Terms & Conditions of Service
BRUNEL TERMS & CONDITIONS OF SERVICE
Brunel is in the business of providing car services (the “Services“);
The Customer wishes to place its car services requirements with Brunel and Brunel wishes to supply the Services to the Customer;
The parties have agreed to enter into this Agreement to govern their relationship.
IT IS AGREED AS FOLLOWS:
These Conditions of Service (the “Agreement”) shall apply between Brunel and the party whose name and address is set out in the Account Application Form and shall apply to the provision of the Services undertaken by us for you during the continuance of this Agreement.
In this Agreement:
|Account Application||means your application to open an account with us to receive the Services and to which the Agreement (or any variation to them) will at all times apply.|
|Brunel, we, us, our||means Brunel, which is a trading name of Intercede 2052 Limited, a company providing private hire services that is registered in England under company number 05485683 and whose registered office is at Unit 3 Fleming Way, Isleworth, England, TW7 6EU.|
|Charge[s]||means the rates for destination and associated Charges we make to you for the provision of the Service.
· The Charges applicable to the London area are as set out in the Tariff Sheet attached to this Agreement, or additional charges stated at www.brunel.com/charges (which web page pertains in the event of any conflict)
· The Charges applicable to Services required outside of the London area will be available on request.
|Credit Limit||means the maximum amount of unpaid Charges you may incur at any point in time.|
|Customer, you, yours||means a person, firm or a company that opens an Account and enters into an agreement for the Services subject to this Agreement. Where the context so requires “Customer” or “you” or “your” shall include all officers, employees and agents of your firm or company who, we shall accept in good faith, has authority to make bookings for the Service.|
|Due Date for Payment||means invoices must be paid within 30 days of the date of the invoice.|
|Passenger||means a person for whom a booking is made under this Agreement.|
|Services||means provision of all private car hire booking services we provide under this Agreement.|
|Working Day||means any day except Sundays and Bank Holidays in England, Wales and Scotland.|
ACCOUNT OPENING AND CREDIT LIMIT
At the time an account is authorised we may set a Credit Limit.
It will be your duty to ensure that your use of the Service is operated within the Credit Limit. In the event that you exceed the Credit Limit we may, in our absolute discretion, withhold or suspend the Services.
We are not obliged to limit the Service to the Credit Limit and if, in our absolute discretion, we should continue to provide Service over and above the Credit Limit, the full amount due will be payable notwithstanding that the Credit Limit may have been exceeded.
Once an account is authorised you will be issued with an account number which must be quoted on all bookings. We cannot accept any responsibility if the account number is used by unauthorised persons.
We reserve the right to alter any Credit Limit at any time and notify you accordingly.
Once an account is authorised we will accept bookings by telephone, e-mail or online via brunel.com.
Confirmation of a booking will usually be sent within two hours of its receipt. If such confirmation is not received or if you require the Service inside the 2 hour window, then you should telephone us to ensure the booking has been received and processed.
A booking is confirmed when you receive either:
a confirmation document in PDF format which will be sent by e-mail; or
a verbal notification with a booking reference.
If, after a vehicle has been dispatched, we receive notification that the status of a flight has changed then the Service will be charged from the scheduled pick up time. We will use reasonable endeavours to ensure that the information is accurate, however, we cannot be held responsible for any Service failure caused by incorrect or inaccurate information provided by relevant third parties.
CHARGES AND PAYMENT TERMS
Destination and associated Charges applicable to the London area are calculated according to the Tariff Sheet attached to this Agreement. These rates are valid for a 12 month period from date of submission and will be reviewed on an annual basis.
Destination and associated Charges for Service required outside of the London area will be supplied on request. Such Services will be supplied by a local provider at Charges that may be more than or less than the Charges shown on the Tariff Sheet supplied with this Service Agreement depending on the area requested.
The rates quoted on the Tariff Sheet are exclusive of Charges for administration; car parking and waiting time; fuel surcharges (where applicable); Bank Holiday and Christmas Surcharges; the clean air fee; and VAT. Please refer to the Tariff Sheet for further details.
