Terms and Conditions of carriage
- 1. Definitions
1.1. In these Conditions, the following words shall have the meaning ascribed to them unless the context requires otherwise;
|Collection Location||means our Home Location, or the address specified by us for the purposes of receiving your Consignment for the outward journey to the Destination Location;|
|Conditions||means these conditions and any appendices or schedules attached hereto or referred therein;|
|Consignment||means a motorcycle and/or associated possessions (such as crash helmets), whether in a single item or in bulk or contained in one parcel, package or container, as the case may be, or any number of separate items, parcels, packages or containers sent at one time in one load by or for you from one location to one location;|
|Dangerous Goods||means any hazardous items specified in the UNRTDG, the European Agreement Concerning the International Carriage of Dangerous Goods by Road, the International Civil Aviation Organisation Technical Instructions, the International Air Transport Association Dangerous Goods Regulations or any other national or international legislation, rules or guidance relating to the transport of dangerous goods by rail, road, air or sea and any other items or categories of items, which we consider to be dangerous goods and notify you accordingly;|
|Destination Location||means the address specified by us for the purposes of either a) making your Consignment available for collection by you, or b) in the event that you have selected a return service, to receive your Consignment for the return journey to the Collection Location;|
|Home Location||means our address at Bikeshuttle Ltd.
|Prohibited Goods||means firearms, weapons, explosives and munitions (including but not limited to replicas, imitations and blank firing pistols), animals, animal parts, livestock, insects, tobacco or tobacco products, drugs, medicines, chemicals, substances and any items the carriage of which would be prohibited by any law, rule or regulation of any country in or over which the Consignment travels;|
|Restricted Goods||means any valuable goods such as (without limitation) bullion, cashiers or travellers cheques, currency, money orders, negotiable instruments in bearer form, credit or debit cards, important documents (including passports, tenders, share and option certificates), stamps, antiques, unprotected furniture, precious stones or metals, artwork, jewellery or valuable items of wear (including occasional wear, designer items (including clothing, watches, shoes and handbags)) unless otherwise agreed in writing by us with you;|
|UNRTDG||means the United Nations Recommendations on the Transport of Dangerous Goods;|
|We||means Bikeshuttle Limited (company number 08763532) whose registered office is at 3 Tunnel Hill Mews, Knock Lane, Blisworth, Northampton NN 3DA, and includes our employees, agents, sub-contractors and assigns and “us” and “our” will be interpreted accordingly;|
|Working Day||means any day which is not a Saturday, Sunday or a public holiday in England and Wales;|
|You||means the person, body or body corporate whose order for the delivery of a Consignment is accepted by us, and includes the employees, agents and subcontractors of that person, body or company, and “your” will be interpreted accordingly.|
1.2.1. In these Conditions, the following rules apply:
22.214.171.124. a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
126.96.36.199. a references to a party includes its personal representatives, successors or permitted assigns;
188.8.131.52. a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
184.108.40.206. any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
220.127.116.11. reference to writing or written includes faxes [and e-mails].
- 2. The Service
2.1.1. We offer a shuttle service to transport Consignments containing a motorcycle and associated equipment (e.g. crash helmet) from one location to another. Our services are scheduled and you acknowledge it is your responsibility to be present in good time before the scheduled time to allow for the embarkation or disembarkation of your Consignment and the timely departure of our service from the relevant location. In the event that you fail to show up for your Consignment’s scheduled embarkation, the service may depart without you and we shall not be liable to you in such circumstances.
2.1.2. We will subject to the provisions set out in these Conditions:
18.104.22.168. accept the Consignment for embarkation onto the service when presented by you to Us at the agreed Collection Location at the specified time;
22.214.171.124. transport the Consignment using either our own vehicles, or a subcontractor;
126.96.36.199. make the Consignment available to you to collect at the Destination Location; and
188.8.131.52. where relevant (for example where you have chosen a two-way service), also receive the Consignment from you at the Destination Location and transport it to the Collection Location and make the same available for you to collect.
2.1.3. Where agreed, we may also store Consignments for your collection at or near the relevant location, or at our Home Location.
