1. Definitions and interpretation

1.1 Definitions
In these terms:
“Account Booking” means any booking made by the Customer on the Customer’s personal or business account with Goldline Car Services Limited, Invoiced for and paid for by Bank transfer, Cheque, Bank draft, credit or debit card, in accordance with clause 5;

"Application Form" means the completed application form (in the form notified to the Customer by Goldline Car Services Limited) from a Customer to Goldline Car Services Limited;

“Cash Booking” means the provision of Services to the Customer by the driver for which payment is due directly to the driver and, for the avoidance of doubt, is not a pre-booked service to be paid for on the Customer’s business or personal account (being an Account Booking);

"Contract" means an agreement for the sale or supply of Services by Goldline Car Services Limited or the driver to the Customer;

"Customer" means a person or organisation with whom Goldline Car Services Limited has made or wishes to make an agreement for the supply of Services whether for itself or on behalf of a
driver;

"Price List" means the price shown in the lists, catalogues or other publications published in paper or in electronic form, by Goldline Car Services Limited or on any web page of Goldline Car Services Limited;

“Services” means the provision of or carriage in a private hire vehicle.

"Terms" means these terms and conditions and any additional terms and conditions identified on the Goldline Car Services Limited website as applying from time to time. “Partner” means any individual or organisation acting expressly on behalf of Goldline Car Services Limited, with the sole aim of facilitating the delivery of “the service” to the Customer.

“Agent” means any individual or organisation acting outside of Goldline Car Services Limited’s direct control and by prior arrangement with and direct knowledge of “the Customer” in so much as “the Customer” wishes to access the services provided by Goldline Car Services Ltd. Where circumstances mean “the Agent” is also “the Customer” all activities undertaken will be done so under the terms and conditions expressed within this document and none other.

2.General
2.1 This Application Form as sent to Goldline Car Services Limited, whether in hard copy, via email or online through the website www.goldlinecars.co.uk is an offer by the Customer to enter into a Contract with Goldline Car Services Limited for the provision of its Services on an Account Booking basis.

2.2 Every Contract shall, unless otherwise expressly agreed in writing between the Customer and Goldline Car Services Limited, incorporate these Terms.

2.3 The Customer accepts these Terms by entering into a Contract. Acceptance may be given in writing or by conduct, by sending the completed Application Form or otherwise. No terms endorsed upon, delivered with or contained in the Customer's purchase order, confirmation of order or other document nor any other variation of these Terms shall form part of a Contract unless expressly agreed in writing by Goldline Car Services Limited.

2.4 All quotations and tenders by Goldline Car Services Limited (which are valid only for the period stated or, if no period is stated, for 30 days after their date of issue) are indicative only and do not constitute an offer capable of acceptance so as to give rise to a binding contract. Goldline Car Services Limited may vary the specifications and details of the Services in Goldline Car Services Limited's catalogues, web sites and brochures from time to time.

3.Bookings
3.1 All Bookings whether Cash or Account must be made via the Goldline Car Services Limited offices, or via one of Goldline’s recognised agents or partners as described within this document. Goldline Car Services Limited will accept no responsibility or liability for any private undertaking with a driver or through any third party other than those recognised as an official agent or partner Goldline Car Services Limited.

3.2 No Account Booking or amendment to a booking; will be accepted by Goldline Car Services Limited unless the Customer's account code (supplied upon the opening of the account) and the account password (also determined upon opening of an account) is quoted. Goldline Car Services Limited is entitled to assume that any person who correctly quotes the Customer's name, account code and password has the authority to make the booking on behalf of the Customer. The Customer is solely responsible for policing and safeguarding the confidentiality of such information and shall be liable for the cost of all bookings made by any such person whether or not in fact authorised by the Customer.

3.3 All accepted bookings are confirmed at the time of the booking. The Customer is liable for all charges incurred from the time when the vehicle is dispatched until the Customer is dropped at the destination or sooner cancellation. In the event of cancellation by the Customer or Passenger(s), the Customer is also liable for the cancellation charges detailed in the Price List. In the event of any cancellation made directly by Goldline Car Services Limited, liability is set out in clause 8.

