Terms & Conditions of Service
1.1 The Terms and Conditions governing the provision of private hire bookings and/or account services provided by Brunel with the exclusion of any other oral or written statement whatever its legal character.
1.2 In this document:
- “Service” means the Private Hire booking service provided by Brunel.
- “Brunel” means Private Hire Service Provider.
- “Company” means Brunel.
- “Charge” means the charge to the Customer for the provision of the Service, including the charges referred to in the standard tariff.
- “Customer” means a person, firm or a Company that has entered into a Service Agreement with Brunel by booking a service, and where the context so requires all officers, employees and agents of such person, firm or Company with authority to make bookings with Brunel.
- “Credit Limit” means the maximum amount of unpaid Charges the Customer may incur at any point in time.
2.1 The terms and conditions set out herein shall apply between the Company and the party whose name and address is set out in the Account Application Form or online booking (“the Customer”) and shall apply to the provision of all car services (“the Services”) undertaken by the Company for the Customer during the continuance of this Agreement and any and all other terms, warranties and/or conditions implied by statute and/or common law and hereby expressly excluded to the fullest extent permitted by law.
3. THE RIGHTS AND POWERS OF THE COMPANY
3.1 The Customer will be issued with an account number, which must be quoted with all bookings. The Company cannot accept any responsibility whatsoever when the account number is used by unauthorised persons.
3.2 The Company reserves the right to:
- Alter any account number or credit limit at any time and notify the Customer accordingly.
- Change the rules or instructions relating to any part of the Service from time to time and notify the Customer of such changes.
- Suspend the Service in the interest of security or quality if Service or in the interest of other Customers or if the Credit Limit is exceeded.
- Suspend the Service in the event of a communication failure.
- Decline the Service unless the Company is at its own discretion satisfied that security procedures have been followed and shall not be liable for refusing the Service under these circumstances.
4.1 All charges are calculated as per tariff sheet and are subject to review by Brunel. Customers will be notified of change 30 days in advance unless otherwise agreed.
4.2 A 10% administration charge will be applied to all car hire charges.
4.3 A fuel surcharge and congestion charge may be applicable to all car hire charges
4.4 Every effort will be made to secure services within the agreed structured pricing matrix but please note that where a service is required in areas not supported by local transportation or difficulties arise in securing the service with a local provider rates may increase proportionally to allow for such occasions. Rates quoted are exclusive of administration, car parking, clean air fee, waiting time charges or VAT. Rates are valid for 12 month period from date of submission and will be reviewed on a yearly basis.
4.5 VAT at the current rate will be charged on all car hire charges
5. ALTERATIONS TO THE TERMS AND CONDITIONS
5.1 The Company may from time to time amend these Terms and Conditions and shall as soon as possible make a copy available on the website for the Customer or send a copy to Account Customers. The Customer shall then have 30 days from the date of being sent such variations to decline the same and to terminate the Service. In the absence of a response, the Customer will be bound by the variations and shall not thereafter be entitled to dispute the same whether or not they apply to the rate of charging or otherwise.
6. PAYMENT FOR SERVICES
6.1 Invoices will be rendered on the last day of each month unless agreed otherwise.
6.2 It is a condition of this agreement that invoices shall be paid in full within 30 days of issue thereof, unless otherwise agreed.
6.3 Without prejudice to the Company’s rights hereunder all monies due to the Company in respect of provision of the services which are not paid by the due date for payment shall bear interest on the balance of such on all outstanding amounts at a monthly rate of 2% 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.
6.4 All disputes relating to the service provided must be notified within 48 hours of invoice receipt.
7. CREDIT LIMIT
7.1 At the time an account is authorised, the Company may set a Credit Limit.
7.2 In the event that the Customer has exceeded its Credit Limit, the Company may at its absolute discretion withhold the Service from the Customer.
7.3 It will be the duty of the Customer to ensure that the use of the Service is operated within the Credit Limit.
7.4 The Company is not under a duty to the Customer to limit the Service to the Credit Limit and if in their absolute discretion Brunel should continue to provide Service over and above the Credit Limit, the full amount due will be payable by the Customer notwithstanding that the Credit Limit may have been exceeded.
8. LIMITATIONS AND EXCLUSIONS
8.1 The Company reserves the right of journey routes unless otherwise agreed in advance or directed by specific instruction by the Customer.
