If You wish to book a PRIVATE HIRE VEHICLE (MINICAB) via this
website, www.cabware.co.uk, You must agree to the terms below as the exclusive basis
which governs such order and must tick the "I agree to Cabware London's
Terms & Conditions" box on the main passenger's contact information page.
If You do not agree to any of the terms, do not book a PRIVATE HIRE VEHICLE
via this website. If you are order on behalf of someone else, by clicking
"I agree to Cabware London's Terms & Conditions", You are representing
that You have their authority to accept these terms and conditions on their
behalf.
DEFINITIONS
In these Terms and Conditions the following expressions
shall have
the following meanings save where the context otherwise requires:
"Agreed Pick-Up Point"
the appointed place for You to be picked up by PHO
as set
out in the Details.
"Agreed Time"
the appointed date and time for You to be picked up
by PHO
as set out in the Details.
"order"
the order of a Minicab effected via this Website
for undertaking
Trips. orders can be made for single Trips, return Trips
or split Trips.
"PHO"
the Private Hire Operator company with whom You
place the
order.
"PHO T&C"
the terms and conditions of the PHO which in
addition to
these Terms govern the order and (Trip).
"Card"
the credit, debit or charge card, or PayPal account
You use
when making the order.
"Cash"
the payment You make for the Fare to the PHO and/or
its Driver.
"Cabware London"
Cabware London Limited of 80-83, Long Lane, London
EC1A
9ET.
"Card Costs"
are the charges due to the credit card companies or
PayPal
used by You to pay for the Trip
"Details"
the details which You must provide upon making a
order
including pick-up date and time, pick-up and drop-off addresses
and Your Personal Data.
"Fare"
the fee paid by You for the Quote You accept.
"Goods"
any goods carried in a Minicab which are booked via
this
Website.
"Trip"
the journey You wish to make from the pick-up
Drop Off
the drop-off address provided by You.
"Licensing Authority"
any regional or national licensing authority
responsible
for licensing the operation of taxi or Minicab companies.
"Particular Requirements"
any specific requirements You may have relating to
disabled
facilities, the gender of the driver or otherwise.
"Passenger"
any passenger carried in a Minicab which is booked
via this
Website.
"Personal Data"
the details which You provide regarding Your
physical and
email addresses, telephone number and Card details.
"Quote"
a fixed price quote that You receive via the
Website for
the Trip.
"Terms"
these terms and conditions between Cabware London
and You.
"Website"
Cabware London's public website and mobile site
located
at www.cabware.co.uk, and Cabware London's social
media, smartphone and tablet apps.
"You"
means the person who enters Details.
"Minicab"
is a Private Hire Vehicle made available for
pre-booked Trips,
in compliance with the requirements of relevant Licensing
Authorities.
The clause headings and any other headings are inserted for convenience
only and shall not affect the construction of these Terms.
USE OF WEBSITE
In making a order via this Website You must provide accurate Details
and are responsible for any failure to do so.
Cabware London acts as a disclosed order agent for PHO, and is not
an Operator itself. Notwithstanding the provisions of clause 3.6,
the contract for the provision of the transport service is directly
between You and PHO. Where in the order You have selected more
that one PHO to provide Your Trips, then the contract for the provison
of the transport service relating to each Trip is directly between
You and the PHO You have selected for that Trip in the order.
You hereby warrant to Cabware London that You are at least eighteen
years of age and legally able to make the order.
Cabware London does not guarantee that it will be able to fulfill Your
requirements and reserves the rights to refuse any orders which
You wish to make and to cancel any orders You have made, and in
such case to refund to You, in full and final settlement of any claims
you might have, the Fee paid by You.
Your Details and data relating to Your use of the Website will be recorded
by Cabware London but Your Personal Data shall not, subject to the
provisions of the Cabware London Privacy Policy presented below
and Clause 3.6 below, be disclosed to third parties other than the
PHO or used for any purpose unrelated to the provision of the services
pursuant hereto.