VAT at the prevailing rate will, unless indicated otherwise on the Tariff Sheet or other confirmation of rates, be applied to all Charges.
It is our policy, wherever possible, to avoid charging customers cancellation fees. However, there will be some occasions where we incur costs in the provision of a Service that is cancelled. We therefore reserve the right to charge a cancellation fee. Please refer to the Tariff Sheet for further details.
For bookings made in the rest of the world, cancellation notification must be received either online, via App or by email 4 hours prior to the scheduled pick-up time otherwise a cancellation fee will apply. Please note that cancellation fees for overseas bookings may vary from country to country.
It is a condition of this Agreement that invoices shall be paid in full within 30 days of the date of issue.
Without prejudice to our other rights under this Agreement, all monies due in respect of our provision of the Services which are not paid by the Due Date for Payment shall accrue interest and penalties pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
All invoicing disputes relating to the Service provided must be notified within 48 hours of invoice receipt. In the event that we receive no such notification then we shall be entitled to assume you have accepted the amount as being properly rendered and will make payment in accordance with the provision of clause 3.1 above.
LIMITATIONS AND EXCLUSIONS
We reserve the right to determine journey routes unless otherwise agreed in advance or directed by your specific instruction.
We will use our reasonable efforts to ensure that the Service is provided as booked.
We cannot accept responsibility for any losses or costs you may suffer or incur (including for example, any missed meetings or flights) due to delays, whether reasonable or unavoidable or otherwise, howsoever caused.
It is your responsibility to ensure that you allow adequate time for the journey. We will not be responsible for any losses or costs you may suffer or incur (including for example, any missed meetings or flights) as a result of your failure to allow sufficient time for the journey.
Safety, Passenger Behaviour and Liability
Neither you nor any Passenger must act in any way or request an action which contravenes or causes us or the driver to contravene any part of legislation which applies to the use of vehicles as applied under the Road Traffic Act 1988.
We are responsible for the safety of the vehicle and any Passenger who travels within it.
The Passenger shall be expected to comply with legislation applicable to being a Passenger in a motor vehicle and shall be liable for any failure to comply with all relevant legislation (including, without limitation, any health and safety legislation).
Any Passenger whose conduct we reasonably believe to be threatening, abusive, dangerous or in breach of any statutory regulation or otherwise, may be removed from a vehicle or prevented from boarding the vehicle and we shall have no liability whatsoever to you and/or the Passenger in respect of such removal or prevention of the Passenger from boarding.
You shall remain liable in full for our Charges for the carriage of the Passenger even if the Passenger is removed from or prevented from boarding the vehicle.
You may be held liable for the cost of repairing damage caused to the vehicle which are not be attributed to reasonable wear and tear. Examples include, but are not limited to:
damage caused to doors through careless operation;
cigarette burns to upholstery;
spillage of food or drink in the vehicle.
All vehicles we provide will be equipped with seatbelts and, subject to the provisions of clause 5.4.2 below, it is the Passenger’s exclusive responsibility to ensure they wear them at all times whilst in the vehicle.
All children under the age of 14 years must be wearing a seatbelt before the vehicle starts or continues its journey. When any such children and infants are travelling, it is the exclusive responsibility of the accompanying parent, guardian or carer to ensure that the child is protected by a restraint system appropriate for the child’s age and size at all times throughout the journey.
We reserve the right to, and shall advise our Service partners that they may, refuse to start or continue the journey until the child is wearing the appropriate restraint and to temporarily suspend the journey if, for whatever reason, the child ceases to be restrained.
We accept no liability for loss, damage, death or bodily injury that can be attributed to a Passenger’s failure to wear their own seatbelt or other restraint device that was available for their use and in working order or to ensuring that any child they are accompanying that is under the age of 14 was suitably restrained prior to the vehicle commencing or continuing its journey.
Luggage and personal effects
We accept no responsibility for the loss or damage to any luggage or property carried in or on the vehicle if such a loss or damage should occur.
