A 1. THESE TERMS
• 1.1 Definitions:
◦ Booking: acceptance of your Booking Request by Fox Transport.
◦ Booking Confirmation: [once you receive an email from Us confirming your Booking.]
◦ Booking Request: the process of the customer filling in the online form / and or sending a request to us for a booking by email.
◦ Contract: shall have the meaning given in clause 3.4.
◦ Quotation: the quotation provided to you in accordance with clause 3.2.
◦ Quotation Request: shall have the meaning given in clause 3.2.
◦ Services: the services provided by Fox Transport accordance with these terms.
◦ terms/Terms: these Terms and Conditions.
◦ Us/We/Our/Fox Transport: refers to Fox Limousines
• 1.2 What these Terms cover: These are the terms and conditions on which We supply the Services to you, namely the hire of coaches with a driver.
• 1.3 Why you should read them: Please read these Terms carefully before you submit your Booking to Us. These Terms tell you who We are, how We will provide Our Services to you, how you and We may change or end the contract, what to do if there is a problem and other important information. Most importantly, Please Note that by using our service to book your vehicle hire, you are agreeing to be bound by these Terms And Conditions.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
• 2.1 Who We are: We are Fox Limousines registered England and Wales.
• 2.2 How to contact us: You can contact Us by telephoning Our customer service team at 0208 406 3758 or by writing to Us at [email protected]
• 2.3 How We may contact you: If We have to contact you We will do so by telephone or by writing to you at the email address or postal address you provided to Us in your booking.
• 2.4 “Writing” includes emails: When We use the words “writing” or “written” in these Terms, this includes emails.
3. OUR CONTRACT WITH YOU
• 3.1 What Information we need from you to provide a Quotation: When requesting a Quotation you must supply Us with the following:
a) the date on which you require the Coach Hire;
b) the pick up time (and if applicable the collection time);
c) whether waiting time is required and if so the length of waiting time;
d) the location for pick up (and collection if required);
e) the number of passengers;
f) flight numbers;
g) contact numbers;
h) event entrances; and
i) any narrow roads, lanes or entrances.
• 3.2 How to request a Quotation: a To request a Quotation you will need to complete and return to us the “Quotation Request” or contact us by email or telephone to provide us with details of your proposed booking. We will then provide you with a Quotation, which shall remain available for acceptance for a period of 7 days.
b Quotations are provided based on; –
i) the most direct route as determined by us unless a specific route is requested in your Booking Request; and/or
ii) the information provided by you in the Booking Request (including the information set out in clause 3.1).
c If you wish to accept the Quotation you must send to us the Booking Request form.
• 3.3 Submitting a Booking Request: Before submitting your Booking Request, please ensure that you have read these Terms carefully. If you are unsure about any part of these Terms please contact Us for clarification. Nothing provided by Us including, but not limited to sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Booking constitutes a contractual offer that We may, at Our discretion accept.
• 3.4 How We will accept your Booking: Our acceptance of your Booking will take place when We email you to accept your Booking Request and We receive from you a Fifty percent deposit of the full amount of the charges for the Booking as set out in Our Booking acceptance, which is Non Refundable at which point a contract will come into existence between you and us (Contract). It is your responsibility to check the Booking Confirmation, once received, for its accuracy and completeness, any discrepancies found in the Booking Confirmation should be communicated to Us as soon as possible.
• 3.5 If We cannot accept your Booking: If We are unable to accept your Booking, We will inform you of this [in writing] and will not charge you for the Services. This might be for example because all of the coaches have already been booked by other customers on the date that you require them.
• 3.6 Your Booking number: We will assign a booking number to your Booking and We will write to you with details of your Booking when We accept your Booking Request. It will help Us if you can tell Us the booking number whenever you contact Us about your Booking.
• 3.7 Your rights to make a change to a Booking: You may request a change to your Booking at any time before We begin providing the Services by contacting Us in accordance with clause 2.2. Requests to change Bookings must be made in writing. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
• 3.8 Our rights to make a change to a Booking: We may change the services:
a) to reflect changes in relevant laws and regulatory requirements; and
b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services.
c) We may supply a number of smaller vehicles or a larger vehicle than requested. These changes will not affect your use of the services.
d) to place a second driver on some journeys to assist us with staff training. These changes will not affect your use of the services.
e) to subcontract our Services to other providers. These changes will not affect your use of the services.
