1. DEFINITIONS
1.1. In these Terms and Conditions the following expressions shall have the following meanings save where the context otherwise requires:
1.1.1. "Agreed Pick-Up Point" the appointed place for You to be picked up by Supplier as set out in the Details.
1.1.2. "Agreed Time" the appointed date and time for You to be picked up by the Supplier as set out in the Details.
1.1.3. "Booking" the booking of a Minicab effected via this Website for undertaking Trips. Bookings can be made for single Trips, return Trips or split Trips.
1.1.4. "Supplier" the Private Hire Operator, Minibus or Coach company with whom You place the Booking.
1.1.5. "Suppliers T&C" the terms and conditions of the Supplier which in addition to these Terms govern the Booking and (Trip).
1.1.6. "Card" the credit, debit or charge card You use when making the Booking.
1.1.7. "Cash" the payment You make for the Fare to the Supplier and/or its driver.
1.1.8. "Bacs" the payment you make via a bank transfer for the Fare to the Supplier and/or its driver.
1.1.9. "Card Costs" are the charges due to the credit card companies used by You to pay for the Trip
1.1.10. "Details" the details which You must provide upon making a Booking including pick-up date and time, pick-up and drop-off addresses and Your Personal Data.
1.1.11. "Fare" the fee paid by You for the Quote You accept.
1.1.12. "Goods" any goods carried in a vehicle which are booked via this Website.
1.1.13. "Trip" the journey You wish to make from the pick-up address to the drop-off address provided by You.
1.1.14. "Licensing Authority" any regional or national licensing authority responsible for licensing the operation of taxi, minicab, minibus or coach companies.
1.1.15. "Particular Requirements" any specific requirements You may have relating to disabled facilities, the gender of the driver or otherwise.
1.1.16. "Passenger" any passenger carried in a Minicab which is booked via this Website.
1.1.17. "Personal Data" the details which You provide regarding Your physical and email addresses, telephone number and Card details.
1.1.18. "Quote" a fixed price quote that You receive via the Website for the Trip.
1.1.19. "Terms" these terms and conditions between Trip and You.
1.1.20. "You" means the person who enters Details.
1.1.21. "Minicab" is a Private Hire Vehicle made available for pre-booked Trips, in compliance with the requirements of relevant Licensing Authorities.
1.1.22. The clause headings and any other headings are inserted for convenience only and shall not affect the construction of these Terms.
2. GENERAL
2.1. If You book a taxi, minicab, minibus or coach via this website, You agree to the terms below as the exclusive basis which governs such booking by ticking the "I agree to Trip's Terms and Conditions". If you are booking on behalf of someone else, by clicking "I agree to Trip's Terms & Conditions", You are representing that You have their authority to accept these terms and conditions on their behalf.
2.2. Deviations from these Terms are only valid if and to the extent that these are confirmed explicitly and in writing by Trip.
2.3. Should any provision of these Terms be pronounced invalid or in violation of public order or law by the competent judge, then only the provision in question will be void, but the rest of these Terms will remain fully in effect. In stead of the invalid provision, a provision will apply that best approached the intention of the parties.
2.4. Trip shall act as an agent on Supplier’s behalf in establishing a contract between YOU and the Supplier. Trip will never become a party to a contract for the provision of transport service by Supplier to You. The contract for the provision of the transport service is directly between You and Supplier. The Services shall only be offered in the name and for the account of the Supplier at the prices and the conditions fixed by the Supplier.
2.5. Where in the Booking You have selected more that one Supplier to provide Your Trips, then the contract for the provision of the transport service relating to each Trip is directly between You and the respective Supplier You have selected for that Trip in the Booking.
3. USE OF WEBSITE
3.1. In making a Booking via this Website You must provide accurate Details and are responsible for any failure to do so.
3.2. You hereby warrant to Trip and the Supplier that You are at least eighteen years of age and legally able to make the Booking.
