- Definitions.
In these terms and conditions of business (“these Terms”), unless thecontext requires otherwise, the following words shall have the following meanings:“User or Buyer” means the company, firm, body or person requiring the services of the Company. “Company” means Airport Taxi Belfast (ATB). “Force Majeure Event” means any event beyond the reasonable control of a party including, without limitation, strikes, lock-outs, labour disputes, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant vehicle or machinery, fire, flood, storm; “Order” means a purchase order in respect of Services provided; “Services” means work and/or services or any of them to be performed by the Company to the Buyer pursuant to any Order. “Agent” means the capacity in which Airport Taxi Belfast (ATB) act on behalf of Drivers for both cash and account work.
1.2 When starting to use the Service, the User shall be deemed to have accepted the terms of this Agreement without any reservations, exceptions or limitations not contained herein. In case of the User’s disagreement with any provision of this Agreement, the User shall not use the Service.
1.3 The Company reserves the right to change or modify this Agreement at any time and in its sole discretion and with no prior notice. A new version of this Agreement shall come into effect when posted on the Site. By continuing to use the Service, the User confirms the User’s acceptance of the revised Agreement. The Company encourages the Users to review the Agreement frequently to ensure that the User understands the terms and conditions that apply when he uses the Service. If the User does not agree to the revised Agreement, the User may not use the Service.
2. Applicability of these Terms
2.1 The Company’s quotations are not binding on the Company and a contract (the “Contract”) will only come into being upon acceptance by the Company of the Order and the following conditions shall be deemed to be incorporated into the Contract.
2.2 Orders are accepted and services rendered exclusively on the basis of these Terms. These Terms shall apply to the present transaction and also to all future transactions even if not referred to subsequently If not accepted earlier these Terms shall be deemed to have been accepted on acceptance of our Services. The Company hereby disapplies any inconsistent terms of business or conditions of purchase offered by the Buyer.
2.3 Any deviation from or addition to these Terms or the Contract shall be effective only if confirmed in writing by an employee of the Company having actual authority to depart from these Terms or the Contract.
2.4 The Buyer acknowledges that there are no representations outside these Terms which have induced him to enter into the Contract and these Terms shall constitute the entire understanding between the Buyer and the Company.
2.5 All descriptions and illustrations contained in the Company’s price lists and advertisements or otherwise communicated to the Buyer are intended merely to present a general idea of the goods described therein, and nothing contained in any of them shall form any part of the Contract.
3. Orders and Conclusion of Contract
3.1 All Orders, acceptances, additions, amendments and supplementary agreements will be ineffective unless confirmed in writing by the Company.
4. Prices
4.1 Prices quoted by the Company shall only be binding on the Company when made in writing and are subject to withdrawal at any time before receipt of an unqualified order from the Buyer and shall be deemed to be withdrawn unless accepted within 30 days from their date.
4.2 The Supplier reserves the right to increase the price of the service if the journey undertaken is to be extended beyond the City boundary.
4.3 Unless otherwise agreed in writing, the costs of insurance will be borne by the Supplier
4.4 Where the price for the Goods or the Services is varied in accordance with clause 4.2, the price as varied shall be binding on both parties and shall not give either party any option of cancellation.
5. Terms of Payment
5.1 Prices quoted are in sterling unless otherwise agreed. Subject to credit being approval in writing by the Company accounts are due for payment within 7 days of the date of the invoice.
5.2 Where contract work is to be performed over a period in excess of one month the value of work carried out shall be ascertained by the Company at the end of each week and (unless the Contract expressly provides) a sum equal to such value (or any percentage thereof specified in the Contract) shall be invoiced and such invoice shall be paid in accordance with the foregoing provisions of this clause.
5.3 Without prejudice to any other rights the Company may have, failure by the Buyer to pay any invoice in accordance with the foregoing terms or other terms specified in the Contract shall entitle the Company without notice, to suspend further work both on the same Order and on any other Order from the Buyer.
