These terms and conditions apply to the contract between you (the Customer) and CLOUD CARS when it provides car services to you, these terms and conditions are divided into 5 sections, as follows:
CLOUD CARS LTD has company number 07913651 and its registered address is Unit 5 Medway Street, Nottingham, England, NG8 1PN.
Please read these terms and conditions carefully. Your application to register an account and your continued use of the Website and/or our App will constitute your acceptance of these terms and conditions.
CLOUD CARS ACCOUNT Bookings ONLY
1.1. To make bookings on account with CLOUD CARS, you need to open an account.
1.2. Your account application form, once filled in and sent to CLOUD CARS is an offer from the Customer to enter into a contract with CLOUD CARS for the provision of the Services on an account basis. A contract will be concluded only upon issue by CLOUD CARS to the Customer of written confirmation that the application has been accepted.
1.3. CLOUD CARS reserve the right in its absolute discretion, and without giving reasons, to reject an account application and to decline to enter into a contract.
1.4. A contract shall only be concluded on the terms and conditions contained in this Section 1 and Sections 3 and 4 of these terms and conditions. The contract shall be personal to both parties and non-assignable.
1.5. The Customer shall notify CLOUD CARS of any change in the information provided on your account application form. Alterations take effect on the date of the email from CLOUD CARS to the Customer confirming changes have been made.
2.1. Unless agreed otherwise, no bookings will be accepted by CLOUD CARS unless the Account Number or other agreed account security information is quoted. The Customer is responsible for ensuring that the Account Number or other agreed account security information is kept confidential and secure and that it is not disclosed to any unauthorised person. CLOUD CARS’ is entitled to assume that any person who correctly quotes the Customer’s name and Account Number or other agreed account security information has authority to make the booking on behalf of the Customer.
2.2. 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 themselves. CLOUD CARS do not accept any liability for any unauthorised access to an account arising from a Customer’s failure to comply with clause
3.1. Unless agreed otherwise, invoices are issued fortnightly to the email address and relevant person indicated on the account application form. Each invoice only covers bookings up to the tax date stated on it.
3.2. Settlement in full is due 14 days from the invoice date.
3.3. CLOUD CARS’ reserves the right to charge interest on unpaid accounts at the base rate of Barclays Bank Plc plus 3% accruing daily and compounded on a six-monthly basis from the due date until full settlement. For companies that settle by invoice, we reserve the right to charge a late settlement fee of 4% of the amount of the invoice, should your invoice not be paid in accordance with the payment terms of your account.
3.4. Account Customers paying fortnightly by individual credit card are invoiced on the 14th and 28th of every month and have 12-day payment terms and are debited on the 14th day after invoice date. Account Customers paying weekly by individual credit card are invoiced and debited on the first working day of the week following travel. Account Customers paying daily by individual credit card are invoiced and debited on the first working day following travel.
3.5. The Customer shall pay to CLOUD CARS 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 £10.
3.6. Pre-authorised payment can be set up by providing relevant credit card details.
3.7. Queries must be notified in writing to CLOUD CARS within 5 days of receipt of the invoice after which date the Customer shall not be entitled to dispute the amount shown save for manifest or gross error.
3.8. Any deposit paid about your account may be forfeit in the event of ongoing late payment of invoices.
CLOUD CARS Non-Account Bookings
1.1. When you make a non-account booking with CLOUD CARS, CLOUD CARS, is acting as an agent between you and the driver. CLOUD CARS, offers your booking to a driver and when he accepts it, a contract is formed between you and the driver. That contract is subject to these terms and conditions.
1.2. In consideration for the driver carrying out your journey, you will pay that driver indirectly via CLOUD CARS’s credit card payment mechanism.
1.3. Credit card bookings are not subject to VAT unless the driver carrying out your booking is VAT registered, in which case VAT will be charged in addition to the fare.
CONDITIONS APPLYING TO ALL OF CLOUD CARS’S SERVICES
The terms and conditions contained in this Section 3 shall apply to the Services and bookings provided by CLOUD CARS, and as a result apply in all cases in addition to the relevant terms and conditions set out in Sections 1 to 3 above.
1. Extent of CLOUD CARSs’ Liability
1.1. Any quoted pick up or journey times are best estimates only and whilst it uses reasonable efforts to convey passenger(s) to their destinations in the shortest possible time, CLOUD CARS shall have no liability if a pick up or journey time exceeds any estimate given or otherwise exceeds the Customer’s or the passenger(s)’ expectations for whatever reason, nor shall CLOUD CARS have any other liability to the Customer or the passenger(s) in connection with the time at which the passenger(s) reach or fail to reach the destination.
