Terms and Conditions of Service
Before you make a booking with carvalet.co.uk, you should read the following terms and conditions of the booking. By making a booking and once an appointment has been made, you are bound under these terms and conditions of booking.
The following words shall have the following meanings in these conditions:
“The Company”: shall mean carvalet.co.uk Ltd and it’s websites including carvalet.co.uk, or any company, firm or individual or person it appoints as its agents whose registered and trading address is carvalet.co.uk Ltd, Bridge View House, Ray Mead Road, Maidenhead. Berkshire. SL6 8NJ. United Kingdom;
“The operative” shall mean the person, sent on behalf of the Company to complete or carry out the/a service. Such a person is not authorized to sign, warrant, act for or enter into a contract on behalf of the Company.
“The Customer”: any individual, firm, company or other party with whom the Company contracts;
“The email address” shall mean the email address that is entered either by the customer or provided by the customer to the company.
“The booking” shall mean the request for the service or goods as provided by the Company.
“The specialist service” shall mean a separate level of service and price designed to deal with exceptional, abnormal or unusual spillages or issues. Such service includes, amongst other features;
- A. The arrival at the customer’s location within 24 hours of request of the service if the customer requires;
- B. A free return visit to the same location to re-try the specialist service should the initial attempt not be successful.
- C. Any requirement for a return visit must be communicated by email by the customer to the Company and acknowledged in writing within seven days of the initial visit;
- D. This level of service does not guarantee successful resolution of the exceptional, abnormal or unusual spillages or issues.
- E. This level of service will specifically state on the confirmation of booking when it has been specified.
“The Confirmation of Booking” shall mean the email only confirmation, that must include the following to be valid;
- A. “The Booked date” shall mean the date on which the service shall be carried out.
- B. “The Location” shall mean the designated by the Customer, location for the service to be carried out or the goods/service to be delivered to;
- C. “The Service or Goods” shall mean the valeting service specification, additional non-valeting service or other products supplied by the Company;
- D. “The arrival time” shall mean the estimated time within which the company will arrive at the location;
- a) “Duration” shall mean the estimated time the company shall take to complete the service
- E. “The vehicle” shall mean the vehicle that the/a service is being carried out upon;
- F. “Price/Cost” shall mean the price for the Service or Goods;
- a) “Call out charge” shall mean the additional charge we will make if the location is outside of our standard telephone code listed coverage areas listed at http://www.carvalet.co.uk/carvaletingcontact.php then click on telephone numbers
- G. “Payment” shall mean the method of payment made for the goods or services and the associated transaction process fees
- H. The use of brackets will indicate the optional extra service/cost.
“The keys” shall mean the keys to the above referenced vehicle that the/a service is being carried out upon;
“The Daily Valet Sheet” shall mean the paperwork or electronic equivalent that contains the customer’s details, the service, location and the vehicle details. Such documents are for the exclusive use of the Company. The Customer is not entitled nor may not copy, reproduce, publish or republish in any form the Daily Valet Sheet.
Reference to any Act of Parliament or to any regulations shall include any Act or regulations surrounding or replacing the Act or regulations referred to.
- 1. Any Services/Goods supplied to the Customer are supplied subject to these conditions. These conditions can only be varied in writing in a document signed by a director or the general manager of the Company.
- 2. The Customer accepts these conditions by placing an order with the Company.
- 3. Any Contract for the supply of Services/Goods (“the Contract”) whether written or oral shall incorporate these conditions.
- 4. Any waiver or breach of these conditions shall not prejudice the Company’ rights in respect of any subsequent breach.
- 5. The Contract may not be assigned or transferred.
- 6. The risk in respect of all Goods supplied to the Customer under the Contract shall pass to the Customer when The Company/it’s Goods reach the Customer’s premises, but the property in the Goods shall not pass to the Customer until full payment has been received by the Company and the Company shall be entitled to ask for a copy of the Customer’s insurance policy under which the Goods are insured by the Customer.
