Terms & Conditions

Booking and Website Use Terms & Conditions

Book Direct Limited is a company registered in England and Wales under company number 06942617, with its registered office at Office 11, Junction 7 Business Park, Blackburn Road, Clayton-le-Moors, Accrington, Lancashire, BB5 5JW

Please read these terms and conditions carefully before using Our Website(s) and/or placing a Quote Request as they contain important information about your rights, and obligations that you will be bound by.

WHEREAS

Book Direct Limited (referred to hereafter as 'we’, ‘us’ or ‘our') operates and acts as a disclosed agent for third party transport providers (the ‘Supplier’) which supply taxicab, coach and/or bus passenger transport between predetermined locations at agreed times on given dates (the ‘Service’). The contract for the provision of a Service (‘Contract’) will be between you and the Supplier and in many cases this will mean that there are additional terms and conditions of the Supplier that govern the Service provided.

RECITAL

   1    Application of Conditions

         1.1.    These booking terms and conditions apply to the ordering and sale of all Services through us on behalf of Suppliers, and the use of Our Website(s) in particular www.getmeacoach.com.

         1.2.    By using Our Website(s) and/or placing a Quote Request with us, you are agreeing to be legally bound by these terms and conditions as they may be modified and posted on Our Website(s) from time to time. If you do not wish to be bound by these terms and conditions then you must not use Our Website(s) and/or make a Quote Request.

         1.3.    By purchasing a Service through us, you are entering into a Contract with the Supplier to provide the Service, so also bound by the booking terms and conditions of that Supplier, if any.

         1.4.    In the event Our Website is used or Services provided from outside, or outside the United Kingdom, Incoterms shall apply. Under such circumstances any definition, interpretation, or expression used in these terms and conditions defined in Incoterms, shall have the same meaning provided there is no conflict between the meanings in which case the provisions of these terms and conditions shall prevail.

   2    Nature of Our Website(s)

         2.1.    You will be able to access the majority of Our Website(s) without having to register any details with us. However, particular areas of Our Website(s) may only be accessible only if you have registered.

         2.2.    Our Website(s) are primarily places for you to request quotes, order, and purchase and review Services. The contents of Our Website(s) describe in more detail the types of Services available and intended for users aged eighteen and above. To purchase a Service you must be eighteen years or over and use a payment method displayed on the website.

         2.3.    We have used our best efforts to ensure that Our Website(s) comply with United Kingdom laws. However, we cannot confirm that the Services or the materials on our website(s) are appropriate or available for use in locations outside of the United Kingdom. Insofar any clause (or a part thereof) is overridden by local laws that cannot be excluded the clause shall be modified in accordance with clause 19.  

         2.4.    We take all reasonable steps to ensure that Our Website(s) is available 24 hours every day, 365 days per year. However, from time to time Our Website(s) maybe temporarily unavailable due to server and, other technical issues such as system failure, maintenance, or repair or for reasons beyond our control. Where possible without obligation we will try to give our visitors advance warning of maintenance issues.

   3    Ordering

         3.1.    To place an order you must follow the ordering procedures set out on the ‘Get Me A Quote’ page of our website (‘www.getmeacoach.com’) to create a ‘Quote Request’ containing:

                      a)   mandatory required personal information and contact details requested;

                      b)   the ‘Service Requirements’ including dates and times at which the Service is required to commence along with full disclosure of: (i) passenger collection points and destinations; (ii) any Service or related itinerary and/or timetable; (iii) expectations regarding the driver and road vehicle(s); and, (iv) any passenger manifest, special needs and other transit requirements, such as carriage of a stated volume of luggage, onboard entertainment facilities, refreshments etc;

                      c)   the purpose of the Service as it relates to the passenger(s) and your need for the Service, e.g. to transport wedding guests to and from the church; and

                      d)   confirmation you are eighteen [18] years old or over and accept to be bound by these terms and conditions.

         3.2.    All Quote Requests should be placed at least a full Business Day in advance of you requiring the Service to commence.

         3.3.    In response to each Quote Request we shall endeavour to provide quotes (‘Sale Price’) for which different Suppliers will undertake the Service (an ‘Offer’) set out in the Service Requirements for you. In the event a Supplier makes a similar Offer that does not entirely match your Service requirements, we may also provide details of that Service. If you elect to accept an Offer that is similar rather than matches the Service Requirements: (a) you acknowledge that the Service is purchased based on the details set out in the Offer; and, (b) you agree to your Service Requirements being modified to match the details set out in the Offer.

