Terms and Conditions
Terms and conditions
1. Contractual Relationship
1.1 Westonbirt Schools is a trading name of Westonbirt Limited, which is a limited company registered in England and Wales (Company Number: 11297618), whose registered office is at 25-27 High Street, Corsham, England, SN13 0ES ('we', 'us' 'Westonbirt Schools').
1.2 These terms and conditions (the 'Terms'), together with your Booking made in accordance with the Terms, constitutes a contract for the Services between You and the Transport Service Provider which is entered into by You and by us acting as agent for and on behalf of the Transport Service Provider. We are not responsible for, and shall have no liability in respect of, any acts or omissions of the Transport Service Provider including, without limitation, any failure or delay to supply the Services or otherwise affecting the Journey which is caused by the Transport Service Provider.
1.3 These Terms shall apply to all contracts for the provision of our Services to the exclusion of all other terms and conditions.
1.4 No conduct by Westonbirt Schools shall be deemed to constitute acceptance of any other terms.
1.5 However You choose to book, it is important to understand how and when and with whom a contract is formed. The technical steps required for a contract to be formed are as follows. When we offer the Services on the Website, we are inviting You to make an offer to purchase the Services from the Transport Service Provider. You do not make this offer until You choose to do so by clicking 'Book Now' on our 'Payment Details' page.
1.6 You will have made us, acting as agent for and on behalf of the Transport Service Provider, an offer to purchase the Services once You have clicked 'Book Now'. We will have accepted this offer, acting as agent for and on behalf of the Transport Service Provider, once we have (i) received the necessary payment and (ii) emailed your Booking confirmation to You.
1.7 We may change the Terms from time to time and You are advised to check the Website to consider any changes to the Terms which apply to you and/or any Passenger.
1.8 Without prejudice to the provisions of clause 17, your purchase of the Services and the provision of the Services is subject to the corresponding laws of the country and/or state in which the Journey takes place.
1.9 The Terms apply to any Booking that You make on or through the Website, so You should make sure that You are aware of their contents. The Terms contain important exclusions and limitations of liability.
1.10 Your Booking on the Website is conditional on You accepting the Terms. If You do not agree with any part of them, You must not proceed with your Booking. By confirming that You wish to book the Services through the Website You indicate that You have read and understood and accept the Terms. If there is any part that You do not fully understand, or if You have a query about the Services, please contact us.
1.11 If You have any questions, please feel free to contact us. Please note that any contract referred to in the Terms will be with You and all correspondence will be sent to the address given by You during the booking process, even where a third party actually pays for the Services. For the avoidance of doubt, nothing contained in the Terms shall entitle any third party other than the Transport Service Provider to any benefit or rights pursuant to the Contracts (Rights of Third Parties) Act 1999.
Booking: means the booking of a Journey forming part of the Services.
You: means you, the person who makes a Booking.
Driver: means the person (or persons) allocated by the Transport Service Provider to drive the Vehicle throughout the Journey.
Drop Off Location: means the location set out in the Booking to which the Passengers are to travel.
Pick Up Location: means the location at which the Customer has agreed to meet the Vehicle and Driver.
Pick Up Time: means the local time (using the local time applying at the Pick Up Location) at which the Customer has agreed to meet the Vehicle and Driver.
Journey: means the travel between the Pickup Location and the Drop-off Location as agreed in the Booking, which shall include any subsequent additional and/or amended travel agreed between the Passengers and the Driver or Transport Service Provider (as appropriate).
Passengers: means the person(s) making the Journey (which shall be You and/or (if applicable) any other persons) and 'Passenger' shall mean any one of them.
Services: means the arrangement and supply of vehicle and driver transport services.
Transport Service Provider: means the supplier of the Vehicle and Driver for a Booking, details of which shall be supplied to You (and subject to any changes which may, at Westonbirt Schools' discretion, be made and notified to You at any time prior to the Pickup Time).
Vehicle: means the vehicle type to be used to complete the Journey set out in the Booking.
3. Our Obligations
3.1 We will endeavour to ensure that the Transport Service Provider allocates the Vehicle requested in the Booking to complete your Journey although we are unable to guarantee the make and model. When this is not possible we will use our reasonable endeavours to obtain a replacement Vehicle which is of the same standard as the Vehicle requested in the Booking.
3.2 We will provide the Transport Service Provider with details of the Booking.
3.3 Once we have received confirmation from the Transport Service Provider that your Booking can be fulfilled we will send a confirmation email and confirmation text message with your Booking details to the email address and phone number given during the booking process and take payment for the Booking.