1.2. CLOUD CARS shall only be liable for losses suffered by a Customer that are a direct result of a breach by CLOUD CARS of these terms and conditions and, for the avoidance of doubt, CLOUD CARS 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.
1.3. It shall be for the Customer and/or the passenger(s) to ensure that valuable, unusual or any other items are covered by appropriate insurance. CLOUD CARS cannot entertain any claim for loss of or damage to any such items.
1.4. If CLOUD CARS, 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 may, with the Customer’s consent, arrange for an alternative car service provider to fulfil the booking on its behalf.
1.5. If you are a business customer, please note that CLOUD CARS, will not be liable to you for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
1.6. If you are a consumer customer you are only permitted to use the Website for domestic and private use, and not for any commercial or business purposes. CLOUD CARS accept no liability for any loss of profit, loss of business, business interruption, loss of business opportunity or any indirect or consequential loss or damage.
1.7. Any claim or complaint shall be notified by the Customer to CLOUD CARS within 14 days of the date of the invoice containing the relevant booking for account bookings and within 7 days of the date of the journey for all non-account bookings.
1.8. Subject to the provisions of this clause 1 and except in the case of death or personal injury, CLOUD CARS’ aggregate liability arising from or in connection with the provision of the Services to its Customers under these terms and conditions shall not exceed £500.
2. Your use of the Website and the App
2.2. CLOUD CARS may update the Website from time to time, and may change the content of the Website at any time. However, please note that any of the content on the Website may be out of date at any given time, and CLOUD CARS is under no obligation to update it.
2.3. CLOUD CARS do not guarantee that the Website, or any content on it, will be free from errors or omissions.
2.4. There is no guarantee that the Website, or any content on it, will always be available or uninterrupted. CLOUD CARS may suspend, withdraw, discontinue or change all or any part of the Website without notice and will not be liable to you if for any reason the Website is unavailable at any time or for any period.
2.6. We do not guarantee that the Website will be secure or free from bugs or viruses.
2.7. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
2.8. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
2.9. Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only and we have no control over the contents of those third-party websites or resources.
2.10. You agree that by downloading the App or using the Website, you are bound by these terms and conditions.
2.11. CLOUD CARS grant you a non-exclusive, limited, non-transferable licence to download, install and use the App for personal use only and you agree not to use it or any other technology provided by CLOUD CARS about the provision of the Services for any other purpose.
2.12. You must not license, assign, sell, distribute or in any way seek to benefit commercially from the Services provided by CLOUD CARS or any technology provided in association with delivering the Services, unless you have received our written consent to do so.
2.13. You agree not to do anything that would interfere with, disrupt, maliciously attack or in any way damage any CLOUD CARS technology, including but not limited to the Website, its booking and dispatch system or the App.
2.14. You are not permitted to reverse engineer or attempt to reverse engineer the App or any other technology provided by CLOUD CARS in connection with the provision of the Services.
3. Your obligations
3.1. You agree:
3.1.1. To pay all charges arising out of your use of the Services which are in accordance with these terms and conditions, whether payment is by direct transfer, cheque, credit card, debit card;
3.1.2. Not to use CLOUD CARS for any unlawful or illegal purpose and to comply with all applicable laws;
3.1.3. That all personal information provided to us in order to receive the Services is true, accurate and up-to-date;
3.1.4. Not to do anything to damage the reputation of CLOUD CARS or any of its drivers;
3.1.5. To treat with respect and not be abusive or violent towards any CLOUD CARS employees, staff or other customers;
3.1.6. Not to consume alcohol while in a car and we and/or the driver reserve the right to decline carriage to any person who, in our opinion, is intoxicated;
3.1.7. To be responsible at all times for your luggage and acknowledge that no liability is accepted for the loss or damage to any luggage that is transported;
3.1.8. To wear, and to ensure that the passenger(s) wear, a seatbelt at all times whilst travelling in our vehicles;
3.1.9. to indemnify CLOUD CARS against any claims, costs, damages, losses, liabilities and expenses (including reasonable legal fees and costs) that arise out of or in connection with a breach of these terms and conditions, any applicable law or your use or misuse of the Website, the App and/or the Services;
3.1.10. That if you cancel a booking outside the time allowed you will be liable for and will pay the cancellation fee;
3.1.11. That if you, or another passenger travelling with you under your booking, soils or damages the car you will be liable.