4. PRICE AND PAYMENT
• When you will need to pay us:
a When we confirm acceptance of your Booking Request, you will be required to pay a Deposit of 50%(Fifty percent) of the agreed Quotation for the Services. The due date for payment of your Deposit will be included in the Booking Confirmation.
b The remainder of the amount due to us will be due and payable in full 20 days prior to the provisions of the Services.
c If your Booking is made 20 or less days prior to the date that the services are to be provided on, then full payment must be made prior to us accepting your Booking.
• 4.2 How we accept payment: We accept the following methods of payment:
a online using a credit or debit card via our secure website; and, or
b by credit or debit card by telephone;
c by bank transfer however, we must be in cleared funds no later than 20 days prior to the date that the Services are to be provided unless preagreed otherwise by us in writing.
• 4.3 Card preauthorisation: We may need to preauthorise your credit or debit card to determine that it is valid.
• 4.4 Services requested outside of the Booking Request: If additional services are requested there may be additional charges.
• 4.5 Fees, costs and charges that are included in the Quotation:
a All Quotations are only for the vehicle and driver. If you require any additional Services that We supply please list these in your Booking Request and the cost will be included in the Quotation.
b One standard suitcase per person is included in the Quotation, if you have more luggage please speak with one of Our advisors.
c Unless, it has been agreed otherwise, the Quotation will not include tickets, admission charges, ferries, road tolls or parking. However, at your request We may make these arrangements for you, but would do so as your agent and these costs will be in addition to the Quotation (We will include up to £20.00 (twenty pounds) of such costs in our Quotation). We also charge an additional 15% administration fee for arranging such services. This means that any terms and conditions applicable to that transaction by that supplier (i.e. those relating to payment, cancellation, etc.) would be as binding on you as if you had made these arrangements directly. Details of such can be available upon request, We will not enter into any arrangement on your behalf until you have made payment to us.
d All Quotations will be based on the use of a single driver.
e For journeys over 15 hours, it may be necessary to provide accommodation for the driver, these costs will be confirmed in the Quotation where applicable.
f All Quotations include a maximum of 5 minutes per Booking waiting time. After that, any waiting time will be charged in accordance with Part A the Schedule to these Terms.
g If you or any of your passengers are late for any pickup/collection (as set out in the Booking) then you will be liable for any costs incurred by Us in trying to provide the Service, including without
limitation on any costs incurred by Us in finding a replacement vehicle if the original vehicle is no longer available/and in finding another available driver in accordance with Part A the Schedule to these Terms.
h The cost of accommodation, ferries, meals and/or event tickets, agreed between us and which have already been purchased by Us at your request, will be added to your Booking fee.
• 4.6 We can charge interest if you pay late: If you do not make payment to Us by the due date as shown in/on the Booking Confirmation We may charge you interest on the overdue sum at the rate of [*]% per annum above the base lending rate of [*] Bank Plc from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
• 4.7 What to do if you think an invoice is wrong: If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we reserve the right to charge you interest on correctly invoiced sums from the original due date.
5. PROVIDING THE SERVICES
• 5.1 How we provide the Services: As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the coach and mini bus hire sector, and in accordance with any information provided by Us about the Services and about Us.
• 5.2 When we will provide the Services: We will begin providing the Services on the date confirmed in Our Booking Confirmation.
• 5.3 We are not responsible for delays outside our control: If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received. Such causes include: unusual traffic, congestion, including road works, road closures, and accidents (this is a non- exhaustive list) power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control. Should the matter arise where an alternative vehicle needs to be supplied, we will assist the operator in finding an alternative. Should the operator be unable to provide you with an alternative, then we will assist in moving you to an other operator for the vehicle hire Services to continue. In this event we cannot guarantee colour, exterior or interior features, or model.
• 5.4 Reasons we may suspend the services: We may have to suspend the services to:
a deal with technical problems or make minor technical changes (for example the vehicle which was to be used to provide Services to you breaks down);
b if an event out of our control occurs;
c update the services to reflect changes in relevant laws and regulatory requirements;
d make changes to the services as requested by you or notified by us to you (see clause 3.7).
• 5.5 Your rights if we suspend the services: We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend the services we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract if we suspend the services, or tell you we are going to suspend them and we will refund any sums you have paid in advance for services not provided to you.
• 5.6 We may also suspend the services if you do not pay: If you do not pay us for the services when you are supposed to (see clause 4.1) and you still do not make payment within  days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the Services where you dispute the unpaid invoice (see clause Error! Reference source not found.). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 4.6).