3.4 No later than 24 hours prior to your Pick Up Time, we will send an email containing emergency contact details for the Transport Service Provider to the email address given during the booking process.
4. Your Obligations
4.1 Although we strive to ensure the accuracy of the information on this Website, neither we nor our affiliates, suppliers or agents can be held responsible by you, the Booker, for the accuracy of such information. The images displayed on our Website are for illustrative purposes only. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information provided on this Website.
4.2 You must ensure that you have provided us with full and accurate details of the requirements for your Booking, including, but not limited to, accurate timings (using the local time applying at the Pick Up Location) for the Pick Up Time, Pick Up Location, Drop Off Location and, where applicable, flight number, train times or ferry times.
4.3 You must ensure that you check that your Booking details are complete and accurate.
4.4 You must ensure that the Passengers have reserved sufficient time to reach your/their destination when arranging the Pickup Time, taking into consideration the possibility of delays caused by traffic accidents or congestion, the weather conditions, or local events.
4.5 You must ensure that the Passengers are at the Pickup Location at the Pickup Time.
4.6 You must provide us with valid contact information to enable us to contact you if necessary and provide you with information regarding your Booking.
4.7 You must ensure that you and/or the Passengers (as appropriate) have a telephone, with the contact number you have provided, switched on and with you and/or the Passengers (as appropriate) at the Pick Up Time and for the duration of any waiting time as set out at clauses 6.3 and 6.4.
4.8 You must ensure that any Passengers under the age of 16 are accompanied by a responsible adult.
4.9 All Passengers must be fit to travel. Drivers, acting reasonably, reserve the right to refuse the Services to any person who is considered unfit to travel, or who is abusive, intoxicated, underage, or if carriage of any such Passengers and/or luggage would cause the Driver to be in breach of any applicable traffic and/or road safety regulations, or may damage the Vehicle. We will not be liable for the completion of any travel arrangements, nor for any refund, compensation or any other costs whatsoever that You and/or any of the Passengers (as appropriate) may incur in such circumstances.
4.10 You must ensure that You have chosen the appropriate vehicle category for your needs. When choosing your vehicle category You should consider the number of Passengers travelling in the Vehicle and the amount of luggage space required and check that the Vehicle meets your needs.
4.11 You are responsible for ensuring that the Passengers comply with all provisions of the Terms where necessary or required to enable You to comply with the Terms, and You shall be liable for all acts and omissions of the Passengers.
5. Price and Payment
5.1 Except where You and/or any Passenger agree to changes to the Journey with the Transport Service Provider and/or the Driver, all tolls, congestion charges, taxes and gratuity charges are included in the price quoted on the Website and shown on the Booking. Any additional tolls, congestion charges, taxes and gratuity charges arising out of changes to the Journey must be paid by You or the Passenger, as appropriate.
5.2 You and/or the Passengers may be charged if changes are made to your Journey once the Passengers have been picked up by the Driver. Such additional charge will be agreed locally with the Driver and/or Transport Service Provider and paid to us or the Driver at the Pickup Time (by such means as we or the Driver or the Transport Service Provider shall indicate). The Driver and/or Transport Service Provider reserves the right to decline any unreasonable requests to amend the Journey and neither we nor the Driver nor Transport Service Provider shall have any liability to You if You make changes to the Journey that are not acceptable to the Driver and/or the Transport Service Provider.
5.3 We will pre-authorise (put a temporary hold on the full amount chargeable for your Booking, but no funds will be debited from your account at that time) when we receive your Booking.
5.4 We will take payment in full once we have confirmed your Booking with the Transport Service Provider.
6. Pick Up
6.1 You must ensure that, at the Pickup Time and at all times during the waiting times referred to in clauses 6.3 and 6.4, one of the Passengers has with them a telephone (or other similar means of communication) that is switched on and is contactable using the contact number provided during the booking process.
6.2 If the Pickup Location may not be easy to locate or apparent from the road, You must provide accurate details to assist the Driver locating the Passengers at the Pickup Location. The additional information should be typed in the 'Comments for the Driver' box in the Website, and should include, without limitation, information about unmarked roads, security gate arrangements or specific access and exit gates.
6.3 The Vehicle and Driver will wait for the Passengers for up to 45 minutes where the Pickup Location is at an airport.
6.4 The Vehicle and Driver will wait for the Passengers for up to 15 minutes where the Pickup Location is at any location other than an airport.
