TERMS AND CONDITIONS
Passenger Bikes Limited trading as Passenger Bikes (hereinafter referred to as “the Carrier”) accepts passengers, luggage and personal items for carriage only upon the Conditions set out below. No servant or agent of the Carrier is permitted to alter or vary these Conditions in any way unless expressly authorised in writing to do so by a Director, Principal, Partner or other authorised person. If any legislation is compulsorily applicable to the Contract and any part of these Conditions is incompatible with such legislation, such part shall, as regards the Contract, be overridden to that extent and no further.
Definitions
“Booking” means a booking for a Rider or Sub-Contractor (as applicable) to provide the Services
“Cancellation Fee” means a fee charged by the Carrier for the cancellation of the Service by the Customer prior to the booked collection time
“Conditions” means the conditions of carriage set out in this document including any alteration, variation or amendment subsequently advised to the Customer by the Carrier
“Contract” means the contract of carriage between the Customer and Carrier on these Conditions, and applies to all bookings between the Customer and the Carrier as defined in 1.1 of these terms
“Customer” means the person or company who contracts with the Carrier for the services of the Carrier
“Price List” means the list maintained by the Carrier of its charges for the Service and any ancillary charges quoted to the Customer or as published on the Carrier’s website prior to or at the time of the booking
“Luggage & Personal Items” means suitcases, trunks, bags or other similar items used by a Passenger to hold their personal possessions during the Service and including all other items (such as handbags, mobile phones, personal electronic devices, sunglasses, cameras and keys) brought by a Passenger into the Vehicle but not otherwise contained within a suitcase, trunk or bag
“Normal Trading Hours” means the hours of normal operation which are currently the hours between 7am and 7pm, Monday to Friday excluding Bank Holidays.
“Passenger” means a person (including the Customer where applicable) who the Carrier agrees to transport from one place to another
“Service” means the carriage of passengers requested by the Customer
“Sub-Contractor” means a carefully selected third-party private hire service provider
“Termination Fee” means a fee charged by the Carrier for the termination of the Service by the Carrier prior to, or after the booked collection time.
“Privacy Policy” means the Carrier’s Privacy Policy.
Section 1: Carriage of Passengers and Luggage
1. 1. Contract
A Booking constitutes an offer by the customer to purchase the Service in accordance with these Terms. A Booking shall only be deemed to be accepted by the carrier when we issue written confirmation of the Booking via text message, email or WhatsApp or on commencement of the Booking (whichever is the earlier), at which point and on which date and time a contract for the of those services to which the Booking relates shall come into existence. The Passenger, in each case, is deemed to have accepted the Terms when making use of the Service. Each Booking constitutes a Contract between the Carrier (as principal), the Passenger and the Customer (if the person making the Booking is different from the Passenger). There is no obligation on us to accept a Booking and it may be declined for any reason.
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2. Customer contracts as agent on behalf of any and all Passengers
The Customer contracts for itself and as agent on behalf of any and all Passengers. For the avoidance of doubt the Customer will remain fully liable under these Terms for the actions or omissions of the Passenger(s) as if they were the Customer's own actions or omissions and our obligations to the Passenger will be determined by these Terms as if they were the Customer.
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3. Right of Rider to refuse carriage
The rider is responsible for their own safety along with the safety of the Vehicle and Passenger. Any Passenger whose conduct the rider reasonably believes to be drunken and disorderly, threatening, abusive, dangerous or in breach of any statutory regulation may be removed from a Vehicle or prevented from boarding.
The Customer will be responsible for the conduct of any Passenger and shall indemnify the Carrier for any damage or injury caused to the Vehicle rider or any third party’s property by the Customer or any Passenger.
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4. Loss of Passenger Luggage
The Passenger shall remain responsible at all times for their Luggage & Personal Items and shall ensure that all their Luggage & Personal Items are loaded into or secured onto the Vehicle prior to commencement of the Service, and unloaded from the Vehicle upon completion of the Service. The Carrier accepts no responsibility for any loss of / damage to Luggage & Personal Items or consequential losses arising as a result of Luggage & Personal Items which are not loaded to or unloaded from the Vehicle.
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5. Passengers taken ill
The Customer will be responsible for the conduct of the Passenger and shall pay for any loss and/or damage caused by the Passenger to the Vehicle or any other property, including but not limited to cleaning costs following any spillage or soiling of the Vehicle or clothing and any loss of earnings suffered by the Carrier or any sub-contractor or employee of the Carrier due to the Vehicle or clothing being out of use during such cleaning.
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6. Waiting time – General
The Passenger and any Luggage or Personal Items shall be ready for collection at the time stipulated by the Customer when the booking is made. However, the Carrier will allow 10 minutes for waiting or loading, when picking up the Passenger. In the event that the booked Passenger has not boarded the vehicle within 10 minutes the Carrier reserves the right to charge the Customer for the total loading/waiting time (for the avoidance of doubt, including the first 10 minutes) in accordance with the Price List. In any event the Carrier reserves the right to terminate the Contract at any time after the first 10 minutes and, in addition to any charge for loading/waiting time, may charge a termination fee which will be equal to the full amount quoted for the booking
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7. Waiting time – Collections from Airports
a. In relation to collections of a Passenger from the main Passenger Terminals at Heathrow (LHR), Luton (LTN), Stansted (STN) or Gatwick (LGW) Airports the Carrier will allow 30 minutes (starting from the scheduled arrival time for the relevant aircraft) for waiting and loading. Thereafter the Carrier reserves the right to charge the Customer for loading/waiting time in accordance with the Price List. In any event the Carrier reserves the right to terminate the Contract at any time after the first 30 minutes and, in addition to any charge for loading/waiting time, may charge a termination fee which will be equal to the full amount quoted for the booking
b. In relation to collections from the main Passenger Terminal at London City Airport (LCY) the Carrier will allow 20 minutes (starting from the scheduled arrival time for the relevant aircraft) for waiting and loading. Thereafter the Carrier reserves the right to charge the Customer for loading/waiting time in accordance with the Price List. In any event the Carrier reserves the right to terminate the Contract at any time after the first 20 minutes and, in addition to any charge for loading/waiting time, may charge a termination fee which will be equal to the full amount quoted for the booking
c. If the Customer requests the pick up time to be a time other than the scheduled arrival time of the Passenger's flight then the standard waiting time conditions (Section 1, item 1.5) will apply.
d. In relation to collections from all other airports, private terminals, airfields, aerodromes and or heliports (other than those mentioned in Section 1 item 1.6 a & b) the standard waiting time conditions (Section 1, item 1.5) will apply.
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8. Left Luggage
The only obligation of the Carrier in relation to any Luggage & Personal Items or other items left behind by Passenger(s) in the Vehicle upon completion of the Service shall be to inform the Customer that such Luggage & Personal Items or other items have been found, and when and where they can be collected from the Carrier.
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9. Animals
The Carrier will not carry any animals save for registered assistance dogs accompanying their owner where they can be safely carried.
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10. Legal requirements
The Passenger shall comply with all applicable legislation and regulations including the requirement to wear a helmet.
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11. Minors
The Carrier will not carry any unaccompanied children under 14 years of age without the express written permission of a parent or legal guardian for any and each journey.
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12. Route taken
Unless otherwise instructed by the Passenger before the commencement of the Service, routes travelled will (in accordance with road, traffic and weather conditions) be at the driver’s discretion.
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13. Missing flights/Delay
It is the responsibility of the Customer to ensure that sufficient time is allowed for completion of the Service. The Carrier gives any advice on journey times in good faith but does not guarantee the completion of any journey in any specific time and will not be liable for any direct or consequential loss, delay or inconvenience caused to the Passenger by the actual journey time (including but not limited to flight and hotel costs).
Section 2: General Conditions
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1. Commencement and end of Service – Carrier’s Period of Responsibility
The Service shall commence upon the arrival of the Vehicle for collection of the Passenger at the place of collection designated by the Customer.
The Service shall terminate upon delivery of the Passengers at the agreed place of delivery.
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2. Right to sub-contract the Service
The Carrier may engage any agent or sub-contractor to perform the Service and shall provide the name of such agent or sub-contractor to the Customer upon request
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3. Carrier’s charges
The Carrier’s charges shall be based upon the Price List, with VAT to be added if required by law.
The Customer will be required to provide Credit or Charge card details in order to pay for the Carrier's service.
If the Carrier agrees to invoice for the service the Carrier’s charges are to be paid in full within 30 days from the date of the Carrier’s invoice, without any deduction or set off against any alleged claim against the Carrier.
Any query by a Customer in respect of the Carrier’s charges must be made in writing within 7 days of the date of the Carrier’s invoice.
If the Carrier’s charges are not paid in full within 30 days from the invoice date, the Carrier shall thereafter be entitled to charge interest on all outstanding amounts at an annual rate of 8% above the Bank of England base rate current at the date of the unpaid invoice. Where the Customer is a commercial entity, interest and penalties shall be charged pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
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4. No variation of terms
These Conditions shall apply to the exclusion of any other terms and conditions (including those of the Customer). Unless agreed in writing by a Director of the Carrier, no employee, agent or sub-contractor of the Carrier is authorised to alter or vary these Conditions.
