This Agreement is made on the date of first contact with the Company for using the Company services through its booking procedure by the Passenger.BETWEEN:
OM CARS LTD, Private Limited Company Registered No 14269182 in England and Wales, actively trading as minicab Operator licensed under the Private Hire Vehicles (London) Act 1998 and regulated by Transport for London (TFL) from its registered address Suite no. 216, Peel House 34 - 44 London Road ,Morden ,SM4 5BT (the “Company” – we / our / us)AND
The customer(s), Passenger(s), or their agents are the party two in this contract (the “Passenger”)
2.1- Booking Service : the services of booking a job or task of transportation of Passengers and luggage or Passengers or luggage or parcel through the principal contractor by its own means of communication, through its agents, business partners, sub-contractors, and business providers or third-party contractors. A booking made by you can only be accepted by a person that holds a relevant operator’s licence
2.2- Contract : This contract, i.e., ‘Passenger Booking and Transportation Service Contract’. The terms Contract, and Agreement have the same meanings for the purposes of this contract.
2.3- Passenger : includes Customers, their booking agents, persons, or helpers assisting them or acting on their behalf for booking and transportation services of the Company. The words and terms of client(s), customers and Passenger(s) have same meanings for the purposes of this contract. The additional nouns and pronouns used in the contract for customers, Passengers, and clients can be You, Your, Yours, He, His, Him, She, Her, Hers, They, Their and Them.
2.4- Meeting Point : The Company’s designated point of meeting for the driver and the Passenger at any of the terminals of the London Airports for Terminal Pick Up, Railway or Underground Station/Bus Station and/or Sea Port Pick Up.
2.5- No Show : the driver has arrived at the designated time and pick up meeting point, but the Passengers failed to contact, appear, approach, and meet the driver within the waiting time at the agreed pick-up meeting point.
2.6- PHV : private hire vehicle – a vehicle licensed by the TFL or any other PHV licence regulator out of London area to carry Passengers including but not limited to Passengers and luggage or Passengers or luggage or parcel with pre-booking through a controller or PHV operator.
2.7- Regulator : Transport for London (TFL) – the regulator of the Company for its PCO operating business.
2.8- Transportation Provider : the principal contractor providing transportation following a booking. The principal contractor can provide its own vehicle and driver, or a third-party vehicle and driver to act as the transportation provider
2.9- Transportation Service : the services of the Company of transporting pre-booked Passengers and luggage jobs.
2.10- The Company : OM CARS LTD, Private Limited Company Registered No 14269182 Suite no. 216, Peel House 34 - 44 London Road, Morden, SM4 5BT
These terms shall be ruled by and construed in accordance with English Law and therefore the parties conform to the exclusive jurisdiction of the United Kingdom.
5.1 Booking constitutes with OM CARS LTD an offer by you (passenger) to purchase Services in accordance with these Terms. A Booking shall only be deemed to be accepted by us when we send confirmation of the Booking via email, 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 Passenger Services. Each Booking constitutes a Contract between OM CARS LTD (as principal), the Passenger.
5.2 OM CARS LTD a licensed Private Hire operator is responsible for all bookings. Any matters related to bookings should be dealt directly with OM CARS LTD.
5.3 Bookings can only be accepted and cancelled by OM CARS LTD.
6.1 The Company (OM CARS LTD) is party one in this contract.
6.2 Under the provisions of the Private Hire Vehicles (London) Act 1998, OM CARS LTD (the Company), as a licensed minicab operator in London regulated by Traffic For London (TFL), has an obligation to Passengers to carry out bookings and is the first and principal contractor for the purposes of this contract.
6.3 The Company pledges to enter in a contract with the Passengers or their agents acting on their behalf who request the Company’s booking and transportation services as the acceptance of a booking by the Minicab operator/controller/the Company creates a contract between the minicab operator and the Passenger(s).
6.4 It is a legally binding contract by which the minicab operator undertakes any obligation as principal to provide a vehicle and driver to carry the Passenger to the agreed destination and the Passenger(s) agrees to the contract terms and conditions to avail of the booking and transportation service.
6.5 Equality, Diversity, and Inclusivity: The Company is committed to provide services in accordance with the Equality Act 2010 and strictly follows equality, diversity, and inclusivity for all nationalities, races, religions, cultures, complexions, languages, and genders. The Company strictly follows zero tolerance policy for racism and discrimination on the basis of religion, nationality, complexion, culture, language, gender, or any other basis provided by the statutes
7.1 Passenger Request Passengers and/or their agents can request on the phone, by email, webchat, or any other applicable means of communication at the time of their request, to the Company to provide booking and transportation services as advertised and offered by the Company for their personal and non-commercial use subject to the contractual terms and conditions with their statutory rights of cancellation and withdrawal from the commitment and agreement following the terms and conditions and cancellation procedures set out in this agreement.
