These terms and conditions apply to the contract between you (the Customer) and ACY (Alpha Cars York Ltd) when it provides car services to you, these terms and conditions are divided into 7 sections, as follows:

– SECTION 1 – terms and conditions relating to our account services only

– SECTION 2 – terms and conditions relating to our non-account services

– SECTION 3 – terms and conditions relating to our network bookings

– SECTION 4 – terms and conditions relating to all services

– SECTION 5 – explanation of pricing or how to obtain pricing and charging information for each of our services

– SECTION 6 – terms and conditions relating to data protection

– SECTION 7 – additional provisions specific to liability limits for courier and parcel car services

– SECTION 8 – Charges

Company information:

Alpha Cars York Cars Limited (ACY) has company number 12941201 and its registered address is Regus Building, Oakdale Road, Clifton moor, York, YO30 4XL.

Please read these terms and conditions carefully. Your application to register an account and your continued use of the Website and/or our App will constitute your acceptance of these terms and conditions.

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SECTION 1

ACY ACCOUNT Bookings ONLY

1. General

1.1. In order to make bookings on account with ACY, you need to open an account using our account application form.

1.2. Your account application form, once filled in and sent to ACY is an offer from the Customer to enter into a contract with ACY for the provision of the Services on an account basis. A contract will be concluded only upon issue by ACY to the Customer of written confirmation that the application has been accepted.

1.3. ACY reserves the right in its absolute discretion, and without giving reasons, to reject an account application and to decline to enter into a contract.

1.4. A contract shall only be concluded on the terms and conditions contained in this Section 1 and Sections 3 and 4 of these terms and conditions. The contract shall be personal to both parties and absolutely non-assignable.

1.5. The Customer shall notify ACY of any change in the information provided on your account application form. Alterations take effect on the date of the email from ACY to the Customer confirming changes have been made.

2. Bookings

2.1. Unless agreed otherwise, no bookings will be accepted by ACY unless the Account Number or other agreed account security information is quoted. The Customer is responsible for ensuring that the Account Number or other agreed account security information is kept confidential and secure and that it is not disclosed to any unauthorised person. ACY is entitled to assume that any person who correctly quotes the Customer’s name and Account Number or other agreed account security information has authority to make the booking on behalf of the Customer.

2.2. 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. ACY does not accept any liability for any unauthorised access to an account arising from a Customer’s failure to comply with clause. If there is an instance where the account details have been compromised, ACY need to be informed immediately so a freeze can be put on the account and the password details changed.

3. Payment

3.1. Unless agreed otherwise, invoices are issued weekly or monthly to the address and relevant person indicated on the account application form. Each invoice only covers bookings up to the tax date stated on it.

3.2. Settlement in full is due 30 days from the invoice date.

3.3. ACY reserves the right to charge interest on unpaid accounts at the base rate of HSBC 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.

3.4.  Account Customers paying monthly by individual credit card are invoiced on the first working day of the month and have 14 day payment terms and are debited on the 15th of every month.  Account Customers paying weekly by individual credit card are invoiced and debited on the first working day of the week following travel.  Account Customers paying daily by individual credit card are invoiced and debited on the first working day following travel.

3.5. The Customer shall pay to ACY 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 £30.

3.6. Pre-authorised payment can be set up by direct debit using the direct debit mandate provided with the application form, or by providing relevant credit card details.

3.7. Queries must be notified in writing to ACY within 10 calendar 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. ACY reserves the right to require reasonable supporting evidence, such as phone records, email or similar, where a refund or discount is requested.

3.8. Any deposit paid in connection with your account may be forfeit in the event of ongoing late payment of invoices.

SECTION 2

ACY Non-Account Bookings

1.1. When you make a non-account booking with ACY, ACY is acting as an agent between you and the driver. ACY offers your booking to a driver and when he accepts it, a contract is formed between you and the driver. That contract is subject to these terms and conditions.

1.2. In consideration for the driver carrying out your journey, you will pay that driver either directly by giving him cash or indirectly via ACY’s credit card payment mechanism.

1.3. Drivers may on occasion require cash payments to be made before a booking is undertaken.

1.4. Cash and credit card bookings are not subject to VAT unless the driver carrying out your booking is VAT registered, in which case VAT will be charged in addition to the fare.