         3.4.    Any Offer shall remain valid for a stated period after it is submitted set out in the Offer details or otherwise until the end of the Business Hours that Business Day. After an Offer expires, we reserve the right on behalf of the Supplier to review and alter, or revoke the Offer.

         3.5.    We are entitled, on behalf of the Supplier, to refuse Quote Requests and do not guarantee to provide an Offer or successfully allocate a Supplier to every Quote Request. In the event that we are unable to accept your Quote Request, we will advise you of this by sending an e-mail to the e-mail address you provided in the Quote Request, and may provide alternative Service suggestion at our sole discretion.

   4    Bookings

         4.1.    A ‘Booking’ with and subsequent Contract between you and the Supplier undertaking the Service shall be formed once we issue you a Booking Confirmation in consideration of your acceptance of a specific Offer and (using a payment method displayed on Our Website) purchase of the Service subject to clauses 3.4, 4.2, 5.4 and 6.1 by:

                      a)   payment of the Sale Price in cleared funds to us;

                      b)   charging the Sale Price against a credit account you hold with the Supplier, subject to the purchase not resulting in the credit account limit being exceeded; or

                      c)   In the event the Service is set to commence more than ten [10] Business Days after the time of Booking, payment of the requisite deposit (or more) in cleared funds to us, subject to clause 9.4.

         4.2.    In order to make a Booking you must be over eighteen [18] years old, have the legal capacity to make the transaction and accepting financial responsibility for all transactions made under your name or account. You must ensure that when requesting and purchasing a Service: (a) all details you provide are correct; (b) any personal or business credit or debit card you use is your own or alternatively one you have the owner’s consent and legal authority to use; and, (c) there are sufficient funds or credit facilities to cover the cost of the purchase. We reserve the right to obtain validation of credit or debit card details you provided when purchasing the Service. If we cannot obtain such a validation or receive no payment, we reserve the right to cancel the booking on behalf of the Supplier who will then not provide the Service. If a Booking is not accepted or cancelled under these circumstances we will notify you of this fact by e-mail to the e-mail address provided in your Quote Request.

         4.3.    We shall produce and issue a ‘Booking Confirmation’ for each successful Booking made, sent to the e-mail address provided in your Quote Request. Each Booking Confirmation contains:

                      a)   a unique purchase order reference for the Booking;

                      b)   the Service Requirements set out in the related Quote Request;

                      c)   the name and contact details for the Supplier undertaking the Service;

                      d)   the Sale Price; and

                      e)   any outstanding balance of payment due at the time of issue.

         4.4.    A ‘Travel Ticket’ shall be produced and sent to the email address provided in your Quote Request once we have issued you the Booking Confirmation and received full payment for the Service in cleared funds. A Travel Ticket contains:

                      a)   the Booking unique purchase order reference;

                      b)   date and time the Service will commence;

                      c)   the name and contact details for the Supplier undertaking the Service; and

                      d)   confirmation the Service has been full paid for or charged against an authorised credit account.

   5    Prices and Payment

         5.1.    Each Booking Confirmation stipulates the Sale Price for the relevant Service in consideration of you, the consumer, waiving the right to have the fare calculated by any other method, such as on a taximeter.

         5.2.    All Sale Prices include the appropriate VAT at the prevailing rate at the time of Booking and our handling fee, if any.

         5.3.    You may use BACS payment; CHAPS transfer; business or personal cheque; credit or debit card; or, internet online banking monetary transfer to pay for a Service subject to clause 4.2 and 5.5. We display the procedure for making a payment on Our Website(s) along with details of the credit and debit cards we accept. Card issuers may charge us a handling fee and we will pass this on to you as an at cost surcharge where you make payment using the credit/debit card.

         5.4.    We try to ensure that Sale Prices displayed on Our Website(s), and otherwise provided in Offers, are accurate. If the correct Sale Price is higher than that stated on Our Website(s) or in an Offer, we will inform you and it is your decision whether or not to proceed with purchasing the Service at the correct Sale Price. We will refund any sum you have already paid for a Service in the event the Booking is cancelled under such a circumstance once we have received the monies in cleared funds.

         5.5.    Payment for a service shall only be unequivocal and accepted once we receive the monies paid in cleared funds, in consideration of this some forms of payment set out in clause 5.3 may not be accepted if you attempt to purchase a Service less than ten [10] Business Days prior to it being required to commence. Furthermore, we set a limit of two thousand pounds [£2000] on payments made against a credit card.  

