Terms & Conditions
DEFINITIONS AND INTERPRETATION
1.1 Capitalised used in these Terms shall have the following meanings:
“Account” means a customer account which has been opened by Ewagen in respect of a particular Customer and is identified by way of a confidential allocated security number (the “Customer Account Number”)
“Account Customer” means any Customer to which Ewagen provides Account Services in respect of a particular Booking and which shall include any representative of the Customer which makes the Booking or uses the Services pursuant to such Booking.
“Account Services” mean the Services provided by Ewagen to an Account Customer, in accordance with clause 4.
“We”, “we”, “Our” , “our” and (where the context permits) “Us” and “us” means i) Ewagen, where the Services are paid for by Account ii) in the case of Direct Services, the Driver performing the Services.
“Booking” means a Customer’s request for Services howsoever communicated to us as evidenced by our records.
“Business Day” means a day (excluding Saturdays, Sundays and public holidays) which is also a day on which clearing banks in the City of London are open for the conduct of sterling banking business.
“Cancellation Fee” means a fee payable by the Customer for the cancellation of the Services by the Customer after the Passenger Vehicle has set off to fulfil the Booking (whether or not it has arrived at the Collection Address) as detailed in the Price List.
“Contract” means a contract for the provision of Services for Customers i) made by Ewagen acting as disclosed agent for the Driver for the provision of Direct Services and ii) by Ewagen for the provision of Services for Customers who maintain an account with Ewagen and payment is made directly to Ewagen by the Customer and each such Contract shall incorporate these Terms.
“Charges” means our charges (i) shown in the Price List or other published literature, and (ii) for certain Account Bookings, the price will be in accordance with charge rates agreed between Ewagen and the Customer.
“Collection Address” means the address stated by the Customer at the time of making the Booking as the address from which the Vehicle shall collect the Customer, any Passengers or the Goods.
“Customer” means any person(s), firm or company which books Services.
“Direct Customer” means a Customer which elects to pay for the Services by credit or debit card to Ewagen or by cash, which is collected by a Driver, in accordance with clauses 2.2 and 3.2.
“Direct Charges” means the charges made by the Driver for providing Direct Services which are collected by Ewagen acting as a disclosed agent for the Driver which charge shall be communicated to the person Booking the Services.
“Direct Services” means Services provided by the Driver (as principal) to a Direct Customer.
“Driver” means any person who drives a Passenger Vehicle.
“Goods” means any goods transported by us pursuant to a Contract.
“Written” means any written communication including email, SMS, or any other written form of communication, whether by electronic or any other means.
“Minors” mean children of less than 16 years of age.
“Passenger(s)” means the Customer and such persons who the Customer shall authorise and/or permit to make use of the Passenger Services by travelling in a Passenger Vehicle. By agreeing to or using the Services each Passenger agrees to be bound by these Terms.
“Passenger Services” means the transportation of Passengers by a Passenger Vehicle.
“Passenger Vehicle” means any vehicle used for the carriage of Passengers.
“Price List” means the list maintained by us of certain of our Charges relating to the Services from time to time and a current copy of which can be obtained on request.
“Restricted Street” means any location subject to any parking law or regulation prohibiting any vehicle waiting during prescribed hours.
“Services” means (a) Passenger Services and (b) any other services agreed in writing between us and the Customer from time to time.
“Terms” means these terms and conditions, as amended from time to time.
“Vehicle” means a Passenger Vehicle.
“Waiting Time Charge” means a fee payable by the Customer to us in accordance with clauses 2.3.5 or 2.3.6 as detailed in the Price List.
PASSENGER SERVICES – DIRECT SERVICES
2.1 Please note that except where explicitly stated otherwise, all services shall be Direct Services provided by the Driver. In such circumstances, Ewagen acts as a disclosed agent for the Driver.
2.2 When making a booking for Direct Services (payable by either credit or debit card services or cash), the contract shall be made by Ewagen, acting as a disclosed agent for the Driver. Such Contract shall be subject to these Terms.
2.3 When making a Booking for which the Customer elects to pay by credit or debit card, the Customer must elect to pay the Driver for the Services either by way of a credit card or a debit card payment.
