We are Express Car Service Limited, a company registered in England and Wales (registration number: 13730695) whose registered address is located at 456 Hornsey Road, London N194EE (“Express Car Service Limited “, “we “, “our” or “us “).

We provide Passenger Services (as defined below) and Courier Services (as defined below) as set out in these Terms (as defined below) (collectively the “Services”).

Please read these terms and conditions carefully. Your application to register an account and your continued use of the Website and/or our App or booking over the phone will constitute your acceptance of these terms and conditions.

These terms and conditions apply to the contract between you (the Customer) and Express Car Service Limited when it provides car services to you, these terms and conditions are divided into 4 sections, as follows:

– SECTION 1 – capitalised expressions in these terms.

– SECTION 2 – terms and conditions relating to bookings.

– SECTION 3 – explanation of pricing or how to obtain pricing and charging information
for each of our services

– SECTION 4 – terms and conditions relating to all services and cancellation policy.

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SECTION 1

Capitalised Expressions in these terms.

Additional Charges, means any and all charges other than the Charges payable by you in relation to a Passenger Services Booking and / or Courier Services Booking as set out in these terms.

Additional Waiting Time, means inclusive waiting time of 5 minutes for any Booking other than Airport Booking.

Airport Inclusive Waiting Time, means included 30 minutes of waiting time commencing after plane landing time or booking time which ever is earlier.

Airport Booking, means Booking’s collection address is an Airport.

App, means the Express Car Service Limited mobile application.

ASAP Booking, means a Passenger Services Booking for the next available driver.

Booking, means a booking for a Driver to provide (i)Passenger Services or (ii) Courier Services made using a Booking Channel.

Booking Channel, means the website, app or phone channels.

Business Day, means a day other than a Saturday, Sunday or National or Public Holiday and when banks in London are open for business and Business Hours shall be construed as 09:00am to 17:30 pm on a Business Day.

Cancellation Fee, means the amount payable by you if you cancel a Booking. Cancellation Fees for Passenger Services are calculated in accordance with section 3.13 of these Terms.

Charges, means the charges payable by you for a Booking, as communicated to you when the Booking is made and
excluding the Additional Charges.

Collection Address, means the address provided by you at the time of making the Booking as the address from  which the Vehicle or Courier Services Vehicle (as applicable) shall collect (i) you and/or your Passenger(s); or (ii) collect the Goods (as applicable). Changes to the Collection Address may be permitted subject to sections 3.3 and 3.4.

Contact Centre, means Express Car Service Limited call centre where customers can reach our operators by calling our phone number 02072721717.

Conditions, means these terms and conditions (as distinct from the Terms).

Contract, means as defined in section 2.

Courier Services, means the carriage or delivery of Goods in the United Kingdom subject to availability by way of a Courier Services Vehicle.

Courier Services Vehicle, means private hire car, MPVs, People Carriers.

Customer, means you, the person making a Booking and/or using the Services under these Terms.

Destination Address, means the address stated by you at the time of making the Booking to which the Vehicle or Courier Services Vehicle (as applicable) shall deliver each Passenger or the Goods (as applicable). Changes to the Collection Address may be permitted subject to sections 3.3 and 3.4 below.

Driver, means any person contracted to Express Car Service Limited who drivers a Vehicle.

Drop-Off Fee, means a fee or charge applicable for dropping off Passengers at certain Destination Address which are included in charges.

Goods, any permitted goods transported by us pursuant to a Courier Services Booking and which are not the Prohibited Goods.

Inclusive Waiting Time, means as defined in section 3 of these Terms.

Minor, means a child of less than 13 years of age.

Operator, means our staff members who work in our Contact Centre.

Parking Fee, means a fee or charge applicable for parking and / or entry to certain Collection Addresses and / or the Destination Address which will be added to the Charges in accordance with Annex 1 below.

Passenger(s), means you and / or any other person on whose behalf a Passenger Services Booking is made (each Passenger, in each case, is deemed to have accepted the Terms when making use of the Passenger Services).

Passenger Services, means the transportation of at least one Passenger (together with any applicable luggage), by a Vehicle from the Collection Address to the Destination Address.

Phone, means Express Car Service Limited’s Contact Centre through which Bookings can be made or cancelled.

Profile, means the personal user profile created for use of the Services in accordance with section 1 of these Terms.

Pre-Booked, means a Passenger Services Booking at a specified date, place and time.