         5.6.    We may, at our discretion, on behalf of a supplier grant you a credit account subject to a full credit risk evaluation to determine the extent of any such credit line to permit. We shall base our decision and any credit line on a variety of factors ranging from: (a) the credit scores, credit history, and cash flow of the customer; and, (b) your ability to repay the Supplier based on recoverable assets in the event of default, the collection of which we shall deal with on the Suppliers behalf.

   6    Performance

         6.1.    The Supplier will use all reasonable efforts to ensure that the Service collects the Passenger(s) from the collection point(s) set out in your Booking Confirmation at the times. You must ensure to allow sufficient time for any reasonable or unavoidable delays and the Supplier shall not be liable for any claim, demand, damages, expense, loss, or costs you or the Passenger(s) incur due to your failure to allow sufficient time for the journey and for such consequences.

   7    Your Responsibilities

         7.1.    It is your responsibility to:

                      a)   Ensure the Passenger(s) travel with a copy of the Travel Ticket and present it to the driver at the start of their journey for inspection. Neither we, nor the Supplier, can accept responsibility or compensation claims for any loss of Service should the Passenger(s) not travel with a copy of the Travel Ticket or adhere to the terms and conditions the Supplier has set for the Service;

                      b)   Ensure the accuracy of the Quote Request, Booking Confirmation and Travel Ticket information, in particular the Service Requirements, and inform us if there are any errors no less than one full Business Day prior to the Service Commencing;

                      c)   Provide details of any required change to the Service Requirements of a Booking with sufficient notice to prevent any detriment to the arranging, delivery and performance of the Service; and

                      d)   Ensure the Passenger(s):

                               (i)   Behave properly at all times and follow the instructions issued by the Driver;

                              (ii)   Do not smoke in the vehicle;

                             (iii)   Do not consume alcohol or eat on the vehicle unless prior approval has been obtained from the Supplier;

                             (iv)   Utilise seat belts where provided and required at law;

                              (v)   Do not exceed the legal maximum passenger capacity of a vehicle at any time;

                             (vi)   Do not display any poster, sign or other notice in the windows of the vehicle without the prior approval of the Supplier, in particular relating to the proposed size and location of the notice; and

                            (vii)   Do not through negligence or malicious intent cause damage and/or obstruct, hinder, interrupt or delay the Service.  

   8    Complaint & Problems

         8.1.    You should submit any dispute and a complaint regarding a Service to the Supplier as your Contract is with them, and you should notify us in writing of any such matter. The Supplier name, address and contact details will appear on both your Booking Confirmation and Travel Ticket for the Service.

   9    Modification and Cancellation of Bookings

         9.1.    You may modify the Service Requirements of a Booking up to one full Business Day prior to the Service Commencing. The application of any such modification shall be subject to the supplier’s acceptance of the change(s) and your immediate payment of any difference in the applicable Sale Price. If a change is applied, we shall issue an appropriately modified substitute Booking Confirmation and Travel Ticket for which a twenty pounds [£20] administration surcharge maybe exacted. Please contact us at our offices on admin@getmeacoach.com to request the modification of a Booking stating the change required and relevant purchase order reference.

         9.2.    You may cancel your Booking at any time up to the commencement of the Service. We shall apply on behalf of our Supplier's the following in keeping with their typical  terms and conditions, that:

                      a)   Inside five Business Days before the Service is due to commence a one hundred percent [100%] cancellation fees will apply and no monies will be refunded to you;

                      b)   Between six and nine Business Days prior to the Service commencement date, any deposit paid shall be non refundable and at least  fifty percent [50%] of the Sale Price for the Service will be charged; and

                      c)   Ten Business Days and more from the Service commencement date, any deposit paid shall be non-refundable.

         9.3.    You should send all cancellation requests to admin@getmeacoach.com stating the relevant purchase order and we will arrange any monetary refund due on behalf of the Supplier once we are in receipt of any payment(s) you made for the Service in cleared funds.

         9.4.    In the event that after paying the necessary deposit to confirm a booking you subsequently fail to complete full payment in cleared funds to us at least ten [10] Business Day prior to the Service commencing we reserve the right on behalf of the Supplier to cancel the Booking and the related Contract.

 10    Child Seats

       10.1.    As per the EU directive 2003/20/EC the following applies:

                      a)   Children must use the correct child seat until they are one hundred and thirty five centimeters [135cm] tall or age twelve [12] (whichever they reach first). They then must wear an adult seatbelt. It is the driver's responsibility to see that children are restrained correctly.   However, there is an exemption for licensed vehicles, which can still carry children even if the correct child seat is not available;

                      b)   Licensed vehicles are subject to the following rules:

                               (i)   Children under three, if in a licensed taxi/vehicle may travel unrestrained in the rear if no child seat is available.

