Terms & Conditions

Terms & Conditions

These terms and conditions constitutes the Agreement concerning the provision of private hire services (“Service”) between you and Claremont Cars Limited.  Completion of a booking whether verbal or written (including e-mail) and use of the Service indicates your unconditional acceptance of the terms and conditions set out in this Agreement.  Please note; calls are recorded and may be used to check the details of any telephone bookings.

1.    Definitions

“Claremont Cars” means Claremont Cars Limited (Company Number 6458315) of Crofton House, Station Approach, Claygate, Surrey, KT10 0PB. Email:  claremontcars@yahoo.co.uk

 “You” and “your” means any individual, company or other business that places the booking with us.

2.    Booking

2.1    You must allow sufficient time when booking your taxi to allow for travelling time to the pickup address in the case of out of area pickups and for airport bookings, the check-in times required by your airline and for any delays caused by traffic conditions.  Claremont Cars shall not be responsible for any delay caused by your failure to allow enough time to reach your destination or if the passengers are not ready for collection at the booked time.
2.2    You must order a suitable car size for the number of passengers and luggage.  Claremont Cars cannot guarantee to carry excessive amounts of luggage. Please note that a child, no matter what age, counts as one passenger.

2.3  Please be aware that we are not always able to dispatch a vehicle immediately, especially at the busiest times, which as a general rule are between 04:00 and 09:00 weekday mornings, 16:00 to 20:00 weekday evenings and Saturday nights. The customer accepts that Claremont Cars cannot guarantee the immediate availability of vehicles.

2.4    Bookings are accepted by e-mail but emails are only read during normal office hours.  If your booking is required within the next 24 hours, it is preferable to telephone rather than e-mail.  PLEASE NOTE: UNLESS YOU RECEIVE A CONFIRMATION E-MAIL, PLEASE ASSUME THAT YOUR BOOKING HAS NOT BEEN MADE.

 

2.5       For app bookings, it is the responsibility of the customer to enter full and correct pick up and drop off details.  Bookings resulting in a ‘no pick up’ due to incorrect details will be chargeable in full.

2.6    If you need to transport a folding wheelchair please specify this at the time of booking.

3.    Prices & Payment

3.1    If requested, Claremont Cars will give you a quotation based on the information supplied by you.  Unless otherwise stated all prices are based on cash payment to the driver at the end of each journey or, in the case of account prices,  exclusive of VAT which, if applicable, will be charged in addition.  Claremont Cars may amend the quotation if there is any material change to the original itinerary, the number of passengers, or the type or size of vehicle required. 

3.2    Payment can be made by cash, credit card or debit card. Payment by cheque is no longer accepted.

3.3    Fares do not include out of pocket expenses such as car park charges, congestion charge and tolls.  These will be added to the overall cost.  If it is necessary for the driver to park to facilitate collection of the passenger, this cost will be passed on to the passenger.  This is especially relevant for London and airport collections.

  1. Waiting Time

4.1    We allow approximately 10 minutes free waiting time for loading/unloading passengers for all bookings (other than airport picks ups).  Waiting time over and above this will be charged in accordance with the waiting time rates applicable at the time of booking.

4.2    In the case of airport collections only, the price will include a 45 minute waiting period after the driver arrives.  If you have hand luggage, we send the driver in at the landing time. In the case of checked in luggage, we wait 25 minutes (or longer upon specific request) before sending the driver into the terminal.  we monitor the flight (as advertised on the relevant airport website Claremont Cars will charge for waiting at its standard rates after the initial 45 minute period has expired.  Car parking charges are payable in addition to the standard fare. Claremont Cars will endeavour to check for flight delays before the driver leaves for the airport but accept no responsibility for changes made to landing times once the vehicle has been dispatched, nor in the event of the BAA website providing incorrect details or failing to update their website.

5.    The Service

5.1    You shall be responsible for the behaviour of all the passengers in the car during the journey. You will be charged £80 to cover cleaning costs in the unlikely event of the vehicle being soiled by any passenger.

5.2    Return bookings should not be given to the driver at the time of the take out but should instead be booked through to the office to avoid any misunderstandings/errors.

5.3    Eating, drinking and/or smoking in the cars are not permitted.

5.4    All children travelling during the journey should be restrained in a manner appropriate to their age, weight and height. Suitable child seats should wherever possible be supplied and fitted by the child’s parents. Such seats may be retained by the driver for use on the return journey. 

5.5   Claremont Cars will not carry more passengers than its insurance or licensing allows.

6.    Cancellations and Amendments

If you need to cancel your booking, please contact Claremont Cars as soon as possible.  If you cancel a booking after the vehicle has been dispatched then a charge may be incurred; the charge will be based on the distance/time that the allocated driver has travelled/spent prior to the point of cancellation.  If the driver is already at the pick up point then the full fare is payable. As a general rule journeys from airports are dispatched up to 60 minutes before flight arrival, journeys within the surrounding areas are normally dispatched up to 20 minutes before their due time and London area up to 3 hours before the collection time.  Cancellations by e-mail must be at least 24 hours prior to the booked time as it is not always possible to check the emails 24 hours a day. PLEASE NOTE, WE DO NOT ACCEPT CANCELLATIONS/AMENDMENTS VIA TEXT

7.    Liability

7.1    Claremont Cars shall use all reasonable endeavours to get you to your destination on time, but shall not be liable for any loss due to delays caused by road or traffic conditions beyond its control on the journey.  Under no circumstances shall Claremont Cars be liable (in contract, tort or otherwise) for any loss of profits, business or for any indirect or consequential loss whatever. 

7.2    All luggages are carried entirely at your risk.   Private hire drivers are not allowed to carry luggage within the passenger area of the vehicle as this will invalidate any  insurance claim.

7.3    Claremont Cars shall be entitled to cancel all services and provide refunds in the event of a declared national emergency, riot, war, fuel shortage, extreme weather or terrorist attack, or other circumstances beyond its control. If the car breaks down during your journey Claremont Cars will endeavour to arrange an alternative car to complete the journey as soon as practicable.

7.4    You shall indemnify Claremont Cars against all losses, costs, damages and expenses arising from any act or omission of any passenger in your party.

7.5    In the event of a passenger/s becoming unwell and vomiting in the vehicle, a fee will be incurred.  This is to cover the cost of a valet and allow for the fact that this vehicle will not be able to be used again for at least 24 hours.  This fee will be a minimum of £75.00 (plus VAT if applicable).

7.6    Neither party excludes or limits its liability for death or personal injury caused by negligence, or for wilful default or fraudulent misrepresentation or otherwise in any manner unenforceable by any applicable law.

8.    Termination

Claremont Cars will refuse or terminate any booking with immediate effect if it places any driver or vehicle at risk of damage, violence or abuse by you or by any passenger in your party and will ask all passengers to vacate the vehicle as soon as it is safe to do so.  No refunds will be given if the journey is terminated part way through the hire.

9.    Miscellaneous

9.1    Claremont Cars may subcontract its obligations under this Agreement.  You shall not assign, transfer or delegate any of your rights or obligations under this Agreement.

9.2    Claremont Cars may change these terms and conditions at any time by posting changes online.  Please review these terms and conditions regularly to ensure that you are aware of any changes. All existing bookings will be at the rate quoted or applicable rate in effect at the time of booking.

9.3    Claremont Cars shall store, process and use all information regarding your personal details in accordance with the requirements of the Data Protection Act 1998.

9.4    This Agreement represents the entire agreement between you and Claremont Cars in relation to its subject matter.  If there is any discrepancy between the terms of this Agreement and the quotation, the terms of this Agreement shall prevail.

9.5    Nothing in this Agreement is intended to confer any benefit on any third party, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise, and no third party shall have the right to enforce any rights under this Agreement except where otherwise agreed in writing.

9.6     Luggage. All luggage must be carried in the boot/trunk of the vehicle.  It is not permitted to carry luggage in the passenger compartment.

10.    Incorrect Bookings

10.1  In the event of a booking resulting in a no pick up, i.e. flights booked for wrong day, incorrect  details given, we will refer to any written confirmation or voice recordings taken at the time of the booking.  Where it is shown that incorrect details have been provided by you and a driver is dispatched to the pick up point, the full fare together with any subsequent charges such as waiting time, car park, congestion charge etc. is payable by you. A full breakdown of the charges will be provided.  All fares are payable directly to the driver concerned. 

However, if payment is not received, Claremont Cars Limited reserves the right to produce an invoice on behalf of the driver upon which VAT is applicable at the current rate.

11.   Disputes

11.1  This Agreement shall be construed in accordance with English law and you and Claremont Cars each agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or claim arising out of or in connection with this Agreement.  Our calls are recorded and these may be used in conjunction with the settlement of any disputes that may arise. 

12.   Conveying of children

UK law states that taxis are exempt from legislation relating to children travelling in a baby/child seat or booster. For Health and Safety reasons Claremont Cars are unable to provide any form of infant child seat. However, if you are booking a return journey and have your own child seat, we will store your child seat for the return journey, please note that the installation of the child seat must be carried out by you.   We will endeavour to supply a booster seat/s on request but this service cannot be guaranteed as your driver may not have time to collect one from the office prior to being despatched to collect you. 

  1. Account Facilities

All accounts are subject to VAT at the current rate. All jobs are invoiced at the end of each month and our terms are strictly 30 days from the date of invoice.  The minimum spend for account facilities is £100 per month (before VAT).

Where a dispute arises, only the value of the booking which is in dispute should be withheld until such dispute has been resolved.  The customer agrees to pay the balance of the invoice for the relevant month and only deduct the amount for the booking in question.

Claremont Cars reserves the right to withdraw credit facilities if the account becomes overdue or the monthly credit limit is exceeded.

In the case of non payment, Claremont Cars reserves the right to employ professional collecting agents to recover outstanding debts, costs of which will be charged to the debtor.

 

  1. Luggage

 

Please see below for vehicle sizing in relation to luggage:

Case sizes assume standard hold size cases of 23 kgs or 100 litres.

Any vehicle will also take 2 standard carry on bags (56x45x25 max)

  1. Data Protection

By booking with Claremont Cars Limited, you are agreeing to us electronically storing your personal details in accordance with data protection regulations and terms stated in our Data Protection Policy. (See Below)

 

  1. Introduction

Claremont Cars Ltd. needs to collect and use certain types of information about the Individuals or Service Users who come into contact with Claremont Cars in order to carry on our work. This personal information must be collected and dealt with appropriately whether is collected on paper, stored in a computer database, or recorded on other material and there are safeguards to ensure this under the Data Protection Act 1998.

  1. Data Controller

Claremont Cars Ltd. is the Data Controller under the Act, which means that it determines what purposes personal information held, will be used for. It is also responsible for notifying the Information Commissioner of the data it holds or is likely to hold, and the general purposes that this data will be used for.

  1. Disclosure

Claremont Cars Ltd. may share data with other agencies such as the local authority, funding bodies and other voluntary agencies. We do not disclose data to any other third party.

The Individual/Service User will be made aware in most circumstances how and with whom their information will be shared.  There are circumstances where the law allows Claremont Cars Ltd. to disclose data (including sensitive data) without the data subject’s consent.  

These are:

  1. Carrying out a legal duty or as authorised by the Secretary of State
  2. Protecting vital interests of a Individual/Service User or other person
  3. The Individual/Service User has already made the information public
  4. Conducting any legal proceedings, obtaining legal advice or defending any legal rights
  5. Monitoring for equal opportunities purposes – i.e. race, disability or religion
  6. Providing a confidential service where the Individual/Service User’s consent cannot be obtained or where it is reasonable to proceed without consent: e.g. where we would wish to avoid forcing stressed or ill Individuals/Service Users to provide consent signatures.

Claremont Cars Ltd. regards the lawful and correct treatment of personal information as very important to successful working, and to maintaining the confidence of those with whom we deal. 

 

Claremont Cars Ltd intends to ensure that personal information is treated lawfully and correctly.

 

 

To this end, Claremont Cars Ltd  will adhere to the Principles of Data Protection, as detailed in the Data Protection Act 1998.

Specifically, the Principles require that personal information:

  1. Shall be processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met,
  2. Shall be obtained only for one or more of the purposes specified in the Act, and shall not be processed in any manner incompatible with that purpose or those purposes,
  3. Shall be adequate, relevant and not excessive in relation to those purpose(s)
  4. Shall be accurate and, where necessary, kept up to date,
  5. Shall not be kept for longer than is necessary
  6. Shall be processed in accordance with the rights of data subjects under the Act,
  7. Shall be kept secure by the Data Controller who takes appropriate technical and other measures to prevent unauthorised or unlawful processing or accidental loss or destruction of, or damage to, personal information,
  8. Shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of Individuals/Service Users in relation to the processing of personal information.

Claremont Cars Ltd  will, through appropriate management and strict application of criteria and controls:

  • Observe fully conditions regarding the fair collection and use of information
  • Meet its legal obligations to specify the purposes for which information is used
  • Collect and process appropriate information, and only to the extent that it is needed to fulfill its operational needs or to comply with any legal requirements
  • Ensure the quality of information used

 

 

 

  • Ensure that the rights of people about whom information is held, can be fully exercised under the Act. These include:
    • The right to be informed that processing is being undertaken,
    • The right of access to one’s personal information
    • The right to prevent processing in certain circumstances and
    • The right to correct, rectify, block or erase information which is regarded as wrong information)
  • Take appropriate technical and organisational security measures to safeguard personal information
  • Ensure that personal information is not transferred abroad without suitable safeguards
  • Treat people justly and fairly whatever their age, religion, disability, gender, sexual orientation or ethnicity when dealing with requests for information
  • Set out clear procedures for responding to requests for information

 

  1. Data collection

Informed consent is when

  • An Individual/Service User clearly understands why their information is needed, who it will be shared with, the possible consequences of them agreeing or refusing the proposed use of the data
  • And then gives their consent.

Claremont Cars Ltd. will ensure that data is collected within the boundaries defined in this policy. This applies to data that is collected in person, or by completing a form.

When collecting data, Claremont Cars Ltd . will ensure that the Individual/Service User:

  1. Clearly understands why the information is needed
  2. Understands what it will be used for and what the consequences are should the Individual/Service User decide not to give consent to processing
  3. As far as reasonably possible, grants explicit consent, either written or verbal for data to be processed

 

  1. Is, as far as reasonably practicable, competent enough to give consent and has given so freely without any duress
  2. Has received sufficient information on why their data is needed and how it will be used

 

  1. Data Storage

Information and records relating to service users will be stored securely and will only be accessible to authorised staff and volunteers.

Information will be stored for only as long as it is needed or required statute and will be disposed of appropriately.

It is Claremont Cars Ltd.  responsibility to ensure all personal and company data is non-recoverable from any computer system previously used within the organisation, which has been passed on/sold to a third party.

6. Data access and accuracy

All Individuals/Service Users have the right to access the information Claremont Cars Ltd)holds about them. Claremont Cars Ltd  will also take reasonable steps ensure that this information is kept up to date by asking data subjects whether there have been any changes.

In addition, Claremont Cars Ltd

will ensure that:

  • It has a Data Protection Officer with specific responsibility for ensuring compliance with Data Protection

 

  • Everyone processing personal information understands that they are contractually responsible for following good data protection practice

 

  • Everyone processing personal information is appropriately trained to do so

 

  • Everyone processing personal information is appropriately supervised

 

  • Anybody wanting to make enquiries about handling personal information knows what to do

 

  • It deals promptly and courteously with any enquiries about handling personal information

 

  • It describes clearly how it handles personal information

 

  • It will regularly review and audit the ways it hold, manage and use personal information

 

 

  • It regularly assesses and evaluates its methods and performance in relation to handling personal information

 

  • All staff are aware that a breach of the rules and procedures identified in this policy may lead to disciplinary action being taken against them

This policy will be updated as necessary to reflect best practice in data management, security and control and to ensure compliance with any changes or amendments made to the Data Protection Act 1998.

 

 

 

 

 

 

 

In case of any queries or questions in relation to this policy please contact the Claremont Cars Ltd  Data Protection Officer:

Insert name and contact details of the Data Protection officer.   Theresa

Gibson

Data Protection Act 1998 – The UK legislation that provides a framework for responsible behaviour by those using personal information.

 

Data Protection Officer – The person(s) responsible for ensuring that Claremont Cars Ltd follows its data protection policy and complies with the Data Protection Act 1998.

 

Individual/Service User – The person whose personal information is being held or processed Claremont Cars Ltd for example: a client, an employee, or supporter.

 

Explicit consent – is a freely given, specific and informed agreement by an Individual/Service User in the processing of personal information about her/him. Explicit consent is needed for processing sensitive data.

 

Notification – Notifying the Information Commissioner about the data processing activities of Claremont Cars Ltd, as certain activities may be exempt from notification.

 

The link below will take to the ICO website where a self assessment guide will help you to decide if you are exempt from notification:  http://www.ico.gov.uk/for_organisations/data_protection/the_guide/exemptions.aspx

 

Information Commissioner – The UK Information Commissioner responsible for implementing and overseeing the Data Protection Act 1998.

 

Processing – means collecting, amending, handling, storing or disclosing personal information.

 

Personal Information – Information about living individuals that enables them to be identified – e.g. name and address. It does not apply to information about organisations, companies and agencies but applies to named persons, such as individual volunteers or employees within (GROUP).

 

Sensitive data – refers to data about:

  • Racial or ethnic origin
  • Political affiliations
  • Religion or similar beliefs
  • Trade union membership
  • Physical or mental health
  • Sexuality
  • Criminal record or proceedings

 

 

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