Terms & conditions of Business.

Consumer Terms and Conditions:

Definitions:

WE / US / OUR - Indicates a reference to Midlands Ltd, and our associated trading names
YOU / YOUR - Indicates a reference to You, Your Travelling Party, and any persons associated with Booking.

1. By YOU placing a booking with US, YOU are confirming YOU have read, understand and agree to abide by the following published Terms and Conditions (Sections 2-20). Please ensure YOU understand them fully prior to placing a booking with US.

2. By asking US to confirm YOUR booking, YOU are accepting that the terms of this Agreement, which incorporate the information, restrictions and obligations detailed herein. YOU thereby agree to abide to the entire agreement between US and YOU with regard to YOUT booking and your travel arrangements. YOU also consent to our processing personal information about YOU and other members of YOUR party, should this be provided to us.

3. YOUR contract with US is subject to the laws and jurisdiction of England and Wales. YOU may however choose the law and jurisdiction of Scotland or Northern Ireland if YOU wish to do so, due to YOUR main residency presiding to one of these countries.

4. As a booking requires a final payment to be made by YOU when taking supply of the booked vehicle(s) on the day of hire, all Bookings must be made by, and under the name of, the Card holder (YOU), who will be named as 'party leader'. WE must speak to the card holder to confirm IDENTITY prior to any payment being taken by US. We may also request YOUR year of birth ONLY, prior to YOUR booking being accepted.

5. WE reserve the right to refuse or terminate a booking should WE believe a booking has been placed using deceptive or fraudulent means, and additionally to instruct relevant authorities to Deceptive methods used to obtain products or services with US by YOU or any member of YOUR party.

6. All bookings are subject to a booking fee + VAT which is payable in advance. YOUR booking cannot be confirmed until this deposit has been paid by YOU, in full, to US. WE are unable to refund this deposit / AF (Administration Fee) except in exceptional circumstances.

7. WE will not be held responsible for financial or personal loss to YOU or YOUR group in the event of mechanical failures and events beyond OUR control. Events beyond OUR control include (but are not limited too) war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, technical problems with transport including changes due to rescheduling or cancellation of hire by US or alteration of the vehicle or vehicle type for reasons beyond OUR control; closed or congested roads, villages, towns and cities, hurricanes, other actual or potential severe weather conditions (whether materialised or not), and any other similar events. Whether this effects timings of pick-ups and/or cancellation of the hire by US at immediate or limited notice to YOU, whether YOUR hire period has indeed begun or not.

8. Should YOUR vehicle be unavailable, WE will endeavour to match or exceed YOUR booked vehicle with an equivalent or better model. WE are unable, therefore to guarantee any specifications to vehicles, including (but not limited to); interior features, possible decorative themes, amounts of inclusive beverages and colour scheme (including body colour) of YOUR vehicle.

9. Cancellations:
Cancellations fall within KEY and NON-KEY DATES. Cancellation's will only be accepted via Telephone Conversation with YOU (the named Party Leader), or via Written Letter. Cancellations will not be accepted via e-mail by US. These charges are based on how many days before YOUR booked travel date WE receive YOUR cancellation notice. These charges are a percentage of the total cost of YOUR booking - YOUR deposit is retained on any cancellation, however the % payable will be based upon the total amount originally quoted including the deposit.
KEY DATE (KD) Cancellations (Clearly indicated on your booking confirmation as KD following your Travel Date Outbound) include Sports Events Days, Christmas and New Year Period, Public Bank Holiday Weekends, Concerts, School / College & University Prom Events and other similar occasions, including Days of National Interest.