Our only obligation in relation to any luggage and personal items or other items left behind by Passenger(s) in the vehicle upon completion of the Service shall be to inform you that such luggage and personal items or other items have been found and when and where they can be collected from us.
No animals, save for guide dogs (“Assistance Dogs”), may be carried without our prior written agreement.
Neither dog guards nor any other form of animal restraint are fitted in any vehicle. If you or a Passenger (the “Handler”) is travelling with an Assistance Dog then the Handler is responsible at all times for its behaviour, safety and well-being. This responsibility includes ensuring that the Assistance Dog is suitably restrained at all times so that it remains safe and it does not distract the driver or cause risk or injury to you, the Handler or any other Passengers sharing the vehicle.
We do not under any circumstances accept liability for damage suffered by the vehicle or for injury caused to the Assistance Dog or to you or the Handler or to any Passengers as a result of the Handler’s failure to keep the Assistance Dog appropriately restrained and/or controlled.
In addition, if the vehicle is in a dirty or messy and/or damaged condition at the end of the journey to the extent that it will require specialist cleaning and/or repair before it can be used for the next customer, then you will be liable for our special cleaning or expert valet costs.
For the purposes of only this Clause 6 to the Agreement the following terms shall have the ascribed meanings:
“Data Protection Legislation” shall include:
the Data Protection Act 2018 (the “Act”);
the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation, for so long as the GDPR is effective in the UK; and
any successor legislation to the Data Protection Act 2018 and the GDPR
all other terms used in this Clause (including without limitation “Personal Data”, “Controller”, and “Processor”) shall have the meaning given to them in article 4 of the GDPR.
The parties agree and acknowledge that where either party processes Personal Data pursuant to or in relation to this Agreement, that party will be carrying out the processing for its own purposes and as such will be acting as a Controller:
we will act as Controller when carrying out processing of Personal Data with respect to performance of the Services under this Agreement;
each party will act as a Controller when processing Personal Data for its own needs (e.g. accounting, management or administrative matters).
Each party shall comply with its respective obligations under all applicable Data Protection Legislation to the extent that such Data Protection Legislation applies to it in connection with the performance of its obligations or exercise of its rights under this Agreement including, but not limited to, obligations regarding security and confidentiality of the Personal Data and complying with data subjects’ requests for access, correction or deletion of their Personal Data.
Each party warrants that it has no reason to believe that any applicable laws or regulations in connection with the purpose of this Agreement shall prevent it from fulfilling its obligations under this Clause.
We are part of an international group and may from time to time securely share information relating to the Services with other companies in the group. This may include the Personal Data you provide under this Agreement. We may also disclose the Personal Data you have supplied to:
our service partners, agents and authorities for the purposes set out in Clause 2; and
credit reference agencies, DVLA, HM Revenue & Customs, the police, the British Vehicle Rental & Leasing Association (BVRLA), debt collectors and any other relevant organisation who, in our reasonable opinion, may have a legitimate requirement for the information.
LIMITATION OF LIABILITY
Notwithstanding any other clause of this Agreement, neither party excludes or limits liability for personal injury or death arising from the negligence or wilful default of either party, its servants, agents or sub-contractors; or for fraudulent misrepresentation.
We shall not be liable to you, whether in contract, tort or by statute, or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage you may suffer howsoever such loss or damage is caused, including, without limitation:
loss of anticipated savings;
loss of business and/or goods;
loss of goodwill;
loss of use;
loss of data or other information; and/or
any loss relating to your procurement of any substitution of goods or services for the Services.
For the avoidance of doubt, the types of loss and/or damage specified in clauses 7.2.1 to 7.2.6 (inclusive) above shall not constitute direct loss for the purpose of this Agreement.
Except as expressly provided in this Agreement, our total liability to you in respect of any contract arising from a booking shall be the greater of fifty pounds sterling (£50) or the Charges you paid or that are payable for such contract.
In the event of any claim against us arising out of performance of the Services, our liability shall be limited to a refund not exceeding the cost of the hire.