Restricted Street, means any Collection Address or Destination Address which is subject to any parking law or regulation prohibiting any Vehicle or Courier Services Vehicle from entering, waiting and/or parking.

Terms, means these terms and conditions as defined above.

UK Bank Holidays, means any bank holidays observed in England and Wales and / or Scotland

Vehicle, means a vehicle PCO licenced by Transport for London and used for the carriage of Passengers.

Waiting Time Fee, means a fee chargeable when a Driver is required to wait for Passengers or in case of
delivery waiting for the items above the standard inclusive time, which will be added to the Charges in accordance with section 3 of these Terms.

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SECTION 2

Express Car Service Limited Bookings

2.1. A Booking constitutes an offer by you to purchase Services in accordance with these Terms. Bookings made over the phone with our Operators are confirmed right away followed by a text confirmation sent to your mobile, any Web
bookings or App Bookings shall only be deemed to be accepted by us when one of our Operators confirm your booking by calling you after you have made the booking or on commencement of the Booking (whichever is the earlier), at which point and on which date and time a contract for the of those services to which the Booking relates shall come into existence. The Passenger, in each case, is deemed to have accepted the Terms when making use of the Passenger Services. Each Booking constitutes a Contract between Express Car Service Limited (as principal),
the Passenger and you (if the person making the Booking is different from the Passenger) (“Contract”). There is no obligation on us to accept a Booking and it may be declined for any reason. For the avoidance of doubt, you agree to
remain fully liable under these Terms for the actions or omissions of the Passenger(s) as if they were your own actions or omissions and our obligations to the Passenger will be determined by these Terms as if they were you.

2.2. When you make a booking with us, Express Car Service Limited, that booking is subject to these terms and conditions.

2.3. In consideration for a driver engaged by Express Car Service Limited carrying out your journey, you will pay our driver the fare confirmed at the time of booking and the Additional Charges in full and without set-off.

2.4. Any additional charges arising after the booking has been confirmed, such as extra stops, extra parking or waiting charges (which are variable and cannot by definition be known for certain at the time of booking), are due as and when incurred and will be charged extra by Express Car Service Limited and payable to driver carrying out your journey.

SECTION 3

PASSENGER SERVICE CHARGES

3.1. Prices for our services can be obtained on request and will be provided automatically at the time of booking for App or online bookings.  Journeys within the M25 are priced on fixed route basis between postal districts or on a
dynamic mapping basis using the shortest route at the time the booking is made where a fixed route does not apply. Journeys involving a leg outside of the M25 will be priced on a minimum charge, plus dynamic mapping calculation, unless otherwise agreed.

3.2. We will review our prices from time to time and may vary them. We will advise account customers with  negotiated rates in writing before making any change to our prices which is higher than inflation (according to the Bank of England’s latest published rates). In the event the customer does not receive such notice, the updated rates shall nonetheless be deemed to apply by the confirmation by the customer of the first booking subject to the new rates.

For all customers, current prices for any booking will be visible by inputting the specific details of such booking on our web-portal or app, having first logged in to the relevant account; quoted prices may also be confirmed on booking confirmation and amendment emails, subject to the notification settings for the relevant account.

3.3. On providing your Collection Address, Via’s, Destination Address and selecting the Vehicle, you will receive a quotation for the amount of the Charges for the requested journey.

3.4. The Charges are based on our chosen route between your Collection Address and Destination Address (via any other pick-up or drop-off points you specify at the time of making the Booking).

3.5. We may permit changes to a Booking by a Passenger on whose behalf the Booking was made, and you acknowledge that you are liable for all Charges and Additional Charges for the Booking as changed.

3.6. In relation to Passenger Services Additional Charges shall be payable if:

(a) you change the Collection Address and / or Destination Address or Vehicle type,

(b) you ask the Driver and the Driver agrees, to make any additional pick-ups or drop-offs,

(c) you require the Driver to take any variation of or follow a different route from our chosen route,

(d) you require the Vehicle to carry more passengers than indicated when making the Booking,

(e) you require the Driver to wait between the stops of a Return Journey or at additional pickup locations,

(f) you or any other Passenger, domestic animal or Bicycle soil, contaminate or damage a Vehicle, in which case a cleaning fee up to a maximum of £150 shall be charged;

(g) tolls or road related charges are payable in relation to your Booking;

(h) you make an Airport Booking. For the avoidance of doubt an Airport Meet and Greet Fee is payable for each and every Airport Booking.

