Definitions and Interpretations
In these Conditions:- "These Conditions" means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Passenger and the Provider; "The Passenger" means the person who accepts a quotation or offer of the Provider for the sale of Services or whose order for the Services is accepted by the Provider; "The Provider" means Esskay Cars "The Contract" means the contract for the provision of airport transfer services under these Conditions; "The Service" means the service of transport to or from airports (including any installment of the service or any multiple services) which the Provider is to supply in accordance with these Conditions;
Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
Conditions
The Provider shall sell and the Passenger shall purchase the Service in accordance with any quotation or offer of the Provider which is accepted by the Passenger, or any reservation of the Passenger which is accepted by the Provider, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such reservation is made or purported to be made, by the Passenger.
A contract will only come in to being upon the acceptance of the Provider of the reservation and the following conditions shall be deemed to be incorporated in the contract. The passenger accepts these terms & conditions by placing a reservation, booking with the provider via but not limited to the providers; web site (http://esskaycars.com), via telephone, or via any representative agent.
The Contract will be subject to these conditions. The provider reserves the right to revise these terms & conditions at any time without prior notice at its sole discretion. Any revised terms and conditions will be posted on the provider’s web site and will come into effect 1hour after posting.
No reservation submitted by the passenger shall be deemed to be accepted by the provider unless and until confirmed in writing by email telephone or otherwise by an authorized representative of the provider.
The specification for the services shall be those set out in the provider’s sales documentation unless varied expressly in the passenger’s reservation (if accepted by the provider). The service will only be supplied as stated in the provider’s price list. Reservations received other than these will be adjusted accordingly. Illustrations, photographs or descriptions whether in the website, brochures, price lists or other documents issued by the provider are intended as a guide only and the contents shall not be binding on the Provider.
The Provider reserves the right to make any changes in the specification of the services which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the services are to be supplied to the Providers specification, which do not materially affect their performance.
Sub- contracting companies are not authorized to make any representations or claims concerning the service unless confirmed by the Provider in writing by email, telephone or otherwise. In entering into the Contract the Passenger acknowledges that it does not rely on, and waives any claim for beach of, any such representations, which are not so confirmed.
No variation to these Conditions shall be binding unless agreed in writing by email, telephone or otherwise between the authorized representations of the passenger and the provider.
Sales literature, price lists and other documents issued by the provider in relation to the service are subject to alteration without notice and do not constitute offers to sell the service, which are capable of acceptance. A reservation placed by the passenger may not be withdrawn cancelled or altered prior to acceptance by the provider. No contract for the offer of service shall be binding on the provider unless the provider has issued a quotation which is expressed to be an offer of service; or has accepted a reservation placed by the passenger, by whichever is the earlier of:-
the Providers written acceptance;
delivery of the service;
Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Provider shall be subject to correction without any liability on the part of the Provider.
The price of the Service shall be the price listed in the Providers published price list current at the date of acceptance of the passenger’s reservation or such other price as may be agreed in writing by the provider and the passenger.
Where the provider has quoted a price for the service other than in accordance with the Providers published price list the price quoted shall be valid for 24 hours only or such other time as the Provider may specify.
The Provider reserves the right, by giving notice to the Passenger at any time before delivery, to increase the price of the service to reflect any increase in the cost to the provider which is due to any factor beyond the control of the provider (such as, without limitation, any foreign exchange fluctuation, currency regulation or alteration of duties, any change in delivery dates, quantities or specifications for the service which is requested by the Passenger, or any delay caused by any instructions of the Passenger or failure of the Passenger to give the Provider adequate information or instructions.
The Provider reserves the right to use the services of contractors or sub-contractors (herein known as third parties) to provide services to Passengers. Where appropriate details i.e. names, addresses of any such third parties will be provided by the Provider upon any reasonable request and at the discretion of the Provider.
Reservations made for service on the following dates will be subject to an additional surcharge of 50% on published prices: 24, 25, 26, December & 1 January.
A maximum time of 1 hour for address collections & 3 hour's for airport collections will be allocated, whereupon non-contact with passengers will classify the reservation to be a no show.
All payments that are made in any other form than cash (pounds sterling) to the Provider for the provision of service & on any confirmed reservations made with the provider directly or indirectly will result in a charge (booking fee) to the passenger of £3.00 sterling (in addition to any cash payment & or discounted price).
Terms Of Carriage
The Providers (herein known as Esskay Cars) prices are based on Passengers being ready to travel at the booked time. Passengers must book their airport transfer in accordance with check in times and guidelines provided by their relevant airline.
