TERMS & CONDITIONS
1. Definitions and interpretation
In these terms:
“Application Form” means the completed application form (in the form notified to the Customer by Cloud Cars Limited) from a Customer to Cloud Cars Limited;
“Contract” means an agreement which includes journey details, for the provision of services to the Customer in respect of either: (I) Account bookings (where the customer contracts with Cloud Cars); (ii) Non-Account Bookings (where Cloud Cars acts as disclosed agent of the driver to arrange the services and the customer contracts directly with the Driver).
“Customer” means a person with whom Cloud Cars Limited has made or wishes to make an agreement for the supply of services;
“Price List” means the price shown in the lists, catalogues or other publications published in paper or electronic form by Cloud Cars Limited or on any web page of Cloud Cars Limited;
“Terms” means these terms and conditions and any additional terms and conditions identified on the Cloud Cars Limited website as applying from time to time.
"Account" means a customers account which has been opened by Cloud Cars in respect of a particular customer and which is identified by way of a security number (the "Customer Account Number") allocated to the customer and under which Cloud Cars extends credit terms to the customer enabling such customer to pay on a periodic basis, based on statements of account provided by Cloud Cars.
2.1 This Application Form as sent to Cloud Cars Limited, whether in hard copy or online through the website www.cloudcarsltd.com is an offer by the Customer to enter into a contract with Cloud Cars Limited for the provision of its services (the supply of private hire cars) on an account basis.
2.2 Every Contract shall, unless otherwise expressly agreed in writing between the Customer and Cloud Cars Limited, incorporate these Terms.
2.3 A Contract is made when the Customer accepts these Terms. Acceptance may be given in writing or by conduct. No terms endorsed upon, delivered with or contained in the Customer’s purchase order, confirmation of order or other document nor any other variation of these Terms shall form part of a Contract unless expressly agreed in writing by Cloud Cars Limited.
2.4 All quotations and tenders by Cloud Cars Limited (which are valid only for the period stated or, if no period is stated, for 30 days after their date of issue) are indicative only and do not constitute an offer capable of acceptance so as to give rise to a binding contract. Cloud Cars Limited may vary the specifications and details of the services in Cloud Cars Limited’s catalogues, web sites and brochures from time to time.
3.1 No bookings will be accepted by Cloud Cars Limited unless the Customer’s PIN (Personal Identification Number supplied on opening of an account) or the answer to its security question (determined on opening of an account) is quoted. Cloud Cars Limited is entitled to assume that any person who correctly quotes the Customer’s name and PIN/answer to its security question has authority to make the booking on behalf of the Customer. The Customer is solely responsible for safeguarding the confidentiality of such information and shall be liable for the cost of all bookings made by any such person whether or not in fact authorised by it.
3.2 All accepted bookings are confirmed at the time of the booking. The Customer is liable for all charges incurred from the time when the vehicle is dispatched until the Customer is dropped at its destination or sooner cancellation. In the event of cancellation by the Customer or passenger(s), the Customer is also liable for the cancellation charges detailed in the Price List. The liability of Cloud Cars Limited in the event of cancellation by it is set out at clause 7.
3.3 At the time of booking, the Customer will, subject to clause 5.5, agree with Cloud Cars Limited its preferred method of settling the invoice, provided that it is one of the following methods: on account, by credit/debit card.
3.4 Cloud Cars Limited may in its absolute discretion, without liability and without giving reasons refuse to accept any booking.
3.5 Booking Types
3.5 (1) Account Bookings
(a) Prior to making any account booking, the customers must first open and Account with Cloud Cars. The customer must keep its dedicated and secret customers account number and password confidential.
(b) When making Account Bookings, the customer must quote customers account number and password/pin. If customer fails to do so, we shall not be obliged to perform the booking.
(c) We shall be entitled to treat any account booking made quoting the confidential account number and password/pin as duly authorised by the customer and therefore customer shall be liable to all charges relating.
(d) Account bookings take priority over Non Account bookings.
3.5 (2) Non-Account Bookings
(a) In the case of non-account bookings, we act as the disclosed agent of the driver for the purpose of arranging and agreeing non-account bookings between the driver and the customer. This means that the driver enters into a contract as principal with the customer.
(b) The provision of services in relation to non-account bookings, the customer pay for the services either directly to the driver by way of cash or cheque, or by way of card payment, which is processed by a third party payment processor on behalf of the driver. Where applicable, VAT may be added to such charges (If the driver carrying out your booking is VAT registered).