(i) a Parking Fee, Waiting Time Fee, Drop Off Fee and/or Cancellation Fee may be applicable to your Booking. The Parking Fee, Waiting Time Fee, Drop Off Fee and/or Cancellation Fee; and/or

(j) you do not specify that the Vehicle is to carry a bicycle or pet when making the Booking, and the Driver subsequently agrees to carry such bicycle or pet.

3.7 Other than in relation to Airport Bookings where the waiting time shall be as set out in 3.8 below, each Customer shall have 5 minutes inclusive waiting time (“Inclusive Waiting Time “) for Passenger Services.

3.8. In relation to an Airport Booking, you can select the Driver arrival time by entering your flight number at the time of the Booking. You may be entitled to the following airport inclusive waiting time (“Airport Inclusive Waiting Time “) applicable to the Passenger Services taken:

Airport Inclusive Waiting Time

30 minutes after plane landing time or booking time unless you have asked for extra time during when making your Booking.

For example, and for illustrative purposes only:

You are due to land at London Gatwick on an inbound flight at 06.30 and you specify a collection time of 07.15 (Extra 45 minutes after landing time). Your Booking includes, a grace period, Airport Waiting Time until 07.45. If your journey commences at 08.00, you will be charged 15 minutes’ waiting time in accordance with the Waiting Time Fees.

3.9. In the event that you exceed the Inclusive Waiting Time and/or Airport Inclusive Waiting Time (as applicable), you shall pay for any additional waiting time thereafter, in addition to the Charges for the Booking. In relation to the
Inclusive Waiting Time, you will be liable to pay a Waiting Time Fee from the 6th minute onwards. In relation to Airport inclusive Time, you will liable to pay a Waiting Time Fee from the 31st minute for all flights.

3.10. Any waiting time in excess of the Inclusive Waiting Time and/or Airport Inclusive Waiting Time (as applicable) will be charged per hour, and payable in 5-minute increments, applicable to the Passenger Services taken, (“Additional Waiting Time “) as follows.

£18 per hour for extra waiting time for all journeys plus additional car park charges if Booking is an Airport pickup Booking.

3.11. Where you book a wait and return journey, there is no Inclusive Waiting Time between stops and Additional Waiting Time shall be payable at the rates set out in section 3.8 inclusive (as applicable), in respect of waiting time
accumulated between the stops.

3.12. Drivers are unable to allow more than two minutes embarkation or disembarkation time in a Restricted Street. Where additional time is required, the Driver shall use best efforts to find a nearby convenient location for you or your Passengers to embark into the Vehicle and a Waiting Time Fee will be payable by you.

3.13. Cancellation Charges,

a) If your driver has not been dispatched there are no cancellation charges.

b) if your driver has been dispatched and he/she is not at the pickup location yet and you want to cancel the Booking there will be a cancellation charge depending on how far the driver has travelled as well as any waiting time in case of heavy traffic will be added to your profile.

c) if your driver is at the pickup location and you want to cancel your booking you will be liable for the full fare. If cancellation is at an airport then you will be liable for the full fare plus any excess car park charges and waiting time charges.

SECTION 4

CONDITIONS APPLYING TO ALL OF OUR SERVICES

The terms and conditions contained in this Section 4 shall apply to the Services and bookings provided by Express Car Service Limited, and as a result apply in all cases in addition to the relevant terms and conditions set out in Sections 1 to 3 above.

4.1. Extent of Express Car Service Limited’s Liability

4.1.1 Any quoted pick up or journey times are best estimates only and whilst it uses reasonable efforts to convey passenger(s) to their destinations in the shortest possible time, Express Car Service Limited shall have no liability if a pick up or journey time exceeds any estimate given or otherwise exceeds the Customer’s or the passenger(s)’ expectations for whatever reason, nor shall Express Car Service Limited have any other liability to the Customer
or the passenger(s) in connection with the time at which the passenger(s) reach or fail to reach the destination.

4.1.2 Express Car Service Limited shall only be liable for losses suffered by a Customer that are a direct result of a breach by Express Car Service Limited of these terms and conditions and, for the avoidance of doubt, Express Car Service Limited shall have no liability for any damage, loss, costs, claims or expenses (whether foreseeable or not) incurred or suffered by the Customer or the passenger(s) (other than in the event of death or personal injury) by virtue of eventualities or occurrences acts or omissions including on the part of the driver outside of the reasonable control of Express Car Service Limited.

4.1.3. It shall be for the Customer and/or the passenger(s) to ensure that valuable, unusual or any other items are covered by appropriate insurance. Express Car Service Limited cannot entertain any claim for loss of or damage to any such items.