3.1.12. that if your credit/debit card details are stored by CLOUD CARS, it may charge cancellation or cleaning charges pursuant to clauses 3.1.10 and 3.1.11to that credit/debit card; and
3.1.13. CLOUD CARS have the right to sub-contract services provided to nominated third parties.
4. Booking confirmation and cancellation
4.1. CLOUD CARS may in its absolute discretion without liability and without giving reasons refuse to accept any booking.
4.2. All accepted bookings are confirmed at the time of the booking by one or more of the following methods – SMS, email, oral confirmation or the screen on the App. The Customer is liable for all applicable charges incurred from the time when the vehicle is assigned to the booking until completion of the assignment or, if sooner, cancellation.
4.3. Customers may cancel their bookings in the following ways:
4.3.1. For account and card pre-book services, by calling the call centre, online or through the App; and
4.3.2. For card ASAP services, bookings can only be cancelled through the App.
4.4. In the event of cancellation by the Customer or passenger(s), the Customer may be liable for cancellation charges.
5. Subsidiary Accounts of the Customer
5.1. From time to time the Customer may wish to create additional (subsidiary) accounts to the original account for billing or service purposes. So long as the subsidiary accounts are billable to the legal entity stated on the Customer’s original agreement with CLOUD CARS then no further formal applications are necessary.
5.2. These Terms & Conditions apply in all instances when CLOUD CARS services are used regardless of whether the process of setting up Customer subsidiaries has been completed in full or not.
6. Alteration to these Terms & Conditions
CLOUD CARS reserve the right to alter or vary these terms and conditions in any respect at its absolute discretion. Notice of a change of these terms and conditions will be deemed served to account customers by sending an email notifying them of the relevant alterations and the date upon which such alterations take effect. Notice of change of these terms and conditions will be deemed served to all other customers by the posting of a notice on the CLOUD CARS website. We suggest that you print and obtain a copy of these terms and conditions for your records.
7. Intellectual Property Ownership
7.1. CLOUD CARS (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, the App and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, the App or the Services.
7.2. These terms and conditions do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the App or the Services, or any intellectual property rights owned by CLOUD CARS.
7.3. CLOUD CARS’ name, logo and the product names associated with the App and the Services are trademarks of CLOUD CARS or third parties, and no right or license is granted to use them other than to use our Services in accordance with these terms and conditions.
8. Termination of Account
8.1. Business and credit/debit card accounts are terminable by either party in writing on seven days’ notice at any time without any reason being given and may also with immediate effect be terminated by CLOUD CARS without notice at any time if any amount is due and unpaid by the Customer.
8.2. CLOUD CARS may suspend your access to the Services at any time without notice to you if we reasonably believe that you have breached these terms and conditions.
8.3. Upon termination of the account for whatever reasons all sums payable to or chargeable by CLOUD CARS, or otherwise appearing on the Customer’s account, shall become immediately due and payable in full if not already due and payable.
9. No waiver
It is understood and agreed that any failure by us or you in exercising any right, power or privilege under these terms and conditions will not act as a waiver under this letter nor will any single or partial exercise of the right preclude any further exercise of any right, power or privilege.
If any part of these terms and conditions are found to be unlawful, invalid or unenforceable, that part shall be deemed to be deleted and the remaining terms and conditions shall not be affected and shall continue to apply in full.
11. Third party rights
No rights shall arise under or about these terms and conditions to any person who is not a party to them.
The contract between you and CLOUD CARS is personal to you and you may not assign your rights under these terms and conditions without our prior written consent.
13. Applicable Law
The laws of England and Wales apply to these terms and conditions and any dispute relating to the provision of services by CLOUD CARS shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
14. DATA PROTECTION, PRIVACY AND COOKIES
CLOUD CARS are committed to protecting and respecting your privacy, and this section explains how CLOUD CARS collects, stores and uses personal data. Under the Data Protection Act 1998, CLOUD CARS are the data controller.
14.1. Data Protection: Data types that CLOUD CARS may collect and store are as follows:
14.1.1. Personal and company information that may be provided by the customer, via a telephone call, website or from the mobile platform, for booking and use of CLOUD CARS services. This includes but is not limited to, the customer and/or passenger name, home/work addresses, telephone numbers, email addresses, and details of journeys you have taken with CLOUD CARS including times and location data.
14.1.2. All correspondences and transactions may be recorded for future transactions between CLOUD CARS and the customer.