4.1 Charges will be made on the basis of the Price List applicable at the time of making the Contract. The rate of each charge shall be fixed and revised by Cloud Cars Limited from time to time entirely at its discretion. Upon any change in charges the Customer will be sent a copy of the revised Price List indicating the date on which the new charges take effect or referred to the Cloud Cars Limited website for details.
4.2 Items and bases of charging include:
(a) a minimum fixed charge for every hiring and a further charge for every mile of travel;
(b) a charge for waiting time, parking or other time;
4.3 These and other charges are as set out in the Price List.
4.4 Unless otherwise stated by Cloud Cars Limited in writing, prices quoted by Cloud Cars Limited or included in a Contract do not include Value Added Tax.
4.5 The Customer shall also reimburse Cloud Cars Limited for any damage caused to any vehicle by a Customer including any costs of cleaning any vehicle arising as a result of any action by the Customer.
5.1 At the time of opening the Customer’s account with Cloud Cars Limited, Cloud Cars Limited will set a limit on the total amount which may be outstanding as unpaid on such account at any one time. Cloud Cars Limited may in its discretion suspend the account if the Customer has not paid its invoice in accordance with clauses 5.3, 5.4 and 5.5 below or if it exceeds its credit limit.
5.2 Invoices are issued monthly to the address and relevant person indicated on the Application Form, or when the credit limit is exceeded, whichever occurs sooner. It is the Customer’s sole responsibility not to exceed its credit limit. The Customer may renegotiate the credit limit with Cloud Cars Limited if it deems it necessary.
5.3 Settlement in full is due within 14 (Fourteen) days from the invoice date.
5.4 If any amount is not paid by the Customer when due, Cloud Cars Limited reserves the right to charge interest on unpaid invoices at the base rate of Lloyds Bank plus 5% accruing on a daily basis and compounded on a monthly basis from the due date until full settlement.
5.5 Invoices for all personal accounts must be settled by credit or debit card, internet banking or pre-authorised credit or debit card. Payments will be collected no earlier than 14 days after the invoice is issued.
5.6 Time for payment is of the essence. A failure by the Customer to make payment when due of any amount owing to Cloud Cars Limited under a Contract will entitle Cloud Cars Limited:
(a) to treat the Contract as repudiated; and
(b) to be indemnified by the Customer for any resulting loss.
5.7 Queries must be notified in writing to Cloud Cars Limited within 7 days of the invoice date after which date the Customer shall not be entitled to dispute the amount shown save for manifest or gross error.
5.8 The Customer shall pay to Cloud Cars Limited any reasonable expenses (including those charged by any debt collection agency) together with all legal and court costs incurred in the collection of any overdue payment and the minimum charge in this respect shall be £12.
6. Rights and powers of Cloud Cars Limited
6.1 Cloud Cars Limited reserves the right to alter or vary these Terms in any respect at its absolute discretion upon giving reasonable notice to the Customer.
6.2 Without prejudice to clause 8, Cloud Cars Limited reserves the right at any time, on notice to the Customer, to suspend the provision of the services to the Customer temporarily wholly or in part.
7. Extent of Cloud Cars Limited’s liability
7.1 Any quoted pick up or journey times are best estimates only and whilst Cloud Cars Limited uses all reasonable efforts to arrive at the pick up point on time and to transport passenger(s) to their destinations in the shortest possible time, Cloud Cars Limited shall have no liability if a pick up or journey time exceeds any estimate given nor shall Cloud Cars Limited have any other liability to the Customer or passenger(s) in connection with the time at which the passenger(s) reaches or fails to reach the destination. It is the passenger(s) responsibility to make sure that they have considered all necessary timings and eventualities which may occur as Cloud Cars Limited accepts no liability against any direct or indirect losses, claims, expenses, damages, whatsoever incurred.
7.2 Cloud Cars Limited shall have no liability for any damage, loss, costs claims or expenses (whether foreseeable or not) incurred or suffered by the Customer or the passenger(s) (other than in the event of death or personal injury) by virtue of eventualities or occurrences, acts or omissions including on the part of the driver outside of the reasonable control of Cloud Cars Limited.
7.3 If Cloud Cars Limited cancels a booking it shall have no liability to the Customer or intended passenger(s) if it has used reasonable endeavours to fulfil the booking and to notify the Customer of the cancellation. In such an event, Cloud Cars Limited may, with the Customer’s consent, arrange for an alternative car service provider to fulfil the booking on its behalf.