Cabware London may send a small file to Your computer when You visit
the Website. This "cookie" will enable Cabware London to track Your
behaviour on the Website and to identify particular areas of interest
so as to enhance Your future visits to the Website. The cookie will
not enable Cabware London to identify You and Cabware London shall
not use it otherwise than in relation to this Website. You can set
Your computer browser to reject cookies but this may preclude use
of certain parts of this Website. Cabware London may disclose Your
Personal Data if compelled to do so by law, or at the request of
a law enforcement agency or governmental authority.
If You do not want Cabware London to use Your email Drop Off send
information concerning matters other than those related to Your order,
You should send a message to [email protected] and insert
"unsubscribe" as the subject heading.
orderS
When You enter the details of the Trip, Cabware London will endeavour
to provide You via the Website with Quotes from one or more Private
Hire Operators that are able to fulfil Your requirement. The Quotes
are the current special "one off" offers available from Private Hire
Operators, which are only available at the time of making Your order.
It is Your responsibility to ensure that Your Details are correct. When
You make a order, this constitutes an offer which Cabware London
may or may not accept. Your order is not confirmed until you see
the confirmation screen on the Website.
Any order You make may also be subject to PHO Terms & Conditions,
although where there is any conflict between the PHO Terms &
Conditions and the provisions of this agreement, the provisions contained
in this agreement override those in the PHO Terms & Conditions.
If PHO wishes to impose PHO Terms & Conditions on You, it shall be
responsible for achieving this.
Cabware London cannot confirm the ability of the PHO to accommodate
any Particular Requirements and in the event that You have such Particular
Requirements You should not use this Website but instead make alternative
travel arrangements that address your Particular Requirements.
Cabware London reserves the right to correct typographical errors in
any elements of the information that appears on the Website including
pricing mistakes. If, once You are informed of such error, You wish
to withdraw Your offer and do not wish to proceed with the purchase,
You shall be free to do so and any monies already paid by You will
be refunded in full.
You acknowledge and accept that Cabware London is acting as the agent
of the PHO and that whilst Cabware London will try to assist with
any complaints You may have in respect of the PHO's services, any
legal remedy You seek will be sought against the PHO not Cabware
London.
For orders that are to be pre-paid by Card, Cabware London is entitled
to collect all monies due for the booked Trip from You acting entirely
in its own right, and settle all Card Costs of the booked Trip, in
advance of making the payment due to the PHO for the booked Trip
as PHO order agent.
You agree that in the fulfillment of the order, where PHO feels it
is appropriate, PHO gives Cabware London the right to novate the
contract for the provision of transport services between You and
PHO to another suitable party, to ensure the fulfillment of the order
as effected via this Website.
PAYMENT
If order with the "Pay by Card" option, You agree to pay the Fare at
the time You make Your order. If order with the "Pay by Cash"
option, You agree to pay the Fare to the PHO's Driver.
Once You have confirmed Your order on the payment screen, it cannot
be cancelled or changed except in accordance with clause 7 of these
Terms.
If paying by Card, in the event that Your Card payment is refused by
Your Card issuer for whatever reason, Cabware London will not be
able to fulfill Your order.
Cabware London will provide You with a receipt for Payment by email
to the email address you registered with the order. This
will include a link to retrieve a VAT receipt for Cabware London's
fees. You will need to contact the PHO directly for a VAT receipt
relating to their fees.
Payment will not cover any extra requirements you request, such as child
seats. If you do not indicate any additional luggage when order,
resulting in a larger size vehicle being required, then the PHO may
charge you extra, which you must pay them directly for. If You wish
to give a tip to the MiniCab driver, You should do so directly at
your own discretion.
In the event that You make any deviations from the route that You entered
into the Website, You may be subject to additional charges by PHO
in respect thereof and will make such payment directly to PHO.
For the avoidance of doubt, all Quotes provided by Cabware London are
inclusive of VAT, where applicable, at the standard rate.
Only one promotional offer or prize can be applied to a order, and
only one entry per customer (as defined by their mobile number and/or
email address) will be considered in any competition run by Cabware
London. Where 2 or more promotional offers are requested to be applied
to a order, Cabware London at its discretion will apply the higher
valued offer.
INSURANCE
Neither Cabware London nor PHO 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 a Trip and it is Your exclusive responsibility to
have such Goods insured in respect of such damage or loss.
