1. Definitions. “Application Form” means the form completed by the Client. “Client” means the person, firm or company purchasing services from the Company. “Company” means D.E.L.T.A Merseyside Limited, company number 04271743, registered office 200 Strand Road, Bootle, Liverpool, Merseyside L20 3HL. “Driver” means the self-employed driver of a licensed taxi booked by the Company. “Fares” means the amount charged by the Driver for each journey. “Services” means the taxi booking service and coordination and administration of the Driver undertaking journeys. “Service Charge” means the fee charged for the Services, calculated as 10% plus VAT of the Fares charged in each calendar month.
2. Application of conditions. These Terms apply to and are incorporated into the Contract and prevail over inconsistent terms. Completion of this Application Form constitutes an offer by the Client to purchase the Services on these Terms. The Company reserves the right to reject an Application Form.
3. Commencement and duration. Services commence from the date of acceptance by the Company and continue until terminated in accordance with the Terms.
4. Company obligations. The Company shall use reasonable endeavours to provide the Services and meet requested performance dates and times, although such times are estimates only. Where a Client Password is chosen, the Company is not obliged to take bookings unless the Client Password is provided. The Company may refuse to provide Services or take bookings at any time and for any reason.
5. Client obligations. The Client shall co-operate with the Company, provide accurate information in a timely manner, and remains liable for fares and associated service charges once a booking is confirmed. The Client is responsible for ensuring any use of the Services has been authorised by them.
6. Charges and payment. The Client agrees to pay aggregate fares for all journeys undertaken during each calendar month and the Service Charge. Invoices are raised monthly and must be paid in full within 30 days. If payment is late, the Company may charge interest and suspend Services until payment is made in full.
7. Confidentiality. The Company will take reasonable steps to keep Client matters confidential, except where information is public, already known, required by law, or where disclosure is otherwise permitted under the Terms.
8. Liability. The Company excludes implied warranties to the fullest extent permitted by law and does not limit liability for death or personal injury caused by negligence or for fraud. The Company is not liable for indirect losses, delays in journeys, luggage damage, or acts and omissions of Drivers. Total liability is limited as set out in the Terms.
9. Termination. Either party may terminate the Contract by giving not less than 28 days’ written notice. The Company may terminate immediately in cases including non-payment, material breach, repeated breach, insolvency, or unacceptable behaviour during any journey. Money due remains payable on termination.
10. Miscellaneous. The Company is not liable for failure or delay caused by events beyond its reasonable control. The Contract is governed by the laws of England and Wales and is subject to the jurisdiction of the English Courts. The Company may vary the Terms where necessary for compliance with applicable requirements, laws, regulations or codes of practice.