Private Hire Terms & Conditions
Regulation 9(14) of the Private Hire Vehicles (London) (Operators’ Licences) Regulations 2000 now states:
“The operator shall enter into a contractual obligation as principal with the person making the private hire booking to provide the journey which is the subject of the booking and any such contractual obligation must be consistent with the 1998 Act and these Regulations.”
General
- Anyone booking a Private Hire through this company will agree to the terms and conditions stated below. This includes ticking the box which states that you agree to the stated terms and condition. Anyone carrying out a booking for another person will represent that they carry the authority of that individual to accept the terms and conditions on their behalf.
Definitions
2.1 In these terms and conditions, the following phrases carry the following definitions:
2.1.1 The 'agreed pick up point' is the stated place where you will be picked up, in accordance with the terms and conditions.
2.1.2 The 'agreed time' is the stated time and date when you will be picked up, in accordance with the terms and conditions.
2.1.3 The 'booking' is the booking of our company's services for your trip. It is possible to place a booking for a single trip, a return trip or split trips.
2.1.4 The 'supplier' will refer to the private hire company that the booking has been placed with which Marhaba Services.
2.1.5 The 'card' refers to the debit, charge or credit card that has been used in making the booking.
2.1.6 'Cash' refers to a payment which has been made to the company or one of our drivers.
2.1.7 'Card costs' relate to charges which have been incurred through using services of credit card companies when making payment for services.
2.1.8 The 'details' refer to the information and details provided by you when making a booking.
2.1.9 The 'fare' relates to the fee that is paid with respect to the accepted quote.
2.1.10 The 'goods' refers to any or all goods that are present in the vehicle during a journey or booking.
2.1.11 The 'trip' refers to the journey which runs from the agreed pick up point to the state drop-off point.
2.1.12 The 'licensing authority' refers to TfL who hold responsibility for licensing the operation of relevant firms.
2.1.13 'Particular requirements' relates to any requirements that you may have with respect to the gender of the driver, access to any disabled facilities or any other issue.
2.1.14 The 'passenger' relates to anyone travelling in the vehicle who is not the driver.
2.1.15 'Personal data' refers to any or all data provided by you in making a booking and this can include email addresses, physical addresses, card details and telephone numbers.
2.1.16 The 'quote' relates to the fixed price that is provided to you on booking the trip.
2.1.17 The 'terms' relate to the terms and conditions between you and the site.
2.1.18 'You' relates to the person that has provided details to the company and has made the booking.
Use of our company
3.1 Anyone wishing to make a booking through to our company will need to provide accurate details and you are responsible for any issues arising from a failure to provide accurate information.
3.2 You state that you are at least 18 years old and legally allowed to undertake the booking.
3.3 We provide no guarantee that your requirements will be fulfilled and we reserve the right to refuse any bookings. We reserve the right to cancel bookings and provide full or partial settlement to any claims you may have on the fees paid by you.
Bookings
4.1 When you provide details relating to the trip, we will aim to provide you, via this site, or over the phone with a quote that fulfils your requirement.
4.2 You are responsible for ensuring your details are correct. When making a booking, it is an offer which may or may not be accepted and your booking will not be confirmed until you receive a confirmation the company.
4.3 All bookings made are in line with on the terms and conditions of Marhaba Services..
4.4 There is no guarantee that any or all accommodations of the user will be met and if you have particular requirements, you are advised to make alternative arrangements to ensure your particular requirements are met.
4.5 The company reserves the right to alter or change any errors and this includes pricing errors. Once errors have been noted and changed, you will be informed of any error and if you wish to withdraw your offer and not go through with the booking, you have the right to do so and you will be entitled to a full refund.
4.6 For bookings where a pre-payment is made by card, the company has the right to collect all of the money due for the trip, and settle all card costs, in advance of the trip.
4.7 With respect to the fulfilment of the booking, the company holds the right to find an alternative way so as to ensure the booking is effectively fulfilled without compromising the quality and regulatory standard of the service.
Payment
5.1 When making a booking and paying by card, you agree to pay the fare at the point and time of booking. When making a booking and paying by cash, the fare is paid to the driver on behalf of the company.
5.2 Once your booking has been confirmed, the booking cannot be changed or cancelled except from accordance with Clause 7 of these supplied terms.
5.3 If you attempt to pay by card and your card payment is refused by the card issuer, your booking will not be fulfilled.
5.5 Payment does not provide cover for additional requirements that may be needed, such as a child seat, which should be requested in advance. If there is no advance warning or notification of additional luggage, resulting in the need for a larger vehicle, you may be charged extra, and this must be paid directly at this point. Any user that wishes to tip the driver will do so at their own discretion.
5.6 If you wish to deviate from the provided route which was requested during booking, you may be subjected to additional fees.