6.5 If the Passengers are unable to meet the Vehicle and Driver at the Pickup Time it is essential that You contact the Transport Service Provider as soon as possible to request to rearrange the Pickup Time. You acknowledge and accept that the Transport Service Provider reserves the right to decline any unreasonable amendments to the Pickup Time and/or the Journey.
6.6 If the Transport Service Provider is not informed of any desired change in arrangements by the Passengers, it is likely that the Vehicle and Driver will not be at the Pickup Location when the Passengers arrive (and in any event the Transport Service Provider is not obliged to agree to any such change).
6.7 Neither we nor the Transport Service Provider are responsible for failed Journeys if the details You have provided in the Booking are incorrect.
6.8 As the Transport Service Provider will have allocated a Vehicle and a Driver to a Booking, and the Driver will have incurred time travelling to and waiting at the Pickup Location, and travelling back from the Pickup Location, You acknowledge and accept that in the event of a failed Journey due to:
6.8.4 the Passengers requesting unreasonable amendments to the Pickup Time or the Journey; or
6.8.5 any other cause by You or the Passengers
You will not be entitled to any refund in relation to the Booking and neither we nor the Transport Service Provider shall have any liability whatsoever to You or any Passenger in respect of the failed Journey or the Booking.
7. Special Requests
7.1 If any Passengers have any special requests relating to the Booking or require additional equipment, this should be notified to the Customer Support Team at the time of Booking or no later than 2 working days before the Pick Up Time. Please Note that any special requests or additional equipment cannot be guaranteed.
7.2 Any additional charges incurred as a result of any special requests or requirements for additional equipment will be notified to you by the Customer Support Team and will be payable to the Transport Service Provider at the end of the Journey.
8.1 If the Passengers need to make changes
8.2 If We need to make changes
Occasionally it may be necessary for changes to be made to the Booking (after acceptance). In all such cases we will advise You as soon as reasonably possible before the Pickup Time and, if the proposed changes are unacceptable, You may cancel the Booking without incurring any cancellation fee although You shall not be entitled to cancel the Booking if the only change relates to the identity of the Transport Service Provider (which we are entitled to do at any time prior to the Pickup Time). In any case we shall have no liability in respect of any direct or indirect losses You may suffer as a result of such changes or cancellation.
9.1 If any Passenger is not satisfied with the Booking or the Journey in any way or You wish to make a complaint, You should report this to the Westonbirt Schools Customer Support Team as soon as possible.
9.2 We know that on occasion, You may feel that your complaint has not been resolved to your full satisfaction, so if You are not happy about the way in which we have handled your complaint, You may refer your complaint to an independent Alternative Dispute Resolution (ADR) provider; Small Claims Mediation (UK) Limited (http://www.small-claims-mediation.co.uk/) is accredited by the Civil Mediation Council and listed on the Ministry of Justice online directory of mediation providers. As we aim to resolve all of our disputes internally, we are not obliged to submit to an ADR procedure operated by any independent ADR provider.
9.3 You may use the European Commission's online platform to resolve your dispute, which can be found at http://ec.europa.eu/consumers/odr/.
10. Limitation of Liability
10.1 If we fail to comply with our obligations under the Terms, we may be responsible for loss or damage You suffer that is a foreseeable result of our failure or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable only if it is an obvious consequence of our failure or if it was contemplated by You and us at the time the Booking.
10.2 Subject to clause 10.4, neither we nor the Transport Service Provider shall be liable to You or any Passenger, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any indirect losses of whatever nature, whether or not they arise out of any other loss or damage suffered by You or any Passenger. Furthermore, neither we nor the Transport Service Provider shall be liable for any loss of profits, loss of opportunity, loss of goodwill or consequential losses, damages or costs.
10.3 Subject to clause 10.4, the aggregate limit of our liability and the Transport Service Provider's liability to You and any Passengers, however arising under the Terms or in respect of a Booking or Journey shall in no circumstances exceed the cost of the Booking.
10.4 Nothing in the Terms exclude or limit liability for (i) death or personal injury caused by the negligence of the liable party, or (ii) fraud or fraudulent misrepresentation, or (iii) or any other liability which cannot be limited or excluded by applicable law.
10.5 Except as expressly stated in these Terms, no representation, warranties or undertakings are given in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, no responsibility is accepted for ensuring that the Services are suitable for your purposes (which remains solely your responsibility).