2.2. The Consignment
2.2.1. You warrant that:
184.108.40.206. you own, or are an agent of the owner of, the Consignment and that you have full authority in all matters pertaining to the Consignment;
220.127.116.11. you acknowledge that it is not our policy to carry Dangerous Goods or Restricted Goods (unless otherwise agreed), and we do not carry Prohibited Goods under any circumstances and therefore, you further warrant that any Consignment does not contain:
18.104.22.168.1. Dangerous Goods and/or Restricted Goods (except as otherwise agreed between us in writing at the time of making the contract); and/or
22.214.171.124.2. Prohibited Goods;
126.96.36.199. the contents of the Consignment conform to all applicable regulations and laws including the Customs clearance where relevant;
188.8.131.52. the Consignment (or any part thereof) is in good working order, free from defects that could cause damage or harm to either our equipment, employees or other vehicles belonging to third parties, and safe to be transported considering the risks inherent in road, or sea transportation;
2.2.2. You shall declare to us the value of the Consignment prior to our acceptance of the same at the Collection Location. You accept that in the event of a claim, you will not under any circumstances be entitled to more than the value you have declared.
2.2.3. Where the value of the Consignment is declared at a value which exceeds our maximum liability as set out under these Conditions, you acknowledge that it is your responsibility to ensure that the Consignment is sufficiently covered, either through insurance, or self-insurance, against any shortfall between our maximum liability and the value of the Consignment.
2.2.4. In the event that you fail to declare a value to us, the extent of our liability shall be determined in accordance with clause 5 (Liability) of these Conditions.
2.2.5. Dangerous Goods
184.108.40.206. You must disclose any Dangerous Goods in the Consignment and if we do accept them, you will ensure that any such Dangerous Goods must:
220.127.116.11.1. be classified, packed, marked, labelled; and
18.104.22.168.2. documented in accordance with the statutory regulations for the carriage by road of the substance declared.
2.2.6. It is your responsibility to ensure that you obtain any necessary customs clearance for any part or all of the Consignment. We will not be responsible for any refusal or detention or confiscation of the Consignment by any Customs authorities.
2.2.7. You shall indemnify us and hold us harmless against any losses, damages, fines, damages, costs, expenses (including reasonable legal expenses) suffered by us as a result of your breach of any of the provisions set out in this clause 2.2.
2.3. Collection and Delivery
2.3.1. We shall agree with you the Collection Location and Destination Location.
2.3.2. You shall be responsible for bringing the Consignment that you wish for us to transport to us at the agreed Collection Location (if one way) or the agreed Destination Location (if return service is selected) at the time specified by us.
2.3.3. You acknowledge that the service is a shuttle service which must depart by a certain time in order to keep its schedule. If you are late, the service may depart without your Consignment and we will not be liable to you whatsoever.
2.3.4. We will embark the Consignment onto our shuttle service. It is your responsibility to ensure that the Consignment can be clearly identified as yours, is safe to be embarked, and safe to be transported.
2.3.5. For the avoidance of doubt, you acknowledge that you are giving the warranties set out in clause 2.2.1 on each occasion you are presenting the Consignment to us for transport between the agreed Collection Location and Destination Location.
2.3.6. Risk in the Consignment passes to us when the Consignment is accepted by us and will pass to you when transit ends.
2.4.1. Transit shall begin when we accept the Consignment and will end when:
22.214.171.124. the Consignment is handed over to you at the relevant location; or
126.96.36.199. the Consignment is unclaimed by you 24 hours after our arrival at the relevant location.
2.4.2. You accept and acknowledge that transit will take place using any route and method we in our sole discretion think fit.
2.4.3. Where it is necessary to use third party transport, including without limitation, sea transportation, or rail transportation, you acknowledge that we are acting as your agents in this regard and you give us full authority to act on your behalf. Accordingly, you further acknowledge that such portion of the transit of the Consignment is subject to the terms and conditions of the third party, and we are not liable for any loss or damage to the Consignment which occurs during the time the Consignment is subject to such terms and conditions.
2.4.4. Time is not of the essence. You acknowledge that there are many factors during transit which are outside of our reasonable control and may affect the time of delivery.
2.5.1. We offer storage services at our Home Location for an additional charge depending on the length of time you wish for the Consignment to be stored prior or post transportation.
2.5.2. We will take reasonable steps to ensure that the Home Location is secured.
2.5.3. Where applicable, we will take reasonable steps to store Consignments at an appropriate site at or near to the Destination Location. If this is not reasonably practicable, we reserve the right to store Consignments in our vehicles.
