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2.1. |
The Registered User will be issued with an Account
Number, which must be quoted when making bookings. BTC cannot
accept any responsibility whatsoever if the Account Number is
used by unauthorised persons.
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2.2. |
BTC reserves the right to:
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2.2.1. |
alter any Account Number at any time and notify
the Customer accordingly;
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2.2.2. |
refuse to carry any dangerous goods whatsoever,
to include substances likely to cause or encourage disease,
vermin, pests or other hazard ;
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2.2.3. |
subcontract in order to fulfil a Booking and shall,
upon the request of the Customer, provide the name, badge number
and/or registration number of such subcontractor. BTC will also
employ foot messengers where practicable;
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2.2.4. |
charge waiting time after 15 minutes after BTC
have been requested to pick-up a Delivery and/or passenger;
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2.2.5. |
change the rules or instructions or Terms and
Conditions relating to any part of the Service from time to
time and notify the Customer of such changes;
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2.2.6. |
suspend the Service in the interest of security
or in the interest of other Customers or delay in settlement
of account;
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2.2.7. |
refuse Service unless the Company is, at its own
discretion, satisfied that security procedures have been followed
and shall not be liable for refusing the Service under these
circumstances; and
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2.2.8. |
withdraw Bookings made by telephone or via the
Website without prior notice and also to refuse to accept and/or
perform any orders placed thereon.
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3. |
SERVICES
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3.1. |
Deliveries
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3.1.1. |
The Customer shall ensure that the Delivery is
labelled correctly, secured and packaged in the correct manner
for transportation. BTC shall use their logo on all Deliveries.
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3.1.2. |
Unless agreed otherwise by BTC, the Booking, made
by a Customer, shall only be delivered to the address specified
by the Customer at the time of Booking and BTC reserves its
right to vary its charges in respect of any variation to the
delivery address.
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3.1.3. |
BTC shall not be required to provide any labour
or special equipment for loading or unloading the Delivery,
other than that carried by the Taxi or Vehicle being used.
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3.1.4. |
BTC will require the signature of the addressee
to acknowledge receipt of the Delivery; such receipt shall be
conclusive evidence of delivery.
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3.1.5. |
If Delivery cannot be made (for whatever reason),
BTC shall notify the Customer, the Customer is responsible to
provide further instruction with regard to the Delivery, payment
for the Delivery, in full, will be met by the Customer.
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3.1.6. |
When booking the Same Day delivery option, bookings must be made before 12 noon on the day the Delivery is to be made (pre-bookings are accepted). Bookings made after 12 noon for the Same Day will automatically be charged at the Premium delivery rate. |
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3.2. |
Hiring
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3.2.1. |
BTC provide an exclusive service for Customers
whereby they are able to hire a Taxi for use to carry passengers
and/or Deliveries at an hourly rate (any part hour shall be
charged at an hourly rate). Hiring begins at the specific time
the Customer has requested when making a Booking and ends when
the passenger and/or Delivery reaches its destination;
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3.2.2. |
BTC shall not be liable for any damage to or loss
of any property left on the Taxi or Vehicle by a passenger;
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3.2.3. |
Charges incurred by BTC e.g. parking charges etc
will be passed on to the Customer and added to their invoice;
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3.2.4. |
Any inappropriate conduct by a passenger e.g.
threatening, drunk, disorderly, abusive, dangerous behaviour
or in breach of any statutory regulation will be the responsibility
of the Customer and thus shall indemnify BTC for any damage
or injury caused to a Taxi, Vehicle or driver.
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4. |
PAYMENT
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Invoices shall be submitted on the last working
day of each month unless agreed otherwise. By becoming a Registered
User, the Customer agrees to pay in full the total amount specified,
the payment should be made by BACS no later than 14 days after
the date of invoice. BTC reserves the right to charge interest
(at 2.5% per month), in cases where there is a delay in the
settlement of the invoice.
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5. |
LIMITATION OF LIABILITY
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5.1. |
BTC shall not be liable in respect of any loss,
non-delivery or damage to any Delivery, as a result of any:
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5.1.1. |
force majeure event which shall mean any circumstance
beyond reasonable control (including, without limitation, act
of God, outbreak of hostilities, riot, civil disturbance, acts
of terrorism, the act of any government (including refusal or
revocation of any licence or consent) fire, explosion, flood,
power failure, failure of telecommunication lines, fuel shortage,
any strike, lock out or other form of industrial action);
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5.1.2. |
seizure or forfeiture under legal process;
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5.1.3. |
act, omission, or misrepresentation by the Customer
or Registered User;
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5.1.4. |
defect or inherent defect, natural deterioration
or fragility of a Delivery;
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5.1.5. |
improper or insufficient packaging, labelling
or addressing;
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5.1.6. |
damage to the Delivery after delivery has taken
place; and
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5.1.7. |
fraud on the part of the Customer or Delivery
addressee.
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5.2. |
BTC has no duty, obligation or liability in contract
tort for breaches of statutory duty or otherwise beyond that
of a duty to provide reasonable skill and care.
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5.3. |
The Customer must disclose to BTC any goods of
value over and above £100 prior to a Booking being made.
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5.4. |
BTC are unable to guarantee arrival times of Deliveries,
although every possible effort will be made to ensure that the
Customer's requirements are met. However, BTC shall not be held
responsible for events beyond the reasonable control of BTC
in which it is prevented from performing its obligations.
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5.5. |
Under no circumstances shall BTC be liable for
loss of profits, business or anticipated saving or for any indirect
or consequential loss.
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5.6. |
All losses suffered by BTC (including, but not
limited to, claims, demands, proceedings, fines, penalties,
damages, costs, expenses and loss of or damage to the carrying
Taxi or Vehicle and to other goods carried) as a result of any
breach of these Terms and Conditions, fraud, error, omission,
or misrepresentation by the Customer.
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5.7. |
If a fine is unavoidably granted it shall be contested
(if practicable) in the first instance with the relevant body,
if payment of the fine is to be upheld this charge will be passed
to the Customer.
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6. |
GENERAL
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6.1. |
Cancellation of any Booking shall incur a charge
if cancellation is not received 60 minutes prior to a pick-up
being made.
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6.2. |
Payment terms and charges paid to BTC are confidential;
the Customer shall make all reasonable steps to ensure that
these remain confidential, save for disclosure required by law
or by a statutory or regulatory body with power to order such
disclosure.
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6.3. |
During the business relationship with BTC and
a 6 month period immediately following the last Booking made
by the Customer, the Customer shall not directly or indirectly,
solicit or offer employment or any other form of contract for
services to any of the drivers of BTC who are directly involved
in the Service provided by BTC.
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6.4. |
All prices are exclusive of VAT and all other
duties or taxes which may become due or payable from time to
time and shall be added to invoices at the rate applicable at
the date of invoice.
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6.5. |
The information contained on the Website is written
on a non-specific Customer requirement basis, it is the responsibility
of the Customer to satisfy itself that the Booking made online
is correct. All reasonable attempts will be made to ensure the
Website is free from viruses, although BTC cannot guarantee
this.
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7. |
GOVERNING LAW AND JURISDICTION
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These Terms and Conditions shall be governed by
and construed in accordance with English law and are subject
to the exclusive jurisdiction of the English courts. |
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