Terms & Conditions

Mornington Cars — effective from date of engagement

Contents

→ Passenger Services T&C → Delivery Services T&C → Privacy & Data

Terms & Conditions for Passenger Services

Mornington Cars 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.

Regulation 9(14) of the Private Hire Vehicles (London) (Operators' Licences) Regulations 2000 states: “The operator shall enter 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.”

Section 1: Definitions

Customer: The person or company who contracts with the Carrier for the services of the Carrier.
Cancellation on Arrival Fee: A fee charged where a Consignment or Passenger is not ready for collection (for whatever reason) by the end of the waiting time allowed by the Carrier.
Conditions: The conditions of carriage set out in this document including any alteration, variation or amendment subsequently advised to the Customer by the Carrier.
Contract: The contract of carriage between the Customer and Carrier on these Conditions, and applies to all bookings between the Customer and the Carrier.
Price List: 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: 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, but not limited to, 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.
Passenger: A person (including the Customer where applicable) who the Carrier agrees to transport from one place to another.
Service: The carriage of passengers requested by the Customer.

Section 2: Carriage of Passengers and Luggage

The principal customer/booker contracts as an agent on behalf of any and all Passengers.

2.1 – Right of Driver to Refuse Carriage

The driver is responsible for the safety of the Vehicle and its occupants. Any Passenger whose conduct the driver 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 driver or any third party's property by the Customer or any Passenger.

2.2 – Loss of Passengers' Luggage

The Passenger(s) shall always remain responsible for their Luggage & Personal Items and shall ensure that all their Luggage & Personal Items are loaded into 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 because of Luggage & Personal Items which are not loaded to or unloaded from the Vehicle.

2.3 – Passengers Taken Ill

The Customer will be responsible for the conduct of the Passenger(s) and shall pay for any loss and/or damage caused by the Passenger(s) to the Vehicle or any other property, including but not limited to cleaning costs following any spillage or soiling of the Vehicle and any loss of earnings suffered by the Carrier or any sub-contractor or employee of the Carrier due to the Vehicle being out of use during such cleaning.

2.4 – Waiting Time: General

The Passenger(s) 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 5 minutes for waiting or loading when picking up Passenger(s).

If all booked Passengers have not boarded the vehicle within 5 minutes the Carrier reserves the right to start charging the Customer for the total loading/waiting time (excluding the first 5 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 5 minutes and, in addition to any charge for loading/waiting time, may charge a termination fee in accordance with the Price List.

2.5 – Waiting Time: Airports, Seaports, and International Train Terminals

In relation to collections of Passenger(s) from Airports, Seaports, or International Train terminals the Carrier will allow 40 minutes (starting from the last estimated arrival or disembarkation time known to the Carrier for the relevant aircraft, train or ship) for waiting and loading.

If all booked Passengers have not boarded the vehicle within 40 minutes the Carrier reserves the right to start charging the Customer for the total loading/waiting time (excluding the first 40 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 40 minutes and, in addition to any charge for loading/waiting time, may charge a termination fee in accordance with the Price List.

2.6 – 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.

2.7 – Animals

The Carrier will not carry any animals other than Assistance Dogs accompanying the Passenger.

2.8 – Seat Belts / Legal Requirements / Driver's Hours

The Customer and its Passenger(s) shall not require the driver of the Vehicle to break any provisions of the Road Traffic Acts, or the rules contained in the Transport Act 1968, as amended; the AETR Agreement; or the EU Regulations (EC Reg. 561/2006, as amended) relating to driver's maximum daily hours and rest periods. The Passenger(s) shall comply with all applicable legislation and regulations including the requirement to wear seatbelts.

2.9 – Minors

The Carrier will not carry any unaccompanied children under 14 years of age.

2.10 – 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.

2.11 – 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(s) by the actual journey time (including but not limited to flight and hotel costs).

Section 3: Commencement and End of Service

3.1 – Service Commencement

The Service shall commence upon the arrival of the Vehicle for collection of the Passenger(s) at the place of collection designated by the Customer.

