Terms and Conditions
Website Terms and Conditions
Information about us
The term ‘us’ or ‘we’ refers to West Quay Cars (Southampton) Limited, the owner of www.westquaycars.com (‘website’) whose registered office is The Old Boardroom, Collett Road, Ware, Hertfordshire SG12 7LR. Our company registration number is 03912656 registered in England. The term ‘you’ or ‘your’ refers to the user or viewer of our website.
Use of Website Content and Services
Your use of any information or materials on the website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the website meet your specific requirements.
You are authorised to access and view the website and any information, materials, job postings, text, graphics, images, designs, software, audio files and logos (‘Content’) subject to these terms and conditions. You are authorised to download and print the Content solely for your personal non-commercial use.
You must not:
(a) Republish Content from the website (including republication on another website),
(b) Sell, rent or sub-license Content from the website,
(c) Show any material from the website in public,
(d) Reproduce, duplicate, copy or otherwise exploit Content on the website for a commercial purpose,
(e) Edit or otherwise modify any Content on the website,
(f) Redistribute Content from the website.
You may not use the website in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Any violation of our network security will be investigated by us and we will cooperate with any law enforcement authorities where necessary. Violations may result in civil and or criminal liability.
Whilst we make every effort to ensure that the information on the website is accurate and complete, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the Content found or offered on the website for any particular purpose. You acknowledge that such Content may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
We aim to update our site regularly, and may change the Content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Out of site links
From time to time, this website may also include links to other websites. These links are provided for your convenience only, they do not signify that we endorse the website(s) we have no responsibility for the content of the linked website(s).
The Content displayed on the website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- i) Loss of income or revenue,
- ii) loss of business,
- iii) loss of profits or contracts,
- iv) loss of anticipated savings,
- v) loss of data,
- vi) loss of goodwill.
(c) For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Viruses, hacking and other offences
You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any material posted on it, or on any website linked to it.
Law and Legislation
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
If you need to contact the Administrator of this site or report any website problems please email email@example.com
Business Terms and Conditions
Terms and conditions for the West Quay Cars App
The price quoted on the app is an estimate based on the information you have input, pick-up, drop-off and type of vehicle, the journey will be priced according to the taximeter in the vehicle. Any deviation to the journey booked on the app may result in an increased cost to that of the estimate and any waiting time, parking congestion, tolls etc. will also be chargeable.
The App is a post-pay app which means that payment for your journey is collected after the journey has been completed. When you book a ride using a credit or debit card there is a £1 pre-authorisation fee which we hold until the journey has ended. This is not debited from your account, the amount is simply held temporarily until the ride is complete. At the end of the ride, the pre-authorisation is released back into your bank account. Naturally, if you cancel your journey before a car is dispatched there is no charge and the £1 pre-authorisation fee will be released within 3-5 working days. The time it takes for the pre-authorisation to be released is dependent on your bank’s policy and is outside of our control. The pre-authorisation is for security purposes and helps ensure a transaction is not fraudulent. You will be charged for a ‘no show’ if the Driver attends the booking and you have not cancelled. If you wish to cancel a booking you will need to call the booking office as we have strict conditions on when you can cancel or not i.e. if Driver is on his way.
Promo codes – From time to time, West Quay Cars will promote the app using promo codes. These promo codes will be advertised as and when they are available. Only one promo code can be used at one time and cannot be used in conjunction with any other offer. Promo codes can only be used for journeys paid by card which has been preregistered in the app. Further information is available at www.westquaycars.com/faq.
Booking with West Quay Cars
As the customer, it is your responsibility to allow yourself plenty of extra time for time sensitive journeys to take into account unforeseen circumstances including but not limited to cruise ships, football, rush hour, bridge or road closures etc.
If you are booking a journey that requires an onward connection, such as, but not limited to, Airport, Train, Bus or Coach, you must allow yourself extra time. We recommend the following:
For London Airports book your car so you plan to arrive at the airport 2 hours 30 minutes minimum before your planned departure. This should leave sufficient time to remedy most issues. Please note that all UK airports recommend arriving a minimum of 2 hours prior to plane departure. We cannot be held responsible for any late arrivals for any passenger who has not booked a vehicle which allows them sufficient time, to arrive at the airport 2 hours 30 minutes prior to flight departure. Southampton airport usually advise you arrive 1 hour before the flight departs if you have checked in already but please check with the airport.
