By placing a booking with DrivenByQ you are agreeing to our terms and conditions for Business Users
The following words shall have the following meanings:
DrivenByQ means we, us or the company.
Customer, account or card holder or an agent or third party who is acting for or instructed by such organisation or person means you/your.
Passenger means person travelling.
In these Conditions, the following rules apply:
1.1.1. A person includes a natural person, corporate or unincorporated body (whether or not they have separate legal personality).
1.1.2. A reference to a party includes its personal representatives, successors or permitted assigns.
1.1.3. A reference to ‘writing’ or ‘written’ includes faxes, emails and direct messages.
1.1.4. Any reference to a statutory provision is a reference to that provision as modified or re-enacted or both from time to time and to any subordinate legislation made under the statutory provision.
1.1.5. Any phrase introduced by the terms ‘including’ or ‘include’ or any similar expression shall not limit the sense of the words preceding those terms.
1.1.6 Event Outside Our Control: is defined in clause 8.
1.1.7 Order: your booking for the services
1.1.8 Services: executive private hire and chauffeur-driven car services
1.1.9 Terms: the terms and conditions set out in this document by which we supply services to you;
1.2.0 A reference to ‘writing’ or ‘written’ in these Terms includes e-mail.
2. INFORMATION ABOUT US
2.1.1 We are Driven by Q Ltd incorporated and registered in England and Wales with company number 6400942 whose registered office is at St Andrews House, Yale Business Village, Ellice Way, Wrexham LL14 7YL.
2.1.2 You can contact us by telephoning our customer service team +44(0)1978 846678 or you can use our online contact form at drivenbyq.com . Regular users will also have access to our online booking system at www.drivenbyq.co.uk
2.1.3 If we contact you we will do so by telephone or by writing to you at the email address you have provided.
2.1.4 We are very proud of our high standards of service; however, should we fail to meet your expectations, please do not hesitate to contact us +44(0)1978 846678.
3. OUR CONTRACT WITH YOU
3.1.1 Our acceptance of your order will take place when we confirm your booking with a price either by: telephone, email or when it is displayed on our online booking system, at which point a contract will come into existence between you and us.
3.1.2 The services displayed on any marketing material are an invitation to treat and do not constitute an offer.
3.1.3 You guarantee you are at least 18 years old.
3.1.4 All quotes are calculated in accordance with information supplied by you and are an estimate of the miles and time incurred by the driver, time of day you wish to travel and the type of vehicle required for the specified journey.
3.1.5 All prices estimated, quoted or invoiced are in Sterling (UK Pounds) excluding VAT.
3.1.6 Journey prices quoted are valid for 30 days only.
3.1.7 Provisional bookings will be held for 48 hours only.
3.1.8 Unless stated otherwise we will assume that each passenger has no more than one regular sized suitcase and one piece of hand luggage. It is your and/or the passenger’s responsibility to notify us of any irregular luggage in advance of the journey.
3.1.9 Upon receipt of full details and upon acceptance by the company, your booking will be confirmed by email or displayed on our online booking system.
4. DUTY OF CARE
4.1.1 We will provide the service to you with reasonable skill and care and whilst we will use our reasonable endeavours, the company accepts no responsibility for any incidents or loss due to circumstances beyond our reasonable control;
4.1.2 Circumstances beyond our reasonable control include but are not limited to: traffic congestion, electronic failure, illness, vehicle malfunction, road traffic accidents, road closures and extreme weather conditions
4.1.3 We accept no liability for requested journeys that we are unable to accommodate due to staff shortages, vehicle malfunction or vehicle unavailability.
4.1.4 We reserve the right to dispatch any vehicle and driver necessary to complete any booked journey.
4.1.5 We maintain a strict non-smoking policy in all our vehicles.
4.1.6 We accept no liability for any loss or damage to property during a journey.
4.1.7 Property left in a vehicle will be returned at our earliest convenience and we accept no responsibility for damage to property during transit.
4.1.8 Additional costs incurred for returning property will be met by the owner.
4.1.9 We shall not be liable to you for any loss of business, loss of opportunity, loss of profits, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of use, loss or corruption of data or information or for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses whatsoever (howsoever caused) which arise out of or in connection with these terms and conditions.