SECTION 3

ACY NETWORK BOOKINGS

1.1 Network bookings (Network Bookings) are passenger service bookings fulfilled by a third party private hire company (the Fulfillment Partner) and which will generally be in relation to journeys occurring in the UK outside York or internationally.

1.2 In the case of Network Bookings, ACY acts as the disclosed agent of the Fulfillment Partner for the purpose of arranging and agreeing Network Bookings between the Fulfillment Partner and the Customer. This means the Fulfillment Partner enters in a contract as principal with the relevant Customer on, and subject to, these terms and conditions.

1.3. ACY will inform you when a booking for passenger services will be carried out by a Fulfillment Partner.

SECTION 4

CONDITIONS APPLYING TO ALL OF ACY’S SERVICES

The terms and conditions contained in this Section 4 shall apply to the Services and bookings provided by ACY, and as a result apply in all cases in addition to the relevant terms and conditions set out in Sections 1 to 3 above.

1. Extent of ACY’s Liability

1.1. Any quoted pick up or journey times are best estimates only and whilst it uses reasonable efforts to convey passenger(s) to their destinations in the shortest possible time, ACY 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 ACY 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.

1.2. ACY shall only be liable for losses suffered by a Customer that are a direct result of a breach by ACY of these terms and conditions and, for the avoidance of doubt, ACY 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 ACY.

1.3. 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. ACY cannot entertain any claim for loss of or damage to any such items.

1.4. If ACY 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, ACY may, with the Customer’s consent, arrange for an alternative car service provider to fulfil the booking on its behalf.

1.5. If you are a business customer, please note that in particular, ACY will not be liable to you for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

1.6. If you are a consumer customer you are only permitted to use the Website for domestic and private use, and not for any commercial or business purposes. ACY accepts no liability for any loss of profit, loss of business, business interruption, loss of business opportunity or any indirect or consequential loss or damage.

1.7. Any claim or complaint shall be notified by the Customer to ACY within 7 days of the date of the invoice containing the relevant booking for account bookings and within 3 days of the date of the journey for all non-account bookings.

1.8. Subject to the provisions of this clause 1 and except in the case of death or personal injury, ACY’s aggregate liability arising from or in connection with the provision of the Services to its Customers under these terms and conditions shall not exceed £100. ACY reserves the right to require reasonable supporting evidence, such as phone records or similar, where a refund or discount is requested.

2. Your use of the Website and the App

2.1. This clause 2 governs the Customer’s use of the Website (Terms of Use). ACY may revise these Terms of Use at any time. Please check this page from time to time to take note of any changes that have been made because any use of the Website will constitute an acceptance of these Terms of Use.

2.2. ACY may update the Website from time to time, and may change the content of the Website at any time. However, please note that any of the content on the Website may be out of date at any given time, and ACY is under no obligation to update it.

2.3. ACY does not guarantee that the Website, or any content on it, will be free from errors or omissions.

2.4. There is no guarantee that the Website, or any content on it, will always be available or uninterrupted. ACY may suspend, withdraw, discontinue or change all or any part of the Website without notice and will not be liable to you if for any reason the Website is unavailable at any time or for any period.

2.5. You are responsible for making all arrangements necessary in order to have access to the Website and for ensuring that all persons who access the Website through your shared internet connection are aware of these Terms of Use, and that they comply with them.

2.6. We do not guarantee that the Website will be secure or free from bugs or viruses.

2.7. You are responsible for configuring your information technology, computer programs and platform in order to access the Website. You should use your own virus protection software.

2.8. 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. Any problems caused to the servers or software by an individual will result in legal action being taken for damages occurred.

2.9. Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only and we have no control over the contents of those third party websites or resources.

2.10. You agree that by downloading the App or using the Website, you are bound by these terms and conditions.

2.11. ACY grants you a non-exclusive, limited, non-transferable license to download, install and use the App for personal use only and you agree not to use it or any other technology provided by ACY in connection with the provision of the Services for any other purpose.

2.12. You must not license, assign, sell, distribute or in any way seek to benefit commercially from the Services provided by ACY or any technology provided in association with delivering the Services, unless you have received our written consent to do so.

2.13. You agree not to do anything that would interfere with, disrupt, maliciously attack or in any way damage any ACY technology, including but not limited to the Website, its booking and dispatch system or the App.

2.14. You are not permitted to reverse engineer or attempt to reverse engineer the App or any other technology provided by ACY in connection with the provision of the Services.

