1. |
INTERPRETATION |
1.1 |
In these Conditions: |
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"ADDITIONAL SERVICES" means such
other facilities provided by the Company to
the Client or its personnel when carrying
out the Services including without limitation
non-alcoholic beverages, newspapers and telecommunications
facilities. |
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" CONFIRMATION FORM" means the
confirmation form/booking form in respect
of the Services issued by the Company to the
Client on the Company's confirmation/booking
form. |
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" CLIENT" means the Company or
person named on the Booking Form for whom
the Company has agreed to provide the Services
in accordance with these Conditions. "COMPANY"
means VIP Bentleys Ltd. |
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" COMPANY'S CHARGES" means the
charges shown in the confirmation form or
invoice relating to the Services together
with any additional charges related to any
Additional Services provided by the Company
to the Client as varied by the Company from
time to time. "CONTRACT" means the
contract for the provision of the Services.
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" SERVICES" means the service
to be provided by the Company for the Client
and referred to in the Confirmation/Booking
Form. |
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" VEHICLES" means the motor vehicles
operated by the Company in carrying out the
Services. |
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"TERMS AND CONDITIONS and PRIVACY STATEMENT"
can be found on our web site or are available
on request. |
1.2 |
The headings in these Conditions are for
convenience only and shall not affect their
interpretation. |
2. |
SUPPLY OF THE SERVICES |
2.1 |
The Company shall provide the Services to
the Client subject to these Conditions. Any
changes or additions to the Services or these
Conditions must be agreed in writing by the
Company and the Client |
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Further details about the Services, and
advice or recommendations about their provision
or utilization that are not given in the Confirmation
Form, are available on written request. |
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The Company may correct any typographical
or other errors or omissions in any brochure,
promotional literature, quotation or other
document relating to the provision of the
Services. |
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The Company may at any time without prior
notification make any changes to the Services
which are necessary to comply with any applicable
safety or other statutory requirements, or
which do not materially affect the nature
or quality of the Services. However the client
will be notified as soon as practical. |
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The Company will not be held responsible
or give any guarantee of providing the Services
in a timely manner if the delay or failure
was due to any cause beyond the Company's
control. |
2.6 |
The Company reserves the right at its absolute
discretion without giving any reason, to decline
to provide the Services, notwithstanding that
a Contract has been entered into with the
Client. |
2.7 |
It is a condition of the Company providing
the Services to the Client that all passengers
must wear the seat belts provided in the Vehicles
at all times. For the avoidance of doubt,
the Company shall not be responsible for any
injury or damage attributable to a passenger's
failure to wear a seat belt and the Client
shall fully indemnify, and keep fully indemnified,
the Company in respect of any losses, demands,
expenses, actions, claims or costs arising
as a result of a passenger failing to wear
a seat belt. |
2.8 |
The Company exercises a strictly non smoking
policy in it vehicles. |
2.9 |
The Company will make every effort to supply
the exact vehicle ordered by the Client but
reserve the right to substitute the vehicle
in the case of breakdown, accident or third
party action. The Client will be notified
at the first possible opportunity if the vehicle
ordered is not available for any reason. The
Client will be given the option to cancel
the Contract and will be given a full refund
if the substitute vehicle is not suitable
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2.10 |
The Company reserve the right (and delegates
this right to its chauffeurs) to refuse to
carry in it vehicles any person who is thought
to be severely under the influence of alcohol
or drugs and/or is considered to pose a threat
to the chauffeur, the vehicles or other passengers.
The Company will not tolerate any physical
or verbal abuse directed at its staff. |
3. |
CHARGES |
3.1 |
Subject to any special terms agreed, the
Client shall pay the Company's Charges and
any additional sums which are agreed between
the Company and the Client and specified in
the Confirmation Form for the provision of
the Services or which, in the Company's sole
discretion, are required as a result of the
Client's instructions or lack of instructions.
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3.2 |
The Company shall be entitled to vary the
Company's Charges from time to time. But will
hold firm all prices agreed in the issue of
a Confirmation Form providing that a deposit
or payment in full has been made to the Company.
Any increase in Government VAT or introduction
of any Government surcharges will be specifically
excluded from this agreement. |
3.3 |
All charges quoted to the Client for the
provision of the Services will specify whether
they include or exclude any Value Added Tax,
for which the Client shall be liable at the
applicable rate from time to time. |
3.4 |
All charges will be due in full prior to
the commencement of the provision of the Services
unless otherwise agreed. |
3.5 |
In the case of account holders The Company's
Charges and any additional sums payable shall
be paid by the Client (together with any applicable
Value Added Tax, and without any set-off or
other deduction) within 7 days of the date
of the Company's invoice unless agreed otherwise. |
3.6 |
In the case of account holders if payment
is not made on the due date, the Company shall
be entitled, without limiting any other rights
it may have, to charge interest on the total
outstanding amount (both before and after
any judgement) at the rate of 5% above the
base rate, from time to time, of HSBC plc.
or an additional charge of £20.00 whichever
should be the greater, from the due date until
the outstanding amount is paid in full. The
additional charge is subject to our normal
Terms and Conditions. |
3.7 |
In the event of cancellation by the Client
the 10% deposit is non refundable .Cancellation
between 30- 7 days the total cost is refundable
less 25%. Any cancellation within 7 days of
the provision of Service will incur full costs.