5.4 If the buyer is in default the Company shall be entitled to treat that failure as a repudiation of the Contract by the Buyer entitling the Company to recover damages for such breach and the Buyer shall automatically be obliged to pay daily compounded interest on each amount overdue from and including the date on which it became overdue at a rate of 2.5 per cent above the base rate of Ulster Bank Limited.
5.5 The Company reserves the right, where genuine doubt arise as to a Buyer’s financial position or in the case of failure to pay for services provided as aforesaid, without notice, to suspend performance of any order or any part or installment without liability until payment or satisfactory security for payment has been provided.
5.6 The whole of the price shall not be treated as paid until any cheque, bill of exchange or other instrument of payment given by the Buyer has been met on presentation and cleared or otherwise honoured in accordance with its terms.
6. Delivery Performance
6.1 The dates for provision of the services are approximate only and, unless otherwise expressly stated, time is not of the essence for performance. The Company shall not be liable for any delay in performance or failure to perform which is due to Force Majeure Event or to any other events beyond the control of the Company which renders performance substantially more difficult or impossible. In the event of such delay the Company shall be entitled to cancel the booking entirely or partially in so far as it has not been performed without incurring any liability for non-performance.6.2 In the event of default in payment by the Buyer of the whole or any part of any payment due to the Company for Services or otherwise, the Company shall not be obliged to provide any further service until all outstanding payment have been made.
6.3 The Company shall not be liable for any indirect or consequential financial loss resulting from delay in performance or for any other loss or damage (except for death or personal injury) in excess of the value of Services whose supply is delayed.
6.4 The Company shall not be liable for any loss of any kind to the Buyer arising from any late or non performance, nor shall the liability of the Buyer to the Supplier be diminished or extinguished by reason of such loss. For the avoidance of doubt the Company shall accept no loss of any kind arising from missed travel connections, business appointments or missed schedules of any kind.
7. Delay and Waiting
7.1 If for any reason the Buyer or the Buyer’s customer (as the case may be) cancels the service without giving 6 hours notice or requests that the Company’s representative stop, wait or break the journey for any reason, then the Buyer will be responsible for the costs incurred in so doing. This provision is without prejudice to any other right which the Company may have in respect of the Buyer’s or the Buyer’s customer’s failure to accept the services or pay for them in accordance with the Contract.
8. CANCELLATION OF TRANSFER
8.1. The User may unilaterally cancel a Transfer booked, by sending an e-mail to the Service support email hello@airporttaxibelfast.com or a message to the Service support chat. Such Transfer may be cancelled in respect of one of the directions, if the Transfer between the User and the Carrier was agreed as a round trip route (“there and back”), with the observance of the rules and deadlines for Transfer cancellation established hereunder. The Transfers booked may be cancelled by Users not later than 6 hours before the agreed pick-up time. A change of the essential Transfer conditions (such as the pick-up time, the Transfer route, the number of passengers, vehicle class, etc.) by the User shall be considered as the cancellation of the Transfer initiated by the User, and the Carrier has the right to refuse to perform the Transfer in accordance with the changed conditions. Refund for the Transfer, the essential terms of which have been changed by the User, is carried out in accordance
with clause 8.2. Any change by the User of the essential Transfer conditions (such as the pick-up time, the Transfer route, the number of passengers, vehicle class, etc.) equates to the cancellation of the Transfer initiated by the User, and the Carrier has the right to refuse to perform the Transfer in accordance with the changed conditions. Refund of the Transfer, the essential terms of which have been changed by the User, is carried out in accordance with clause 8.2. If the Carrier refuses to provide the Transfer, the User has the right to accept the offer of another Carrier or cancel the Transfer.
