Nicom chauffeurs

Terms and Conditions

1.    The contract between Nicom Chauffeurs and You

We must receive payment of the whole of the price for the services that you order before your order can be accepted. Once payment has been received by us, we willl confirm that your order has been accepted by sending an email or SMS confirmation to your lead passenger at the email address or phone number you provide in your order form for them. Our acceptance of your order brings into existence a legally binding contract between us and you.

2.    Price

2.1    The prices payable for the services that you order are as set out in our website.

2.2    We would highlight that the usual prices will be doubled on 24th, 25th, 26th & 31st December respectively together with 1st  January.

2.3    You will be required to pay for any additional services provided by us at your request including (but without limitation) additional drop-offs, pick-ups and waiting time. In relation to additional drop-offs and pick-ups the same will be subject to a charge per mile subject to a minimum fee of £5.00 for each such diversion.

2.4 We deserve the right to change prices without prior notice.

3.    Payment of the price

3.1    Payments can be made by you by way of the following methods:

3.1.1    Payment by cash to the chauffeur subject to you having previously provided us with details of an appropriate credit/debit card (note Amex is not acceptable by us) as security for the subsequent cash payment; or

3.1.2    Prepayment by credit/debit card (note that Amex is not acceptable to us).

3.1.3    Notwithstanding condition 3.1.1 at our absolute discretion we may require pre-payment pursuant to condition 3.1.2.

3.2    In relation to payment by debit or credit card an administration fee of 3% of the payment will be added to each such payment.

4.    Waiting time charges

4.1    In cases where we have arranged to pick you up from an airport or cruise port, the basic price will incorporate a period of 45 minutes waiting time from the landing or docking time involved. In the event of any further waiting time the same will be charged at a rate of 60p per minute subject to a minimum of £6.00. Flight delays are exempt from such charges.

4.2    In the case of pick-ups from your home, a hotel, offices and/or other venues the basic price allows for 10 minutes waiting time after the actual booked time for a pick-up. In the event of any further waiting time the same will be charged at a rate of 60p per minute subject to a minimum of £6.00.

5.    Missed flights

5.1    If you miss a flight you must inform us as quickly as possible to that effect so that we may notify the chauffer not to enter the airport for the pick-up.

5.2    In the case of you having pre-paid the price it will be refunded subject to a deduction of £6.00 for administrative charges within 7 days of  being advised as referred to in condition 5.1.

5.3.1    If in lieu of requesting a refund pursuant to condition 5.2 you wish us to pick you up in connection with a later flight then provided the pick-up is from the same airport as originally booked we will provide that service at no extra cost.

5.3.2    In the event of you wishing to arrange an alternative pick-up pursuant to condition 5.3.1 but involving collection from another airport then an additional charge will be payable by you, the details of which are as set out in our website.

6.    Additional passengers and luggage

6.1    Wherever possible additional passengers and luggage should be booked with us in advance. Where this is not practical such additional services may be agreed with the chauffeur at their discretion. It must be noted that such permission will not be granted if to do so would result in the vehicle's capacity being exceeded.

6.2    For the avoidance of doubt where you have made prepayment of the price in connection with the original order where an additional charge is appropriate, you must pay the chauffeur the additional price in respect of such variation to the original order.

7.    Delivery of goods

If you wish us to undertake the delivery of goods, the following will apply:

7.1    We shall carry the goods from the collection address to the delivery address with all convenient speed provided that in all cases (including those where we have agreed a specific date and time for delivery of the goods) time shall not be of the essence and we make no warranty that the goods will be delivered within the stipulated time period unless expressly agreed in writing between us and (where you are a company) one of your directors or (where you are an individual or a partnership) with you or one of your partners.

7.2    If for whatever reason we are unable to deliver the goods to the delivery address, we reserve the right to charge and you will be obliged to pay for any costs and expenses incurred by us in endeavouring to effect such delivery and/or for any costs of storage of the goods as a result of such failure to deliver.

7.3    The goods shall be ready for collection by us at the date and time agreed with us and you shall procure that arrangements are made for an appropriate party to take delivery of the goods at the delivery address at any reasonable time.

7.4    Subject to condition 7.5 we shall not undertake the carriage and/or delivery of:

7.4.1    money or securities (whether in the form of cash, cheques, bankers drafts, bonds, share certificates or in any other form);

7.4.2    antiques, precious metals, furs or jewellery (in any form whatsoever) of whatever amount or value;

7.4.3    any goods (whatsoever nature) having an intrinsic value of more than £100.00;

7.4.4    any goods of a hazardous, dangerous, inflammable, explosive or noxious nature or which are illegal to possess under English law as existing at the time of the order and/or

7.4.5    any goods (of whatsoever nature) which may deteriorate in transit.

7.5    Notwithstanding the provisions of condition 7.4 we might be willing to undertake carriage and/or delivery of the items referred to in condition 7.4 (but with the exception of items being illegal to possess under English law as aforesaid) if we have in advance agreed specific terms with you upon which we would be prepared to provide such service and this has been expressly confirmed in writing between us and (where you are a company) one of your directors or (where you are an individual or a partnership) with you or one of your partners.

7.6    We shall be entitled to destroy or dispose of goods referred to in condition 7.4 which have despite that condition and in the absence of agreement pursuant to condition 7.5 been produced to us for carriage and delivery in such manner as we reasonably think fit. In the event of such disposal or destruction we shall account to you within 7 days of receipt of any payment made to us for the goods being in excess of the costs incurred by us in so disposing of or destroying the goods.