14.1.3. Phone calls to CLOUD CARS may be recorded for quality and training purposes. This includes but not limited to enquiries, bookings, complains and or sales/accounts information.
14.1.4. Website and booking platforms collect cookies to distinguish customers on the websites. The customer can block cookies by activating the setting on the browser.
14.1.5. The CLOUD CARS booking app uses location-tracking technology. When you use one of our location enabled services, we may collect and process information about your actual location. The customer can turn off location services within the device, by doing so certain services may not be available.
14.1.6. The data is stored on secure servers with encrypted backups. All enquiries on data retention, requests for or removal of personal data must be sent to firstname.lastname@example.org
14.2.1. CLOUD CARS will not disclose Customers personal information unless and only to the extent, and in such manner, as indicated in these terms and conditions, or as required by any law or regulatory body.
14.2.2. CLOUD CARS use the Customer’s personal information to provide the company’s services both internally and to the Customer. The Customer’s information may be used to inform the Customer of any changes or updates and generally where we reasonably believe that to contact you will enhance your experience of our service.
14.2.4. All data is encrypted and stored on secure servers. All replications and backups are encrypted and secure. Unfortunately, the transmission of information via the intranet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site or our app; any transmission is at your own risk.
14.2.5. If you have already registered with CLOUD CARS and would no longer like to receive updates or the promotional information, just click on the unsubscribe link in the last email you have received.
14.2.6. For journeys paid for by credit card, you agree that CLOUD CARS may carry out pre-authorisation checks on the credit card of £1.01 and if such checks fail, CLOUD CARS have the right not to provide you with the Services.
15. PRICING AND CHARGES
15.1.1. Prices for our services can be obtained on request and will be provided automatically at the time of booking for App or online bookings. Journeys within the City of Nottingham are priced on fixed route basis between postal codes. Journeys involving a leg outside of the City of Nottingham will be priced on a minimum charge, plus mileage calculation, unless otherwise agreed.
15.1.2. We will review our prices from time to time and may vary them. We will advise account customers in writing before making any change to our prices which is higher than inflation (according to the Bank of England’s latest published rates).
15.2.1. Charges are applicable for each service type. Items and bases of charging include, but are not limited to:
15.2.1. A minimum fixed charge for every hiring.
15.2.2. A charge for waiting time over a set threshold will be applicable as detailed in the charges section
15.2.3. In the event of a vehicle being soiled by a passenger, a ‘soiling charge’ will be applied. For details please see our charges section
15.2.4. Cancellation charges as set out in our Cancellation Policy. For details please see our charges section
15.2.5. An administration charge of 5% will be charged to your account if you choose not to pay by Direct Debit
15.2.6. VAT as appropriate.
15.3. CLOUD CARS may offer free journeys, discounts and other credits as part of marketing promotions. If CLOUD CARS reasonably believe that a credit has been obtained fraudulently, illegally or in violation of these terms and conditions, it can in its sole discretion remove the credit from your account.
When making a booking with Cloud Cars (Cloud Cars LTD), you agree that the following extra charges may be incurred on top of the original fare.
16.1 Waiting Time Charges
16.1.1 Like most car services, we charge if you keep the car waiting over a certain period. These recompenses both the driver and us for the delay. However, for our Account customers unlike other car services, we pay if we keep you waiting.
16.2 Grace period Charges
16.2.1 Standard (non-airport) pick-ups: 10 minutes grace. This means that if you get into the car within the first 10 minutes of the booked time, then there is no waiting charge. However, if you get into the car after (e.g.) 10.1 minutes, then the full (e.g.) 10.1 minutes are chargeable. Airport pick-ups: 30 minutes grace. This means that if you get into the car within the first 30 minutes of the booked time, then there is no waiting charge. However, if you get into the car after (e.g.) 30.1 minutes, a second after, then the full (e.g.) 30 minutes and 1 second are chargeable.
16.3 Card Bookings
16.3.1 When you make a booking to pay by credit or debit card, your card is pre-authorised by us to confirm that you have the available funds in your account. This pre-authorisation does not take money out of your account, but merely ring-fences the fare. If you cancel the journey, we automatically release the pre-authorisation. It will take around 3 – 5 days for the funds to be released, this is determined by your card issuer.
16.3.2 We do not charge a card handling fee however we will add a £1 booking fee to all cash and card bookings for our private customers to help offset the costs of offering various payment options.