3.3. Trip does not guarantee that it will be able to fulfil Your requirements and reserves the rights to refuse any Bookings which You wish to make and to cancel any Bookings You have made, and in such case to refund to You, in full and final settlement of any claims you might have, the Fee paid by You.
3.4. Your Details and data relating to Your use of the Website will be recorded by Trip but Your Personal Data shall not, subject to the provisions of the Trip Privacy Policy presented below and Clause 3.5 below, be disclosed to third parties other than the Supplier or used for any purpose unrelated to the provision of the services pursuant hereto.
3.5. Trip may send a small file to Your computer when You visit the Website. This "cookie" will enable Trip to track Your behaviour on the Website and to identify particular areas of interest so as to enhance Your future visits to the Website. The cookie will not enable Trip to identify You and Trip shall not use it otherwise than in relation to this Website. You can set Your computer browser to reject cookies but this may preclude use of certain parts of this Website. Trip may disclose Your Personal Data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.
4. BOOKINGS
4.1. When You enter the details of the Trip, Trip will endeavour to provide You via the Website with Quotes from suppliers that are able to fulfil Your requirement. The Quotes are the current special "one off" offers available from suppliers, which are only available at the time of making Your Booking.
4.2. It is Your responsibility to ensure that Your Details and Trip are correct and accurate by providing, but not limited to; selecting a vehicle suitable for your luggage requirements, a valid postcode which also does not commit a traffic violation, correct date and time for the journeys to take place, correct customer name, correct and valid email address, correct and valid telephone number. If the Trip details are inaccurate and an invalid or no postcode or a postcode which causes a traffic violation is provided or an; incorrect; date, time, customer name, email address, telephone number provided you may incur additional charges and may not be due a refund, See 7.10. When You make a Booking, this constitutes an offer which Taxicode may or may not accept.
4.3. In the event, you need to amend or correct a booking you most contact Trip directly. A £10 administration fee will be charged on all booking amendments. If there is a price increase caused by any change you request to the Services that you have booked, you will be required to pay the difference in the price between the services originally booked by you, and the price of the new services you have requested. If there is a price decrease caused by any change you request to the Services that you have booked, you will be refunded the difference in the price between the services originally booked by you, and the price of the new services you have requested minus the £10 admin charge. This charge will be applied to your original payment method.
4.4. Any Booking You make may also be subject to the Supplier T&C, although where there is any conflict between the Supplier T&C and the Terms, the provisions contained in the Terms override those in the Supplier T&C.
4.5. If the Supplier wishes to impose the Supplier T&C on You, it shall be responsible for achieving this.
4.6. Trip cannot confirm the ability of the Supplier to accommodate any Particular Requirements and in the event that You have such Particular Requirements You should not use this Website but instead make alternative travel arrangements that address your Particular Requirements.
4.7. Trip reserves the right to correct typographical errors in any elements of the information that appears on the Website including pricing mistakes. If, once You are informed of such error, You wish to withdraw Your offer and do not wish to proceed with the purchase, You shall be free to do so and any monies already paid by You will be refunded in full.
4.8. You agree that in the fulfilment of the Booking, where the Supplier feels it is appropriate, the Supplier gives Trip the right to novate the contract for the provision of transport services between You and the Supplier to another suitable party, to ensure the fulfilment of the Booking as effected via this Website.
4.9. Trip reserves the right to change the type of vehicle you have booked, to ensure the fulfilment of the Booking. With large vehicles subject to availability, in the event the Supplier is no longer able to provide their vehicle, Trip will endeavour to ensure You are offered alternatives of a similar type and class.
4.10 Trip reserves the right to use third party companies such as Uber, Gett and Karhoo to ensure the fulfilment of the Booking, in the case that the original Supplier is unable to fulfil the Booking. For avoidance of doubt, You certify and agree to receive SMS messages from Uber, Gett and Karhoo regarding any trip and You give consent to Uber, Gett and Karhoo to share the rider's information, including trip status, with Trip. Protected by reCAPTCHA.
