SLM Cycle Transport – Terms & Conditions (Version 2018 02)
At SLM Cycle Transport we aim to do all we can to ensure your experience with us is as good as possible. To make sure you know what your responsibilities and our responsibilities are when using our services, please read the following Terms and Conditions. If you have any questions about the Terms and Conditions then please contact us before any booking is made and we will be happy to clarify.
When the following words are used in these Terms and Conditions, this is what they will mean:
We/Our/Us: SLM Cycle Transport, 6 Clydeford Drive, Uddingston, South Lanarkshire, G71 7DH, United Kingdom.
Order: your written order with Us for Services.
Order Confirmation: the written acceptance of your Order issued by Us.
Delivery Date: the date upon which the Services are delivered.
Services: the services of [cyclist and/or cycle transportation in Our motor vehicles/cycle carriers/cycle trailers] OR[ passenger transportation in Our motor vehicles,] all as set out in the Order Confirmation.
Event Outside Our Control: any act or event beyond Our reasonable control. This includes (without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. It also includes road traffic delays either as a result of an accident, roadworks, weather conditions, unexpected road closures or unavoidable mechanical failure.
Terms and Conditions/T&Cs: the terms and conditions set out in this document.
In these Terms and Conditions, words referred to in the plural will include the singular, and words referred to in the singular will include the plural.
2. Our Contract With You
2.1 The Order constitutes an offer by you to purchase Services in accordance with these T&Cs.
2.2 The Order shall only be deemed to be accepted when We issue the Order Confirmation at which point and on which date these T&Cs shall come into existence (Commencement Date) and form a binding contract between you and Us (Contract).
2.3 These T&Cs apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. Changes To These Terms And Conditions And To Your Order
3.1 We may revise these Terms and Conditions from time to time. The version of these Terms and Conditions in force at the time you place an Order will apply to the Contract.
3.2 With the exception of changes to your Order which are expressly permitted by these Terms and Conditions, any changes which you wish to make to your Order after it has been accepted by Us will only be made if We, in Our discretion, agree to the changes. Additional charges may be payable by you. We will notify you what those additional charges will be and obtain your acceptance before those additional charges are incurred.
3.3 Depending upon availability, We will seek to accommodate a change of dates and/or times at no additional cost providing the notice is in writing and more than 2 weeks in advance of the Delivery Date. However if the notice is 2 weeks or less then We reserve the right to add an additional ‘late change’ fee of up to 10% to the original Order.
3.4 Depending upon availability, We will seek to accommodate a change of location at no additional cost providing the notice is in writing and more than 2 weeks in advance of the Delivery Date. However if the notice is 2 weeks or less then we reserve the right to add an additional ‘late change’ fee of up to 10% to the original Order. If the change of location incurs extra mileage then, irrespective of the notice given, there may be an additional charge for any extra mileage.
4. Our Services
4.1 We will endeavour to provide you with the Services in accordance with the dates and times detailed in the Order Confirmation, but any dates and times stipulated in the Order Confirmation for journey times or arrival times are estimates only – see Condition 6.6 below.
There may be delays in performance of the Services due to an Event Outside Our Control. See Condition 8 below for Our responsibilities when an Event Outside Our Control happens.
4.2 If, on the Delivery Day, you are unable to reach the agreed pick up point at the agreed time then We will wait for up to 2 hours or, if contacted and if possible, drive out to collect you at a different location subject to the following:
4.2.1. if the delay is greater than 2 hours, We reserve the right to either (i) charge a ‘late change’ fee of up to 10% of the Order plus £10 per hour for each additional hour or part thereof or (ii) cancel the Contract.
4.2.2. if the revised location is more than 5 miles away from the original location, We reserve the right to charge for the extra mileage incurred.
4.3 If you do not pay Us for the Services when you are supposed to as set out in Condition 5 below, We may:
4.3.1 cancel the Contract; or
4.3.2 suspend the Services with immediate effect until you have paid Us the outstanding amounts.
If there is a problem with Our Services
4.4 In the event that you experience any problem with the Services, please contact Us and tell Us as soon as possible.
5. Price And Payment
5.1 The price of the Services will be confirmed by Us before you place an Order. That price excludes any additional charges which may become payable by you in accordance with Conditions 3.2, 3.3 and 3.4 above.
