8.1 Waiver.
(a) A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
8.2 Severance.
(a) If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
8.3 Assignment and subcontracting.
(a) The Provider may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
(b) The Customer shall not, without the prior written consent of the Provider, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
8.4 Communications
(a) The Provider’s contact details for any communication in writing are: Airport Transfer Cars Limited, Unit 32, Lumina Way, Enfield, EN1 1FS; contact@247airporttransfer.co.uk
(b) If the Customer is a business, any notice between the parties will be deemed, received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
8.5 Confidential Information
The Customer undertakes to the Provider that:
(a) it will regard as confidential the Contract and all information relating to the business and/or products of the Provider and will not use or disclose to any third party such information without the Provider’s prior written consent, unless the information is in the public domain other than by reason of the Customer’s default;
(b) the Customer will use its best endeavours to ensure compliance with this confidentiality provision by its employees, agents, affiliates and relatives as the case may be. This Condition shall survive the termination of the Contract.
8.6 Governing law and venue of disputes
(a) If the Customer is a consumer, these Conditions are governed by English law. This means a Contract and any dispute or claim arising out of or in connection with it will be governed by English law. The consumer Customer and the Provider agree that the courts of England and Wales will have non-exclusive jurisdiction.
(b) If the Customer is a business costumer, these Conditions are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. The business Customer and the Provider agree to the exclusive jurisdiction of the courts of England and Wales.
8.7 Handling of items found
Any items found by the mini cab vehicle driver inside the said vehicle shall be returned to their owner.
– if the item owner is not known or if the person does not call on the day of discovery, the minicab vehicle driver shall be obliged to hand the item over to the mini cab service operator´s office.
In case the person who lost or forgot an item inside the mini cab vehicle and there are no doubts about the ownership and the authenticity of their description, the item shall be returned to the person. The owner has the possibility to come himself at the company’s office and take the lost item or he must pay for the driver’s journey from his last drop off point to the owner’s address.
8.8 Any call that you will make to / receive from Airport Transfer Cars Ltd will be recorded in the purpose of improving our services and training. The call recordings are subject to the “Privacy Policy” specified at Paragraph 9.
8.9. The Company reserves the right to charge reasonable cleaning charges plus three hours loss of earnings for the driver at our normal hourly rate (as detailed in the Price List) in the event of spillages or in the event that any Passenger vomits or otherwise soils or damages a Passenger Vehicle.
8.10. The requested Infant/Child/Booster seats are subject to availability on the date of the journey and there is no 100% guarantee that they will be provided.