All meets apart from airports waiting time are free for the first 5 minutes; thereafter you will be charged 40p per minute on the entire waiting time. An airport meets: 60 minutes free waiting time from the time of landing (additional free waiting time can be requested at time of booking), thereafter you will be charged 40p per minute. (There is no additional charge for flight delays). Fares quoted are flat rates. Any diversions, additional set downs or pickups by passengers will incur a minimum charge of £5.00 per diversion. Fares quoted that are not booked will have a validity of 24 hours. Esskay Cars reserve the right of altering any prices without prior notification however any quote/booking confirmed by Esskay Cars will remain binding.
Neither Esskay Cars nor any of its contracted or sub-contracted drivers will accept responsibility for loss or damage to luggage. Passengers are responsible for ensuring that their luggage is loaded/unloaded at all times, if accompanying the luggage on the journey. Esskay Cars & or its contracted or sub-contracted drivers have the right to refuse any passenger or to make the journey due to the passenger having excess luggage which would result in the vehicle being unsafe whilst in motion.
Vehicles are booked by Passengers as requested. Saloon and Estate cars carry a maximum of 4 passengers & luggage. Vehicles to carry a larger no of passengers & luggage are available & are to be booked as required, (for luggage limitations & vehicle types and relevance view vehicles).
Esskay Cars will not carry in its vehicles any of the following:
Explosives, firearms, flammables, tear gas, mace, pepper spray
Perishables
Fragile, breakable, or temperature sensitive items
Pets, insects, animals (other than registered Guide Dogs for the visually impaired)
Cash
Hazardous waste
Pressurized containers
Securities and negotiable papers
Human remains
Alcoholic beverages, or anything containing alcohol
Illegal narcotics/drugs
Esskay Cars reserves the right to disallow additional goods at any time.
In the instance where an accompanied luggage is transported. You agree to defend, indemnify and hold The Esskay Cars and its owners, workers, clients, agents, and driver harmless from all claims, demands, causes of actions, damages, liabilities, costs and expenses, including attorneys' fees, arising from or related to your acts or omissions in connection with your use of the Service and omissions in relation to Esskay Cars limitations.
In the instance where an accompanied luggage is transported. Esskay Cars will try its level best to deliver the luggage to the exact destination as booked by the passenger. If the driver is unable to obtain a signature for the receipt of luggage on such delivery. The driver is within his remit to return the luggage to our head office where storage and additional delivery costs may be incurred.
Cancellations / Cancellation charges
You can cancel your booking through website.
For pre-paid bookings, any agreed refunds due to you to for cancellations or complaints will be made to the card used to make the payment within up to 10 business days (business days being Monday to Friday).
There will not be any charge for bookings which are prepaid with a credit card or debit card which have a cancellation notification period of 24 hours to the actual pick up time.
If the passenger missed the flight and informs us in advance either by e mail, text or via phone he/she will not be charged.
*No Refunds shall be issued for the following:
Cancellations which are not instructed and informed would fall under the category of ”NO SHOW” and will qualified for a charge of 100%. "Failed to meet the driver on pick up time
Cancellations obtained under 24 hours are qualified for full charge.
No refund or obligations with regard to costs to the passengers who don’t wait for their driver and consider substitute transportation.
If the passenger provides us with misleading information.e,g Flight number, wrong date,address,phone number etc.
Customer was not available when the car arrives to the pickup point.
*Consider as no show
Customer or passenger leaves the pickup location without the need of informing us (our team) or perhaps Not available once the vehicle arrives to the pick-up place) without any reason whatsoever. Will regarded the trip as" NO SHOW" section
Airport pickup; When a passenger unable to meet the driver within the arrival hall or make contact to inform their location within 2 hours from flight landing time will be viewed as as No Show.
*Flight Cancellations:
Should your flight be cancelled for some reason and you are on a journey at a later time, you can always let us know therefore we can continue to keep your booking on hold. There’s no charge due to this. If your flight is cancelled and you are clearly certainly not travelling any longer and need to cancel your booking in this case we will impose a fee £10.00 for a single trip booking and £15.00 for a return journey booking.
Note: Bookings and cancellations made on the same day will incur a minimum charge of [£5.00].
General Applications
The Provider shall not be liable to the Passenger or be deemed to be in breach of the Contract by reason of any delay in delivery or in performing, or any failure to perform, any of the Providers obligations in relation to the Service, if the delay or failure was due to any cause beyond the Providers reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Providers reasonable control directly or indirectly:-
act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; traffic accidents, traffic hold ups, traffic congestion;
strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Provider or of a third party); flight delays, flight cancellations; power failure or breakdown in machinery including computer systems.
Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
The Passenger undertakes to the Provider that:- the Passenger will regard as confidential the Contract and all information obtained by the Passenger relating to the business and/or products of the Provider and will not use or disclose to any third party such information without the Providers prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of the Passengers default;
the passenger will use all reasonable endeavors to ensure compliance with this condition by its employees, servants and agents. This Condition shall survive the termination of the contract.
Miscellaneous
No waiver by the provider of any breach of the Contract by the passenger shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
The Contract shall be governed by the laws of England & Wales.
Contacting Us
Please do not hesitate to contact us in writing regarding any matter relating to this Privacy Policy at:
Esskay Cars Arch 45 A,South Lambeth Place,SW8 1SR
info@esskaycars.com
THESE TERMS AND CONDITIONS (“Conditions”) DEFINE THE BASIS UPON WHICH Esskay CARS WILL PROVIDE YOU WITH ACCESS TO THE Esskay CARS PLATFORM, PURSUANT TO WHICH YOU WILL BE ABLE TO PROVIDE CERTAIN TRANSPORTATION SERVICES TO CUSTOMERS ON RECEIPT OF ORDERS MADE THROUGH Esskay CARS’S PLATFORM. THESE CONDITIONS (TOGETHER WITH THE DOCUMENTS REFERRED TO HEREIN) SET OUT THE TERMS OF USE ON WHICH YOU MAY, AS A DRIVER, USE THE Esskay CARS AND PROVIDE THE TRANSPORTATION SERVICES. BY USING THE Esskay CARS, YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE WHICH Esskay CARS, AMONG OTHER THINGS, TO ALL SERVICES HEREINUNDER TO BE RENDERED TO OR BY YOU VIA THE Esskay CARS WITHIN THE UK AND THAT YOU AGREE TO ABIDE BY THEM. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE/WORK WITH THE Esskay CARS AND/OR PROVIDE TRANSPORTATION SERVICES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE Esskay CARS OR PROVIDE THE TRANSPORTATION SERVICES.
DEFINITIONS AND INTERPRETATION
In these Conditions (unless the context otherwise requires), the following words and phrases shall have the following meanings:
• “Esskay Cars” means the Esskay Cars which provides a platform for access to the Services and is owned by Esskay Cars;
• “Collection Location” means the locations as notified via the Esskay Cars, from which the Customers are to be collected;
• “Customers” means the customers identified via the Esskay Cars who wish to engage Transportation Services;
• “Customer Personal Data” means Personal Data of the Customer which is processed by either party/partners/ contractors in connection with these Conditions;
• “Drop off Location” means the location notified by the Customer using the Esskay Cars, which will be the final destination of the Transportation Services;
• “Driver” means a person who is an independent vehicle owner or Company Driver (Private Hire) and Rental car (Private Hire ) provide Services who has accepted these Conditions with Esskay Cars to provide transportation services to Customers who place Orders in the Esskay Cars, as an independent contractor working on his or her own account
DRIVER REQUIREMENTS
In order to provide the Transportation Services, you must have
• A valid full UK drivers licence which you have held for longer than 3 years /36 months; connection with, TFL/DVLA (T&C) a breach by you of this Condition
• Have valid Private Hire Insurance
• MOT Valid for Six Months
• Hold a Private Hire licence valid in the local area where you will provide the Transportation Services;
• Have a clean and well maintained vehicle for the provision of Transportation Services;
• Have antivirus software installed and maintained on your device which will provide Esskay Cars Appropriate security against unauthorised access to Customer Personal Data not download any software or work with any other privet hire company or other Esskay Cars and its partners which may interfere with or modify the Esskay Cars or its operation.
• You hereby that you will not refused any job which is assigned by Esskay Cars and provide excellent service at your best
• Esskay Cars reserves the right to give priority to Drivers that have better operational performance, and to exclude (temporarily or permanently) Drivers that do not meet the Minimum Requirements and any other operational threshold set by Esskay Cars in the future.
• You agree that you will maintain the Minimum Acceptance Rate
• Abide by the terms of any contractor standards issued by Esskay Cars from time to time and You must notify Esskay Cars immediately if you do not have any of the Minimum Requirements and you must cease to provide the Transportation Services immediately
• You warrant that you will provide the Transportation Services in full conformity to the Minimum Requirements and shall not do anything in contravention of these requirements and/or which may threaten the validity of, or limit the cover provided by, such Minimum whether or not referenced herein;
• At all times when providing the Transportation Services, you acknowledge and warrant that you will comply with the requirements of the Equality Act 2010 (as amended) and any other Esskay Cars likable Law. You acknowledge that as a requirement of your Private Hire/private hire licence you are required to be a “fit and proper person” and you agree that you will at all times maintain this status and not act in a manner that could reasonably be considered to be contrary to this requirement.
