Private Hire Operators Contract with Passengers (UK LAW)
TERMS AND CONDITIONS OF TRADING

Regulation 9(14) of the Private Hire Vehicles (London) (Operators' Licences) Regulations 2000 (the 2000 Regulations) provides that: “The operator shall enter into a contractual obligation as principal with the person making the private hire booking to provide the journey which is the subject of the booking, and any such contractual obligation must be consistent with the 1998 Act and these Regulations.” This means that: To comply with the 1998 Act, London PHV operators must therefore contract directly with passengers and must do so on their own behalf as opposed to on behalf of someone else (e.g. a driver). Contracting with passengers as “principal” means that operators must be legally responsible for the provision of the journey (or transportation services). 1. DEFINITIONS Cancellation Fee - means a fee charged by the Supplier for the cancellation of the Service Cancellation on Arrival fee - means a fee charged where a Passenger is not ready for by the Customer prior to the booked collection time and after the Vehicle le has departed to Luggage & Personal Items - means suitcases, trunks, bags or other similar items used by a Passenger to hold their personal possessions during the Service and including all other items (such as handbags, mobile phones, personal electronic devices, sunglasses, cameras and keys) brought by a Passenger into the Vehicle but not otherwise contained within a suitcase, trunk or bag Passenger - means a person (including the Customer where applicable) who the Supplier agrees to transport from one place to another Seizure or Forfeiture - means any detention of the Consignment, or part thereof, by the Police, HM Revenue & Customs, Border Agency or other statutory or regulatory body whether in the UK or overseas Service -means the carriage of goods or passengers requested by the Customer Price List - means the list maintained by the Supplier of its charges for the Service and any ancillary charges quoted to the Customer or as published on the Supplier's website prior to or at the time of the booking Temperature Sensitive Goods - means goods which are subject to decay, deterioration or damage if not held under refrigerated conditions Vehicle - means the vehicle employed by the Supplier to perform the Service 2. CARRIAGE OF PASSENGERS & LUGGAGE 2.1 Customer contracts as agent on behalf of any and all Passengers The Customer contracts for itself and as agent on behalf of any and all Passengers. 2.2 Right of Driver to refuse carriage The driver is responsible for the safety of the Vehicle and its occupants. Any Passenger whose conduct the driver reasonably believes to be threatening, drunken and disorderly, abusive, dangerous or in breach of any statutory regulation may be removed from a Vehicle or prevented from boarding. The Customer will be responsible for the conduct of any Passenger and shall indemnify the Supplier for any damage or injury caused to the Vehicle driver or any third party's property by the Customer or any Passenger. 2.3 Passengers taken ill The Customer will be responsible for the conduct of the Passenger(s) and shall pay for any loss and/or damage caused by the Passenger(s) to the Vehicle or any other property, including but not limited to cleaning costs following any spillage or soiling of the Vehicle and any loss of earnings suffered by the Supplier or any sub-contractor or employee of the Supplier due to the Vehicle being out of use during such c leaning. 2.4 Loss of Passengers' Luggage The Passenger(s) shall remain responsible at all times for their Luggage & Personal Items and shall ensure that all their Luggage & Personal Items are loaded into the Vehicle prior to commencement of the Service, and unloaded from the Vehicle upon completion of the Service. The Supplier accepts no responsibility for any loss of / damage to Luggage & Personal Items or consequential losses arising as a result of Luggage & Personal Items which are not loaded onto or unloaded from the Vehicle. 2.5 Left Luggage The only obligation of the Supplier in relation to any Luggage & Personal Items or other items left behind by Passenger(s) in the Vehicle upon completion of the Service shall be to inform the Customer that such Luggage & Personal Items or other items have been found, and when and where they can be collected from the Supplier. 2.6 Cancellation on Arrival If the Service is cancelled upon arrival of the Vehicle to collect the Passenger(s) a Cancellation Fee will be payable by the Customer to the Supplier. 2.7 Waiting time - General The Passenger(s) and any Luggage or Personal Items shall be ready for collection at the time stipulated by the Customer when the booking is made. However, the Supplier will allow 10 minutes for waiting or loading, when picking up Passenger(s). In the event that all booked Passengers have not boarded the vehicle within 10 minutes the Supplier reserves the right to charge the Customer for the total loading/waiting time (for the avoidance of doubt, including the first 10 minutes) in accordance with the Price List. In any event the Supplier reserves the right to terminate the Contract at any time after the first 10 minutes and, in addition to any charge for loading/waiting time, may charge a termination fee in accordance with the Price List for such termination. 