2.5.4. We will not be liable for any loss or damage to the Consignment unless and only to the extent that such loss or damage was wholly as the result of our deliberate and wilful negligence.
2.6. Signed Receipts
We shall, if so required, sign a document or electronic record prepared by you acknowledging the receipt of the Consignment provided that you understand that such document or electronic record does not constitute our acceptance of the actual condition of the Consignment or its nature, quantity or weight at the time of collection, and that the burden of proof shall rest with you.
2.7. Unclaimed Consignments
2.7.1. You acknowledge that a Consignment will be considered as unclaimed if it is not collected by you within 24 hours of either our arrival at the relevant location, or the expiry of the agreed storage period as applicable.
2.7.2. Where we are able to identify you as the owner of the Consignment, we will use our reasonable endeavours to contact you using the information you have provided to us.
2.7.3. If you do not respond, or in the event that we are not able to identify you as the owner of the Consignment, we may:
188.8.131.52. store the Consignment at your cost until it is claimed by you; or
184.108.40.206. sell the Consignment for what we consider to be a reasonable price and hold the proceeds of such sale on your behalf less our expenses related to the storage and/or the sale of the Consignment.
- 3. What we will do
3.1. We will use our reasonable endeavours to:
3.1.1. transport the Consignment between the relevant locations within a reasonable period of time;
3.1.2. subject to clause 2.4.3, avoid losing or damaging the Consignment during transit; and
3.1.3. carry out the services with reasonable skill and care;
- 4. Price and Payment
4.1. Unless otherwise agreed by us, the Price for the services shall be agreed and paid by you prior the commencement of the services. A deposit of 25% is payable to secure your place(s). This is not refunddable in any event. The balance of the payment is due eight weeks before the date of travel. If not paid the deposit moneys are forfeited and the booking will be canceled. Cancelations during the eight weeks before departure (when the balance has also been paid) will incur a 100% charge.
4.2. We will be under no obligation to carry out the services to you until we have been paid in full.
4.3. Unless otherwise expressly stated, all Prices and sums are not applicable for VAT.
4.4. In the event that we have agreed payment terms other than as set out in clause 4.1, you shall pay the Price in strict accordance with those agreed terms without set off, withholding or counterclaim. Should you fail to pay in accordance with such agreed terms, any credit terms shall be cancelled with immediate effect and all invoices or accounts issued by us shall become immediately due and payable.
4.5. In the event you fail to pay the Price, we may suspend provision of the service, exercise our rights of lien, and/or apply interest at the rate permitted by the Late Payment of Commercial Debts (Interest) Act 1998.
4.6. We will not refund where you have failed to show at the relevant location at the specified time.
- 5. Liability
5.1. Our maximum liability to you in respect of any one Consignment is £20,000.
5.2. Our liability to you will be calculated on the basis of the open market value of the items in the Consignment taking into account the age and condition of such items. You acknowledge that this is a fair and reasonable basis of calculation, unless such declared value exceeds that set out in clause 5.1, in which event our maximum liability to you shall be that as set out in clause 5.1. Where this is not sufficient, we strongly advise you to declare a value or obtain your own insurance as appropriate.
5.3. You acknowledge that you are best positioned to know the value of the Consignment and whether that will exceed the amount set out in clause 5.1. You accept that it is at your risk, and your responsibility, should you still choose us to perform the service, and that you shall obtain insurance sufficient to cover any shortfall.
5.4. The maximum limit set out in clause 5.1 shall not apply:
5.4.1. in claims arising from personal injury or death in which event our liability us not limited;
5.4.2. in circumstances where the law does not permit limitation of liability, in which event our liability is not limited to the extent it is not possible to do so;
5.4.3. where the loss or damage occurs as a result of the negligent acts and/or omissions of a third party used in accordance with clause 2.4.3 in which event our liability to you shall be no greater than that ordinarily recoverable from that third party subject to their terms and conditions.
5.5. We are not liable to you for any delay which is out of our reasonable control. Time is not of the essence and the nature of the service is such that we do not make any guarantees as to the exact time and date the Consignment will arrive at the relevant location.
5.6. You acknowledge that it is your responsibility to check the Consignment when it is made available to you to collect at the relevant location. We are not liable for any loss or damage to the Consignment howsoever caused where you have been given the opportunity to check the Consignment and you have either chosen to forgo undertaking such checks or having carried out such checks did not bring our attention to such loss or damage on the same occasion.
