TERMS AND CONDITIONS
1- GENERAL
a. “We”, “Our”, “Us” and “Company” refers to Smooth Cabs Limited (Company number 13599734) and its staff.
b. “Driver Associates”, or “Drivers” refers to the self-employed licensed private-hire vehicle driver or self-employed licensed Hackney Carriage driver.
c. “You”, “Your”, “Client”, and “Customer” refers to the person, body, or business, making a booking or using our services.
d. “Service(s)” refers to the booking of any and all carriage and/or courier services with Driver Associates.
e. “Charges” means the total charges the Customer agrees to pay whether at the time of each relevant journey or the agreed rate with us, plus all other agreed charges including administration charges.
f. “CAF” refers to a Credit Account Facility.
g. “CAH” refers to a Credit Account Holder. h. The “Site” refers to our website.
i. “Relevant Licencing Authority” refers to the Licencing Authority or Licencing District who is responsible to licence the operator, the Driver Associate, and the vehicle.
IMPORTANT
Please only use our Service(s) if You agree to these TERMS AND CONDITIONS. If You use our Service(s) for booking a taxi for Your journey and/or applying for a CAF, then it is deemed that You have read and accepted these TERMS AND CONDITIONS. Smooth Cabs Limited reserves the right to alter these terms and conditions in any respect at its complete discretion. If We make any changes to our Terms and Conditions, then We will let You know by posting the updated Terms and Condition to our website.
2- CONTRACT
It is deemed that You have read and accepted these TERMS AND CONDITIONS before making a booking or applying for a CAF.
Pursuant to the relevant UK legislaKon and regulaKons, We provide You with booking services, which include:
a. processing bookings requested by You for transportation services while reserving the right to decline any request or cancel a booking at Our discretion;
b. keeping records of bookings;
c. remotely monitoring journeys; and
d. receiving and dealing with feedback, questions, complaints and helping with lost property enquiries relating to bookings.
Once You have made a booking, a Driver Associate will be assigned to the booking and is responsible for providing You with transport services.
3- CAF AND THE RIGHTS AND POWERS OF THE COMPANY
a. Smooth Cabs Limited reserves the right with absolute discretion, to reject a CAF application and to decline without giving reasons. We may make enquiries with credit reference agencies about Your credit application which may place a record of search on Your personal credit history.
b. We require a minimum deposit of £100 (one hundred pounds) to activate the CAF. In some cases, We may request a higher deposit. It is this Company’s policy not to give reasons for these decisions. Any deposit not used for outstanding invoices will be refunded to the CAH if the CAF is closed.
c. You will receive an account number to be used for all bookings.
d. Invoices will be delivered monthly.
e. The CAH agrees to pay any balance on the CAF in full within 30 days of the date of invoices.
f. Smooth Cabs Limited shall be entitled to charge interest and late payment fees to the CAH (individuals and businesses) for any unpaid balances of the CAF if not paid in 30 days. In the case of businesses this will be in accordance with the “Late Payment of Commercial Debts (Interest) Act 1998” as amended. In the case of individuals, We reserve the right to charge interest at the rate of 8% above the Bank of England base rate and late payment charges as follows:
i. for a debt less than £1,000, the sum of £40;
ii. for a debt of £1,000 or more, but less than £10,000, the sum of £70;
iii. for a debt of £10,000 or more, the sum of £100.
g. We do not accept any liability in any circumstances if the CAF is used unlawfully by anyone to book journeys except where We have been negligent. It is for You to keep Your account secure, and You agree to make any such payment to Us in full. If You believe Your account is compromised, You must contact Us immediately.
h. As CAH, You must notify Us without delay, should there be any change in the details We hold about You or Your business.
i. Smooth Cabs Limited reserves the right to terminate or suspend any CAF without reason. We may suspend Your account without notice. We will, however, issue a letter in writing to You, giving seven days notice prior to the termination of CAF. j. Upon termination of Your CAF, We agree to pay any remaining balances to You within 30 days.
4- LIEN
a. Without prejudice to the Company’s rights hereunder or arising otherwise howsoever, the Company reserves the right to exercise a lien over the Customer’s goods and/or property pending payment in full of outstanding invoices.
5- BOOKING & CANCELLATION
a. Smooth Cabs Limited provides booking services.
b. Bookings may be made by the following methods:
• Telephone
• Smooth Cabs Mobile App (IOS & Android)
c. Any pickup time or journey time provided to You are estimates only and are never guaranteed. You accept that We bear no responsibility for: – Late or non-arrival of the Driver Associate to Your pickup address and/or to the end destination that You booked with Us; or – Passengers who are travelling with You.
d. For each journey, the metered fare pricing is applicable, unless the rate has been agreed with Smooth Cabs Limited in advance. Fare meter pricing is provided by the relevant council. The Driver Associate will provide the fare meter pricing chart to You on request. Alternatively, please check the relevant Council’s website.
e. Bookings made by CAF incur a £1.00 (one pound) booking fee per journey and/or a 10% surcharge.