8.2 The Customer must not act or request in any way an action which contravenes or causes to contravene any part of legislation which applies to the use of vehicles as applied under the Road Traffic Act 1988.
8.3 The Company accepts no responsibility for the loss or damage to any luggage or property carried in or on the vehicle if such a loss or damage should occur.
8.4 The only obligation of the Company in relation to any Luggage & Personal Items or other items left behind by Passenger(s) in the Vehicle upon completion of the Service shall be to 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.
8.5 In the event of any claim against the Company arising out of performance of hire, the Company’s liability shall be limited to a refund not exceeding the cost of the hire.
8.6 The Company cannot accept responsibility for delays, howsoever caused.
8.7 All vehicles provided by the Company will be equipped with seatbelts and it is the passenger’s exclusive responsibility to ensure they are worn at all times whilst in the vehicle.
8.8 We accept no liability for loss, damage, death or bodily injury that can be attributed to a passenger’s failure to wear a seatbelt or other restraint device that was available for their use and in working order. When infants are travelling, it is the exclusive responsibility of the accompanying parent, guardian or carer to ensure that the infant is protected by a restraint system appropriate the child’s age and size.
8.9 No animals, save for guide dogs, may be carried without the prior written agreement of the Company.
8.10 Passengers may be held liable for the cost of repairing damage caused to the vehicle which could not be attributed to reasonable wear and tear. Examples include but are not limited to:
- Damage caused to doors through careless operation
- Cigarette burns to upholstery
- Spillage of food or drink in the vehicle.
8.11 The Company is responsible for the safety of the vehicle and any passenger who travels within it. Any passenger whose conduct the Company reasonably believes to be threatening, abusive, dangerous or in breach of any statutory regulation or otherwise may be removed from a vehicle or prevented from boarding that vehicle and the Company shall have no liability to the Customer and/or the passenger whatsoever in respect of such removal or prevention of the passenger from boarding. For the avoidance of doubt, the Customer shall remain liable for the Company’s charges in full for the carriage of the passenger even if the passenger is removed from or prevented from boarding the vehicle. The passenger shall be expected to comply with legislation applicable to being a passenger in a motor vehicle and shall be liable for any failure by it to comply with all relevant legislation (including, without limitation, any health and safety legislation).
9.1 In the event of cancellation of any booking by the Customer, the Company reserves the right to charge a cancellation fee:
> 45 mins before pickup time = No charge
< 45 mins before pickup time = Half journey cost
Inner London Postcode After Booked Pickup time = Min Fare + waiting
Outer London Postcodes
> 120 mins before pick up time = No Charge (unless 2 hrs is less than the required time to dispatch a driver to the pickup point. Then a view will be taken on the charge to be made)
< 120 mins before pick up time = Charged from Account Address to Pick up point or to where driver has reached at time of cancellation.
Non-Airport Outer London Post codes after booked time = Charged from Account Address to Pick up point plus waiting
Airport Collections – Heathrow and City
> 60 mins before pick up time = No charge
< 60 mins before pick up time = Min Airport Rate for Service Type
Airport Collections after booked time = Min Airport Rate for Service Type + waiting + parking
Airport Collections – Gatwick/Stansted/Luton
>120 mins before pick up time = No charge
<120 mins before pick up time = Min Airport Rate for Service Type
Airport Collections after booked time = Min Airport Rate for Service Type + waiting + parking
10. LIMITATION OF LIABILITY
10.1 Notwithstanding any other clause of these conditions, neither party excludes or limits liability for personal injury or death arising from the negligence or wilful default of either party, its servants, agents or sub-contractors; or for fraudulent misrepresentation.
10.2 The Company has no obligation, duty or liability in contract tort for breaches of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.
- The Company will take no liability whatever for acts or omissions on the part of the driver assigned to a particular hiring.
- The Company are unable to guarantee arrival times or vehicle availability, although every possible effort will be made to ensure that your booking requirements are met. However, there will be times due to circumstances beyond our control where we may be unable to honour this agreement.
10.3 The Company shall not be liable to the Customer, whether in contract, tort or by statute, or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage suffered by the Customer howsoever caused, including, without limitation:
- loss of anticipated savings; and/or
- loss of business and/or goods; and/or
- loss of goodwill; and/or
- loss of use; and/or
- loss of data or other information; and/or
- loss relating to the procurement by the Customer of any substitution of goods or services. For the avoidance of doubt, the types of loss and/or damage specified in clauses 10.3a-f above shall not constitute direct loss for the purpose of these conditions.