4.2.0 In the event of any claim arising in connection with the performance or contemplated performance for the hire of a driver and vehicle. DrivenByQ Ltd total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, shall be limited to the price stated for the original journey. Any other payments will be at the discretion of the company.
4.2.1 Nothing in these terms and conditions shall exclude or limit the company’s liability for death or personal injury resulting from the company’s negligence or that of its employees, agents or sub-contractors.
5.1 By placing a booking you undertake to pay for the journey upon completion.
5.2 Business services may be subject to VAT at the prevailing rate.
6.1.1 All journey costs are calculated based on mileage, duration, predicted congestion and charges such as toll roads, clean air zones and parking.
6.1.2 All journeys are subject to a minimum charge of £40.
6.1.3 Should we require a deposit in advance of the journey, this may be subject to VAT. Deposits paid by card are only refundable at the discretion of the company.
6.1.4 All journeys are deemed to start from, pass through or end in the town centre or other reasonably central point of the regional office where the booking was placed.
6.1.5 Journeys are quoted travelling via the quickest route. Should you request to use a route other than the quickest route or should the driver deem it necessary to avoid heavy traffic, accidents or other incidents that may increase the travel time, then additional charges may apply.
6.1.6 Charges can vary in accordance with the vehicle and/or service booked for the journey.
6.1.7 Should the driver be unable to locate the passenger, you may incur a call out charge and associated costs.
6.1.8 Should you or the passenger provide incorrect information including but not limited to: pick up venue or time you may incur a call-out charge and associated costs.
6.1.9 The following circumstances may incur additional charges in excess of the fare:
- Airport parking
- Additional stops
- Fuel Surcharge
- Extreme weather or road conditions
- Use of toll roads
- Use of congestion zones
- Waiting time
- Christmas Eve + 50%
- Christmas Day + 100%
- New Year’s Eve +50%
- New Year’s Day +100%
- Other bank and public holidays available upon written request
6.2 Gratuities are at your discretion.
7. WAITING TIME
7.1.1 Waiting time is calculated from 5 minutes after the booked journey time with the exception of journeys starting from Airports and Seaports.
7.1.2 Waiting time for journeys starting from Airports and Seaports is calculated from 30 minutes after the airplane, boat or ship arrives or touches down.
7.1.3 Where a passenger does not arrive, additional charges may apply irrespective of error or circumstances beyond your control.
8. EVENTS OUTSIDE OUR CONTROL (Force Majeure)
8.1.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
8.1.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, traffic congestion, electronic failure, air-traffic controller strikes, illness, vehicle malfunction, road traffic accidents, road closures, acts of God, restraints by civil authorities including acts of local and national government, extreme weather conditions, labour disputes of whatever nature including, work to rule, strikes and lockouts, perils of the sea or air, fire, flood, drought, earthquakes, ash clouds, explosion, pandemic, epidemic, outbreak, embargo, war, riots, civil commotions, sabotage, terrorism, hijacking, failure of public or private telecommunications networks, zombie apocalypse, mistaken identity, unintended central locking activation, volcanic eruptions, punctures, wild animals, tamed exotic animals, domestic pets, sporting equipment, circus performances, football matches, sporting events, alien invasion(s) and quantum time shifts.
8.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
- (a) We will contact you as soon as reasonably possible to notify you; and
- (b) Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of services to you, We will restart the services as soon as reasonably possible after the Event Outside Our Control is over.
8.4 You may cancel the journey if an Event Outside Our Control takes place and you no longer wish us to provide the services.
9. RIGHT TO REFUSE
9.1.1 We reserve the right to refuse to transport or cease to transport any passenger who behaves in a disorderly, threatening or abusive manner or who, in our opinion we consider a nuisance or a danger to us or to fellow passengers.
9.1.2 We reserve the right to refuse to transport or cease to transport any passenger or objects who, in our opinion are likely to cause vehicle damage or soiling.
9.1.3 We shall be entitled to charge for reasonable repair and/or valeting costs for any damage and/or soiling to the interior and/or exterior of the vehicle.
9.1.4 We reserve the right to charge for loss of earnings whilst the vehicle is out of service.
9.1.5 We reserve the right to seek financial compensation for financial losses or personal injury.
10. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, and ask you to confirm in writing as to whether you wish to go ahead with the change.