4.1.4. If Express Car Service Limited cancels a booking it shall have no liability to the Customer or intended passenger(s) if it has used reasonable endeavours to fulfil the booking and to notify the Customer of the cancellation.

4.1.5. If you are a business customer, please note that in particular, Express Car Service Limited will not be liable to you for:

    loss of profits, sales,business, or revenue;
    business interruption;
    loss of anticipated savings;
    loss of business opportunity, goodwill or reputation; or
    any indirect or consequential loss or damage.

4.1.6. If you are a consumer customer you are only permitted to use the Website for domestic and private use, and not for any commercial or business purposes. Express Car Service Limited accepts no liability for any loss of profit, loss of business, business interruption, loss of business opportunity or any indirect or consequential loss or damage.

4.1.7. Any claim or complaint shall be notified by the Customer to Express Car Service Limited within 30 days of the date of the invoice containing the relevant booking for account bookings and within 30 days of the date of the journey for all non-account bookings.

4.1.8. Subject to the provisions of this clause 1 and except in the case of death or personal injury, Express Car Service Limited’s aggregate liability arising from or in connection with the provision of the Services to its Customers under
these terms and conditions shall not exceed £500. Express Car Service Limited reserves the right to require reasonable supporting evidence, such as phone records or similar, where a refund or discount is requested.

4.2. Your use of the Website and the App

4.2.1. This clause 2 governs the Customer’s use of the Website (Terms of Use). Express Car Service Limited may revise these Terms of Use at any time. Please check this page from time to time to take note of any changes that have been made because any use of the Website will constitute an acceptance of these Terms of Use.

4.2.2. Express Car Service Limited may update the Website from time to time, and may change the content of the Website at any time. However, please note that any of the content on the Website may be out of date at any given time, and Express Car Service Limited is under no obligation to update it.

4.2.3. Express Car Service Limited does not guarantee that the Website, or any content on it, will be free from errors or omissions.

4.2.4. There is no guarantee that the Website, or any content on it, will always be available or uninterrupted. Express Car Service Limited may suspend, withdraw, discontinue or change all or any part of the Website without notice and will not be liable to you if for any reason the Website is unavailable at any time or for any period.

4.2.5. You are responsible for making all arrangements necessary in order to have access to the Website and for ensuring that all persons who access the Website through your shared internet connection are aware of these Terms of Use, and that they comply with them.

4.2.6. We do not guarantee that the Website will be secure or free from bugs or viruses.

4.2.7. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

4.2.8. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

4.2.9. Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only and we have no control over the contents of those third-party websites or resources.

4.2.10. You agree that by downloading the App or using the Website, you are bound by these terms and conditions.

4.2.11. Express Car Service Limited grants you a non-exclusive, limited, non-transferable licence to download, install and use the App for personal use only and you agree not to use it or any other technology provided by Express Car Service Limited in connection with the provision of the Services for any other purpose.

4.2.12. You must not license, assign, sell, distribute or in any way seek to benefit commercially from the Services provided by Express Car Service Limited or any technology provided in association with delivering the Services, unless you have received our written consent to do so.

4.2.13. You agree not to do anything that would interfere with, disrupt, maliciously attack or in any way damage any Express Car Service Limited technology, including but not limited to the Website, its booking and dispatch system or
the App.

4.2.14. You are not permitted to reverse engineer or attempt to reverse engineer the App or any other technology provided by Express Car Service Limited in connection with the provision of the Services.

4.3. Your obligations

You agree:

4.3.1.1 To pay all charges arising out of your use of the Services which are in accordance with these terms and conditions, whether payment is by direct transfer, direct debit, cheque, credit card, debit card or cash;

4.3.1.2. Not to use Express Car Service Limited for any unlawful or illegal purpose and to comply with all applicable laws;

4.3.1.3. That all personal information provided to us in order to receive the Services is true, accurate and up-to-date;

4.3.1.4. Not to do anything to damage the reputation of Express Car Service Limited or any of its drivers;

4.3.1.5. To treat with respect and not be abusive or violent towards any Express Car Service Limited employees, staff or other customers;

4.3.1.6. Not to consume alcohol while in a car and we and/or the driver reserve the right to decline carriage to any person who, in our opinion, is intoxicated;

4.3.1.7. To be responsible at all times for your luggage and acknowledge that no liability is accepted for the loss or damage to any luggage that is transported;

4.3.1.8. To wear, and to ensure that the passenger(s) wear, a seatbelt at all times whilst travelling in our vehicles;

4.3.1.9. to indemnify Express Car Service Limited against any claims, costs, damages, losses, liabilities and expenses (including reasonable legal fees and costs) that arise out of or in connection with a breach of these terms and  conditions, any applicable law or your use or misuse of the Website, the App and/or the Services;

4.3.1.10. That if you cancel a booking outside the time allowed you will be liable for and will pay the cancellation fee;

4.3.1.11. That if you, or another passenger travelling with you under your booking, soils or damages the car you will be liable.