                              (ii)   For children aged three and above, they must use an adult seatbelt, if no child seat is available or taken.

       10.2.    In summary, the Suppliers’ policy is typically as follows:

                      a)   Children under three [3] years of age may travel unrestrained (on an adult's lap) in the rear of a vehicle if no child seat is provided, however, will still count towards the vehicle occupancy;

                      b)   If customers choose to use or take a child seat, then the child must be included in the total number of passengers travelling, as a seat in the vehicle will be required;

                      c)   Children aged three [3] years and above always count as passengers and occupy a seat, and must use an adult seat belt if no child seat is provided;

                      d)   If parents choose to use a car seat, we recommend they take their own to ensure safety standards; and

                      e)   If you state the number of child seats needed in the Service Requirements, some Suppliers may be able to provide a limited range and number of child seats to cater for this within the Sale Price.

 11    Articles of Luggage & Belongings

       11.1.    It is essential you provide a summary of the articles of luggage, belongings, and other paraphernalia the Passenger(s) wish to transport with them in the Service Requirements. Please note: the carriage of extra luggage, belongings or other paraphernalia without prior arrangement may  be refused or subject to a surcharge and require the service to be delayed while the provision of larger and/or additional vehicles with specialised carriage facilities are arranged, the cost for which you will be liable to pay directly to the supplier upon demand.

       11.2.    Please inform us in the Service Requirements, if any Passenger(s) are wheelchair users. It is important that you inform us whether the wheelchair used in connection with the Service will be collapsible, so that we can ensure that the correct vehicle is booked to meet your needs.

       11.3.    We reserve the right on behalf of the Supplier to refuse to transport or accommodate articles of luggage, belongings, paraphernalia, transportation equipment or animal that in the driver’s opinion:

                      a)   may cause injury;

                      b)   may cause damage to property or a hazard;

                      c)   there is insufficient space to accommodate as the volume or specific dimensions provided in the Service Requirements were incorrect.

                      d)   is carried or packed in a manner that is unsuitable and/or unsafe to transport.

 12    Behaviour

       12.1.    We reserve the right on behalf of the Supplier to decline, rescind, or terminate the Service to any Passenger(s) who has or is in the driver’s opinion:

                      a)   putting the safety of the vehicle, driver and/or Passenger(s), including them self, at risk or causing damage to property, in particular the vehicle and its content; or

                      b)   acting in an anti social, violent, riotous, disorderly, unruly or offensive manner; or

                      c)   in a perceivable deteriorating condition or in sufficient ill health (whether physical, mental or emotional) as to suggest a risk to their well being or the health of any other Passenger(s) could arise during the Service, maybe exacerbated by the Service or already exists; or

                      d)   is consuming alcohol without prior agreed consent, smoking, taking illegal drugs or conducting any other unlawful activity on the vehicle.

       12.2.    If a circumstance as set out in clause 12.1 occurs:

                      a)   the Supplier cannot accept responsibility or compensate for any resulting claim, demand, damages, expense, costs or loss whatsoever that may be incurred by you or any Passenger(s); and

                      b)   you must promptly reimburse the Supplier directly upon demand for any claim, demands, damages, loss, cost, or expenses that are incurred by them as a direct result or consequence.

 13    Data Protection

       13.1.    For the purposes of the Data Protection Act 1998, we are a data controller. In order to process your Quote Request and confirm a Booking we need to collect certain personal details from you. These will include, where applicable, the names and addresses of intended Passengers, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition that may affect the Service and any dietary restrictions, which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you. In order to process your Quote Request we may share your information with our Supplier or other involved third party. We will provide only the personally identifiable information necessary for us to obtain Offers, arrange a Booking and for the Supplier to arrange and undertake the Service. The information may also be provided to security or credit checking companies, or as required by law.

       13.2.    We have appropriate security measures in place to protect the personal details you give us. Where the Service is to take place outside the European Economic Area, (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not pass any information on to a company and/or organisation that is not responsible for dealing with some part of a Quote Request or providing the Service. Where you provide us with personal details relating to any special requirements and/or details of any illnesses, disabilities or religious requirements, you consent to this information being passed onto any organisation or companies responsible for any part of the Service whether in the EEA or not. If we cannot pass this information to the relevant Suppliers, we cannot process your Quote Request.