2.8 Waiting time - Collections from Airports, Seaports and International Train Terminals In relation to collections of Passenger(s) from Airports, Seaports or International Train terminals the Supplier will allow 10 minutes (starting from the last estimated arrival or disembarkation time known to the Supplier for the relevant aircraft train or ship) for waiting and loading. Thereafter the Supplier reserves the right to charge the Customer for the total loading/waiting time (for the avoidance of doubt, including the first 10 minutes) in accordance with the Price List. In any event the Supplier reserves the right to terminate the Contract at any time after the first 10 minutes and, in addition to any charge for loading/waiting time, may charge a termination fee in accordance with the Price List t for such termination. 2.9 Minors The Supplier will not carry any unaccompanied children less than 14 years of age. 2.10 Animals The Supplier will not carry any animals except Guide Dogs by accompanying registered blind Passengers. 2.11 Seat belts/legal requirements/driver's hours The Customer and its Passenger(s) shall not require the driver of the Vehicle to break any provisions of the Road Traffic Acts, or the rules contained in the Transport Act 1968, as amended; the AETR Agreement; or the EU Regulations (EC Reg. 561/2006, as amended) relating to driver's maximum daily hours and rest periods. The Passenger(s) shall comply with all applicable legislation and regulations including the requirement to wear seat-belts. 2.12 Missing flights/Delay It is the responsibility of the Customer to ensure that sufficient time is allowed for completion of the Service. The Supplier gives any advice on journey times in good faith but does not guarantee the completion of any journey in any specific time and will not be liable for any direct or consequential loss, delay or inconvenience caused to the Passenger(s) by the actual journey time (including but not limited to flight and hotel costs). 2.13 Route taken Unless otherwise instructed by the Passenger before the commencement of the Service, routes travelled will (in accordance with road, traffic and weather conditions) be at the driver's discretion. 3. CARRIAGE OF GOODS 3.1 Customer status The Customer warrants that he is either the owner of the Consignment or is authorized by such owner(s) to accept these Conditions on such owners' behalf. 3.2 Requirement that customers ensure all goods properly packed for shipment (incl. acknowledgement that goods will be multi-handled) The Supplier does not offer or provide a packing or packaging service. The Supplier shall be under no obligation to accept, carry or deliver a Consignment if, in the opinion of the Supplier, it is insufficiently packaged for the intended Service. The Customer acknowledges that the Consignment may in the course of carriage have to be handled on numerous occasions and warrants that the packaging of the Consignment is sufficient to withstand the ordinary rigours of transit. The Customer shall pay special attention to the packaging of furniture, Electronic Equipment and any other equipment sensitive to physical damage. 3.3 Customer to ensure correct size Vehicle is booked, taking into account weight and volume of Consignment The Customer must, at the time of booking, specify the type and size of Vehicle which he requires to perform the Service. The Supplier shall not be liable for any losses to the Customer whether direct or consequential which may arise because the Vehicle is not capable of performing the Service due to the size, weight or volume of the Consignment exceeding the permitted load capacity of the Vehicle. The Customer must, with reasonable accuracy, declare to the Supplier at the time of booking the weight, size and/or volume of the Consignment and must specify whether an additional operative and/or any equipment is required to lift or move the Consignment or any item within the Consignment. If no such declaration is made the Customer warrants that the Consignment, or any one item within the Consignment, does not exceed 32 kg and is capable of being moved by one person. 3.4 Items have to be ready for driver The Customer shall ensure that the Consignment is ready and available at the collection time agreed between the Customer and the Supplier at the time of booking. 3.5 Waiting time The Supplier will allow 10 minutes for loading, unloading or waiting when picking up or delivering any Consignment. Thereafter the Supplier reserves the right to charge the Customer for the total loading/waiting time (for the avoidance of doubt, including the first 10 minutes) in accordance with the Price List. 3.6 Cancellation on arrival In the event that the Consignment is not loaded to the Vehicle within 10 minutes of the agreed collection time the Supplier may refuse to accept the Consignment and reserves the right to charge a Cancellation on Arrival fee or may charge an additional fee in accordance with its Price List for the total period of waiting (for the avoidance of doubt including the first 10 minutes). 3.7 Driver not authorised to accept otherwise excluded items The Supplier's driver or other operative is not authorised by the Supplier to vary, waive or otherwise amend the terms of the Contract and is not authorised to accept for carriage any Excluded Goods or any item other than in accordance with these Conditions. 