5. PAYMENT
5.1. When booking with the ‘Pay by Card’ option, You agree to pay the Fare at the time You make Your Booking. Trip is entitled to collect all monies due for the booked Trip from You acting entirely and settle all Card Costs of the booked Trip on behalf of the Supplier, in advance of making the payment due to the Supplier for the booked Trip as the Supplier’s agent.
5.2.When paying by Card you agree to Trip using an authorisation token on your Card to allow us to charge your Card in event of any amendments to your Booking. Trip will not store any of your Card details. In the event that Your Card payment is refused by Your Card issuer for whatever reason, Trip will not be able to fulfil Your Booking.
5.3. When booking with the ‘Pay by Cash’ option, You agree to pay the Fare to the Supplier’s driver. When booking with the ‘BACS’ option, You agree to pay the Fare to the Supplier’s bank account. When booking with the ‘Credit Balance’ option, You agree to pay the Fare to Trip's nominated bank account.
5.4. Once You have confirmed Your Booking on the payment screen, it cannot be cancelled or changed except in accordance with clause 7 of these Terms.
5.4. If paying by Card, in the event that Your Card payment is refused by Your Card issuer for whatever reason, Trip will not be able to fulfil Your Booking.
5.5. Trip will provide You with a receipt for Payment by email to the email address you registered with the Booking.
5.6. Payment will not cover any extra requirements you request, such as child seats. If you do not indicate any additional luggage when booking, resulting in a larger size vehicle being required, then the Supplier may charge you extra, which you must pay them directly for. If You wish to give a tip to the MiniCab driver, You should do so directly at your own discretion.
5.7. In the event that You make any deviations from the route that You entered into the Website, You may be subject to additional charges by the Supplier in respect thereof and will make such payment directly to the Supplier.
5.8. Trip offer no warranties on payments made direct to the Supplier with Cash or Bacs.
6. INSURANCE
6.1. Neither Trip nor the Supplier is responsible to You for, or insured in respect of, any damage or loss that may be sustained by the Goods in the course of a Trip and it is Your exclusive responsibility to have such Goods insured in respect of such damage or loss.
7. CANCELLATION OF BOOKINGS AND REFUNDS
7.1. Cancellations must be made by you using our website. You will be entitled to a refund, depending on when you cancel your Booking, as follows: (i) If you cancel your booking more than 30 days prior to the Journey date in your Booking, you will be entitled to a refund equivalent to 55% of the value of your booking. (ii) If you cancel your booking between 11 days to 30 days prior to the Journey date in your Booking, you will be entitled to a refund equivalent to 25% of the value of your booking. (iii) If you cancel your booking between 2 days to 10 days prior to the Journey date in your Booking, you will be entitled to a refund equivalent to 10% of the value of your booking. (iii) If you cancel your booking on the same day or the day before to the Journey date in your Booking, you will not be entitled to any refund. In the event you cancel your booking directly with the transport provider, we will email you asking you to confirm your cancellation. You will need to confirm your cancellation using the links sent to you in the email.
7.2. Customer(s) who paid a deposit will be refunded or charged depending on the amount due as per condition 7.1.
7.3. At Trip's discretion, a cancellation charge may be refunded on the basis that You rebook within 24 (Twenty Four) hours, minus a £15 (Fifteen Pounds) administration charge. Only once the Journey is rebooked, the refund can be processed. However, Trip reserves the right to refuse a cancellation refund at any time.
7.4. In the event that the Supplier does not turn up at the Agreed Pick-Up Point within 15 minutes of the Agreed Time - or within 30 minutes if the Agreed Pick-up Point is an airport - and You do not use the Supplier for the Trip, You will be entitled to a full refund of the Fare, along with any Card Costs, if you paid them in advance by Card, as full and final settlement of any claim You might have in respect of such failure. However should You, at Your own discretion, decide to continue with the Trip where the Supplier turns up after 15 minutes from the Agreed time, then you will not be entitled to any such refund.
