Terms of Supply of Services
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Please find set out below the terms and conditions (Terms) upon which we, AFH LTD, will provide our services to you. Please read the Terms carefully and make sure you understand them. Please note that by using our service to book your vehicle hire, you agree to be bound by these Terms. If there are any Terms you do not understand, please do not hesitate to contact us and we will provide clarification. You are responsible for reading these terms prior to making a booking. If you do not accept our Terms please refrain from using our website, highgear.co.uk (Site) or from proceeding with your proposed booking.
We provide a coach and minibus hire brokerage service (Service) which means we will arrange on your behalf the hire of one of the models of vehicles and the associated vehicle hire services displayed on our Site from one of the United Kingdom vehicle hire operators (Operator) with whom we work, to any destination in the United Kingdom on your chosen date(s).
Our responsibility is only to arrange the hire of your chosen vehicle and services and not to provide the vehicle hire and associated services. In providing our Service, we act as a booking agent for the Operators to promote and sell the hire of the models of vehicles owned by the Operators and displayed on our Site.
On making a booking through us you will enter into a contract for the hire of the vehicle and associated services described in your booking confirmation (Vehicle Hire Services) with the selected Operator.
We will require information from you to enable us to arrange the Vehicle Hire Services. It is important the information is true and accurate. You are responsible for ensuring such information is true and accurate.
The information you supply will be used to provide you with a quotation for the Vehicle Hire Services (Quotation). If the information you have supplied is incorrect, it is your responsibility to identify the mistake. We do not accept any liability if your booking later proves to be incorrect due to the fact information supplied by you either at the time of making your booking or subsequent to your booking was incorrect. If you think there is a mistake in the booking please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
The hire of a particular vehicle is subject to availability. We do not guarantee colour, exterior or interior features.
Receipt of your booking request will not mean your order has been accepted. If we are able to arrange the Vehicle Hire Services you will receive an email from us (Booking Confirmation) accepting your booking at which point a contract will come into existence between you and the Operator for the supply of the Vehicle Hire Services. Please note that at this time you will be bound by the Operator Terms and may only cancel the Vehicle Hire Services in accordance with the Terms.
If we are unable to arrange the Vehicle Hire Services you request we will inform you of this in writing and will not process your booking request.
Please note we may refuse to accept your booking if we have reasonable grounds to suspect it has been made fraudulently.
Please note that the images of the vehicles displayed on our Site are for illustrative purposes only. The vehicle hired may not be that which is displayed on our Site. The vehicle hired may vary slightly from the vehicle displayed on our Site but will be of the specification set out in your Booking Confirmation.
If you are a consumer, you confirm that you are at least 18 years old. You must provide your full name and date of birth when making a booking. Failure to be truthful will result in the cardholder being liable and responsible for the vehicle hire service.
If you are not a consumer, you confirm you have authority to bind any business on whose behalf you are using our Services to arrange the Vehicle Hire Services.
If you are making the booking on behalf of a group, you will be the person accepting these Terms and the Operator Terms. You will be responsible for ensuring all persons travelling within your group comply with such terms. Should they fail to do so you will be liable to us or the Operator for any loss or damage caused to either us or the Operator arising out of any failure to comply with either our Terms or the Operator Terms.
You will notify us of any changes in your address or contact details arising following the acceptance of your booking.
You will comply with any restrictions applicable to the Vehicle Hire Services including but not limited to the number of passengers.
You will be at the designated pick-up address set out in your Booking Confirmation on the date of hire. Should you fail to be at the designated pick up address at the designated time you will be liable to pay the full hire charge for the Vehicle Hire Services to the Operator in accordance with the Operator Terms.
You undertake at all times to comply with the Operator Terms in particular in relation to conduct required during the Vehicle Hire Services. Failure to comply with such terms will permit the Operator to cease to provide the Vehicle Hire Services and to eject you or all or any of your fellow passengers from the hired vehicle.
You are responsible for completing the online details and making sure the hire details are correct. If you have made an error with your details which later need to be corrected, we are not liable for any issues that may incur which may result in an increase or decrease of the cost of your hire.
Your Booking Fee and Deposit will remain non-refundable in the result of an error caused by you.
If you wish to cancel the booking you have made online, you will be cancelling in accordance with the cancellation policy.
Online pricing and vehicle requests are subject to availability and works from a live system. In the event that your booking clashes with another online booking made before yours, we reserve the right to move your vehicle to an alternative operator or vehicle for the number of passengers required.
Changes to your Booking
Request for changes must be submitted to us by email. You may request a change to your booking at any time, however we cannot make changes within 7 days of the hire date and you must contact the operator directly. Your amendment may increase the cost of your hire in addition to the amendment fee. We will notify you in writing of the revised charges. If we are unable to arrange the requested changes to your booking or if the additional charges payable for the revised Vehicle Hire Services are not acceptable, you may cancel your booking in accordance with the cancellation provisions under the Our and the Operator’s Terms. Please note that should you cancel your booking you may be liable to pay the full hire charges to the Operator.