10.4 Except as expressly provided in these conditions, the total liability of the Company in respect of any contract arising from a booking shall be the greater of fifty pounds sterling (£50) or the charges paid or payable by the Customer for such contract.
10.5 The Company shall not be held responsible for any event beyond the reasonable control of the Company, which prevents it from performing its obligations under the relevant contract including, but not limited to:
- acts, omissions or misrepresentations by the Customer, a passenger or an independent contractor; and/or
- any unforeseen circumstances or causes beyond the Company’s reasonable control, including but not limited to, force majeure, act of God, war, invasion, rebellion, riot, malicious damage, terrorism, compliance with any law or government emergency procedure, accident, fire, flood, storm or industrial dispute.
11.1 We reserve the right to subcontract the provision of the Services to Associates and in such situations, our liability is limited to ensuring that we use due care and skill in the selection of the sub-contractor or affiliate company to provide the Services.
11.2 Nothing in these terms and conditions limit any liability we may have for death or personal injury resulting from our negligence and for which our liability is unlimited.
11.3 These terms and conditions do not affect your statutory rights (if appropriate) as a consumer.
11.4 The Company are a transportation provider, therefore our responsibility is to take the passenger from point A to point B, during this process the passenger is fully insured at all times. In terms of our qualifying criteria for an international affiliate, we ensure that they have firstly the necessary regulatory status, and secondly the vehicle and driver insurance is valid. The reason this clause is in the Brunel terms and conditions of service is due to the issue of being unable to understand what every passenger is currently carrying at any point in time and therefore it would make a quantifiable insurance an impossibility.
11.5 Passengers are at all times entirely responsible for the whereabouts and safekeeping of their luggage and other personal effects. We can accept no liability for loss or damage to any time under any circumstances.
12.1 We can accept bookings by telephone, e-mail, via the app or online www.brunel.com. We will confirm receipt and send confirmation of your booking, usually within two hours.
12.2 If you don’t receive this confirmation or require a service within two hours, you should telephone us to ensure the booking has been received and processed.
12.3 A booking is confirmed when you have received the PDF confirmation document which we will send you by e-mail OR you have received verbal notification with a booking reference.
13.1 Services will be charged according to our standard tariff, a copy of which is available on request. Unless a quotation or copy of our tariff is requested, it will be assumed that you are aware of the charges that will apply to the service and are willing to proceed on this basis.
13.2 If the status of a flight changes and/or we receive notification of the same after the vehicle has been dispatched, the service will be charged from the scheduled pick up time. We will use reasonable endeavours to ensure that this information is accurate, however, we cannot be held responsible for any service failure caused by incorrect or inaccurate information provided by these third parties.
13.3 Services provided on Public and Bank Holidays are subject to a 100% surcharge.
14. BILLING & PAYMENT
14.1 We will usually send or post an invoice up to 30 working days of service completion.
14.2 For account Customers, our standard payment terms are 30 days from the date of invoice, and we accept payment by credit card, cheque or electronic transfer.
14.3 For non-account Customers, we can only accept credit card payments and card details will be requested at the time of booking. A copy of the invoice will be e-mailed or posted upon service completion and we will automatically charge the nominated credit card within 5 working days of invoice date. Or sooner if previously authorised.
14.4 When a charge is queried or relates to a service that is the subject of an ongoing complaint, our standard payment terms continue to be effective, unless the query results in a partial or complete refund. In this case, payment terms will apply from the date of issue of any credit note or revised invoice.
15. SERVICE PERFORMANCE
15.1 We promise that we will provide all services with reasonable skill and care and, as far as reasonably possible, in accordance with our terms and conditions.
15.2 We will use reasonable efforts to ensure that the service is provided as booked. However, we will not be liable for any loss or costs you suffer or incur through any reasonable or unavoidable delays and it is your responsibility to ensure that you book the service to collect you in time. We will not be responsible for any losses you suffer (including for example, any missed meetings or flights) due to your failure to allow sufficient time for your journey.
16.1 Passengers are at all times entirely responsible for the whereabouts and safekeeping of their luggage and other personal effects. The Company can accept no liability for loss or damage to any time under any circumstances.
