Terms of Booking
In the following terms and conditions, ‘the Company’ refers to ‘Simply Chauffeur’ T/A OMC Chauffeurs Ltd.
1. Application – Our Standard Terms and Conditions apply equally for verbal or written contracts. The acts or omissions of the passengers are the hirers’ responsibility and therefore any additional costs incurred for the performance of the contract rest entirely with the hirer irrespective of whether the hirer travels with the party.
2. Quotations – All quotations are valid for 7 days (providing the date of travel is more than 14 days ahead) unless agreed in writing at time of booking and are given subject to ‘Simply Chauffeur’ having an appropriate vehicle available at the time the hirer accepts the quotation. The given quotation is for driver and vehicle only.
3. Payment – All monies must be paid in full prior to the commencement of the booking. In the case that a booking is made for a date of travel less than 30 days away the total value for the booking will be due in full. In the case that the date of travel is greater than 30 days from date of booking 50% will be required with the other 50% to be made payable within 30 days of date of travel. If any outstanding monies are due, the company reserves the right to collect the monies due from the original credit/debit card used by or for the hirer at any time. The hirer also agrees that no chargeback will be raised to any credit/debit card issuing company with regards to the booking payment. In the event that the deposit is not paid on time or balance is not paid by the due date the Company reserve the right to cancel the whole booking and any monies paid will be forfeited and the full balance will be due.
4. Surcharges – The quotation is given with regard to the operating costs at the time of the quotation. If more than 14 days elapse between the date of the quotation and its performance, the company reserve the right to pass on any increase in the cost of fuel or any other increased costs resulting from government action. All bookings made through credit/debit cards incur a 2% banking charge. The Company reserves the right to charge for damage to vehicles made by the hirer and/or the passengers. Monies will be collected from the hirer. The Company may charge a £150.00 refundable indemnity charge against sickness and damage deposit for night time hire.
5. Cancellation by Hirer – All cancellations must be made in writing. Cancellation refund is based on the following:
21 days or more notice – 75% of the total cost will be refunded
14 days or more notice – 50% of the total cost will be refunded
7 days or more notice – 25% of the total cost will be refunded
1 – 7 days notice before the booking, all monies will be forfeited to the company and the full value of the trip will be due.
Cancellation of an event or holiday or “reason for travel” does not affect the hirers liability and the monies will be due as if the vehicle was travelling.
6. Cancellation by the Company – In the event of an emergency or a vehicle being off the road due to an un-foreseen mechanical issue or a request by the hirer to vary the agreed conditions, the company may return all monies paid and without liability cancel the contract. However, the Company will endeavour to supply alternative transport but this cannot be guaranteed in which case the hirer will be due a refund in full.
7. Force Majeure: Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, including, without limitation, failure of suppliers, subcontractors, and carriers, and/or any other cause beyond the reasonable control of the party whose performance is affected to substantially meet its performance obligations under this Agreement.
8. Use of the Vehicle – The hirer cannot assume the use of the vehicle between outward and return journeys nor will the vehicle remain at the destination for the hirers’ sole use unless this has been agreed and booked by the hirer. The Company reserves the right to levy additional charges for timings or mileage over and above the original agreement on a pro rata basis as confirmed by hirer at the time of booking. The hirer will assume responsibility for any extra costs incurred such as parking, toll, ferry charges.
9. Change of vehicle –The Company reserves the right to subcontract to another operator to perform the hire or to supply replacement vehicles with the same number of seats. In the event that a vehicle of differing specification is supplied the Company’s liability will be limited to the difference in price.
10. Route – Unless the hirer has advised of a particular route and specified it at the time of booking, the route taken will be entirely at the discretion of the company or driver. The vehicle will depart at the times agreed by the hirer at the time of the booking confirmation. It is the hirers’ responsibility to account for all passengers at those times. The Company cannot accept liability for any losses incurred by passengers who fail to adhere to the hirers’ instructions.
11. Breakdown or Delay – The Company may give advice on journey times in good faith, but cannot guarantee that the journey is completed by a specific time, and will not be liable for any inconvenience or loss incurred caused by a breakdown or unforeseen delays en route.