• 5.7 What will happen if you do not provide required information to us: If We require any information or action from you in order to provide the Services (including the information set out in clause 3.1), We will inform you of this as soon as is reasonably possible. If the information or action required of you is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 8.2) or If additional [mileage / waiting time] is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that [mileage / waiting time].
• 5.8 Your responsibilities during the provision of the Services:
a Other than on a vehicle fitted expressly for that purpose, not consume or allow the consumption of food (except confectionery) and drink (including alcoholic beverages) in the vehicle without prior written consent from Us.
b Not sell or distribute food (except confectionery) and beverages (other than as sold or supplied by Us) on the vehicle.
c Not to leave rubbish or mess on the vehicle or allow passengers to leave mess or rubbish on the vehicle. If we need to clean the vehicle due to mess made by your passengers, the cost will be between £200 and £500 depending on the size of the vehicle and as at the table in Schedule Part C
d You must not load the vehicle beyond the agreed capacity.
e You should take all steps to notify Us in advance of any luggage requirements. All vehicles hired by Us are subject to restrictions on carrying luggage for statutory safety reasons. The driver may not be able to be carry certain items (such as large, heavy or bulky items) in relation to these restrictions. It should be noted that our drivers will only allow hand luggage to be brought onto the vehicle for health and safety reasons. All larger items must be placed in the hold (if pre-agreed with us that we can accommodate them).
f All music aboard the vehicle will be chosen by the driver unless pre- agreed with us in writing.
g It is your responsibility as the hirer to ensure that all passengers are accounted for and act responsibly at all times.
h It is your responsibility as the hirer to ensure that all passengers are on time and at the correct location for the pick-up/collection. You will be responsible for any additional travel expenses if such passengers are not on time and/or in the correct location.
i Your are responsible if:
i) Your passengers do anything that puts our driver in danger; and
ii) Your passengers do anything which in the reasonable opinion of the driver would distract him.
j You are responsible for your luggage and personal belongings at all times.
k No decoration can be put up in or outside vehicles.
l If you find any property on one of the vehicles belonging to someone else, you must hand it over to the driver as soon as it is safe to do so.
m To request any changes with us not our drivers.
n There is a strict no smoking policy in all vehicles. We also enforce a strict no smoking policy outside the vehicle if close to windows, exits and entrances.
o No animals (other than guide dogs and hearing dogs notified to the Us in your Booking Request) may be brought on any vehicle without prior written agreement from Us.
p You are responsible for the actions of individual passengers who do not comply with Our [instructions or instructions from the hirer].
q If you organise other elements of a package in addition to the provision of transport, you may be defined as an organiser or a retailer for the purposes of the Package Travel, Package Holidays, and Package Tours Regulations 1992 and as such may be required to comply with the provisions of those Regulations. In this instance, you are responsible for complying with such Regulations and for any loss or damage incurred in relation to non- compliance.
r The driver is responsible for the safety of the vehicle at all times, and as such may remove any passenger whose behaviour in his reasonable opinion prejudices safety or is in breach of the Public Service Vehicle (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990. He may also in these circumstances terminate the Service. These regulations set out certain rights and responsibilities on all parties. You are responsible for any damage caused to the vehicle by any passenger for the duration of the hire.
s Where the Booking is to a sporting event, you should be aware of the legal requirements relating to alcohol, contained in the Sporting Events (Control of Alcohol) Act 1995, and the conditions of entry to race courses as laid down by the Race Course Association Ltd.
t You are responsible for all passengers wearing seatbelts:
i) In coaches, who are over the age of 14;
ii) On mini buses, who are over the age of 14;
iii) On [ coaches], a child under 3, a suitable child restraint which must be supplied by you, if a child between 3 and 12 years use an appropriate child restraint supplied by you.
u Not to permit or allow any alcohol to be consumed on any of our vehicles and if in our drivers reasonable opinion you or any of your passengers are intoxicated they reserve the right to prevent access to our vehicle.
v It is important to note that the hours drivers can work is regulated by law. You shall not (and you shall ensure that none of your passengers shall) delay or otherwise interrupt the journey so as to cause the driver to breach the regulations. If any mandatory stops are made in in compliance with such regulations you are responsible for all passengers and you must account for them.