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4. |
INSURANCE |
4.1 |
The Company agrees to maintain adequate
insurance in respect of its Vehicles and Public
Liability in relation to the provision of
the Services with a reputable insurance company
against all insurable liability of such an
amount as shall be determined by the Company.
The Company shall upon written request of
the Client provide to the Client copies of
the Certificates of Insurance. |
4.2 |
The Company and its staff will always take
every care of the Clients personal property
but it is carried entirely at their own risk
and no responsibility can be accepted by VIP
Bentleys Ltd, its staff or agents for loss
or damage thereto. |
5. |
WARRANTIES AND LIABILITIES |
5.1 |
The Company warrants to the Client that
the Services will be provided using reasonable
care and skill. |
5.2 |
Except in respect of death or personal injury
caused by the Company's negligence, the Company
shall not be liable to the Client by reason
of any representation (unless fraudulent),
or any other implied warranty, condition or
other term, or any duty at common law, or
under the express terms of the Contract, for
any loss of profit or any indirect, special
or consequential loss, damage, costs, expenses
or other claims (whether caused by the negligence
of the Company, its servants or agents or
otherwise) including without limitation loss
of anticipated profits, goodwill, reputation,
business receipts or contracts or losses or
expenses resulting from third party claims
which arise out of or in connection with the
provision of the Services or their use by
the Client, and the entire liability of the
Company under or in connection with the Contract
whether for negligence, breach of contract,
misrepresentation or otherwise shall not in
any circumstances exceed the amount of the
Company's Charges for the provision of the
Services. |
5.3 |
The Company shall not be liable to the Client
or be deemed to be in breach of the Contract
by reason of any delay in performing, or any
failure to perform, any of the Company's obligations
in relation to the Services. |
5.4 |
The Company shall not be liable to the Client
under the provisions of this clause unless
a written claim is received by the Company
within 5 days from the date that the Company
provided the Services to the Client. |
5.5 |
The Client shall be responsible for and
shall fully indemnify the Company in respect
of any loss or damage caused to the Vehicle
or any additional costs or expenses incurred
by the Company due to any act, omission or
default of the Client when using the Services.
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5.6 |
For the avoidance of doubt, where the Client
enters into a Contract with the Company in
respect of the Services and consents to its
employees, agents, sub-contractors, customers
or suppliers actually utilizing the Services,
the Client shall remain solely liable to the
Company in respect of any loss or damage suffered
by the Company caused by any act, omission
or default notwithstanding any other remedy
the Company may have against any other third
party. |
5.7 |
The Client warrants and undertakes to the
Company that it shall procure each of the
passengers in the Company's Vehicles to comply
with all applicable traffic and road safety
laws and regulations, including, without limitation,
the duty of all passengers to wear a seat
belt at all times when inside one of the Company's
Vehicles in accordance with the Motor Vehicle
(Wearing of Seat Belts) Regulations 1993 or
such similar legislation as enacted from time
to time. |
6. |
TERMINATION |
6.1 |
Either party may (without limiting any other
remedy) at any time terminate the Contract
by giving written notice to the other if the
other commits any breach of these Conditions
and (if capable of remedy) fails to remedy
the breach within 30 days after being required
by written notice to do so, or if the other
goes into liquidation, or (in the case of
an individual or firm) becomes bankrupt, makes
a voluntary arrangement with his creditors
or has a receiver or administrator appointed.
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7. |
GENERAL |
7.1 |
These Conditions constitute the entire agreement
between the parties, supersede any previous
agreement or understanding and may not be
varied except in writing between the parties.
All other terms and conditions express or
implied by statute or otherwise, are excluded
to the fullest extent permitted by law. |
7.2 |
Any notice required or permitted to be
given by either party to the other under these
Conditions shall be in writing addressed to
the other party at its registered office or
principal place of business or such other
address as may at the relevant time have been
notified pursuant to this provision to the
party giving the notice. |
7.3 |
No failure or delay by either party in
exercising any of its rights under the Contract
shall be deemed to be a waiver of that right,
and no waiver by either party of any breach
of the Contract by the other shall be considered
as a waiver of any subsequent breach of the
same or any other provision. |
7.4 |
If any provision of these Conditions is
held by any competent authority to be invalid
or unenforceable in whole or in part, the
validity of the other provisions of these
Conditions and the remainder of the provisions
in question shall not be affected. |
7.5 |
English law shall apply to the Contract,
and the parties agree to submit to the non-exclusive
jurisdiction of the English courts. |
7.6 |
The payment of a deposit or the setting
up of an account by the Client will constitute
acceptance of these Terms and Conditions.
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VIP Bentleys Ltd Privacy Policy |
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VIP Bentleys Ltd. is
committed to protecting your privacy. The
personal information which we hold will
be held securely in accordance with our
security policy and the law.
We will not transfer any information outside
the European Economic Area, we will only
use the information that we collect about
you lawfully (in accordance with the Data
Protection Act 1998).
VIP Bentleys Ltd only collects information
about you to process your quote or booking
requests.
The type of information we will collect
about you includes: your name, address,
phone number, e-mail address.
We will not e-mail you in the future unless
you have given us your consent and you can
be sure that under NO Circumstances
will we divulge your information to any
third party.
We will give you the chance to refuse any
marketing e-mail from us in the future.
The information we hold will be accurate
and up to date. You can check the information
that we hold about you bye-mailing us. If
you find any inaccuracies we will delete
or amend them promptly. If you have any
questions or comments regarding privacy,
please contact
us. |