3.8 Loading of Consignments The Supplier's driver will perform a Health & Safety risk assessment prior to loading any Consignment into the Vehicle. Unless the Vehicle is fitted with lifting equipment the maximum weight of any one item within a Consignment is 32kg where one driver is employed for the Service. The Supplier's driver may refuse to carry the Consignment if as a result of his risk assessment he considers it unsafe to load and the Supplier reserves the right to cancel the booking, charge a Cancellation on Arrival fee and re-book the Service with the equipment required to move the Consignment safely. The Supplier shall not be liable for any losses to the Customer whether direct or consequential which may arise as a result of such cancellation. Where a Consignment or any part of it exceeds 32 kg and the Supplier is notified by the Customer at the time of booking an additional operative and/or any lifting equipment will be provided (at a rate to be agreed between the Customer and Supplier. In the absence of agreement the Supplier s hall be under no obligation to supply such operative or equipment). 3.9 Provision for treatment of an undeliverable Consignment 3.9.1 Where the Supplier is unable to effect delivery of all or part of a Consignment as requested by the Customer the Supplier shall (at the expense of the Customer) return the Consignment, or any undelivered part of a Consignment, to the Supplier's nearest depot. 3.9.2 The Supplier will take all reasonable steps to notify the Customer of an undelivered Consignment (or part thereof) and obtain the Customer's further instructions. An instruction from the Customer to re-deliver the Consignment will incur a further charge in accordance with the Price List. . 3.10 Delay The Supplier will use its best endeavours to complete the Service in the shortest time possible but does not guarantee delivery of any Consignment by any specific time and will not be liable for any direct or consequential loss caused to the Customer or any other party as a result of alleged delay in completion of the Service. 3.11 Lien & Power of Sale The Supplier shall have: 3.11.1 a particular lien on the Consignment, and 3.11.2 a general lien against the Customer for any unpaid sums due to the Supplier. If such lien, whether particular or general, is not satisfied within a reasonable time, the Supplier may upon 21 days written notice to the Customer sell the Consignment, or part thereof, as agent for the Customer and apply the proceeds towards any sums then due from the Customer to the Supplier (including but not limited to the expenses of the retention, insurance and sale of the Consignment) and shall, upon accounting to the Customer for any balance remaining, be discharged from all liability whatsoever in respect of the Consignment. 3.12 Liability of the Supplier for loss, damage or misdelivery 3.12.1 The Supplier shall not in any circumstances be liable for any loss, damage or misdelivery of Excluded Goods. Excluded Goods may be accepted for carriage but only at the Customer's own risk. The Customer is strongly advised to arrange full insurance in respect of any loss or damage or misdelivery of Excluded Goods. 3.12.2 The Supplier shall not be liable for any mechanical, electrical or electronic breakdown or derangement to any machinery within a Consignment or to Electronic Equipment. 3.12.3 The Supplier shall not be liable for any loss or misdelivery or damage to any Consignment due to any cause which the Supplier was unable to avoid or prevent by the exercise of reasonable diligence. 3.12.4 The Supplier shall not be liable for any loss or misdelivery or damage to any Consignment resulting from Seizure or Forfeiture of the Consignment. 3.12.5 The Supplier shall not be liable for any loss or misdelivery or damage to any Consignment due to any act, omission or misrepresentation by the Customer and/or the owner of the Consignment and/or the consignee. 3.12.6 The Supplier shall not be liable for any loss or misdelivery or damage to any Consignment due to insufficient or improper packing, labelling or addressing 3.12.7 The Supplier shall not be liable for any loss or damage to any Consignment due to its inherent liability to natural deterioration or wastage and/or inherent defect. The Supplier does not provide refrigeration facilities and shall be under no liability whatsoever for any loss or damage to Temperature Sensitive Goods. 3.12.8 The Supplier s hall not be liable for any consequential losses arising from loss, misdelivery or damage to any Consignment. 3.12.9 Transit shall (unless otherwise agreed) end when the Consignment is tendered at the Consignee's address and the Supplier shall not in any circumstances be liable for loss or damage to the Consignment reported after transit is deemed to have ended, whether or not caused or contributed to by the Supplier. 3.12.10 Subject to the above sub-clauses 1 to 9 inclusive, the Supplier's liability for loss of or damage to any Consignment of which the weight has been measured and recorded by the Supplier shall not exceed a sum calculated at a rate of 13 British pounds per kilogramme on the gross weight of the Consignment up to a maximum of 100 British pounds and the Supplier's liability in respect of any one Consignment for loss of or damage to such Consignment of which the weight has not been measured and recorded by the Supplier shall where it is carried by bicycle or motorbike not exceed 100 British pounds and in all other cases not exceed 1,000 British pounds. 4. GENERAL CONDITIONS 4.1 General The Supplier is not a common Supplier and only accepts Passengers/ Consignments for carriage upon these Conditions. 4.2 Commencement and end of Service - Supplier's Period of Responsibility The Service shall commence upon the arrival of the Vehicle for collection of the Consignment or Passenger(s) at the place of collection designated by the Customer. The Service shall terminate upon delivery of the Consignment or Passengers at the agreed place of delivery. 