PASSANGER TERMS AND CONDITIONS

1 DEFINITIONS

1.1 “Booking” means your order for Driving Services as communicated to us over the phone and accepted by us.

1.2  “Booking Services” means the booking services supplied by us to you.

1.3 “Driver” means an individual driver that provides the Driving Service to you on behalf of H&M DIAMOND SERVICES LTD.

1.4  “Driving Service” means the services provided to you by the Driver in response to your Booking. For the avoidance of doubt, Driving Service may involve the transportation of individuals and/or couriering items for you.

1.5  “Fare” means the fee payable for the Driving Services.

1.6  “Vehicle” means the car driven by the Driver.

2. BASIS OF AGREEMENT

2.1   You acknowledge and agree that:

2.1.1  These Terms shall apply to all Bookings;

2.1.2  H&M Diamond Service shall enter into a contractual obligation as the principal party with the person making the private hire booking to provide the journey that is the subject of the booking. This contractual obligation will be consistent with the 1998 Act and these terms and conditions; and

2.1.3 The contract for the driving services will be with H&M DIAMOND SERVICES LTD and not with the Driver. 

3. BOOKING SERVICE

3.1 H&M DIAMOND SERVICES LTD Services shall use reasonable care and skill when providing the Booking Services to you.

3.2 When providing the Booking Service, H&M DIAMOND SERVICES LTD may provide you with an estimated travel time for your journey but this is for guidance only. It is your responsibility to allow sufficient time for the journey and you should allow additional time for delays and unexpected occurrences where the journey is important, especially if onward connections and/or appointments may be missed.

3.3  When placing your Booking request, you must order a suitable car size for the number of passengers and luggage. We cannot guarantee to carry excessive amounts of luggage. Please note that a child, no matter what age, counts as one passenger.

3.4 If you or one of your party is a passenger with specific mobility requirements, e.g. the transport of a rollator, please specify this when placing your Booking request. Please let us know in advance before booking.

3.5 If you would like to request a particular vehicle type and/or specific Driver for your Booking then we will try to accommodate these requests but we cannot guarantee that such requests can always be met. Where possible, we will advise you at the time of Booking if the request cannot be met. 

4. PRICES & PAYMENT

4.1 You are responsible for paying the Fare to us at the time the service is provided.

4.2  The Fare can be paid to the Driver using cash

4.3   Where we have given you a fixed Fare at the Booking stage, that fixed Fare is based on the information you provided at the time of Booking. The Driver shall provide the Driving Services under H&M DIAMOND SERVICES LTD for the fixed Fare provided that there are no additional drop-offs, pick-ups, route or destination changes or additional waiting time (please note that, except for airport pick-ups, we allow for a 30 minute wait time as standard) to the original Booking request. Where such changes occur after a Booking has been made, you acknowledge and agree that you will be responsible for agreeing the revised fare with operator. 

5. YOUR CONDUCT

5.1  You shall be responsible for the behavior of all the passengers in the Vehicle during the journey. You will be charged the applicable soiling fee of the local authority under which the Driver is licensed to cover cleaning costs in the unlikely event of the vehicle being soiled by any passenger.

5.2  Eating, drinking, vaping and/or smoking in the Vehicle are not permitted.

6. AIRPORT BOOKING

6.1  For journeys that originate from an airport, you must provide us with the full details of your flight at the time of Booking. Unless agreed otherwise with you, our policy is to enter the terminal 30 minutes after your flight arrival time to allow you time to pass customs and collect your luggage. The Driver will charge for waiting at standard rates if you are not present 30 minutes after your Driver has entered the terminal . If you would like to arrange an alternative collection time or method (meet and greet or call on arrival) then please request this at the time of Booking. H&M DIAMOND SERVICES LTD will endeavour to check for flight delays before the Driver leaves for the airport but shall be under no obligation to do so.

6.2 For pre-booked airport pick-ups, the Driver will be dispatched two hours prior to the requested pick up time. Therefore, if you cancel the Booking within two hours of your arranged pick-up, we reserve the right to charge a cancellation fee.

7. CHILDREN

7.1 UK law states that’s private hire vehicles are exempt from legislation relating to children travelling in a baby/child seat or booster.

7.2 For health and safety reasons H&M DIAMOND SERVICES LTD are unable to provide any form of child seat. If you require a child seat for your journey it would be the child’s parent/carers responsibility to provide one and to fit the seat in the vehicle and to secure the child. If you are booking a return journey and have your own child seat, the driver who carries out your booking will store your child seat for the return.

7.3 Unless expressly agreed otherwise, H&M DIAMOND SERVICES LTD cannot agree to provide service to unaccompanied minors.

8. CANCELLATIONS

8.1  If you need to cancel your Booking, please contact us as soon as possible. If you cancel a Booking after the Vehicle has been dispatched then a charge may be incurred.