2.4 In consideration for the performance of Direct Services payable by credit card or debit card, the Customer agrees to pay to the Driver the Direct Charges by way of a credit or debit card payment in accordance with clause 2.1. Such Direct Charges in relation to the Credit and Debit Card Services may have added a card handling fee (as detailed in the Price List).
2.5 In consideration for the performance of the Direct Services payable in cash, the Customer shall pay the Charges to the Driver upon completion of the Services (i.e., upon arrival at the Customer’s destination) or earlier if the Driver shall, in the Driver’s absolute discretion, decide.
2.6 In respect of Direct Services where the Customer has elected to pay in cash, payment shall be made in cash and the Driver shall not accept any other form of payment.
2.7 The Driver shall not charge VAT in relation to Direct Services.
2.8 For the avoidance of doubt, the Driver shall provide the Direct Services to the Customer as principal and the payment shall be processed by Ewagen acting as a disclosed agent for the Driver.
PASSENGER SERVICES – FEES AND CHARGES
3.1 The price quoted to the Customer at the time of making the Booking shall be calculated on the journey specified by the Customer at the time of Booking (the “Quoted Journey”). The price quoted by us shall be based upon our chosen route between the Collection Address and the Customer’s destination (via any other pick-up points or drop-off points stated by the Customer at the time of making the Booking). The Price quoted for Account Services will be in accordance with charge rates agreed between Ewagen and the Customer. These will not normally be communicated to persons Booking an Account Service unless the Customer requires this.
3.2 If a Booking is cancelled by a Customer after the Passenger Vehicle has departed to fulfil the Booking, a Cancellation Fee shall be chargeable.
3.3 In relation to collection of any Passenger(s) from an airport, we will allow 30 minutes waiting time starting from the last known estimated arrival time of an inbound international flight (we will allow 15 minutes waiting time from the last known estimated arrival time of an inbound domestic flight). We reserve the right to charge the Customer a Waiting Time Fee (as detailed in the Price List), which shall, for the avoidance of doubt, include the first 15 or 30 minutes (as the case may be). For the purposes of this clause the “last known estimated arrival time” will either be (a) if the Customer provides a flight number at the time of making the Booking, we will monitor the relevant flight and alter the collection time accordingly; or (b) if the Customer does not provide a flight number, the time which has been specified by the Customer.
3.4 All car parking fees will additionally be chargeable to the Customer for collections from airports, seaports, international and domestic train terminals. Car parking fees are set out in our Price List.
3.5 In the event that the Customer or any Passenger (other than an unaccompanied Minor) requires us at the beginning of or during the course of the Quoted Journey to make any additional or alternative pick-up(s) or collection(s) of Passenger(s) or to drop off Passengers at any locations other than as specified in the Quoted Journey or to take any variation from the Quoted Journey or follow a route other than our chosen route, additional charges may be applied by us. Any Passenger (other than an unaccompanied Minor) may amend the Quoted Journey by providing clear instructions to the Driver. We may (but we are not required to) obtain consent from the Customer for such amendment prior to agreeing the amending instructions.
3.6 In the event that the Customer requires more than four (4) passengers to travel in a Passenger Vehicle additional charges may be levied by us for the provision of a larger Passenger Vehicle or the carriage of additional Passengers in excess of four (4).
3.7 We reserve the right to charge the Customer a surcharge for all journeys made during the Christmas Period or at any other time in our sole and absolute discretion, such surcharge will be communicated to the person Booking the Services.
PASSENGER SERVICES – GENERAL
4.1 We shall use reasonable endeavours to provide a Passenger Vehicle in good working order of the type specified by the Customer (or, in the event that such a vehicle is not available, a reasonable alternative vehicle) within any time for so doing given by us or within a reasonable time.
4.2 Customers must inform us at the time of making a booking if the Customer or any Passenger wishes to carry any domestic animals in any Passenger Vehicle. All domestic animals must be carried in a suitable locked box or cage, if appropriate and/or be suitably restrained. Ewagen and/or the Driver reserve the right to cancel a booking on arrival at the Collection Address if we have not been informed of the Customer’s requirement to carry an animal in the Passenger Vehicle. Guide dogs are exempt from this requirement and are permitted to be carried in any Passenger Vehicle. Domestic animals (including guide dogs) are not permitted on motorcycles adapted for Passenger Services.