3. Your obligations

3.1. You agree:

3.1.1. To pay all Charges arising out of your use of the Services which are in accordance with these terms and conditions, whether payment is by direct transfer, direct debit, cheque, credit card, debit card or cash;

3.1.2. Not to use ACY for any unlawful or illegal purpose and to comply with all applicable laws;

3.1.3. That all personal information provided to us in order to receive the Services is true, accurate and up-to-date;

3.1.4. Not to do anything to damage the reputation of ACY or any of its drivers;

3.1.5. To treat with respect and not be abusive or violent towards any ACY employees, staff, sub-contractors or other customers;

3.1.6. Not to consume alcohol or food while in a car and we and/or the driver reserve the right to decline carriage to any person who, in our opinion, is intoxicated;

3.1.7. To be responsible at all times for your luggage and acknowledge that no liability is accepted for the loss or damage to any luggage that is transported, it is the customers responsibility that all luggage is confirmed to be loaded and unloaded;

3.1.8. To wear, and to ensure that the passenger(s) wear, a seatbelt at all times whilst travelling in our vehicles;

3.1.9. to indemnify ACY against any claims, costs, damages, losses, liabilities and expenses (including reasonable legal fees and costs) that arise out of or in connection with a breach of these terms and conditions, any applicable law or your use or misuse of the Website, the App and/or the Services;

3.1.10. That if you cancel a booking outside the time allowed you will be liable for and will pay the cancellation fee;

3.1.11. That if you, or another passenger travelling with you under your booking, soils or damages the car you will be liable to a maximum of £100 for a normal service, £160 for a premier service;

3.1.12. That if your credit/debit card details are stored by ACY, it may charge cancellation or cleaning Charges pursuant to clauses 3.1.10 and 3.1.11 to that credit/debit card; and

3.1.13. ACY has the right to sub-contract services provided to nominated third parties;

3.1.14. That no smoking/vaping rules are followed at all times.

4. Booking confirmation and cancellation

4.1. ACY may in its absolute discretion without liability and without giving reasons refuse to accept any booking.

4.2. All accepted bookings are confirmed at the time of the booking by one or more of the following methods – SMS, email, oral confirmation or the screen on the App. The Customer is liable for all applicable Charges incurred from the time when the vehicle is assigned to the booking until completion of the assignment or, if sooner, cancellation.

4.3. Customers may cancel their bookings in the following ways:

4.3.1. For account and cash/card pre-book services, by calling the call centre, online or through the App; and

4.3.2. For cash/card ASAP services, bookings can only be cancelled through the App or via the call centre during office hours.

4.4. In the event of cancellation by the Customer or passenger(s), the Customer may be liable for cancellation Charges which are set out in the extra ‘CHARGES’ section. The liability of ACY in the event of cancellation is set out at clause 1.4 of this Section 3 (Extent of ACY’ Liability).

5. Subsidiary Accounts of the Customer

5.1. From time to time the Customer may wish to create additional (subsidiary) accounts to the original account for billing or service purposes.  So long as the subsidiary accounts are billable to the legal entity stated on the Customer’s original agreement with ACY then no further formal applications are necessary.

5.2. These Terms & Conditions apply in all instances when ACY services are used regardless of whether the process of setting up Customer subsidiaries has been completed in full or not.

6. Alteration to these Terms & Conditions

ACY reserves the right to alter or vary these terms and conditions in any respect at its absolute discretion. Notice of a change of these terms and conditions will be deemed served to account customers by sending an email notifying them of the relevant alterations and the date upon which such alterations take effect. Notice of change of these terms and conditions will be deemed served to all other customers by the posting of a notice on the ACY website. We suggest that you print and obtain a copy of these terms and conditions for your records.

7. Intellectual Property Ownership

7.1. ACY (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, the App and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, the App or the Services.

7.2. These terms and conditions do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the App or the Services, or any intellectual property rights owned by ACY.

7.3. ACY’ name, logo and the product names associated with the App and the Services are trademarks of ACY or third parties, and no right or license is granted to use them other than to use our Services in accordance with these terms and conditions.

8. Termination of Account

8.1. Business and credit/debit card accounts are 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 ACY without notice at any time if any amount is due and unpaid by the Customer.

8.2. ACY may suspend your access to the Services at any time without notice to you if we reasonably believe that you have breached these terms and conditions.