CANCELLATION OF orderS AND REFUNDS
You have the right to cancel a order made through the Website.
If You decide to cancel a order You must notify Cabware London by
submitting a cancellation request via the form on the Contact Us
page, quoting the order reference, as per the guidance provided
on the Website.
In the event of the cancellation of a order, for all vehicles
carrying 8 or less passengers, in accordance with Clause
7.1 above, up to 25 minutes (unless otherwise specified on
the confirmation page and your order confirmation email)
before the Agreed time, then if paying by Card, You will
be entitled to a full refund of the Fare (excluding any Card
Costs). Where the cancellation is less than 25 minutes, for
all vehicles carrying 8 or less passengers (unless otherwise
specified on the confirmation page and your order confirmation
email) before the agreed time, if you paid by Card then no
refund will be due to You, and if you were to pay by Cash,
then your profile will be marked which may prevent you from
order through Cabware London again.
In the event of the cancellation of a order, for all vehicles
carrying 9 or more passengers, in accordance with Clause
7.1 above, up to one week (unless otherwise specified on
the confirmation page and your order confirmation email)
before the Agreed time, then if paying by Card, You will
be entitled to a full refund of the Fare (excluding any Card
Costs). Where the cancellation is less than one week, for
all vehicles carrying 9 or more passengers (unless otherwise
specified on the confirmation page and your order confirmation
email) before the agreed time, if you paid by Card then no
refund will be due to You.
In the event that PHO does not turn up at the Agreed Pick-Up Point within
15 minutes of the Agreed Time - or within 30 minutes if the pick-up
point is an airport - and You do not use PHO for the Trip, You will
be entitled to a full refund of the Fare, along with any Card Costs,
if you paid them in advance by Card, as full and 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 PHO turns up after 15 minutes from the Agreed time, then you
will not be entitled to any such refund.
In the event that You are not available at the Agreed Pick-Up Point within
15 minutes of the Agreed Time, it will be at PHO's discretion to
treat Your non-availability as a cancellation, and You will not be
entitled to any refund of the Fare , and any Card Costs that you
may have paid in advance. Where the PHO decides to wait more than
15 minutes from the Agreed Time, then You may be subject to additional
charges by PHO in respect of any additional waiting time and/or parking
charges and will make such payment directly to PHO.
For pre-paid orders, any refunds due to you to for cancellations or
complaints will be made to the card used to make the payment within
upto 7 business days (business days being Monday to Friday).
WARRANTY AND LIMITATION OF LIABILITY
PHO has warranted to Cabware London that it is licensed by the appropriate
Licensing Authority(ies) but Cabware London shall not be responsible
for verification of such warranty and if You are in any doubt, You
should contact the Private Hire Operator and rely on Your own verification.
Cabware London shall not be liable for any delays in pick-up or drop-off
times or for any failure of PHO to arrive at all or for any failure
of PHO to provide its services in accordance with Your requirements
or expectations.
Cabware London 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, suffered by You in connection with
any failure by PHO or otherwise in connection with these Terms or
otherwise and if You consider that You have any claim in respect
of any failure by PHO You agree to make such claim directly against
PHO.
Cabware London's 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.
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.
Nothing in this clause shall operate so as to exclude any rights You
may have under consumer legislation or limit PHO's liability for
death or personal injury arising out of its negligence.
Any estimated trip times and times of arrival presented by Cabware London
on its Public website or otherwise, are only to be taken as indicative,
and are not subject to traffic and/or 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.
Cabware London may keep You informed of the status of your order by
sending You email, and SMS text alerts, although Cabware London
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.
Each foregoing sub-clause of this clause shall constitute a separate
and severable provision. The provisions of this clause shall continue
in effect notwithstanding the termination, completion or any other
matter which might otherwise cause these Terms to become ineffective.
BEHAVIOUR
PHO reserves the right within its reasonable discretion to terminate
the Trip, if You or Your party's conduct or behaviour is disruptive
in any way and/or affects your safety or that of the driver of the
vehicle. Neither Cabware London nor PHO accept liability for any
extra costs incurred by you/or your party as a result of the PHO
doing so.