3.2 – Service Completion

The Service shall terminate upon delivery of the Passengers at the agreed place of delivery.

3.3 – Right to Sub-Contract

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.

Section 4: Cost of Services

4.1 – Pricing

The Carrier's charges shall be based upon the Price List, with VAT to be added if required by law. 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 in respect of the Carrier's charges must be made in writing within 7 days of the date of the Carrier's invoice.

If charges are not paid in full within 30 days from the invoice date, the Carrier shall be entitled to charge a late 10% fee on all outstanding amounts. Where the Customer is a commercial entity, interest and penalties shall be charged pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

4.2 – Cancellations

If the customer cancels their Contract with the carrier, they may be liable to pay a Cancellation on Arrival Fee where the booking is for a passenger car and that car has already been dispatched for the collection of the Passenger. This fee will be equal to the minimum charge for the tariff selected for that booking, which can be found on the Price List or requested from the Carrier.

4.3 – General Indemnity

The Customer shall indemnify the Carrier in respect of 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.

Section 5: General Information

5.1 – Equal Opportunities

Mornington Cars 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.

5.2 – 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.

5.3 – Claims

No claim shall be brought against any officer, employee, or sub-contractor of Mornington Cars.

5.4 – 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.

Terms & Conditions for Delivery Services

Section 1: Definitions

Customer: The person or company who contracts for the services of the Carrier including any other carrier who gives a Consignment to the Carrier for carriage.
Contract: The contract of carriage between the Customer and the Carrier.
Consignment: Goods, whether a single item or in bulk or contained in one parcel, package, or container or any number of separate items, parcels, packages, or containers sent at one time in one load by or for the Customer from one address to one address.
Consignee: The person or company to whom the Carrier contracts to deliver the Consignment.
Dangerous Goods: Those substances and articles the carriage of which is prohibited by the provisions of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) as applied in the United Kingdom.
In writing: Includes the transmission of information by electronic, optical, or similar means of communication, including but not limited to facsimile, electronic mail, or electronic data interchange (EDI).
Trader: The owner of the Consignment, any other person having an interest therein and anyone acting on behalf of such owner or other person, including the Customer, sender, and Consignee.

Section 2: Parties and Sub-Contracting

The Customer warrants that he is either the owner of the Consignment or is authorised by such owner to accept these Conditions on such owner's behalf.

The Carrier and any other carrier employed by the Carrier may employ the services of any other carrier for the purpose of fulfilling the Contract in whole or in part and the name of every other such carrier shall be provided to the Customer upon request.

Notwithstanding the above, the carriage of any Consignment by rail, sea, inland waterway, or air is arranged by the Carrier as agent of the Customer and shall be subject to the Conditions of the relevant carrier contracted to carry the Consignment. The Carrier shall be under no liability whatsoever in respect of such carriage.

Section 3: Dangerous Goods

Dangerous Goods must be disclosed by the Customer and if the Carrier agrees to accept them for carriage they must be classified, packed, marked, labelled, and documented in accordance with the statutory regulations for the carriage by road of the substance declared.

Section 4: Cancellations

If the customer cancels their contract with the carrier, they may be liable to pay a Cancellation on Arrival Fee where a vehicle has already been dispatched for the collection of the goods. This fee will be equal to the minimum charge for the tariff selected for that booking.

Section 5: Loading and Unloading

The Carrier shall not be under any obligation to provide any plant, power, or labour, other than that carried by the vehicle, required for loading or unloading the Consignment. The Customer warrants that any such requirements will be provided by the Customer or on the Customer's behalf.

The Carrier shall not be required to provide service beyond the usual place of collection or delivery but if any such service is given by the Carrier it shall be at the sole risk of the Customer.

Section 6: Signed Reports

The Carrier shall, if so required, sign a document or electronic record prepared by the sender acknowledging the receipt of the Consignment but the burden of proving the condition of the Consignment and its nature, quantity, or weight at the time of collection shall rest with the Customer.