8.    Liability

8.1   We will not be liable to you whether in contract tort or otherwise (including any liability from any negligent act or omission):

8.1.1    For any indirect or consequential losses including (but not limited to) loss of revenue, business, contract, anticipated savings, profits or waste expenditure howsoever arising out of or in connection with the performance of our obligations or any breach of our  obligations pursuant to these terms and conditions; or

8.1.2    For any failure to deliver goods or a delay in doing so or for any damage or defect to the goods delivered that is caused by any event or circumstances beyond our reasonable control including but without limitation strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, adverse weather, explosion or accident; or

8.1.3    For any loss arising as a result of any act or omission on your part (including but without limitation) the inadequate or inappropriate packaging of goods or incorrect or inadequate labelling of or instructions received from you in relation to the goods; and/or

8.1.4    For loss due to us being prevented or hindered from delivering the goods to the delivery address.

8.2    Nothing in these terms and conditions will exclude or restrict either your or our respective liability for fraud or fraudulent misrepresentation or for death or personal injury arising from the respective party's negligence.

8.3    Our maximum liability pursuant to this condition 8 shall not exceed £150.00 per package or the actual loss sustained by you whichever is the lower in respect of any goods damaged, lost, delayed or mis-delivered.

8.4    The previous provisions of this condition 8 apply to liability for loss or damage to goods and do not apply to liability for death or personal injury.

9.    Lost goods

Notwithstanding the provisions of condition 8 we shall not be liable for any loss and/or damage howsoever arising including (but not limited to) liability arising from acts, omissions or negligence on our part and/or our employees and/or agents unless you have notified us (with reasonable particularly) as to the nature and extent of such loss or damage within 15 working days of the date upon which the same occurred.

10.    Our obligations

10.1    To make a suitable vehicle available to you for the period of the contract together with the services of a duly licensed chauffeur.

10.2    To ensure that the vehicle is duly licensed, insured and in a roadworthy condition complying with requirements of all relevant road traffic acts and ancillary regulations thereunder.

11.    Your obligations

11.1    You must provide appropriate details in respect of the services required from us.

11.2    You must advise us in writing of any relevant changes to your original order as quickly as practical.

11.3    You will promptly advise us as to any change of email and/or other address for the lead passenger or provide details of the alternative address to which any notice required to be given pursuant to these terms and conditions is to be sent.

12.    Your right to cancel the contract

12.1    You may cancel any booking by providing 12 hours notice of such cancellation in writing.  

12.2    Once you have notified us that you are cancelling your contract any sum debited to us from your credit or debit card will be re-credited to your account as soon as practical and in any event within 30 days of notification of cancellation.

13.    Our right to cancel

13.1     We reserve the right to cancel the contract between us and you if:

13.1.1  We are unable despite using reasonable efforts to procure a vehicle and/or chauffeur in order to perform the contract; or

13.1.2   Any one or more of the prices advised with regard to the provision of the services was listed at an incorrect price on our website  (whether due to a typographical error or some other reason); and/or

13.1.3    There has been a material error in connection with the details you have provided in relation to your original order.

13.1.4    Without prejudice to the general provisions of condition 13.1.1 if weather conditions are such that the original vehicle which we had intended to utilise in connection with our performance of the contract proved to be unsuitable.

13.1.5    If we do cancel the contract, we will notify you by email addressed to the lead passenger and re-credit your account with any sum deducted by us from your credit or debit card as soon as practical but in any event within 7 days of the date of our cancellation of the contract. We will not be obliged to offer any additional compensation for disappointment or inconvenience suffered as a result of such cancellation.

14.    Notices

14.1    Any notice to be given by either you or us pursuant to these terms and conditions must be in writing and shall be sent by email transmission (confirmed by first class mail) in the case of notices to us to the address appearing on our website or in the case of notices to be sent to you at the address given with the order for the lead passenger (or such alternative address as you may have provided us with pursuant to condition 11.3).

14.2    Any notice given personally will be deemed served on receipt. Any notice sent by email before 3:00 pm on a working day shall be deemed served on receipt of a successful transmission notice and in the case of an email sent after 3:00 pm on a working day at 10:00 am on the next working day. Any notice served by registered post will be deemed served 48 hours after posting.

14.3    In proving service of any notice it will be sufficient to prove, in the case of an email communication that it was duly sent to a current email address for the lead passenger (or for such other party whose address shall be nominated by you in lieu of the same) and in the case of registered post to prove that such letter was properly stamped addressed and posted.

15.    Severability

If any provision of these terms and conditions shall be prohibited by or are adjudged by a court to be unlawful, void or unenforceable such provisions shall to the extent required be severed from these terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of these terms and conditions and shall not in any way affect any other circumstances or the validity or enforcement of these terms and conditions.

16.    Waiver

No failure or delay on our part relating to the exercise of any right, power, privilege or remedy provided under these terms and conditions shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by you nor shall any single or partial exercise of any right, power, privilege or remedy provided by these terms and conditions all of which are several and accumulative and are not exclusive of each other or of any other rights or remedies otherwise available to a party at law or in equity.

17.    Privacy

You acknowledge and agree to be bound by the terms of our privacy policy as appearing within this website.

18.    Third party rights

No person or corporation who is not a party to the contract between us and you has a right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract between us and you PROVIDED that this does not affect any right or remedy of a third party that exists or is available apart from that Act.

19.    Governing law

The contract between us and you shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

20.    Entire agreement

These terms and conditions together with our current website prices, contact details, privacy policy and other content of this website applicable to the services ordered by you set out the whole of the agreement between us and you relating to the supply of services to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature of the services offered by us. Save for fraud or fraudulent misrepresentation we shall have no liability for any such representation being untrue or misleading.



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