By placing a booking with DrivenByQ you are agreeing to our terms and conditions
1.1 When the following words are used in these Terms, this is what they will mean:
Event Outside Our Control: is defined in clause 12;
Order: your booking for the services;
Services: executive private hire and chauffeur-driven car services;
Terms: the terms and conditions set out in this document by which we supply services to you;
We/Our/Us: Driven by Q; and
A reference to ‘writing’ or ‘written’ in these Terms includes e-mail.
2. INFORMATION ABOUT US
2.1 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.
2.2 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
2.3 If we contact you we will do so by telephone or by writing to you at the email address you have provided.
2.4 All our vehicles are non-smoking.
2.5 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 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; Our Terms and Conditions for the Supply of Services to Consumers 2
3.2 The services displayed on any marketing material are an invitation to treat and do not constitute an offer.
3.3 You are at least 18 years old;
3.4 All prices quoted are valid for 30 days and prices quoted are in Sterling (UK Pounds);
3.5 Provisional bookings will be held for 48 hours only;
3.6 All quotes are calculated in accordance with the information supplied by you and all quotes are an estimate of the miles and time incurred by the driver; the time of day you wish to travel and the type of vehicle you request for the journey;
3.7 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.
4.1 By placing a booking you undertake to pay for the journey upon completion.
4.2 Consumer services are not subject to VAT unless carried out in a company owned vehicle.
5.1 All journey costs are calculated based on mileage, duration and charges such as toll roads and parking;
5.2 All journeys are subject to a minimum charge of £40.00;
5.3 Should we require a deposit in advance of the journey, this may be subject to VAT. Deposits paid by card are non-refundable;
5.4 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;
5.5 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 Our Terms and Conditions for the Supply of Services to Consumers 3 traffic, accidents or other incidents that may increase the travel time, then additional charges may apply;
5.6 Charges can vary in accordance with the vehicle and/or service booked for the journey;
5.7 Should the driver be unable to locate the passenger, you may incur a call out charge and associated costs;
5.8 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.
5.9 The following circumstances may incur additional charges in excess of the fare:
- Airport parking with the exception of Manchester or Liverpool airports
- Additional stops
- Extreme weather or road conditions
- Use of toll roads
- 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
5.10 Gratuities are at your discretion.
6. WAITING TIME
6.1 Waiting time is calculated from 5 minutes after the booked journey time with the exception of journeys starting from Airports and Seaports;
6.2 Waiting time for journeys starting from Airports and Seaports is calculated from 30 minutes after the airplane, boat or ship arrives;
6.3 Additional charges may apply when the waiting time exceeds the above waiting times, irrespective of error or circumstances beyond your control.
7. 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.
8. OUR RIGHTS TO MAKE CHANGES
8.1 We may dispatch any vehicle and driver necessary to complete any journey booked;
8.2 The driver may vary the route to avoid heavy traffic, accidents or other incidents;
8.3 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;
8.4 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;
8.5 We reserve the right to charge for reasonable repair and/or valeting costs for any damage and/or soiling to the interior and/or exterior of the vehicle;
8.6 We reserve the right to charge for loss of earnings whilst the vehicle is out of service;
8.7 We reserve the right to seek financial compensation for financial losses or personal injury.
9. HOW TO END THE CONTRACT WITH US
9.1 SMS messages and other forms of direct messaging from mobile phones are not accepted as a method of communicating your cancellation or to make changes to your booking;
9.2 You have 14 days after the day we email you to confirm you accept our offer. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after a vehicle is dispatched you may incur a call out charge and associated costs;
9.3 You may cancel the journey with us by telephone, email or our booking system, and you will receive confirmation of the cancellation from us either by telephone, email or our booking system;
9.4 Normally there is no charge prior to vehicle being dispatched;
9.5 A cancellation charge is calculated to pay for the time, miles and incidental costs of the driver and vehicle;
9.6 A cancellation charge will not exceed the cost of the original journey; however, you may incur additional costs such as: parking charges, waiting time, use of toll roads or other reasonable costs.
10. SUMMARY OF YOUR LEGAL RIGHTS
10.1 We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Because your product is services the Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.
- if you haven’t agreed a time upfront, it must be carried out within a reasonable time.
11. HOW WE MAY END THE CONTRACT WITH YOU
11.1 We may end the contract for services at any time by writing to you if:
- (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.
11.2 If we have to cancel an order for services before the services start:
- (a) we may have to cancel an order before the start date for the services, due to an Event Outside Our Control or the unavailability of key personnel or vehicle malfunction or vehicle unavailability or key materials without which we cannot provide the services. We will promptly contact you if this happens.
- (b) if we have to cancel an order under clause 11.2(a) and you have made a payment in advance for services that have not been provided to you, we will refund this amount to you.
12. EVENTS OUTSIDE OUR CONTROL (Force Majeure)
12.1 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.
12.2 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, alien invasion and quantum time shifts.
12.3 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.
12.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the services. We will only cancel the contract if the Event Outside Our Control continues for longer than 2 weeks.
13. GOODS IN TRANSIT
13.1 You are responsible to ensure that the appropriate level of insurance cover is in place for goods in transit;
13.2 We accept no liability for any loss or damage to property during a journey;
13.3 Property left in a vehicle will be returned at our earliest convenience and we accept no responsibility for any damage to property during transit;
13.4 Additional costs incurred for returning property will be met by you;
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 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.
14.2 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.
14.3 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.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 We will use the 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.
15.2 We will only give your personal information to third parties where the law either requires or allows us to do so for compliance.
16. OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under these terms to another organisation. We will ensure that the transfer will not affect your rights under the contract.
16.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.3 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.
16.4 These terms are governed by English law and you can bring legal proceedings in respect of the services in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.