• 5.9 Our responsibilities during the provision of the Services:
a We will Not be held responsible for any foreseeable loss or damage that you may suffer as a result of Our employees, agents or sub- contractors)
b We have 30 Years in Transport Industry and will only use the most Reliable and Honest Coach Companies. We also save you time and energy ringing up endless Coach Companies
c We Act as Agents, on behalf of all the major Coach Companies .We do not own the Coaches Therefore we will get payment on behalf of Customers to give to Coach Companies.
d The Maximum loss or damage we will be responsible for is limited to the booking fee you paid us when using the Services we are only responsible for. But our role is also to exercise reasonable skill and care in making your booking as smooth as possible. You must tell us immediately of any failure to perform or improper service of the vehicle that is supplied and service you get from operator. We will contact the operator and pass the complaint to them, who will then contact you directly. We will under no Circumstances whatever be liable to you for any loss of profit, loss of business, business interruption, loss of business opportunity, loss of goodwill or loss of sales, business or revenue, or liable for any Injury or death on your coach journey.
• 5.10 When you will be able to access the Services: Unless pre-agreed in your Booking Confirmation or subsequently agreed with Us in writing, you will not have use of the vehicle during the time period between the [arrival] and the return [Services], nor will the vehicle be obliged to remain at the destination for your use.
• 5.11 What happens if luggage is left on the vehicle: If you leave or lose any of your luggage whilst travelling on one of the vehicles and the luggage is either found by or handed to a member of staff We shall take reasonable care of that luggage. Such luggage will be stored at such a location as We may decide but all such storage will be at the passenger’s risk. We may charge you a reasonable administration fee for the storage and return of your lost luggage. If you do not collect your lost luggage within 1 month of Our receiving or finding it, We may dispose of it in any manner We wish, including by destruction or sale and We shall give sale proceeds to a charity of Our choice. We shall be entitled to open and examine any left or lost luggage. If there are any items which We consider are dangerous or perishable or otherwise unsuitable for storage, We shall be entitled to dispose of such items within 48 hours of Our receiving or finding them.
6. PROBLEMS WITH THE SERVICES AND YOUR LEGAL RIGHTS
• 6.1 How to tell us about problems after service: We always use reasonable efforts to ensure that Our provision of the Services is troublefree. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible:
a by email on [email protected]
b During service contact by e.mail only. We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical. You have 7 days after the journey to lodge a complaint. If we do not hear anything after 7 days, any complaints will de deemed devoid.
7. YOUR RIGHTS OF CANCELLATION
• 7.1 You can always end the contract before the services have been supplied and paid for: You may contact us at any time to end the
contract for the services, but in some circumstances we may charge you certain sums for doing so, as described below.
• 7.2 What happens if you end the contract :
• ALL DEPOSITS PAID FOR THE JOURNEY ARE NON REFUNABLE.WHETHER PAID AN HOUR BEFORE OR A YEAR BEFORE
a If you cancel the Services 31 days before the date that the Services are to be provided then we are entitled to charge you the full amount
8. OUR RIGHTS OF CANCELLATION
• 8.1 We may stop providing the Services: We may write to you to let you know that we are going to cancel your Booking for the Services. We will let you know at least [PERIOD] in advance of cancellation and will refund any sums you have paid in advance for services which will not be provided.
• 8.2 We may end the contract if you break it: We may cancel the Booking immediately by giving you written notice.
a You fail to make a payment to us when it is due and do not make payment within one day of us reminding you that payment is due (this does not affect Our right to charge interest on overdue sums under Clause 4.6); or
b You have breached these terms in any material way and have failed to remedy that breach within 7 days of Us asking you to do so in writing (For the purposes of this clause, a breach of these terms will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.); or
c You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services (including the information set out in clause 3.1).
• 8.3 You must compensate us if you break the contract: If we end the contract in accordance with clause 8.2 and you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment within [NUMBER] days of being invoiced.
9. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
• 9.1 How we will use your personal information: We may use your personal information to:
a Provide Our Services to you.
b Process your payment for the Services.
c If you agree to this during the order process, inform you of new products and services available from Us.
d In certain circumstances (if, for example, you wish to pay for the Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
e We will not pass on your personal information to any other third parties [without first obtaining your express permission] or where the law either requires or allows us to do so.
10. OTHER IMPORTANT TERMS
• 10.1 We may transfer our rights and obligations under these terms to someone else: We may transfer (assign) Our obligations and rights under these terms to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
• 10.2 You may not transfer your rights or obligations under these terms to anyone else: You may not transfer (assign) your obligations and rights under these Terms (and under the Contract, as applicable) without Our express written permission.
• 10.3 Nobody else has any rights under this contract: the Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.