Terms & Conditions apply to all services provided by Birminghamairport.Taxi (www.birminghamairport.taxi).
1.1 In these Conditions: “These Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Passenger and the Provider; “The Passenger” means the person who accepts a quotation or offer of the Provider for the sale of Services or whose order for the Services is accepted by the Provider;
“The Provider” means birminghamairport.taxi and/or its sub-contractors;
“The Contract” means the contract for the provision of airport transfer services under these Conditions;
“The Service” means the service of transport to or from airports or any other journey as agreed with the Passenger which the Provider is to supply in accordance with these Conditions;
1.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2.1 The Provider shall sell and the Passenger shall purchase the Service in accordance with any quotation or offer of the Provider which is accepted by the Passenger, or any reservation of the Passenger which is accepted by the Provider, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such reservation is made or purported to be made, by the Passenger.
2.2 A contract will only come in to being upon the acceptance of the Provider of the reservation and the following conditions shall be deemed to be incorporated in the contract. The Passenger accepts these terms & conditions by placing a reservation, booking with the Provider via but not limited to the Providers; web site www.birminghamairport.taxi; via telephone; social media; or via any representative agent.
2.3 The Contract will be subject to these conditions. The Provider reserves the right to revise these terms & conditions at any time without prior notice at its sole discretion. Any revised terms and conditions will be posted on the Provider’s web site and will come into effect immediately after posting.
2.4 No reservation submitted by the Passenger shall be deemed to be accepted by the Provider unless and until confirmed in writing by either email, telephone or otherwise by an authorised representative of the Provider.
2.5 The specification for the services shall be those set out in the Providers sales documentation unless varied expressly in the passengers reservation (if accepted by the provider). The service will only be supplied as stated in the providers price list. Reservations received other than these will be adjusted accordingly. Illustrations, photographs or descriptions whether in the website, brochures, price lists or other documents issued by the provider are intended as a guide only and the contents shall not be binding on the Provider.
2.6 The Provider reserves the right to make any changes in the specification of the services which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the services are to be supplied to the Providers specification, which do not materially affect their performance.
2.7 Sub- contracting companies are not authorised to make any representations or claims concerning the service unless confirmed by the Provider in writing by email, telephone or otherwise. In entering into the Contract the Passenger acknowledges that it does not rely on, and waives any claim for beach of, any such representations, which are not so confirmed.
2.8 No variation to these Conditions shall be binding unless agreed in writing by email, telephone or otherwise between the authorised representations of the passenger and the provider.
2.9 Sales literature, price lists and other documents issued by the provider in relation to the service are subject to alteration without notice and do not constitute offers to sell the service, which are capable of acceptance. A reservation placed by the passenger may not be withdrawn cancelled or altered prior to acceptance by the provider. No contract for the offer of service shall be binding on the provider unless the provider has issued a quotation which is expressed to be an offer of service; or has accepted a reservation placed by the passenger, by whichever is the earlier of:-
2.9.1 the Providers written acceptance; or
2.9.2 delivery of the service;
2.10 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Provider shall be subject to correction without any liability on the part of the Provider.
2.11 The price of the Service shall be the price quoted on the Provider’s website current at the date of acceptance of the passengers reservation or such other price as may be agreed in writing by the provider and the passenger.
2.12 Where the provider has quoted a price for the service other than in accordance with the Provider’s website price list, the price quoted shall be valid for 24 hours only or such other time as the Provider may specify.
2.13 The Provider reserves the right, by giving notice to the Passenger at any time before delivery, to increase the price of the service to reflect any increase in the cost to the provider which is due to any factor beyond the control of the provider (such as, without limitation, any foreign exchange fluctuation, currency regulation or alteration of duties, any change in delivery dates, quantities or specifications for the service which is requested by the Passenger, or any delay caused by any instructions of the Passenger or failure of the Passenger to give the Provider adequate information or instructions.
2.14 The Provider reserves the right to use the services of contractors or sub-contractors (herein known as third parties) to provide services to Passengers. Where appropriate contact details of third parties will be provided by the Provider upon any reasonable request and at the discretion of the Provider.
2.15 Reservations may be applicable to airport charges, postal surcharges and or congestion/green air charges.
2.16 A maximum time of 15 minutes for non-airport pick-ups & 1 hour 30 minutes for airport pick-ups will be allocated. In the event of the passenger failing to show up within this time and at the Provider’s choice, the reservation will be classified as a no-show & will be subject to clauses 3.2 & 4.33.
3.1 The Provider (herein known as Birminghamairport.taxi) prices are based on Passengers being ready to travel at the booked time. Passengers must book their airport transfer in accordance with check-in times and guidelines provided by their relevant airline. We recommend arriving at the airport at least 3 hours before your scheduled departure time and for airport pick-ups, one hour after your scheduled arrival.
3.2 All pick-ups except airport pick-ups have a free 15-minute wait; thereafter you will be charged 25p per minute for the entire waiting time.
Airports pick-ups: 1 hour 30 minutes free waiting time from the time the flight lands, thereafter you will be charged 33p per minute.
Charges for waiting time are at the discretion of the driver.