INDEMNITY TO BRUNEL
You shall indemnify us against:
all losses we may suffer including, but not limited to, claims, demands, proceedings, fines, penalties, costs, expenses and loss of or damage to the vehicle as a result of or in connection with any breach by the you and/or any Passenger of this Agreement and/or for any fraud, error, omission or misrepresentation by you and/or any Passenger;
all claims and demands made against us by any third party in excess of our liability under clause 7 of this Agreement; and
all claims and demands made against us by any third party due in any way to the act or omission of the you and/or a Passenger including your (or the Passenger’s) negligence or wilful default.
This Agreement may be terminated by either party by one months’ notice in writing to the other.
We reserve the right to terminate this Agreement or to suspend the Service or your account facility forthwith in the event that:
invoices are not paid within 30 days of the invoice date; or
you are in material breach of any of the terms of this Agreement and, in the event that such breach is capable of remedy, you fail to remedy the breach within 14 days of receiving our written notice of the breach.
Complaints and Dispute Resolution
Should you need to complain about the service we have provided, you should do so with our customer services team or your nominated Account Manager. Should the matter not be resolved to your satisfaction, you can also escalate your complaint to our Commercial Director.
All complaints must be made within 5 days of service completion and cannot be considered once payment of an invoice has been received. We will acknowledge receipt of your communication immediately and advise you when and how we will contact you again. We may need to ask you for further information so we can investigate your complaint thoroughly.
We will endeavour to resolve all issues within 2 working days; however, it may sometimes take longer.
In the event of there being any disputes regarding the interpretation of this Agreement relative to the account, our decision shall be final and binding upon the Customer.
We shall not accept responsibility for any event beyond our reasonable control which prevents us from performing our obligations under the relevant contract including, but not limited to:
your acts, omissions or misrepresentations or those of a Passenger or an independent contractor;
delays, howsoever caused. We are unable to guarantee arrival times or vehicle availability although every possible effort will be made to ensure that the booking requirements are met. However, there will be times due to circumstances beyond our reasonable control where we may be unable to honour this Agreement; and/or
any unforeseen circumstances or causes beyond our reasonable control, including but not limited to, acts of God, war, invasion, rebellion, riot, malicious damage, terrorism, compliance with any law or government emergency procedure, accident, fire, flood, storm or industrial dispute.
Assignment and Sub-contracting
You may not assign or transfer the whole or any part of this Agreement without our prior written consent.
We may, at our discretion, sub-contract the provision of the Services to an appropriate sub-contractor PROVIDED that such sub-contractor performs the Services to the same standard as we do under the terms of this Agreement.
Any notice to be served on either of the parties by the other shall be sent either:
by prepaid recorded delivery to the addressee’s registered office which shall be deemed to have been received within
2 Working Days of posting; or
by email when the notice will be deemed received within 1 Working Day of the time of transmission.
Variation to this Agreement
No representations made or variations in or additions to this Agreement or warranty given by any person acting or purporting to act on our behalf shall have any force or effect whatsoever unless confirmed in writing by an authorised officer of both you and us.
This Agreement together with the Tariff Sheet and the Account Application Form contains all the terms agreed by you and us regarding the subject matter hereof and supersedes any prior agreements, understandings or arrangements between us, whether oral or in writing, and no representation, undertaking or promise shall be taken to have been given or be implied from anything said or written prior to this Agreement except as expressly set out in this Agreement.
If any part of this Agreement is found to be invalid or unenforceable by a court having jurisdiction over the matter the invalid or unenforceable part of the provision shall be removed and shall not affect the validity of the rest of the Agreement.
Third Party Rights
Nothing in this Agreement is expressly or impliedly intended to confer on any third party any right to enforce any of its provisions pursuant to the Contracts (Rights of Third Parties) Act 1999.
No Waiver of Rights
No failure on the part of either party to exercise and no delay on its part in exercising any right or remedy under this Agreement will operate as a waiver of such right or remedy nor will any single or partial exercise of any right or remedy preclude any other or further exercise of it or the exercise of any other right or remedy.
The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Governing Law and Jurisdiction
The parties hereto submit to the exclusive jurisdiction of the Courts of England and Wales.
Issue 3 | December 2019