All Seasons Hotels Holdings Ltd
All Seasons Philipburn Ltd
Trading as All Seasons Cars
Standard terms and conditions of carriage
1a These conditions apply to the private hire and other carriage services provided by All Seasons Cars hereinafter referred to as “the Carrier”. All Seasons Cars is a trading name of All Seasons Hotel Holdings Limited, hereinafter also referred to as “the Carrier”, a company registered in England and Wales and also All Seasons Philipburn Ltd, a company registered in Scotland and all contracts with the Carrier will be deemed to be made with one of those companies depending on location, whether ostensibly made in the name of the Carrier or of any director of the Carrier in his personal capacity. No liability to Customers will fall on individuals employed by the Carrier except as may be provided by law.
1b Should the Carrier deem it appropriate or necessary to utilise the services of other carriers or companies in the performance of the required services, it may do so at its sole discretion and these terms and conditions will apply to any such associate as if the contract were made directly with it.
2a In these conditions the term “Customer” shall include any individual, company, partnership or other entity for whom the Carrier provides carriage services.
2b Any Customer which is not an individual shall be represented by an individual who shall be jointly responsible for the membership under these terms and the term Member will refer to the entity and the individual jointly and severally unless otherwise agreed in any specific circumstances.
3a The Carrier is available to provide carriage services to members of the public or members of the All Seasons Cars members Club hereinafter referred to as “the Club”. Any person may become a member of the Club and to do so must provide name and address and general contact details and have accepted the Company’s standard terms and conditions of carriage.
3b When becoming a Club member a Customer shall provide current credit or debit card details to enable payments due to the Carrier to be charged to it.
4a Every Customer shall be bound by these terms and conditions and responsible for any liability arising out of use of the Carrier’s services.
4b Every Customer shall be responsible for himself and any additional parties who accompany him or her in any journeys provided by the Carrier.
4c The Customer in using the Carrier’s services accepts responsibility for any acts or defaults of any person travelling with the Carrier under his membership.
4d In relation to carriage contracts where the Customer is not personally present he shall nevertheless remain responsible for the proper conduct of those being carried and such individuals may be required to sign an authority confirming that they are bound by these terms and conditions as if they were also members of the Club.
4e The Customer in relation to any specific contract for carriage is the Member who booked and paid for the costs of the carriage.
4f Customers in accepting the Company’s standard terms and conditions explicitly agree to accept any future amendments of those terms and conditions insofar as they may apply.
5 The basis of charges for travelling in the Carrier’s vehicles shall be as follows:
A a standing charge representing the cost of the vehicle coming from the Carrier’s base which is the Philipburn House Hotel to the Customer’s required pick-up point +5 minutes; (minimum £2.50). There will be a minimum charge per journey of £6 including VAT or £1 per person if more.
B the charge from the Customer’s pick-up point to the final destination.
C a further charge will be made for the vehicle to return to the Carrier’s base after dropping off the Customer and any additional passengers, and any waiting time.
D Each component of the journey will be based on the optimum route as shown by Google Maps and charged in two parts, the first being a mileage charge and the second a time charge and the two parts combined for each component shall be known as the “Carriage Charge”. Waiting time will be charged at the time charge rate. The Carrier may at its discretion increase the time charge in appropriate circumstances to reflect anticipated traffic delays.
E In accordance with the law Customers must make their bookings in advance. This can be done by telephoning the Carrier’s office or completing and submitting a “pick-up request” on the Carrier’s form by e mail or by e mail. The Customer will be informed of the Carriage Charge by telephone or e mail.
F The Carriage Charge will be calculated at the time of booking and must be paid for in advance by card.
G A Customer’s personal baggage and that of his companions will be carried at no additional cost.
H Pets, properly secured if necessary, will be carried at no additional cost.
I The Carriage Charge as initially calculated will apply to the journey unless either the time or distance limits are exceeded by more than 20%, for example due to traffic congestion, taking an alternative route, waiting time or any other reason. In such circumstances the revised parameters will be agreed with the Customer on arrival and a supplementary charge will be raised and an administration fee of £1 will be charged. Ascertaining if limits have been exceeded will apply to the section from the Customer’s pick-up point to the Customer’s final drop-off point.
J The Customer will be liable for a charge of £65 for any necessary cleaning beyond reasonable “wear and tear”, for example if someone is sick or animals soil the vehicle. Sick bags are carried in the vehicles and will be disposed of without charge. The Customer will also be liable for any damage caused to a vehicle.
K Any necessary tolls, parking charges or other costs arising on a journey will be payable by the Customer.
L VAT is chargeable where applicable and a VAT invoice may be requested. The charges quoted above are inclusive of VAT.
M The Carrier does not charge additional service charges or tips and Customers are under no obligation to pay tips. However it is entirely a matter for Customers should they wish to tip a driver personally.
N “Away day” trips will be costed based on a Customer’s requirements and billed accordingly.
O Unless a fixed fee is agreed for any journey, carriage charges will be charged based on one of three rate charge bands. Rate 1 is the standard charge without uplift and applies at all times other than when Rates 2 and 3 apply. Rate 2 applies from 9pm to 7am, Sundays, public holidays and from 6pm to 11pm on Christmas Eve and New Year’s Eve. The uplift for Rate 2 is 25%. Rate 3 applies from 11pm on Christmas Eve until 7am on 27th December and from 11pm on New Year’s Eve until 7am on 2nd January or the day after the new year bank holiday, if different. The uplift for Rate 3 is 66%. The rate chargeable for any particular journey will be the higher rate where more than one charge band would apply to a journey and this rate will apply to the whole journey.