Train/Coach/Bus Book your car so you plan to arrive at the destination 10/15 minutes before the planned departure.
West Quay Cars will not be held responsible for any delays, of any kind, transporting you to your destination. We are unable to control weather/traffic conditions etc. We will, of course, use our best endeavours to get you to your destination as quickly as possible, diversions and severe delays may result in re-calculation of the original quotation and each occurrence will be assessed on an individual basis.
As the customer, it is your responsibility to contact the office if the car you have booked is 10 minutes or more late. This will allow both you and the Company time to understand the problem, assess the seriousness and re plan accordingly. Please bear in mind, like most private hire companies, we use a computer system and there are very rare occasions where there is a computer malfunction. This makes it even more important to communicate with the office.
West Quay Cars will not be liable for any costs relating to any delay in the car arriving.
1. Definitions and Interpretation
“Account” means a customer account which has been opened by West Quay Cars in respect of a particular Customer and is identified by way of a confidential allocated security number (the “Customer Account Number”).
“Account Services” mean the Services provided by West Quay Cars to an Account Customer, in accordance with clause 4.
“Account Customer” “You” and “Your” means any Customer to which West Quay Cars provides Account Services in respect of a particular Booking and which shall include any representative of the Customer which makes the Booking or uses the Services pursuant to such Booking.
“West Quay Cars” means West Quay Cars (Southampton) Limited incorporated and registered in England and Wales with company number 03912656 whose registered office is at The Old Boardroom, Collett Road, Ware, Hertfordshire SG12 7LR (or such of its subsidiaries or associated companies, which provides the Services).
“We”, “Our”, “Us” means, i) West Quay Cars where the Services are paid for by Account or by Credit or Debit Card and ii) in the case of Cash Services the Driver performing the Services.
“Booking” means a Customer’s request for Services howsoever communicated to us as evidenced by our records.
“Business Day” means a day (excluding Saturdays, Sundays and public holidays) which is also a day on which clearing banks in the City of London are open for the conduct of sterling banking business.
“Cancellation Fee” means a fee payable by the Customer for the cancellation of the Services by the Customer.
“Cash Customer” means a Customer that contracts with the Driver for Services and which elects to pay for the Services by cash, which is collected by a Driver, in accordance with clauses 2.2 and 3.2.
“Cash Services” means Services in respect of which a Driver (as principal) contracts directly with a Cash Customer booked through West Quay Cars acting as disclosed agent for the Driver.
“Contract” means a contract for the provision of Services for Customers i) made by West Quay Cars acting as disclosed agent for the Driver (as principal) for the provision of Cash Services resulting in the Customer entering a direct contract with the Driver and ii) by West Quay Cars for the provision of Services for Customers (a) who maintain an account with West Quay Cars and payment is made directly to West Quay Cars by the Customer, or (b) who pay for Services by credit or debit card and each such Contract shall incorporate these Terms.
“Charges” means our charges (i) shown on our web or other published literature, (ii) for other than Account Bookings referred to in iii), the charge communicated to the person booking the Services, and (iv) for certain Account Bookings, the price will be in accordance with charge rates agreed between West Quay Cars and the Customer.
“Christmas Period” means between 22:00hrs 24th December to 06:00hrs 27th December and 22:00hrs 31st December to 08:00hrs 1st January and 08:00 1st Jan to 23:59 1st January, in any year and subject to time variation.
“Collection Address” means the address stated by the Customer at the time of making the Booking as the address from which the Vehicle shall collect the Customer/ Passengers.
“Credit and Debit Card Services” means Services provided by West Quay Cars to the Customer, and which is paid for by the Customer to West Quay Cars by using a credit or debit card.
“Customer” and “You” means any person(s), firm or company which books Services.
“Driver” means any person who drives a Licensed Passenger Vehicle.
“Goods” means any goods transported by us pursuant to a Contract.
“Minors” mean children of less than 14 years of age.
“Passenger(s)” means the Customer and such persons who the Customer shall authorise and/or permit to make use of the Passenger Services by travelling in a Licensed Passenger Vehicle. By agreeing to or using the Services each Passenger agrees to be bound by these Terms.
“Passenger Services” means the transportation of Passengers by a Licensed Passenger Vehicle.
“Passenger Vehicle” means any Licensed vehicle used for the carriage of Passengers.
