“Channel/s” shall mean the following proprietary media employed to conduct the day to day business of the company; "Hire App" means the software application and related services provided by Advance Cars to you pursuant to terms and conditions set forth in its terms and conditions. "Website/s" shall mean heathrow-airport-transfers.net, advancecars.org. “Telephone” shall mean both land based and mobile device/s to conduct the transfer of data. “E-mail” shall mean the established online electronic transfer of messages used by Advance Cars to conduct its day to day business.
"Booking Service/s" means the services set forth, which shall be provided to you by Advance Cars.
“Service/s” Shall mean the assistance of the transportation of person/s, belongings material/s or otherwise qualifying item/s, goods as per the discretion of the service provider in accordance with current movement of goods legislation of England and Wales.
”Customer”, “Client”, “user”, “you” and “your” shall mean any individual, in a capacity as personal or otherwise, accessing, interacting and using the company’s “channel/s” to make a request to use a service/s or to assist in fulfilling the service/s as offered by the company via the channel/s.
“The Company” Shall mean Advance Cars Cedar House Eastheath Avenue Wokingham RG41 2PR
“Operator” Shall mean any service provider as defined by these terms and conditions who duly hold the necessary licence to operate as a service provider as per the terms and conditions of the services offered by the company.
Shall mean one or both of the following;
(1)self-employed this term shall mean any individual registered with Her Majesty’s Revenues And Customs as a self-employed individual and licensed by a local authority as a private hire driver, hackney carriage driver, dual driver or Private Hire School and Community Services Driver or same like interoperation by a licensing authority of the type of licensing titles mentioned beforehand in this paragraph, who uses the channel/s offered by the Company, to avail themselves together with an appropriately qualifying vehicle and offer their use to carry out services as per the company service offerings on a self-employed basis.
(2)Employed, shall mean any individual being licensed by a local authority as a private hire driver, hackney carriage driver, dual-driver or Private Hire School and Community Services Driver or same like interoperation by a licensing authority of the type of licensing titles mentioned beforehand in this paragraph who uses the channel/s offered by the Company to conduct the supply portion of the service offerings of the company and is directly employed by the company by way of an employment contract as per a defining contract.
"Booking Service/s” or “booking" means the service/s offered by the company, which shall be offered to you as per the said terms and conditions.
"PHV" means private hire vehicle. "HCV" means hackney carriage vehicle. “PHS&CSV” means Private Hire School and Community Services.
“Vehicle” shall mean a suitably fit for purpose vehicle licensed by a local licensing authority in accordance with that local authority’s licensing policy.
"Service provider” or “Transportation Provider" means a provider of transportation services, including any drivers licensed to carry out the services offered by the company.
“Dispatche/r” shall mean the means of allocation of bookings, automated or otherwise, that the company has received and accepted instruction. The Dispatcher has access to the driver/s to perform this action so as to fulfil the company’s obligation.
GENERAL CONDITIONS OF USE AND SALE
The present "general conditions of use and sale" are intended to provide a l framework for the procedures for making the company’s service offerings available and for applying them.
"Channel/s" and their use by the "Client" and by the "Driver". The general conditions of use and sale must be accepted by any user wishing to access the various media made available by the Company primarily the channel/s. They constitute the accepted understanding between the Company and the user.
Access to channel/s by the user means the users acceptance of these terms and conditions of use and sale. In case of non-acceptance of the general conditions of use and sale stipulated in these terms and conditions, the user must renounce access to the services offered by the Company.
The Company reserves the right to modify unilaterally and at any time the content of these general conditions of use and sale. The Company proposes "Client" and "driver" that it will designate, its services of putting in relations with drivers ("driver") with a view to transporting them to the destination communicated (hereinafter the "Service").
ARTICLE 2: Legal notice – The channels are the property of Advance Cars Cedar House Eastheath Avenue Wokingham RG41 2PR
ARTICLE 3:: Access to service/s channel/s is free of charge anywhere, at any time, to the "Customer"
and the "Driver" with Internet access.
All costs incurred by the “driver(1)”to access the service (hardware, software, Internet connection, etc.) are their responsibility.
All costs incurred by the “driver(2)”to access the service (hardware, software, Internet connection, etc.) are the company’s responsibility.
The Channel/s of service offerings are accessed by the user by registering as per the channel/s requirement which are requested as per the process of registration.
The unregistered user does not have access to the services reserved for "Customers" and "Drivers".
The Company implements all the means at its disposal to ensure quality access to its services. Any event due to a case of force-majeure (unforeseeable circumstances that prevent the company from fulfilling its contract) resulting in a malfunction of the network, the server or the channel/s of service does not engage the responsibility of the Company. Access to the services via the channel/s may at any time be interrupted completely or partially, suspended, modified without notice for maintenance or for any other requirement. The "Customer" or the "Driver" undertakes not to claim any compensation following the interruption, suspension or modification of this contract.
The Company undertakes to restore services and access to them as soon as technically feasible. In this situation, the "Customer" and the "driver" will be informed punctually about the progress and the estimated timeframes for the restoration of the services.
ARTICLE 4: Intellectual Property
Brands, logos, signs, photos, images, and other site content and applications are protected by the Intellectual Property Code and more particularly by copyright. The "Customer" and the "driver" must request the prior authorization of the Company for any reproduction, publication, copy or dissemination of the different contents. The "Customer" and the "Driver", undertake to use the content of the channel/s strictly limited to inline with the business of the company. Use of the content for unauthorized commercial purposes is strictly prohibited. Any content posted by the "Customer", the "driver" is their sole responsibility. The "Client" and the "Driver" undertake not to put on line content that may be harmful to interests of the Company or third parties in any or form. Any legal action taken by an aggrieved third party against the channel/s will be borne by the "Customer" or the "driver", who engaged in actions to bring about the circumstance. The content published by the "Customer" or the "Driver", may be at any time and for any reason deleted or modified, and without these receiving any justification and notification prior to the deletion or modification of this published content.