7.4 It shall be for the Customer and/or the passenger(s) to ensure that valuable, unusual or any other items are covered by appropriate insurances. Cloud Cars Limited cannot entertain any claim for loss of or damage to any such items.
7.5 Any claim or complaint shall be notified by the Customer to Cloud Cars Limited within 28 days of the date of the relevant booking.
8.1 This Contract may be suspended or terminated as follows:
(a) by either party giving the other 7 days’ written notice.
(b) immediately by Cloud Cars Limited (without prejudice to any other rights or remedies) if the Customer:
(i) fails to pay when due any sums payable;
(ii) commits any act of bankruptcy or a meeting of creditors is held or an arrangement or composition for the benefit of the creditors is proposed in relation to the Customer or an administrator is appointed or a petition is presented or resolution passed for the winding up, bankruptcy or dissolution of the Customer; or
(iii) fails to perform when due to be performed any obligation (including a payment obligation) under the Contract (or under any other contract with Cloud Cars Limited).
8.2 Upon termination of the account for whatever reason, all sums payable to Cloud Cars Limited shall become immediately due and payable in full.
9.1 The governing law of all Contracts shall be that of England and Wales.
9.2 The courts of England and Wales shall have exclusive jurisdiction to settle any claim, dispute or issue which may arise out of or in connection with any Contract. The Customer irrevocably submits to that jurisdiction and waives any objection to it, on the ground of inconvenient forum or otherwise.
9.3 No delay, neglect or forbearance on the part of Cloud Cars Limited in enforcing any term or condition of any Contract shall constitute a waiver of or otherwise affect any right of Cloud Cars Limited under the Contract.
9.4 The Customer shall not be entitled to assign any of its rights under any Contract. Cloud Cars Limited shall be entitled to sub-contract any of its obligations and to assign any of its rights under any Contract but shall remain liable for its performance.
9.5 No term of any Contract is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Contract.
These terms and conditions are subject to frequent review and the latest modifications will be published here. the last revision of these terms and Conditions was on 22nd March 2014.
These Terms and Conditions are subject to periodic review and amendment. These terms and Conditions were last reviewed on 29th August 2014.
Cloud Cars Cancellation charges
Pick-up within Nottingham City
The car must be cancelled more than 15 minutes before the pick-up time or a charge will be levied.
You will be charged a cancellation fee/ No show in the following situations:
1. You cancel your journey within 15 minutes of your pickup time
2. You have not boarded the vehicle within 10 minutes of your booked time and have not contacted driver or office, this situation carries a 75% charge of the confirm booked fare.
Your card or account will be charged a cancellation fee of £8, which includes the waiting time.
Pick-up outside Nottingham City area
The car must be cancelled before a driver is allocated to you. Depending on how far the pick up is from Nottingham city this can be anything from 40 minutes up to a number of hours before the pick-up time. If the driver is already allocated to the job then the running mileage (distance that the car has travelled) from Nottingham city plus £5 will be charged.
As soon as possible cancellations
A cancellation charge applies for account bookings if you book a car for as soon as possible, and you cancel it after the driver is allocated to your booking. No cancellation charges for Non-account customers.
Airports: should the pick up be cancelled on arrival or within (see table below) of the pick up time, then a cancellation charge of 70% of the job is levied.
EMA within 60mins
Birmingham within 1hr 40
All other airports within 4 hrs
Please note that waiting time applies to cancelled bookings if the car is cancelled after the pick-up time.
At CloudCars we believe in a fare price and we will charge if you keep the car waiting over a certain period. This recompenses the driver. We offer a 10 minute grace period to our account customers and 5 minutes to our cash/card customers.
Discount Terms and Conditions for August
* To qualify for the 10% discount, you must book using the CloudCars app, web booker, call centre. The promotion is valid for the month of august and ends on the 31st August 2017, 22:00 and travel must be between the hours of 06:00am till 22:00pm
Customers must book must weekend travel during Monday – Friday. The discount must be applied at the time the booking is made and can only be paid for by cash, credit/debit card account. The discount does not apply to account bookings. This discount is subject to daily allocation and vehicle availability and cannot be used in conjunction with any other offer or discount. It is non-transferable and non-refundable. CloudCars reserves the right to curtail this promotion prematurely.
Additional charges will not be discounted and may be applied for any variation to the Quoted Journey including cancellation charges, changes to route, waiting time and car parking. When paying for a booking by cash, credit or debit card account, Customer contracts directly with the driver allocated.