“Price List” means the list maintained by us of our Charges relating to the Services from time to time and a current copy of which can be obtained on request.
“Restricted Street” means any location subject to any parking law or regulation prohibiting any vehicle waiting during prescribed hours.
“Services” means Passenger Services any other services agreed in writing between us and the Customer from time to time.
“Terms” means these terms and conditions, as amended from time to time.
“Vehicle” means a Licensed Passenger Vehicle.
“Waiting Time Charge” means a fee payable by the Customer
“Parking, tolls, Congestion Charge” means a fee payable by the Customer
“Written” means any written communication including email and SMS.
2. PASSENGER SERVICES
2.1 Cash Services
Please note that clause 2.1 shall apply to all Bookings for Cash Services, which shall include any Booking made by an Account Customer who elects not to use the Account in respect of that particular Booking.
2.1.1 When making a booking for Cash Services, the contract shall be made by West Quay Cars, acting as a disclosed agent for the Driver (as principal) resulting in the Customer entering a direct contract with the Driver. Such Contract shall be subject to these Terms.
2.1.2 In consideration for the performance of the Cash Services, the Customer shall pay the Charges to the Driver (as principal) upon completion of the Services (i.e., upon arrival at the Customer’s destination) or earlier if the Driver shall, in the Driver’s absolute discretion, decide.
2.1.3 In respect of Cash Services, payment shall be made in cash and the Driver shall accept payment in cash or use of Chip & Pin.
2.2 Credit and Debit Card Services
Please note that clause 2.2 shall apply to all Bookings for Credit and Debit Card Services, which shall include any Booking made by an Account Customer who has elected not to use the Account in respect of that particular Booking.
2.2.1 When making a Booking for Credit and Debit Card Services, the Customer must elect to pay West Quay Cars for the Services either by way of a credit card or a debit card payment, details of which shall be processed by West Quay Cars.
2.2.2 In consideration for the performance of Credit and Debit Card Services, the Customer agrees to pay the Charges by way of a credit or debit card payment in accordance with clause 2.1.1.
2.2.3 Where applicable, West Quay Cars will not charge a card processing fee for a card payment.
2.3 Passenger Services – Fees and Charges
2.3.1 The price quoted to the Customer at the time of making the Booking shall be calculated on the journey specified by the Customer at the time of Booking (the “Quoted Journey”). The price quoted by us shall be based upon our chosen route between the Collection Address and the Customer’s destination (via any other pick-up points or drop-off points stated by the Customer at the time of making the Booking). The Price quoted for Account Services will be in accordance with charge rates agreed between West Quay Cars and the Customer. These will not normally be communicated to persons Booking an Account Service unless the Customer requires this.
2.3.2 If a Booking is cancelled by a Customer after the Licensed Passenger Vehicle has departed to fulfil the Booking, a Cancellation Fee may be chargeable. A Cancellation Fee may also be chargeable where an Executive Vehicle has been Booked or at Customer’s request a Driver has been allocated to a Booking and the Customer cancels that Booking.
2.3.3 In relation to collection of any Passenger(s) from an airport, the prices we quote do not include any waiting time other than the standard 10 minutes for Account Customers and 5 minutes for Cash and Card Customers. We do advise Customers to agree with us on a delayed arrival time of the Driver of 30/45 minutes for London airports and 15 minutes for Southampton Airport from the last known estimated landing time. For the purposes of this clause the “last known estimated arrival time” we will, a) monitor the flight’s landing time from the information provided by the Customer at the time of booking, and alter the collection time according to the instructions of the booking or, b) if the Customer does not provide a flight number then the arrival time for the Driver will be as specified by the Customer. After either a) or b) time has expired waiting time will be charged.
2.3.4 All car parking fees will additionally be chargeable to the Customer for collections from airports, seaports, international and domestic train terminals.
2.3.5 In the event that the Customer requires more than four (4) passengers to travel in a Passenger Vehicle additional charges may be levied by us for the provision of a larger Passenger Vehicle or the carriage of additional Passengers in excess of four (4).
2.3.6 We reserve the right to charge the Customer a surcharge for all journeys made during the Christmas Period, such surcharge will be communicated to the person booking the Services. This will be advertising prior to and during this period.