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5. Cancellations
If the customer cancels their Contract with the carrier then they may be liable to pay a Cancellation Fee in any of the following instances:
a. Where notice of cancellation is provided by the Customer to the Carrier less than 24 hours (excluding the hours during Weekend Days and Public Holidays) before the collection time, the Cancellation Fee will be equal to the full amount quoted for the booking (for the avoidance of doubt Weekend Days are from 00:01 on Saturday until 23:59 on Sunday. Public Holiday hours are 00:01 until 23:59 on any Public Holiday in England and these hours are not included when calculating any notice period given).
b. Where notice of cancellation is provided by the Customer to the Carrier less than 48 hours (excluding the hours during Weekend Days and Public Holidays) before the collection time the Cancellation Fee will be equal to 50% of the amount quoted for the booking (for the avoidance of doubt Weekend Days are from 00:01 on Saturday until 23:59 on Sunday. Public Holiday hours are 00:01 until 23:59 on any Public Holiday in England and these hours are not included when calculating any notice period given).
c. Where the booking is for a transfer taking place outside the Normal Trading Hours, unless a minimum of 48 hours (excluding the hours during Weekend Days and Public Holidays) notice is given the Cancellation Fee will be equal to the full amount quoted for the booking (for the avoidance of doubt Weekend Days are from 00:01 on Saturday until 23:59 on Sunday. Public Holiday hours are 00:01 until 23:59 on any Public Holiday in England and these hours are not included when calculating any notice period given).
d. For some bookings a longer notice period for cancellation may be required. In this event the Customer will be informed verbally or in writing at the time of booking.
1. 6. Amendments
Amendments are defined as one of the following. i. A change of passenger. ii. A change in collection time. iii. A change of pick up address. iv. A change of drop off address. Where more than one of the preceding is changed in one booking the Carrier reserves the right to terminate the Contract and may charge a termination fee which will be equal to the full amount quoted for the booking.
a. Amendments to bookings made less than 24 hours (excluding the hours during Weekend Days and Public Holidays) before the collection time will incur a change of booking fee (for the avoidance of doubt Weekend Days are from 00:01 on Saturday until 23:59 on Sunday. Public Holiday hours are 00:01 until 23:59 on any Public Holiday in England and these hours are not included when calculating any notice period given).
b. Amendments to bookings are subject to availability and in any event the Carrier reserves the right to terminate the Contract at any time if amendments are requested less than 24 hours (excluding the hours during Weekend Days and Public Holidays) before the collection time and, in addition to any charge for loading/waiting time, may charge a termination fee which will be equal to the full amount quoted for the booking (for the avoidance of doubt Weekend Days are from 00:01 on Saturday until 23:59 on Sunday. Public Holiday hours are 00:01 until 23:59 on any Public Holiday in England and these hours are not included when calculating any notice period given).
c. Where a change of address results in a transfer of a lower cost the original transfer cost may be charged.
d. Amendments to delay the pick up time cannot be made after the Vehicle has been dispatched to the pick up.
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7. General indemnity against any charges incurred by Carrier
The Customer shall indemnify the Carrier in respect of:
a. All consequences suffered by the Carrier (including but not limited to claims, costs, expenses, demands, proceedings, fines, penalties, damages, and loss of or damage to the carrying Vehicle and to other goods carried) arising as a result whether direct or indirect of any error, omission, misstatement or misrepresentation by the Customer or an employee or agent of either of them.
b. All claims and demands whatsoever in excess of the liability of the Carrier under these Terms and Conditions
1. 8. Equal Opportunity Employer
The Carrier is an Equal Opportunity Employer and has implemented a policy to promote equality in relation to disability, gender, race, age, religion or belief and sexual orientation. The Carrier will refuse to accept any booking which would contravene that policy.
1. 9. Rider Employment Status
a. All riders working for the Carrier are employees of the Carrier and are contracted accordance with current UK employment legislation.
b. Where the rider is provided by a sub-contractor their employment status may vary and details of their employment contract should be sought from the Private Hire Operator accepting the booking being carried out by them.
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10. Severance
If any provision of the Conditions is held by any court or competent authority to be invalid or unenforceable, in whole or in part, the validity of the remainder of these Conditions and of such provision shall continue in full force and effect.
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11. Claims
No claim shall be brought against any officer, employee or sub-contractor of Passenger Bikes Limited
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12. Law and jurisdiction
These Conditions and the Contract to which they apply shall be subject to English law, and any dispute between the Customer and the Carrier shall be subject to the exclusive jurisdiction of the English Courts.
1. 13. Pillion Experience
Terms and conditions of purchase and booking are detailed on each 'Pillion Experience Voucher'
PRICE LIST
1. All bookings are quoted on an individual basis.
2. Change of Booking Fee is £10.
3. The Waiting Time rate is £90 per hour charged in 5 minute increments (for the avoidance of doubt up to 10 minutes waiting would be £15, up to 15 minutes £22.50, up to 20 minutes £30 and so on.)
4. All quotations are valid for 7 days from the time of issue.
5. Bookings with any part of the journey taking place outside the Normal Trading Hours will be subject to a premium.
6. As Directed booking include 15 miles travel per hour. Excess mileage will be charged at the standard journey rates.
7. Any and all fees relating to drop offs or pick ups at airports or stations as well as any parking charges incurred will be added to the cost of a journey and will not included in quotes given for journeys.
8. All prices are subject to the addition of VAT at the prevailing rate.
9. Prices may be changed without prior notice.