4. CANCELLATIONS OF BOOKINGS, FLIGHT DELAY AND REFUNDS.
4.1. Cancellations must be made by you using our website contact us page or email. You will be entitled to a refund, depending on when you cancel your Booking, as follows: (i) If you cancel your booking more than 24 hours prior to the agreed pickup time, you will be entitled to refund subject to 2.5% cancellation fees. (ii) If you cancel your booking within 24 hours of agreed pickup time, you will not be entitled to any refund for any reasons. (This includes flight cancellations)
4.2. There is no charge for flight delays caused by airline.
4.3. Customer who paid a deposit for cash booking, refund will be given minus the 2.5% cancellation fees.
4.4. In the event that the driver does not turn up at the Agreed Pick-Up Point within 15 minutes of the Agreed Time – or within 30 minutes of the Agreed Pick-up Point in an airport – and You do not wish to no longer use the driver for the trip, you will be entitled to a full refund of the Fare, along with any Card Costs or fees in full and a final settlement of any claim you might have in respect of such failure. However, should you at your own discretion, decide to continue with the trip where the driver turns up after 15 minutes from the Agreed time, then you will not be entitled to any such refund.
4.5. In the event that you do not wish to use the Services for any reason and do not cancel the Booking using the website contact us page or by emailing us, no refunds will be provided.
4.6. In the event that you wish to cancel a return leg of your journey, you will be entitled to the full refund.
4.7. For pre-paid Bookings, any refunds due to you for cancellations will be made to the card used to make the payment within up to 7 business days (business days being Monday to Friday).
4.8. In the event of a Booking cancellation or no show by a driver, you must contact Elite Transfers Gloucestershire within 7 days to gain your refund.
4.9. In the event that you provide inaccurate details with an invalid or missing postcode, you will not be entitled any refund and may incur additional charges from driver in order to complete the trip.
4.10. If you missed a flight this information must be informed to us immediately by email or telephone, so that we will notify the driver not to enter the airport for the pick up. If the journey was pre paid, you will not be entitled to any refund. If you decide to take a later flight and want us to continue to supply a vehicle, then you must make a new booking with us at a full cost.
4.11. We provide 1 hour FREE waiting time from flight landing. After 1 hour, £15 for first 20 minutes, then £0.50 every minute of waiting.
5. PAYMENT
5.1. When booking with the ‘Pay by Card’ option, you agree to pay the fare at the time you are making your booking. Elite Transfers Gloucestershire is entitled to collect all monies due for the booked trip from you.
5.2. In the event that your card payment is refused by your card issuer for whatever reason, Elite Transfers Gloucestershire will not be able to fulfill Your Booking.
5.3. When booking with the ‘Pay by Cash’ option, and deposit payment been made, you agree to pay the remaining fare to the our driver.
5.4. Once you have confirmed your booking on the payment screen, it cannot be cancelled or changed except in accordance with clause 4 of these Terms.
5.5. If you are paying by card, and in the event that your card payment is refused by your card issue for whatever reason you will need to find other means of payment or Elite Transfers Gloucester can withdraw the booking.
5.6. Elite Transfers Gloucestershire will provide you with a receipt of your payment by email to the email address you provided.
5.7. Payment will not cover any extra requirements you request, such as child seats. If you do not indicate any additional luggage when booking, resulting in a larger size vehicle being required, then we may charge you extra, which you must pay the driver directly or make a card payments with us. If You wish to give a tip to the MiniCab driver, You should do so directly at your own discretion.
5.8. In the event that you make any deviations from the route that you entered into the wensite, You may be subject to additional charges by the driver in respect thereof and will make such payment directly to the driver.
5.9. Elite Transfers Gloucestershire offer no warranties on payments made direct to the driver with Cash.
6. INSURANCE
6.1. Neither Elite Transfers Gloucestershire nor the driver is responsible to you for, or insured in respect of, any damage or loss that may be sustained by the goods in the course of the trip, it is your exclusive responsibility to have such goods insured in respect of such damage or loss.
6.2. Bookings made directly with driver are illegal, In a event of accident you will not be insured. You should always pre book your journey with us via our website or telephone.
7. WARRANTY AND LIMITATION OF LIABILITY
7.1. You acknowledge and accept that Elite Transfers Gloucestershire is acting as the private hire operator/agent of the driver and that whilst Elite Transfers Gloucestershire will try to assist with any complaints you may have in respect of the drivers services, any legal remedy you seek will be sought against the driver not the company of Elite Transfers Gloucestershire.
7.2. The driver has warranted to Elite Transfers Gloucestershire that it is licensed by the appropriate Licensing Authority(ies) but Elite Transfers Gloucestershire shall not be responsible for verification of such warranty and if you are in any doubt, you should contact the Local Licensing Authority and rely on making your own verifications.
