'Contract' means the contract between the Customer and the Company for the provision of the Services, to which these terms and conditions apply;

'Customer' means a customer of the Company;

'Deposit' means 50% of the Price;

'Hire Date' means the day on which the Customer's Hire Period commences;
'Hire Period' means the period during which the Customer hires the Vehicle from the Company;

'Price' means the fee charged to the Customer for the Services;

'Services' means the provision of a driver or drivers and a vehicle of sufficient seating capacity of either standard or executive specification, or any other type of vehicle suitable to undertake the work required by the Customer;

'Supplier' means the agent or provider of the Vehicle(s) (for whom the Company act as broker); or the partner operating companies.

'Vehicle' means the Supplier's vehicle or vehicles hired out to the Customer by the Company during the Hire Period; and

'writing' means letter, email or fax correspondence.

1.2. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.3. Words in the singular include the plural and in the plural include the singular.

1.4. A reference to one gender includes a reference to the other gender.

1.5. Condition headings do not affect the interpretation of these conditions.

2. ACCEPTANCE OF TERMS AND CONDITIONS

2.1. By the Customer placing the Booking with the Company, the Customer confirms that he has read, understands and agrees to abide by the following terms and conditions.

2.2. The Customer also consents to the Company processing personal information about the Customer and any members of the Customer's group, should this be provided to the Company, but will not transfer such information to any third party without the Customer's prior consent.

3. USE OF VEHICLE

Unless otherwise agreed, the Vehicle is not available for the use of the Customer other than for the journeys and times stated in the Booking.

4. PRICE

The Price shall be agreed in writing by the Company. The Price is based on costs prevailing at the time the Booking is made and in accordance with details provided by the Customer. The Price as quoted by the Company will remain valid for a period of 28 days from issue.

5. PAYMENT

5.1. The Customer shall be required to pay:

5.1.1. The Deposit on the date of the Booking; and
5.1.2. The remaining balance of the Price no later than 14 days prior to the Hire Date.

5.2. The Booking cannot be confirmed until the Deposit has been paid by the Customer, in full, to the Company.

5.3. Where the Booking is made less than 14 days prior to the Hire Date, the Price shall be payable in full at the time of the Booking.

5.4. The Company may vary its payment terms but any such variation shall be agreed in writing at the time of the Booking.

6. CANCELLATION AND REFUND POLICY

6.1 You pay a deposit
When booking a vehicle, you must pay a deposit which will be calculated at the time of booking.

6.2 You pay the balance
Prior to the hire date, you must pay the balance. Short notice bookings will require the full amount to be paid when booking. All payments must be cleared prior to the hire date.

6.3 If you cancel your booking
You may cancel your booking at any time provided that the cancellation is communicated to us in writing. We will retain your deposit in these circumstances.

6.4 If we cancel your booking
In certain extreme circumstances, we may have to cancel your booking. If this should occur, we will return to you all the money you have paid to us unless the cancellation is due to your failure to pay for your booking in full. We will not cancel your booking immediately prior to the hire date unless:

You have not paid for your booking in full
Your booking is influenced by events beyond our control, such as war or threat of war, riots, civil strife, industrial action, natural disasters, fire, epidemics, bad weather, technical problems to transport, the closure of ports, terrorist activities, Government action, or other similar events beyond our control.
Information supplied when booking proves to be inaccurate.
If we have to cancel your booking at any time, we are liable only for moneys you may have paid to us at the time of cancellation.

6.5 Rights of refusal
We must point out that we reserve the unconditional right to refuse a booking or to terminate a booking in the event of unreasonable conduct. Some of our vehicles are unsuitable for wheelchair users. We ask you to let us know of any disabilities you may have.

6.6 Failure to disclose information
We reserve the right to cancel your booking if the information given when booking is found to be inaccurate or misleading, particularly regarding disability or medical problems.

7. VEHICLE SPECIFICATION

The Company shall endeavour to procure that the Vehicle supplied to the Customer shall meet, so far as is reasonably possible, the Customer's requirements in terms of specification.