16.4 Account Card Bookings
16.4.1 When you provide us with a new card for your account, your card will be pre-authorised by us to confirm that you have the correct details. This pre-authorisation does not take money out of your account but merely ring-fences £1.01. It will take around 3 – 5 days for the £1.01 to be released, this is determined by your card issuer.
16.5 Airport Pick-ups
16.5.1 Flight tracking
16.5.2 For all airport pick-ups we require the flight number. This enables us to track your flight and ensure your driver is in the airport at the right time to pick you up. If the flight lands late, we will send the driver in 15 minutes after the actual flight arrival time, rather than the scheduled arrival time. This helps to avoid extra waiting time charges.
16.5.3 The driver will be waiting at arrivals with a Cloud Cars nameboard with your name on it and will accompany you to your vehicle.
16.6 Collection (e.g.) 30 minutes after landing
16.6.1 Many customers prefer to be collected a certain number of minutes after landing. This allows you extra time to get through customs and collect your baggage before any waiting time or car park is charged.
16.6.2 For example, if your flight lands at 09:30am and you request to be collected (e.g.) 30 minutes after landing, the driver will be waiting for you at arrivals from 10.00am. The grace waiting period then extends another 30 minutes after that, so as long as you are with your driver by 10:30 am there will be no waiting time charged.
16.6.3 Please feel free to request this at the point of booking.
16.7 Car Parking
16.7.1 For all airport pick-ups, car parking is an additional cost. This is because all drivers are obliged to park and come to the arrivals halls to collect you. The car parking charge is added at the end of the journey and is charged at cost.
16.7.2 Some airports are now charging for dropping off passengers. This is the case for airports such as East Midlands, Birmingham, Stansted and Luton. We have included these new charges in the quoted fare.
16.8 Cancellation Charges
16.9 Pick up within the city of Nottingham
16.9.1 For bookings within the city of Nottingham a minimum of 15 mins notice is required to cancel the booking without charge. If less than 15 minutes’ notice given, e.g. 10 mins and the booking is NOT allocated to a driver then no cancellation charge. If allocated then a cancellation charge* will be due.
16.10 Pick-up outside city of Nottingham – but within Nottinghamshire
For bookings outside the city of Nottingham which are within Nottinghamshire, 1 hours’ notice is required. If less than 1 hours’ notice is given and the booking has not been allocated to a driver then no cancellation charges due. If allocated then a cancellation charge will be due.
16.11 Pick-up outside Nottinghamshire/London/
16.11.1 For bookings outside Nottinghamshire, Heathrow/London, then a minimum of 4 hours’ notice is required. If less than 4 hours’ notice is given and the booking has not been allocated to a driver then no cancellation charges due. If allocated and the driver is at the pickup point then a full fee cancellation charge will be made. If driver on route then depending on the mileage driven from allocation point either a cancellation charge or a full fare cancellation will be made.
16.12 As soon as possible cancellations
16.12.1 A cancellation charge applies if you book a car for as soon as possible and you cancel it after the driver is allocated to your booking. We will provide a 2-minute leeway which means that once your car is booked – if you call up on or before the 2-minute mark, we will not charge you. If it is 3 minutes or after a cancellation fee will apply.
16.12.2 Please note that waiting time applies to cancelled bookings if the car is cancelled after the pick-up time.
16.12.3*The cancellation charge can vary from account to account, but is the minimum cost for a single journey on your account. Please contact Accounts Manager for more information.
16.13 No Show Cancellation Policy
16.13.1 If we have been unable to contact either booker or passenger within the times listed, we will remove the driver from your booking and a cancellation fee will apply as outlined in our cancellation policy.
16.14 Non- Airport collections
16.14.1 Credit card & account – Our driver will be removed from the booking 30 minutes after pickup time if no contact has been made with the booker/client and the cancellation charges will be.
16.15 Airport Collections
16.15.1 Credit card & account – Our driver will consult with our call centre team after 30 minutes if no contact has been made with the booker/client to determine if additional waiting time should be applied. Cancellation charges will be charged should our call centre team also fail to contact the booker/client up to a maximum of 90 minutes after pickup time.
16.16 Additional Charges
16.17 Additional Pickup/Drop
16.17.1 There is a charge of £1.50 per extra drop, plus a charge for any extra mileage incurred.
16.18 Car Parking
16.18.1 Only charged where it is unavoidable, and charged at cost.
16.19.1 Any soiling that requires the car to be taken out of service for cleaning will result in a potential charge of up to £100 depending extent of the damage and loss of earnings for the driver during this time of cleaning.