f. Where You keep the Associate Driver waiting for five (5) minutes or more after the due time at the pickup address then an additIonal charge for waiting will be added to the total of the journey either by fare meter in the vehicle or to the CAF.
g. If You or any passenger travelling with You leaves any property in a vehicle, We will bear no liability for any losses for any unlawful usage resultIng in financial loss. You are solely responsible for safeguarding any credit cards or bank account cards, cheques, account reference numbers, and other sensitIve informatIon such as passwords and email accounts.
h. You accept that We bear no liability for any cancellatIons.
i. The Client is liable for all charges incurred for the cancellatIon of the taxi if dispatch has occurred.
j. We have no liability of any kind for damage to Your parcel or package caused by the Driver Associate.
k. We only work with Driver Associates who are permitted by the Relevant Licencing Authority. We require that all Driver Associates renew their license annually, keep their vehicle properly maintained, with reference to Ministry Of Transport (MOT) checks and MEC (Mechanical Examination Check). The Drivers must also have an annual DBS (Disclosure and Barring Services) check and up-to-date Safeguarding certificates where appropriate.
l. Before making a journey, please verify the preferred route if there is one.
m. We recommend that You allow good time for Your journey calculating any unexpected delay and to arrive to Your destination at least 3 hours earlier than required.
6- YOUR PAYMENT
We accept payment by any of the following:
a. Bank transfer
b. To the Driver Associate and/or by contacting Our office at the end of the journey by credit cards such as Visa, Master Card, American Express and other major cards or bank account card.
c. CAF (Credit Account Facility)
d. Direct Debit
e. Cash
7- OUR WEBSITE AND ONLINE SERVICES
a. Submitting information to the site
i. While We try to make sure that the Site is secure, We do not actively monitor or check whether information supplied to Us through the Site is confidential, commercially sensitive or valuable.
ii. Other than any personal information which will be dealt with in accordance with Our Privacy Policy, We do not guarantee that information supplied to Us through the Site will be kept confidential and We may use it on an unrestricted and freeof-charge basis as We reasonably see fit.
b. Accuracy of information and availability of the site
i. We try to make sure that the Site is accurate, up-to-date and free from bugs, but We cannot promise that it will be. Furthermore, We cannot promise that the Site will be fit or suitable for any purpose. Any reliance that You may place on the informaKon on the Site is at Your own risk.
ii. We may suspend or terminate access or operation of the Site at any time as We see fit.
c. Any Content is provided for Your general information purposes only and to inform You about Us and Our products and news, features, services, and other websites that may be of interest, but has not been tailored to Your specific requirements or circumstances. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purposes. You should always use Your own independent judgment when using Our Site and its Content.
d. While We try to make sure that the Site is available for Your use, We do not promise that the Site will be available at all times or that Your use of the Site will be uninterrupted.
e. Hyperlinks and third-party sites
i. The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for Your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them.
ii. The display of any hyperlink and reference to any third-party advertising or website does not mean that We endorse that third-party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site and is at Your own risk.
8- THIRD PARTY SERVICES
In using the Services, You may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”). If You use any Third-Party Services, You understand that:
a. Any use of a Third-Party Service is at Your own risk, and We shall not be responsible or liable to anyone for Third Party websites or Services.
b. You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.
c. All telephone calls will be recorded for training and security purposes and We reserve the right to keep Your information pursuant to our privacy policy which is published on our website.
9- EXTENT OF SMOOTH CABS LIMITED LIABILITY
a. Smooth Cabs Limited shall use all reasonable endeavours to assist You with Your booking but under no circumstances shall Smooth Cabs Limited be liable for any damages or loss, including, without limitation, indirect or consequential damages, loss of profits, use of data or any damages whatsoever for any loss due to delays caused by any reason whatsoever including, but not limited to the late arrival of the Driver Associate to the pickup address or to the end address.
b. Smooth Cabs Limited accept no responsibility for the actions of any Driver Associate which may cause financial losses or damages. We shall not be liable directly or indirectly from breakdown, accident, adverse weather conditions, any act or omission on the part of the Customer, any clause, act or circumstance beyond the control of the Company. This includes, without limitation, any strike, (official or not) any form of industrial action, governmental regulations, legal restrictions, fire, flood, Act of God, any consequence of riot, war, invasion, acts of terrorism, rebellion, confiscation, inadequate or inappropriate packaging of goods.
c. You agree that in any circumstances where Smooth Cabs Limited does have liability to you in connection with any claim then Our liability will be limited to one hundred and fifty pounds sterling (£150).
d. Nothing in these terms excludes or limits Our liability for any death or personal injury caused by Our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow Us to exclude or limit.
10- COMPLAINTS
a. We will try to resolve any disputes You may have regarding Us or the Driver Associates quickly and efficiently. If You are unhappy with Us or the Associate Driver, please contact Us as soon as possible using the contact details here:
• Telephone: 01202 707070
• Email: admin@smoothcabs.co.uk
• Post: 36 Hunt Road Poole Dorset BH15 3QD
b. The laws of England and Wales apply to these Terms.
c. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.