8.3. Upon termination of the account for whatever reasons all sums payable to or chargeable by ACY, or otherwise appearing on the Customer’s account, shall become immediately due and payable in full if not already due and payable.

9. No waiver

It is understood and agreed that any failure by us or you in exercising any right, power or privilege under these terms and conditions will not act as a waiver under this letter nor will any single or partial exercise of the right preclude any further exercise of any right, power or privilege.

10. Severance

If any part of these terms and conditions are found to be unlawful, invalid or unenforceable, that part shall be deemed to be deleted and the remaining terms and conditions shall not be affected and shall continue to apply in full.

11. Third party rights

No rights shall arise under or in connection with these terms and conditions to any person who is not a party to them.

12. Assignment

The contract between you and ACY is personal to you and you may not assign your rights under these terms and conditions without our prior written consent.

13. Applicable Law

The laws of England, Scotland and Wales apply to these terms and conditions and any dispute relating to the provision of services by ACY shall be subject to the exclusive jurisdiction of the Courts of England, Scotland and Wales.

SECTION 5

PRICING AND CHARGES
5.1 Pricing
5.1.1. Prices for our services can be obtained on request and an estimation will be provided automatically at the time of booking for App or online bookings.  Journeys within the York boundary may be priced on fixed route basis between postal districts or on a dynamic mapping basis using the fastest route at the time the booking is made where a fixed route does not apply. Journeys involving a leg outside of the A64 ring road will be priced on a minimum charge, plus dynamic mapping calculation, unless otherwise agreed.

5.1.2. We will review our prices from time to time and may vary them. We will advise account customers in writing before making any change to our prices if it is higher than inflation (according to the Bank of England’s latest published rates).

5.2 Charges
5.2.1. Charges are applicable for each service type. Items and bases of charging include, but are not limited to:

5.2.2. A minimum fixed charge for every hiring of £5.

5.2.3. A charge for waiting time over a set threshold will be applicable as detailed in the ‘CHARGES’ section

5.2.4. In the event of a vehicle being soiled by a passenger, a ‘soiling charge’ will be applied. For details please see our ‘CHARGES’ section

5.2.5. Cancellation ‘Charges’ as set out in our Cancellation Policy. For details please see our ‘CHARGES’ section

5.2.6 A Clean Air Charge to meet various regulatory costs imposed on us. For details please see our ‘CHARGES’ section

5.2.7. An administration charge of 5% may be charged to your account if you choose not to pay by Direct Debit

5.2.8. VAT as appropriate.

5.2.9 A booking fee for all app bookings will be charged to the customer per journey. This is so we can continue to upgrade the system and continuously provide an exceptional service.

5.3. ACY may offer free journeys, discounts and other credits as part of marketing promotions. In the event that ACY reasonably believes that a credit has been obtained fraudulently, illegally or in violation of these terms and conditions, it can in its sole discretion remove the credit from your account.

5.4 Couriers – Cancellation & waiting time Charges

COA: Standard bike £7.20; Priority Motorbike £18.50; Small Van £19.50; Parcel Car £17.50; Priority Small Van £40.00; Transit van £52.00; Cancelled: 120 minutes prior to the collection time.

Waiting time (per hour): Standard bike £39.00; Priority Motorbike £51.00; Small Van £39.00; Parcel Car £39.00; Priority Small Van £51.00; Transit van £51.00. First 9 minutes and 59 seconds is free for the courier to wait. Once he or she has been there for 10 minutes, the full 10 minutes is then chargeable.

It is the customer’s sole responsibility to ensure the named contact is available to accept delivery at the delivery destination. Any additional Charges incurred due to the failure of the named contact to be available to accept delivery at the delivery destination will be for the customer’s account.

Important Note about Parcel Car services

Where Parcel Car service is booked (or required to be used due to unavailability of the booked Courier service) and it is not possible for the driver to deliver to the named contact at the delivery destination, we will attempt to contact the booker to make alternative plans. If no such plans have been made within 10 minutes of the driver arriving at the delivery destination, the driver will return the parcel to the senders address, and we will notify the booker accordingly. Any additional stops and mileage will be charged at the prevailing rates for the Parcel Car service booking.

Similarly, where Parcel Car service is booked (or required to be used due to unavailability of the booked Courier service), any parking and waiting Charges will apply as for Standard Car services.