5.2 Our prices may change at any time, but price changes will not affect Orders that We have already accepted in accordance with Condition 2.3 above, with the exception that price changes will apply to any additional charges payable under Condition 3.2, 3.3 and 3.4 above.
5.3 No VAT will be charged on Our Services. We are not currently registered for VAT.
5.4 The price payable for Our services must be paid by you in accordance with this Condition 5.4. You are required to make an advance payment of 20% of the price of the Services when you place your order. The balance of the price will be payable on the date specified in the Order Confirmation.
The price will be non-refundable save in the circumstances detailed in Conditions 9 and 10.
5.5 We accept payment by cash or bank transfer.
5.6 Additional charges may be payable by you if changes are made to your Order in accordance with Condition 3.2, 3.3 and 3.4 above.
6. Your Responsibilities
6.1 You undertake to Us that all of the information you have provided, or will provide, to Us in connection with your Order and the Services is true and accurate.
6.2 You undertake to indemnify Us against any actions, proceedings, claims, demands, costs, expenses, interest, fines, or damages arising directly or indirectly from any breach of any of your obligations or undertakings under these Terms and Conditions.
6.3 You undertake to Us that you, and any passenger for whom you have ordered transportation, will:
6.3.1 not smoke in any of Our motor vehicles;
6.3.2 not drink alcohol in any of Our motor vehicles;
6.3.3 not be intoxicated as a result of alcohol or drugs of any kind;
6.3.4 behave in a safe and responsible manner during any journey in any of Our motor vehicles; and
6.3.5 comply with any instructions given by the driver of any of Our motor vehicles in relation to health and safety during any journey in any of Our motor vehicles.
6.4 Each of Our motor vehicles is permitted to carry a specific number of passengers and you accept that under no circumstances will We permit the number of passengers on any journey to exceed that number.
6.5 In the event of any of Our motor vehicles being soiled or damaged by you and/or any passenger for whom you have ordered transportation (including but not limited to as a result of intoxication or the consumption of food or drink), you will be liable to Us for the cost of any cleaning and/or repair of Our motor vehicle which We deem necessary (including without limitation a fee for any cleaning or repair works which are carried out by Us).
6.6 We do not guarantee Our motor vehicles will perform any journey within a certain period of time. We accept no liability for any delay from any detention or breakdown in relation to any of Our motor vehicles unless arising directly from our deliberate action or our negligence.
6.7 Our drivers have complete discretion as to the suitability of any road or location for Our motor vehicles to enter or travel through. We accept no liability if any of Our motor vehicles is unable to complete a journey due to the unsuitability of a road or location. We reserve the right to sub-contract a vehicle from another taxi or private hire operator for your journey.
7. Our Liability To You
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
7.1 Subject to Conditions 7.2 to 7.6 (inclusive) below, if We fail to comply with the Contract, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into the Contract.
7.2 Subject to Condition 7.5 below, We will under no circumstances whatever be liable to you (whether in contract, delict (including negligence), breach of statutory duty, or otherwise) for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.
7.3 Subject to Condition 7.5 below, Our total liability to you in respect of all losses arising under or in connection with the Contract (whether in contract, delict (including negligence), breach of statutory duty, or otherwise) will in no circumstances exceed the price payable by you in relation to your Order.
7.4 We will treat and secure your cycle and/or equipment and/or baggage with all reasonable care while loading, transporting and unloading but we are not liable for:
7.4.1 damage to your cycle and/or equipment and/or baggage while being loaded, transported and unloaded as part of the Services.
7.4.2 damage caused by your cycle and/or equipment and/or baggage to a third party while being loaded, transported and unloaded as part of the Services.
7.5 We do not exclude or limit in any way Our liability for:
7.5.1 death or personal injury caused by Our negligence or the negligence of Our employees; or
7.5.2 fraud or fraudulent misrepresentation; or
7.5.3 any other matter for which it would be unlawful for Us to exclude or limit or attempt to exclude or limit Our liability.
7.6 We recommend that you obtain suitable insurance for the risk of your cycle and/or equipment and/or baggage being damaged or lost, personal injury and the risk of having to cancel the Services.