- 7. Notwithstanding the provisions of aforementioned Conditions the Company and the Customer expressly agree that until the Company has been paid in full any sums payable by the Customer to the Company, any Services/goods delivered to the Customer remain the property of the Company and the Customer shall hold them as bailee.
- 8. So long as property in the Services/Goods may not have passed to the Customer the Company may maintain an action against the Customer for the price of Goods and for the expense of recovering any Goods under the power contained in the preceding sub-clause.
- 9. Notwithstanding that the property in the Services/Goods may not have passed to the Customer the Company may maintain an action against the Customer for the expense of recovering any Services/Goods under the powers contained in the preceding sub-clause.
- 10. It is agreed between the Customer and the Company (without prejudice to the generality of salient clauses) that the Company may refuse the service and/or recover the Goods and payment shall automatically become due if: the Customer fails to pay by the due date for any Services/Goods supplied by the Company;
- (a) the Customer does or fails to do anything which would entitle an Administrator or an Administrative Receiver to take possession of any of its assets or would entitle any person to present a petition to wind up the Customer; and/or
- (b) the Customer passes any resolution to wind itself up, publishes a notice covering a meeting of its creditors pursuant to Section 98 of the Insolvency Act 1986 or any statutory modification or replacement thereof; and/or
- (c) the Customer if an individual has a bankruptcy order made against him/her or enters into any arrangement for the benefit of his/her creditors generally and in any such event the Company shall not be obliged to make any further delivery to the Customer.
- 11. If no time for delivery is specified at the time when the order is accepted the Customer shall be bound to accept the Services/Goods when delivered and the Company shall be under no obligation to deliver until the expiry of a reasonable time from the date of the order.
- 12. In respect of Contracts under which the Company sells to a Customer or for delivery outside the United Kingdom the Customer must obtain all the necessary export or import licences, exchange control consents and all other approvals of national and regional practice and in any case not later than the date required to enable the Company to deliver on the earliest date on which the Company is entitled to require the Customer to accept delivery.
- 13. When expedited delivery or completion is agreed to by the Company and necessitates additional costs the Customer shall reimburse the Company for the amount of such costs.
- 14. The Company shall be entitled to charge interest on any part of the Contract price not paid by its due date from that date until payment (whether before or after any Judgement) at the monthly rate of 15 per cent per annum, such interest accruing on a daily basis pro rata AND the parties hereby agree that this is fair compensation for late payment and shall not be construed as a penalty.
- 15. Where a credit limit has been notified in writing by the Company to the Customer the Company may decline to accept orders for services/goods which would result in the specified credit limit being exceeded unless the Customer agrees to pay by credit/debit card prior to delivery/commencement of the service. A credit limit does not oblige the Company to accept part-payment for any order.
- 16. The Company reserves the right to cancel an order at any time prior to delivery due to non-availability of the staff/goods; or, in the event of the Company failing to receive satisfactory references in respect of the Customer, or, where the Company has stipulated payment in advance of delivery and no such payment has been received.
- 17. The Customer may not copy, reproduce, publish or republish in any form any Goods/paperwork supplied/available to him/her by the Company or any photograph or other illustration therein.
- 18. The default method of contact by the Company will be by email.
- 19. Any specification booked will be booked in co-operation with the Company, who will advise in most cases of the appropriate specification based upon the information provided by the customer. Should the customer choose a lower specification than is appropriate for the condition of the vehicle or than is recommended by the Company, the Company will not warrant to the lesser services effectiveness.
- 20. The booking is not confirmed until a ‘Confirmation of Booking’ has been emailed to the address as provided by the customer.
- 21. It is the responsibility of the customer to ensure receipt and accuracy of the email confirmation of booking.
- 22. All on line bookings are subject to checking, validation and revision should any details be incorrect.
- 23. Payment on line of the service does not constitute acceptance by the company of the booking.
- 24. All charges for processing payments are non-refundable regardless of the circumstances.