SECTION 6

DATA PROTECTION, PRIVACY AND COOKIES

ACY is committed to protecting and respecting your privacy, and this section explains how ACY collects, stores and uses personal data.  Under the Data Protection Act 1998, ACY is the data controller.

6.1. Data Protection: Data types that ACY may collect and store are as follows:

6.1.1. Personal and company information that may be provided by the customer, via a telephone call, website or from the mobile platform, for booking and use of ACY services. This includes but is not limited to, the customer and/or passenger name, home/work addresses, telephone numbers, email addresses, and details of journeys you have taken with ACY including times and location data.

6.1.2. All correspondences and transactions may be recorded for future transactions between ACY and the customer.

6.1.3. Phone calls to ACY may be recorded for quality and training purposes. This includes but not limited to enquiries, bookings, complaints and or sales/accounts information.

6.1.4. Website and booking platforms collect cookies to distinguish customers on the websites. The customer can block cookies by activating the setting on the browser.

6.1.5. The ACY booking app uses location-tracking technology. When you use one of our location enabled services, we may collect and process information about your actual location. The customer can turn off location services within the device, by doing so certain services may not be available.

6.1.6. The data is stored on secure servers with encrypted backups. All enquiries on data retention, requests for or removal of personal data must be sent to info@alphacarsyork.co.uk.

6.2 Privacy:

6.2.1. ACY will not disclose Customers personal information unless and only to the extent, and in such manner, as indicated in these terms and conditions, or as required by any law or regulatory body.

6.2.2. ACY uses the Customer’s personal information to provide the company’s services both internally and to the Customer. The Customer’s information may be used to inform the Customer of any changes or updates and generally where we reasonably believe that to contact you will enhance your experience of our service.

6.2.3. ACY will not disclose any personal information with other people or companies outside of our group of companies; however we may share aggregated and anonymised data of which the Customer’s data may form a part with third parties. ACY will take all steps necessary to ensure that the Customer’s data is treated securely and in accordance with this privacy policy.

6.2.4. All data is encrypted and stored on secure servers. All replications and backups are encrypted and secure.  Unfortunately, the transmission of information via the intranet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site or our app; any transmission is at your own risk.

6.2.5. If you have already registered with ACY and would no longer like to receive updates or the promotional information as described in clause 5.3 above , just email ACY and we will unsubscribe you.

6.2.6. For journeys paid for by debit/credit card, you agree that ACY may carry out pre-authorisation checks on the debit/credit card and in the event that such checks fail, ACY has the right not to provide you with the Services.

6.2.7. Cookies: Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to access all or parts of our Website. By using the Website, you expressly agree to the use of cookies as described above.

SECTION 7

ADDITIONAL PROVISIONS SPECIFIC TO LIABILITY LIMITS FOR COURIER AND PARCEL CAR SERVICES

7.1 Limitation of Liability

7.1.1 Except where the Customer has specifically requested us to arrange insurance prior to commencement of transit of the consignment in question (the “Consignment”), we or our sub-contractor (in either case, “Carrier”) shall not be liable for any loss, mis-delivery or damage to livestock, cash, jewelry, furs, watches, precious metals, stones, bullion and the like, non-ferrous metals, scrap, explosives and similar articles.

7.1.2 Carrier shall not be liable in respect of any loss, mis-delivery of or damage to any Consignment as a result of any:

7.1.2.1 force majeure event which shall mean any circumstance beyond the reasonable control of the Carrier, (including, without limitation, act of God, outbreak of hostilities, riot, civil disturbance, acts of terrorism, the act of any government (including refusal, customs checks or revocation of any license or consent) fire, explosion, flood, power failure, failure of telecommunication lines, fuel shortage, any strike, lock out or other form of industrial action);

7.1.2.2 seizure or forfeiture under legal process;

7.1.2.3 act, omission, or misrepresentation by the Customer, owner of the Consignment, Consignee or independent contractor;

7.1.2.4 inherent liability to wastage in bulk or weight, defect or inherent defect, natural deterioration or fragility of the Consignment (notwithstanding that it may be marked “Fragile”);

7.1.2.5 insufficient or improper packing, labelling or addressing unless it is previously agreed in writing that the Carrier shall undertake such task; or

7.1.2.6 marine risk

7.1.3 Carrier shall not in any circumstances be liable for loss or damage to the Consignment after transit is deemed to have ended, whether or not caused or contributed to by Carrier.