17. PASSENGER RESTRAINT SYSTEMS
17.1 All vehicles provided by the Company will be equipped with seatbelts and it is the passenger’s exclusive responsibility to ensure they are worn at all times whilst in the vehicle.
17.2 We accept no liability for loss, damage, death or bodily injury that can be attributed to a passenger’s failure to wear a seatbelt or other restraint device that was available for their use and in working order.
17.3 When infants are travelling, it is the exclusive responsibility of the accompanying parent, guardian or carer to ensure that the infant is protected by a restraint system appropriate to the child’s age and size.
18. DAMAGE TO VEHICLES
18.1 Passengers may be held liable for the cost of repairing damage caused to the vehicle which could not be attributed to reasonable wear and tear. Examples include but are not limited to:
- Damage caused to doors through careless operation.
- The spillage of food or drink in the vehicle.
- Cigarette burns to upholstery.
19. UNACCEPTABLE CONDUCT
19.1 We reserve the right to terminate service provision at any time for any of the following reasons:
- Our employees, affiliates or representatives are subjected to threatening or abusive behaviour, verbal or physical.
- Any other circumstances when a passenger’s conduct may prejudice the safety of themselves, other passengers, the chauffeur or the vehicle.
- Any unlawful or inappropriate activity.
20.1 To the extent that any provision of these terms and conditions are found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of these terms and conditions, it shall not affect the enforceability of the remainder of these terms and conditions nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
21. INDEMNITY TO THE COMPANY
21.1 The Customer shall indemnify the Company against:
- all losses suffered by the Company including, but not limited to, claims, demands, proceedings, fines, penalties, costs, expenses and loss of or damage to the carrying vehicle as a result of or in connection with any breach by the Customer and/or passenger of these conditions and/or for any fraud, error, omission, or misrepresentation by the Customer and/or passenger;
- all claims and demands made against the Company by any third party in excess of the liability of the Company under these conditions; and
- all claims and demands made against the Company by any third party due in any way to the act or omission of the passenger including its negligence or wilful default.
22. INTELLECTUAL PROPERTY
22.1 All service data collected by the Company shall belong to the Company.
22.2 All Intellectual Property rights in the Services provided by the Company shall belong to the Company including any brand or trademark rights.
23.1 Each party will keep confidential the Confidential Information of the other party and will not disclose that Confidential Information except as expressly permitted by this Clause.
23.2 Each party will protect the confidentiality of the Confidential Information of the other party using at least reasonable security measures.
23.3 The Confidential Information of a party may be disclosed by the other party to its employees and professional advisers, provided that each recipient is legally bound to protect the confidentiality of the Confidential Information.
23.4 These obligations of confidentiality will not apply to Confidential Information that:
- has been published or is known to the public (other than as a result of a breach of these terms and conditions);
- is known to the receiving party, and can be shown by the receiving party to have been known to it, before disclosure by the other party; or
- required to be disclosed by law, or by an order (binding upon the relevant party) of a competent governmental authority, regulatory body or stock exchange
24. PROTECTION OF PERSONAL DATA
24.1 In this section, the following terms shall have the following meanings:
- “Data Protection Laws” means all laws from time to time applicable to the processing of personal data under the Supply Contract, including to the extent applicable, from time to time, the UK Data Protection Act 2018, and the EU General Data Protection Regulation (Regulation EU 2016/679);
- “controller“, “processor“, “data subject“, “personal data“, “processing” (and “process“) shall have the meanings set out in the Data Protection Laws;
24.2 Should the Customer provide the Company with any personal data for processing by the Company on the Customer’s behalf as part of the Services (“Customer Personal Data“), to the extent that the Company is the “processor” of that personal data in accordance with the Data Protection Laws, the following terms of this condition shall apply.
24.3 The Company will only process the Customer Personal Data for the purpose of the Services and only on the Customer’s instructions.
24.4 The Company will only transfer Customer Personal Data outside of the European Economic Area where the Company has put in place appropriate safeguards as required under the Data Protection Laws in respect of Customer Personal Data.
24.5 The Company may subcontract parts of the Services to sub-contractors and if it does so, such sub-contractors will be sub-processors of the Customer Personal Data. All such sub-processors will have contracts in place with the Company regarding data processing on the Company’s behalf.