8.2. The funds transferred by the User to the account of the Company as a payment for the Transfer Price shall be refunded in full on the condition that 6 hours notice has been received as stated in clause 8.1. No refund will be issued if the cancellation is made less than 6 hours prior to scheduled transfer or the passenger fails to turn up at the selected collection point after driver attempting to make contact and waiting a minimum of 30 minutes. No payment return (full or prepayment) is allowed in case the User or another passenger on whose behalf the User placed an order does not show up at an agreed place of the Transfer at the pick-up time nor within 60 minutes from the pick-up time agreed at the airports, sea or river passenger port terminals, 30 minutes – at the railway stations, 30 minutes – at all other places from the pick-up time agreed, and 30 minutes – regardless of the agreed pick-up place if the Request for such Transfer was placed in the Service by the User no more than 30 minutes before the agreed pick-up time, as well as in case the User brought forward for the Transfer Special Cargo which transportation was not agreed or any cargo forbidden to be carried. Cancellations made less than 6 hours before passenger pick up, may in some circumstances be offered a credit note for future transfers, however this is at the sole discretion of the company, dependant on circumstances.
9. Electronic Communications
9.1 The Company may wish to send messages and/or documents to the User by electronic mail (“e-mail”). Unless the User notifies the Company otherwise, the Company will treat the Users acceptance of these terms as including the Users consent to use email and the procedures set out below. 9.2 Where messages are sent by e-mail the User and the Company will: 9.2.1 where matters are urgent supplement the e-mail with a telephone call to confirm appropriate action is being taken; 9.2.2 where the e-mail is confidential, indicate clearly if a non e-mail response is required; and 9.2.3 carry out procedures to protect the integrity of data and, in particular, it is the recipient’s responsibility to carry out a virus check on any attachments before launching any documents whether received on disk or otherwise. 9.3 All risks connected with sending commercially sensitive information relating to the User’s business are borne by the User and are not the Company’s responsibility. If the User does not accept this risk the Company should be notified in writing that e-mail is not acceptable.
10. Assignment and sub-contracting
10.1 The Company shall be entitled to subcontract any work relating to the Contract without obtaining the consent of, or giving notice to, the User.
11. Notices
11.1 Any notice under or in connection with these Terms shall be in writing in the English language and shall be delivered personally or sent by first class post pre-paid recorded delivery (and air mail if overseas) or by e-mail, to the party due to receive the notice or communication at its address. 11.2 In the absence of evidence of earlier receipt any notice shall be deemed to have been duly given: 11,2.1 if delivered personally when left at the address provided by the parties; 11.2.2 if sent by mail other than air mail, (two] days after posting it; 11.2.3 if sent by air mail, [six] day after posting it; and 10.2.4 if sent by e-mail, on completion of its transmission. 11.3 In proving service (without prejudice to any other means): 11.3.1 by post it shall only be necessary to prove the notice or document was contained in an envelope properly stamped and posted as provided in this clause; 11.3.2 by e-mail that the notice or document was duly received by production of a copy e-mail bearing the addressee’s e-mail address and automatic record of correct transmission.
12. Buyer Warranty and Indemnity
12.1 The User agrees upon demand to indemnify the Company against all losses, damages, injury, costs and expenses of whatever nature suffered by the Company to the extent that the same are caused by or related to: 12.1.1 damage to the vehicle, whether internal or external caused wholly or partly by the Buyer or its representatives, companionsetc howsoever arising; or 12.1 .2 injury or loss to the Company’s representatives caused wholly or partly by the User or its representatives, companions etc howsoever arising.
13. Non-standard Orders
13.1 Where the User requests a service of a type, size or quality not normally provided by the Company, the Company will use all reasonable endeavours to execute the order, but if it provides impossible, impracticable or uneconomical to carry out or complete the order, the Company reserves the right to cancel the contract or the uncompleted balance of it, in which event the User will only be liable to pay for the part of is actually delivered or performed.
14. Invalidity
14.1 The invalidity illegality or unenforceability of any provision of these conditions will not affect the other conditions.
15. Jurisdiction; Applicable Law; Severability
15.1 These Terms or any Contract shall be governed by, and shall be construed in accordance with, the laws of Northern Ireland. 14.2 Each party irrevocably agrees for the benefit of the Company that the Courts of Northern Ireland shall have exclusive jurisdiction to hear and determine any suit action or proceedings, and to settle any disputes which may arise out of or in connection with these Terms or any Contract and for such purposes, irrevocably submits to the jurisdiction of the courts of Northern Ireland in determining matters hereunder 14.3 The submission to the jurisdiction of the courts of Northern Ireland shall not (and shall not be construed so as to) limit the right of the Company to take Proceedings against the User in any other court of competent jurisdiction, nor shall the taking of Proceedings by the Company in any one or more jurisdictions preclude the Company taking Proceedings in any other jurisdiction (whether concurrently or not) if and to the extent permitted by applicable law. 14.4 In the event that any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable the parties shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or by mutual agreement of the parties, it may be severed from these Terms and the remaining provisions of these Terms shall remain in full force and effect.