7.1.4 Carrier shall not in any circumstances be liable for any loss or damage where there has been fraud on the part of the Customer, owner of the Consignment or consignee, unless the fraud has been contributed to by Carrier or its employees acting in the course of their employment.

7.2. Liability for Loss and Damage

7.2.1 Unless otherwise agreed in writing, Carrier’s liability for loss of or damage to any Consignment shall be limited to:

7.2.1.1 a maximum of £100 per Consignment for sameday service within Great Britain except for when the sameday service delivery is via one of our approved sub-contractors, where the principal carrier’s maximum liability is £100; or

7.2.1.2 the maximum liability for any item carried by pedal cycle or motor cycle is £100 for loss or damage howsoever caused.

7.2.1.3 the declared value of the Consignment or three times the charge payable to us for International or Overnight services, whichever sum is the lesser, subject always to a maximum liability of £100,

whether or not such loss or damage was due to Carrier’s fault or negligence, its employees, and agents or otherwise. If the Customer wishes to arrange a higher level of insurance in respect of any Consignment, then it should notify us and we may be able to arrange this at an additional charge to the Customer.

7.2.2 Where the mis-delivery, loss or damage is only in respect of part of the Consignment, Carrier’s liability shall be limited to the actual value of that part or the proportion of the sum calculated under paragraph 7.2.1, which that part bears to the value of the total Consignment, whichever is the lower.

7.2.3 Carrier shall in no circumstances, except in respect of death or personal injury caused by its negligence, be liable for any consequential, special or indirect loss or damage costs, expenses or other claims whatsoever (whether for loss of profit or otherwise and whether due to Carrier’s negligence or that of its employees, agents or otherwise) which arise out of or in connection with the supply of Carrier’s services.

7.2.4 In the event of any claim for loss or damage of a Consignment or part of it, the Customer shall provide us written proof of the value of the Consignment damaged or lost and we shall be entitled to inspect the damaged Consignment.

7.2.5 Carrier shall only be liable for loss or damage occurring within Great Britain. For journeys outside Great Britain, liability shall be restricted to the amount of cover provided by the international agent or carrier chosen at our (or our subcontractor’s) absolute discretion. Details of such cover shall be provided to the Customer upon request.

7.3. Time Limits for Claims

Carrier shall not be liable for loss of, mis-delivery or damage to any Consignment unless notified by the Customer of such loss or damage in writing within 3 days of the end of the transit and the claim giving details of the value and the circumstances of any loss is made in writing within 7 days after the end of transit. A claim for loss or damage would not be accepted on a delivery note.

7.4. Indemnity to Carrier

7.4.1 The Customer shall indemnify us against:

7.4.1.1 all losses suffered by us (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and to other goods carried) as a result of any breach of these Conditions, fraud, error, omission, or misrepresentation by the Customer, owner of the Consignment or consignee;

7.4.1.2 all claims and demands made against us by any third party in excess of our liability under these Conditions;

7.4.1.3 all losses suffered by and claims made against us resulting from loss of or damage to property caused by or arising out of the carriage of Dangerous Goods; and

7.4.1.4 all claims made upon the Carrier by H M Customs and Excise in respect of dutiable goods consigned in bond, whether or not transit has ended or been suspended.

SECTION 8

CHARGES

8.1.1 The charges are laid out as follows:

– Tariff 1 – 06:00 to 21:59 – Starting meter price £2.80, then 20p per 175 yards

-Tariff 2 – 22:00 to 05:59 – Starting meter price £3.50, then 20p per 175 yards.

– Tariff 3 – Racedays and specific events – Starting meter price £6.50 for the first 1,050 yards, then 20p per 175 yards.

8.1.2 If a minibus is required, then it will be a 50% charge on top of the tariffs listed above. Note, if a minibus is requested (which means 5 or more people), then a minibus rate is charged regardless of there being less than 5 people.

8.1.3 Tariff 1, 2 and 3 incur a waiting charge of 10p for every 22 seconds of waiting time which includes waiting in traffic when a passenger is on board. When arriving at a pickup location, a 5 minute wait is automatically initiated for no charge. After this, it will revert to a waiting charge as listed above.

