Cabcharge International

• Definitions
  • The Terms and Conditions governing the provision of car/taxi booking and/or account services provided by Cabcharge International or its subsidiaries with the exclusion of any other oral or written statement or agreement whatever its legal character.
  • In this contract
    • ‘The Company’ means CityFleet (UK) Pte Ltd or one of the network related companies.
    • ‘Service’ means the provision of the services referred to in clause 1. a. above and further contained herein.
    • ‘Charges’ means the total charges as set out in clause 2. hereof.
    • ‘The Customer’ means a company or individual who completes a booking with the Company for the service.
    • ‘Invoice’ means an invoice for the total of the charges delivered by the Company to the Customer.
    • ‘Journey’ means a journey undertaken by a car / taxi for or on behalf of a Customer of the Company or any other Company within the authorised Cabcharge Network.
    • ‘Authorised Cabcharge Network’ means those companies authorised to carry on business and accept bookings by means of the Cabcharge Card.
    • ‘Service Partner’ refers to a company recruited on behalf of the company for the provision of service.
    • ‘The Cabcharge Card’ means the booking card issued by and on behalf of the Company or one of the Group companies, the use of which is governed and controlled by these terms and conditions and the terms and conditions of the account holding company.
• Charges
  • The Customer agrees to pay to the Company for all journeys undertaken by a driver of a car / taxi provided by the Company: the fare applicable at the time of each relevant journey or the rate as may otherwise be agreed with the Company in writing plus all other agreed charges including administration charges.
  • The Customer agrees to pay to the Company for all journeys undertaken by a driver of a car / taxi provided by car / taxi companies in cities within the authorised Cabcharge Network (‘Network Company’):
    • The rate for the journey applicable at the time of each relevant journey or as may be previously published by the Network Company plus any local charges of the Network Company or its Service Partners. This can include surcharges for travel during unsociable hours e.g. charges for travelling during unsocial hours are applied in Singapore.
    • Plus a service charge of 10% shall apply to all journeys booked through Cabcharge International.
  • The Customer hereby authorises the Company to pay to the Network Company or its Service Partners these charges on the Customer’s behalf and the Customer will fully and effectually indemnify the Company in respect of such payments.
  • For all journeys undertaken by a driver on behalf of the Company, Network Company or its Service Partners in addition to those contained in the preceding clauses:
    • All local or other taxes (including Value Added Tax) at the rate determined by the Company or the appropriate tax authorities.
  • All fares are quoted in local currency. The exchange rate will be taken as the rate available at the time of invoicing.
  • The Customer hereby acknowledges that when booking a car/taxi with a Cabcharge Card they agree to pay to the Company the charges provided herein on receipt of the Invoice from the Company.
• The Rights & Powers of the Company
  • The Company reserves the right to:
    • Change the rules or instructions concerning the use of any part of the Service from time to time.
    • Temporarily suspend the Service to the Customer wholly or in part in the interest of the security or quality of Service or in the interest of other Customers.
    • Suspend or temporarily suspend the Service in the event of communication failure.
    • Decline the Service unless the Company is at its own discretion satisfied that the proper security procedures have been followed and shall not be liable in any way for refusing the service under these circumstances.
  • The use of the word ‘Cabcharge International’ and any printed material or design are copyright to the Company or its subsidiaries and the ownership of such material shall remain with the Company or its subsidiaries.
• Payment of Invoices
  • Charges for this service shall appear on the invoice from the account holding company in accordance with any agreements that are in place with the account holding company for invoicing.
• Vehicles
  • Whilst every effort shall be made to supply the vehicle type booked, there may be instances e.g. circumstances beyond our control, when the selected vehicle is not available. In such circumstances a vehicle of similar standard shall be supplied.
• Children
  • The company must be made aware of children under the age of 16 travelling by themselves.
  • In some instances a booking may be declined if a child under the age of 16 is travelling alone.
  • In circumstances where the company has not been made aware of a child travelling alone, additional charges may be applied where the company has had to make additional arrangements to ensure the safe transport of the child.
• Additional Information
  • The customer is expected to provide at the time of booking full details on any special requirements i.e. wheelchair access / child seat, in order to satisfy the booking. Failure to provide full details may lead to additional charges being applied in order to fulfill the booking request.
• Amending and/or Cancellation
  • The customer should make every effort to inform the Company of any amendments or cancellations to the booking as soon as possible.
  • Any amendments or cancellations within 2 hours of the requested pick up time may incur additional charges.
  • In the event that the passenger should fail to appear for the requested vehicle, the customer will be charged the full cost including any additional charges that the booking would have incurred
• Disputes
  • In the event of any dispute concerning the calculation by the Company of its charges such dispute shall be notified to the account holding Company by the Customer within 21 days of the Invoice (time being of the essence). In the event of no such notification being received by the Company the Customer shall accept the amount as being properly due and calculated and shall not be entitled to dispute the sum in any way whatsoever.
  • Any dispute arising under the Terms and Conditions which does not involve a complicated issue of law shall be referred in the first instance to arbitration.
• Limitation of Liability
  • The Company has no obligation, duty or liability in contract tort for breaches of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.
  • Whereas the Company shall take every reasonable care to ensure that it will only supply car / taxis subject thereto:
    • The Company takes no liability whatever whether in contract tort (including negligence or breach of statutory duty) or otherwise for the acts or omissions on the part of the car/taxi driver assigned to the Company.
    • In any event in no circumstances shall the Company be liable in contract tort (including negligence or breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings or for any indirect or consequential loss whatever.
  • In any event in no circumstances shall the Company be liable in contract tort (including negligence or breach of statutory duty) or otherwise for the acts or omissions of other parties in particular the providers of services by other Companies within the Cabcharge Network or its Service Partners.
  • Each provision of this paragraph is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held as incapable or unreasonable in any circumstances and shall remain in force notwithstanding termination of the Service.
• Variation
  • The Company may from time to time amend these Terms and Conditions.
• Severance
  • Any Terms and Conditions contained herein which in any way contravene the law of any state or region including the law of the European Economic Community in which the service operates shall in such state or region to the extent of such contravention of law be deemed severable and shall not invalidate any other Terms or Conditions hereof.

April 2007