Creative Cars & Couriers
Terms and Conditions (“conditions”)
1. Definitions and Application
1.1. In these conditions the following words shall have the following meanings:
BIFA Conditions - means the British International Freight Association (BIFA)
2005 Standard Trading Conditions 2005 Edition annexed Click here.
the Company – means Creative Cars & Couriers Limited (Company Number 1911230) of 9-11 Northburgh Street London EC1V 0AH and includes where the context admits its servants agents and Sub-Contractors together with their respective servants and agents and any one or more of them.
the Customer - means the person who enters into an agreement with the Company for the Service.
Consignment - means any Goods which the Company has agreed to carry for the Customer from one place to another.
Dangerous Goods - means Goods of a dangerous or damaging nature and includes (but is not limited to) items that are from time to time prohibited from being carried by the provisions of the European Agreement concerning the International Carriage of Dangerous Goods by road (ADR) as applied in the United Kingdom or authorised only under the conditions prescribed by ADR.
Electronic - means digital or electronic Goods appliances or equipment
Equipment (including but not limited to cameras, computers (including notebooks, pads and other types or styles thereof), CD/DVD/mp3 players/recorders, phones and measuring equipment).
Excluded Goods - means cash and in addition securities (including cheques, bankers drafts, bonds, share certificates, bills of exchange, promissory notes), stamps, photographs, deeds, documents of title to property, valuables, jewellery, precious stones, gold, silver and other precious metals, non-ferrous metals (other than in component form), antiques and works of art (including original paintings, drawings, sketches, limited edition prints, sculptures and the like) watches, furs, drugs, human remains, fuel or waste of any type, spirits, tobacco and cigarettes brittle/fragile breakable articles (including but not limited to glassware and mirrors), animals, livestock, plants, produce and Dangerous Goods.
Goods - as defined in the BIFA Conditions 2005
Luggage & Personal - means the items used by a Passenger (including suitcases, bags
Items or other similar items) to hold his/her personal possessions during the Service.
Passenger/s - means any one or more persons (including the Customer where
applicable) who the Company agrees to transport from one place to another.
Price List - means all and any one of the Company’s lists of its charges for the Service, cancellation fees and any ancillary charges whether quoted to the Customer or as published on the Company’s website or otherwise notified to the Customer prior to or at any time of the booking.
Seizure or - means any detention of the Consignment or part thereof by the
Forfeiture Police, HM Revenue & Customs, Border Agency or other statutory or regulatory body whether in the UK or overseas.
Service - means the carriage of Goods or Passengers requested by the Customer.
Sub-Contractor/s - means any person the Company uses to perform the whole or any part of the Service.
Temperature means Goods which are subject to decay, deterioration or
Sensitive Goods - damage if not held under refrigerated conditions.
Vehicle means the vehicle or means of carriage (of whatever nature) used by the Company to perform the Service.
1.2 These conditions incorporate BIFA Conditions 2005 but where there is a conflict between the same and these conditions then these conditions prevail.
1.3 Cancellation fees will apply in the circumstances set out in these conditions.
1.4 In these conditions the masculine gender includes the feminine and neuter genders and vice versa and the plural include the singular and “person” includes a company, firm or other entity as well as an individual.
BIFA Conditions 2005 apply in relation to the Service provided by the Company
subject to these terms and conditions and where there is any conflict between them
these terms and conditions shall override.
2. CARRIAGE OF GOODS
2.1.1 The Customer shall ensure that the Consignment is properly protected and packaged and warrants that the packaging of the Consignment is sufficient to withstand the ordinary rigours of transit. The Company does not provide a packing or packaging service. The Company shall be under no obligation to accept, carry or deliver a Consignment if in the opinion of the Company, it is insufficiently packaged. The Consignment may be handled on numerous occasions in the course of the Service. Without limitation the Customer is advised to pay special attention to the packaging of fur
niture, electronic equipment and any other equipment sensitive to physical damage.
2.1.2 The Company’s liability to the Customer is limited. The Customer is responsible for effecting its own insurance cover for the full value of the Consignment.
2.2.1 The Customer must order the correct form of carriage in relation to a Consignment. The following weight limits apply for carriage of a Consignment:-
by bicycle – 5kg;
by motorcycle- 8kg;
by van - 32kg;
If the maximum weight of a Consignment exceeds 32kg or if more than one person is needed to move the Consignment the Customer must notify the Company on booking of the correct weight and volume of the Consignment so that the correct number of operatives is booked.
2.2.2 By making the booking the Customer warrants that the Consignment does not exceed the relevant weight limit for the type of carriage booked.
2.3.1 The Customer shall ensure that the Consignment is ready and available at the collection time agreed between the Customer and the Company at the time of booking.
2.3.2. The Company will allow 9 minutes for loading, unloading or waiting when picking up or delivering any Consignment after which period the Company will be entitled to make an additional charge in accordance with the Price List for the total loading/waiting time including the first 9.
2.3.2. If the Customer fails to deliver the Consignment to the Company’s operative for carriage within 30 minutes of the agreed collection time the Customer will be deemed to have cancelled the booking and a cancellation fee will apply in accordance with the Price List. The Company may at its option reinstate the booking and charge an additional fee in accordance with the Price List for the total period of waiting including the first 9 minutes.
2.4. The Company’s operative will perform a Health & Safety risk assessment prior to loading any Consignment and may refuse to carry the Consignment if as a result thereof he considers it exceeds the relevant weight limit referred to above or unsafe to carry or load. In such case the Company reserves the right to cancel the booking, charge a cancellation fee in accordance with the Price List and re-book the Service with the appropriate Vehicle and/or equipment and the Company shall not be liable for any loss to the Customer (whether direct or consequential) which may arise as a result.
2.5. The Company will endeavour to complete the Service promptly and effectively but does not guarantee delivery of any Consignment by any specific time and will not be liable for any direct or consequential loss caused to the Customer or any other party as a result of alleged delay in completion of the Service.
2.6.1 Where the Company is unable to make delivery of all or part of a Consignment as requested by the Customer the Company shall take all reasonable steps to notify the Customer of non-delivery and seek the Customers further instructions. Pending such instructions the Company shall hold the Consignment (or the non-delivered part) at the sole risk and expense of the Customer and the provisions of clause 10(a) BIFA Conditions 2005 shall apply.
2.6.2 Redelivery or return of the Consignment will incur a further charge in accordance with the Price List.
2.6.3 If the Customer fails to provide further instructions within 24 hours of notification of non-delivery, the Company may give the Customer 28 days written notice that, in the absence of reasonable instructions for re-delivery or collection, it will dispose of the Consignment and the relevant provisions of BIFA Conditions 2005 shall apply.
2.7.1 The Company shall not be liable for any loss non- delivery or mis-delivery of or damage to any Consignment resulting from:-
a) any cause which the Company was unable to avoid or prevent by the exercise of reasonable diligence.
b) Seizure or Forfeiture of the Consignment.
c) any act, omission or misrepresentation by the Customer or the consignee
d) insufficient or improper packing labelling or addressing.
e) the nature of the Consignment including but not limited to inherent liability to natural deterioration or wastage and/or inherent defect. The Company does not provide refrigeration facilities and shall be under no liability whatsoever for any loss or damage to Temperature Sensitive Goods.
f) without prejudice to the foregoing any act, omission (including but limited to failure to observe or comply with these terms and conditions) or misrepresentation by the Customer of the consignee.
2.7.2. The Company shall not be liable for any consequential losses arising from loss, mis-delivery or damage to any Consignment, nor for any breakdown of or derangement to any Electronic Equipment or machinery within a Consignment.
2.7.3 The Company shall not be liable for loss or damage to a Consignment reported after it is tendered at the consignee’s address, whether or not caused or contributed to by the Company.
2.7.4 The Company shall not be liable for any loss, damage or mis-delivery of Excluded Goods accepted for carriage and all Excluded Goods are carried strictly and entirely at the Customers own risk.
2.7.5 Without prejudice to the foregoing sub-clauses the Company’s liability for loss of or damage to any Consignment shall not exceed a sum equal to £15 per kilogram of the gross weight of the Consignment (up to a limit of (£150) where the weight has been measured and recorded by the Company and in all other cases the Company’s liability in respect of any one Consignment is limited to £2000.00.
2.7.6 The Customer must supply the Company with valid documentary evidence of the value of a Consignment (or part) alleged lost or damaged (including, but not limited to, the original invoice, or valuation current at the time of the claim) when making any claim.
2.8. The Company shall have a general lien and power of sale in respect of the Consignment in accordance with BIFA Conditions 2005.
- CARRIAGE OF PASSENGERS & LUGGAGE
3.1.1 The Customer contracts for itself and as agent on behalf of all Passengers and
must inform the Company at the time of booking of the number of Passengers
and the amount weight and number of items of Luggage & Personal Items
involved at the time of booking so that the correct number and type of Vehicle
and operatives are booked.
3.1.2 If at collection the Luggage & Personal Items and/or number of Passengers
exceeds the booking the Company reserves the right to add to the booking
with the appropriate vehicle and/or equipment and charge the Customer in
accordance with the Price List or at its option to cancel the booking and
charge a cancellation fee in accordance with the Price List and re-book the
Service with the appropriate Vehicle and/or equipment and the Company shall
not be liable for any loss to the Customer (whether direct or consequential)
which may arise as a result.
3.2.1 The driver of the Vehicle is responsible for its safety and that of its occupants.
3.2.2 The driver has discretion to prevent any Passenger whose conduct he believes
to be threatening, drunken or disorderly, abusive, dangerous or in breach of any statutory regulation from boarding the Vehicle or to require their removal from it.
3.2.3 The Customer is responsible for the conduct of any Passenger and shall indemnify the Company for any damage or injury caused to the Vehicle,
the driver or any third party or any of their property by any Passenger
including but not limited to cleaning costs following any spillage or soiling of
the Vehicle and any loss of earnings suffered by the Company due to the
Vehicle being out of use during such cleaning.
3.2.3 All Passengers must wear seat belts and comply with all application legislation
3.3.1 Luggage & Personal Items and the loading of the same into and unloading from the Vehicle are and remain at all times the responsibility of the Passenger. The Company accepts no responsibility for any loss of /damage to Luggage & Personal Items whatsoever or for any consequential losses arising in respect of the failure of a Passenger to load or unload any Luggage & Personal Items.
3.3.2 If a Passenger leaves any Luggage & Personal Items (or other items) behind in the Vehicle upon completion of the Service the Company shall, if it can identify such items as belonging to the Passenger, inform the Customer that such Luggage & Personal Items or other items have been found, and when and where they can be collected from the Company and shall have no further liability in respect thereof.
3.4.1 The Passenger(s) and any Luggage & Personal Items must be ready for collection at the time agreed with the Customer when the booking is made and the Company will allow 9 minutes for waiting or loading. If all booked Passengers have not boarded and loaded their Luggage & Personal Items into the Vehicle within 9 minutes the Company reserves the right to charge the Customer for the total loading/waiting time including the first 9 minutes in accordance with the Price List.
3.4.2 The Company reserves the right to treat the Service as cancelled if the Passenger(s) and all Luggage & Personal Items are not ready for collection after expiry of the first 9 minutes and charge a cancellation fee plus charges for waiting/loading time in accordance with the Price List.
3.5. The Company will not carry :-
a) any unaccompanied children under 14 years of age.
b) any animal save for Guide Dogs accompanying registered blind Passengers.
3.6.1 The Company will endeavour to complete the Service promptly and effectively but does not guarantee completion of any journey by or within any specific time and will not be liable for any direct or consequential delay or inconvenience caused to the Passenger or the Customer by the actual journey time involved (including but not limited to missed flights and hotel costs).
3.6.2. The route taken for any journey will, unless otherwise instructed by the Passenger before the commencement of the Service, be at the driver’s discretion and in any event will be subject to road, traffic and weather conditions.
4. GENERAL CONDITIONS
4.1. The Service shall commence upon the arrival of the Vehicle for collection of the Consignment or Passenger(s) at the place of collection designated by the Customer and (subject to BIFA Conditions 2005 as applicable) terminate upon delivery (or tendering of delivery) of the Consignment or Passenger(s) at the agreed address.
4.2.1 The Company may engage any agent or Sub-Contractor to perform the Service and shall provide the name of such agent or Sub-Contractor to the Customer upon request. Subject to sub-clause 4.2.2 below, the Company contracts for itself and on behalf of its agents and Sub-Contractors.
4.2.2 The carriage of any consignment by rail, sea, inland waterway or air is arranged by the Company as agent of the Customer and shall be subject to the terms and conditions of the relevant Sub-Contractor.
4.3. The Company is not a common carrier and only accepts Goods and Passengers upon these terms and conditions which shall apply to the exclusion of any other terms and conditions (including those of the Customer). No employee agent or Sub-Contractor of the Company is authorised to alter or vary these Conditions.
4.4. If the Customer shall cancel the Service or any part after despatch of the Vehicle by the Company then a cancellation fee shall apply in accordance with the Price List.
4.5. Neither the Customer (nor any Passenger) shall require the driver of a Vehicle to break any provisions of the Road Traffic Acts, or the rules contained in the Transport Act 1968, as amended; the AETR Agreement, or the EU regulations (EC Reg. 561/2006 as amended) relating to driver’s maximum daily hours and rest periods.
4.6.1 The Company’s charges are based upon the Price List plus Value Added Tax at the prevailing rate and charges based upon weight are calculated by reference to the gross weight of the Consignment as measured and recorded by the Company but the Company reserves the right to charge alternatively on the volume of the Consignment.
4.6.2 Invoices are due for payment in full within 30 days from the date of the invoice. No deduction or set off in respect of any alleged claim against the Company is to be made.
4.6.3 If an invoice is not paid in full within 30 days from the invoice date interest will run from the invoice date on all outstanding amounts at an annual rate of 6% above the Bank of England Base Rate current at the date of the unpaid invoice. Where the Customer is a commercial entity, interest and penalties shall be charged pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
4.6.4 The Company may send all invoices credit notes and statements to the Customer electronically. If the Customer requires paper invoices or credit notes (or does not provide the Company with a valid email address) the Company will use the postal service and reserves the right to make an administrative charge in respect thereof.
4.6.5 Any query in relation to any invoice must be made in writing within 7 days of the date of the invoice.
4.7. The Company tracks progress and records completion of a delivery electronically and the Company’s records shall in the absence of manifest error be deemed to be a full and complete record and binding on the Customer.
4.8 The Customer shall indemnify the Company from and against
4.8.1 all claims demands proceedings expenses loss ( including loss of or damage to a Vehicle) damages fines penalties and sanctions of whatever nature howsoever arising from (and whether or not reasonably foreseeable) any act or omission or negligence of the Customer (including but not limited to breach of these conditions) and /or any Passenger (including fraud) and without prejudice to the foregoing as a result of the Company complying with the Customer’s instructions.
4.8.2 any claims or demands against the Company in excess of its liability under these conditions.
4.8.3 such others matters as provided by BIFA Conditions 2005 not provided for above.
4.9 If any provision contained in these conditions is held by any court or other competent authority to be void or invalid or unenforceable whether in whole or in part such provision shall be deemed severed from these conditions and the remainder of these conditions and of such provisions shall continue in full force and effect.
4.10 The law of England and Wales shall apply to these conditions and any dispute between the Customer and the Company shall be subject to the exclusive jurisdiction of the English courts.
4.11 Without prejudice to and notwithstanding the foregoing provisions of these conditions the Company shall:-
4.11.1 have no liability in respect of any claim for damage to a Consignment and Luggage & Personal items unless a claim with full particulars and evidence is lodged in writing with the Company within 14 days after the date of termination of the Service (as stated in clause 4.1).
4.11.2 stand fully discharged of all and any liability in respect of the Service if the Customer shall not have commenced proceedings in accordance with clause 4.10 above and served such proceedings upon the Company within 9 months of such date of termination of the Service.