4.3 Passengers are not permitted to smoke in any Passenger Vehicle.
4.4 Passengers shall not play any musical instrument or broadcast recorded music in any Passenger Vehicle except with our written permission.
4.5 Passengers shall not consume alcohol in any Passenger Vehicle except with our written permission and we and/or the Driver reserves the right to decline carriage to any Passenger and may require a Passenger to alight from a Passenger Vehicle who, in its opinion, is intoxicated or under the influence or drugs (whether or not unlawful to possess or take).
4.6 The transportation of luggage in a Passenger Vehicle shall be permitted in our absolute discretion. Passengers shall remain responsible at all times for their luggage and shall load and unload their own luggage. We may assist the Customer with the loading and unloading of his/her luggage from the Passenger Vehicle, at our sole discretion.
4.7 We accept no responsibility for the loss or damage to any luggage which is transported in a Passenger Vehicle. The Customer acknowledges and accepts that any luggage stored in the Passenger Vehicle may move around during the journey and accordingly the Customer (and any Passengers) should take extra care when opening the luggage compartment of the Passenger Vehicle.
4.8 Passengers are required to comply with current customs laws and regulations and we shall not be responsible for any delays caused by any failure to comply with the same. For the avoidance of doubt Passengers shall not undertake any unlawful, indecent or socially unacceptable activity in any Passenger Vehicle and we and/or the Driver reserve the right to decline carriage to any Passenger and may require a Passenger to alight from a Passenger Vehicle who, in its opinion is acting in an unlawful, indecent or socially unacceptable manner.
4.9 All Passengers are required to use seatbelts at all times.
4.10 We will not allow unaccompanied Minors to travel alone in a Passenger Vehicle. Our Drivers are instructed to refuse to carry unaccompanied Minors and may request identification to demonstrate that a Passenger is in fact aged 16 or over. Please note that in the event that a Passenger is a Minor and is unaccompanied, the Booking will be cancelled and the Customer may be charged a Cancellation Fee.
4.11 We reserve the right to refuse to transport or cease to transport any Passenger who behaves in a disorderly, threatening or abusive manner or who, in our absolute discretion, we consider a nuisance or a danger to our employees, agents, subcontractors or to fellow Passengers and may require such a Passenger to alight from a Passenger Vehicle and the Customer may be charged a Cancellation Fee. We are committed to providing Services in accordance with the Equality Act 2010. We may assist any Passenger who is not capable of boarding and alighting a Passenger Vehicle unaided, at our sole discretion but at the Passenger’s risk.
4.12 We may charge reasonable repair or cleaning charges plus £75 representing loss of earnings for the Driver in the event of spillages in or in the event that any Passenger vomits in or otherwise soils, contaminates or damages a Passenger Vehicle.
4.13 We shall not be responsible for any property left by Passengers in any Passenger Vehicle. Where property is found in a Passenger Vehicle it will be stored by us for a period of 7 days and thereafter we shall be entitled to return, sell, destroy or otherwise dispose of such property as we, in its absolute discretion, see fit.
ACCOUNT SERVICES – BOOKINGS AND CHARGES
5.1 Prior to making any Booking for Account Services, the Customer must first open an Account with Ewagen. The Customer must keep its dedicated and secret Customer Account Number confidential. Ewagen shall not be responsible for any unauthorised Bookings made using a Customer’s Account.
5.2 When making any Booking for Account Services, the Customer must quote its Customer Account Number. If the Customer fails to do so, we shall not be obliged to perform the Account Services.
5.3 We shall be entitled to treat any Booking made quoting the confidential Customer Account Number as duly authorised by the Customer and the Customer shall be liable in respect of all Charges relating thereto.
5.4 In consideration of performance of the Account Services, the Customer shall pay the Charges, the administration fee and any applicable VAT (without set off or deduction), as invoiced by Ewagen, within 30 days (or such shorter period as we in our absolute discretion notify to the Customer) of the date of an invoice (the “Due Date”).
5.5 Payment shall be made by direct debit (which is Ewagen’s preference) or alternatively by cheque, telegraphic transfer or BACS to such bank account as we shall notify the Customer.
5.6 We shall be entitled to charge an administration fee of up to 10% of the Charges unless otherwise agreed with the Customer.
5.7 We shall invoice the Customer each month in respect of the Account Services carried out for the Customer during the previous month or at such other intervals as may be agreed by the parties in writing. Each invoice will be accompanied by a statement detailing the Services invoiced.
5.8 In the event of non-payment of any Charges by the Due Date, we shall be entitled to charge and the Customer shall pay interest at a rate of 8% per annum on any amount outstanding until payment is made, both before and after any judgment.
5.9 We may, at any time, set a limit on the total credit given to any Customer at any one time and we shall not be obliged to provide Account Services once that limit has been reached. Any such limit shall be notified to the Customer in writing by us.
5.10 Any dispute in respect of the Charges shall be submitted, in writing, within 14 days of receipt by the Customer of the relevant invoice.
5.11 When an Account is terminated, by any means whatsoever, the Customer shall pay to us all outstanding Charges which are owed to us as at the date of termination.
5.12 Clause 4 of these Terms shall apply to all Passenger Services made in accordance with this clause 5 by an Account Customer.
6.1 Please note that this clause 6 applies to all Passenger Services and all Services, including Account Services.
6.2 These Terms shall be incorporated in and form part of all Contracts for the provision of the Services. Bookings can be made through our website, by telephone, via email or by using our mobile App; these media by which the Customer is able to make a Booking are an invitation to treat. The Customer’s Booking constitutes an offer to Contract for Services which we can accept (thereby creating a legally binding Contract incorporating these Terms) by issuing to the Customer a Booking acceptance or otherwise communicating to the Customer that we will, subject to the provisions set out in these Terms, despatch a Vehicle to perform the Services requested by the Customer in the Booking.
6.4 Each party acknowledges that it is not relying on any statements, warranties or representations given or made by the other whether actual or implied by common law or under statute in relation to the subject matter of any Contract and that it shall have no rights or remedies with respect to such subject matter otherwise than under the relevant Contract.
6.5 We shall be entitled to vary the Price List from time to time.
6.6 We shall be entitled to exercise a lien over any property belonging to the Customer in our possession pending payment of any Charges due to us.
6.7 We may, in our absolute discretion, decline to accept any Booking or cancel any Booking prior to the appointed time for the Booking.
6.8 Any dates, periods or times specified by us in connection with the performance of the Services are estimates only and time shall not be of the essence for the performance by us of our obligations under the Contract. We make no warranty that any Passenger or Goods or property shall be delivered within the Customer’s stipulated time period (if any) and/or within any time period stated by us unless express reference is made to this Clause 6.7 and agreed in writing by a director of Ewagen.
6.9 Passenger(s) and any luggage and any personal items and all Goods shall be ready for collection at the time stipulated by the Customer when the Booking is made. Where the Collection Address is in a Restricted Street we will allow 2 minutes (and where the Collection Address is not a Restricted Street 5 minutes) for loading. In the event that all booked Passenger(s), and their luggage have not boarded the Passenger Vehicle and all Goods have not been loaded on to the Courier Vehicle as the case may be within 2 minutes (or 5 minutes as the case may be) of the later of i) the arrival of the Passenger Vehicle at the Collection Address and ii) the booked time for collection we reserve the right to charge the Customer a Waiting Time Fee (as detailed in the Price List, which will, for the avoidance of doubt, include the first 2 minutes (or 5 minutes as the case may be)). Furthermore, where the Collection Address is in a Restricted Street the Driver shall be entitled to leave the Collection Address and we shall endeavour to arrange with the Customer a revised collection time or location. If revised collection details cannot be agreed with the Customer we may treat the Booking as having been cancelled and charge a Cancellation Fee. Where the passenger and any luggage and any personal items and all Goods are not unloaded within 5 minutes of the arrival of the Passenger Vehicle or Courier Vehicle at the Customer’s destination we reserve the right to charge the Customer a Waiting Time Fee (as detailed in the Price List, which will, for the avoidance of doubt, include the first 2 minutes (or 5 minutes as the case may be)).
6.10 No delay or omission by either party in exercising in whole or in part any right, power or remedy provided by law or under the Contract shall affect that right, power or remedy; or operate as a waiver of it.
6.11 The Customer agrees to indemnify and keep us fully indemnified from and against any direct and indirect losses, claims, expenses, damages or liability whatsoever incurred or suffered by us as a result of the negligence, acts or omissions or default under the Contract by the Customer, or its employees, agents or subcontractors or any Passengers.
6.12 The Customer shall be liable for any damage caused by Passengers to any Passenger Vehicle.
6.13 Subject to the following provisions of this clause 6, except in respect of death or personal injury caused by our negligence, or that of our servants or agents, our liability to the Customer for loss and/or damage caused by the negligence of us and/or our servants or agents, or otherwise which arises out of or in connection with the provision of the Services or their use by the Customer shall be limited as follows:
(a) in relation to the Services generally, our liability shall not exceed £150;
(b) in the case of lost or damaged Goods (including where relevant luggage of Customers travelling in Passenger Vehicles), our liability shall not exceed £150 unless a) the Customer has notified us that the Goods have a value in excess of £150 and b) We have agreed in writing to be responsible for the repair or replacement of the Goods up to a greater value, and the Customer shall indemnify us against any Passenger claiming sums in excess of such limits.
6.14 To the extent permitted by law, we shall not be liable in any way whatsoever for the acts or omissions of any sub-contractors to whom we sub-contract the Services to. We shall use our reasonable endeavours to ensure that we only sub-contract the Services to such third parties that have at least the minimum insurance cover required in the third party’s country of operation. If we are aware that a third party does not have a level of insurance coverage which we would expect, we reserve the right to request that the Customer signs a standard form disclaimer and acknowledgement in respect of the same.
6.15 We shall not be liable to the Customer for any loss or damage to property arising in the course of delivering, loading or unloading of Goods or Passenger’s luggage or personal effects.
6.16 We shall not be liable to the Customer for any loss of anticipated savings, business revenues, loss of agreements, loss of opportunity or loss of business or profits whether categorised as direct or indirect or any indirect, special or consequential loss (including losses arising from business interruption, wasted management time, loss of goodwill, data and all other such loss whether or not arising in the normal course of business).
6.17 We shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing any of our obligations under the Contract. Time shall not be of the essence in the performance of our Services.
6.18 We shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any failure to perform any of our obligations under the Contract if the delay or failure was due to any circumstances or cause beyond our reasonable control.
6.19 We shall, in any event, have no liability in respect of any claim, howsoever arising, that is not notified to us by the Customer, in writing, with sufficient particularity, to identify the nature and the quantum of the claim within fourteen (14) days of the occurrence of the circumstances giving rise to the claim.
6.20 The Customer acknowledges that the limitations on our liability as set out in this clause 6 are fair and reasonable in the circumstances and have been taken into account and reflected in the level of the Charges.
6.22 Any complaints relating to the Services shall be addressed to us and made in writing within 14 days of the event giving rise to the complaint.
6.23 Termination of this Contract shall be without prejudice to any rights and/or obligations of us and/or the Customer accruing prior to the date of such termination.
6.24 Any notice required or permitted to be given by either party to the other under these Terms, shall be in writing and may be given personally or sent by email or by prepaid registered post to the other party at its registered office or principal place or business or such other address as may at the relevant time have been notified as that party’s address for service. Any notice served by email shall be deemed delivered immediately and by registered post shall be deemed served 48 hours after posting to an address in the United Kingdom or 5 Business Days after posting to an address outside the United Kingdom. In proving the service of any notice it will be sufficient to prove, in the case of a registered post letter to provide proof of delivery.
6.25 A person who is not a party to any Contract shall not have any rights under or in connection with it.
6.26 We reserve the right to subcontract or delegate in any manner any or all of its obligations under any Contract to any third party or agent.
6.27 If any provision of these Terms, which is not of a fundamental nature, is held by any court or other competent authority to be invalid or unenforceable in whole or in part, such part, term or provision shall be deemed deleted from these Terms and the remainder shall not be affected. Should the foregoing apply the parties shall use all reasonable endeavours to agree upon any lawful and reasonable changes to these Terms which may be necessary in order, as close as possible, to give effect to the commercial intent of these Terms.
6.28 We reserve the right to amend these Terms. Notice of amendments to these Terms shall be posted on Ewagen’s website.
6.29 These Terms shall be governed by and construed in accordance with Scottish Law and the parties agree to submit to the exclusive jurisdiction of the Courts of Scotland.