7.7 This Condition 7 shall survive termination of the Contract.
8. Events Outside Our Control
8.1 We will not be in breach of the Terms & Conditions nor liable for delay in performing, or failure to perform, any of Our obligations under the Terms & Conditions that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means any act or event beyond Our reasonable control. This includes (without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. It also includes road traffic delays either as a result of an accident, roadworks, weather conditions, unexpected road closures or unavoidable mechanical failure.
8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under the Contract:
8.3.1 We will contact you as soon as reasonably possible to notify you; and
8.3.2 Our obligations will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
8.4 We may cancel the Contract if the Event Outside Our Control continues for longer than two weeks in accordance with Our cancellation rights in Condition 10.1 below. Your right to cancel the Contract in the event of an Event Outside Our Control is detailed in Condition 9.3 below.
9. Your Rights To Cancel And Applicable Refund
9.1 You may cancel the Contract with immediate effect by giving Us written notice if We breach the Contract in any material (serious) way and We do not correct or fix the situation within a reasonable period of you asking Us to do so in writing. In the event of such cancellation, you will receive a refund of the price paid for any Services which you did not receive.
9.2 If you cancel the Contract with less than or equal to 2 weeks’ notice then your deposit will be retained. If the cancellation period is greater than 2 weeks then your deposit will be refunded.
9.3 You may cancel the Contract by giving Us written notice if due to an Event Outside Our Control the performance of Our obligations under the Contract is suspended for longer than four weeks. In the event of such cancellation, you will receive a refund of the price paid for any Services which you did not receive.
9.4 Cancellation of the Contract will not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of cancellation, including (without limitation) the right to claim damages in respect of any breach of the Contract which existed at or before the date of cancellation.
10. Our Rights To Cancel And Applicable Refund
10.1 We may have to (and shall be entitled to) cancel the Contract due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. If this happens:
10.1.1 We will promptly contact you to let you know;
10.1.2 if you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you; and
10.2 We may cancel the Contract at any time with immediate effect by giving you written notice if:
10.2.1 you do not pay Us in accordance with in the terms set out in Condition 5 above;
10.2.2 you breach the Contract in any other material (serious) way
10.2.2.1 cannot be corrected or fixed; or
10.2.2.2 is capable of being corrected or fixed but has not been corrected or fixed within the reasonable period of time stipulated by Us when We asked you to correct or fix the breach; or
10.2.3 acting reasonably We believe that you or any other person who is intended to be travelling in any of Our motor vehicles, is not in a condition fit for compliance with these Terms and Conditions; or
10.2.4 acting reasonably We believe that the safety of any person and/or the condition of any of Our equipment and/or Our motor vehicles are endangered;
and in the event of such cancellation under Condition 10.2, you will not be entitled to any refund of the price you have paid.
10.3 Cancellation of the Contract will not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of cancellation, including (without limitation) the right to claim damages in respect of any breach of the Contract which existed at or before the date of cancellation.
11. Personal Data
All personal data that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Statement.
12. Information About Us And How To Contact Us
12.1 We are a sole trader business established in Scotland. Our address is SLM Cycle Transport, 6 Clydeford Drive, Uddingston, South Lanarkshire, G71 7DH, United Kingdom.
12.2 If you have any questions or if you have any complaints, please contact Us by telephoning +44 (0)7587 582679 or e-mailing firstname.lastname@example.org .
12.3 If you wish to contact Us in writing, or if any Condition in these Terms and Conditions requires you to give Us notice in writing, you can send this to Us by email at email@example.com .
If We have to contact you or give you notice in writing, We will do so by email to the address you provide to Us with your Order. We may also contact you by telephone using any number you provide to Us with your Order.
13. Other Terms Which Apply
13.1 We may transfer Our rights and obligations under the Contract to another organisation, and We will always notify you in writing if this happens.
13.2 You may only transfer your rights or your obligations under the Contract to another person if We expressly agree in writing.
13.3 The Contract is between you and Us. No other person will have any rights to enforce any of its terms.
13.4 If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be deemed deleted. Any modification to or deletion of a provision or part-provision under this Condition 13.4 will not affect the validity and enforceability of the rest of these Terms and Conditions.
13.5 If We fail to insist that you perform any of your obligations under the Contract, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
13.6 The Contract is governed by Scottish law. You and We both agree to submit to the non-exclusive jurisdiction of the Scottish courts.