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Terms and Conditions

1. Definition and Interpretation

  • 1.1.  In these Terms the following words have the following meanings:
    • customer means the person(s), firm or company for whom the company has agreed to provice the specified service in accordance with these terms.
    • company means SMAT Chauffeur Services, (the operator), provider of luxury chauffeur driven car hire service.
    • contract means the contract for the provision of the specified services incorporating these Terms.
    • specified services means the passenger car services.
    • passenger car service means the service for the transport of passengers (or parcels) provided by the company.
    • company's standard charges mean the charges shown in the company's website, brochure or other published literature relating to the specified service from time to time.
    • working day means a day other than a Saturday or a Sunday, on which banks are open for business in London.
  • 1.2.  The terms and conditions apply whether a contract is entered into verbally or in writing.
  • 1.3.  The headings in these Term are for convenience only and shall not affect their interpretation.

2. Supply of the Specified Service

  • 2.1.  The Customer is responsible for all the actions, decisions, costs and any additional charges of the passengers travelling in any of the comapny's vehicles. Where the customer will not be a passenger themselves in a booking made, although still responsible for the specified services, must notify the company of a named representative amongst the passengers travelling. The company will only accept instructions from the customer or the named representative.
  • 2.2.  By making a specified service booking, the customer acknowledges that they have read, understand and accept our terms and conditions. The Customer also agrees to entering into a legal contract, specifically, between the person making the booking (the customer) and the company (the principal) only. Hence, any further correspondence including additional bookings, amendments, complaints or queries must be directed solely at / to the company only (and not the driver).
  • 2.3.  The Company shall provide the specified service to the customer subject to these Terms. Any changes or additions to the specified service or these Terms must be agreed in writing by the customer and a senior member of management of the company.
  • 2.4.  Further details about the specified service, advice and recommendations about its provision or utilisation, which are not given in the company's website, brochure or other promotional literature, may be made available on written request.
  • 2.5.  The Company may correct any typographical or other errors or omissions in any brochure, promotional literature, on the website, quotation or other document relating to the provision of the specified service without any liability to the customer.
  • 2.6.  The Company may at any time without notifying the customer make any changes to the specified service which are necessary to comply with any applicable safety or other specified statutory requirements, or which do not materially affect the nature or quality of the specified service.

3. Passenger Car Service Charges

  • 3.1.  Subject to any special terms agreed in writing by a senior member of management of the company, the customer shall pay the company's standard charges and additional sums which are agreed between the company and the customer for the provision of the specified service or which, in the company's sole discretion, are required as a result of the customer's instruction or lack of instruction or any other cause attributable to the customer.
  • 3.2.  The company may vary the company's standard charges from time to time by giving not less than one months written notice to the customer.
  • 3.3.  All Prices quoted to the customer for the provision of the specified service are exclusive of any VAT for which the customer shall be additionally liable at the applicable rate from time to time, except where a price is confirmed as an inclusive price.
  • 3.4.  Prices quoted are for the specified services only (the driver and vehicle). Prices quoted are subject to availability of suppliers. Prices are based on all journeys starting or ending at Park Lane, London W1 and is also dependent on the trip route chosen by the customer. A booking process will only take place after a quote is generated, which in turn is dependent on the information supplied by the customer. Any additional charges will be separately identified and be added to the final bill, which the customer will be responsible for.
  • 3.5.  The customer must not assume changes to the destinations will be allowed once a booking has been dispatched and must notify the company in advance of any changes before commencement of the journey. Where the company allows a change or addition to the journey, a new quote will be generated and the customer shall be responsible for any changes in price accordingly.
  • 3.6.  The Company may invoice the customer following the end of each week in which the specified service is provided, or at other times agreed with the customer.
  • 3.7.  The Company's standard charges and any additional sums payable shall be paid by the customer (together with any applicable VAT, and without set off or deduction) within 7 days of the date of the company's invoice.
  • 3.8.  Additional charges that may arise includes but not limited to, waiting time charges (applicable to A to B transfers), airport or other car park charges, tolls, river crossings, excess mileage charge (applicable to hourly rate bookings), airport drop-off charges (where applicable) and tips (where the customer instructs us to do so).
  • 3.9.  If payment is not made on the due date, the Company shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after judgement) at the rate of 5% above the base rate from time to time of Royal Bank of Scotland plc from the due date until the outstanding amount is paid in full.