- 25. The Price payable and payment terms in respect of an order for Services/Goods shall be as specified in writing at http://www.carvalet.co.uk/carvaletingservices_payment.html and is exclusive of Value Added Tax, which shall be added as appropriate at the time of booking.
- 26. Excluding Clauses 22 and 23, the time mentioned for payment in condition 25 for Services/Goods is of the essence of the Contract.
- 27. If the Customer wishes to cancel FOR ANY REASON, they must give at least forty eight hours notice in writing and this must be acknowledged in writing by the Company forty eight hours before the booked date. Failure to do so will incur a 50% cancellation charge in all cases.
- 28. The Company intends to turn up to all bookings made, regardless of the weather/light conditions and start and complete the service on the day as listed on the confirmation of booking form. The company will only cancel with written emailed correspondence. A compensatory offer will only be made with the sole discretion and approval of a Director of the Company.
- 29. The Customer must ensure, prior to arrival of the Company that the vehicle is emptied of all personal and non-fixed items within the car. The Company reserves the right and the Customer hereby acknowledges that right, to either make a further charge for clearance of the customer’s vehicle or refuse to undertake the service which will be treated as a late cancellation and thus a 50% charge will be levied.
- 30. The Customer must ensure prior to arrival of the Company that sufficient space is available for both the Company’s vehicle (generally the size the equivalent of a Range Rover) and their own, along with sufficient movement around both vehicles.
- 31. The Company will use its best endeavors to comply with the date or dates (if any) for delivery/dispatch or delivery of the Services/Goods as agreed when the order is placed, but unless otherwise expressly agreed such date or dates shall be treated as estimates and shall not be binding. The Customer shall accordingly accept delivery of the Services/Goods when tendered and time of delivery shall not be of the essence of the Contract.
- 32. The Customer must ensure prior to arrival of the Company that the location of the service as dictated by the Customer is safe, secure and sufficient for the Company to carry out the service and further that the location allows and permits such activity to be carried out. Any parking charges required or levied as a result of the location as chosen by the Customer will be charged to the customer’s account along with a administration fee of £20.00
- 33. The Customer must ensure prior to arrival of the Company that sufficient fuel is contained within the vehicle to enable the engine to be started and run and the vehicle to be moved should the need arise. The customer hereby accepts that should the vehicle be required to be moved at the sole discretion of the Company, that the Company is hereby authorized to do so, though liability for such movement or the revised location remains with the customer. The Company is however not providing a warranty that it will move the said vehicle.
- 34. The vehicle is booked without being seen in advance and as such the level of specification and estimated completion time may alter. Any alteration of specification will be advised of but not compulsory and will not be charged for or proceeded with, until the agreement of the client has been sought. Once agreed a revised confirmation of booking will be sent to the email address. The customer must refuse the increase in price/service within 10 minutes of dispatch of email by company.
- 35. Such alterations can adversely affect the Company’s future appointments and the Arrival Time. Such variations are understood and fully accepted by the customer.
- 36. The arrival time is an estimated and can fluctuate due to a variety of reasons including the condition of a previous car, weather, traffic and other circumstances outside the control of the company. This is not the liability of the company and it shall not, nor can it ever be held liable for such occurrences. Time is not the essence of the contract.
- 37. It is agreed by the Customer that the late arrival by the company does not constitute a breach of contract by the Company nor does such lateness permit the Customer to cancel the booking without charge.
- 38. The customer will ensure that the keys and vehicle are easily accessible and handed to the operative within 5 minutes of the Company’s arrival, failing which the Company reserves the right to levy a charge equivalent to 50% of the valet cost.
- 39. The customer will not interrupt nor interfere with the Company during the completion of the service. Should the customer delay the completion of the service by the Company or remove the vehicle before its completion, the Company reserves the right to terminate the service forthwith, without completing the remaining outstanding specification or provide any refund.
- 40. The customer must be at the location throughout the duration and available upon completion.