Passengers are not permitted to take alcoholic drinks onto the vehicles
for the purpose of consuming them during the Trip.
PHO further reserves the right to refuse carriage to any person who is
thought to be under the influence of alcohol or drugs.
LIMITATIONS AND EXCLUSIONS
PHO shall not undertake the carriage or delivery of:
money or securities, antiques, precious metals, furs, or jewellery
or 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.
PHO shall have no liability whatsoever for loss or damage, however arising
in relation to the clause 10.1 of this agreement.
Without prejudice to the provisions of clause 10.1 PHO
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 what so ever
whether arising from the acts, omissions or negligence of
PHO and/or its employees and/or agents or arising otherwise
howsoever.
Without prejudice to the generality of clause 10.1 in
particular
PHO 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 PHO (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).
the provision of clauses 10.1 and 11.1 apply to liability for loss or
damage to goods or property and do not apply to liability for death
or personal injury.
DISPUTES
If You have any complaint in respect of the service provided by PHO,
You agree to first contact PHO directly (by phone or email) to resolve
this with them within 24 hours of the Agreed Time.
If you are subsequently unable to resolve your complaint with PHO, you
agree to notify Cabware London thereof via the form on the Contact
Us page or by email to [email protected] within 72 hours
of the Agreed Time. In the event that You fail to do so, any claim
You might otherwise have shall be invalidated.
If Cabware London is then unable to resolve any claim You may have in
respect of the service provided by PHO to the mutual satisfaction
of You and PHO, Cabware London shall be entitled to submit such
claim to the determination of an independent third party selected
by Cabware London and You agree to be bound by the decision of such
third party.
Should You have a dispute with the PHO, Cabware London is not liable
for any claims, demands and damages (actual and consequential) of
any kind and nature arising out of or in any way connected with such
disputes.
PRIVACY POLICY
Cabware London will maintain the confidentiality of Personal Data collected
as part of making a order. This data will not be shared with third
parties without Your consent. Cabware London may amend this Privacy
Policy, and will make such changes public via the Website.
orders made by Third Party Customers
Cabware London app Offer for Barclays customers A "Barclays customer"
includes any person with a valid Barclays debit card or Barclaycard
credit card. In order to qualify for the discount on their cab fare
on journeys over 20 to or from The O2, customers must use their
Barclays debit card or Barclaycard credit card to make the payment.
Barclays does not accept any liability for actions arising from the
use of Cabware London. Barclays does not endorse any of the products
or services available via Cabware London, and does not accept liability
for any purchases or orders made. Customers paying for their cab
fare via Barclays Pingit are not eligible for the discount. The discount
is to be applied after customers have entered payment details using
their Barclays debit or credit card. Valid from 15.11.15 until 22.11.15.
Cabware London Pingit app Offer.
In order to qualify for the discount on their cab fare on
pre-paid
journeys, customers must successfully complete their payment with
Pingit and the order with Cabware London via its app. Barclays
does not accept any liability for actions arising from the use of
Cabware London. Barclays does not endorse any of the products or
services available via Cabware London, and does not accept liability
for any purchases or orders made. Only customers paying for their
cab fare via Pingit are eligible for the discount. The discount is
to be applied after customers have completed payment details using
their Pingit account. Valid until 25 March 2016.
Miscellaneous
These Terms shall form the entire agreement between the parties and supersede
any previous agreement and (save so far as expressly preserved hereby)
representations oral or otherwise made by either of the parties.
You warrant that You have not relied on any representation made by
Cabware London in entering into this agreement.
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.
All notices to Cabware London shall be given by You in writing to [email protected]
All notices to You shall be given in writing to the email address You
have provided as part of the Details. All notices may be served by
email and shall be deemed to have been given 1 hour after transmission
thereof.
These Terms and Your agreement with Cabware London shall be governed
and construed in accordance with English Law. You irrevocably agree
for the exclusive benefit of Cabware London to submit any dispute
hereunder to the jurisdiction of the courts of England but nothing
herein shall prevent Cabware London from taking proceedings against
You in any other court of competent jurisdiction.