3.3 Fares quoted are flat rates. Any diversions, additional set downs or pickups by passengers will incur a minimum charge of £3.00 per diversion. Fares quoted that are not booked will have a validity of 24 hours. Birminghamairport.taxi reserves the right of altering any prices without prior notification however for any quote/booking confirmed by Birminghamairport.taxi, the Passenger will be informed of the change and allowed to cancel or accept the reservation.
3.4 Neither Birminghamairport.taxi nor any of its contracted or sub-contracted drivers will accept responsibility for loss or damage to the luggage. Passengers are responsible for ensuring that their luggage is loaded/unloaded at all times, if accompanying the luggage on the journey. Birminghamairport.taxi or its contracted or sub-contracted drivers have the right to refuse any passenger or to make the journey due to the passenger having excess luggage which would result in the vehicle being unsafe whilst in motion.
3.5 Vehicles are booked by Passengers as requested. Passengers shall refer to the baggage permitted for each vehicle and choose the appropriate vehicle for their luggage requirements.
3.6 Birminghamairport.taxi will not carry in its vehicles any of the following:
* Explosives, firearms, flammables, tear gas, mace, pepper spray
* Fragile, breakable, or temperature sensitive items
* Without expressed written consent from Birminghamairport.taxi, pets, insects, animals (other than registered Guide Dogs for the visually impaired and in addition domestic pets (Cats & Dogs)
* Hazardous waste
* Pressurised containers (unless secured in travel bracket or box
* Alcoholic beverages, or anything containing alcohol that are not securely closed
* Illegal narcotics/drugs
* Birminghamairport.taxi reserves the right to disallow additional goods at any time
3.6.1 In the instance where unaccompanied luggage is transported. You agree to defend, indemnify and hold Birminghamairport.taxi and its owners, workers, clients, agents, and driver harmless from all claims, demands, causes of actions, damages, liabilities, costs and expenses, including attorneys’ fees, arising from or related to your acts or omissions in connection with your use of the Service and omissions in relation to clause 3.6 in its entirety.
3.6.2 In the instance where unaccompanied luggage is transported. Birminghamairport.taxi will try its level best to deliver the luggage to the exact destination as booked by the passenger. If the driver is unable to obtain a signature for the receipt of luggage on such delivery. The driver is within his remit to return the luggage to our head office where storage and additional delivery costs may be incurred.
4.1 No reservation which has been accepted by the Provider may be cancelled by the Passenger except with the agreement in writing, by email, telephone or otherwise of the Provider and on terms that are suitable for the purpose for which they have been booked for as in clause 3.5 will be subject to clause 4.3.3.
4.2 Birminghamairport.taxi adopts a free cancellation policy where more than 3 hours notice is provided. It is the Passenger’s responsibility to ensure Birminghamairport.taxi has received Passenger’s cancellation notice.
4.3 Cancellations must be informed of a minimum of 3 hours prior to the time of booking by Telephone:+44 777 007 0321.
4.4 Vehicles that are booked by Passengers that are not suitable in terms of luggage capacity or the number of seats will incur cancellation charges of 50% of the total journey cost.
4.5 Cancellations informed 1 to 3 hours prior to the time of booking will incur a cancellation charge of 50%.
4.6 Cancellations with less than one hour’s notice shall incur a cancellation charge of 100% of quoted price for provision of service.
5.1 The Provider shall not be liable to the Passenger or be deemed to be in breach of the Contract by reason of any delay in delivery or in performing, or any failure to perform, any of the Providers obligations in relation to the Service. Time is not of the essence.
Provider excludes all liability if the delay or failure was due to any cause beyond the Providers reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Providers reasonable control directly or indirectly:-
5.1.1 act of God, explosion, flood, tempest, fire or accident;
5.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
5.1.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
5.1.4 traffic accidents, traffic hold-ups, traffic congestion;
5.1.5 strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Provider or of a third party);
5.1.6 flight delays, flight cancellations;
5.1.7 power failure or breakdown in machinery including computer systems.
5.2 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
5.3 Except as expressly provided in these Conditions, the Provider shall not be liable to the passenger by reason of any representation, or any implied warranty, condition or other terms, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Passenger (including, without limitation, loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Provider, its servants or agents or otherwise) which arise out of or in connection with the supply of the services.
5.4 If clause 4.2 applies then without prejudice to any other right or remedy available to the Provider, the Provider shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Passenger, and if the Services have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
5.5 The Passenger undertakes to the Provider that:-
5.5.1 the Passenger will regard as confidential the Contract and all information obtained by the Passenger relating to the business and/or products of the Provider and will not use or disclose to any third party such information without the Provider’s prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of the Passengers default;
5.5.2 the passenger will use all reasonable endeavours to ensure compliance with this condition by its employees, servants and agents. This Condition shall survive the termination of the contract.
6.1 No waiver by the provider of any breach of the Contract by the passenger shall be considered as a waiver of any subsequent breach of the same or any other provision.
6.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
6.3 The Contract shall be governed by the laws of England & Wales and the jurisdiction shall be England and Wales.