- 1. Contractual terms and conditions
1.1 This completed form, sent to Kirkham Group (‘Kirkham Chauffeur Services’) is an offer by the person or company first named (the ‘Customer’) on the front side of this application form (or the online version of it, as the case may be) (the ‘Application Form’) to enter into a contract with Kirkham Chauffeur Services for the provision of its services on an account basis. A contract will be concluded only upon issue by Kirkham Chauffeur Services to the Customer of written confirmation that the application has been accepted.
1.2 Kirkham Chauffeur Services reserves the right in its absolute discretion, and without giving reasons, to reject this application and to decline to enter into a contract.
1.3 A contract shall only be concluded on the terms and conditions contained on the front and rear of this form. The contract shall be personal to both parties and absolutely non-assignable.
1.4 The Customer shall notify Kirkham Chauffeur Services of any change in the particulars shown overleaf. Alterations take effect on the date shown in a confirmation notice issued by Kirkham Chauffeur Services to the Customer.
- 2. Bookings
2.1 Unless agreed otherwise, no bookings will be accepted by Kirkham Chauffeur Services unless the Customer’s BAR (Booking Authorisation Reference) is quoted. Kirkham Chauffeur Services is entitled to assume that any person who correctly quotes the Customer’s name and BAR has authority to make the booking on behalf of the Customer. The Customer is solely responsible for safeguarding the confidentiality of such information and shall be liable for the cost of all bookings made by any such person whether or not in fact authorised by it. Should the customer request to waive the requirement for a BAR, this clause will apply as if a BAR had been requested and given accordingly.
2.2 Kirkham Chauffeur Services may in its absolute discretion without liability and without giving reasons refuse to accept any booking.
2.3 All accepted bookings are confirmed at the time of the booking. The Customer is liable for all charges incurred from the time when the vehicle is assigned to the booking until completion of the assignment or sooner cancellation. In the event of cancellation by the Customer or passenger(s), the Customer is also liable for the cancellation charges detailed in the extra charges section of www.kirkhams.co.uk/terms_extra_charges a copy of which is available on request from Kirkham Chauffeur Services. The liability of Kirkham Chauffeur Services in the event of cancellation is set out at 4.4.
- 3. Charges
Charges will be made on the basis of the Price List. Items and bases of charging include:
3.1 A minimum fixed charge for every hiring.
3.2 A charge for waiting time over a set threshold will be applicable as detailed in the extra charges section of www.kirkhams.co.uk/terms_extra_charges
3.3 In the event of a vehicle being soiled by a passenger, a ‘soiling charge’ will be applied. For details please see www.kirkhams.co.uk/terms_extra_charges
3.4 An administration charge may be charged to your account.
3.5 VAT as appropriate.
We will review our prices from time to time. We will advise you in writing before making any change to your prices which is higher than inflation (according to the Bank of England’s latest published rates). For reasons of competitive sensitivity we are not able to publish our prices online. Should you require information about your prices at any time, please contact our Customer Service Department and we will reply to your request within one business day.
- 4. Extent of Kirkham Chauffeur Services’ Liability
4.1 Any quoted pick up or journey times are best estimates only and whilst it uses all reasonable efforts to convey passenger(s) to their destinations in the shortest possible time, Kirkham Chauffeur Services 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 Kirkham Chauffeur Services 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.
4.2 Kirkham Chauffeur Services 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 Kirkham Chauffeur Services.
4.3 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. Kirkham Chauffeur Services cannot entertain any claim for loss of or damage to any such items.
4.4 If Kirkham Chauffeur Services 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. In such an event, Kirkham Chauffeur Services may, with the Customer’s consent, arrange for an alternative car service provider to fulfil the booking on its behalf.
4.5 Any claim or complaint shall be notified by the Customer to Kirkham Chauffeur Services within 30 days of the date of the invoice containing the relevant booking.
- 5. Payment
5.1 Unless agreed otherwise, invoices are issued monthly to the address and relevant person indicated on the Application Form, or fortnightly where pre-authorised payment has not been set up. Each invoice only covers bookings up to the date stated on it.
5.2 Settlement in full is due 30 days from the invoice date.
5.3 Kirkham Chauffeur Services reserves the right to charge interest on unpaid accounts at the base rate of Lloyds Bank Plc plus 4% accruing on a daily basis and compounded on a six-monthly basis from the due date until full settlement. For companies that settle by invoice, we reserve the right to charge a late settlement fee of 5% of the amount of the invoice, should your invoice not be paid in accordance with the payment terms of your account.
5.4 The Customer shall pay to Kirkham Chauffeur Services any reasonable expenses (including those charged by any debt collection agency) together with all legal and court costs incurred in the collection of any overdue payment and the minimum charge in this respect shall be £10.
5.5 Pre-authorised payment can be set up by direct debit or by providing relevant credit card details.
5.6 Queries must be notified in writing to Kirkham Chauffeur Services within 30 days of receipt of the invoice after which date the Customer shall not be entitled to dispute the amount shown save for manifest or gross error.
5.7 Any deposit paid in connection with your account may be forfeit in the event of ongoing late payment of invoices.
- 6. Termination of Account
6.1 The account is 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 Kirkham Chauffeur Services without notice at any time if any amount is due and unpaid by the Customer.6.2 Upon termination of the account for whatever reasons all sums payable to or chargeable by Kirkham Chauffeur Services, or otherwise appearing on the Customer’s account, shall become immediately due and payable in full if not already due and payable.
- 7. Alteration to these Terms & Conditions
Kirkham Chauffeur Services reserves the right to alter or vary these terms and conditions in any respect at its absolute discretion upon notifying the Customer of the relevant alterations and of the date upon which such alterations take effect.
- 8. Applicable Law
The laws of England and Wales apply.