4.3 Right to sub-contract the Service 4.3.1 The Supplier may engage any agent or sub-contractor to perform the Service and shall provide the name of such agent or sub-contractor to the Customer upon request. Subject to paragraph 4.3.2, the Supplier contracts for itself and on behalf of its agents and sub-contractors. 4.3.2 The carriage of any Consignment by rail, sea, inland waterway or air is arranged by the Supplier as agent of the Customer and shall be subject to the terms and conditions of the relevant sub-contracted Supplier. 4.4 Supplier's charges 4.4.1 The Supplier's charges shall be based upon the Price List, with VAT to be added if required by law. 4.4.2 Any charges based upon weight shall be calculated by reference to the gross weight of the Consignment, as measured and recorded by the Supplier, save that the Supplier reserves the right to charge based on the volume of the Consignment where appropriate. 4.4.3 The Supplier's charges are to be paid in full within 28 days from the date of the Supplier's invoice, without any deduction or set off against any alleged claim against the Supplier. 4.4.4 Any query by a Customer in respect of the Supplier's charges must be made in writing within 7 days of the date of the Supplier's invoice. 4.4.5 If the Supplier's charges are not paid in full within 28 days from the invoice date, the Supplier shall thereafter be entitled to charge interest on all outstanding amounts at an annual rate of 2% above the Bank of England base rate current at the date of the unpaid invoice. Where the Customer is a commercial entity, interest and penalties shall be charged pursuant to the Late Payment of Commercial Debts (Interest) Act 1998. 4.4.6 The Supplier operates an electronic invoicing system. All invoices, credit notes and statements will be sent to the Customer electronically. If the Customer requires paper invoices or credit notes (or cannot provide the Supplier with an email address) the Supplier reserves the right to make an administrative charge. 4.5 Proof of value The Customer shall provide documentary evidence of the value of any Consignment or part of a Consignment alleged lost or damaged including, but not limited to, the original invoice, or valuation current at the time of the claim. 4.6 Consignment Notes The Supplier does not issue paper consignment notes or any other document of carriage. Proof of delivery, and proof of collection if requested in advance by the Customer, can be sent by e-mail to the Customer. 4.7 No variation of terms These Conditions shall apply to the exclusion of any other terms and conditions (including those of the Customer). Unless agreed in writing by a Director of the Supplier, no employee, agent or sub-contractor of the Supplier is authorised to alter or vary these Conditions. 4.8 Cancellation In the event of cancellation of the Contract by the Customer after despatch of the Supplier's Vehicle, the Customer shall be liable to pay a Cancellation Fee to the Supplier. 4.9 General indemnity against any charges incurred by Supplier The Customer shall indemnify the Supplier in respect of: 4.9.1 All consequences suffered by the Supplier (including but not limited to claims, costs, expenses , demands, proceedings , fines, penalties, damages, and loss of or damage to the carrying Vehicle and to other goods carried) arising as a result whether direct or indirect of any error, omission, misstatement or misrepresentation by the Customer or other owner of the Consignment or an employee or agent of either of them; or as a consequence of insufficient or improper packaging, labelling or addressing of the Consignment or by reason of fraud. 4.9.2 All claims and demands whatsoever in ex cess of the liability of the Supplier under these Terms and Conditions. 4.9.3 All losses suffered by and claims made against the Supplier resulting from loss of or damage to property caused by or arising out of the carriage by the Supplier of Dangerous Goods. 4.9.4 All claims made upon the Supplier by H M Revenue & Customs in respect of dutiable goods. 4.10 Equal Opportunity Employer The Supplier is an Equal Opportunity Employer and has implemented a policy to promote equality in relation to disability, gender, race, age, religion or belief and sexual orientation. The Supplier will refuse to accept any booking which would contravene that policy - a copy of the Policy will be provided upon request. 4.11 Severance If any provision of the Conditions is held by any court or competent authority to be invalid or unenforceable, in whole or in part, the validity of the remainder of these Conditions and of such provision shall continue in full force and effect. 4.12 Claims No claim shall be brought against any officer, employee or sub-contractor of 4.13 Time Limits for Claims The Supplier shall not be liable for any loss of or damage to any Consignment unless a written claim is submitted by the Customer to the Supplier within 14 days of the date of delivery of the Consignment or the date when it should have been delivered. The Supplier shall in any event be discharged from any liability whatsoever and howsoever arising in respect of any Service unless proceedings are commenced in accordance with clause 4.14 and written notice of those proceedings given to the Supplier within 9 months of the date of delivery of the Consignment or the date when it should have been delivered in the case of the carriage of goods, or the date of termination of transit in the case of the carriage of Passengers. 4.14 Law and jurisdiction These Conditions and the Contract to which they apply shall be subject to English law, and any dispute between the Customer and the Supplier shall be subject to the exclusive jurisdiction of the English Courts.