5.7. We will not be liable to you in respect of a Consignment where there has been fraud on the part of you, or your servants or agents, except where such fraud has been contributed to by the complicity of us or our employees acting in the course of their employment.
5.8. Neither Party shall be liable to the other for:
5.8.1. loss of profits;
5.8.2. loss of bargain;
5.8.3. loss of anticipated savings;
5.8.4. loss of goodwill;
5.8.5. economic losses; and
5.8.6. like losses;
irrespective of whether such losses are directly or indirectly incurred as a result of a breach of these Conditions.
5.9. Neither Party shall be liable to the other for any indirect or consequential losses, even if the party had been informed of the possibility of such losses occurring.
- 6. Force Majeure
6.1. We will not be liable to you for any loss, damage, non-delivery, misdelivery or delayed delivery and any costs attached to the delay of a Consignment or for any failure or delay in the performance of the Services under these Conditions due to an event beyond our reasonable control please note that this includes issues relating to the port of Calais being closed, or operation stack at Dover being in place which will delay our shuttle. In these circumstances we will not be liable for costs relating to picking up your Consignment at a later time or costs of your revised travel arrangements.
Including, without limitation, any –
6.1.1. delay or cancellation of shipments, ferries, flights, railway or other transport;
6.1.2. failure of a Consignee to accept delivery of a Consignment;
6.1.3. delays in or refusal of securing customs clearance;
6.1.4. acts of God, acts of government or other authorities, war, riot, civil commotion, malicious damage to property, blockades, strikes, lockouts or other industrial disputes (whether involving our workforce or that of a third party) compliance with any law or governmental order, rule, regulation or direction, seizure under legal process, national emergencies, fire, flood, tempest storm or other weather conditions making provision of the Services impracticable, accident, breakdown of plant or machinery, default of suppliers (including, without limitation, fuel) or sub-contractors.
- 7. Lien
7.1. We have a general and specific lien over all Consignments in our possession, custody or control for all monies owing by you to us at any time. If payment from you is outstanding following their due date, we reserve the right to notify you of the amount of any lien and our intention to exercise the lien by selling the Consignment. If payment of all outstanding amounts owed to us is not received by us in full within 7 Working Days of such notice, we may sell, dispose of or deal with the Consignment as your agent. We will reimburse you any remaining balance of the sale proceeds after deducting all monies owing, including all expenses and charges incurred in the storage, handling, sale, disposal and otherwise dealing with the Consignment. Having done so we will have no further liability to you for the Consignment.
7.2. If we consider the Consignment is likely to perish or deteriorate, we may sell, dispose or deal with the Consignment immediately upon any amount becoming overdue, subject only to our taking reasonable steps to notify you of our intention to do so.
- 8. Unreasonable Detention
You shall be liable to pay demurrage for unreasonable detention of any vehicle, trailer, container or other equipment at our current rates of demurrage but our rights against any other person in respect thereof shall remain unaffected.
- 9. General
- We do not contract as a common carrier. Any Consignment accepted for transit is accepted on these Conditions, to the exclusion of all other terms and conditions whether put forward by you or implied by law (insofar as exclusion of the same is lawful). Delivery of a Consignment to us by you will be conclusive evidence of your acceptance of these Conditions.
- These Conditions, and any order forms used by us to record your order constitute the entire agreement between you and us. Each party acknowledges that in entering into these Conditions and the order form it has not relied on any representation or undertaking, whether oral or in writing, save as expressly incorporated herein.
- If there is any conflict between these Conditions and any other document, these Conditions will prevail.
- These Conditions may be amended from time to time by us, including, without limitation by adding or deleting Services or amending compensation levels. You should regularly refer to our website to obtain a copy of the Conditions which apply when you send a Consignment. Your sending a Consignment with us is deemed acceptance by you of the Conditions as so amended from time to time.
- Failure by us to enforce any of these Conditions is not a waiver of our rights.
- These Conditions are personal to you and you may not assign, license or sub-contract any of your rights or obligations under them without our written consent.
- These Conditions and the Rate Agreement will apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law.
- The provisions of these Conditions are severable and distinct from one another, and if at any time any provision is or becomes unenforceable, the validity, legality or enforceability of the other provisions will not in any way be affected or impaired
- These Conditions are governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.
- It is not intended that these conditions or any contract created on the basis thereof will be enforceable by any third party.