4. Specific Provisions relating to Chauffeur service where goods are involved

  • 4.1.  It is hereby declared that any sub-contractor of the Company and the servants and agents of the company and any sub-contractors are third parties to this contract within the meaning of the Contracts (Rights of Third Parties Act 1999) and shall be entitled to enforce the same accordingly.
  • 4.2.  In the rare occasion where goods are being handled by the company for the customer, the customer expressly warrants that they are either the owners or the authorised agents of the owners of the Goods and further warrant that they are authorised to accept and are accepting these Terms not only for themselves but also as agents for and on behalf of other persons who are or may thereafter become interested in the Goods. Also,
  • 4.3.  The customer warrants that the Goods have been properly, appropriately and sufficiently packed, labelled and/or prepaid and that where the Goods are over £1,000.00 in value, the value of the Goods and the nature of the Goods have been communicated to the Company prior to the Company accepting the Goods.
  • 4.4.  The Company shall collect the Goods from the collecting address notified by the Customer to the Company within the collection time frame agreed between the customer and the Company and shall transport them by motor vehicle / aircraft and such other means as may be appropriate to the destination address specified by the customer and deliver them within the delivery time agreed between the customer and the company.
  • 4.5.  The Company shall ensure that the Goods are at all times from collection to delivery in the actual custody of a responsible person employed by the Company or an agent or sub-contractor of the Company or employed by such sub-contractor.
  • 4.6.  The Company shall comply with any specific delivery instructions notified by the Customer to the Company and subject thereto shall deliver the Goods at the delivery address to the person named as recipient or to some responsible person at that address.
  • 4.7.  The Company may not obtain a receipt for the Goods from the recipient except where proof of delivery is required. As between the parties such receipt if required shall be conclusive evidence as far to the fact and time of delivery and (except for any observation to the contrary on the receipt) evidence that Goods were delivered in good condition.
  • 4.8.  Subject to any express instructions given by the Customer, the Company reserves to itself, absolute discretion as to the means, route and procedure to be followed in the handling, storage and transportation of Goods. Further, if in the opinion of the Company it is at any stage necessary or desirable in the customer's interest to depart from those instructions, the Company shall be at liberty to do so.
  • 4.9.  The Company shall not be liable for any loss, damage or mis-delivery in delivery occasioned solely or principally by:
    • 4.9.1.  an act of God;
    • 4.9.2.  an act of war, hostilities, riots or civil commotion or the threat or fear of such conditions prevailing;
    • 4.9.3.  criminal malicious or negligent acts or omissions of third parties;
    • 4.9.4.  industrial action;
    • 4.9.5.  the effect of ionising radiation or uncontrolled nuclear reaction;
    • 4.9.6.  inadequate packaging of the Goods by the Customer or non-disclosure by the customer of the value of the Goods or the nature of the Goods;
    • 4.9.7.  suspension or cancellation of transport services by reason of or of the threat or fear of inclement weather or any of the matters set out in clauses 4.9.1 to 4.9.6 inclusive.
  • 4.10.  Notwithstanding the provisions of clause 4.9, the Company shall only be responsible for loss or damage to Goods for any non-delivery or mis-delivery if it is proven that the loss, damage, non-delivery or mis-delivery occured whilst the Goods were in the actual custody of the Company and under its actual control and that such loss, damage, non-delivery or mis-delivery was due to the negligence or default of the Company.
  • 4.11.  Where the Company is liable for loss or mis-delivery of or damage to the Goods its liability shall be limited to the lesser of the market value (or cost of repair if less in the case of damaged Goods) and the sum of £1,000.00 per consignment unless otherwise agreed in writing between the Company and the Customer.
  • 4.12.  In any event the Company shall be discharged from all liability for the loss of the Goods or for the loss or non-delivery of the Goods or for damage or mis-delivery (however caused) unless the Company is advised thereof in writing within 5 working days and a quantified claim is made in writing within 7 working Days after the end of the transit of the Goods.
  • 4.13.  Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under as expressly set out in these Terms, for any loss of profit or any indirect, special or conseqential loss, damage, costs, expenses or other claims whether caused by the negligence of the Company, its servants or agents or otherwise which arise out of or in connection with the provision of the Courier Service (including any delay in providing the Courier sercice).
  • 4.14.  The Company will at the request and cost of the Customer insure the Goods while in the custody of the Company for their full market value. The Company will provide the Customer with a copy of the material provision of the policy and written confirmation that the insurer is on risk in relation to the Goods. Where the Goods are so insured the Company shall be under no liability to the Customer for any matter in respect of which a claim has been made or could be made under that policy.
  • 4.15.  The Customer shall not submit for carriage and the Company shall not be obliged to carry any Goods of the descriptions set below. The Company may on discovering any such Goods abandon the carriage of them. In that event the Company shall forthwith notify the Customer of the circumstances and of the location of the Goods but shall be under no liability in respect of the safekeeping of the Goods or otherwise. Should the Customer nevertheless cause the Company to handle or deal with any such Goods, the customer shall be liable for all loss or damage whatsoever caused by or to or in connection with the goods however arising and shall indemnify the Company against all penalties, claims, damages, costs and expenses, whatsoever arising in connection therewith.
    • 4.15.1.  Explosive and inflammable items, firearms including parts of firearms, ammunition and detonators;
    • 4.15.2.  Any written, printed or pictural material which is or might reasonably be held to be obscene, blasphemous, scandalous, defamatory proscribed or prohibited in any country from, to or through which carriage is to take place.
    • 4.15.3.  Any article the possession of which is unlawful by the law of any country from, to or through which carriage is to take place.
  • 4.16.  Except under special arrangements previously made in writing, the Company will not accept or deal with bullion, coins, precious stones, jewellery, valuables, antiques, pictures (excluding commercial artwork), livestock, plants, computers, information technology equipment, mobile phones, glass products and other products of a fragile nature. Should any Customer nevertheless deliver any such goods to the Company or cause the Company to handle or deal with any such goods otherwise than under special arrangements previously made in writing, the Company shall be under no liability whatsoever for or in connection with the goods howsoever arising.