7.2 License: Agreeing to the contractual terms and conditions, the Company grants the Passenger or the agent acting for the Passenger a limited, non-exclusive, non-assignable, revocable and non.sublicensable license, subject to compliance of the terms and conditions of this Contract, to access and use the application, website or any other available platform to request a booking for transportation service through personal devices like mobile phones, tablets, laptops, computers, phones, webchat or any other means of communication for reading advertisement content, information and related promotional and business materials for booking and transportation services, providing their personal information and booking their required services to avail of the subsequent transportation services. The license confirms that any rights not expressly granted herein are reserved by the Company exclusively.
7.3 Ownership Rights: The Company’s booking and transportation services, content, facilities, and rights of use, modification, alteration, revocation, suspension of services and any or all related rights therein are and shall remain the Company’s property. Neither these terms of contract nor your use of the Company’s services allows or grants you any rights in or related to the Company’s services except for the limited license to use granted above or to practise or reference in any manner whatsoever the Company’s name, logo, products, trademark, service names and titles, service marks, or services.
7.4 Equality, Diversity, and Inclusivity:Contract Transfer Rights: This contract is non-transferable. You cannot transfer or assign the contract in whole or in part to anyone else other than you without the prior written permission of the Company.
8.1 Entering into a contract:
8.2 Termination of a Contract: The termination of a contract shall be without prejudice to any rights and/or obligations of the Company and/or the Passenger accruing prior to the date of such termination.
9.1 User Accounts and Guest Users:
9.2 User Requirements and Conduct:
9.3. Promotional messaging:
By creating a user account and/or giving an explicit consent, Passengers agree that the Company may send service or promotional text messages as part of the normal business operations of their use of the services. Customers have the right to opt out of the messaging services at any time by informing or following the instructions to unsubscribe text messaging; however, customers accept that opting out of the text (SMS) messaging service may affect your use of the service.
9.4. Promotional Codes, Offers and Discounts:
9.4.1 The Company in its sole discretion has the right to create and offer promotional codes and discounts to its Passengers through their user accounts or otherwise which may be redeemable for account credit or other service feature benefits related to the Company’s booking and transportation services or third-party provider services subject to any additional terms specified with the promotional activity.
9.4.2 Passengers using promotional codes, offers and discounts agree that promotional codes, offers and discounts:
10.Contract Terms and conditions:
10.3. The Company reserves the right to modify, correct or amend these terms, policies, and notices.
10.4. The notice of amendments and changes to those terms, policies and notices shall be announced on the Company website
10.5. Notice of Information or Cancellation: The parties have the right to give notice by any applicable means of communication like email, phone, text message, webchat and by post. The notice can be related to intimation, information, or cancellation.
11.Booking and Transportation Services:
11.1. The Company offers both booking and transportation services from one platform to another.
11.2. The Company accepts and provides bookings and transportation services pursuant to and for the purposes of the UK applicable legislation at and from its registered address and operating centres online subject to all statutory and regulatory obligations, liabilities, and rights for that activity.
11.3. The provisions of booking and transportation services by the Company include:
The Company provides the services on the basis of “As Is” and “As Available” subject to all natural, unexpected, weather-focused, related to roadworks, and any temporary or permanent change in road traffic plans issued by the local councils, boroughs, districts, city and greater London, regional or central governments, and / or traffic jams and blockades. The Company disclaims all representations and warranties, express, implied and/or statutory, not expressly and explicitly present in these terms, including the implied warranties and merchantability, fitness for a distinct purpose and noninfringement. In addition, the Company makes no representation, warranty, or guarantee of the reliability, timeliness, quality, suitability, or availability of the services requested through the booking and use of services or that the services will be uninterrupted or error free. The Company does not guarantee the quality, suitability, safety, or ability of the any or all third-party providers, drivers, agents, business, and service providers. You approve, decide, and agree that the entire risk arising out of the request and use of the services in connection therewith, rests exclusively with you, to the full extent permitted under the applicable law.
13. Limitation of Liability
13.1. The Company shall not be liable for any direct or indirect loss, damage or liability arising out of:
13.2. Passengers may book and use, request and reschedule, any or all services provided by the Company subject to terms and conditions, but you agree that the Company has no liability or responsibility to you and your luggage, parcel, goods, and logistical coordination related to any booking and transportation services provided by the third-party providers other than expressly stated in these terms
13.3. The limitations and disclaimer do not purport to limit or change your statutory rights as a consumer that cannot be excluded under applicable laws.