3.4 At the time of booking, the Customer will, subject to clauses 4 and 5, agree with Goldline Car Services Limited its preferred method of remittance, provided that it is one of the following methods:

3.4.1 Cash booking:
(a) cash payment made direct to the driver or
(b) credit/debit card (administration charges apply)

3.4.2 Account booking:
(c) credit/debit card (administration charges apply)
(d) bank transfer or
(e) cheque or bankers draft

3.5 Goldline Car Services Limited may at its absolute discretion, without liability and without giving reasons, refuse to accept any booking.

4. Charges
4.1 Charges will be made on the basis of the “Price List” applicable at the time of making the
Contract, whether as an “Account Booking” or as a “Cash Booking”. The rate of each charge shall be fixed and revised by Goldline Car Services Limited from time to time entirely at its discretion. Upon any change in charges the Customer will be sent a copy of the revised Price List indicating the date on which the new charges take effect or will be referred to the Goldline Car Services Limited website for details.

Account Bookings
4.2 Items and bases of charging for Account Bookings include:
(a) ) a minimum charge for the first two miles of travel and a further charge for every mile of travel thereafter;
(b) where a chauffeur service is required, a minimum fixed charge for every hiring and a further charge for every mile of travel will be applied.
(c) a charge for waiting time, parking or other time spent;
(d) an administration charge, a minimum of 10%, up to 25% agreed at the commencement of the contract, will be applied if the invoice is paid by any method stipulated in clause 3.4.2; plus
(d) Value Added Tax as appropriate.

4.3 These and other charges are as set out in the Price List.
4.4 Unless otherwise stated by Goldline Car Services Limited in writing, prices quoted by Goldline Car Services Limited or included in a Contract are exclusive of Value Added Tax which is chargeable, shall be payable in addition. On Account Bookings, Value Added Tax shall be paid by the Customer at the time when payment of the invoice is due.

4.5 The Customer shall also reimburse Goldline Car Services Limited for any damage caused to
any vehicle by a Customer or passenger including any costs of cleaning any vehicle arising as a result of any action by the Customer or passenger.

4.6 Where a chauffeur service is requested, a minimum fixed charge for every hiring and a further charge for every mile of travel will be applied.

Cash Bookings
4.7 Items and bases of charging for Cash Bookings include:

(a) a minimum fixed fare for the first two miles and a further charge for every further mile of travel thereafter;
(b) a fixed charge from two designated points, where one of those points falls outside all East London (E) postcodes; and
(c) a fixed hourly charge for waiting time, parking or other time spent.

4.8 These and other charges are as set out in the company “Price List” and unless otherwise stated are exclusive of VAT (if any) chargeable thereon which VAT shall be payable in
addition.

5. Account Booking
5.1 At the time of opening the Customer's Account with Goldline Car Services Limited, Goldline Car Services Limited will set a limit on the total sum which may be outstanding as unpaid on such account at any one time. Goldline Car Services Limited may at its discretion suspend the account if the Customer has not paid any invoice in accordance with clauses 5.3, 5.4 and 5.5 or if it exceeds that credit limit.

5.2 For each journey undertaken on the account, the passenger(s) must sign a completed docket authenticating the journey and any waiting time, parking and/or other charges incurred as part of that journey. It is the passenger’s responsibility to ensure that the details displayed on the completed docket, which may be presented in either paper form or digital form, is wholly accurate including those details relating to waiting time, parking and/or any other charges.

5.3 Invoices are issued weekly or monthly as standard, in line with the customer’s requirements and in accordance with arrangements entered into at the commencement of the contract. Invoices will be sent to the address and relevant person indicated on The Application Form completed by the customer, or when the credit limit is exceeded, whichever occurs sooner. It is the Customer's sole responsibility not to exceed any credit limit. The Customer may renegotiate the credit limit with Goldline Car Services Limited if it deems it necessary. However, there is no obligation for Goldline Car Services Limited to extend either the period of credit or the credit limit, either of which will only be done on the basis of financial assurances undertaken by the customer in question.

