OUR TERMS

These are the terms and conditions on which we will provide our services to you.

Please read these terms carefully before you place your booking with 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 booking arrangement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.

Are you a business customer or a consumer?

In some areas you will have different rights under these terms depending on whether you are a business or consumer.

You are a consumer if you are an individual and are making a booking with us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

If you are a business customer these terms constitute the entire agreement between us in relation to your booking. They apply to the exclusion of any other terms that you seek to impose or incorporate or which are implied by law, trade custom, practice or course of dealing.

You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.

1. About us

We are Hello Carz Ltd a company registered in England and Wales. Our company registration number is 12078049. Our registered and trading office is at 62 High Street, Ramsey, Huntingdon, PE26 1AA. Our registered VAT number is 351006742.

You can contact us by writing to us at info@hellocarz.co.uk or at 62 High Street, Ramsey, Huntingdon, PE26 1AA.

If we have to contact you about your booking we will do so by telephone or by writing to you at the email address you provided to us at the time of your booking.

2. Making a booking and confirmation

2.1 Please download our hellocarz app from app store or google place store and follow the on screen prompts to make your booking or visit our website www.hellocarz.co.uk. Bookings will only be accepted using the methods set out on our website. For online bookings please allow a minimum of 12 hours’ notice. For bookings less than 12 hours in advance, please call us directly. Each booking is an offer by you to buy our services subject to these terms.

2.2 If your booking is for a bank or public holiday, Christmas Day or New Year’s Eve, please indicate this at the time of booking as additional surcharges may be applicable (see “Our Charges” below).

2.3 Our acceptance of your booking will take place when we email or text you to confirm it, at which point a contract will come into existence between you and us in relation to that booking. If you have not received a confirmatory text or email within 1 hour of your booking, please contact us as soon as possible.

2.4 If we are unable to accept your booking, we will inform you of this by email/text at the time of your booking request and will not charge you for the booking.

2.5 If you have already made a booking but we are no longer able to fulfil this, we will inform you of this by email/text as soon as reasonably practicable. This might be because of unexpected limits on our resources which we could not reasonably plan for, lack of driver availability, adverse weather conditions or unexpected traffic issues.

2.6 Bookings will only be available for travel within mainland UK. You may make a booking from outside of the UK but the booking will only be valid for travel to and from addresses within mainland UK.

3. Our Charges

3.1 Our charges are those stated on our website or as advised on the app while making your booking. Additional charges may be payable for additional mileage. If you wish to change your booking after we have confirmed the cost of the booking to you, and we agree to such change, we will be entitled to revise our charges for the booking accordingly.

3.2 We take all reasonable care to ensure that the prices stated are correct at the time of booking. However please see clause 3.7 for what happens if we discover an error in the price of the booking you have made.

3.3 Additional surcharges may be applied on public and bank holidays, Christmas Day and New Years’ Eve which are not reflected in our online prices. Please contact us by phone for bookings on these days to confirm our prices for your journey.

3.4 Our charges may change from time to time, but changes will not affect any booking you have already placed. We reserve the right to increase our charges on an annual basis and any such increases will be displayed on our website.

3.5 Our charges are exclusive of VAT. Where VAT is payable in respect of your booking you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay our charges. If the rate of VAT changes between the date on which you make your booking and the date of your journey, we will adjust the rate of VAT that you pay, unless you have already paid for booking in full before the change in the rate of VAT takes effect.

3.6 Additional charges will be applied to your booking where we are required to travel on routes subject to road tolls or congestion zone charges. Further details of these charges can be found at www.gov.uk/uk-toll-roads. Wherever possible, we will inform you of these additional charges at the time of booking.

3.7 It is always possible that, despite our best efforts, some of the services we offer on our site may be incorrectly priced. Where the correct price for your booking is less than the price stated on our website, we will charge the lower amount. If the correct price for the booking is higher than the price stated on our website, we will contact you as soon as possible to inform you of this error and give you the option of continuing with the booking at the correct price or cancelling your booking. We will not confirm the booking until you have confirmed you wish to continue. If we are unable to contact you using the details provided during the booking system, we will treat your booking as cancelled and notify you by email and text.

3.8 Our drivers are expected to be professional and courteous in the provision of our services to you. It is your responsibility to co-operate with any requests that our drivers may make including not consuming smelly food in the vehicle, keeping noise to an acceptable level and behaving appropriately throughout the journey. Our drivers will not be subjected to abusive or foul language or behaviour and reserve the right to terminate or refuse any booking where they are threatened or subject to such behaviour or language and you will be responsible for the full costs of the booking in this situation.

