Carbon Voyage Terms of Service
1. Introduction
This Agreement contains all the terms and conditions agreed to by Carbon Voyage and the Customer regarding the subject matter
hereof and supersedes any and all prior agreements, understandings or arrangements between them, 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.
2. Definitions
The following definitions apply with respect to these terms and conditions:
- “Application Form” means the completed application form (either via online or offline forms and documents) and provided to Carbon Voyage Limited.
- “Agreement/Contract” means an agreement for the sale or supply of services by Carbon Voyage Limited to the Customer.
- “Company” means Carbon Voyage Limited.
- “Customer” means a person with whom Carbon Voyage Limited has made or wishes to make an agreement for the supply of services, and in the context of this agreement also means the passenger who may either be the customer or a person nominated by the customer to use the service.
- “Price List” means the price shown in the lists, catalogues or other publications published in paper or electronic form by Carbon Voyage.
- “Supplier” means any supplier of vehicles to Carbon Voyage. This term may be used interchangeably with sub-contractor.
- “Terms” means these terms and conditions and any additional terms and conditions identified on the Carbon Voyage Limited website as applying from time to time.
3. Bookings
- A booking is made when a customer requests the use of a vehicle for a passenger (or passengers) and/or goods either via the Company's website or on the phone.
- The booking will be completed once the customer has paid for the booking (unless an account customer). The customer is responsible for filling in the correct information about pick up and drop off details.
- Carbon Voyage will provide the customer with acknowledgement details about the job being accepted and details of the supplier who is going to provide the vehicle.
- The supplier will notify the customer of the vehicle that is undertaking the job as well as notify the customer once the vehicle is at the pick up location waiting for the customer.
- Bookings will not be completed if customer password/PIN numbers are not provided when needed. Customers are responsible for the security of their password or PIN number provided.
- Receipts for individual bookings will not be provided; receipts and/or invoices can be downloaded from the Company's website.
- If the Company is unable to complete a booking, it will notify the Customer as soon as possible and refund the money paid for the journey.
- Carbon Voyage retains the right to refuse any booking at its absolute discretion.
4. Charges
- General. Charges are made on the basis of the prices within the Carbon Voyage system that may be revised from time to time at the discretion on the Company. The rates available online are the general rates for customers; there may be instances where special rates apply and these will be communicated directly to the appropriate customers. Once a job has been accepted by Carbon Voyage, the customer is responsible for all charges related to that journey.
- Cash Terms. Unless agreed to, customers will pay upfront for the provision of service. The quoted amount will constitute the total charge anticipated at the time of booking and is inclusive of VAT or similar charges.
- Credit Terms. Accounts are issued weekly to customers who have credit terms with the Company, and settlement in full is required within seven days unless alternative arrangements have been agreed to. The Company reserves the right to charge penalty interest on any unpaid amount at the rate of 5% above the RBS Base Rate, accruing on a daily basis and compounded on a monthly bases. Additionally, the Client will pay any reasonable expenses incurred in collection of any overdue monies owed.
- Additional Charges. Where a cash customer incurs additional costs, these will be communicated to the customer, after which payment must be settled in full within seven (7) days. These include (but may not be limited to) the following:
- VAT as required.
- Cash collection (merchant fees) at cost.
- Waiting time - 10 minutes free (30 minutes free at airports). Then £1.75 per 5 minutes (or £2.50 per 5 minutes for executive cars).
- Parking, tolls - at cost.
- Soiling - £50 for standard/hybrid vehicles; £75 for MPVs/executive cars.
- Additional Stops - £4 (this does not include additional stops for sharing as that should be included in the total mileage cost); £10 for executive cars. This includes waiting time of 10 minutes at each stop. This does not apply to trips that are booked on a time basis (such as an as directed trip for two hours).
- Cancellation - 50% of cost if cancelled under 1 hour. No charge if cancelled over 1 hour (unless vehicle is dispatched).
- Surcharges may also apply for Christmas Day, Boxing Day, after 1800 on New Year’s Eve or New Years Day.
- Credits and Discounts. In instances where sharing or optimisation has occurred, or a promotional credit has been awarded, the customers related to that journey will be eligible for a discount for the next booking they make with the Company. This will effectively operate as a credit for future services. Only one credit may be applied to any one booking. Any additional charges that exist within a customer’s account may be deducted from the balance of their credit with the company.