ARTICLE 5: Personal Data
The information requested when registering for the site or application, is necessary and mandatory for the creation of the account "Customer" or "driver".
ARTICLE 6: Liability and force-majeure
The sources of information disseminated on the channels are deemed reliable. However, the "Customer" and the "Driver" alone assume full responsibility for information and content they publish. The "Customer" and the "Driver" make sure to keep their username and password secure. Any disclosure of identifier and password, regardless of its form, is prohibited. The "Customer" and the "Driver" assume the risks associated with the use of their username and password. The Company declines all responsibility. Any use of the service by the "Customer" or the "Driver" directly or indirectly resulting in detriment to the company the responsible party will be held responsible and will be made liable as to compensate the Company as a result of such actions. An optimal undertaking of the security and confidentiality of the transmitted data is ensured by the Company. The company undertakes to implement all necessary means to ensure the adequate security and confidentiality of data. The responsibility of the Company is limited to the relationship of the "Customer" or "driver". The Company's responsibility cannot be held liable in case of force-majeure or the fact of unpredictable and insurmountable actions by a third party. The Company informs the "Client" and the "Driver" that it may occasionally, in certain cases, resort to partner networks to ensure its service delivery.
ARTICLE 7-1: reservation in advance
The Company undertakes to make every effort to find a driver available to respond to reservations in advance. If, however, the Company fails to satisfy the request, it undertakes to inform the "Client" or the "Driver", at least 20 minutes before the appointment time of the care, of its incapacity of material to satisfy the request. It is then up to the user to make alternative plan/s or to renew their request for alternatives available via the service channel/s.
The "Customer" or the "driver" is notified directly via the service channels/s of the unavailability of a means to fulfil its obligation/. The system of allocating the "drivers” being automatic, the Company cannot be held responsible if the "Customer" or the "driver" is not connected to the service channel/s to be notified of the unavailability of service/s.
ARTICLE 7-2: Immediate request
The Company undertakes to make every effort to find a driver available to meet the immediate demand. The "Customer" or “Driver" is immediately notified if a "Driver" matching the criteria of the immediate request, is available or not (about 5 minutes delay). In case of no availability, the "Customer" or the "driver" can renew their request a few minutes later in case a driver is released. If "Drivers" are available, the application will indicate for each of them the approximate time it will take for it to arrive at the position of "Customer".
ARTICLE: 7-3 Liability and obligations of "Customer"
The "client" agrees to:
- provide accurate information regarding their identity, Email, mobile number, addresses for the places of departure and arrival,
- indicate the desired option (s) for transport,
- the type of vehicle desired,
- the means of payment envisaged,
- indicate the precise date and time for the desired service,
- be connected to the service channel/s at least two hours before the scheduled appointment time, for requests made in advance,
- keep your phone connected to the application after the immediate request,
- keep your phone connected to the service channel/s for the duration of the journey (both for the immediate request and for the request in advance)
The "client" is liable to the "Driver" for any damage/s caused to the service provision mechanism/s during the journey. The user is liable for compensation befitting the damage and its repercussions.
ARTICLE: 7-4: Liability and obligations of "driver"
The "driver" is committed to all requests for transport that it broadcasts, to:
- provide accurate information regarding his identity, Email, mobile number,
- communicate the address for the places of departure and arrival of the client,
- indicate the desired option (s) for the transport of the client,
- specify the type of vehicle desired by the client,
- indicate the means of payment envisaged for the client,
- the driver must specify the precise date and time for which the client requires a service/s,
- he must communicate to the client the necessary information so the client can verify the allocated vehicle. For this the driver sends the client in advance, the reservation number, the registration of a taxi vehicle as well as the driver's telephone number,
- reply to the "Driver" when contacting him,
- also communicate the telephone number of his client to the "Driver" who performs the transport,
ARTICLE 7-5: Cancellation
The "Customer" or "driver" may cancel a reservation in advance via the service channel/s only as long as a "Driver" is not assigned to the journey.
If the "Customer" wishes to cancel a booking while a “Driver" is already assigned to it, and the latter is on the way to go to point of care, the "Customer" must immediately contact the "Driver" by telephone to inform him of the cancellation and to discuss next possible course of action.
The "Driver" can ask if he wishes to be compensated for the time lost and the distance travelled.
Any cancellation not communicated by the "Customer" will make the customer liable to the estimated amount of the journey.
In addition, in this case, depending on the severity of the situation, the "Customer" account may be temporarily suspended or Permanently closed.
ARTICLE 8: Evolution of the contract
The Company reserves the right at any time to modify the clauses stipulated in this contract.
ARTICLE 9: Duration
The duration of this contract is indefinite. The contract has effect with regard to the "Customer" from the first use of the service.
ARTICLE 10: Publication
The site and the application allow the "Customer" to publish service requests and comments to evaluate the quality of the journeys performed. In their publications, the latter undertake to respect the rules of the Netiquette and the rules of law in force. The Company will exercise a moderation on evaluations and reserves the right to refuse to put them online, without having to justify them to "Customer" or "Driver".
ARTICLE 11: Applicable Law and Jurisdiction
English law applies to this contract.
Terms and Conditions Part 1 – Booking Service Terms 1. DEFINITIONS.
All Trademarks acknowledged as the property of their respective owners.
The Law of England And Wales Apply To These Terms And Conditions
Version April 2018