16. Variation
16.1 The Company shall not be bound by any variation, waiver of or addition to these conditions except as agreed by both parties.
17. EXCLUSION OF REPRESENTATIONS AND WARRANTIES BY THE COMPANY
17.1. The User hereby accepts that, to the fullest extent permitted by law:(A) no warranty is given in respect of the Service or any information provided to the User; and(B) the Company expressly disclaims all warranties and conditions of any kind, whether express or implied, including:(i) any implied warranties of merchantability, fitness for a particular purpose or non-infringement;(ii) any warranties as to the timeliness, reliability, suitability, sequence, accuracy, adequacy, consistency or completeness of any information provided to the User at any time or from time to time;(iii) any warranties that the access to the Service provided hereunder will be uninterrupted, timely or free from error.
18. LIMITATIONS OF THE COMPANY’S LIABILITY
18.1. To the fullest extent permitted by law, the Company expressly disclaims all liability for any loss whatsoever, and howsoever caused, incurred or suffered by you or anyone else, and including any loss arising from or in connection with:(A) any inaccuracy, incompleteness or delay in any information provided to the User;(B) any transaction failure which may occur when the User seeks to make payment;(C) any malfunction, instability, or another breakdown of any software used by the Company for the provision of the Service;(D) any disclosure, loss, theft, destruction or inaccessibility of the User’s account, password or other data (including the User’s or any other person’s failure to keep these secure, safe and confidential);(E) termination of this Agreement at any time and for any reason;(F) any failure of the Service to be used in any specific way or to meet any specific purpose or requirements;(G) any war, riots, restraints imposed by any governmental or semi-governmental or regulatory authority, industrial or trade disputes, fires, explosions, epidemics, storms, typhoons, floods, lightning, earthquakes and other natural calamities.
18.2. The Company shall have no liability, however arising, for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage arising out of or in connection with the provision of the Service hereunder, or otherwise related to its subject matter, regardless of the negligence (either active, affirmative, sole, or concurrent) of the Company, even if the Company has been advised of the possibility of such damages.
18.3. The Company shall not be liable for any damages, liability or losses arising out of:(A) the User’s use of or reliance on the Service or the User’s inability to access or use the Service; or(B) any transaction or relationship between the User and any Carrier, even if the Company has been advised of the possibility of such damages. The Company shall not be liable for delay or failure in performance resulting from causes beyond the Company’s reasonable control. The User acknowledges that some Carriers may offer ridesharing (multi-passenger vehicle sharing) or peer-to-peer transportation Service andmay not be professionally licensed or permitted.
18.4. The Company’s aggregate liability to the User for any claims for damages (whether under contract, tort, warranty, or other law) resulting from, arising out of, or in connection with this Agreement, or otherwise related to its subject matter, will under no circumstances exceed the Transfer Price paid by the User to the Company in connection with the relevant Transfer.
19. INDEMNITIES
19.1. The User indemnifies the Company against, and agrees to reimburse and compensate the Company for, any liability or loss arising from (and any costs incurred in connection therewith):(A) any breach of this Agreement;(B) the Company exercising, enforcing or preserving its rights, powers or remedies (or considering doing so) with respect to the User in connection with this Agreement;(C) infringement of any Company’s or third parties’ intellectual property rights or other laws in connection with the User’s use of the Service and the Site and its contents.
19.2. It is not necessary for expense to be incurred before the indemnity in this clause operates.
20. NO RELATIONSHIP
This Agreement does not create any kind of partnership, joint venture, advisor, fiduciary, agency or trustee relationship or any similar relationship between the User and the Company or any other person or entity.