STANDARD TERMS OF SERVICE
These Standard Terms of Service (“Terms”) apply to the services (as defined below). References in these Terms to “us” or ”we” or “our” or “Highland Cabs” refers to HIGHLAND CABS LTD (company number SC628672) whose registered office is at 52 Princes Street, Thurso, Highland, KW14 7AE. References to “you” or “your” or “the Customer” refers to the party making a Booking with us. When placing a Booking with us, you acknowledge and agree to the terms set out in these Terms.
SECTION A – GENERAL TERMS
1.1 “Booking” means your order for Transportation Services as communicated to us via our website, our app, email, in person or over the phone and accepted by us.
1.2 “Booking Services” means the taxi booking services supplied by us to you;
1.3 “Driver” means an individual driver that provides the Driving Service to you;
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; and
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 Highland Cabs shall act as a booking agent and shall only be responsible for the provision of the Booking Services; and
2.1.3 The contract between you and us shall be limited to the Booking Services. Your contract for the Driving Services will be directly with the Driver.
3 BOOKING SERVICE
3.1 Highland Cabs shall use reasonable care and skill when providing the Booking Services to you.
3.2 When providing the Booking Service, Highland Cabs 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 in a wheelchair please specify this when placing your Booking request. Please be aware that due to availability, there may be a longer wait period for a vehicle that can transport a passenger in a wheelchair.
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 will be responsible for paying the Fare to us.
4.2 The Fare is due to the Driver.
4.3 Where you would like to pay by credit/debit card, we may facilitate that payment for you via chip & pin, contactless, phone, our website or consumer app. Any payments we take via card will be collected by us on behalf of the Driver.
4.4 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 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 5 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 directly with the Driver.
5 YOUR CONDUCT
5.1 You (the customer who booked by telephone, PC, mac, tablet or mobile booking app) shall be responsible for the behaviour 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 or smoking in the Vehicle are not permitted.
5.3 Requests to deliver restricted items such as cigarettes and alcohol are not permitted.
6 AIRPORT BOOKINGS
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. Highland Cabs 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 despatched 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.
7.1 UK law states that taxis are exempt from legislation relating to children travelling in a baby/child seat or booster, more details of the legislation can be found here
7.2 For health and safety reasons Highland Cabs 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, Highland Cabs cannot agree to provide service to unaccompanied minors.
8.1 If you need to cancel your Booking, please contact use as soon as possible. If you cancel a Booking after the Vehicle has been dispatched, then a charge may be incurred; the charge will be based on the distance/time that the Driver has travelled/spent prior to the point of cancellation. As a general rule, journeys within the surrounding local area are normally dispatched at ten minutes before their due time.
8.2 Highland Cabs 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.
9.1 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. We shall have no liability in respect of any losses you suffer as a result of the Driving Services and you agree and confirm that such losses must be claimed against the Driver. If you have any complaint, concern or issue with the Driving Services then please contact us and we will endeavour to assist you with resolving these issues with the Driver.
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 skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the Booking process.
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 Provided you are not an Account Holder (as defined in clause 12.1), 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
11.1 Highland Cabs 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 us. 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 These terms are governed by Scottish law and you can bring legal proceedings in respect of the services in the Scottish courts. If you live in England, you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the Scottish courts.
SECTION B. ACCOUNT HOLDER TERMS
12 APPLICATION OF SECTION B
12.1 If you are an Account Holder, the clauses in this Section B shall apply in addition to Section A. You are an Account Holder if you have signed a separate account application form (“Application Form”) with Highland Cabs. Such Application Form will be attached to these Terms and form part of the Agreement between you and us. If you are not an Account Holder, please disregard this section B.
12.2 If there is any conflict or inconsistency between Section A of these Terms and Section B, the provisions of Section B shall have priority. Any special terms contained in the Application Form shall take priority over the terms contained in both Section A and this Section B.
13 HIGHLAND CABS AS PRINCIPAL
13.1 If you are an Account Holder, you acknowledge and agree that;
13.1.1 Highland Cabs 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 Highland Cabs shall subcontract the Driving Services to any driver of its choice; and
13.1.3 Unless expressly stated otherwise in the Application Form, Highland Cabs shall be entitled to assume that any individual who quotes or otherwise uses your account number during the Booking process has your full authority to make the Booking on your behalf and to utilise the Driving Services and you agree to pay for all such Bookings. Where you have enabled an individual to become an authorised user of your account via our app, website or any other method, it shall be your sole responsibility to monitor and manage such authorised user’s use and remove permissions where necessary.
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.
14.1 You shall be responsible for paying the Fare and fees (if any) set out in the Application Form in respect of all Bookings made using your Account number.
14.2 Unless a fixed Fare is agreed at the Booking stage or is pre-agreed in the Application Form, you agree to pay for the Driving Services on a metered basis. Unless the Application Form states otherwise, we shall invoice you monthly in arrears for all Driving Services provided to you in the preceding month. Invoices are payable within 30 days of receipt.
14.3 All Fares and fees are quoted exclusive of VAT, which will be added at the prevailing rate.
14.4 Without prejudice to any other right or remedy that Highland Cabs may have, if you fail to pay us any sum due to us within 30 calendar days of the due date for payment we may discontinue, withhold or suspend services to you, including refusing to accept any more Booking requests until payment has been made in full.
14.5 Payments can only be made via BACS / Secured card payment website.
15 LIMIT OF LIABILITY
15.1 This clause 15 shall only apply if you are both an Account Holder and a business. If you are an Account Holder and a consumer then clause 9 of Section A shall apply in place of this clause 15.
15.2 Subject to clause 9.4, Highland Cab’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 Highland Cabs 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, Highland Cabs 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.
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 party’s 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.
If you would like to have a copy of the Highland Cabs Ltd Terms of Service, please email us with your request.