7.5. In the event that You are not available at the Agreed Pick-Up Point within 15 minutes of the Agreed Time, it will be at the Supplier’s discretion to treat Your non-availability as a cancellation, and You will not be entitled to any refund of the Fare , and any Card Costs that you may have paid in advance. Where the Supplier decides to wait more than 15 minutes from the Agreed Time, then You may be subject to additional charges by the Supplier in respect of any additional waiting time and/or parking charges and will make such payment directly to the Supplier.
7.6. In the event that you do not wish to use the Services for any reason and do not cancel the Booking using the website or by contacting Trip.com, no refunds will be provided.
7.7. In the event that you wish to cancel a return leg of your journey, you will not be entitled to any refund.
7.8. For pre-paid Bookings, any refunds due to you to for cancellations or complaints will be made to the card used to make the payment within up to 5 business days (business days being Monday to Friday).
7.9. Customers with credit accounts or account balances will be exempt from cancellation charges.
7.10. In the event of a Booking cancellation or no show by a Supplier, you must contact Trip within 7 days to issue your refund.
7.11. In the event that You provide inaccurate details including but not limited to an invalid or missing; postcode, postcode causing traffic violation, customer name, email address, telephone number, you will not be entitled any refund and may incur additional charges from the Supplier in order to complete the Trip.
8. WARRANTY AND LIMITATION OF LIABILITY
8.1. You acknowledge and accept that Trip is acting as the agent of the Supplier and that whilst Trip will try to assist with any complaints You may have in respect of the Supplier’s services, any legal remedy You seek will be sought against the Supplier not Trip.
8.2. The Supplier has warranted to Trip that it is licensed by the appropriate Licensing Authority(ies) but Trip shall not be responsible for verification of such warranty and if You are in any doubt, You should contact the Private Hire Operator and rely on Your own verification.
8.3. Trip shall not be liable for any delays in pick-up or drop-off times or for any failure of the Supplier to arrive at all or for any failure of the Supplier to provide its services in accordance with Your requirements or expectations.
8.4. Trip shall not in any event be liable (whether in contract or otherwise) for any indirect loss or consequential loss or loss of revenue, howsoever arising, suffered by You in connection with any failure by the Supplier or otherwise in connection with these Terms or otherwise and if You consider that You have any claim in respect of any failure by the Supplier You agree to make such claim directly against the Supplier.
8.5. Trip's aggregate liability in respect of these Terms and any matter arising out of it (including claims whether made in contract or tort) shall be limited to £500.
8.6. Subject as expressly provided in these Terms all warranties, conditions or other terms implied by statute or common law are excluded as far as legally possible.
8.7. Nothing in this clause shall operate so as to exclude any rights You may have under consumer legislation or limit the Supplier's liability for death or personal injury arising out of its negligence.
8.8. Any estimated trip times and times of arrival presented by Trip on its Public website or otherwise, are only to be taken as indicative, and are not subject to traffic and/or weather conditions and final route taken by driver. Therefore, You agree that You are responsible for setting an appropriate Agreed Time that allows You sufficient time to reach Your destination to subsequently check-in for a flight, take a train or fulfil any other dependencies You might have.
8.9. Trip may keep You informed of the status of your Booking by sending You email, and SMS text alerts, although Trip does not guarantee the delivery nor the timing of these email and SMS text alerts, and shall not in any event be liable (whether in contract or otherwise) for any indirect loss or consequential loss or loss of revenue, howsoever arising from the omission or delay of such email and SMS text alerts.
8.10. Each foregoing sub-clause of this clause shall constitute a separate and severable provision. The provisions of this clause shall continue in effect notwithstanding the termination, completion or any other matter which might otherwise cause these Terms to become ineffective.
9. BEHAVIOUR
9.1. The Supplier reserves the right within its reasonable discretion to terminate the Trip, if You or Your party's conduct or behaviour is disruptive in any way and/or affects your safety or that of the driver of the vehicle. Neither Trip nor the Supplier accepts liability for any extra costs incurred by You/or Your party as a result of the Supplier doing so.