Section 7: Transit

Transit shall commence when the Carrier takes possession of the Consignment whether at the point of collection or at the Carrier's premises. Transit shall end when the Consignment is tendered at the usual place of delivery at the Consignee's address within the customary cartage hours of the district.

Section 8: Undelivered or Unclaimed Consignments

Where the Carrier is unable for any reason to deliver a Consignment to the Consignee, the Carrier may sell the Consignment and payment of the proceeds after deduction of all proper charges and expenses shall discharge the Carrier from all liability in respect of such Consignment.

The Carrier shall do what is reasonable to obtain the value of the Consignment and shall not exercise the power of sale where the name and address of the sender or Consignee is known without first giving reasonable notice that the Consignment will be sold.

Section 9: Carrier's Charges

The Carrier's charges shall be payable by the Customer without prejudice to the Carrier's rights against the Consignee or any other person. Charges shall be payable when due without reduction or deferment on account of any claim, counterclaim or set-off.

If the Customer becomes insolvent or any sums owed become overdue, any credit terms shall be cancelled with immediate effect and all invoices shall immediately become payable. The Late Payment of Commercial Debts (Interest) Act 1998 shall apply to all sums due from the Customer.

Section 10: Limitations and Exclusions

Mornington Cars shall not undertake the carriage or delivery of:

Monies or securities (cash, cheques, bonds, share certificates or any other form), antiques, precious metals, furs, or jewellery of whatever amount or value.
Any goods or property of an intrinsic value of more than £100.
Any goods or property of a hazardous, dangerous, inflammable, explosive or noxious nature, or illegal to possess under English Law.
Any goods or property which may deteriorate in transit — unless a Director of the Company has expressly agreed in writing to carry and deliver the same.

The Company shall not in any event be liable for: consequential loss (whether for loss of profit or otherwise); loss, damage and/or breakage to China, glass, ceramics or other breakables howsoever caused.

The liability of the Company for each delivery or courier service shall in any event be limited to the lesser of: £150 or the intrinsic value of the goods comprised in such delivery.

These provisions apply to liability for loss or damage to goods or property and do not apply to liability for death or personal injury.

Section 11: Fraud

The Carrier shall not in any circumstances be liable in respect of a Consignment where there has been fraud on the part of the Customer or the owner, or the servants or agents of either, in respect of that Consignment, unless the fraud has been contributed to by the complicity of the Carrier.

Section 12: Time for Claims

The Carrier shall not be liable for:

Damage to or physical loss, mis-delivery or non-delivery of part of the Consignment unless advised in writing within seven days, and the claim is made in writing within fourteen days, after the termination of transit.
Any other loss unless advised in writing within twenty-eight days, and the claim is made in writing within forty-two days, after the commencement of transit.

Section 13: Law and Jurisdiction

Unless otherwise agreed in writing, the Contract and any dispute arising thereunder shall be governed by English law and shall be subject to the jurisdiction of the English courts alone.

Section 14: Account Customers

These terms and conditions shall apply to the provision of any and all carriage, courier or delivery services undertaken by Mornington Cars for the Customer. A 10% service/admin charge will be added to all invoices or a fixed price per service provided for account customers.

Section 15: Payment for Services

Invoices shall be paid in full within 30 days of issue. Should any invoice not be paid within 30 days, all outstanding invoices shall immediately become due and payable. A 10% late payment charge will apply to any overdue invoice.

The Customer shall not be entitled to withhold payment of monies due to Mornington Cars even where the Customer is in dispute with the Company or claims money or compensation in respect of the Services.

Privacy & Data Policy

Mornington Cars takes your privacy seriously. We collect and process personal data only as necessary to fulfil your booking and provide our services. We do not share your data with third parties for marketing purposes. For full details of how we handle your data under UK GDPR and the Data Protection Act 2018, please contact us at Info@morningtoncars.com.