8. ADDITIONAL CHARGES

Unless specifically otherwise agreed in writing, the Price will not include any group catering, tickets, admission charges, ferries/tunnels, road tolls or parking.

9. LIMITATION OF LIABILITY

9.1. Luggage
The Company does not accept responsibility for any loss or damage caused to any items belonging to the Customer or a member of the Customer's group during the Hire Period.

9.2. Acts Beyond the Company's Control
The Company will not be held responsible for financial or personal loss to the Customer or any member of the Customer's group in the event of mechanical failures, cancellation by the Supplier or any act of God. Such events include (but are not limited too) war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, technical problems with transport including changes due to rescheduling or cancellation of the Hire Period by the Company or the Supplier or alteration of the Vehicle or the Vehicle type for reasons beyond the Company's control or that of the Supplier; closed or congested roads, villages, towns and cities, hurricanes, other actual or potential severe weather conditions (whether materialised or not), and any other similar events, whether or not this causes delay and/or cancellation of the Hire Period by the Supplier at immediate or limited notice to the Customer and whether or not the Hire Period has begun.

9.3. Personal Injury or Death
The Company shall not be held liable, either directly or vicariously for any act or omission of the Customer (or any member of the Customer's group) or the Supplier (or its agents or employees) leading to loss, death or personal injury during the Hire Period.

10. PROHIBITED BEHAVIOUR

10.1. Damage to Vehicles
Any damage caused to the Vehicle by the Customer and/or any member of the Customer's group shall be the sole responsibility of the Customer. Any direct or indirect costs associated with soiling and/or damage to either the outside or interior of the Vehicle shall be paid by the Customer upon demand. Criminal damage will be reported to the police.

10.2. Inappropriate Behaviour

10.2.1. The use of prohibited substances and smoking by the Customer or any member of the Customer's group is prohibited at all times whilst on the Vehicle.
10.2.2. Disruptive or threatening behaviour displayed towards the Supplier (or its agents or employees) or indeed the Company, by the Customer or any member of the Customer's group before, during or after the Hire Period is prohibited.
10.2.3. In the event that the Customer breaches the above clauses 10.2.1 or 10.2.2, the Company reserves the right to cancel the Hire Period, thereby terminating the Contract immediately. In such circumstances, the Supplier (or its agents or employees) may refuse to allow the Vehicle to be boarded by the Customer or any members of the Customer's group or may eject such persons from the Vehicle entirely at their discretion.
10.2.4. In the event that the Contract is terminated in accordance with clause 10.2.3, the Company will not be held accountable for any direct or indirect costs incurred by the Customer or any member of the Customer's group as a result of such termination. The Company shall be under no obligation to refund the Customer any element of the Price paid in such circumstances.
10.2.5. The Company reserves the right to claim any costs and expenses incurred as a result of the Customer's breach of this clause 10 on a full indemnity basis.

10.3. Fraudulent Activity

The Company reserves the right to refuse or terminate the Booking should the Company believe the Booking has been placed using deceptive or fraudulent means, whether by the Customer or any member of the Customer's group.

11. COMPLAINTS PROCEDURE

Should the Customer wish to complain about the Services, he should put his complaint in writing to the Company (addressed to Black & White Motorways Ltd, Unit 6, The Grainstore, Penton Mewsey, Andover, Hampshire, SP11 0RQ if applicable), quoting the booking reference, within 7 days of the Customer's Hire Period terminating, to allow the Customer's complaint to be investigated properly.

12. AMENDMENT TO TERMS AND CONDITIONS

The Company reserves the right to alter or amend these terms and conditions at any time. Should the Company decide to do so, it will put the changes in writing to the Customer no less than 10 days prior to the Hire Date. The Customer will have 7 days in which to raise an objection to the amendments. Should the Company not receive a reply from the Customer then it will be deemed that the Customer has accepted the new terms and conditions.

13. STATUTORY RIGHTS

No part of these terms and conditions affects the Customer's rights as a consumer.

14. GENERAL

14.1. Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.

14.2. If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

14.3. Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.

14.4. Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Customer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.

14.5. The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

14.6. The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.