7.3. Elite Transfers Gloucestershire aggregate liability in respect of these terms and any matter arising out of it (including claims whether made in contract or tort) shall be limited to £500.
7.4. Subject as expressly provided in these terms all warranties, conditions or other terms implied by statute or common law are excluded as far as legally possible.
7.5. Nothing in this clause shall operate so as to exclude any rights you may have under consumer legislation or limit the drivers liability for death or personal injury arising out of its negligence.
7.6. Any estimated trip times and times of arrival presented by Elite Transfers Gloucestershire on its Public website or stated otherwise, are only to be taken as a guidance and are not subject to traffic, diversion or the weather conditions and final route taken by driver. Therefore, you agree that you are responsible for setting an appropriate agreed time that allows you sufficient time to reach your destination to subsequently check-in for a flight, take a train or fulfill any other dependencies you might have.
7.7. Elite Transfers Gloucestershire, may keep you informed of the status of your Booking by sending you an email, and SMS text alerts, although Elite Transfers Gloucestershire does not guarantee the delivery nor the timing of these email and SMS text alerts, and shall not in any event be liable (whether in contract or otherwise) for any indirect loss or consequential loss or loss of revenue, howsoever arising from the omission or delay of such email and SMS text alerts.
7.8. Each foregoing sub-clause of this clause shall constitute a separate and severable provision. The provisions of this clause shall continue in effect not with standing the termination, completion or any other matter which might otherwise cause these terms to become ineffective.
8. BEHAVIOUR
8.1. Elite Transfers Gloucestershire reserves the right within its reasonable discretion to terminate the trip, if you or any of your party conduct any bad behaviours which is disruptive in any way and/or affects your safety or that of the driver of the vehicle. Neither Elite Transfers Gloucestershire nor the driver accepts liability for any extra costs incurred by You/or Your party as a result of the driver doing so.
8.2. Passengers are not permitted to take alcoholic drinks onto the vehicles for the purpose of consuming them during the trip.
8.3. The driver further reserves the right to refuse carriage to any person who is thought to be under the influence of alcohol or drugs.
9. LIMITATIONS AND EXCLUSIONS
9.1. The driver shall not undertake the carriage or delivery of: • money or securities, antiques, precious metals, furs, or jewellery of value, any goods or property (of whatsoever nature) of an intrinsic value of more than £50. • any goods or property of a hazardous, dangerous, inflammable, explosive or noxious nature, or are illegal to possess under existing English Law, and/or • any goods or property (of whatsoever nature) which may deteriorate in transit.
9.2. The driver shall have no liability whatsoever for loss or damage, however arising in relation to the clause 9.1. of this agreement.
9.3. Without prejudice to the provisions of clause 9.1 the driver shall not in any event be liable directly or indirectly for: • consequential loss (whether for loss or profit or otherwise); and/or • loss, damage and/or breakage to any fragile items whatsoever whether arising from the acts, omissions or negligence of the driver.
9.4. Without prejudice to the generality of clauses 9.1 and 9.2 in particular the driver shall not be liable for any loss and/or damage arising directly or indirectly from: • breakdown, accident, adverse weather conditions • any act or omission on the part of the Customer. • any clause, act or circumstance beyond the control of the driver (including, without limitation, any strike, (official or not) lock-out or other form of industrial action or labour dispute, governmental regulations, legal restrictions, embargoes, fire, flood, Act of God, any consequence of riot, war, invasion, act of foreign enemy, hostilities (whether war be declared or not) civil war, acts of terrorism, rebellion, military or usurped power, confiscation, requisition or destruction of or damage to property by or upon the order of or in the name of any Government or public local authority, or other conditions amounting to force majeure).
9.5. The provision of clauses 9.1, 9.2, 9.3, 9.4 and 9.1 apply to liability for loss or damage to goods or property and do not apply to liability for death or personal injury.
10. PRIVACY POLICY
10.1. Elite Transfers Gloucestershire will maintain the confidentiality of Personal Data collected as part of making a Booking. This data will not be shared with any third parties without your consent. Elite Transfers Gloucestershire may amend this Privacy Policy, and will make such changes public via the website.
11. MISCELLANEOUS
11.1. Failure by either party at any time to enforce any right claim or provision of these terms or arising hereunder shall not be construed as a waiver of such right, claim or provision.
11.2. All notices to Elite Transfers Gloucestershire shall be given by you in writing to
[email protected] 11.3. All notices to you shall be given in writing to the email address you have provided. All notices may be served by email and shall be deemed to have been given 1 hour after transmission thereof.
11.4. European law applies to all transactions for which these Terms apply, with the exclusion of the provisions of international treaties, to the extent these do not contain imperative law.