In addition to the additional charges which may be payable to the Operator, in the following circumstances we will charge you the administration charges set out below for dealing with the change to your booking:-
- Change of name – £20.00
- Change of designated pick up point – £25.00
- Change of destination address – £25.00
- Change of date of hire – £40.00
- Change of return date – £40.00
- Change of pick up time (same day) – £25.00
- Change of return time (same day) – £25.00
- Change of pick-up date and time (alternative day) – £45.00
- Change of return date and time (alternative day) – £45.00
- Change in number of passengers – £35.00
- Change in number of passengers and vehicle type booked (resulting in upgrade to vehicle size/specification – This requires a new booking, we will refer you to our sales department, please note this may require a new deposit.
- Change in number of passengers and vehicle type booked (resulting in downgrade to vehicle size/specification – This requires a new booking, we will refer you to our sales department, please note this may require a new deposit.
- Change to vehicle type (upgrade vehicle size/specification) – This requires a new booking, we will refer you to our sales department, please note this may require a new deposit.
- Change to vehicle type (downgrade vehicle size/specification) – This requires a new booking, we will refer you to our sales department, please note this may require a new deposit.
The administration charge is payable at the time you request the change to your booking.
Service Charges and Payment
In consideration of the provision of our Services, we will charge you the administration fee (Booking Fee) and a Deposit set out in the Booking Confirmation. The Booking Fee and Deposit is non-refundable and non-transferable to another booking and is in addition to the charges for the Vehicle Hire Services (Hire Charges) set out in the Booking Confirmation. The Hire Charges are payable direct to the Operator on or before the date of hire in accordance with the Operator Terms.
The Booking Fee is a charge of £20.00 per booking.
The Booking Fee and Deposit is payable direct to us on the making of your booking.
Our Booking Fee and Deposit is subject to VAT (if applicable) which will be at the applicable rate at the time of your booking.
You can pay the Booking Fee using a debit or credit card. We do not accept American Express or Diners Card.
We will not charge your debit or credit card until we accept your booking.
You warrant that in making payment you are the card holder.
If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank Plc. from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
If there is a problem with the Service
If you have a complaint about our Services please contact us and tell us as soon as reasonably possible. If your complaint relates to the provision of the Vehicle Hire Services or the Operator listed in your confirmation email, your complaint should be made direct to the Operator. If your complaint is received by us and it relates to the Vehicle Hire Services or the Operator, we will forward the same to the Operator who will contact you direct.
If you are a consumer, you have legal rights in relation to the Services if not carried out with reasonable skill and care. advice about your legal rights is available from your local Citizens advice Bureau or Trading Standards office. Nothing in these terms will affect these rights.
Our liability to you
If we fail to comply with these Terms we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms or our negligence but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
We will under no circumstances whatever be liable to you for any loss of profit, loss of business, business interruption, loss of business opportunity, loss of goodwill or loss of sales, business or revenue.
Our total liability to you in respect of all losses arising under or in connection with this contract shall in no circumstances exceed the Booking Fee or Deposit.
Nothing in these terms limits or excludes in any way our liability for death or personal injury caused by our negligence or the negligence of our employees, fraud or fraudulent misrepresentation or where it would be illegal for us to exclude or limit our liability.
Events outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event outside Our Control.
An Event Outside Our Control means any act or event beyond our reasonable control including 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, vehicle breakdowns, congestion or road closures, accident or criminal activity.
If an Event outside Our Control takes place that affects the performance of our obligations under these Terms:
(a)We will contact you as soon as reasonably possible to notify you; and
(b)Our obligations under these Terms 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.
- c) Should the matter arise where an alternative vehicle needs to be supplied, we will assist the Operator in finding an alternative. Should the Operator be unable to provide you with an alternative, then we will assist in moving you to another Operator for the Vehicle Hire Services to continue. In this event, we cannot guarantee colour, exterior or interior features, vehicle specification or model.
- d) The Booking Fee and Deposit remains non-refundable if the event is beyond our control and we will not be liable to you for losses you may have incurred as a result of the Event being beyond our control.
How we may use your personal information
We will use the personal information you provide to us to:
(a)provide the Services;
(b)process your payment for such Services; and
(c)inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
You agree that we may pass your personal information to an Operator to enable the Operator to provide the Vehicle Hire Services or to credit reference agencies and those agencies may keep a record of any search that they do.
We will not give your personal data to any other third party.
If the vehicle hire is cancelled within 30 days of the hire date you will be liable to pay the full balance due to the Operator and will lose your deposit and booking fee.
If you fail to make the payment in accordance with these terms, we will pass your details to a Debt Collection Agency of our choosing where the amount owed may increase as a result.
If the cancellation occurs more than 30 days before the vehicle hire then only the deposit and booking fee will be lost, any advance payment made to operator will also be refunded if it is made within this timeframe.
Other important terms
We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This contract is between you and us for the arrangement of the booking only. No other person shall have any rights to enforce any of its terms.
If we fail to insist that you perform any of your obligations under these Terms, 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.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or in any way unenforceable, the remaining paragraphs will remain in full force and effect.
We may vary these Terms from time to time to make changes to how we accept payment from you, to reflect changes in relevant laws and regulatory requirements or to improve the manner in which we provide our Services.
Information about us and how to contact us
You can contact us by telephoning our customer service team at 0844 567 53 53.
If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail, by hand, or by pre-paid post to the address set out above. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us at the time of making your booking.
These Terms are governed by English and Welsh law. You and we both agree to submit to the non-exclusive jurisdiction of the English and Welsh courts.
High Gear Finance and highgear.co.uk are trading names of AFH LTD.