5. Termination of Agreement
The account can be terminated by either party in writing on seven (7) days notice at any time. Carbon Voyage also reserves the right to terminate the agreement at any time if a customer has not paid accounts on time, or has breached any of the terms and/or conditions of this Agreement. Upon termination, all sums owed to Carbon Voyage will become immediately due and payable in full.
6. Variation of Agreement
Carbon Voyage reserves the right to alter or vary these terms and conditions.
7. Extent of Liability
- Any quoted pick up times or journey times are best estimations only, and while this service will make all reasonable efforts to convey customers (or their goods) to their destinations in the shortest time possible, the Company shall have no liability if the pick up or journey time exceeds any estimate given or otherwise exceeds the Customer's expectations for whatever reason, nor shall the Company have any liability in the event that the Customer does not reach or fails to reach the destination in the anticipated time.
- The Company shall have no liability for any damage, loss, costs claimed or expenses, whether foreseeable or not, incurred or suffered by the client (other than in the event of death or personal injury) by virtue of acts or omissions include on the part of employees, agents, suppliers and/or subcontractors outside the reasonable control of the Company.
- The Company shall not in any event be liable directly or indirectly for:
- Any act or omission on the part of the Customer, including the inadequate or inappropriate packaging of goods, or incorrect or inadequate labelling or instructions received from the customer; and/or
- Consequential loss (whether for loss or profit or otherwise);
- Loss, damage and/or breakage to china, glass ceramics or other breakables whether arising from the acts, omissions or negligence of the Company and/or its employees and/or agents and/or suppliers or arising otherwise howsoever;
- Breakdown, accident, adverse weather conditions;
- Any cause, act or circumstance beyond the control of the Company (including, without limitation, any form of industrial action or labour dispute, governmental regulations, legal restrictions, embargoes, fire, flood, Act of God, any consequence of riot, war, invasion, act of foreign enemy, hostilities (whether war be declared or not) civil war, acts of terrorism, rebellion, military or usurped power, confiscation, requisition or destruction of or damage to property by or upon the order of or in the name of any Government or public local authority; and/or
- The Company being prevented or hindered from delivering Customer, goods or property to the required destination within the expected time frame.
- The customer (or passenger) is responsible for insurance coverage of any valuable, unusual or other items carried when the service is used. The Company does not have insurance for goods or property in transit, and as such, will not entertain any claim for loss or damage to items, but may make a discretionary ex-gratia payment not exceeding £100 for any one provision of service.
- Without prejudice to the provisions of this agreement, the Company shall not an any event be liable for any loss and/or damage howsoever arising including but not limited to liability arising from the acts, omissions or negligence of the Company and/or its employees and/or agents and/or sub-contracting parties and arising otherwise howsoever unless the Customer has notified the Company as to the nature and extent of such loss or damage within 10 working days of the date upon which the same occurred.
8. Lien
Without prejudice to Carbon Voyage’s rights within this agreement, the Company reserves the right to exercise a lien over the Customer's goods and/or property pending payment in full for outstanding invoices.
9. Severability
The invalidity or unenforceability of any term or any right arising pursuant to this Agreement shall not affect the remaining terms and conditions.
10. Waiver
No forbearance, failure or indulgence by Carbon Voyage to enforce or exercise, at any time, any term or any right pursuant to this Agreement shall constitute, nor should be construed as, a waiver of such term or right and in shall no way affect Carbon Voyage’s right to enforce or exercise it at a later point in time.
11. Notices
Any notice to be given by any party under this Agreement shall be deemed served if let at, or sent by prepaid registered post or recorded delivery service or facsimile or email to the party to be served at its address as set out in this Agreement or such other address as it may notify for such purpose when so left or sent, or in the case of posting, 24 hours after the same was posted.
12. Data Protection
All parties agree to be registered in accordance with the UK Data Protection Act 1988. No information about customers will be passed to third parties without the express permission of Carbon Voyage.
13. Public Carriage Office Requirements
Carbon Voyage Ltd is a licensed operator in accordance with the Private Hire Vehicles (London) Act 1998. All suppliers for Carbon Voyage are licensed under relevant regulatory schemes where applicable.
14. Additional Terms of Service
For users of the Gatwick Express and Heathrow Express services, please visit Gatwick Express and Heathrow Express for the ticketing conditions of service.
15. Jurisdiction
All parties agree that the governing law of this set of terms and conditions will be England and Wales.