13.4. The Company will not be liable, to the maximum degree permitted by the applicable laws, to the customers in any way, whether such a liability arises in contract by way of breach, indemnity or otherwise, tort including negligence, misrepresentation, breach of statutory duty, restitution or otherwise, for any theft, or loss of customer’s or any person’s property related to the booking and transportation services accepted by the Company.
13.5. The Company will not be held liable for any unintended, ancillary, subsidiary, distinct, typical, consequential or punitive damages, including but not limited to lost profits, lost data, personal injury, material and/or property damage related to, in connection with, or otherwise resulting from any use of the services, even if the Company has been instructed of the likelihood of such damages
13.6. The Company shall make reasonable endeavours to provide a Passenger Vehicle which is in good working order and of the type specified by the Customer (and in the event that such a vehicle is not available a reasonable alternative vehicle) within any time for so doing given by us or within a reasonable time.
13.7. The Company will not be liable for:
Customers, Passengers and / or their agents agree to indemnify and consider the Company, its director(s), controllers, operators, managers, officers, employees, workers, and agents harmless from any and all claims, demands, losses, liabilities and expenses including the legal advice and legal representative’s fees arising out of or in connection with Passenger Booking and Transportation Service , breach or violation of terms and provisions of this contract and or other terms, agreements and contracts mentioned in this contract, and agreed by the party and breach and/or violation of any third party rights including the third parties.
15.1. The Company offers booking of a transportation of Passengers, or Passengers and luggage or parcels from one pickup point to another drop off destination with or without multiple purposeful stops of additional pickups and drop offs on the way to the final destination as part of the journey.
15.2. bookings can be made on the phone, by the email or webchat on the Company website, or any other means of communication applicable at the time of bookings.
15.3. Company uses the technology platforms to offer and accept bookings directly from its own booking sources and platforms as well as accepts bookings through its business partners, agents, business providers and third parties. The technology includes but not limited to mobile phone and tablet applications, website, social media sites like Facebook, twitter, Instagram and WhatsApp to pre.book and schedule transportation, logistics, delivery, and/or vendor services (like pick and drop of food parcels, document parcels, etc) with the Company’s own transportation service as well as independent third-party providers of such services, including independent third-party transportation providers.
15.4. The Company, unless otherwise agreed by the Company in a separate written agreement with you, offers the booking services solely for your personal and non-commercial use.
15.6. Verifications for Fraud Prevention:
Any bookings confirmed with credit / debit card details are subject to verification and Passengers may be asked to provide ID with the credit/debit card used for the booking.
16.1. The standard VAT rate for goods and services in the UK is 20% since 4 January 2011. VAT applies to the Company’s commission on the certain booking.
16.2. Company’s Right to Vary Prices:
16.3. Additional Charges:
16.4. Special Fares:
As a matter of Company policy, prices will increase by 50% to the normal standard prices from 25th December 00:01 to 26th December 23:59 and from 31 December 00:01 to 1 January 23:59, in any year due to shortage of available for work drivers during festive season periods and the Company accepts only “prepaid transfers/bookings” for the above-mentioned festive days to secure the bookings.
17.1. The customers acknowledge that the use of the Company booking, and transportation services are paid services
17.2. The Company collects the direct payments from the customers or their agents to pledge for the provision of its services.
17.3. The Company reserves the right to alter or modify the price before or after taking payment for a particular service.
17.4. All charges will be inclusive of applicable taxes where it is so required by the law.
17.5. Charges paid by you are final and non-refundable, unless otherwise established by the Company subject to the terms and conditions of this contract and applicable laws.
17.6. You retain the right to request for a refund if it is applicable by the terms and conditions of this contract.
17.7. All charges are due without delay and payment will be expedited as soon as practicable by the Company using the selected payment method authorized in your user account or otherwise, and the Company will deliver you a receipt by email.
17.8. If your principal account payment method is defined to be expired, invalid or otherwise not able to be charged, you agree that the Company may use a secondary payment method in your account, if available, or may contact you with invoice to pay immediately as soon as possible.
17.9. The Company will make reasonable efforts to inform you of charges that may apply, provided that you will be responsible for charges incurred under your user account regardless of your awareness of such charges or the amounts thereof.
17.10. You understand and agree that, while you are free to provide additional payment as a gratuity to any driver or third-party provider, you are under no obligation to do so. Gratuities are voluntary.
17.11. After you have received and used services, you will have the opportunity to rate your service experience and leave feedback.
17.12. Payment to Drivers: Payment to the driver by card will be with a 5% additional surcharge. There is no surcharge on paying by cash to the driver.
17.13. Prepay in advance by Credit/Debit Card online by payment link. There is no surcharge paying in advance by Credit/Debit Card.
18.1. The Company offers a variety of transportation services for Passengers and luggage for their personal and non-commercial use through its own fleet of variety of standard and luxury cars and vehicles driven by its own employee drivers, worker drivers, self-employed drivers as well as third party contractors providing transportation services to the Company’s customers on behalf of the Company.
