These terms and conditions apply to the contract between you (the Customer) and Eco Executive Cars Ltd (EEC) when it provides car services to you. These terms and conditions are divided into five sections as follows:
Company information:
Eco Executive Cars Ltd is a registered company – number 15622867 – and its registered address is 129 Broadway Didcot OX11 8XD.
Please read these terms and conditions carefully. Your application to register an account and your continued use of the Website and/or our App will constitute your acceptance of these terms and conditions.
SECTION 1
Eco Executive Cars Ltd ACCOUNT Bookings ONLY
1.1. In order to make bookings on account with Eco Executive Cars Ltd, you need to open an account using our account application form.
1.2. Your account application form, once filled in and sent to Eco Executive Cars Ltd, is an offer from the Customer to enter into a contract with Eco Executive Cars Ltd for the provision of the Services on an account basis. A contract will be concluded only upon issue by Eco Executive Cars Ltd to the Customer of written confirmation that the application has been accepted. Further information will be sent with details and terms of your contract.
1.3. Eco Executive Cars Ltd reserves the right in its absolute discretion, and without giving reasons, to reject an account application and to decline to enter into a contract.
1.4. A contract shall only be concluded on the terms and conditions contained in this Section 1 and Sections 3 and 4 of these terms and conditions. The contract shall be personal to both parties and absolutely non-assignable.
1.5. The Customer shall notify Eco Executive Cars Ltd of any change in the information provided on your account application form. Alterations take effect on the date of the email from Eco Executive Cars Ltd to the Customer confirming changes have been made.
2.1. Unless agreed otherwise, no bookings will be accepted by Eco Executive Cars Ltd unless the account name and other pre-agreed and pre-set account security information is quoted. The Customer is responsible for ensuring that the account name or other agreed account security information is kept confidential and secure and that it is not disclosed to any unauthorised person. Eco Executive Cars Ltd is entitled to assume that any person who correctly quotes the Customer’s name and/or account number or other agreed account security information has the authority to make the booking on behalf of the Customer.
2.2. The Customer is solely responsible for safeguarding the confidentiality of such information and shall be liable for the cost of all bookings made by any such person whether or not in fact authorised by it. Eco Executive Cars Ltd does not accept any liability for any unauthorised access to an account arising from a Customer’s failure to comply with clause
3.1. Unless agreed otherwise, invoices are emailed weekly to the email address provided and the relevant person indicated on the account application form. Each invoice only covers bookings up to the tax date stated on it.
3.2. Settlement in full is due 7 days from the invoice date unless otherwise agreed.
3.5. The Customer shall pay to Eco Executive Cars Ltd any reasonable expenses (including those charged by any debt collection agency) together with all legal and court costs incurred in the collection of any overdue payment, and the minimum charge in this respect shall be £10.
3.6. Pre-authorised payment can be set up by direct debit using the direct debit mandate provided with the application form or by providing relevant credit card details.
3.7. Queries must be notified in writing to Eco Executive Cars Ltd within 30 days of receipt of the invoice, after which date the Customer shall not be entitled to dispute the amount shown save for manifest or gross error.
SECTION 2
Eco Executive Cars LTD Non-Account Bookings
1.1. When you make a non-account booking with Eco Executive Cars Ltd, Eco Executive Cars Ltd is acting as an agent between you and the driver. Eco Executive Cars Ltd offers your booking to a driver, and when he accepts it, a contract is formed between you and the driver. That contract is subject to these terms and conditions.
1.2. In consideration for the driver carrying out your journey, you will pay that driver either directly by giving him cash or indirectly prepaying via App or card payment device in the car.
1.3. If pre-payment has been made, then refunds are not given for journeys cancelled with less than 2 hours’ notice.
1.4. Drivers may on occasion require cash payments to be made before a booking is undertaken.
SECTION 3
CONDITIONS APPLYING TO ALL OF ECO EXECUTIVE CARS LTD SERVICES
The terms and conditions contained in this Section 4 shall apply to the Services and bookings provided by Eco Executive Cars Ltd, and as a result apply in all cases in addition to the relevant terms and conditions set out in Sections 1 to 3 above.
1.1. Any quoted pick-up or journey times are best estimates only, and whilst it uses reasonable efforts to convey passenger(s) to their destinations in the shortest possible time, Eco Executive Cars Ltd shall have no liability if a pick-up or journey time exceeds any estimate given or otherwise exceeds the Customer’s or the passenger(s)’ expectations for whatever reason, nor shall Eco Executive Cars Ltd have any other liability to the Customer or the passenger(s) in connection with the time at which the passenger(s) reach or fail to reach the destination.
1.2. Eco Executive Cars Ltd shall only be liable for losses suffered by a Customer that are a direct result of a breach by Eco Executive Cars Ltd of these terms and conditions and, for the avoidance of doubt, Eco Executive Cars Ltd shall have no liability for any damage, loss, costs, claims or expenses (whether foreseeable or not) incurred or suffered by the Customer or the passenger(s) (other than in the event of death or personal injury) by virtue of eventualities or occurrences acts or omissions including on the part of the driver outside of the reasonable control of Eco Executive Cars Ltd.
1.3. It shall be for the Customer and/or the passenger(s) to ensure that valuable, unusual or any other items are covered by appropriate insurance. Eco Executive Cars Ltd cannot entertain any claim for loss of or damage to any such items.
1.4. If Eco Executive Cars Ltd cancels a booking, it shall have no liability to the Customer or intended passenger(s) if it has used reasonable endeavours to fulfil the booking and to notify the Customer of the cancellation.
1.5. If you are a business/account customer, please note that in particular, Eco Executive Cars Ltd will not be liable to you for:
1.6. If you are a consumer customer, you are only permitted to use the Website for domestic and private use, and not for any commercial or business purposes. EEC accepts no liability for any loss of profit, loss of business, business interruption, loss of business opportunity or any indirect or consequential loss or damage.
1.7. Any claim or complaint shall be notified by the Customer to Eco Executive Cars Ltd within 30 days of the date of the invoice containing the relevant booking for account bookings and within 30 days of the date of the journey for all non-account bookings.
1.8. Subject to the provisions of this clause 1 and except in the case of death or personal injury, Eco Executive Cars Ltd aggregate liability arising from or in connection with the provision of the Services to its Customers under these terms and conditions shall not exceed £500.
2.1. This clause 2 governs the Customer’s use of the Website (Terms of Use). Eco Executive Cars Ltd may revise these Terms of Use at any time. Please check this page from time to time to take note of any changes that have been made because any use of the Website will constitute an acceptance of these Terms of Use.
2.2. EEC may update the Website from time to time and may change the content of the Website at any time. However, please note that any of the content on the Website may be out of date at any given time, and EEC is under no obligation to update it.
2.3. EEC does not guarantee that the Website, or any content on it, will be free from errors or omissions.
2.4. There is no guarantee that the Website, or any content on it, will always be available or uninterrupted. Eco Executive Cars Ltd may suspend, withdraw, discontinue or change all or any part of the Website without notice and will not be liable to you if for any reason the Website is unavailable at any time or for any period.
2.5. You are responsible for making all arrangements necessary in order to have access to the Website and for ensuring that all persons who access the Website through your shared internet connection are aware of these Terms of Use and that they comply with them.
2.6. We do not guarantee that the Website will be secure or free from bugs or viruses.
2.7. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
2.8. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
2.9. Eco Executive Cars Ltd is the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2.10. You may print off one copy and may download extracts of any page(s) from the Website for your personal use, and you may draw the attention of others within your organisation to content posted on the Website.
2.11. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
2.12. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
2.13. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from EEC or its licensors.
2.14. If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.
3.1. Your information will be used in accordance with the Eco Executive Cars Ltd Privacy Policy.
3.2. You acknowledge that Eco Executive Cars Ltd is required by law to hold your information for specified periods of time.
4.1. Eco Executive Cars Ltd reserves the right within its reasonable discretion to terminate the booking if the Customer or passenger(s) behave in a threatening, abusive or dangerous manner or for any other reason. This may include (without limitation) if they damage or risk damage to the vehicle or property, or cause or risk injury to the driver, any passenger(s) or any other third party, and you agree to indemnify and hold harmless EEC against any loss, damage or liability (including legal costs) it suffers or incurs as a result of any claim brought against it by a driver or third party in connection with any such behaviour.
4.2. Without limiting the application of clause 4.1, the driver is entitled to refuse to transport animals or hazardous materials.
4.3. Eco Executive Cars Ltd will use reasonable efforts to transport a wheelchair or other necessary medical equipment, but in the event that the driver considers that this cannot be done safely or legally, Eco Executive Cars Ltd reserves the right to terminate the booking.
5.1. EEC is the data controller of any personal data you provide to it.
5.2. Eco Executive Cars Ltd will comply with all applicable data protection laws and regulations in relation to your personal data.
5.3. Further details of how we collect and use your personal data are set out in our Privacy Policy, which is available on the Website.
6.1. These terms and conditions may be varied by Eco Executive Cars Ltd from time to time without notice and any subsequent use of the Services will be governed by the new terms and conditions.
6.2. Any failure by Eco Executive Cars Ltd to enforce any right or provision of these terms and conditions will not be considered a waiver of those rights.
6.3. These terms and conditions constitute the entire agreement between Eco Executive Cars Ltd and the Customer and supersede and replace any prior agreement, understanding or arrangement between us, whether oral or in writing.
6.4. These terms and conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the law of England and Wales. You agree that the courts of England and Wales will have exclusive jurisdiction.
6.5. If you are a business customer, Eco Executive Cars Ltd liability will be limited to the sum of £500 in relation to any claim or series of claims arising out of the same incident or series of incidents. If you are a consumer customer, Eco Executive Cars Ltd liability will be limited to the sum of £500 in relation to any claim or series of claims arising out of the same incident or series of incidents.
6.6. Eco Executive Cars Ltd will not be liable for any indirect or consequential loss or damage arising out of or in connection with its provision of the Services.
6.7. In the event that any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
6.8. These terms and conditions do not create or confer any rights or benefits enforceable by any person not a party to them.
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