5.4 Settlement of all invoices raised must be made in full to Goldline Car Services Limited, by the agreed method and within 30 days from the date upon which the invoice was
raised.

5.5 If any invoice is not paid by the Customer in full and by the due date, Goldline Car Services Limited reserves the right to charge interest on unpaid invoices at the base rate of the Bank of England plus 5% accruing on a daily basis and compounded on a monthly basis from the due date until full settlement has been made.

5.6 Time for payment is of the essence. A failure by the Customer to make payment when due of any sum owing to Goldline Car Services Limited under an Account Booking will entitle Goldline Car Services Limited:

(a) to treat the Contract as repudiated; and
(b) to be indemnified by the Customer for any resulting loss.

5.7 Queries must be notified in writing to Goldline Car Services Limited within 14 days of the invoice date, the date upon which the invoice in question is raised. After which date the Customer shall not be entitled to dispute the amount shown, save for manifest or gross error.

5.8 The Customer shall pay to Goldline Car Services Limited any reasonable expenses (including those charged by any debt collection agency) together with all legal and court
costs
incurred during the collection of any overdue payment. Payment for any Account Booking must only be made to Goldline Car Services Limited in accordance with this clause 5. No payment on any Account Booking may be made to a driver or any third party, other than with the express and written authorisation of Goldline Car Service Limited.

6. Cash Bookings
6.1 The fee payable by the Customer for a Cash Booking is payable in full directly to the driver. No payment may be made to Goldline Car Services Limited for a Cash Booking unless requested by Goldline Car Services Ltd in order to safeguard the driver against fraud or financial loss by any other means, or by way of deposit in order to secure a booking and guarantee the unimpeded collection of the client.

6.2 Charges will be made on the basis of the “Price List” applicable at the time of making the Contract, as defined in clause 4.7.

6.3 Receipts for Cash Bookings will be issued to the Customer by the driver, such receipts are not carbonised and as such duplicates are unavailable at a later date. Should the customer require a receipt at a later stage, it must be requested directly from Goldline Car Services Limited and not from any driver or any other third party. All receipts generated in such a way will be done so at the company’s discretion and created through the booking system, and as such will only be available where a journey has been proved to be legitimate and authenticated.

7. Rights and powers of Goldline Car Services Limited

7.1 Goldline Car Services Limited reserves the right to alter or vary these Terms in any respect at its absolute discretion upon giving reasonable notice to the Customer.

7.2 Without prejudice to clause 9, Goldline Car Services Limited reserves the right at any time, on notice to the Customer, to suspend the provision of Services to the Customer temporarily wholly or in part.

8. Extent of Goldline Car Services Limited's liability

8.1 Any quoted pick up or journey times given for Account Bookings are best estimates only and while all reasonable efforts are made to arrive at the pick-up point on time and to transport passenger(s) to their destinations in the shortest possible time, Goldline Car Services Limited shall have no liability if a pickup or journey time exceeds any estimate given nor shall Goldline Car Services Limited have any other liability to the Customer or passenger(s) in connection with the time at which the passenger(s) reaches or fails to reach the destination.

8.2 Goldline Car Services Limited shall have no liability for any damage, loss, costs claims or
expenses (whether foreseeable or not) incurred or suffered by the Customer or the passenger(s) during or as a result of an Account Booking (other than in the event of personal injury or death) by virtue of eventualities or occurrences, acts or omissions including on the part of the driver outside of the reasonable.

8.3 If Goldline Car Services Limited cancels an Account Booking it shall have no liability to the
Customer or intended passenger(s) if it has used reasonable endeavours to fulfil the booking and to notify the Customer of the cancellation. In such an event, Goldline Car Services Limited may, with the Customer's consent, arrange for a third party or alternative car service provider to fulfil the booking on its behalf.