       13.3.    We are entitled to assume you do not object to our doing any of the things mentioned herein unless you tell us otherwise in writing. You are generally entitled to ask us (by letter or e-mail) what details of yours are held or being processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. Please email us at admin@getmeacoach.com. In limited circumstances, we are entitled to refuse your request. Except where expressly permitted by the Data Protection Act 1998, we will only deal with the personal details you give us as set out in this clause 14 unless you agree otherwise.

 14    General Liability

       14.1.    Nothing in these terms and conditions shall limits or excludes:

                      a)   liability for death or personal injury resulting from our negligent act or omission (as defined by the Unfair Contract Terms Act 1977);  and

                      b)   liability for a fraudulent act we commit;

       14.2.    We accept responsibility for our officers, employees, partners, and agents whilst acting within the scope of or in the course of their employment dealing with the purchase of a Service. We will not however be liable for any injury, illness, or death where such injury, illness, or death resulted otherwise than by a lack of reasonable care/skill on our part in performing our obligations hereunder. We will accordingly pay to you such damages as are applicable in such circumstances under English Law.

       14.3.    In circumstances other than those set out in clause 14.1, our total liability will be limited to the monies paid for the relevant Service or the direct expense, costs or loss you incur which are a foreseeable consequence of our failure, whichever the lesser. In no event shall we be liable to you, the Passenger(s) or other third parties for any indirect or consequential loss or special, incidental, exemplary, nominal, restitutionary or disgorgement damages whether in tort, contract or otherwise in connection with these terms and conditions.

       14.4.    We can not accept responsible for any claim, expense, cost, loss, demands or damages resulting from or related to any of the following: (a) the act or omission of the person(s) affected, you or any other Passenger; (b) the act or omission of a third party not connected with the purchasing or provision of the Service(s) which we could not have predicted or prevented; (c) the act or omission of anyone who is not carrying out work for us (generally or in particular) at the time; (d) an event or circumstance that neither the Supplier or we could have predicted or prevented; (e) the purchase or attempted purchase of the Service(s); or, (f) a Force Majeure.

       14.5.    Services are only for private use. Neither the Supplier or we will be liable or responsible for any business related loss, cost, expenses or damages however caused, even if foreseeable (including any loss of contracts, loss of use, loss of reputation, loss of goodwill, loss of profits, loss of revenue or loss of anticipated savings in expenditure or any loss or corruption of data).

       14.6.    In the event a Booking is cancelled under clause 5.4 or 9.4, you accept the Supplier will not be responsible or liable for any expenses, cost, loss, demands, damages, or claim whatsoever which results from or is related to the Service, its purchase, or provision.

       14.7.    We acknowledge your undertaking to indemnify us and our officers, agents, partners and employees against any costs, losses, claims, expenses, demands and damages, (including without prejudice to the generality of the foregoing indirect or consequential loss or special, incidental, exemplary, nominal, restitutionary or disgorgement damages), that result from or are a consequence of: (a) any breach of your obligations hereunder or under a related Contract; or, (b) any negligence, fraud, misrepresentation, tortious act, or omission by you or the Passenger(s).

       14.8.    Nothing shall affect your statutory rights as a consumer unless expressly stated in these terms and conditions. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.

 15    Website Liability

       15.1.    We provide information on Our Website(s) free of any charge and without liability for the information given.

       15.2.    We do not accept any liability for the quality or type of Services or goods provided by Suppliers or other third parties, those whom we mention on Our Website(s) or to whom we have linked Our Website(s).

       15.3.    We are a distributor (and not a publisher) of content submitted by third parties to the website(s). Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made on Our Website(s). The information on Our Website(s) does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any decisions.

       15.4.    Neither we nor any other party (whether or not involved in producing, maintaining or delivering Our Website(s)), shall be liable or  responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of Our Website(s). This exclusion shall include any servicing or repair costs, loss, claim, expenses, demand, damages, and any other direct, indirect or consequential loss, special, incidental, exemplary, nominal, restitutionary or disgorgement damages whether in tort or contract or otherwise in connection with Our Website(s).

       15.5.    By choosing to use Our Website(s), you agree to indemnify us, our officers, agents, partners, and employees from any and all claims (including reasonable legal costs) made by third parties due to, or arising out of: (a) Content you choose to submit, post or transmit to or from Our Website(s); (b) your use of or connection to Our Website(s); (c) your violation of these terms and conditions; or,(d) your violation of any rights of another.