- 41. Upon completion of the service the customer will be asked to inspect the vehicle and confirm with a signature that the service has been completed to the specification as explained upon the Company’s web site.
- 42. Should the customer be unsatisfied with completion of the service, the customer is required to detail the points to the Company by email and attach photographs of the areas of concern, which must also be acknowledged by the Company prior to the operative leaving the location. The points must then be communicated by the customer to the operative on site prior to the departure of the operative and the customer must allow the operative an opportunity to rectify such points.
- 43. Upon completion of the service the customer will be asked to inspect the vehicle and confirm with a signature that no damage has occurred during the operation of the Company’s service.
- 44. The customer is required to sign the daily valet sheet, print their name and add the time completion of the service.
- 45. If the customer is not available at the completion of the service, the customer accepts that a signature may be obtained by the Company from any reasonable person and that such signature will be accepted as having the same legal authority as that of the customer.
- 46. Should the customer subsequently be unsatisfied with the service/goods, the customer must immediately and in any event within 48 hours, communicate the exact and complete nature of the complaint and include photographs of the areas of concern.**THIS EXCLUDES THE SPECIALIST SERVICE**
- 47. Failure to make any such claim in the period(s) specified in clause 46 above shall constitute unqualified acceptance of the Service/Goods and waiver by the Customer of all claims relating to the Service/Goods.
- 48. If the customer has specified and paid for, which has been acknowledged as such with a confirmation of booking, The specialist service, any requirement for a return visit must be communicated by email by the customer to the Company and acknowledged in writing within seven days of the initial visit;
- 49. Any return visits (Excluding those under clause 48 above) made by the Company are at the sole discretion of the Company and are not open to negotiation or alteration without the express written agreement of a Director of the Company.
- 50. An opportunity must be offered by the customer within seven days of the initial valet, for the Company to return and view or if deemed appropriate solely by the company, correct or reattempt the initial service at the same location as originally booked by the customer.
- 51. If the Company shall be prevented or hindered from supplying all or any of the Services/Goods in accordance with the order by any circumstances beyond its reasonable control (including without prejudice to the generality of the foregoing force majeure delay by supplier trade disputes including disputes involving the Company’s own workforce and all other causes whether or not of a similar nature beyond the reasonable control of the Company) the Company shall be entitled by notice by telephone or in writing to the other forthwith to rescind the Contract and in such circumstances the Company shall not be liable to the Customer for any direct or consequential loss or damage suffered by the Customer as a result of the Company’s inability to perform its obligations.
- 52. Save as aforesaid (and save in respect of death or personal injury resulting from the negligence of the Company, its servants or agents), the Company shall not be liable for any claim or claims for direct or indirect or consequential or incidental injury loss or damage made by the Customer against the Company (whether in contract or in tort, including negligence on the part of the Company or its staff) arising out of or in connection with any defects of any Service/Goods supplied or any act, omission, neglect or default (whether or not the same constitutes a fundamental breach of the Contract or breach of a fundamental term thereof) of the Company or its staff in the performance of the Contract.
- 53. Subject only to the provisions of these conditions no statement undertaking warranty or condition express or implied by law, trade, custom or otherwise shall apply to the Contract.
- 54. The Customer shall indemnify the Company against all actions, claims or demands by third parties against the Company howsoever arising directly or indirectly in respect of or in connection with the Service/Goods or the Contract by the Company to supply the same upon the terms and conditions herein contained.
- 55. Without prejudice to the foregoing the Company shall in no circumstances be liable for any loss, damage, costs or expenses which exceed in the aggregate the price of the goods.
- 56. If at any time any one or more of the provisions of the above clauses or sub-clauses is or becomes invalid, illegal or unenforceable in any respect under any law the validity and enforceability of the remaining clauses and/or sub-clauses hereof shall not in any way be affected or impaired thereby.
- 57. These conditions and each and every Contract containing them shall be governed by the Laws of England and the Customer will submit to the jurisdiction to the English Court.