4.4. Booking confirmation and cancellation

4.4.1. Express Car Service Limited may in its absolute discretion without liability and without giving reasons refuse to accept any booking.

4.4.2. All accepted bookings are confirmed at the time of the booking by one or more of the following methods – SMS, email, oral confirmation or the screen on the App. The Customer is liable for all applicable charges incurred from the time when the vehicle is assigned to the booking until completion of the assignment or, if sooner,  cancellation.

4.4.3. Customers may cancel their bookings in the following ways:

4.4.3.1. For account and cash/card pre-book services, by calling the call centre, online or through the App; and

4.4.3.2. For cash/card App and Web ASAP Bookings, bookings can only be cancelled through the App or the web platform.

4.4.4. In the event of cancellation by the Customer or passenger(s), the Customer may be liable for cancellation charges which are set out in the extra charges section. The liability of Express Car Service Limited in the event of cancellation is set out at clause 3.1.3 of Section 3 (Extent of Express Car Service Limited’ Liability).

4.5. Subsidiary Accounts of the Customer

4.5.1. From time to time the Customer may wish to create additional (subsidiary) accounts to the original account for billing or service purposes.  So long as the subsidiary accounts are billable to the legal entity stated on the Customer’s
original agreement with Express Car Service Limited then no further formal applications are necessary.

4.5.2. These Terms & Conditions apply in all instances when Express Car Service Limited services are used regardless of whether the process of setting up Customer subsidiaries has been completed in full or not.

4.6. Alteration to these Terms & Conditions

Express Car Service Limited reserves the right to alter or vary these terms and conditions in any respect at its absolute discretion. Notice of a change of these terms and conditions will be deemed served to account customers by
sending an email notifying them of the relevant alterations and the date upon which such alterations take effect. Notice of change of these terms and conditions will be deemed served to all other customers by the posting of a
notice on the Express Car Service Limited website. We suggest that you print and obtain a copy of these terms and conditions for your records.

4.7. Intellectual Property Ownership

4.7.1. Express Car Service Limited (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, the App and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, the App or the Services.

4.7.2. These terms and conditions do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the App or the Services, or any intellectual property rights owned by Express Car Service Limited.

4.7.3. Express Car Service Limited’s name, logo and the product names associated with the App and the Services are trademarks of Express Car Service Limited or third parties, and no right or license is granted to use them other than to use our Services in accordance with these terms and conditions.

4.8. Termination of Account

4.8.1. Business and credit/debit card accounts are terminable by either party in writing on seven days’ notice at any time without any reason being given and may also with immediate effect be terminated by Express Car Service Limited without notice at any time if any amount is due and unpaid by the Customer.

4.8.2. Express Car Service Limited may suspend your access to the Services at any time without notice to you if we reasonably believe that you have breached these terms and conditions.

4.8.3. Upon termination of the account for whatever reasons all sums payable to or chargeable by Express Car Service Limited, or otherwise appearing on the Customer’s account, shall become immediately due and payable in full if not already due and payable.

4.9. No waiver

It is understood and agreed that any failure by us or you in exercising any right, power or privilege under these terms and conditions will not act as a waiver under this letter nor will any single or partial exercise of the right preclude
any further exercise of any right, power or privilege.

4.10. Severance

If any part of these terms and conditions are found to be unlawful, invalid or unenforceable, that part shall be deemed to be deleted and the remaining terms and conditions shall not be affected and shall continue to apply in full.

4.11. Third party rights

No rights shall arise under or in connection with these terms and conditions to any person who is not a party to them.

4.12. Assignment

The contract between you and Express Car Service Limited is personal to you and you may not assign your rights under these terms and conditions without our prior written consent.

4.13. Applicable Law

The laws of England and Wales apply to these terms and conditions and any dispute relating to the provision of services by Express Car Service Limited shall be subject to the exclusive jurisdiction of the Courts of England and Wales.