 16    Force Majeure

       16.1.    ‘Force Majeure’, means any unforeseeable circumstances beyond our control, including accidents and related delays, unplanned marches, demonstrations and organised disruption, police operations, unforeseen road hazards, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, adverse weather conditions.

 17    Variation of Booking Terms & Conditions

       17.1.    If you wish to rely on any variations to these terms and conditions or transfer your rights hereunder, you should ensure that such variations and transfers are expressly agreed with us in writing before doing so on a case-by-case basis for each Booking.

       17.2.    These terms and conditions, together with the privacy policy, any order form and payment method instructions, if any, replace all other terms and conditions previously applicable to the use of Our Website(s) and/or sale of the Service on behalf of the Supplier. We may transfer or subcontract any or all of our rights and obligations under these terms and conditions at any time.

       17.3.    We may alter these terms and conditions from time to time at our sole discretion by posting a new version on Our Website that immediately thereafter supersede and replace any previous version. You should check the terms and conditions on the website regularly as the version that governs the purchase of any Service would be those in place at the time of Booking. You may print and keep a copy of these terms and conditions, which form a legal agreement between you and us in respect of their subject matter.

 18    Third Party Rights

       18.1.    Except as expressly provided hereunder, a person who is not a party to these terms and conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any clause of these terms and conditions, but this does not affect any right or remedy of another party which exists or is available apart from that Act.

 19    Severability

       19.1.    If a court or administrative body of competent jurisdiction rules a clause to be invalid, unenforceable, or illegal it shall be deleted from this agreement and the remainder of the clauses will continue to be enforceable in any event.

       19.2.    If any part of a clause is held to be invalid, unenforceable or illegal for any reason then that part will be deemed changed, qualified or (as a last resort) deleted to the minimum extent necessary for it to become valid, enforceable and legal. The remainder of the clauses will continue to be enforceable in any event.

       19.3.    We may in the circumstance referred to in clause 19.1 when clause 19.2 does not apply attempt to substitute for any invalid, unenforceable or illegal clause a valid, enforceable and legal clause which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable clause.  Both our and your obligations under the invalid or unenforceable clause shall be suspended while an attempt at such substitution is made.

 20    Legal Jurisdiction & Law

       20.1.    The laws of England and Wales, notwithstanding the jurisdiction where you are located, govern these terms and conditions and your use of Our Website(s). You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute, which may arise out of, under, or in connection with these terms and conditions. We make no warranty or guarantee that Our Website(s) or information available over them complies with laws other than those of England.

 21    Waivers

       21.1.    Any concession, latitude or waiver given shall only apply to the extent specifically covered by that concession, latitude or waiver and shall not prevent a party otherwise exercising its full rights under these terms and conditions nor be construed as a waiver for any subsequent breach. No relaxation, forbearance, delay, or negligence in exercising a right or remedy under these terms and conditions or the granting of time to the other party shall prejudicially affect or restrict the rights and powers of either party.

 22    General Intellectual Property Rights

       22.1.    Any Intellectual Property Rights belonging to us shall remain solely vested in us and those controlled by us vested to the extent so controlled. We rely on your undertaking not to damage or endanger our or any other third parties Intellectual Property Rights, in consideration of which we grant you a non-exclusive and royalty-free license to use all deliverables and other materials provided by us in connection with these terms and conditions for the sole purpose of benefiting from your booked Service, subject to our pre-existing rights.

 23    Website(s) Intellectual Property

       23.1.    Our Website(s) contains copyright material, trade names, and other proprietary information, including text, software, photos, graphics and may in future include video, graphics, music, and sound. Copyright law protects the entire contents of the Our Website(s). We, or our licensors, own copyright and/or database right in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in these terms and conditions.

       23.2.    You may download information from the website for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.

       23.3.    We provide hypertext links to other websites operated by other people. Using such a link means, you are leaving Our Website(s) and we take no responsibility for, and give no warranties, guarantees, or representations in respect of linked website(s).

 24    Accuracy of Information and Disclaimer

       24.1.    We do our best to ensure all material and information on Our Website(s) is accurate, but regrettably, errors do occur. We reserve the right to rectify such errors without financial loss and may as a result have to cancel your Booking(s). If we cancel Booking under this circumstance, we shall refund monies paid for the related Service(s) after we receive the payment(s) in cleared funds.

       24.2.    If you find any inaccurate information on Our Website(s) let us know and we will correct it, where we agree, as soon as practicable. We make no representations that information or material is accurate, up to date or complete, and accept no liability for any cost, loss, or damage caused by inaccurate information. Our Website(s) provides a large amount of information and there will inevitably be errors in it. We accept no liability and offer no warranties in relation to it and its content to the fullest extent such liability can be excluded by law.