8.1.4 Tariff 4 and 5 are charged at 50% of the tariffs 1 and 2 listed above and have the details of dates and times below. They are charged :

– 7PM Christmas Eve to 6AM on 27th December

–  7PM New Year’s Eve to 6AM on 2nd January

– Tariff 4 – 06:00 to 21:59

– Tariff 5 – 22:00 to 05:59

8.1.5 If a minibus pickup is requested that fall within these dates and times (for tariff 4 and 5), then it is charged 50% more of the standard rate on those days.

8.2 Soiling – Alcohol induced fouling will carry a charge of upto £100. In a premier service car, the charge is £160. This will cover some of the drivers lost earnings and pay for a full professional valet of the carpet and seats.

8.3.1 Cancellation Policy – If an ASAP job has been booked, the customer has 2 minutes to cancel free-of-charge. If however, the customer cancels after this period then a £4 charge will be due to cover the losses of the driver. Note, too many cancellations will automatically put the booking account on a lower priority list which may result in not getting vehicle availability during peak times.

8.3.2 Prebooked jobs can cancel for free if the vehicle has not been dispatched, once it is dispatched, the cancellation fee is live. The dispatch time is calculated automatically taking into account road closures and traffic therefore may differ depending on the day and time.

8.4 Fares can be fixed between 2 routes but the waiting time charge still applies, therefore when invoicing, the cost of a journey may be higher than anticipated.

8.5 At an airport arrival, the fare quoted includes a meet and greet service after the plane has landed up until one hour, after which a charge of £2.50 per 10 mins will be levied. The driver will be at the arrival point 30 minutes after the plane has landed

8.6 Clean air charge – If the customer’s pickup/dropoff location is within a CAZ area or ULEZ, then that charge will be passed on to the customer if the customer did not specify, and did not book the appropriate exemption vehicle. If the customer is unsure, please do not hesitate to ask at the time of booking, or call the office landline.

8.7 Out-of-Area pricing – If a journey begins and ends outside of the York ‘outer ringroad’ (A1237 and A64) and does not cross it, then the fare will be charged starting from the ‘Outer Ringroad’ to the pickup address and then onto the dropoff address. Please contact the office if unsure and we will happily advise you.

Additional Terms and Conditions
These terms and conditions set out the basis on which you may visit and use our website and online booking services. Please read them carefully as they contain important information.

References to “carrier(s)”, “the carrier(s)” or a “carrier” are references to the drivers who provide private hire services and who accept bookings through this website. References to a “contract of carriage” or “carriage” are references to private hire contracts which can be arranged via this website.

General Terms and Conditions
This website is owned and operated by Alpha Cars York Ltd (company no.12941201), trading as Alpha Cars York. Its registered address is Regus Building, Oakdale road, Clifton Moor, York, YO304XL. If you have any questions about these terms and conditions or any comments or issues regarding this website, please contact us at info@AlphaCarsYork.co.uk or by calling 01904 777222.

Ownership of Rights
All intellectual rights including copyright of this website and its content are owned by or licensed to Alpha Cars York. Unauthorised use of this site or its content including copying or storing as a whole or any part is prohibited without the written permission of Alpha Cars York. You may not modify, distribute or publish anything on this website for any purpose.

Information on this Website
Alpha Cars York has taken great care to ensure that the information contained within this website is accurate at the time of publishing and that all products and services have been correctly described. Prices quoted are those to which the carriers who accept bookings through this website have agreed to adhere. However you should always independently check any information before you rely on it. No representations are made by Alpha Cars york that the information is accurate up to date or complete and we do not accept liability for any loss arising from out of date or inaccurate information contained here within. This is a website providing information free of charge. If you wish to report any inaccuracies contact us at info@AlphaCarsYork.co.uk

Booking Terms and Conditions
1. You must be aged 16 years or over to book through this website.
2. Bookings are only valid for the journey stated.
3. The carriers are unable to carry animals, with the exception of guide dogs, without prior arrangement.
4. The carriers agree to carry passengers and their luggage. We are unable to carry unusual or oversized objects, hazardous goods or materials, furniture or excessive baggage.
5. Waiting time will be charged by the carrier at £20 per hour, charged at £5 per 15 minute unit or part of a 15 minute unit, unless previously agreed with the customer.
6. Alpha Cars York Taxis is not the provider of the carriage services advertised on this site.
7. This website is a booking service provided by Alpha Cars York as a disclosed agent for each carrier who accepts bookings through this website.
8. Alpha Cars York has taken every measure to ensure that the carriers to whom you are introduced via this website are both punctual and reliable but all contracts created through this service are between you and the carrier.
9. A booking fee for all app bookings will be charged to the customer per journey. This is so we can continue to upgrade the system and continuously provide an exceptional service.