2.3.7 In the event that the Customer or any Passenger (other than an unaccompanied Minor) requires us at the beginning of or during the course of the Quoted Journey to make any additional or alternative pick-up(s) or collection(s) of Passenger(s) or to drop off Passengers at any locations other than as specified in the Quoted Journey or to take any variation from the Quoted Journey or follow a route other than our chosen route, additional charges may be applied by us. Any Passenger (other than an unaccompanied Minor) may amend the Quoted Journey by providing clear instructions to the Driver. We may (but we are not required to) obtain consent from the Customer for such amendment prior to agreeing the amending instructions.
2.3.8 In the event the customer wishes to cancel a pre-paid booking, made on line, via email or by telephone, using their credit/debit card and a driver has not been allocated to the job; West Quay may issue a refund at its discretion, less a 5% administration charge, against the full journey cost. If the driver has been despatched to the customer, there will be only a 5% refund to the customer at our discretion dependent upon where the Driver has got to on the route to the pick-up.
2.4 Passenger Services – General
2.4.1 We shall use reasonable endeavours to provide a Licensed Passenger Vehicle in good working order, compliant with the terms and conditions of our Licensing Authority and UK motoring Law, of the type specified by the Customer (and in the rare event that such a vehicle is not available, a reasonable alternative vehicle will be sent).
2.4.2 Customers must inform us at the time of making a booking if the Customer or any Passenger wishes to carry any domestic animals in any Licensed Passenger Vehicle. All domestic animals must be carried in a suitable locked box or cage, if appropriate and/or be suitably restrained. West Quay Cars and/or the Driver reserve the right to cancel a booking on arrival at the Collection Address if we have not been informed of the Customer’s requirement to carry an animal in the Licensed Passenger Vehicle. Guide dogs are exempt from this requirement and are permitted to be carried in any Licensed Passenger Vehicle.
2.4.3 The transportation of luggage in a Licensed Passenger Vehicle shall be permitted at our absolute discretion. Passengers shall remain responsible at all times for their luggage and shall load and unload their own luggage. We may assist the Customer with the loading and unloading of his/her luggage from the Licensed Passenger Vehicle, at our sole discretion. We operate a strict weight and size allowance for luggage to be carried must be able to fit comfortably in the luggage compartment available.
2.4.4 Passengers are not permitted to smoke in any Licensed Passenger Vehicle.
2.4.5 Passengers shall not play any musical instrument or broadcast recorded music in any Passenger Vehicle except with our written permission.
2.4.6 Passengers shall not consume alcohol in any Licensed Passenger Vehicle and we and/or the Driver reserves the right to decline carriage to any Passenger and may require a Passenger to alight from a Licensed Passenger Vehicle who, in our opinion, is intoxicated.
2.4.7 We accept no responsibility for the loss or damage to any luggage which is transported in a Licensed Passenger Vehicle. The Customer acknowledges and accepts that any luggage stored in the Licensed Passenger Vehicle may move around during the journey and accordingly the Customer (and any Passengers) should take extra care when opening the luggage compartment of the Licensed Passenger Vehicle.
2.4.8 Passengers are required to comply with current customs laws and regulations and we shall not be responsible for any delays caused by any failure to comply with the same.
2.4.9 All Passengers are required to use seatbelts at all times.
2.4.10 We will not allow unaccompanied Minors of less than 12 years of age to travel alone in a Licensed Passenger Vehicle. In exceptional circumstances and subject to the parent/ guardian’s consent we may allow Minors over the age of 12 to travel unaccompanied. When booking a journey for any unaccompanied Minor the Customer must inform us that an unaccompanied Minor will be travelling. We do not accept any additional responsibility for any Minor who travels unaccompanied in a Licensed Passenger Vehicle.
2.4.11 We may charge reasonable repair or cleaning charges plus £80 representing loss of earnings for the Driver in the event of spillages in or in the event that any Passenger vomits in or otherwise soils, contaminates or damages a Passenger Vehicle.
2.4.12 We shall not be responsible for any property left by Passengers in any Passenger Vehicle.
2.4.13 We reserve the right to refuse to transport or cease to transport any Passenger who behaves in a disorderly, threatening or abusive manner or who, in our absolute discretion, we consider a nuisance or a danger to our employees, agents, subcontractors or to fellow Passengers and may require such a Passenger to alight from a Passenger Vehicle and the Customer may be charged a Cancellation Fee. We are committed to providing Services in accordance with the Equality Act 2010. We may assist any Passenger who is not capable of boarding and alighting a Passenger Vehicle unaided, at our sole discretion but at the Passenger’s risk.