8.2  H&M DIAMOND SERVICES LTD may be required to cancel a Booking prior to the date of pick-up due to circumstances beyond our control. Where this occurs, we will provide you as much prior notice as reasonably possible and provide a refund of any pre-paid amounts.

9. LIABILITY

9.1  If our ability to provide Booking Services to you is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.

9.2  Our liability shall be limited to loss or damage resulting from the Booking

Services only. If you have any complaint, concern or issue with the Driving Services then please contact us on admin@diamond-car.co.uk and we will endeavour to assist you with resolving these issues.

9.3  If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and

9.4  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

9.5  If you are a business, we are not liable for business losses. We only supply the Booking Services for domestic and private use. If you use the Booking Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10. YOUR PERSONAL INFORMATION

10.1  We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website.

11. MISCELLANEOUS

11.1  H&M DIAMOND SERVICES LTD may change these Terms at any time by posting changes online. Please review these Terms regularly to ensure that you are aware of any changes. The Terms set out on our website at the time of your Booking shall apply to the Booking Services.

11.2  This contract is between you and H&M DIAMOND SERVICES LTD. No other person shall have any rights to enforce any of its terms.

11.3  Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect

11.4  This agreement will be undertaken in accordance with English law with you and H&M DIAMOND SERVICES LTD agreeing to follow the exclusive jurisdiction of the courts with regards to any claim or dispute of matters connected with this agreement.

13. H&M DIAMOND SERVICES LTD AS PRINCIPAL

13.1 You acknowledge and agree that;

13.1.1  H&M DIAMOND SERVICES LTD will act as principal and be responsible for providing both Booking Services and Driving Services to you. Accordingly, all references to Booking Services in Section A shall be deemed to include both

Booking Services and Driving Services; and

13.1.2  H&M DIAMOND SERVICES LTD shall fulfil the Driving Services to the passenger with a driver employed or under H&M DIAMOND SERVICES LTD.

13.2  We may refuse to accept or may terminate any Booking with immediate effect if it places any Driver or Vehicle at risk of damage, violence or abuse by you or by any passenger in your party and we will ask all passengers to vacate the Vehicle as soon as it is safe to do so. No refunds will be given if the journey is terminated part way through the hire.

14. PAYMENT

14.1  You shall be responsible for paying the Fare.

14.2  A fixed Fare will be provided at the booking stage and you agree to pay the fare directly to the driver

15. LIMIT OF LIABILITY

15.2  Subject to clause 9.4, H&M DIAMOND SERVICES LTD’s total aggregate liability to you under or in connection with the Agreement (whether in contract, tort including negligence, breach of statutory duty, restitution or otherwise) in respect of all and any loss or damage howsoever caused will be limited to 4 times the cost of the fare in respect of which the liability arose.

15.3  H&M DIAMOND SERVICES LTD will be under no liability to you for any of the following types of losses (whether those losses arise directly in the normal course of business or otherwise): pure economic loss; loss of profits; loss of or damage to luggage; loss of business; loss of revenue; loss of contract; loss or depletion of goodwill and/or business opportunity; loss of anticipated earnings or savings or like loss; wasted management, operational or other time; or any special, indirect or consequential losses.

15.4  During the course of the Agreement, H&M DIAMOND SERVICES LTD shall maintain in force insurance policies with reputable insurance companies, against all risks that would normally be insured against by a prudent businessman in connection with the risks associated with this Agreement.

SECTION C. ENTIRE AGREEMENT 16 ENTIRE AGREEMENT

16.1  This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

16.2  Each party acknowledges that in entering into this Agreement it does not rely on and shall have no remedies in respect of any statement, promise, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement. Nothing in this clause shall exclude a parties liability for fraud. 

17 FORCE MAJEURE

Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.

18 Extras

18.1 Following the Divisional Court’s judgment given on 6 December 2021, in order to operate lawfully, under the Private Hire Vehicles (London) Act 1998 (the 1998 Act) a licensed operator who accepts a booking from a passenger is required to enter as principal into a contractual obligation with the passenger to provide the journey which is the subject of the booking. Regulation 9(14) of the Private Hire Vehicles (London) (Operators’ Licences) Regulations 2000 now states: “The operator shall enter into a contractual obligation as principal with the person making the private hire booking to provide the journey which is the subject of the booking and any such contractual obligation must be consistent with the 1998 Act and these Regulations.” When a passenger makes a booking, “we” the operator H&M DIAMOND SERVICES LTD, will have entered a contractual obligation with the customer to pick up from the pick up location provided and take the customer to the drop-off location as provided by the passenger, H&M DIAMOND SERVICES LTD, will keep contractual obligations consistent with the 1998 Act and these Regulations.