9.2. Passengers are not permitted to take alcoholic drinks onto the vehicles for the purpose of consuming them during the Trip.
9.3. The Supplier further reserves the right to refuse carriage to any person who is thought to be under the influence of alcohol or drugs.
10. LIMITATIONS AND EXCLUSIONS
10.1. The Supplier shall not undertake the carriage or delivery of:
money or securities, antiques, precious metals, furs, or jewellery or value, any goods or property (of whatsoever nature) of an intrinsic value of more than £50.
any goods or property of a hazardous, dangerous, inflammable, explosive or noxious nature, or are illegal to possess under existing English Law, and/or
any goods or property (of whatsoever nature) which may deteriorate in transit.
10.2. The Supplier shall have no liability whatsoever for loss or damage, however arising in relation to the clause 10.1 of this agreement.
10.3. Without prejudice to the provisions of clause 10.1 the Supplier shall not in any event be liable directly or indirectly for:
consequential loss (whether for loss or profit or otherwise); and/or
loss, damage and/or breakage to any fragile items whatsoever whether arising from the acts, omissions or negligence of the Supplier and/or its employees and/or agents or arising otherwise howsoever.
10.4. Without prejudice to the generality of clauses 10.1 and 10.2 in particular the Supplier shall not be liable for any loss and/or damage arising directly or indirectly from:
breakdown, accident, adverse weather conditions
any act or omission on the part of the Customer.
any clause, act or circumstance beyond the control of the Supplier (including, without limitation, any strike, (official or not) lock-out or other form of industrial action or labour dispute, governmental regulations, legal restrictions, embargoes, fire, flood, Act of God, any consequence of riot, war, invasion, act of foreign enemy, hostilities (whether war be declared or not) civil war, acts of terrorism, rebellion, military or usurped power, confiscation, requisition or destruction of or damage to property by or upon the order of or in the name of any Government or public local authority, or other conditions amounting to force majeure).
10.5. The provision of clauses 10.1, 10.2, 10.3, 10.4 and 11.1 apply to liability for loss or damage to goods or property and do not apply to liability for death or personal injury.
10.6 - By using the website you agree that use of the site is non-exclusive.
10.7 - Every time a booking is generated, you agree at the date and time of the booking, that the terms & Conditions take precedence over any previous agreements or your own terms and conditions.
11. DISPUTES
11.1. If You have any complaint in respect of the service provided by the Supplier, You agree to first contact the Supplier directly (by the phone or email) to resolve this with them within 24 hours of the Agreed Time.
11.2. If you are subsequently unable to resolve your complaint with the Supplier, you agree to notify Trip thereof via the form on the Contact Us page or by email to help@Trip.com within 72 hours of the Agreed Time. In the event that You fail to do so, any claim You might otherwise have shall be invalidated.
11.3. If Trip is then unable to resolve any claim You may have in respect of the service provided by the Supplier to the mutual satisfaction of You and the Supplier, Trip shall be entitled to submit such claim to the determination of an independent third party selected by Trip and You agree to be bound by the decision of such third party.
12. PRIVACY POLICY
12.1. Trip will maintain the confidentiality of Personal Data collected as part of making a Booking. This data will not be shared with third parties without Your consent. Trip may amend this Privacy Policy, and will make such changes public via the Website.
13. MISCELLANEOUS
13.1. You warrant that You have not relied on any representation made by Trip in entering into the agreement with the Supplier.
13.2. Failure by either party at any time to enforce any right claim or provision of these Terms or arising hereunder shall not be construed as a waiver of such right, claim or provision.
13.3. All notices to Trip shall be given by You in writing to help@Trip.com
13.4. All notices to You shall be given in writing to the email address You have provided as part of the Details. All notices may be served by email and shall be deemed to have been given 1 hour after transmission thereof.
13.5. European law applies to all transactions for which these Terms apply, with the exclusion of the provisions of international treaties, to the extent these do not contain imperative law.