3. Account Services
3.1 Bookings and Charges
3.1.1 Prior to making any Booking for Account Services, the Customer must first open an Account with West Quay Cars. The Customer must keep its dedicated and secret Customer Account Number confidential.
3.1.2 When making any Booking for Account Services, the Customer must quote its Customer Account Number and/or account name. If the Customer fails to do so, we shall not be obliged to perform the Account Services.
3.1.3 Payment of Account Invoices shall be made by BACS transfer (This is West Quay Cars preferred method) to such bank account as we shall notify the Customer.
3.1.4 We shall be entitled to charge an administration fee of up to 10% of the Charge unless otherwise agreed with the Customer.
3.1.5 We shall invoice the Customer each month, in respect of the Account Services carried out for the Customer during the previous month or at such other intervals as may be agreed by the parties in writing. Each invoice will be accompanied by the details of each journey charged on that invoice.
3.1.6 We shall be entitled to treat any Booking made quoting the confidential Customer Account Number as duly authorised by the Customer and the Customer shall be liable in respect of all Charges relating thereto.
3.1.7 In consideration of performance of the Account Services, the Customer shall pay the Charges, any agreed administration fee and any applicable VAT (without set off or deduction), as invoiced by West Quay Cars, within 30 days (or such shorter period as we in our absolute discretion notify to you) of the date of an invoice (the “Due Date”).
3.1.8 In the event of non-payment of any Charges by the Due Date, we shall be entitled to charge and the Customer shall pay accrual interest at a rate of 8% over Bank of England base rate until any amount outstanding is paid in full.
3.1.9 When an Account is terminated, by any means whatsoever, the Customer shall pay to us all outstanding Charges which are owed to us as at the date of termination.
3.1.10 In the event the customer wishes to cancel a pre-paid account booking, and a driver has not been allocated to the job, there will be no charge. If the driver has been despatched to the customer, there may be a charge to the customer.
3.1.11 We may, at any time, set a limit on the total credit given to any Customer at any one time and we shall not be obliged to provide Account Services once that limit has been reached. Any such limit shall be notified to the Customer in writing by us.
3.1.12 Any dispute in respect of the Charges shall be submitted, in writing, within 14 days of receipt by the Customer of the relevant invoice.
3.2 Passenger Services
Clauses 2.3 and 2.4 of these Terms shall apply to all Passenger Services made in accordance with this clause 4 by an Account Customer.
Please note that clause 4.6 applies to all Passenger Services, including Account Services.
4.1 These Terms shall be incorporated in and form part of all Contracts for the provision of the Services. Bookings can be made through our website, by telephone, by email during administration office hours or by using our mobile App; these media by which you are able to make a Booking are an invitation to treat. Your Booking constitutes an offer to Contract for Services which we can accept (thereby creating a legally binding Contract incorporating, these Terms) for Account Customers and Credit and Debit Card Services by issuing to you a Booking Acceptance or otherwise and for Cash Customers, by the driver accepting allocation of your booking and proceeding to the pick-up location requested by You.
4.3 Each party acknowledges that it is not relying on any statements, warranties or representations given or made by the other whether actual or implied by common law or under statute in relation to the subject matter of any Contract and that it shall have no rights or remedies with respect to such subject matter otherwise than under the relevant Contract.
4.4 We shall be entitled to vary the Price List from time to time.
4.5 We are entitled to alter our meter tariff
4.6 We shall be entitled to exercise a lien over any property belonging to the Customer in our possession pending payment of any Charges due to us.
4.7 We may, in our absolute discretion, decline to accept any Booking.
4.8 Any dates, periods or times specified by us in connection with the performance of the Services are estimates only and time shall not be of the essence for the performance by us of our obligations under the Contract. We make no warranty that any Passenger or Goods or property shall be delivered within the Customer’s stipulated time period (if any) and/or within any time period stated by us unless express reference is made to this Clause 4 and agreed in writing by a director of West Quay Cars.