Insurance
6.1 The company isn't insured for loss or damage sustained during the journey and you are responsible to insure goods, for any loss or damage, for the trip.
Cancellation of bookings and refunds
7.1 You retain the right to cancel any bookings made via online, Email or telephone.
7.2 If you opt to cancel a booking, you must notify the company through the use of the cancellation options provided to you on by phone, email or via online web message.
7.3 When a cancellation is made up to 25 minutes from the stated pickup time, a full refund will be provided to the user. When cancellation is made less than 25 minutes prior to the stated pick up time of the booking, no refund will be provided.
7.4 If the supplier doesn't arrive at the stated pick up point within 15 minutes of the stated pick up time, or 30 minutes when the pick up point is in an airport, a full refund will be made available. However, if the vehicle arrives late and the journey is completed, no refund will be made available.
7.5 If you are not present at the stated pick up place within 15 minutes of the stated pick up time, the supplier holds the right to cancel the booking and no refund will be made available.
7.6 For any pre-paid bookings, any refunds which are processed with respect to cancellations or complaints may take up to 5 standard business days (Monday to Friday) to process.
Warranty and limitation of liability
8.1 The company holds the appropriate licences from the appropriate licencing authority and further verification can be obtained by contacting the private hire firm.
8.2 Marhaba Services shall use all reasonable endeavours to get you to your destination on time, but not be liable for any loss due to delays caused by road or traffic conditions beyond its control on the journey. Under no circumstances shall Marhaba Services be liable (in contract, tort or otherwise) for any loss of profits, business or for any indirect or consequential loss whatever. All luggage(s) are carried entirely at your risk. If you hold that you have a claim with respect to any failure of the firm, the total liability of the firm will be limited to £500.
8.3 There is nothing contained within this clause which will exclude your rights with respect to consumer legislation. There is also nothing contained within this clause will limit the liability of the company for death or personal injury related to negligence.
8.4 All stated trip times and arrival times are stated as indicative. You are responsible for arranging a suitable agreed time that ensures you will arrive in good time.
8.5 The company may keep you updated with respect to the status of your booking through the use of emails and SMS text alerts. The company makes no guarantee with respect to the timing or delivery of these messages. The company will not be liable for any indirect or consequential loss, including loss of revenue that arises from the omission or delay of email alerts or SMS texts.
8.6 The foregoing sub-clauses of this clause represent a separate and severable provision. These provisions will hold in place even withstanding the completion, termination or any other aspect which would otherwise cause the terms to be deemed ineffective.
Behaviour
9.1 The company holds all rights, within reasonable discretion, to terminate the booking or journey if the behaviour or conduct of any passenger affects the safety of passengers or the driver. No liability will be held by the company for any extra costs incurred by passengers due to the journey being terminated.
9.2 Passengers are not permitted to consume alcoholic drinks during the trip.
9.3 The company reserves the right to refuse carriage to any passenger deemed to be under the influence of drugs or alcohol.
Limitations and exclusions
10.1 The supplier will not undertake the delivery or carriage of:
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Jewellery, furs, assets, money or securities or any item holding an intrinsic value of more than £50 Any items, goods or property which are considered illegal to possess under current laws or which are of a dangerous, hazardous, inflammable, explosive or noxious nature.
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Items, property or good which could deteriorate during the journey.
10.2 The company holds no liability for any loss or damage.
10.3 With no prejudice for the provisions of clause 10.1, the company will be not directly or indirectly liable for:
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Damage, loss or breakage to any items of a fragile nature
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Consequential loss
10.4 With no prejudice for the provisions of clause 10.1 or 10.2, the company will be not directly or indirectly be liable for:
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Any act or omission by the customer
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Breakdowns, accidents or adverse weather conditions
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Any act, clause or circumstance that is beyond the control of the taxi firm which includes industrial action, labour disputes, Governmental regulations, fire, Acts of God, flooding, legal restrictions, riot, war, invasion, embargoes, acts of a foreign enemy, hostilities, acts of terrorism, rebellion, civil war, military power, usurped power or any conditions which amount to force majeure
10.5 Provision of clauses 10.1, 10.2, 10.3 and 10.4 relate to liability for damage or loss of goods or property and do not apply with respect to liability for personal injury or death.
Disputes
11.1 Any complaint about the firm should initially be raised by contacting the firm directly, by phone or email, within 24 hours of the issue taking place. It will be dealt with 72 hours.
Privacy Policy
12.1 The company will hold the confidentiality of all personal data collected during the process of the booking. This information won't be shared with third parties without agreed consent of the user. The company may make amendments to the privacy policy and any changes will be made public as soon as it is done.
Miscellaneous
13.1 These terms form the complete agreements between relevant parties.
13.2 If any party fails to enforce the right provision or claim of these terms, it will not be considered as a waiver of any provision, claim or right.
13.3 The terms and agreements are governed in accordance with English law.
