1. GENERAL DEFINITIONS
1.1. The Terms and Conditions outlined herein shall apply to and regulate the contractual relationship between “the Company” and “the Customer”.
1.2. “The Company” shall refer to Executive Airports, including any of its authorised personnel and drivers and “the Customer” is any party who accepts an offer of the Company for the sale of its Services.
1.3. Executive Airports is the trading name of Executive Airports LTD. Executive Airports LTD acts as a service provider, Executive Airports LTD resides at Unit 7 Westmoreland House, Scrubs Lane, London, NW10 6RE.
1.4. “The Services” shall include, but not be limited to, any and/or all carriage, courier or delivery services, provided by the Company to the Customer during the duration of this Contract.
1.5. “The Contract” shall refer to the agreement between the Company to deliver and the Customer to receive the Services, as stipulated by the Terms and Conditions.
2. THE CONTRACT
2.1. The Contract shall become binding only upon the acceptance (as defined in clause 2.2.) of the Company of the reservation made by the Customer. The Contract shall be subject to the Terms and Conditions outlined herein. By entering into the binding contract with the Company, the Customer agrees to accept the Terms and Conditions.
2.2. The Company is deemed to have accepted the reservation made by the Customer only if a) the Customer receives a transaction reference number from an authorised representative of the Company, either per telephone or email (unless other means of communication are expressly agreed between the Company and the Customer) or b) by the delivery of the Services, whichever is the earlier of a) and b).
2.3. A reservation placed by the Customer can be altered or cancelled/withdrawn only after its acceptance by the Company (see clause 6 for applicable cancellation fees).
2.4. To avoid being billed for a ‘no-show’, customers should not leave the pickup location without first communicating with Executive Airports control on +44(0)2077382300.
3. ACCOUNTS
3.1. The Customer may open an Account with Executive Airports Ltd, subject to credit check and approval.
3.2. The Customer may open one of the 3 types of Accounts:
3.2.1 The Invoice Account. At the end of each month you are sent an invoice which has to be settled within 14 days from the issuing date. There is an account management fee of 6% if the invoice is settled by direct debit. Otherwise, the fee is 12%. The minimum administration charge will be £4.00 per invoice. 3% monthly interest might be applied for late payments
3.2.2 The Card Account. You provide the card details and the cost of each transfer is debited form your card upon booking with a 2% account management fee.
3.2.3 The Prepaid Account. A certain amount is deposited with us and the cost of each transfer is charged from this amount. Monthly review of deposits and expenditure is provided each month. There is no account management fee with this account.
3.3. Account queries will only be considered if raised within our 14 days credit terms.
3.4. Upon completion of each journey the customer may be asked to sign a payment authorisation docket as a proof of the journey and for the approval of any journey extras.
3.5. Prices will be reviewed at the end of each calendar year.
3.6. Executive Airports LTD cannot be held responsible for the misuse of the account facility by the employees of the account.
4. THE SERVICES
4.1. The Services that the Company undertakes to provide shall include those specified in the Company’s sales documentation, unless expressly agreed in writing between the Company and the Customer. Any images and descriptions of the Services provided on the Company’s website, price list, marketing and other documents issued by the Company shall serve for illustrative purposes only and shall not be binding on the Company.
4.2. Information contained on the Company’s website, price list, marketing and any other documentation related to the provision of the Services by the Company is subject to change at the sole discretion of the Company and without obligation to give prior notice to the Passenger. This includes, but is not limited to, any accidental errors and omissions in such documentation. Such accidental errors and omissions shall not give rise to any liability on the part of the Company.
4.3. The Company reserves the right to use the services of third parties (i.e. contractors or sub-contractors) to provide Services to the Customer.
5. THE PRICE
5.1. The price of the Services shall be the quotation received by the Customer from the Company, unless otherwise expressly agreed in writing between the Company and the Customer.
5.2. All price quotations are subject to the Passenger being ready to travel at the booked time.
5.3. The Company reserves the right to alter the price of the Services at its sole discretion without any prior notice. Only those price quotations/bookings for the Services already confirmed by the Company shall be considered binding on the Company (unless otherwise agreed, or subject to clauses 4.4, 4.5, 4.6, 4.7).
5.4. The Company reserves the right to alter the price of the Services to reflect any increase in the cost of the Services, caused by unforeseen conditions beyond the Company’s control (including, any costs incurred due to omissions on the part of the Customer)
5.5. The waiting time for all address collections shall be free for the first 5 minutes. Thereafter the Customer will be charged 35 pence sterling per minute on the entire waiting time (i.e. including the first 5 minutes). The waiting time for airport, port and station collections shall be free for the first 30 minutes from the time of landing, whereby additional free waiting time can be requested at the time of booking. Thereafter the Customer will be charged 35 pence sterling per minute. No additional charge shall be incurred for flight delays.
5.6. A maximum time of 30 minutes shall be allocated for address collections and 2 hours for airport collections. Non-contact by the Customer shall be regarded as a “no show” and shall be subject to cancellation charges, as specified in clause 6.
5.7. Any pick-ups, drop-offs and other diversions shall be subject to a minimum charge of 5 pounds sterling per diversion/stop.
4.8. Reservations made for Services on selected days during Christmas holidays (on 24, 25 and 26 December), as well as on 31 December and 1 January shall be subject to a surcharge of 50% on the standard price, which is published on the Company’s website.
5.9. All payments made by a credit/debit card may be subject to a booking fee of 2 pounds sterling in addition to the quoted price.
5.10. Any damage to vehicles caused by passengers due to soiling, breakage or any other cause to the similar effect is chargeable at the minimum rate of 70 pounds sterling or more if the driver considers the damage to be greater. This charge is payable in cash, directly to the driver and is over and above the price for the Services quoted by the Company for the booking.
6. LUGGAGE
6.1. Passengers are responsible for ensuring that their luggage is loaded/unloaded from the vehicle at all times if accompanying their luggage. The Company and/or its drivers (including any contracted or sub-contracted drivers) have the right to refuse the Passenger or to make journey due to the Passenger having excess luggage, which would result in the vehicle being unsafe whilst in motion.
6.2. Neither the Company, nor any of its drivers (including any contracted or sub-contracted drivers) will accept responsibility for loss or damage to the luggage.
6.3. The Company will not carry in its vehicles any of the items listed below:
6.3.1. Hazardous and illegal substances
6.3.2. Pets and other animals (other than registered Guide Dogs for the visually impaired)
6.3.3. Large quantities of cash
6.3.4. Any alcoholic beverages
6.3.5. The Company reserves the right to disallow any additional items at its own discretion
6.4. If the Company and/or its drivers (including any contracted or sub-contracted drivers) refuse to provide the Services to the Passenger, due to the Passenger carrying the items listed in clause 5.3., cancellation fees shall apply (see clause 6) and thereafter the Contract shall be deemed terminated.
6.5. Neither the Company nor its drivers (whether contracted or sub-contracted) shall assume any responsibility for any loss or damage to the unaccompanied luggage transported in its vehicles. If the driver is unable to deliver such unaccompanied luggage to the designated recipient, for the reasons beyond his/her control, the driver will return the luggage to our head office, whereby storage and related delivery fees may apply.
7. CANCELLATIONS AND CANCELLATION CHARGES
7.1. A reservation placed by the Customer can be cancelled only after its acceptance by the Company. Such cancellation shall not be binding unless expressly agreed by the Company in writing or per telephone.
7.2. All cancellations initiated by the Customer shall be subject to a cancellation fee, its exact amount depending on the length of the notice period given by the Customer to the Company.
