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01306 772222
Terms & Conditions
DEFINITIONS AND INTERPRETATION
“Account” means a customer account which has been opened by Magnum Cars Dorking Limited ('MCD') in respect of a particular Customer and which is identified by way of an account name (the “Customer Account Name“), allocated to the Customer and under which MCD extends credit terms to the Customer enabling such Customer to pay on a periodic basis, based on statements of account provided by MCD (or as otherwise agreed under the Account agreement).
“Account Booking” means a Booking that is:
(i) made through an Account; and
(ii) fulfilled by MCD (or one of its Affiliates).
“MCD” means Magnum Cars Dorking Limited, registered in England and Wales with company number 11716127, and whose registered office is at Station House, Station Approach, East Horsley, Surrey KT24 6QX (or such of its subsidiaries or affiliate companies which provide Services to Customers under these Terms).
“Booking” means a booking made by a Customer for Services, howsoever communicated to us, as evidenced by our records.
“Business Day” means a day (excluding Saturdays, Sundays and public holidays) which is also a day on which clearing banks in the City of London are open for the conduct of sterling banking business.
“Cancellation Fee” means the Charge payable by a Customer for the cancellation of Services by the Customer as determined by MCD.
“Card Payment” means payment in relation to a Booking by any means other than by cash or cheque, including but not limited to credit card, debit card, Apple Pay and PayPal payments.
“Charges” means the charges:
(i) shown in the Price List or other published literature;
(ii) communicated to the person making the Booking; or
(iii) for certain Account Bookings, the price calculated in accordance with charge rates agreed between MCD and the Customer (in each case as applicable)
“Christmas Period” means between 18:00 hours on 24 December to 23:59 hours on 26 December, in any year, and from 18:00 hours on 31 December to 23:59 on 1 January, in any year.
“Collection Address” means the address stated by the Customer at the time of making the Booking as the address from which the Vehicle shall collect the Customer, any Passengers or the Goods.
“Contract” means a contract, which includes journey details, for the provision of Services to Customers in respect of either:
(i) Account Bookings (where the Customer contracts with MCD);
(ii) Non-Account Bookings (where MCD acts as a disclosed agent of the Driver to arrange the Services and the Customer contracts directly with the Driver as principal); and
(iii) Network Bookings (where MCD acts as a disclosed agent of an Affiliate to arrange the Services and the Customer contracts directly with the Affiliate as principal), in each case on the terms and conditions (as may vary from time to time) notified to the Customer either at the time of making the Booking or as part of the process of opening an Account. Each such Contract shall incorporate these Terms.
“Courier Vehicle” means a vehicle used for the carriage or delivery of Goods.
“Courier Services” means:
(i) the carriage or delivery of Goods in the UK; and
(ii) the delivery of Goods nationally or internationally.
“Customer” and “You” means any person(s), firm or company which books Services.
“Destination Address” means the address stated by the Customer at the time of making the Booking as the address to which the Vehicle shall deliver the Customer, any Passengers or the Goods.
“Driver” means any person who drives a Passenger Vehicle or Courier Vehicle.
“Affiliate” means a third party private hire company.
“Goods” means any goods transported by us pursuant to a Contract.
“Minors” mean children of less than 14 years of age.
“Network Booking” means a Booking:
(i) For Passenger Services; and
(ii) That is fulfilled by an Affiliate.
“Non-Account Booking” means a Booking that is:
(i) Not made through an Account; and
(ii) Arranged by MCD as agent for the Driver,
Where the Customer elects to pay by cash, online bank transfer or Card Payment.
“Passenger(s)” means the Customer and such persons who the Customer shall authorise and/or permit to make use of the Passenger Services by travelling in a Passenger Vehicle. By agreeing to or using the Services, each Passenger agrees to be bound by these Terms.
“Passenger Services” means the transportation of Passengers by a Passenger Vehicle.
“Passenger Vehicle” means any vehicle used for the carriage of Passengers.
“Price List” means the list maintained by us of our Charges relating to the Services from time to time.
“Restricted Street” means any location subject to any parking law or regulation prohibiting any Vehicle waiting during prescribed hours.
“Services” means:
(i) Courier Services;
(ii) Passenger Services; and
(iii) any other services agreed in writing between us and the Customer from time to time.
“Terms” means these terms and conditions, as amended from time to time.
“Vehicle” means a Passenger Vehicle or a Courier Vehicle.
“Waiting Time Charge” means the Charge payable by the Customer to us in accordance with clauses 3.1.4 or 6.8 as detailed in the Price List.
“We”, “we”, “Our”, “our”, “Us” and “us” means:
(i) in relation to Account Bookings, MCD;
(ii) in relation to Non-Account Bookings, the Driver performing the Services; and
(iii) in relation to Network Bookings, the Affiliate which is performing the Services.
“Writing” and “Written” means any written communication including email and SMS.
GENERAL
1.1 All and any business under taken by MCD shall be transacted solely on the conditions herein set out. Each condition shall be deemed to be incorporated in and shall be a condition of any agreement between MCD and the Customer. MCD's acceptance of the Customer's order is conditional on the Customer agreeing to the contract subject to these terms and conditions of service to the exclusion of all others.
1.2 By placing a booking with MCD for services the customer is presumed to have agreed to these terms and conditions of hire without modification. The unenforceability or invalidity of one or more of these terms and conditions or part thereof shall not affect the enforceability or validity of any other term and condition or remainder thereof.
1.3 MCD accepts no responsibility for any delays howsoever caused.
1.4 The driver will drive at reasonable speeds according to his judgement of road conditions and traffic at any particular time.
1.5 When a Customer desires to travel to a particular place, the driver will, unless otherwise instructed by MCD, or the Customer, travel by the route which is, in his opinion, the shortest and most convenient for motoring. No allowance will be made to the Customer to dispute the route taken once the journey has come to an end.
1.6 The Customer will be liable to pay the charges in full upon completion of the journey.
1.7 Any issues pertaining to payment must be clarified by the Customer before making the booking. Any change of destination not agreed between the Customer and driver/MCD beforehand may result in an additional charge to the Customer.
1.8 All bookings are subject to car park charges and waiting time charges (charged on 15 minute increments).
1.9 If the Customer fails to appear at the time and place designated as the pickup point, all monies paid will be deemed non refundable, unless a change of venue has been arranged with MCD with sufficient notice.
1.10 The consumption of food and beverages is strictly prohibited in MCD's vehicles at all times, with the exception being the driver's discretion.
1.11 Any requests for specific vehicle(s) must be confirmed by the Customer during the booking process, however, MCD reserves the right to change vehicle or driver at any time necessary.
1.12 A reasonable amount of ordinary passenger luggage is allowed, however luggage which in the opinion of the driver amounts to being excessive will be carried only upon the discretion of the driver and is subject to additional charge.
1.13 MCD accepts no responsibility for any loss or damage to any luggage or property carried in or on the car.
1.14 Every effort will be made to carry out the booking but its due performance is subject to cancellation by us or to such variation that we may find necessary, or as a result of inability to secure drivers and/or cars, or as a result of any act of god, war, strike, lockout or any labour dispute, fire, flood, drought, legislation or other cause(s) beyond our control.
1.15 These terms and conditions are governed by English law.
1.16 MCD reserves the right to alter/change these terms and conditions at any time it deems appropriate.
BOOKING TYPES
2.1 Account Bookings
2.1.1 Prior to making any Account Booking, the Customer must first open an Account with MCD. The Customer must agree to provide MCD valid credit/debit card details to hold against that account.
2.1.2 MCD reserves the right to charge the Customer any outstanding sum(s) on his/her credit/debit card (which is on file with MCD or has been used to make previous payments), if the Customer fails to acknowledge MCD's reasonable requests for any amount that is outstanding.
2.1.3 When making any Account Booking, the Customer must quote the Account Name. If the Customer fails to do so, MCD shall not be obliged to perform the Booking and may, at its own discretion treat the Booking as a Non-Account Booking.
2.1.4 MCD shall be entitled to treat any Account Booking made quoting the Account Name as duly authorised by the Customer and the Customer shall be liable in respect of all Charges relating thereto.
2.1.5 In consideration of performance of Services in relation to Account Bookings, the Customer shall pay the Charges, the administration fee and any other applicable charges (without set off or deduction), as invoiced by MCD, within 21 days (or such shorter period as we in our absolute discretion notify to you) of the date of an invoice (the “Due Date”).
2.1.6 Payment shall be made by direct debit or alternatively by BACS to such bank account as notified to the Customer by MCD.
2.1.7 MCD shall be entitled to charge an administration fee in relation to Account Bookings of up to 5% of the Charges unless otherwise agreed with the Customer.
2.1.8 MCD shall invoice the Customer each month in respect of Services performed in relation to Account Bookings during the previous month or at such other intervals as may be agreed by the parties in writing. Each invoice will be accompanied by a statement detailing the Services invoiced.
2.1.9 In the event of non-payment of any Charges by the Due Date, MCD shall be entitled to charge and the Customer shall pay interest at a rate of 8% per annum on any amount outstanding until payment is made, both before and after any judgement.
2.1.10 MCD may, at any time, set a limit on the total credit given to any Customer at any one time, and we shall not be obliged to perform Account Bookings once that limit has been reached. Any such limit shall be notified to the Customer either verbally, or in writing by MCD.
2.1.11 Any dispute in respect of the Charges shall be submitted, in writing, within 14 days of receipt by the Customer of the relevant invoice.
2.1.12 When an Account is terminated, by any means whatsoever, the Customer shall pay to us all outstanding Charges which are owed to us as at the date of termination.
2.1.13 In respect of an Account Booking, the Customer contracts with MCD for Services.
2.2 Non-Account Bookings
2.2.1 In the case of Non-Account Bookings, we act as the disclosed agent of the Driver for the purpose of arranging and agreeing Non-Account Bookings between the Driver and the relevant Customer. This means that the Driver enters into a Contract as principal with the relevant Customer on, and subject to, these Terms.
2.2.2 In consideration of the provision of Services in relation to Non-Account Bookings, the Customer must pay for the Services either directly to the Driver by way of cash or by way of Card Payment, which will be processed by MCD on the Driver’s behalf.
2.3 Affiliate Bookings
2.3.1 In the case of Affiliate Bookings, MCD acts as the disclosed agent of the Affiliate for the purpose of arranging and agreeing Affiliate Bookings between the Affiliate Partner and the relevant Customer. This means that the Affiliate Partner enters into a Contract as principal with the relevant Customer on, and subject to, these Terms.
2.3.2 Affiliate Bookings relate to the provision of Passenger Services only. In consideration of the provision of Passenger Services in relation to Affiliate Bookings:
(i) that are not made through an Account, the Customer must pay for the Passenger Services by way of Cash, or Card Payment, which will be processed by MCD on the Affiliate Partner’s behalf.
(ii) that are made through an Account, payment will be made to MCD in the same manner and at the same time as set out in clauses 2.1.4 through to 2.1.6. Clauses 2.1.1 to 2.1.11 apply equally to Affiliate Bookings that are made through an Account.
Where applicable, VAT (where chargeable depending on the individual VAT status of the Affiliate Partner) may be added to such Charges.
2.3.3 MCD will inform you, where possible, when a Booking for Passenger Services will be fulfilled by an Affiliate Partner (and is therefore an Affiliate Booking).
3.1 Passenger Services – Fees and Charges
3.1.1 The price quoted to the Customer at the time of making the Booking shall be calculated on the journey specified by the Customer at the time of booking (the“Quoted Journey”). The price quoted by us shall be based upon our chosen route between the Collection Address and the Destination Address (via any other pick-up points or drop-off points stated by the Customer at the time of making the Booking). Where specific charge rates have been agreed by MCD for Account Bookings, the price quoted for Account Bookings will be in accordance with such rates. These will not normally be communicated to persons making an Account Booking unless the Customer requires it.
3.1.2 You may elect to make an “As-Directed Booking” provided your journey:
(i) is within the general Dorking Area;
(ii) is restricted to a driving distance of less than 5 miles in any 1 hour period of hire; and
(iii) has a minimum of 3 stops in the period of hire, where the Customer or any Passenger directs the Driver for the period of hire (“As Directed Booking”). If the Booking does not meet each of the criteria listed at 3.1.2(i), 3.1.2(ii) and 3.1.2(iii) above, the Quoted Journey pricing structure described in Clause 3.1.1 shall apply. The As Directed Booking price is calculated in accordance with the Price List.
3.1.3 A Cancellation Fee will be chargeable where a pre-ordered Booking is cancelled less than 10 minutes before the booked time for collection. A Cancellation Fee will be chargeable where an “as soon as possible” Booking is cancelled 5 or more minutes after the booking is made. In addition, notwithstanding the cancellation time, where:
(i) a pre-ordered Booking, which is not an Affiliate Booking and where the Collection Address is outside Dorking is cancelled; or
(ii) a cancellation is made in relation to a Booking where the Vehicle involved is an S–Class Mercedes or comparable.
a Cancellation Fee will be payable.
3.1.4 In relation to the collection of any Passenger(s) from an airport, we will allow 60 minutes waiting time starting from the last known estimated arrival time of an inbound international flight and a domestic flight respectively. We reserve the right to charge the Customer a Waiting Time Charge (calculated as £20/hour, or £5 for every 15 mins), which shall, for the avoidance of doubt, include the first 60 minutes (as the case may be). For the purposes of this clause the “last known estimated arrival time” will either be:
(i) if the Customer provides a flight number at the time of making the Booking, we will monitor the relevant flight and alter the collection time accordingly; or
(ii) if the Customer does not provide a flight number, the time which has been specified by the Customer.
3.1.5 Collection of Passengers from airports, sea ports, international and domestic train terminals may incur parking charges in the event that the Driver has to park and/or wait to collect Passengers. All such charges incurred by the Driver shall be charged to the Customer and the Customer shall be liable to pay such charges in full.
3.1.6 In the event that the Customer or any Passenger (other than an unaccompanied Minor) requires us at the beginning of or during the course of the Quoted Journey to make any additional or alternative pick-up(s) or collection(s) of Passenger(s) or to drop off Passengers at any locations other than as specified in the Quoted Journey or to take any variation from the Quoted Journey or follow a route other than our chosen route, additional Charges may be applied by us. Any Passenger (other than an unaccompanied Minor) may amend the Quoted Journey by providing clear instructions to the Driver. We may (but we are not required to) obtain consent from the Customer for such amendment prior to agreeing the amending instructions.
3.1.7 In the event that the Customer requires more than four (4) passengers to travel in a Passenger Vehicle additional charges may be levied by us for the provision of a larger Passenger Vehicle or the carriage of additional Passengers in excess of four (4).
3.1.8 We reserve the right to charge the Customer a surcharge for all journeys made during the Christmas Period, such surcharge will be communicated to the person making the relevant Booking.
3.2 Passenger Services – General
3.2.1 We shall use reasonable endeavours to provide a Passenger Vehicle of the type specified by the Customer, and in the event that such a Vehicle is not available, a reasonable alternative vehicle, within any time for so doing given by us or within a reasonable time.
3.2.2 Customers must inform us at the time of making a booking if the Customer or any Passenger wishes to carry any domestic animals in any Passenger Vehicle. All domestic animals must be carried in a suitable locked box or cage, if appropriate and/or be suitably restrained. We reserve the right to cancel a Booking on arrival at the Collection Address if we have not been informed of the Customer’s requirement to carry an animal in the Passenger Vehicle. Guide dogs are exempt from this requirement and are permitted to be carried in any Passenger Vehicle.
3.2.3 Passengers are not permitted to smoke in any Passenger Vehicle (including Electronic cigarettes).
3.2.4 Passengers shall not play any musical instrument or broadcast recorded music in any Passenger Vehicle except with our written permission.
3.2.5 Passengers shall not consume alcohol in any Passenger Vehicle and we and the Driver reserve the right to decline carriage to any Passenger and/or require a Passenger to alight from a Passenger Vehicle who, in our opinion, is intoxicated.
3.2.6 The transportation of luggage in a Passenger Vehicle shall be permitted at our absolute discretion. Passengers shall remain responsible at all times for their luggage and shall load and unload their own luggage. Subject to clause 3.2.7, we may assist the Customer with the loading and unloading of his/her luggage from the Passenger Vehicle, at our sole discretion.
3.2.7 We do not accept any responsibility for the loss of or damage to any luggage which is transported in a Passenger Vehicle. The Customer acknowledges and accepts that any luggage stored in the Passenger Vehicle may move around during the journey and accordingly the Customer (and any Passengers) should take extra care when opening the luggage compartment of the Passenger Vehicle.
3.2.8 Passengers are required to comply with current customs laws and regulations and we shall not be responsible for any delays caused by any failure to comply with the same.
3.2.9 All Passengers are required to use seat belts at all times.
3.2.10 We will not allow unaccompanied Minors of less than 11 years of age to travel alone in a Passenger Vehicle. In exceptional circumstances and subject to the parent/guardian’s consent we may allow Minors over the age of 11 to travel unaccompanied. When making a Booking for any unaccompanied Minor the Customer must inform us that an unaccompanied Minor will be travelling. We do not accept any additional responsibility for any Minor who travels unaccompanied in a Passenger Vehicle.
3.2.11 We reserve the right to refuse to transport or cease to transport any Passenger who behaves in a disorderly, inappropriate (including excessive physical contact or display), threatening or abusive manner or who, in our absolute discretion, we consider a nuisance or a danger to our employees, agents, subcontractors or to fellow Passengers and may require such a Passenger to alight from a Passenger Vehicle and the Customer may be charged a Cancellation Fee. We are committed to providing Services in accordance with the Equality Act 2010. We may assist any Passenger who is not capable of boarding and alighting a Passenger Vehicle unaided, at our sole discretion but at the Passenger’s risk.
3.2.12 We may charge reasonable repair or cleaning charges plus £90 representing loss of earnings for the Driver in the event of spillages in or in the event that any Passenger vomits in or otherwise soils, contaminates or damages a Passenger Vehicle.
3.2.13 We shall not be responsible for any property left by Passengers in any Passenger Vehicle. Where property is found in a Passenger Vehicle it will be stored by us for a period of 28 days and thereafter we shall be entitled to return, sell, destroy or otherwise dispose of such property as we, in its absolute discretion, see fit.
COURIER SERVICES
4.1 Courier Services – General
4.1.1 We shall use reasonable endeavours to deliver all Goods consigned for delivery to the delivery address given by the Customer within any time for so doing given by us or within a reasonable period of time and any receipt obtained by us in respect of delivery of Goods shall be conclusive as to time and place of delivery.
4.1.2 The Customer warrants to us that all Goods consigned for delivery are adequately packed and labelled with the details of the identity and the address of the party to whom they are to be delivered as well as the return address of the Customer.
4.1.3 The Customer shall not consign for delivery and we shall not be required to undertake delivery of the following:
(i) any Goods which are radioactive, toxic, inflammable, explosive, noxious or otherwise of an inherently dangerous nature;
(ii) any Goods that have an intrinsic value of over £1,000 unless that value has been notified to us, in writing at the time of booking the Services and we have agreed to undertake delivery thereof in writing;
(iii) any Goods, the possession of which is illegal or which it is illegal to export under English Law or the law of any country to or through which delivery is to be made;
(iv) any Goods of a perishable nature that may deteriorate in transit;
(v) any Goods that are fragile and/or that are likely to be damaged in transit unless the precise nature of the Goods has been notified to us in writing at the time of making the Booking and we have agreed to undertake delivery thereof in writing; or
(vi) any bullion, precious metals, cash (coins or banknotes) precious stones, jewellery, antiques, works of art, livestock, animals or foodstuffs unless the precise nature of the Goods been notified to us, in writing at the time of making the Booking and we have agreed to undertake delivery thereof in writing.
4.1.4 Where the Customer consigns such Goods for delivery as are prohibited by clause 4.1.3:
(i) we shall be entitled to return, destroy or otherwise dispose of such Goods as we shall, in our absolute discretion, see fit and we shall have no liability to the Customer whatsoever in respect of such Goods howsoever arising, and
(ii) the Customer shall indemnify us in respect of all resulting costs, expenses and losses incurred by us.
4.1.5 We shall have absolute discretion in respect of any Goods consigned for delivery as to the means of delivery, route and method of delivery, handling, storage and transportation thereof unless agreed otherwise in writing. Delivery shall be complete when the Goods are delivered across the threshold on the ground floor of the Destination Address. Any Quoted Price shall not include negotiating stairs at either the Collection Address or the Destination Address.
4.1.6 We do not insure any Goods consigned for delivery. It is therefore the responsibility of the Customer to ensure that all Goods are appropriately insured. We accept no liability for any loss or damage to any Goods, subject always to clause 6.
4.1.7 Each delivery of Goods shall be accompanied by a delivery note which shows the date of the delivery and any other relevant information. Upon delivery of the Goods, the Customer, having had a reasonable opportunity to inspect the Goods, shall sign the delivery note as confirmation that the Goods have been delivered and that no damage has been caused to the Goods in transit. Where the Customer believes that the Goods have been damaged, the Customer should inform us without delay.
4.1.8 We shall not be responsible to pay any duty, tax or levy due or payable in delivering the Goods save where we have explicitly agreed this in writing at the time of accepting the Booking. Where we have paid any duty, tax or levy arising in delivering the Goods the Customer agrees to reimburse us these payments in addition to the Charges quoted for the Services.
4.1.9 An additional Charge may be levied for Bookings:
(i) performed after 11.00pm;
(ii) performed other than on Business Days; and/or
(ii) Where Goods have a dimension exceeding 3ft h x 3ft w x 3ft l.
Useful Information:
Bookings
+44 (0)1306 772222
info@magnumcarsltd.co.uk