Acknowledgement and Acceptance of Your Order
If you booked via the website or for account bookings and you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order (if you have opted in) and email you again to confirm the details of your booking. If the booking was made with a mobile app, then a push notification is sent to confirm your order and then to confirm the booking details. Your order is only confirmed once you receive the booking confirmation document/notification. It is the customers responsibility to check all the booking details are correct and inform us of any inaccuracies (01904 777222)

Delays
Adverse traffic conditions and other incidents beyond the carriers control may cause delays. We will always establish the current status with the carrier and inform you if you contact us.

Substitution
If for any reason carrier is unable to supply the vehicle ordered we will arrange with another carrier to supply a suitable alternative to accommodate you.

Insurance and Licenses
All carriers are insured in accordance with legal requirements including third party liability, damage and personal injury. Damage to property is limited and only in the event of negligence. All carriers are licensed by City Of York Council.

Payment and Refunds
How do I Pay?
If you wish to pay now we can collect payment on behalf of your carrier. All payments will be in Sterling. Your payment will be processed over a secure connection by either Stripe or Adyen, one of the leading payment service providers. To ensure that you always have the highest level of security, your payment details are encrypted when you enter them. You can pay for your order using Visa, Mastercard and American Express and your payment will be collected on completion of your journey.

Acceptance of your payment does not create a contract of carriage with Alpha Cars York. We accept your payment as the disclosed agent for the carriers who accept bookings through this website.

What if I want to Cancel?
We have agreed with the carriers that when you order online or over the phone you have the right to cancel your order up to 30 minutes before your scheduled pick up time, or before the calculated travel time when outside the City of York boundaries, with no penalty. Refunds will not be made outside of these limits. If a deposit has been taken and a cancellation occurs whilst the driver has been dispatched, some or all of the deposit may be refunded.

The York Ring road is considered the inner area within the A64 and A1237.

What if I want to Change my Order?
Changes can be made up to 30 minutes before your scheduled pick up time inside the York ringroad, or 30 minutes plus travel time when outside the City of York boundaries, you must do this by telephone please call (01904 777222) and this must be done during office hours.

What if I need a Refund?
Refunds will be given for cancellations with more than 30 minutes remaining before the scheduled pick up time inside the ring road. For jobs outside the York ring road, if cancelled 30 minutes plus the appropriate travel time.

Use of our Website
To book via our website you must be sixteen years or older. Using the website is confirmation that you possess the legal authority to enter into a contract of carriage and accept the terms and conditions of this website, including payments from Debit and Credit Cards in accordance with all its terms and conditions.

Use of our Website from Outside the UK
This website is intended to be used in the UK and directed solely at those who wish to use our services within the UK. Alpha Cars York make no representation that any services referred to are appropriate for use in other locations. Those who access the website from other locations are responsible for compliance with local laws and to the extent that local laws are applicable.

Damage to your Computer
Alpha Cars York makes every effort to ensure that this website is free from malware and viruses. However we cannot guarantee that your use of this website or any websites accessible from it will not cause damage to your computer. It is your responsibility to ensure that your equipment is suitably protected. Alpha Cars York shall not be liable to any person for any loss or damage to computer equipment which may arise as a result of using this website.

Links to other Websites
There may be links on this website to other sites we think you may want to visit. These are third party websites and Alpha Cars York accept no responsibility for either the content or any issues or any liability for anything contained in these websites.

Exclusions of Liability
Any disclaimers and exclusions of liability in these Terms and Conditions shall not apply to any damages arising from death or personal injury caused by the negligence or fraudulent behaviour of Alpha Cars York, its employees and agents or any carriers. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision should be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Alpha Cars York Ltd accepts no liability whatsoever for your late arrival or missing a flight or connection whatever the circumstance.

Other Legal Notices
There may be legal notices on other parts of this website which relate to your use of this website, all of which will, together with these Terms and Conditions govern your use of this website.

Law, Jurisdiction and Language
This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English language. Your statutory rights are not affected.

Note: These terms and conditions may change at any time and we encourage you to view them from time to time.