11. OUR RIGHT TO MAKE CHANGES
11.1.1 We may dispatch any vehicle and driver necessary to complete any journey booked.
11.1.2 The driver may vary the route to avoid heavy traffic, accidents or other incidents.
12.1.1 SMS messages from mobile phones are not acceptable as a method of communicating your cancellation.
12.1.2. All journey requests are still valid until:
12.1.3 You may cancel the journey with us via email or our booking system, and you receive confirmation of the cancellation from us either via email or our booking system.
12.1.4 Normally there is no charge for a journey cancelled prior to vehicle dispatch unless the journey is deemed high value. A high value journey is as defined in 13.1.3.
12.1.5 For journeys cancelled after a vehicle is dispatched, you may incur a call-out charge and associated costs.
13. CANCELLATION CHARGES
13.1.1 A cancellation charge is calculated to pay for the time, miles and incidental costs of the driver and vehicle.
13.1.2 A cancellation charge will not exceed the cost of the original journey; you may incur additional costs such as: parking charges, waiting time, congestion zones, use of toll roads or other reasonable costs.
13.1.3 A high value journey is deemed to be £180 or more. Where such a journey is cancelled, the following cancellation fee shall apply in relation to the notice period given by you:
- More than fourteen days in advance, no fee will be applied
- Between fourteen and seven days in advance, a 10% fee will apply
- Between seven and three days in advance, a 25% fee will apply
- Less than 72 hours in advance a 50% fee will apply
13.1.4 Cancellation fees will be capped at a maximum of £300.
13.1.5 At our discretion the cancellation fee may be waived.
14.1.1 Subject to a credit check your account will be set up, usernames and passwords will be assigned to authorised personnel.
14.1.2 You are responsible for the security of your account, usernames and passwords.
14.1.3 You are liable to pay for all bookings made on the account.
15.1.1 A variation to the booked route will be accommodated whenever possible save for written instruction from you not to do so.
16.1.1 By placing a booking you undertake to pay for the journey upon completion or by invoices within the specified payment terms on your account.
16.1.2 We shall be entitled to charge interest on overdue invoices from the date when payment becomes due until the date of payment at the rate of 8% per annum above the base rate of Barclays Bank plc.
17. CONTRACTS (Rights of Third Parties) Act 1999
17.1.1 A person who is not a party to this contract is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
18. QUERIES AND COMPLAINTS
18.1.1 All queries are to be raised in writing within 14 days of invoice.
18.1.2 We are very proud of our high standards of service however, should we fail to meet your expectations, please do not hesitate to contact us 01978 846 678.
19. GOODS IN TRANSIT
19.1.1 You are responsible to ensure that the appropriate level of insurance cover is in place for goods in transit.
19.1.2 We accept no liability for any loss or damage to property during a journey.
19.1.3 Property left in a vehicle will be returned at our earliest convenience and we accept no responsibility for any damage to property during transit.
19.1.4 Additional costs incurred for returning property will be met by you.
20. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
20.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the booking process.
20.2 We are not liable for business losses. We supply the services for domestic and private use. If you use the service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20.3 We do not exclude or limit in any way our liability for:
- (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- (b) fraud or fraudulent misrepresentation.
21. HOW WE MAY USE A PASSENGERS PERSONAL INFORMATION
21.1 We will use personal information you provide to us:
- (a) to supply the services to you.
- (b) to process your payment for service.
- (c) to contact you in the event of additional customer care being required or to discuss and address quality issues.
- (d) to recall your information when making future bookings.
- (e) for internal statistical analysis.
- (f) to send seasonal correspondence and well wishes; and
- (g) to comply with licensing conditions.
- (h) to comply with legal requests
21.2 We will only give your personal information to third parties where the law either requires or allows us to do so for compliance.
22. SEVERANCE AND INVALIDITY
22.1.1 In the event that any provision of these terms and conditions shall be found by a court to be unreasonable or unenforceable or void, that part shall be severed and the remainder of the terms and conditions shall be enforceable with such deletion or modification as may be necessary to make it effective.
22.1.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
23. GOVERNING LAW
These terms and conditions will be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.