• You acknowledge and agree that when accepting an Order, you will immediately update the Esskay Cars when you reach the Collection Location and the Delivery Location and when the Customer enters your vehicle if you are required to wait for the Customer. You acknowledge that if you fail or delay in updating the Esskay Cars, this will be deemed as fraudulent activity and you may put fine (in whole or in part) for the Transportation Services and/or your access to the Esskay Cars may be suspended.
• If, during the provision of the Transportation Services, you are involved in an accident or you are involved in any incident involving a Customer, you must immediately notify Esskay Cars by contacting our customer service centre on the number provided in the Esskay Cars
The material displayed on the Esskay Cars is provided without any guarantees, conditions or warranties as to its accuracy. You must bear the risks associated with the Esskay Cars, the Services
To the fullest extent permitted by law, Esskay Cars (including its officers, directors and employees) and third parties (including any agents or subcontractors) connected to it hereby expressly exclude:.
Esskay Cars will not be liable for any loss or damage caused by a virus, distributed denialofservice attack, or other technologically harmful material that may infect your electronic and/or mobile equipment, computer programs, data or other proprietary material due to your use of the Esskay Cars and/or the Services or to your downloading of any content on it, or on any website linked to it. Esskay Cars shall not be in breach of these Conditions nor liable for any delay in performing, or failure to perform, any of its obligations under these Conditions if such delay or failure results from events, circumstances or causes beyond its reasonable control. Subject to the remainder of this Condition, Esskay Cars’ total liability to you in connection with these Conditions and the Services, however arising whether caused by tort (including negligence), breach of contract or otherwise, shall be limited to the Fees payable to you in relation to the Order in which the liability arose.
INDEMNITY
By accepting these Conditions you agree to defend, indemnify (compensate) and hold Esskay Cars, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents, harmless from all and against any and all claims, costs, damages, losses, liabilities and expenses (including attorney’s fees) arising out of or in connection with:
Your violation or breach of these Conditions or any Esskay Cars liable Law or regulation, your violation or breach of any rights of any third party, including Customers; or your use or misuse of the Esskay Cars and/or Services.
Requirements. In addition, you must only accept Orders that are in accordance with the conditions and requirements of your Private Hire licence, including any zoning requirements. You shall indemnify Esskay Cars against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred arising out of, or in
These Conditions shall exist for an indefinite period of time. However, you may terminate your agreement with us at 3 weeks’ notice time by permanently deleting the Esskay Cars installed on any device/text/mail and deactivating your account.
Esskay Cars is entitled to terminate its provision of the Services to you or your exercise to use the Esskay Cars, with immediate effect, by disabling your account or otherwise preventing you from accessing or using the Esskay Cars by any means, at its sole discretion.
Your Driver Account and the Services are personal to you, and therefore you may not assign, sublicense or transfer in any other way your rights and obligations under these Conditions of use to any third party.
Drivers are expected to drive safely at all times. Driving a company vehicle, rented vehicles, a personal vehicle or other vehicles on behalf of the Esskay Cars is a privilege, not a right. The safety of passengers, pedestrians and others is every driver's highest priority. The following rules are included by reference on the credentialing
Form and, by submitting credentials each driver agrees to abide by the following terms, conditions, and rules and regulations.
Drivers will:
• Have and carry valid documents requested by TFL while driving.
• Not permit any unauthorized person to drive the vehicle. Unauthorized drivers may be personally liable for any accident or loss and know and observe all traffic laws, ordinances and regulations.
• Not transport unauthorized passengers. Not transport any alcohol (unless specifically permitted, e.g., dining or conference services), drugs, or other contraband.
FOLLOW THESE MINIMUM SAFETY REQUIREMENTS
• Never permit total occupancy to exceed the number of seat belts.
• Use safe driving principles, practices and techniques at all times.
• Not drive under the influence of drugs or alcohol. Not drive if using a medication that impairs judgment, reflexes or alertness.
• Not use a cell phone (including "hands free" cell phones, texting, PDAs, computers or any other device)when the vehicle is moving or engage in other distracting behaviour. If the driver must make or take a call or text message, the vehicle must be safely stopped and secured (parked), before using a cell phone.
Be reasonably satisfied that the following parts and components are in good working order
♦ Service Brakes ♦ Parking Brake ♦ Steering Mechanism ♦ Lights/Reflector Devices ♦ Tires/Wheels ♦ Horn ♦. Windshield Wipers/Washers ♦ Rear-Vision Mirrors ♦ Coupling Devices Report any defects immediately to the vehicle coordinator to determine if the vehicle is safe to operate. PERFORM REQUIRED ADMINISTRATIVE RESPONSIBILITIES
(INSPECTION MAY PLACE ANYTIME)
Report all accidents or traffic violations involving or while driving on Immediately report any changes in license status (such as points, suspension or revocation) and any other at-fault accidents that occur whether or not the accident or violation occurred while driving Personally assume responsibility for any and all fines or traffic violations associated with use of a vehicle or privately-owned vehicle used on.
Agree and accept that failure to follow driving rules may result in temporary or permanent suspension of driving privileges, or have more serious consequences. Such as fine, loss or damage demand from driver
Esskay Cars cannot be held accountable for any loss financial, professional, missed connection times, due to adverse weather, traffic conditions, road traffic accidents or road closures or being given the wrong booking information by the controller/customer or customer booked it online and got the booking reference but driver did not get any confirmation from etc.
All Drivers must be available during their shifts,
Drivers must ACCEPT all jobs sent to them, any issues can be answered later
Please let us know your timing, days
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Bank Holidays/ Public Holidays/ Religious Holidays
We are acting on the behalf of TFL (rules & regulations) in case of complaints you must aware of the circumstances and must avoid to take them directly ( try to resolve yourself as you are providing services ) Drivers must ensure that if any complaints Arise would be their issue and they may have to pay for it.
Driver are allowed in the office when requested:
• Please read job details and instructions very carefully (PDA & Text)
• Must keep update status of job on PDA
• Make sure arrived at pickup address 5 minutes before the given job time (no calls and text before time) Driver can call after 5 mins at arrivals & wait there 15 mins in case of NO Contact. (After that must call before leave)
• If you think you are Esskay Cars passing late on job please ensure call and update customer for expected time of arrive (Always have/use Bluetooth or hands free)
• Standard luggage assumes that one medium Size suitcase carry up to 23kg. Any extra luggage that the driver of Private Hire Vehicle cannot provide accommodations is the responsibility of the driver (No luggage is allowed on the seats)
• Esskay Cars may mention about the meeting point where both passenger and driver must agree too. Failure to meet the passenger at the meeting point may decrease further charges such as waiting time and extra car park or otherwise, The fine to be charged in such situation will be decided by Esskay Cars Minicabs (subject to a minimum of £5.00)
• No additional charge for any flight delays time will be adjusted accordingly, if flight is delayed or early. It is noteworthy that 99% of our customers only pay fixed booking price
• It is your responsibility to inform Esskay Cars if you could not locate the passenger
• Please let us know well in advance at least 2 or 3 days before if you have any appointment or holiday plan (least 12 hrs exceptional other than emergencies)
• Please note if you want to leave the work with us you will need to give us notice before two week in advance and balance will be clear in next two weeks because of any fine and penalties related to any jobs you done.
• No Notice No deposit or balance will be paid as it will be a breach of contract
• If Jobs been reallocated/ cancelled so please remove it from your system. The Boss will be notified about the change of driver/ Refusal and you may be penalised for rejection. To avoid with future bookings, please ensure you inform your availability at least 12 hr so bookings make live as soon as they Esskay Cars on our dashboards
Meet & Greet must be Inside Arrival Airport Terminal, if not inside in 17 minutes driver fine may be imposed £20 ( other than ask from office/customer) All risk is yours in case of complaint
• Keep Checking Live Flight Arrivals and arrive airport at landing time (NO Controller responsibility)
• No jeans, no Trainers, no Huddles
• Must sure that Vehicles full tank of petrol/diesel as with customer is not allowed to stop and refill the tank
• Always look after the customer, car should be neat and clean, Flight track yourself Read the Job Text thoroughly (baby seat, cash or account job, number of passenger l and Luggage saloon estate or mpv )
• Try to accommodate customer yourself if he want to change or edit the job let us know,
• Always provide us the feedback in relate to customer
• Please ensure clean all crockery after use otherwise you will not find anything to use again and put all rubbish in bin don’t leave your food in Office
Fixed price Rides must not differ from the drivers chosen route any deviation will result in the journey reverting to a fare decided by Esskay Cars Minicabs.com will decide charges after considering the extra mileage and delay instigated either by the prevailing traffic conditions or by passenger.
It is advised that you save our office phone number 02078400344 Esskay and e-mail Info@Esskaycars.co.uk.
Any mistake / errors / confusion made by driver for his/her self or on behalf of someone else of the Private Hire Booking will result in a charge of a minimum of £20.00 dependent upon the severity of the fouling.
Management
Esskay Cars
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