7.2.1. The Company reserves the right to charge the following cancellation fees: 100% of the quoted price: for notices given 0 – 3 hours (inside Greater London) or 0 – 24 hours (outside of Greater London) prior to the booked journey time
7.2.2. 50% of the quoted price: for notices given 3 – 24 hours (inside Greater London) or 24 – 48 hours (outside Greater London) prior to the booked journey time
7.2.3. Non-contact by the Customer shall be regarded as a “no show” and shall be subject to a full cancellation fee (100% of the quoted price)
7.2.4. Full cancellation fee (100% of the quoted price) shall apply if the Company refuses to carry any of the items listed in clause 5.3.
7.2.5. All other cancellations are subject to the minimum cancellation fee of 12 pounds sterling.
8. LIMITATIONS AND EXCLUSIONS
8.1. The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in delivery or in performing, or any failure to perform, any of the Company’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Company’s reasonable control. Such causes include, but are not limited to:
8.1.1. Natural disasters
8.1.2. Wars and other civil disturbances and conflicts
8.1.3. Any acts and regulations introduced by the governmental authority (or the de facto equivalent)
8.1.4. Power failure and comparable system breakdowns
8.1.5. Strikes and any other industrial actions
8.1.6. Traffic accidents and hold-ups
8.1.7. Flight delays and cancellations
8.1.8. Any other instances, which may be reasonably expected to cause a delay or a failure to deliver the Service by the Company to the Customer.
8.2. Liability
8.2.1. These Terms does not exclude or limit any liability:
(a) for death or personal injury caused by negligence;
(b) for fraudulent misrepresentation or for any other fraudulent act or omission;
(c) to pay sums properly due and owing in the normal course of performance of the Services and/or these Terms.; and/or
(d) for any warranty implied by law and/or for any other liability which may not lawfully be excluded or limited.
8.2.2. Executive Airports LTD is not liable to customer whether for breach of contract, tort (including negligence), breach of statutory duty or otherwise) for any:
(a) loss of profit;
(b) loss of sales, turnover, revenue or business;
(c) loss of customers or contracts;
(d) loss of or damage to reputation or goodwill;
(e) loss of opportunity;
(f) loss of software or data;
(g) loss or waste of time; and/or
(h) indirect, consequential or special loss arising out of or relating to these Terms, whether or not such loss was foreseeable or if such loss was advised of its possibility (and, for the purposes of this section 8.2, the term “loss” includes a partial loss or reduction in value as well as a complete or total loss).
8.2.3. Executive Airports LTD shall not be liable or responsible for any errors in or failure to provide the Services due to customer error or failure to provide accurate and complete information.
8.2.4. Whilst we make every effort to ensure that our communication and booking platforms are available, we do not enter into any agreement to the effect that the Services and/or these platforms will be available at all times or that the use by you of them will be entirely uninterrupted or error-free.
8.2.5. Executive Airports LTD’s total liability to the Customer, arising out of or relating to these Terms and/or any Contract and/or the Services and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) shall be limited to the higher of the following:
(a) in relation to any Services provided pursuant to a Contract for all claims arising from, or in relation to, any given event or series of connected events, the amount of the charges payable (whether or not yet paid) by you to Executive Airports LTD for that Contract; or (b) in the aggregate under these Terms: £100 (one hundred pounds sterling).
8.3. The Customer undertakes that:
8.3.1. The Customer will regard as confidential the Contract and all information obtained by the Passenger relating to the business and/or products of the Company and will not use or disclose to any third party such information without the Company’s prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of the Customer’s default
8.3.2. This condition shall survive the termination of the Contract.
9. GOVERNING LAW
The Contract shall be governed by the laws of England and Wales.
10. PRIVACY POLICY
You agree that we may use Personal information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
11. CHANGES TO THE TERMS & CONDITIONS
The Company reserves the right to revise the Terms and Conditions at any time, at its own discretion and without giving any prior notice to the Customer. This copy of our current “T & C” is issued to customers on opening an account with us and governs our general terms of business.
Revised “T & C” will be circulated to account holders.