P The Carrier may at its option offer periodical promotional discounts.
Q The current mileage and time rates will be available on demand and also may be viewed on board a company vehicle along with insurance details.
R Administration fees may be charged in certain circumstances, e.g. where additional planning is required.
6a Should two or more Customers wish to share the costs of any particular journey they may do so by advising the booking clerk at the time of booking and the Carriage Charge shall be divided as agreed between the Customers.
6b Should Customers wish to book a journey for multiple parties, for example following the closing of an event or pub, Customers are advised to book in good time to ensure that the details of multiple drop offs are correctly recorded and charges agreed and paid. An additional charge of £1 will be made for every drop off after the first. This would include, for example, stopping off at a take-away. An allowance of 4 minutes will be made for each drop off. The converse will apply where, instead of drop offs, the vehicle makes multiple pick ups, dropping the passengers off together at the destination.
6c A graded system is in operation whereby if the number of passengers is 4 to 6, a 10% uplift applies and if the number of passengers is 7 or above a 20% uplift applies.
7 The maximum number of persons who can be carried in any one journey shall be 8 but different limits and charging provisions will apply to vehicles permitted to carry more than 8 passengers. The number will be lower for cars with lesser capacity.
8a A driver may refuse to carry any passenger whom he deems to be a risk or any animal which is not properly secured or potentially dangerous.
8b Customers are not permitted to consume food or drink on board our vehicles.
8c Customers are asked to be fully dressed. The driver may wish to put a seat cover on a seat if he considers it necessary to keep it clean.
9a Although every effort will be made to assist a Customer in determining a suitable departure time and time allowance for a journey the Carrier will not be liable in any respect should a Customer be late in arriving at his destination, for example if he were to miss a train or plane.
9b In the event of a breakdown of our vehicle or the incapacity of our driver, the Carrier will carry out his best endeavours to send out another vehicle to continue the journey or instruct an alternative carrier and will meet the costs of that carrier out of the carriage charge previously calculated.
9c If a Customer cancels a carriage contract a refund of 100% of the charge may be made less an administration charge of £8 but if a carriage contract is cancelled less than one month before the journey is due, the refund will be limited to 40% of the amount charged and if it is cancelled less than two weeks before the journey is due, no refund will be made.
9d If on arrival at pick up the Customer is not there the driver will make reasonable attempts to locate him. If he cannot be found or chooses not to take up the carriage there will be no refund made. If he does take up the carriage the lost time after pick-up time will count towards the 20% margin referred to in paragraph 5H hereof.
10 The Carrier will not permit its vehicles to be used for any unlawful purpose or for its passengers to engage in any unlawful practice or carry illegal goods whilst in a company vehicle. The Carrier will report any suspicious behaviour in this respect.
11 Privacy notice: Customers are on notice that the Carrier’s vehicles are equipped with CCTV. In accordance with the GDPR the personal data obtained by such CCTV equipment is acquired for the following purposes:
A to provide to the police upon any proper request concerning usage of the Carrier’s services in connection with any criminal enquiry;
B to provide a record of a Customer’s journey in the event of any dispute between the Customer and the Carrier;
C to provide evidence of a driver’s actions and behaviour in the event of any complaint by a Customer or vice-versa;
D to provide evidence of any potential impropriety as regards children or vulnerable adults.
12 CCTV data will normally be held for 30 days unless it is required as evidence in any dispute or proceedings.
13 CCTV data held will be provided to the police or the local licensing authority upon request.
15 In relation to any booking for the carriage of baggage, packages or other goods, the Carriage Charge shall be based on the same criteria as those used for passengers.
16 Customers may be invited to rate a journey taken after the event by e mail.
16b For the purpose of identifying the current terms and conditions they will always be referred to by a version number. Any Customer considering he has not received the latest version should ask to be provided with one at the earliest opportunity or he may download one from the Carrier’s website.
16c Any updates in terms and conditions will be automatically implemented and by continuing to use our services Customers will be deemed to have accepted them. A Customer may resign as a club member at any time by contacting the bookings clerk.
17 Provision of assistance to Customers: The Carrier’s drivers are just that – drivers. They are not social workers, nurses, care workers, first aid providers, paramedics, assistance orderlies or any other trained person in relation to the provision of care or assistance. However, our drivers will be pleased to assist Customers at their request as best they can within the compass of their own abilities. Should there be any incident or accident involving an employee of the Carrier in assisting a Customer entering, in, or alighting from, our transport, no liability will be accepted either by the employee or the Carrier and any such assistance is given entirely at the Customer’s own risk.
18 Nothing in these terms and conditions limits or excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation or alters the Customer’s rights as a consumer that cannot be excluded under applicable law.
19 The Carrier, its directors, employees, agents or subcontractors shall not be liable to the Customer for any losses of any description however incurred other than a failure to deliver the Customer to his destination and in no respect shall any liability falling on the Carrier exceed the amount of the Carriage Charge other than as may be incurred under paragraph 18 hereof.
20 Any Customer having a complaint or grievance in relation to his dealings with the Carrier may in the first instance refer this to the managing director of the company. If the complaint cannot be resolved the Customer at all times has a right to complain to the Carrier’s licensing authority. Any complaint should be lodged within seven days as otherwise evidence may no longer be held.
[vr18] effective 10-02-2024