Independent Chauffeur Services Ltd (“ICS” or “ICS”) – Terms of Supply and Appointment

This page sets out the terms on which it has been agreed that you, the client (“you” or “client”), agree to instruct and appoint ICS as a provider of chauffeur and/or ground transportation services. These terms apply to the supply of any services (and, where applicable, goods) by ICS, to the exclusion of any terms of purchase. The acceptance of any order for services (or goods) by ICS, and the provision of any supply of services (or goods) is conditional upon these terms being applicable to the contract to the exclusion of any and all terms of purchase. By placing an order with or accepting the supply of services (or goods) by ICS, the client accepts and agrees to these terms.

1 ICS is appointed by the client as the supplier of chauffeur services and other ground transportation services in Scotland, England, Wales and elsewhere upon the terms specified herein (“appointment”). At all times, ICS will perform its services with due care and diligence.

2 Fees payable for specific chauffeur or ground transportation reservations will be agreed with the client in advance of any transfer(s) requested during the appointment. In the absence of such express agreement, fees will be payable on a quantum meruit basis. With the exception of transfers to and from airports and transfers where a fixed charge has been agreed in advance, the quantum meruit charge or agreed mileage rate for the service by ICS shall be calculated in accordance with the mileage travelled in the provision of the transfer. All transfers are deemed to start from the time that the vehicle arrives at the first collection point, and to end at the final drop-off point. All quotations and estimates for fees are given subject to acceptance of these terms. Your booking may be subject to additional waiting time, car park charges or a congestion charge, the latter charged at cost.  Any changes or variations including extra mileage to the journeys other than those agreed at the time of booking will be charged in accordance with ICs’ tariff.

3 Unless otherwise agreed in writing, all charges are payable within 7 days of invoice or the day on which the transfer in question is completed (whichever is the earlier). Unless otherwise stated, all charges are exclusive of VAT (or similar/equivalent tax(es)). Payments made by card will attract an additional charge calculated at 3% of gross invoice value.

4 Interest shall accrue and be chargeable on any unpaid sum or sums that have fallen due for payment at the rate of 8% above the Bank of England base rate, per month on a daily basis.

5 Where a chauffeur service/vehicle is to be provided for transfers or periods which may last or span 3 hours or more, the Company will endeavour to use the same car and driver in providing the service(s), but retains the unfettered right to vary the car and/or driver used.

6 ICS expressly and strictly prohibits any drivers other than ICS drivers to drive any vehicle(s) supplied by ICS. The client is obliged to provide and maintain (at the cost of the client) full insurance cover for ICS chauffeur drivers when such drivers are using the client’s vehicle(s) or any vehicle(s) not provided by ICS.

7 All ICS vehicles are no smoking areas and the client shall ensure that all passengers comply with this condition.

8 ICS drivers may travel by such route as they reasonably regard as the most appropriate and convenient for motoring (whether or not that route is the shortest route).  ICS drivers will drive at safe and sensible speeds in accordance with road conditions, traffic and the legal speed limits.

9 Luggage which, in the reasonable opinion of the ICS driver(s), amounts to an excessive weight or unmanageable size (having particular regard to safety factors) may not be transported. It is the client’s responsibility to make clear at the time of making a transport reservation their precise requirements for the transportation of luggage.

10 ICS reserves the right to refuse travel or transport (without notice) to any person which ICS or any ICS driver reasonably regards to be a nuisance or danger to passengers, employees or others.

11 Any complaint or claim to be put to or made against ICS shall be notified in writing to ICS within 7 days from whichever is the later of (i) the completion of the service in question; (ii) the claim/complaint arising; or (iii) the client (or its agent/employees) first becoming aware of the circumstance(s) giving claim/complaint. The parties agree that time is to be of the essence with regard to this condition and failure to comply with this condition shall result in the client losing any and all rights to bring any claim/complaint.

12 ICS’ vehicles and sub-contracted vehicles are fully insured for passenger and third party claims. However, clients’ property is carried entirely at their own risk and ICS shall not be held responsible/liable for any loss/damage to such property.

13 Whilst ICS will make every effort to avoid delays, ICS’ maximum liability for any delay shall be £100 and the parties agree and acknowledge that ICS’ charges are calculated on this basis and that they would be greater without this limitation.

14 For mini/midi coach transfers, ICS requires 72 hours’ notice of cancellation (prior to the intended despatch of the ICS driver/vehicle) and in the absence of such notice ICS shall be entitled to charge the full cost of the reservation in respect of each such transfer. ICS shall be entitled to charge the full cost of the reservation in respect of each and any non-coach transfer which is cancelled on less than 24 hours’ notice (prior to the intended despatch of the ICS driver/vehicle) to ICS, or if the passenger/s do/es not appear at the time and place designated as the pickup point.

15 ICS shall not be liable for any failure (in whole or in part) to supply the service(s) which results from any act of God, war, strike, lockout or labour dispute, fire, flood, volcano eruption, storm, drought, change in legislation or other cause beyond ICS’ control.  A person who is not a party to any appointment shall not have any rights under or in connection with it.

16 ICS reserves the right to subcontract or delegate in any manner any or all of its obligations under any appointment to any third party or agent.
17 If any provision of these terms, which is not of a fundamental nature, is held by any court or other competent authority to be invalid or unenforceable in whole or in part, such part, term or provision shall be deemed deleted from these terms and the remainder shall not be affected. Should the foregoing apply the parties shall use all reasonable endeavours to agree upon any lawful and reasonable changes to these terms which may be necessary in order to give effect, as closely as possible, to the commercial intent of these terms.

18 ICS reserves the right to amend these terms at any time.  Notice of non-material amendments to these terms shall be posted on the company’s website.

19 These terms shall be governed by and construed wholly in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.