4.9 Passenger(s) and any luggage and any personal items and all Goods shall be ready for collection at the time stipulated by the Customer when the Booking is made. We will allow 5 minutes waiting time for non Account customers and 10 minutes for Account customers. In the event that all booked Passenger(s), and their luggage have not boarded the Licensed Passenger Vehicle within these periods we reserve the right to charge the Customer a Waiting Time Fee, which will, for the avoidance of doubt, include the periods stated. The commencement of this waiting time will be the later of i) the arrival of the Licensed Passenger Vehicle at the Collection Address and ii) the booked time for collection. Furthermore should the Passenger(s) fail to appear at the Collection Address we may treat the Booking as having been cancelled and charge a Cancellation Fee.
4.10. No delay or omission by either party in exercising in whole or in part any right, power or remedy provided by law or under the Contract shall affect that right, power or remedy; or operate as a waiver of it.
4.11 The Customer agrees to indemnify and keep us fully indemnified from and against any direct and indirect losses, claims, expenses, damages or liability whatsoever incurred or suffered by us as a result of the negligence, acts or omissions or default under the Contract by the Customer, or its employees, agents or subcontractors or any Passengers.
4.12 The Customer shall be liable for any damage caused by Passengers to any Licensed Passenger Vehicle.
4.13 Subject to the following provisions of this clause 4, except in respect of death or personal injury caused by our negligence, or that of our servants or agents, our liability to the Customer for loss and/or damage caused by the negligence of us and/or our servants or agents, or otherwise which arises out of or in connection with the provision of the Services or their use by the Customer shall be nil.
4.14 We shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing any of our obligations under the Contract.
4.15 We shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any failure to perform any of our obligations under the Contract if the delay or failure was due to any circumstances or cause beyond our reasonable control.
4.16 To the extent permitted by law, we shall not be liable in any way whatsoever for the acts or omissions of any sub-contractors to whom we sub-contract the Services. We shall use our reasonable endeavours to ensure that we only sub-contract the Services to such third parties that have at least the minimum insurance cover required in the third party’s country of operation. If we are aware that a third party does not have a level of insurance coverage which we would expect, we reserve the right to request that the Customer signs a standard form disclaimer and acknowledgement in respect of the same.
4.17 We shall not be liable to the Customer for any loss or damage to property arising in the course of delivering, loading or unloading of Goods or Passenger’s luggage or personal effects.
4.18 We shall not be liable to the Customer for any loss of anticipated savings, business revenues, loss of agreements, loss of opportunity or loss of business or profits whether categorised as direct or indirect or any indirect, special or consequential loss (including losses arising from business interruption, wasted management time, loss of goodwill, data and all other such loss whether or not arising in the normal course of business).
4.19 We shall, in no event, have any liability in respect of any claim, howsoever arising, that is not notified to us by the Customer, in writing, with sufficient particularity, to identify the nature and the quantum of the claim within fourteen (14) days of the occurrence of the circumstances giving rise to the claim.
4.20 The Customer acknowledges that the limitations on our liability as set out in this clause 4 are fair and reasonable in the circumstances and have been taken into account and reflected in the level of the Charges.
4.22 Any complaints relating to the Services shall be addressed to us and made in writing within 7 days of the event giving rise to the complaint.
4.23 Termination of this Contract shall be without prejudice to any rights and/or obligations of us and/or the Customer accruing prior to the date of such termination.
4.24 Any notice required or permitted to be given by either party to the other under these Terms, shall be in writing and may be given personally or sent by email or by prepaid registered post to the other party at its registered office or principal place or business or such other address as may at the relevant time have been notified as that party’s address for service. Any notice served by email shall be deemed delivered immediately and by registered post shall be deemed served 48 hours after posting to an address in the United Kingdom or 5 Business Days after posting to an address outside the United Kingdom. In proving the service of any notice it will be sufficient to prove, in the case of a registered post letter to provide proof of delivery.
4.25 A person who is not a party to any Contract shall not have any rights under or in connection with it.
4.26 We reserve the right to subcontract or delegate in any manner any or all of our obligations under any Contract to any third party or agent.
4.27 If any provision of these Terms, which is not of a fundamental nature, is held by any court or other competent authority to be invalid or unenforceable in whole or in part, such part, term or provision shall be deemed deleted from these Terms and the remainder shall not be affected. Should the foregoing apply the parties shall use all reasonable endeavours to agree upon any lawful and reasonable changes to these Terms which may be necessary in order, as close as possible, to give effect to the commercial intent of these Terms.
4.28 We reserve the right to amend these Terms. Notice of amendments to these Terms shall be posted on West Quay Cars’ website.
4.29 These Terms shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales