Scotland’s Chauffeur                     

Terms and Conditions of Hire

 

By browsing this website, users accept our Terms and Conditions of Hire.

Definitions/Disclaimer

All business between clients and Scotland’s Chauffeur is a transaction based on the terms and conditions defined below. When any client places an order of assumption, therefore, is that the client agrees to all the terms and conditions defined here on this website.

The terms “Scotland’s Chauffeur” “the company” “our company” “the supplier” “agents/suppliers” “service”, “we”, “us”, “their” and “our” when used in these terms and conditions of hire mean Scotland’s Chauffeur and its associated companies, agents and subsidiaries. The terms “you”, “your”, “you’re”, “client(s)”, “their”, “person(s)”, “the hirer”, “customer(s)” and “passenger(s)” when used in these terms and conditions of hire mean any user of this website. “Airport transfer”: The provision of a service between an agreed arrival airport and an agreed destination as specified by the customer. “As directed”: The provision of a service with an agreed pick-up point but without a fully defined journey plan or termination point. “Business Day”: a day other than a Saturday, Sunday or public holiday in Scotland when banks are open for business. “chauffeur”: means the driver of the vehicle provided by the company to fulfil the provision of the services. “charges”: the charges payable by the customer for the supply of the services in accordance with “2. Pricing”. This website may contain links to external websites maintained by other organisations as part of our service. These links are provided for your information only and we do not endorse the views expressed within such external websites. Scotland’s Chauffeur do not exercise any control of any kind over the content of externally provided websites and we do not accept responsibility for them or any loss or damage that may arise from your use of them. The entire content on “scotlandschauffeur.com” based web pages is copyright with all rights reserved and remains the property of Scotland’s Chauffeur. Information supplied on this website is for guidance only and does not in any part form a contract between us or constitute an offer by us or a representation on which reliance is intended to be placed, and may be subject to change without notice. Reasonable effort has been made to ensure we provide accurate and current information. We accept no responsibility for any loss which may arise from reliance on information contained in this website. By using this website, you acknowledge that you have read and you agree to be bound by and comply with these terms and conditions. No warranty shall be given that this website and/or the service shall be available on an uninterrupted basis, and no liability shall be accepted in respect of losses or damages arising out of such non-availability. We shall not be liable to you for any loss of profit, loss of anticipated revenue (whether direct or indirect) or any consequential or indirect loss. You agree that information or material accessed or downloaded through our web pages are carried out entirely at your own risk. Use of any information obtained from the internet is entirely at your own risk. Images may be downloaded from this website if only for personal use and not for reproduction. Scotland’s Chauffeur and our agents/suppliers accept no liability for any losses or damages (whether direct or indirect) arising from your use of this website or your reliance on information contained on this site, except that which is unlawful to exclude. Scotland’s Chauffeur and our agents/suppliers will not be held responsible for any missed connections due to traffic congestion, adverse weather or other delays. We reserve the right to make changes to our terms and conditions and website without prior notice. However, we give no warranty as to the accuracy or currency of the information on this website.

1. Contract Price/Quotation

Contract price/quotation shall be in UK Sterling (GBP) and subject to value added tax (VAT), chargeable at the current rate as outlined by the UK Government. All quotations are based on a single collection and destination point unless otherwise stated and are subject to availability and valid for 30 (thirty) days. The contract price/quotation is based on the duties outlined by the client and will remain unchanged unless alterations are made by you to the journey itinerary after the reservation has been made. Any such variants shall be charged to you accordingly as shown on this page – “6. Bookings and Amendments”. No service charge is included and gratuities are wholly at the discretion of the client and form no part of our pricing. All invoices are issued in UK Sterling (GBP) and the account held customer shall pay in full each invoice submitted by the supplier within 30 (thirty) days of the date of the invoice to the bank account nominated in writing by the supplier. For non-account customers, bookings are not confirmed until payment in full is received which must be prior to the date of travel. We are under no obligation to carry out any service offered whether or not your booking has been confirmed or paid in full – “24. Fitness to Travel/Disorderly Behaviour”.

2. Pricing

Quotations are based on the requirements outlined by you are calculated in accordance with the supplier’s fee rates and are subject to availability. An hourly rate is available for all requirements as shown on our website “Tariff” page and is chargeable at a minimum 4 (four) hours hire with each additional hour (or part thereof) chargeable at our current hourly rate. Tours are chargeable at a minimum rate of 8 (eight) continuous hours in any given day with any additional hours chargeable at our current hourly rate (or part thereof).  “As directed” travel with hourly rates calculated from when leaving and arriving back at our car garage upon completion of service. “Day hire” rate means any period of 8 (eight) continuous hours with up to a total of 120 (one hundred and twenty) miles of travel and are calculated from when leaving and arriving back at our car garage. Travel commencing or terminating any time during the hours of midnight and 06.00 hours shall be subject to an “unsocial hours” additional charge of 50% (fifty percent). An additional charge of 50% (fifty percent) shall also be levied for transfers carried out on 25th December and 1st January. Prices and product availability are subject to change without notice and the supplier reserves the right to increase the charges on an annual basis with effect from each anniversary of the commencement date in line with the percentage increase in the Retail Prices Index. No commissions will be paid to any third party or travel agent. All quotations are free of any commissions, valid for one calendar month and excludes any incurred expense such as parking which will be charged at cost. Each additional journey or duty requested on the day, will be charged at our current hourly rate. (or part thereof). All amounts payable by the customer under the contract are inclusive of amounts in respect of value added tax (VAT) chargeable.

3. Payment Policy

To secure your car service, Scotland’s Chauffeur require that non-account customers make payment in full at time of booking. Your travel will not be confirmed until your invoice has been paid in full in one single transaction. We do not accept deposits to secure any car service. We accept payment by bank transfer or debit/credit card only. To withstand any fraudulent activity, payments from new clients have their initial order settled only by bank transfer. Any subsequent card transactions are to be carried out solely by the card holder via our website’s secure payment portal (Stripe platform) where we have no access to any sensitive information. There is a significant risk posed by cyber fraud, specifically affecting email accounts and bank account details. Our bank account details WILL NOT change during the course of any transaction, and we shall NEVER notify you of any change our bank details via email. Check account details with us in person if in any doubt whatsoever. If you receive an email from us with client account bank details, you should telephone immediately to verify and not the number shown on any such email. We will not accept responsibility if you transfer money into an incorrect account.

4. Account

Account facilities are available upon request to clients supported by satisfactory bank references. For account customers, our terms are strictly 30 (thirty) days net and without prejudice to any other rights it may have. Scotland’s Chauffeur are entitled to charge interest at 2% (two percent) above the current base rate of The Royal Bank of Scotland on overdue payments of the price of the service or the price of any instalments thereof. Such interest to run from the due date for payment until payment in full is received whether before or after judgement.

5. Costs

All services offered on our website are an invitation to order chauffeured services. It is not an offer to provide our services at the listed price nor is this binding on us. Any additional costs incurred on the journey (including parking) shall be charged to the client named on the contract at cost. Should any penalties be issued to our drivers/cars as a result of your instructions then the customer will be invoiced accordingly.

6. Bookings and Amendments

By placing an order, the hirer agrees they are legally capable of entering into binding contracts and that you are minimum 18 years of age. Terms and conditions of contract shall commence on the date we accept your booking. The commencement date and subject to earlier termination or cancellation as described in these terms and conditions shall continue to be in force for the term agreed at time of booking. Ensure that accurate details are provided as any subsequent change(s) after your confirmation are not always possible due to other commitments. All revised collection times must be confirmed by email with request for reply confirmation of its safe receipt from our company and we will confirm the re-scheduling of your booking. Written notice must be given for all amendments to the company as soon as possible. Legislation dictates that all travel bookings require a minimum of 24 (twenty-four) hours notice. All invoices and receipts are posted electronically in PDF format with paper copies available upon request.

7. Notice

Any notice given by you must be submitted by email to “travel@scotlandschauffeur.com” or telephoning our main office on +44 (0)1292 388488 and then validated with confirmation reply of its safe receipt from our company. 

8. Waiting Time

1:  Airport transfers – the first 60 (sixty) minutes of waiting are included in the contract price. Should any additional airport costs be incurred, then these shall be chargeable by invoice. Due to unwarranted airport charges, your chauffeur will not access the airport parking area until a minimum period of 15 (fifteen) minutes has elapsed since the arrival of your flight unless you dictate otherwise. 

2:  All other transfers – the first 30 (thirty) minutes are included as complimentary waiting time. Thereafter, waiting time will be charged at our current hourly charge prorated at 15 (fifteen) minute intervals. 

9. Supply of Service

We make every effort to be at your pick-up point at any agreed time, we may however, encounter a situation where road traffic conditions are out of our control and you experience a delay. Whilst the company shall use reasonable endeavours to procure that the chauffeur adheres to any itinerary specified in the order, such obligation shall not be of the essence of the contract and the company shall not be held responsible for loss or inconvenience arising from the delays in journey duration attributable to traffic or weather conditions, breakdown or otherwise. In the event of any breakdown of the car, the company shall use reasonable endeavours to ensure that an alternative car attends at the earliest opportunity to recommence the provision of the services. The customer acknowledges and agrees that the chauffeur shall have the absolute discretion to refuse to transport any passenger(s) deemed by the chauffeur unfit to travel.

10. No-Show Policy

Should you fail to be at your designated pick-up location for which a reservation has been made, then any monies paid or agreed are non-refundable. 

11. Cancellation and Refund Policy

We may at any time cancel the order, whether during the initial term or otherwise, should our chauffeur deem any passenger unfit to travel or conducting themself in a disorderly or aggressive manner. The chauffeur’s decision will be final “24. Fitness to Travel/Disorderly Behaviour”. We may at our sole discretion cancel the service booked by you in the event that you fail to pay the agreed amount prior to commencement of service, any details submitted by you are found not to be accurate, cease to be valid or any service/s omitted. Cancellation of orders made whatsoever shall be without prejudice to any rights or liabilities accrued at the date of cancellation. All reservations should be cancelled by yourself at least 24 (twenty-four) hours prior to the scheduled service collection time otherwise a late cancellation or a no-show fee will apply. If a reservation is cancelled less than 24 (twenty-four) hours and more than 12 (twelve) hours before the service is scheduled to commence, the company shall be entitled to payment from the customer of a cancellation fee from the customer equal to 20% of the total charges due. Any reservation cancelled less than 12 (twelve) hours and more than 6 (six) hours prior to when the service is scheduled to commence, the company shall be entitled to obtain a cancellation fee from the customer equal to 50% (fifty percent) of the total charges due. Cancellation of less than 6 (six) hours will result in a fee equal to 100% (one hundred percent) of the total charges due. Leaving the pickup location without notifying Scotland’s Chauffeur will result in a no-show fee equal to 100% (one hundred percent) of the total charges due. Any cancellation where your payment was made to Scotland’s Chauffeur by card (Stripe platform), shall be refunded minus all commissions already paid to Stripe by Scotland’s Chauffeur. To avoid any late cancellation or no-show fee being applied, your reservation must be cancelled in accordance with this policy. To do so, either telephone our main office +44 (0)1292 388488 or email “travel@scotlandschauffeur.com”, requesting confirmation of safe receipt by our company.

12. Force Majeure

The company shall not be in breach of the agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond its reasonable control, including but not limited to any of the following: war, riot, industrial dispute, terrorist activity and the consequences, natural or nuclear disaster, fire, extreme or adverse weather conditions, failure in information technology or telecommunications services or failure of a third party. The company shall not pay to you any compensation if your travel arrangements require to be cancelled or changed in any way as a result of mechanical failures, unusual or unforeseeable circumstances beyond our control.

13. Responsibilities

UK legislation states that while travelling, all passengers must ensure seat belts are correctly engaged. It is the responsibility of each passenger to ensure their own personal seat belt is properly secured whilst the car is in motion. In addition to the terms detailed on this page “12. Force Majeure”, the company does not accept responsibility for delays caused by road traffic incidents or other traffic conditions. The company does not accept responsibility for the theft or damage of any item belonging to any of the passengers travelling in our cars or the cars of our agents/suppliers. Any passenger(s) leaving possessions or items in our cars or within the cars of our agents/suppliers, do so entirely at their own risk.

14. Third Party Rights

Any person not a party to this contract is not entitled to enforce any of its terms under the Contracts Act 1999. (Rights of Third Parties).

15. Car Service/Office Hours

Car Service: 24 Hours – 365 Days.  

Office Hours: 07.00 – 21.00 – 7 Days.   Closed: 25th December and 1st January. 

16. Children

Legislation states that all passengers must engage seat belts and that children require additional appropriate restraints. The company will not provide child safety seats and it is the customer’s responsibility to provide and install their own child safety or booster seats. The parent or guardian is wholly responsible for the safety of the child/children in their charge at all times.

17. Luggage

Luggage and property remain at all times your responsibility and Scotland’s Chauffeur and our agents assume no liability whatsoever for any lost, damaged or misplaced personal item or items left in our cars. Your luggage is to be placed in the luggage compartment provided and your chauffeur must agree to any item that you wish to carry in the car with you. A reasonable amount of luggage is permitted, but luggage which, in the opinion of the chauffeur, amounts to an excessive weight or bulk will not be carried. It is the client’s responsibility when reserving the booking, to ensure that the car requested has sufficient space and weight allowance to accommodate the carriage of said luggage. We reserve the right to refuse to carry any luggage or part of luggage we deem unsuitable.

18. Flight Delays/Diversions

The company shall monitor your flight progress based on the information available and your chauffeur shall amend their own arrival time accordingly. If, however your flight arrival time is amended due to delays following the chauffeur’s arrival at the airport, then additional waiting time shall be charged at our current hourly rate (or part thereof). If, as a result of extreme delays or missed flight and your chauffeur is required to return to the airport for collection, then this shall be at the convenience of Scotland’s Chauffeur. Should mid-flight, your aircraft is diverted to an alternative airport, we are entitled to charge the full rate already agreed and no refund will be given. Due to other obligations in place, collection from your revised airport will be at the discretion of Scotland’s Chauffeur as we will not cause hindrance or inconvenience to other clients. To ensure your chauffeur is available for your re-scheduled arrival, please inform our main office by telephoning +44 (0)1292 388488 as soon as you become aware of any delay to your scheduled arrival time.

19. Route

The direction of travel adopted will be at the chauffeur’s discretion and take the best possible route to their knowledge unless instructed otherwise by the client. Variations to the journey instructed by the client that involves additional time and/or mileage, will be subject to an additional charge.  In the event of traffic congestion, your chauffeur may amend the route if necessary to endeavour to deliver you to your destination on time. No allowance will be made to the hirer on the grounds that the route adopted is not necessarily the shortest. The company does not accept responsibility for any delays or missed appointments (flight or otherwise). Your chauffeur will drive at a speed deemed to be safe in their own opinion and in accordance with the prevalent road conditions and traffic at any particular time. The hirer must not request or act in any way which contravenes or causes to contravene any part of the UK legislation which applies to the use of cars as applied under the road traffic act.

20. In Car WIFI

Any connection facilitated through wired or wireless technology has significant privacy, security and confidentiality risks inherent in accessing the world-wide internet. The transmission and download of information or materials is entirely at your own risk and the company and our agents/suppliers accept no responsibility for any interception of transmissions, file corruption, loss of data, hacking and/or damage to your network or equipment through accessing this service. You are required to confirm your requirement at time of booking so as to ensure this is available to you. If for any reason, this should prove not to be operational for any part, or all of your journey, then no compensation shall be offered, as this is a complimentary service offered by our company. Signal strength can vary geographically and at any given time.

21. Smoking/Vaping Policy

Scotland’s Chauffeur maintain a strict no smoking and no vaping policy in all our cars and this also applies to all cars operated by our agents/suppliers.

22. Conveyance of Animals

Assistance dogs are permitted to travel in cars operated by Scotland’s Chauffeur and in the cars operated by our agents/suppliers. This must be declared at the time of reservation.

23. Cars

Scotland’s Chauffeur endeavour to supply you with the car group booked at all times. However, the company reserves the right to provide a similar car if such cars are not available. The maximum seating of the car shall be determined by the company and shall not be exceeded. It is the passenger(s) responsibility to ensure that any seat belt provided in the vehicle is worn by them and the supplier consequently excludes any liability to the customer and/or the passenger(s) attributable to any such failure. Your chauffeur is wholly responsible for the opening and closing of luggage carrying areas and all car doors at all times. Doors will only be opened by your chauffeur when the car is stationary and safe to do so.