18.2. The Passengers can demand a particular vehicle to cater their needs subject to availability and prices of the Company.
18.3. The Company decides and provides the suitable vehicle and driver details to the Passengers to carry out the pre-booked transportation job subject to number of Passengers, details and volume of the luggage and any other specifications provided in the additional information of the booking
18.4. The Company reserves the exclusive right to change the vehicle and driver as a matter of internal procedure of allocation of vehicles and drivers to carry out day to day business of the Company.
18.5. Safety of the Parties: Most of the Company vehicles and third party provided vehicles are equipped with audio video recording, monitoring and security cameras for the safety, security and protection of drivers and Passengers.
18.6. Provision of the Transportation Services:
18.7. Third Party Services and Content:
18.8. Route Planning:
18.9. Transportation of Pets, Domestic Animals and Guide Dogs:
18.10. Wheelchair Access Cars:
18.11. Child, Infant and Booster Seats:
18.12. Copyright, Trademark, and Operational Restrictions:
18.12.1. The Passenger will be liable for any damage caused by Passengers to any Passenger Vehicle.
18.12.2 The Passenger may not:
18.13. Passenger Prohibitions:
18.13.1 The Customer shall be liable for any damage caused by Passengers acts or omissions to any Passenger Vehicle
18.13.2 The Passenger may not:
18.14 Luggage Detail, Loading and Unloading:
19.3. “No Show”:
20.1. Network Access and Devices:
20.2. Delays in Security, Immigration and Custom Checking and Compliance:
20.3. Minor Customers
20.4. Seatbelts: All Passengers all age groups are required to use seatbelts at all times in commercial vehicles except medically advised not to wear a seat belt with an exception certificate.
20.5. Behaviour of On Boarding Customers:
20.1. The Company shall not be responsible for any property left by Passengers in Vehicle. If the property is found in a Passenger Vehicle it will be stored by us for a period of 25 days and thereafter The Company shall be entitled to return, sell, destroy, or otherwise dispose of such property as The Company, in its absolute discretion, see fit.
21.2. Passenger is responsible to arrange pickup for his lost property, book a courier service or book an alternative service such as private hire to drop the lost property at customer’s house.
For all complaints, please refer to the Company’s Complaints and Dispute Resolution policies found on the Company’s website.
23.1. The parties to the contract agree that, if they find any provision of this contract to be illegal, invalid or unenforceable, in whole or part, under applicable or any law valid in the United Kingdom, shall deem, such provision in whole or part thereof to that extent, not a part of this contract, without prejudice and effect to the legality, validity and enforceability of the contract.
23.2. As a result, the parties shall replace the illegal, invalid and unenforceable provision in whole or part thereof with a provision in whole or part thereof which is legal, valid, enforceable and fulfilling to the greatest extent possible to create a similar effect to achieve the contents and purpose as that of the illegal, invalid or unenforceable provision in whole or part thereof.
23.3. The replaced provision in whole or part thereof shall constitute the understanding and agreement of the parties with respect to its subject matter.
23.4. The replaced provision in whole or part thereof shall supersede all including but not limited to prior and/or contemporaneous undertakings and agreements regarding such subject matter thereof.
24.1. The Company may in its sole discretion allow you from time to time to provide, present, upload, make public or otherwise make available to the Company through its services your textual, audio and/or visual subject matter and data including review and feedback related to its standard services and promotional activities.
24.2. The Company conforms that any customer and user content provided by you remains your property as data.
24.3. However, by providing reviews and feedbacks to the Company you grant the Company a wider, lasting, irreversible, assignable, royalty-free authorisation, with the right to sublicense, to use, reproduce, alter, produce imitative works of, deliver, publicly show, publicly execute, and otherwise exploit in any way whatsoever such user content in all presentations and circulation networks now identified or hereafter developed including in connection with the Company services and business and on third-party sites and services, without further intimation to or permission from you, and without the obligation of compensation to you or any other person or party.
24.4. You signify and permit that:
you either are the only and private owner of all user content or you have all rights, authorisations, agreements, and proclamations compulsory to grant the Company the license to the user content as stated above; and
neither the user content nor your suggestion, uploading, publication or otherwise making available of such user content nor the Company’s use of it as allowed herein will invade, embezzle, or interrupt a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
24.5. You assent to not give user content that is slanderous, libellous, vile, vicious, offensive, pornographic, illegal, or otherwise insulting, as determined by the Company in its sole discretion, whether such substance may be covered by law. The Company may, but shall not be obliged to, evaluate, examine, or eliminate user content, at the Company’s sole discretion and at any time and for any reason, without warning to you.