24.6 If the Company believes or becomes aware that its processing of the Customer Personal Data is likely to result in a high risk to the data protection rights and freedoms of data subjects, the Company will inform the Customer and provide reasonable cooperation to the Customer in connection with any data protection impact assessment that may be required under the Data Protection Laws.
24.7 The Company shall provide reasonable and timely assistance to the Customer, on request, to enable the Customer to respond to:
- any request from a data subject to exercise any of its rights under Data Protection Laws in respect of the Customer Personal Data; and
- any other correspondence, enquiry or complaint received from a data subject, regulator or other third party in connection with the processing of the Customer Personal Data. In the event that any such request, correspondence, enquiry or complaint is made directly to the Company, the Company shall promptly inform the Customer providing full details of the same.
24.8 Please refer to our Privacy Notice for more details on the data we hold and how we store and process the data.
25. SECURITY OF DATA
25.1 The Company shall implement technical and organisational measures to protect Customer Data and Customer Personal Data from (i) accidental or unlawful destruction, and (ii) loss or alteration or unauthorised disclosure or access (a “Security Incident“).
25.2 Upon becoming aware of a confirmed Security Incident, the Company shall inform the Customer without undue delay and, in respect of Customer Personal Data, shall provide reasonable information and cooperation to the Customer so that the Customer can fulfil any data breach reporting obligations it may have under (and in accordance with the timescales required by) the Data Protection Laws.
25.3 In response to a confirmed Security Incident, the Company shall further take reasonably necessary measures and actions to remedy or mitigate the effects of the Security Incident and keep the Customer informed of all material developments in connection with the Security Incident.
26. ETHICAL BEHAVIOUR
26.1 The Company shall:
- comply with all applicable laws, relating to anti-bribery, anti-corruption and anti-slavery including but not limited to the Bribery Act 2010 and the Modern Slavery Act 2015 (“Relevant Requirements”);
- have in place and comply with a code of conduct covering anti-bribery, anti-corruption and anti-slavery;
- promptly report to the Customer any breach or suspected or alleged breach of this condition; and
- co-operate with any investigation or enquiry by or on behalf of the Customer or any governmental, regulatory or other body in relation to any allegation or suspicion of any offence under the Relevant Requirements relating to the performance of the Services.
27. MAKING A COMPLAINT
27.1 Should you need to complain about the service we have provided, you should do so with the Company’s Customer services team and/or your nominated Account Manager. Should the matter not be resolved to your satisfaction, you can also escalate your complaint to the Directors of the Company.
27.2 All complaints must be made within 5 days of service completion and cannot be considered once payment of an invoice has been received. The Company will acknowledge receipt of your communication immediately and advise you when and how we will contact you again. The Company may need to ask you for further information so we can investigate your complaint thoroughly.
27.3 The Company will endeavour to resolve all issues within 2 working days; however, it may sometimes take longer.
28.1 Any agreements may be terminated by either party by one months’ notice in writing to the other.
28.2 In the event of the Customer being in breach of any of the terms and/or conditions of the agreement or failing to pay any sums due the Company shall have the right (without prejudice to any other rights it may have) to terminate the agreement or suspend provision of the services, or suspend the Customer’s account facility, forthwith and without notice.
29. RESOLUTION OF DISPUTES AND GOVERNING LAW
29.1 The parties hereto submit to the exclusive jurisdiction of the Courts of England and Wales.
29.2 In the event of any dispute concerning the calculation by the Company of its charges, such dispute shall be notified to the Company by the Customer within 30 days of the invoice being presented. In the event of no such notification being received by the Company, the Customer shall accept the amount as being properly calculated and due.
29.3 In the event of there being any disputes regarding the interpretation of terms and conditions relative to the agreement, the Company’s decision shall be final and binding upon the Customer.
30. ENTIRE AGREEMENT
30.1 This document contains all the terms agreed by the parties regarding the subject matter hereof and supersedes any prior agreements, understandings or arrangements between them, whether oral or in writing, and no representation undertaking or promise shall be taken to have been given or be implied from anything said or written prior to these terms and conditions except as expressly set out in this document.
Issue 3 | December 2019
Welcome to Europcar, a global leader in car & van hire
At Europcar you can rent a car or van from over 130 locations in the UK, or from any one of our 3835 worldwide locations.