       24.3.    Any views expressed in Reviews and/or any other messages sent to us to publish on Our Website(s) (‘Postings’) are not necessarily ours or those of anyone connected with us.

       24.4.    We cannot accept responsibility or liability for your actions or omissions, including those based on our advice or recommendations that are ignored, followed, or otherwise acted upon entirely at your own risk.

 25    Rules of Posting

       25.1.    We encourage contributions to Our Website(s) (in particular www.getmeacoach.com) provided they are submitted in a responsible manner and for lawful purposes only. Only expressions of genuinely held belief or opinion of a person who has actually booked and/or received the benefit of the Service in question may be posted. You shall be responsible for the contents of all Postings made by you or on your behalf and undertake to indemnify us against any claims, demands, damages, loss, expenses, costs we may suffer resulting from, in connection with or as a consequence of such Posting(s).

       25.2.    With the exception of personally identifiable information, any material you send or post to Our Website(s) shall be considered non-proprietary and not confidential. Unless you advise, to the contrary we will be free to copy, disclose, distribute, incorporate, and otherwise use such material for any purposes. 

       25.3.    We cannot review all transmissions by our users, however we reserve the right to monitor any information transmitted or received through Our Website(s). At our sole discretion, comments posted on Our Website(s) maybe removed without further explanation or notice and we reserve the right to identify the submitter in response to a court order, threat of legal action or complaint.

       25.4.    If you see any comment or message posted on Our Website(s) which breaches your or anyone else's rights or may be illegal, defamatory, confidential, inappropriate or otherwise you feel should be removed, please promptly advise us of it by email to admin@getmeacoach.com and we shall do our best to remove it as soon as possible pending investigation of the matter.

       25.5.    When using Our Website(s) you must not post or send to or from Our Website(s) any material:

                      a)   For which you have not obtained all necessary consents;

                      b)   That is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;  or

                      c)   That is harmful in nature including computer Viruses, Root kits, Worms, Trojan horses, corrupted data, or other potentially harmful software or data.

       25.6.    You may not use, or allow others to use, your Review Questionnaire to:

                      a)   Post any content that is abusive, vulgar, obscene, pornographic, hateful, fraudulent, unlawful, threatening, harassing, or defamatory or which discloses private or personal matters concerning any person;

                      b)   Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or entity;

                      c)   Post or transmit any advertising, promotional materials, or other forms of solicitation;

                      d)   Post or transmit any file that contains Viruses, Worms, Root kits, corrupted files, Trojan Horses, or any other contaminating or destructive features that may damage someone else's computer;

                      e)   Post or transmit any material that you do not have a right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (as in non-disclosure agreements);

                       f)   Post or transmit any material which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom; or

                      g)   Stray from the discussion topic.

 26    Barring From Our Website(s)

       26.1.    We reserve the right to bar users from Our Website(s), on a permanent or temporary basis at our discretion. We will notify such user, who must not then attempt to use Our Website(s) under any other name or through any other user.

 27    Third Party Website Links

       27.1.    We provide any links to third party websites located on Our Website(s) for your convenience only and we have not reviewed each such third party website and have no responsibility for such third party websites or their content.  We do not endorse the third party websites or make representations about them or any material contained in them.  If you choose to access a third party website linked to from Our Website(s), it is at your own risk.

       27.2.    If you would like to link to one of Our Website(s), you may only do so with our written permission on the basis that you link to, but do not replicate, any page on that Website, and subject to the following conditions:

                      a)   You do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

                      b)   You do not misrepresent your relationship with us or present any false information about us;

                      c)   You do not link from a website that is not owned by you; and

                      d)   Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person, or does not comply in any way with the law in the United Kingdom.

       27.3.    If you choose to link to Our Website(s) in breach of clause 27.2 you shall fully indemnify us against any claim, expenses, costs, damages, demands or losses we may suffer resulting from, in connection with or as a direct or indirect consequence of that action.

 28    Notices

       28.1.    All notices shall be in writing to us by email to admin@getmeacoach.com and to you at either the e-mail or postal address provide in your Quote Request. A notice sent to a postal address shall be deemed received two Business Days after the stamped postal date and a notice sent by email on the day it is sent if during Business Hours otherwise the next Business Day.