24. Fitness to Travel/Disorderly Behaviour

The client named is responsible for the behaviour of all passengers and informing them of the provisions of this agreement. They are responsible for ensuring that any passenger’s conduct does not threaten their own, the drivers or any other person’s safety. Scotland’s Chauffeur and our agents reserve the right to refuse travel to any person deemed to be a nuisance or danger to our passengers or employees including where any passengers are carrying or using any illegal substances or weapons. The customer acknowledges and agrees that the chauffeur shall not tolerate any foul or profane language whatsoever and has the absolute discretion to refuse to transport any passenger(s). Any person that appears to be under the influence of drugs or alcohol and whose behaviour whilst in that state poses a threat to the chauffeur, the car or any other passenger(s) shall have their own travel terminated. In the event that any passenger(s) in the opinion of the chauffeur are behaving in an unacceptable manner, then the customer acknowledges that the chauffeur may terminate the contract and cease the provision of the service even if not completed. Such termination shall not remove the responsibility from the customer to settle all sums due to the supplier which shall be payable. If necessary, Scotland’s Chauffeur and our agents/suppliers may request the police to assist in removing any offenders from our cars. In circumstances listed, no refund will be issued and no compensation will be paid. Scotland’s Chauffeur will not tolerate any verbal or physical abuse to another passenger, any member of our staff or the staff of our agents/suppliers.

25. Damage

If any of our cars or any car belonging to our agents/suppliers are damaged or soiled as a result of passenger(s) actions, we will fully charge the client named on the contract for the full amount. The customer shall indemnify the supplier on demand for any damage caused by the passenger(s) to the interior or exterior of the car and for all cleaning and valet costs if any passenger(s) in any unreasonable way causes the cleanliness of the car to be of an inferior standard than that which prevailed at the commencement of travel.

26. Chauffeurs

As well as your own confirmed car service, your chauffeur will frequently have other “same day” driving obligations to accomplish. Consequently, any request made by you, the hirer, directly to the chauffeur will only be fulfilled if unlikely to cause hindrance or inconvenience to another client. All travel confirmed at the time of booking will be carried out as stated in these terms and conditions. Whilst we endeavour to provide you with the same chauffeur for the duration, this may not always be possible due to other duties already confirmed. No one other than your chauffeur, is entitled to drive the car.

27. Insurance

The cars and chauffeurs of Scotland’s Chauffeur are fully insured including public liability.

28. Warranties and Liability

We warrant that our services will be performed using reasonable care and skill. Our total liability to you shall not exceed the lesser of the price or money actually received from you for the services in respect of which a claim has been made and we shall have no liability to you for loss of profits, goodwill, reputation, business contracts, revenue, production, anticipated savings, nor from losses arising from third party claims which arise in connection with the services nor any other losses or expenses and we shall have no liability to you for any indirect, special or consequential loss, damage costs or expenses including labour, or the hiring of a replacement car.

29. Miscellaneous

If any provision of these terms and conditions are found to be invalid or unenforceable by a court of law, it shall be severed from the rest of these terms and conditions which shall remain unaffected. We may subcontract, assign or transfer our obligations or rights to a third party or to any associated company whether in whole or part. You may not assign or transfer any of your rights or obligations without our written consent. We accept no responsibility to agent or supplier claims on the number of passengers being carried in the car. Any comments made by our agents/suppliers or employees will be classed as personal opinion and will not represent the views of the company. Selection of car type allocated shall be based upon the passenger information given by the hirer.

30. Complaints

Scotland’s Chauffeur aim to provide an exceptional level of service. If you are unhappy with any aspect of your journey, the hirer should seek assistance from either the chauffeur or the company. If this has not provided a remedy, complaints should then be submitted in writing to Fairlie Lodge North, Fairlie Country Estate, Ayrshire KA2 9AL or by email to “travel@scotlandschauffeur.com” within 14 (fourteen) days of the termination date of hire where the company shall carry out an immediate investigation.

31. Governing Law

Our terms and conditions of hire are governed by and construed in accordance with the law of Scotland. Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the contract or its subject matter or formation shall be subject to the exclusive jurisdiction of the courts of Scotland.