For Key Dates (KD), the following cancellation policy applies:
Cancellations made within the following time period of your allocated booking: Amount Payable by YOU (this is in addition to any deposits paid to US):

More than 99 days Loss of Deposit Only
98 - 75 days 50% of Total Booking Cost
74 - 61 days 75% of Total Booking Cost
60 - 0 days 100% of Total Booking Cost
NON KEY DATES. Unless indicated by a 'KD' on your booking form, the following cancellation policy applies:
Cancellations made within the following time period of your allocated booking: Amount Payable by YOU (this is in addition to any deposits paid to US:

More than 99 days Loss of Deposit Only
98 - 75 days 25% of Total Booking Cost
74 - 51 days 50% of Total Booking Cost
50 - 31 days 75% of Total Booking Cost
30 - 0 days 100% of Total Booking Cost

10. Amendments:
Amendments to YOUR booking are permitted no later than 7 days prior to hire. An amendment is classed as a change to your original booking, requiring a new booking confirmation to be issued by US. Please note that in some instances, a Major Change (such as dates, times and changes by YOU to the vehicle hired) will be classed as a CANCELLATION, and our CANCELLATION policy (Section 9) will apply accordingly. An Amendment Fee is charged for EACH amendment made to YOUR booking. An amendment fee will be in charged addition to any amendment costs resulting in an increase or decrease of the cost of hire. All amendments charges quoted are PLUS VAT at 17.5%.Please note that any amendments MUST be made prior to your booking. Amendments will be subject to availability. Should we be unable to proceed with an Amendment, and you wish to cancel your booking, our standard cancellation policy will apply, in line with your original booking.

Change of Name £15.00
Change of Pick-Up Address £20.00
Change of Destination Address £20.00
Change of Pick-Up Date £35.00
Change of Return Date £35.00
Change of Pick-Up Time (Same Day) £20.00
Change of Drop-Off Time (Same Day) £20.00
Change of Pick-Up Date & Time (Alternative Day) £45.00
Change of Return Date & Time (Alternative Day) £45.00
Change in number of Passengers £30.00
Change in number of Passengers & Change to Vehicle TYPE booked (Resulting in upgrade to Vehicle Size / Specification) £35.00
Change in number of Passengers & Change to Vehicle TYPE booked (Resulting in downgrade to Vehicle Size / Specification) £45.00
Change to Vehicle Type (Upgrade Vehicle Size / Spec) £25.00
Change to Vehicle Type (Downgrade Vehicle Size / Spec) £35.00

Please note we will NOT charge for SPELLING amendments to your booking.

11. WE reserve the right to change the vehicle requested for a hire by YOU at any time. This includes (but is not limited to) the colour and the style of the vehicle (including model type). WE will only do so if we feel the requested vehicle is unfit to carry YOU and YOUR passengers and will do our best to replace the vehicle with an identical model, however cannot guarantee to do so. By placing a booking, YOU are confirming YOU are accepting this policy, and WE will not be held responsible for claims regarding this policy by YOU against US.

12. Use of prohibited substances and smoking in any of OUR vehicles is banned at all times. Should our drivers become aware of any such transgressions from YOU or YOUR travelling group, WE will reserve the right to cancel the hire with immediate effect and eject all passengers at the first safe place to do so. WE will not be held accountable for any resulting travel costs and WE will inform relevant authorities; passing on relative booking details for breaches of UK Law. This includes the newly introduced Smoking Law in the UK. YOU indemnify US to do so, by agreeing to these Terms and Conditions.

13. Any damage caused to the vehicle by any member of YOUR party shall become the sole responsibility of YOU. Any costs associated with repairs and damage must be paid by YOU in the time frame agreed upon with the US. An additional daily charge may be imposed should the vehicle be taken out of commission a daily hire rate effective to that vehicle. Criminal Damage may be reported to relevant persons/authorities, should WE feel this is necessary.

14. If YOU have a complaint about YOUR arrangements whilst travelling, YOU must immediately notify US of the service in question locally. If OUR driver is unable to resolve the problem immediately, and a member of OUR staff is not available, YOU should contact US as soon as possible by telephone and WE will endeavour to assist within Customer Service office hours (9.00am until 7.00pm Monday - Friday). OUR offices are unable to assist with this type of enquiry on Saturdays, Sundays and Bank Holidays. If YOU are still not satisfied on YOUR return, YOU must write to OUR Customer Service Department at the address given at the end of these Terms and Conditions, or e-mail US by replying to YOUR original booking, within 7 days of returning from YOUR hire, to allow YOUR complaint to be investigated by US properly. Please write YOUR booking reference number on YOUR letter or e-mail, and include YOUR daytime and evening telephone numbers. Failure to supply any part of this information will result in US dismissing YOUR complaint. If YOU do not give US the opportunity to resolve any problem locally by reporting it to OUR driver (during the hire period), then WE may not be able to deal positively with any complaint on YOUR return, and dismiss any request from YOU for refunds and/or compensation.

16. Conduct While Travelling. WE reserve the right to refuse to accept YOU as a customer or continue dealing with YOU if YOU or YOUR group behaviour is disruptive, or should any member of YOUR group appear to be under the influence of prohibited (or licensed) substances causing a detrimental effect on YOU or any member of YOUR party. Additionally Racially aggravated, Sexist and other derogatory comments and behaviour will not be tolerated under ANY circumstances. If a driver deems any person(s) travelling in YOUR group to be posing a danger, or act in an innaprotiate manner to OUR employees or indeed any vehicle belonging to US, or any other member of YOUR group, WE reserves the right to terminate the booking with immediate effect at the safest point to do so. They may also be instructed to do so by our office, should such advice be sought by US, or OUR employees. No refund will be given in these circumstances and WE cannot be held responsible for any associated costs incurred by YOU or YOUR group. No correspondence will be entered in to by US should this situation arise. This additionally applies prior and post travel including threatening or abusive behaviour towards OUR staff, on the telephone, in writing or in person. If you are disruptive and this means you are not allowed to board the vehicle outbound from YOUR pickup, we will treat YOUR booking as cancelled by YOU from that moment, and YOU will have to pay full cancellation charges (see section 7). If this occurs at YOUR destination point then YOU will become responsible for YOUR own return home and any other members of YOUR group who cannot or will not travel without YOU. In any circumstance mentioned in section 15, NO refunds or compensation will be paid to YOU or YOUR PARTY and additionally, WE may make a claim against YOU for any costs and expenses incurred as a result of YOUR behaviour e.g. the cost of diverting the vehicle for YOU or YOUR PARTY. Criminal proceedings may also be instigated by US against YOU.

17. WE recommend adequate insurances are in place for events and special occasions booked by YOU. Therefore WE recommend YOU speak to YOUR Insurance Advisor to ensure adequate cover is arranged for YOUR event / occasion. WE, OUR and STAFF are not authorised to discuss relevant insurance options with YOU, nor do WE offer this type of insurance, and are unable to offer guidance on obtaining cover.

18. WE reserve the right to alter or amend these terms and conditions at any time. Should WE decide to do so, WE will e-mail these Changes to YOU on YOUR e-mail address no less than 10 days prior to YOUR event day. YOU have 7 Days in which to raise an objection to the amendments. Should WE not receive a reply from YOU then WE will assume YOU have accepted our new Terms and Conditions, and no correspondence will be entered in to.

19. Terms used within YOUR booking may affect they type of hire YOU have booked; 'LOCAL AREA' relates to a 5 mile radius, in and around YOUR original pick-up address; 'CONTINOUS HIRE' states an amount of time this vehicle is hired to YOU - this does not mean unlimited use of the vehicle unless clearly shown on YOUR Booking Confirmation. Unless indicated upon YOUR booking form, any requests made at the time of booking must be detailed on YOUR confirmation. If something appears to be incorrect, or indeed missing, then please reply to YOUR booking confirmation E-mail with the correct details.

20. No part of these Terms and Conditions affects your rights as a consumer. These Terms and Conditions are in addition to your rights as a consumer.

Should any of our fees be unpaid for longer than 7 days, we reserve the right to pass your details to our nominated Debt Recovery Agency – The Express Group – www.express-debt-collection.com

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