12. Driver Hours – Drivers hours are regulated by law and the hirer accepts responsibility for timings agreed at confirmation of booking. The hirer accepts that neither he nor his passengers shall delay or interrupt the journey in such a way as to cause the driver to breach driving hour regulations. If any breach is likely to occur the hirer agrees to pay any additional costs incurred.
13. Property – The vehicles are subject to statutory safety restrictions on the carriage of luggage. The driver has sole authority to decide whether the property is carried. The company cannot accept liability for damage to, or loss of property being carried on the vehicle nor can it accept responsibility for any loss or damage left on the vehicle after hire. Property found on the vehicle after hire will be held at the vehicle operating base. It is the hirers’ or the passenger’s responsibility to collect the property and any costs incurred to collect the property are to be borne by the hirer or passenger. Property is to be collected at a time agreed by the Company and the hirer or passenger.
14. Passenger Conduct – The driver is responsible for the safety of the vehicle. If any passengers breach statutory regulations, the driver has full authority to have them removed. If passenger conduct results in damage to the vehicle, the hirer shall be responsible for any remedial costs incurred.
15. Alcohol and Tobacco Consumption – All vehicles are strictly non smoking by law. Under no circumstances is alcohol to be consumed on any company vehicle without the express written permission of the company directors.
16. Complaints – All complaints must be made in writing within 7 days of the date of hire to the company. The hirer agrees that in the event of a dispute arising from a booking, a charge back request will not be raised through the card issuer or bank. The customer must notify Simply Chauffeur in writing within 7 days after the date of travel with any complaints they may have. Should compensation be requested the customer will be put in touch directly with the operator unless the mistake lies directly with a fault of Simply Chauffeur service. It is the customer’s responsibility to check the booking confirmation for any errors and to notify Simply Chauffeur accordingly. If this process does not take place Simply Chauffeur will not be held responsible for any incorrect instructions to the operator.
17. Animals – With the exception of guide dogs, no animals are to be carried on vehicles without prior permission.
18 English Law
These terms and Conditions together with any Booking Conformation shall be subject to and construed in accordance with the laws of England and Wales. The parties hereby agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Appendix 1 â Table of compensation
The following compensation provisions are subject to the Companyâs standard Terms and Conditions.
(Where a journey consists of more than one leg or part, compensation is limited to the part of the journey affected)
Up to 30 minutes
31 - 60 minutes
10% / £25
61 -120 minutes
121 - 240 minutes
Over 241 minutes
Vehicle no show
(Single leg journey)
Vehicle fails to arrive to collect passengers and passengers make other arrangements
Vehicle no show
Vehicle fails to arrive to collect passengers and passengers make other arrangements for specific leg of journey
Refund of charges relating to affected leg of journey
Vehicle suffers mechanical or other failure during the course of the booking, and journey is continued following repair or in alternative vehicle(s)
Late vehicle charges as above
Vehicle suffers mechanical or other failure during the course of the booking, and passengers make their own arrangements for travel
Compensation equivalent to reasonable transport costs to complete journey
Vehicle standard not as booked
Executive not Luxury (Not pre-agreed with client)
Executive not Luxury (Pre-agreed with client)
Standard not Executive (Not pre-agreed with client)
Standard not Executive (Pre-agreed with client)
Vehicle wrong size (passengers)
Vehicle has insufficient seats for the number of passengers as listed in the booking confirmation and alternative vehicle supplied
Late vehicle charges as above
Vehicle wrong size (luggage capacity)
Vehicle has insufficient storage space for luggage as listed in the booking confirmation and alternative or supplemental vehicle supplied, but delay is caused to party
Late vehicle charges as above
Vehicle has insufficient storage space for luggage as listed in the booking confirmation and passengers make their own arrangements for travel
Vehicle does not have working toilet or toilet is not accessible and this was detailed in the booking confirmation
10% / £40
Vehicle does not have working air conditioning and this was detailed in the booking confirmation
Vehicle fails to meet reasonable standards for cleanliness â exterior
Vehicle fails to meet reasonable standards for cleanliness â Interior (includes smell from toilet)
Driver behavior unacceptable including rudeness and failure for follow reasonable requests in line with the booking requirements