 29    Interpretations & Definitions

       29.1.    The definitions and rules of interpretation in this clause apply in these terms and conditions:

                      a)   Except where the context otherwise requires words denoting the singular include the plural and vice versa; words denoting any one gender include all genders;

                      b)   References to clauses are, unless the context otherwise permits, references to clauses herein;

                      c)   Where the words ‘include(s)’, ‘including’ or ‘in particular’ are used they have considered to have ‘without limitation’ following them and where the context permits, the words ‘other’ and ‘otherwise’ are illustrative and shall not limit the sense of the words preceding them;

                      d)   Any obligation on a person, body corporate, partnership, firm or other legally recognised entity not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done;

                      e)   Unless the context otherwise requires those clauses that relate to any subject matter of which there are more than one shall apply severally to each;

                       f)   Clause headings are for reference only and do not affect its’ construction; and

                      g)   Any reference to a provision of a statute, enactment, ordinance, order, regulation or other similar instrument and all statutory instruments, order, regulation or other similar instrument made pursuant to it shall be construed as a reference to that provision as emended, amended, re-enacted, consolidated or extended at any time, from time to time.

                      h)   Definitions:

‘BACS’	(Originally an acronym for Bankers' Automated Clearing Services) is a United Kingdom scheme for the electronic processing of financial transactions. BACS Direct Debits and BACS Direct Credits are made using the BACS system. BACS payments take three working days to clear: they are entered into the system on the first day, processed on the second day, and cleared on the third day;
‘Booking’	shall have the meaning ascribed to it as defined in clause 4.1;
‘Booking Confirmation’	shall have the meaning ascribed to it as defined in clause 4.3;
‘Business Day’	any day other than: a)   Saturday or Sunday; b)   Christmas Day, Boxing Day, New Years Eve, New Years Day; c)   A Bank Holiday in the United Kingdom; or d)   All official substitute date set by the government of the United Kingdom for the aforementioned days and bank holidays from time to time;
‘Business Hours’	means the UK time period between 9:00 hours to 17:00 hours during Business Days;
‘CHAPS’	(Originally an acronym for the Clearing House Automated Payment System) refers to the British company established in London in 1984, which offers same-day sterling and euro fund transfers. CHAPS is a member of the trade organisation APACS, and the EU-area settlement system TARGET. A CHAPS transfer is initiated by the sender to move money to the recipient's account (at another banking institution) where the funds need to be available (cleared) the same working day. Unlike with a bank giro credit, no pre-printed slip specifying the recipient's details is required. Unlike cheques, the funds transfer is performed in real-time removing the issue of float or the potential for payments to be purposefully stopped by the sender, or returned due to insufficient funds, even after they appear to have arrived in the destination account. CHAPS transfers are relatively expensive, with banks typically charging as much as £30 for a transfer;
‘Force Majeure’	shall have the meaning ascribed to it as defined in clause 16;
‘Incoterms’	means the international rules for the interpretation of trade terms of the International Chamber of Commerce or any appointed subsequent successor;
‘Intellectual Property Rights’	means all intellectual property rights of whatever nature including, but not limited to, all patents, utility models and other rights in inventions; all copyright and database rights; all source code, object code and other rights in software; all design rights, registered design rights and other rights in designs; all trade names and logos and other rights in the nature of trade marks; all goodwill and all equivalent or similar rights arising anywhere in the world, whether registered, unregistered or the subject matter of an application for registration;
‘Law’	means any applicable law, statute, bye-law, regulation, order, regulatory policy, rule of court, delegated or subordinate legislation;
‘Offer’	shall have the meaning ascribed in clause 3.3;
‘Our Website(s)’	means in plural all and singular one of the websites we own and/or control in particular: a)   www.getmeacoach.com;
‘Passenger’	means you and/or any other individual whom receives the benefit of the Service;
'Postings'	shall have the meaning ascribed to it as defined in clause 24.3;
‘Sale Price’	means the monetary charge stipulated for a Service which shall be the aggregation of the Supplier asking price inclusive of our commission for selling the Service, any third party transaction fees (such as those of a credit card company and our payment gateway provider), our handling cost surcharge, any applicable VAT and/or other relevant taxes;
‘Quote Request’	shall have the meaning ascribed to it as defined in clause 3.1;
‘Service Requirements’	shall have the meaning ascribed in clause 3.1(b);
‘Travel Ticket’	shall have the meaning ascribed in clause 4.4;
‘VAT’	shall have the meaning given to it in the Value Added Tax Act 1994; and
‘Writing or Written’	shall have the ordinary meaning ascribed to it, including typewritten documents and correspondence, telex, cable, facsimile/electronic transmission, email and other comparable means of communication.