5. Specific Provision Relating to Passenger Car Services

  • 5.1.  The Company shall collect and shall transport passengers to and from the destinations advised to the Company by the Customer.
  • 5.2.  The Company reserve the right to levy a cancellation fee in respect of a booking made in accordance with clause 5.1 which is cancelled by the Customer.
  • 5.3.  The Customer shall be liable for all loss or damage caused to any vehicle which is being used by the Company to transport that Customer pursuant to the Passenger Car Service where such loss or damage has been caused by the acts or omissions of the passenger that the Company is carrying at the request of the Customer, including without limiting the generality of the foregoing, liability for spillages.
  • 5.4.  Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or as expressly set out in these Terms, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) which arise out of or in connection with the provision of the Passenger Chauffeur Car Service (including any delay in providing the Passenger Chauffeur Car Service). If the “service guarantee” is in place at the point of booking, the Company shall be responsible only for ensuring that the charge for such booking as was originally made is wavered. Any deviation to such original booking will be charged proportionally.

6. Booking Confirmation

Normally, written confirmation by the company is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms. Where a customer is aware of our pricing structure and accepts them, a verbal confirmation will be deemed as a booking confirmation.

7. Vehicles

  • 7.1. Based on the information the customer supplies, the Company reserves the right to provide a larger vehicle than that specified at no additional charge unless any extra seats are used in which case an additional pro rata charge will be made to the hire charge.
  • 7.2. The company reserves the right to substitute another vehicle (including those of other operators) or ancillary facilities for all or part of the booking subject to such substitutes being of at least equivalent quality.
  • 7.3. The company will at the time of booking agree and specify the legal seating capacity of the vehicle that will be provided. The customer must not load the vehicle beyond this capacity.
  • 7.4. REFRESHMENT AND ALCOHOLIC DRINKS: Food (except confectionery) and drinks (including alcoholic beverages or hot drinks) may NOT be consumed in or on any vehicle without prior written consent from the company.

8. Smoking

It is against the law to smoke in any private hire vehicle and this includes electronic cigarettes or vapes. As such, smoking of any type of cigarette is prohibited in any of our vehicles. Passengers are kindly asked NOT to ask our drivers if it is OK to do so or for any special dispensation of grace to do so. A safe location will be sought where the passengers can exit the vehicle to do so.

9. Animals and Pets

Other than guide dogs, hearing or special needs dogs, NO ANIMALS OR PETS may be carried in or on a Privcate Hire vehicle without prior written agreement from the commany.

10. Cancellation by the Customer

ALL CANCELLATIONS MUST BE IN WRITING AND SIGNED BY THE PERSON TO WHOM THE CONFIRMATION WAS ADDRESSED.
(email can be accepted).
If a customer wishes to cancel any agreement, the following scale of charges will apply in relation to the total hire charge.

  • 10.1. Where a deposit has been requested and paid this is NON-REFUNDABLE.
  • 10.2. The cost of accommodation, meals and theatre tickets which have already been purchased by the company at the request of the hirer, will be charged to the hirer, plus any administration charges incurred by the company.
  • 10.3. Cancellations due to inclement weather conditions will be charged as above.
  • 10.4. Theatre tickets (or other such ancillary service) once purchased are not returnable and must be paid in full.
  • 10.5. Once a booking has been dispatched, any cancellation will be charged either as done or charged to / from Park Lane, London, W1. For hourly bookings, the minimum cancellation charge will be for four (4) hours from / to Park Lane, London W1. For bookings of more than one day, the cancellation charge will be for one (1) full day hire only.
  • 10.6. Where the hire is cancelled a minimum of 4 hours before the prebook time, a 50% cancellation charge will apply.
  • 10.7. Cancellations made withing one (1) hour of the time the booking is made will incur no cancellation charges.

