct debit (which is London Wheels Minicabs’s preference) or alternatively by cheque, telegraphic transfer or BACS to such bank account as we shall notify the Customer.
2.1.6 We shall be entitled to charge a priority fee of up to 17.5% of the Charges unless otherwise agreed with the Customer.
2.1.7 We shall invoice the Customer each month in respect of the Account Services carried out for the Customer during the previous month or at such other intervals as may be agreed by the parties in writing. Each invoice will be accompanied by a statement detailing the Services invoiced.
2.1.8 In the event of non-payment of any Charges by the Due Date, we shall be entitled to charge and the Customer shall pay interest at a rate of 8% per annum on any amount outstanding until payment is made, both before and after any judgement.
2.1.9 We may, at any time, set a limit on the total credit given to any Customer at any one time and we shall not be obliged to provide Account Services once that limit has been reached. Any such limit shall be notified to the Customer in writing by us.
2.1.10 Any dispute in respect of the Charges shall be submitted, in writing, within 14 days of receipt by the Customer of the relevant invoice.
2.1.11 When an Account is terminated, by any means whatsoever, the Customer shall pay to us all outstanding Charges which are owed to us as at the date of termination.
2.2 Passenger Services Clauses 2.3 and 2.4 of these Terms shall apply to all Passenger Services made in accordance with this clause 4 by an Account Customer.
2.3 Courier Services Clause 3 of these Terms shall apply to all Courier Services made in accordance with this clause 4 by an Account Customer.
Please note that clause 6 applies to all Passenger Services and all Courier Services, including Account Services.
3.1 These Terms shall be incorporated in and form part of all Contracts for the provision of the Services. Bookings can be made through our website, by telephone or by using our mobile App; these media by which you are able to make a Booking are an invitation to treat. Your Booking constitutes an offer to Contract for Services which we can accept (thereby creating a legally binding Contract incorporating, these Terms) for Account Customers and Credit and Debit Card Services by issuing to you a Booking Acceptance or otherwise and for Cash Customers, by the driver accepting allocation of your booking and proceeding to the pick up location requested by You.
3.2 Each party acknowledges that it is not relying on any statements, warranties or representations given or made by the other whether actual or implied by common law or under statute in relation to the subject matter of any Contract and that it shall have no rights or remedies with respect to such subject matter otherwise than under the relevant Contract.
3.3 We shall be entitled to vary the Price List from time to time.
3.4 We shall be entitled to exercise a lien over any Goods or property belonging to any Passenger until we receive full payment of any Charges due to us.
3.5 We may, in our absolute discretion, decline to accept any Booking.
3.6 Any dates, periods or times specified by us in connection with the performance of the Services are estimates only and time shall not be of the essence for the performance by us of our obligations under the Contract. We make no warranty that any Passenger or Goods or property shall be delivered within the Customer’s stipulated time period (if any) and/or within any time period stated by us unless express reference is made to this Clause 3.6 and agreed in writing by a director of London Wheels Minicabs.
3.6.1 No delay or omission by either party in exercising in whole or in part any right, power or remedy provided by law or under the Contract shall affect that right, power or remedy; or operate as a waiver of it.
3.7 The Customer agrees to indemnify and keep us fully indemnified from and against any direct and indirect losses, claims, expenses, damages or liability whatsoever incurred or suffered by us as a result of the negligence, acts or omissions or default under the Contract by the Customer, or its employees, agents or subcontractors or any Passengers.
3.8 The Customer shall be liable for any damage caused by Passengers to any Passenger Vehicle.
6.11 Subject to the following provisions of this clause 6, except in respect of death or personal injury caused by our negligence, or that of our servants or agents, our liability to the Customer for loss and/or damage caused by the negligence of us and/or our servants or agents, or otherwise which arises out of or in connection with the provision of the Services or their use by the Customer shall be limited as follows:
3.9 in relation to the Services, our liability shall not exceed £150
3.9.1 in the case of lost or damaged Goods (including where relevant luggage of Customers travelling in Passenger Vehicles), our liability shall not exceed £150 unless the Customer has notified us that the Goods have a value in excess of £150 and We have agreed in writing to be responsible for the repair or replacement of the Goods up to a greater value and the Customer shall indemnify us against any Passenger claiming sums in excess of such limits.
3.10 To the extent permitted by law, we shall not be liable in any way whatsoever for the acts or omissions of any sub-contractors to whom we sub-contract the Services. We shall use our reasonable endeavours to ensure that we only sub-contract the Services to such third parties that have at least the minimum insurance cover required in the third party’s country of operation. If we are aware that a third party does not have a level of insurance coverage which we would expect, we reserve the right to request that the Customer signs a standard form disclaimer and acknowledgement in respect of the same.
3.11 We shall not be liable to the Customer for any loss or damage to property arising in the course of delivering, loading or unloading of Goods or Passenger’s luggage or personal effects.
3.12 We shall not be liable to the Customer for any loss of anticipated savings, business revenues, loss of agreements, loss of opportunity or loss of business or profits whether categorised as direct or indirect or any indirect, special or consequential loss (including losses arising from business interruption, wasted management time, loss of goodwill, data and all other such loss whether or not arising in the normal course of business).
3.13 We shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing any of our obligations under the Contract.
3.14 We shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any failure to perform any of our obligations under the Contract if the delay or failure was due to any circumstances or cause beyond our reasonable control.
3.15 We shall, in no event, have any liability in respect of any claim, howsoever arising, that is not notified to us by the Customer, in writing, with sufficient particularity, to identify the nature and the quantum of the claim within fourteen (14) days of the occurrence of the circumstances giving rise to the claim.
3.16 The Customer acknowledges that the limitations on our liability as set out in this clause 6 are fair and reasonable in the circumstances and have been taken into account and reflected in the level of the Charges.
3.17 Any complaints relating to the Services shall be addressed to us and made in writing within 14 days of the event giving rise to the complaint.
3.18 Termination of this Contract shall be without prejudice to any rights and/or obligations of us and/or the Customer accruing prior to the date of such termination.
3.19 Any notice required or permitted to be given by either party to the other under these Terms, shall be in writing and may be given personally or sent by email or by prepaid registered post to the other party at its registered office or principal place or business or such other address as may at the relevant time have been notified as that party’s address for service. Any notice sent by. Any notice served by email shall be deemed delivered immediately and by registered post shall be deemed served 48 hours after posting to an address in the United Kingdom or 5 Business Days after posting to an address outside the United Kingdom. In proving the service of any notice it will be sufficient to prove, in the case of a registered post letter to provide proof of delivery.
3.20 A person who is not a party to any Contract shall not have any rights under or in connection with it.
3.21 We reserve the right to subcontract or delegate in any manner any or all of our obligations under any Contract to any third party or agent.
3.22 If any provision of these Terms, which is not of a fundamental nature, is held by any court or other competent authority to be invalid or unenforceable in whole or in part, such part, term or provision shall be deemed deleted from these Terms and the remainder shall not be affected. Should the foregoing apply the parties shall use all reasonable endeavours to agree upon any lawful and reasonable changes to these Terms which may be necessary in order, as close as possible, to give effect to the commercial intent of these Terms.
3.23 We reserve the right to amend these Terms. Notice of amendments to these Terms shall be posted on London Wheels Minicabs’s website.
3.24 These Terms shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales