Jake's cars - Conditions of Carriage
The following conditions apply whether or not a contract of carriage has been entered into as a quotation being offered or whether a contract has been made verbally or in writing. In these conditions of carriage, any reference to the company means Jake’s Cars.
1. Vehicles are hired subject to availability at time of receipt of order. There is no guarantee that the vehicle will perform a journey in a given time and the company shall not be accountable for any loss, inconvenience, or damage, which may arise, from any delay, detention or breakdown.
2. In the event of a national emergency, or force majeure or any unforeseen or unavoidable shortage of drivers or vehicles, the company reserves the right to cancel any booking without liability to the hirer. The company shall not be responsible for failure to execute this contract by reason of accident, fire, tempest, strikes, or any cause outside their control.
3. The right is reserved to subcontract a vehicle from another taxi or private hire operator.
4. The vehicle is constructed to carry the number of passengers licensed, and under no circumstances should the number of passengers exceed this. Every effort will be made to supply vehicles with the seating and facilities advertised. But they cannot be guaranteed to be available on the day of the journey.
5. Refreshments may not be consumed in any vehicle supplied.
6. Smoking is not permitted in any company vehicle.
7. Personal effects and luggage are carried at the owner’s risk. The person appointed by the hirer to be in charge of the party shall ensure the correct number of cases are taken into the vehicle and taken off at the destination. The company does not guarantee to accommodate items other than one medium sized suitcase for each passenger and small hand baggage; however every effort will be made to accommodate additional items wherever possible. Please refer to our office for guidelines. The company shall not be responsible for loss or damage to luggage or any other property bought on or to the vehicle during the period of hire however caused.
8. The driver is responsible for the safety of the vehicle and passengers, any person whose conduct is considered to be unacceptable or who is in an unfit state in the opinion of the driver, may be refused transport. In the event of the driver refusing transport; a cancellation charge will be made. it is the hirer's responsibility to ensure that all passengers are in a suitable state and condition to travel, this includes level of intoxication as well as cleanliness.
9. The hirer will be responsible for any damage caused to the vehicle by the passengers during the period of hire. The company reserves the right to withdraw all services in the event of unruly conduct by passengers or damage caused to company vehicles. Please note that in the event of the vehicle being soiled or wilfully damaged, due to passenger intoxication, the company reserves the right to charge a cleaning fee plus any losses.
10. The route taken between any two points is at the discretion of the company or driver, unless a prefered route is requested beforehand.
11. Unless otherwise stated, road tolls and parking are not included in the quotation and will be charged extra. Admission into events or attractions is not included in the cost of hire. The hirer is also responsible for porterage charges.
12. The vehicle may be withdrawn if the passengers are more than 15 minutes late, or 75 minutes at airports, except in exceptional cases or if contact is made. In the event of cancellation due to failure to contact Jake's Cars, the company accepts no liability for the cost of the alternative transport.
13. Lost property can be claimed from Jake’s Cars office, Wilkins House, 34 Station Road, Billingshurst. The company cannot be held responsible for the safeguard of items left on the company’s vehicles or premises.
14. In the event of cancellation by the hirer, the company reserves the right to charge a percentage of the value of the booking; up to 100% if cancelled with less than 6 hours' notice. Charges will not apply under special or exceptional circumstances. If the booking is cancelled after the vehicle has been dispatched or arrived at the collection point, a charge up to the full value of the fare may be charged. If the booking has not been cancelled but not undertaken, the company reserves the right to charge up to 100% of a booking value plus waiting time. Cancellation charges may not apply to postponements or an amendment providing the trip takes place.
15. The hirer must also take full responsibility for all costs incurred by the company as a result of curtailment before or during the trip and waiting either at collection or during to trip. Waiting time will be charged at the pick-up, after 5 minutes and at any stops en-route. Waiting time at airport collections will be charged after 60 minutes.
16. Animals cannot be carried on the company’s vehicles without the express permission of the proprietor. The company does of course make an exception for guide dogs.
17. Any complaints in respect of the company’s service should be made in writing within 21 days of the journey date by email only to email@example.com.
18. Notices or decorations shall not be displayed on, or from, the vehicles without prior consent of the company.
19. Drivers have the sole discretion as to the suitability of road or locations that a vehicle can enter or travel through. No liability can be accepted if a vehicle is unable to complete a journey due to the unsuitability of a road or location.
20. The company will not be liable for any loss, injury, damage or delay, where inclusive arrangements have been made incorporating other companies’ services. In any event the company will not be liable for claims beyond the value of the vehicle hire.
21. This contract shall not be cancelled or varied in whole or in part except by mutual consent of the company and the hirer. The company accepts no responsibility for the non-observance of any subsequent alterations the terms of contract notified either verbally or by telephone, unless confirmed in writing by the hirer so as to be received by the company, not less than one hour before the date of such journey. However, in event of the hirer not complying with the agreed terms of payment or conditions a vehicle hire may be terminated forthwith. The hirer will under all circumstances be responsible for any outstanding payments or liabilities contained within our conditions.
22. Orders are only accepted in that the law of England shall apply on the contract arising from such an order and to the determination of the rights and liabilities of the proceedings shall be brought by either party in relation to such contract except in a court of competent jurisdiction in England.