11. Events Outside of Our Control
11.1 A 'Force Majeure Event' means any event which is unforeseen or otherwise beyond the reasonable control of the party in question including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or a transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm, unavoidable technical problems with transport, closure or congestion of airports or ferry ports or other locations, cancellation or diversion of scheduled flights, or other journeys, or financial failure of airlines or other transport providers or any act or omission of any party (other than the party in question).
11.2 Neither we nor the Transport Service Provider shall have any liability for or in respect of any failure to perform or any delay in performing any of our respective obligations under or pursuant to a Booking, a Journey or these Terms, if and in so far as performance is delayed, hindered or prevented by a Force Majeure Event.
11.3 In the event that a Force Majeure Event persists within 2 (two) working days of the Pickup Time we may terminate and withdraw the Booking by giving You not less than 24 (twenty four) hours' notice, and refunding all amounts paid by You to us in respect of the Booking prior to the Force Majeure Event.
11.4 In the case of Vehicle breakdown or mechanical difficulties it is the responsibility of the Transport Service Provider to make all necessary arrangements to ensure that the Journey can be completed as soon as reasonably possible, providing it is safe and feasible to do so.
12.1 You may cancel a Booking in accordance with clause 12.2 free of charge until such time prior to the Pickup Time as is specified by us in the booking process on the Website (which will be a time between 2 (two) and 24 (twenty four) hours prior to the Pickup Time, depending upon the identity of the applicable Transport Service Provider).
12.2 You may cancel a Booking by either (i) telephoning the Westonbirt Schools Customer Support Team and confirming the cancellation verbally in that telephone call or (ii) by using the online cancellation process on the Website (to cancel, You should click on the 'My Booking' button found at the top right hand side of the Website and enter in your email address and the Booking details provided in the confirmation email and/or confirmation text).
12.3 If a Booking is cancelled by You later than the applicable time referred to in clause 12.1 the Booking will be charged in full regardless of whether the Journey has been made.
12.4 We have the right to cancel the Booking upon limited or immediate notice in any circumstances, including but not limited to the insolvency of a Transport Service Provider. In circumstances where we cancel due to issues related to the Transport Service Provider and/or the applicable vehicle which was due to be used for the Journey we will use our reasonable endeavours to arrange for the supply of an alternative vehicle, but at periods of high demand it may not be possible. Where we notify You of cancellation of the Booking 48 hours or less before Pickup Time, You will receive a return of all monies already paid by You in respect of the Booking.
13. Refund Policy
13.1 If the Vehicle and Driver is not at the Pickup Location at the Pickup Time or the Journey is not completed as agreed in respect of the Booking (other than as a result of a Force Majeure Event and save where You or any Passenger cause the Journey not to be so completed), You can apply for a refund.
13.2 To be eligible for a refund, You and/or the Passengers (as applicable) must have complied with your Obligations as set out in the Terms.
13.3 To make a refund claim, You should write to email@example.com providing us with an email address, the Booking details provided in the confirmation email and/or confirmation text and full details and circumstances giving rise to the refund claim within 14 days of the Pickup Time.
13.4 We will process all refund claims without unreasonable delay however we reserve the right to fully investigate the circumstances and correspond with the Transport Service Provider. Therefore it may take up to fourteen working days to process your refund claim, especially if different time zones and office hours are involved.
13.5 The processing time set out above in clause 13.4 is subject to the accuracy and clarity of the refund claim and the timeliness of your responses to any additional questions.
13.6 If your refund claim is accepted it will take up to three working days for the refund transaction to be carried out.
13.7 Westonbirt Schools is not obliged to process any refund claims which are not made in writing to firstname.lastname@example.org within 14 days of the Pickup Time.
14. Website Conditions of Use
14.1 It is prohibited for anyone to use any device or software program to directly or indirectly interface, or attempt to interface, with this Website to retrieve content and/or any other data, including prices. It is also prohibited to interfere, or attempt to interfere, with the normal working of this Website; any activity that we consider places undue load or stress on our systems will be terminated. We constantly monitor everyone accessing our Website, and the activities of any automated systems or persons conducting an unreasonable amount of searches, with the aim of accessing information and/or prices, will be terminated and those systems/persons blocked from our Website. Your use of the Website indicates your agreement to be bound by these Conditions of Use.
15. Data Protection
17. Law and Jurisdiction
To the fullest extent permitted, the Terms are governed by the laws of England, and all parties shall be subject to the non-exclusive jurisdiction of the courts of England.
The General Information and terms and conditions stated are correct at the time of going to press.
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