8.4 It shall be for the Customer of an Account Booking and/or the passenger(s) to ensure that valuable, unusual or any other items are covered by appropriate insurances. Goldline Car Services Limited cannot entertain any claim for loss of or damage to any such items.

8.5 Any claim or complaint shall be notified by the Customer to Goldline Car Services Limited within 28 days of the date of the relevant Account Booking and will be addressed in accordance will Goldline Car Services Limited’s complaints policy.

8.6 As a Cash Booking is a direct contractual arrangement between the driver and the Customer, Goldline Car Services Limited shall have no liability whatsoever to the Customer under a Cash Booking and will only engage with the customer in relation to payment as expressed in clause 6.1.

9. Termination
9.1 Any Contract relating to an Account Booking may be suspended or terminated as follows:
(a) by either party giving the other 7 days' written notice; or
(b) immediately by Goldline Car Services Limited (without prejudice to any other rights or remedies) if the Customer:
(i) fails to pay when due to any sums payable;
(ii) commits any act of bankruptcy or a meeting of creditors is held or an arrangement or composition for the benefit of the creditors is proposed in relation to the Customer or an administrator is appointed or a petition is presented or resolution passed for the winding-up, bankruptcy or dissolution of the Customer; or
(iii) fails to perform when due to be performed any obligation (including a payment obligation) under the Contract (or under any other contract with Goldline Car Services Limited).

9.2 Upon termination of the Contract for whatever reason, all sums payable to Goldline Car Services Limited on an Account Booking shall become immediately due and payable in full.

10. Miscellaneous
10.1 The governing law of all Contracts (including these Terms) shall be that of England and Wales.

10.2 The courts of England and Wales shall have exclusive jurisdiction to settle any claim, dispute or issue which may arise out of or in connection with any Contract. The Customer irrevocably submits to that jurisdiction and waives any objection to it, on the ground of inconvenient forum or otherwise.

10.3 No delay, neglect or forbearance on the part of Goldline Car Services Limited in enforcing any term or condition of any Contract shall constitute a waiver of or otherwise affect any right of Goldline Car Services Limited under any Contract.

10.4 The Customer shall not be entitled to assign any of its rights under any Contract. Goldline Car Services Limited shall be entitled to sub-contract any of its obligations and to assign any of its rights under any Contract but shall remain liable for its performance. No term of any Contract is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to a Contract.

11. General Data Protection Regulation (GDPR)
11.1 What information is collected?
We, at Goldline Car Services Ltd, are known as the 'Controller' of any personal data you provide to us. We collect basic personal details about you which includes your title first name, last name, telephone no, email address, location data (via app). Any customer payment card details are stored on the mobile app and any payments are processed/stored on Sagepay's secure system. Any card payments taken over the phone are processed via a Verifone card machine which does not store any card details once the transaction is processing. We record and store CCTV footage for the safety of our customers and staff and for crime prevention purposes

11.2 Why we need your information?
To provide ground transportation services to our customers.

11.3 What do we do with your information?
We enter your personal and job itinerary information into our dispatch system to provide transport services.

11.4 How long do we retain your information?
Transport for London regulations requires us to retain information for a minimum 12 month period.

11.5 How we use your information?
With your consent, we would like to email you from time to time to inform you of any promotions, special offers or share company news updates. Your personal information is never shared or sold to any third party and you can unsubscribe at any time by emailing us at [email protected].

11.6 What are your rights?
If you believe the information we hold about you is incorrect, you can request an amendment to be made to your information, alternatively, you can use our mobile app/ebooking platform to make any amendments. At any point, you can request the information we hold about you by emailing the company Data Protection Officer at [email protected]. Any deletion requests can only take place after 12 months has past due to Transport for London regulations, to make a data request,
email the Data Protection Officer on [email protected].

12. Soft credit check
We carry out a soft credit check which indicates whether a credit facility can be provided to your company. A soft credit check, also known as a “Quotation Search” takes a look, a kind of 'snapshot', at a credit report without leaving any footprints visible to lenders when they look at your credit report (however you can still see them).