11. Cancellation by the Company

In the event of any emergency, riot, civil commotion, strike, lock out, stoppage or restraint of labour or on the happening of any event over which the company has no control (including adverse weather and road conditions) or in the event of the customer taking any action to vary agreed conditions unilaterally, the company may, by returning all money paid and without further or other liability, cancel the contract. The company also reserves the right to cancel a contract or booking in the following situations:

  • 11.1. Where the total number of passengers or luggage exceed the capacity of the vehicle requested by the customer either by omission or by not giving the company the correct booking information.
  • 11.2. In the event of inappropriate behaviour or conduct by the passenger(s) travelling in any vehicle. The company will charge the customer as if the booking was complete and the matter will be closed.
  • 11.3. If the driver feels threathened or is threathened, verbally or racially abused, assaulted, sexually harassed or similar, or any matter that may pose a risk to the welfare of our drivers.
  • 11.4. Any airport no-shows after ninety (90) minutes of waiting or other no-shows after thirty (30) minutes waiting will lead to an automatic chargeable cancellation unless the customer instructs that such booking should not be cancelled and the duration of the additional waiting time stipulated. Any additional waiting time will be charged in this case and the customer is responsible for all costs incurred.
  • 11.5. Where the customer or the passenger(s) either smoke or continue to smoke after being advised to cease doing so, the company may cancel the booking and the booking will be charged as done. Subsequently, the company may decide to no longer provide its services if the company feels it is in the company’s best interest to do so.

12. Breakdown and delays

The company gives advice on journey time based on certain variables. However, if as a result of breakdown, unexpected traffic conditions or other events beyond the reasonable control of the company, causes the journey to take longer than predicted, in these circumstances the company will not be liable for any loss or inconvenience suffered by the customer as a result.

13. Other Arrangements

Where the company arranges ancillary facilities such as meals, accommodation, ferries, admission tickets or any other services provided by another supplier, it does so as agent for and on behalf of the customer. Any terms and conditions imposed by such other suppliers on the company shall, insofar as they are supplied to the customer, be binding on the customer as if he had directly contracted such services and the customer shall indemnify the company against any loss, claim, damage or award in respect of a breach of such supplier’s terms and conditions brought about by the customer’s action.

14. Passenger Conduct

  • 14.1. The driver is responsible for the safety of the vehicle at all times, and as such may remove any passenger whose behaviour prejudices safety or is in breach of the Public Service Vehicle (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990. The customer is responsible for any damage caused to the vehicle by any passenger for the duration of the hire.
  • 14.2. Where the hire is to a sporting event, the customer should be aware of the legal requirements relating to alcohol, contained in the Sporting Events (Control of Alcohol) Act 1995, and the conditions of entry to race courses as laid down by the Race Course Association Ltd.

15. Sickness due to Alcohol

Sickness due to alcohol will be charged at £150.00.

16. Complaints

In the event of a complaint about the company’s services, the customer should endeavour to seek a solution at the time by seeking assistance from the driver or from the company. If this has not provided a remedy, complaints should be submitted in writing or verbally and within 14 days of the termination date of the hire. The company will acknowledge all complaints made within 14 days and will normally reply fully within 28 days.

17. Advertisement

No bill, poster or notice is to be displayed on any vehicle without the written consent of the company.

18. Additional Charges.

Once a confirmation has been issued to the customer, the company reserves the right to pass on increases in the cost of fuel, taxes imposed by the Governments of the UK and of other countries to be visited during the journey, road tolls, and foreign currency. On notification of such surcharges, the hirer may cancel the booking subject to the scale of cancellation charges shown in paragraph 11. The liability of the company will be limited to the cost of the hire and any ancillary services supplied.

19. General

  • 19.1.  These Terms constitute the entire agreement between the parties. It supersedes any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, expressed or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
  • 19.2.  A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to the provision to the party giving the notice.
  • 19.3.  No failure or delay by either party in exercising any of its rights under the contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
  • 19.4.  If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provision of these Terms and the remainder of the provision in question shall not be affected.
  • 19.5.  English law shall apply to the contract, and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.

Email : termsandconditions@smatchauffeurs.com

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