4. NO SHOW CHARGES & AIRPORT WAITING TIME

4.1 Additional charges will apply in the event of a “no show”. A booking will be considered a “no show” if

a) you fail to meet the driver at the requested pick up time and address (including seaports, airports, stations, hotels and private addresses) provided that:

i. your driver has arrived at the address given for the booking;

ii. your driver has waited more than 10 minutes for you to meet them (60 minutes at airports); and

iii. your driver has attempted to contact you and received no response or you have contacted the driver to cancel the booking when the driver is already at the collection address, or

b) a booking has been confirmed but you have not received confirmation from us due to a technical fault on your part and you have not contacted us to cancel the booking, a vehicle has been dispatched for your journey and you have not met your driver;

c) you refuse to travel in the vehicle provided by us.

4.2 No refunds will be given in the event of a “no show” as outlined in clause 4.1 and you will be responsible for settlement of the full costs of the booking.

4.3 Where Your Booking Is For Airport Collection, Our Drivers Will Arrive At The Airport At The Requested Pick Up Time or at estimated landing time of your plane And Will Wait For Up To 1 Hour For You To Arrive After Your Booked Collection Time  Unless You Have Contacted Us And Advised Of Any Delays To Your Travel. If You Have Not Met Your Driver After 1 Hour Or Have Not Contacted Us To Advise Of Any Delays, The Booking Will Be Deemed A “No Show” And You Will Be Responsible For The Full Costs Of The Booking.

4.4 Your 1 hour free waiting time starts from the time your plane landed, not from the time when your driver arrived at Airport. If there is any further delays at Airport due to your baggage not arrived in hall or you stuck in immigration que or You have lost your baggage and you dealing with authorities to locate the baggage or you need a extra time at airport for any other reason and you’re not ready to sit in provided Taxi/Private Hire Vehicle, you will be charged extra £10/h waiting time plus airport car parking charges after the first hour from the time your plane landed at top of your original taxi booking cost.

**For collections at London City Airport only, the maximum waiting time permitted is 15 minutes**

4.5 If you are delayed in your travel plans, we reserve the right to apply additional waiting charges if you have contacted us and asked for the driver to wait longer at the pick up point.

5. Your rights to make changes to your booking

5.1 If you wish to make a change to your booking, including any variations in the route, additional mileage, time of booking or number of passengers, please contact us with as much notice as possible. We will let you know if the change is possible.

5.2 If it is possible to make a change to your booking, we will let you know about any changes to the price of the booking (as set out in our pricing structure on our website), the timing 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 to the booking.

6. Provision of services

6.1 Subject to our right to amend your booking as set out in clause 6.2, we will fulfil your booking in accordance with our specified standards of service.

6.2 Once your booking has been confirmed, we reserve the right to make changes to the booking at any time if appropriate, but if we do so we will notify you in advance of your booking of any changes relating to the booked vehicle, notified driver or driver arrival time at the departure address.

6.3 We will provide our services to you using all necessary care and skill and confirm that our drivers will:

a) drive at safe and sensible speeds in accordance with legal speed limits, road and traffic conditions; and

b) travel by the most appropriate route on the day given traffic conditions unless otherwise instructed by you.

6.4 Our services are provided by self-employed drivers who act as agents on our behalf. Where we have limited resources, we reserve the right to provide subcontracted vehicles and drivers in order to fulfil our provision of services to you.

6.5 All our vehicles operate a strict non-smoking policy.

6.6 We maintain professional and public liability insurance in connection with the services provided. All our vehicles and subcontracted vehicles (as applicable) are fully insured for passenger and third party claims in connection with the services provided.

6.7 The following items will not be accepted for carriage in any of our vehicles or any vehicles which may be subcontracted by us in accordance with these terms:

a) explosives, firearms, flammable materials or liquids, tear gas, mace or pepper spray;

b) perishables (excluding food purchased as part of a normal domestic shopping visit) or items of a fragile, breakable or temperature sensitive nature;

c) cash in excess of normal personal amounts;

d) hazardous waste;

e) pressurised containers;

f) securities and negotiable papers;

g) alcoholic beverages or items containing alcohol (unless carried in a sealed, unopened container/packaging and not consumer during the journey); and

h) illegal narcotics/drugs.

7 Your responsibilities

7.1 We will require certain information from you so that we can fulfil your booking, for example, your name, contact number, departure point and arrival destination. This will have been stated in the booking system on our website or at the time when you placed your booking with us by telephone. If you do not give us this information at the time of booking, or if you give us incomplete or incorrect information, we may either cancel the booking (and clause 14.4 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for any delays in your journey if this is caused by you not giving us the information we need.

7.2 It is your responsibility to ensure that the details for the booking are correct including the date, time and departure and arrival destinations. We will not be responsible for any inaccuracies in your booking if you have provided us with incorrect information and no refunds will be given if you have provided us with incorrect details e.g. wrong dates, flight numbers or addresses.

7.3 You acknowledge that you will be responsible for any damage caused to the interior or exterior of a vehicle provided by us to fulfil your booking, including damage caused by any pets carried pursuant to clause 8. In the event of any damage, you will be responsible for the costs of any repairs and/or valet charges incurred by us which are necessary to reinstate the vehicle to working order.

7.4 You are responsible for ensuring that you do not leave any personal belongings in the vehicle. Should you find that you have left any property in a vehicle provided by us after you have completed your journey, please contact us as soon as possible with a description/details of the item. If the driver is still in the vicinity, we will arrange to return this to you as soon as possible, otherwise the item will be returned and stored at our offices. In the event that any unfamiliar or suspicious item is left in a vehicle, such item will be handed in to the nearest police station.

7.5 It is your responsibility to get in and out of the vehicle safely. Our drivers may provide reasonable assistance to you on request. Neither we nor the driver providing the booked service will accept any liability for injuries suffered or damage caused to any passenger when getting in or out of a vehicle.

7.6 If you are unable to locate the driver at the booked departure point, it is your responsibility to contact us by phone to ensure that the journey can take place and is not deemed a “no show” as outlined in clause 4.1 above.

7.7 You will ensure that you comply with all applicable laws and regulations relating to the safe use of the vehicle, including the wearing of safety belts.

8 Carriage of pets

8.1 Pets will be carried subject to the provisions of this clause 8 and must be notified at the time of booking.

8.2 For passengers travelling with a guide dog, a secure lead or harness must be present for the safety of the dog.

8.3 Except for guide dogs and any other large dogs required to travel as part of your booking, all other pets must be kept in a secure cage with a secure litter tray (as appropriate) to prevent any stains or damage to the vehicle provided.

8.4 Our drivers are not responsible for the loading and unloading of pets from the vehicle provided. It is your responsibility to ensure that your pet is supervised at all times and behaves appropriately throughout the journey.

8.5 If any pet is found to be aggressive or threatening in its behaviour, the driver reserves the right to refuse the booked service and you will be liable to pay the full cost of the booking without refund.

9 Carriage of children and use of child seats

9.1 Under UK legislation, our vehicles are exempt from legislation relating to children travelling in a baby/child seat or using a booster seat. Further details of this legislation can be found at https://www.gov.uk/child-car-seats-the-rules/when-a-child-can-travel-without-a-car-seat.

9.2 For health and safety reasons, we are unable to provide any form of child seat for your journey. If you are travelling with children and require the use of a child seat for your journey, it is your responsibility to provide an appropriate child seat, to fit the seat into the vehicle provided and to secure the child in the seat prior to commencement of the journey.

9.3 The installation of any child seat must be carried out by you. Our drivers are not permitted to install any child or booster seat into their vehicle for safety reasons.

9.4 Where you have booked a return journey and have your own child seat for use, the same driver will be allocated to your return journey and will store your child seat for the return journey should you wish for us to do so. Please advise us if this will be necessary at the time of booking.

10 Events outside our control

10.1 We will use all reasonable endeavours to ensure that we arrive on time for your booking. Arrival times are estimates only and failure to arrive on time will not give you any right to cancel the booking save as set out in clause 12.

10.2 Whilst we do our best to ensure our drivers are punctual, we will not be liable for any failure to fulfil your booking or for any delays in your travel which are caused by circumstances out of our control including, but not limited to, acts of God, explosion, flood, fire, accident, traffic and congestion, terrorism, civil disturbance, violent or malicious attack, strikes, flight delays and cancellations, power failure or breakdown of computer systems. If such circumstances arise which mean we are unlikely to be able to fulfil your booking, or it may be subject to delays, we will contact you as soon as reasonably possible to notify you. 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 cancel the booking and receive a refund for any booking you have paid for but which has not been fulfilled.

10.3 If the circumstances are likely to continue for more than 2 hours, you may cancel the booking. To cancel your booking, please contact us. If you opt to cancel, we will refund the cost of the booking to the payment card used to secure the booking at the outset.

11 How to Pay

11.1 Payment for bookings is required in advance. We will take payment for the booking on confirmation. We accept payment with all major credit and debit cards.

11.2 We will send you an invoice/receipt within 2 hours of the payment being made. For any failed or cancelled payments, a £20 administration fee will be charged.

11.3 If you think we have provided you with an incorrect price for your booking, please contact us promptly to let us know so that we can investigate your query.

12 Your rights to cancel

12.1 You can always cancel your booking and end your agreement with us. Your rights when you cancel the booking will depend on whether there is anything wrong with our services, how we are performing, when you decide to cancel and whether you are a consumer or business customer.

12.2 Subject to clause 10.3, we require a minimum of 6 hours cancellation for a full refund to be given. If you decide to the cancel the booking less than 6 hours before the booked time of departure, you will be liable to pay for the booking in full and will not be entitled to any refund.

Ending the contract because of something we have done or are going to do.

12.3 If you are cancelling a booking for a reason set out below your booking will be immediately cancelled and we will refund you in full for your booking. The reasons are:

a) we have told you about an upcoming change to our services or these terms which you do not agree to;

b) we have told you about an error in the price of the journey you have booked and you do not wish to proceed;

c) there is a risk that your booking may be significantly delayed because of events outside our control; or

d) you have a legal right to end the contract because of something we have done wrong.

12.4 Your rights as a consumer to change your mind do not apply in respect of these terms as it is an excluded contract for the provision of passenger transport services under regulation 27(2)(c) Consumer Contract Regulations.

12.5 Even if we are not at fault, you can still cancel your booking before the time of departure. If you want to cancel your booking, just contact us to let us know. Provided we receive at least 6 hours’ notice of the cancellation, we will refund any advance payment you have made for the booking.

13 How to cancel your booking

13.1 Please let us know if you wish to cancel your booking by following on screen instructions on your app or by visiting our website www.hellocarz.co.uk or email us at info@hellocarz.co.uk. Please provide your name, departure address, date of the booking and, where possible, your phone number and email address.

13.2 If you are entitled to a refund under these terms we will refund you the price you paid for the booking by the method you used for payment.

13.3 We will make any refunds due to you as soon as possible. In all cases, your refund will be made within 14 days of you telling us you wish to cancel the booking.

14 Our rights to cancel or reject the booking

14.1 We may cancel or reject your booking at any time if:

a) you do not make payment to us when it is due;

b) you do not provide us with information that is necessary for us to fulfil the booking e.g. departure point;

c) you do not, within a reasonable time of our arrival at the departure point, make yourself known to us to enable us to depart within a reasonable time to fulfil the booking; or

d) adverse weather, road or traffic conditions mean it is not possible for us to fulfil your booking safely and on time.

14.2 We will provide a vehicle suitable for your needs based on the information you provide to us at the time of booking. Where the vehicle provided is not suitable in terms of luggage capacity or number of seats due to inaccuracies in information provided by you to us, we reserve the right to cancel the booking and apply a 50% cancellation charge, notwithstanding another vehicle may be available.

14.3 We and our drivers have the right to refuse to carry any passenger who we suspect to be under the influence of alcohol or drugs and whose behaviour we believe poses a threat to the driver, the vehicle or any other passenger(s) regardless of booking. In the event that you have made a booking and we exercise our right to carry you or any of your booked passengers, we shall be permitted to cancel the booking line with our rights set out in this clause.

14.4 If we end the contract in the circumstances set out in clause 14.1 we will refund any money you have paid in advance for your booking.

14.5 Cancellation of the booking will not affect your or our rights and remedies that have accrued under these terms as at the time of termination.

15 Our responsibility for loss or damage suffered by you

if you are a consumer

15.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation.

15.3 We are not liable for business losses. If you are a consumer we only supply our services to you in connection with domestic and private journeys. If you make any bookings for any commercial or business purpose our liability to you will be limited as set out below for business customers.

if you are a business

15.4 Nothing in these terms shall limit or exclude our liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation, or any matter in respect of which it would be unlawful for us to exclude or restrict liability.

15.5 Subject to clause 15.4 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us.

16 Your Personal information

16.1 We will only use your personal information as set out in our Privacy Policy and for the provision of our services. Our privacy policy can be found at https://hellocarz.co.uk/privacy-policy/

16.2 By supplying your email address and mobile number at the time of booking, you permit us to use those contact details to confirm your booking and provide notifications relating to the same.

16.3 We will not share your details with any third parties.

17 Complaints

If a problem arises or you are dissatisfied with our service, please contact us in the first instance in order that we can try to resolve your complaint. A copy of our complaints policy is available on request.

18 Other important terms

18.1 These terms and your booking are made only in the English language.

18.2 We may assign or transfer our rights and obligations as set out in these terms to another entity. You may not assign or transfer your rights or obligations under these terms to any other person.

18.3 Any variation of these terms and the agreement between us in relation to the booking will only be effective if it is confirmed in writing between us (or our authorised representatives).

18.4 Each clause of these terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining clauses will remain in full force and effect.

18.5 The booking and related agreement is between you and us. No other person has any rights to enforce any of its terms.

18.6 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to fulfil the booking, we can still require you to make the payment at a later date.

18.7 These terms are governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with these terms to the exclusive jurisdiction of the English Courts.