GOCLUBCLASS.COM LIMITED (“GCC”) -
TERMS & CONDITIONS OF BUSINESS

1. INTERPRETATION

1.1 In these Conditions:

"Customer" means the person, firm or company who accepts a quotation or offer from GCC for the supply of Services or whose order for the Services is accepted by GCC.
 "Conditions" means the standard terms and conditions for the supply of Services set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and GCC.
“Consumer” means an individual who is not acting for the purposes of his or her business or profession.
"Contract" means any contract between GCC and the Customer for the supply of Services, incorporating these Conditions subject to Condition 2.1.
"GCC" means Goclubclass.com Limited (registered in England under the number 06383817) whose registered address is at Sovereign Court, 230 Upper Fifth Street, Central Milton Keynes, Buckinghamshire, MK9 2HR and whose main trading address is The Innovation Centre, Silverstone Circuit, Northamptonshire, NN12 8GX. 
“Goclubclass.com” means the website operated by GCC. 
 “Services” means the transport services to be supplied by GCC under the Contract, together with any other services which GCC provides or agrees to provide to the Customer.
"Writing" or “written” includes faxes and email.

1.2 Any reference in these Conditions to any provision of a statute shall be constructed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

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

2. APPLICATION OF CONDITIONS

2.1 These Conditions shall:

2.1.1 apply to and be incorporated into the Contract; and

2.1.2 prevail over any inconsistent terms or conditions contained, or referred to, in the Customer’s   order for services, confirmation of order, acceptance of a quotation or other document    supplied by the Customer, or implied by law, trade custom, practice or course of dealing.

2.2 The Customer’s order, or the Customer’s acceptance of a quotation for Services by GCC, constitutes an offer by the Customer to purchase the Services on these Conditions.  No offer placed by the Customer shall be accepted by GCC other than:

2.2.1 by a written booking confirmation issued and executed by GCC;  or

2.2.2 (if earlier) by GCC starting to provide the Services,
when a contract for the supply and purchase of the Services on these Conditions will be established.  

2.3 Quotations are given by GCC on the basis that no Contract shall come into existence except in accordance with Condition 2.2.  Any quotation is valid for a period of 30 days from its date, provided that GCC has not previously withdrawn it.

2.4 Subject to Conditions 2.6 and 2.7, no variation to the Contract or these Conditions shall be valid unless such variation is confirmed in writing by GCC. GCC’s employees or agents are not authorised to make any representations concerning the Services unless confirmed by GCC in writing in the booking confirmation given by GCC. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

2.5    The description, specification, price and timing of the Services shall be those set out in GCC's booking confirmation and are based upon information supplied to GCC by the Customer.  The Customer must ensure that the terms of the booking confirmation and any applicable specifications are complete and accurate and shall inform GCC of any incorrect details.  In the event that there is no booking confirmation the details of the Services shall be those set out in GCC’s quotation.

2.6 GCC may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Services. 

2.7 GCC reserves the right to change without notice the chauffeur or the type of vehicle specified in the quotation or booking confirmation, provided that such changes do not materially affect the nature or quality of the Services.

2.8 GCC reserves the right to subcontract the Services to a third party.  

2.9 The Customer is responsible for any increased costs resulting from:

2.9.1 inaccurate information provided to GCC by the Company; and

2.9.2 any changes to the Services requested by the Customer (including additional drop-offs or pick-ups and costs resulting from extra mileage).

2.10   GCC reserves the right to refuse to carry out the Services due to the Customer having excess luggage which would result in the vehicle being unsafe whilst in motion.

3. GCC’S OBLIGATIONS

3.1 GCC shall use reasonable endeavours to provide the Services in accordance in all material respects with the details specified in the booking confirmation or, in the event that there is no booking confirmation, with the details specified in the quotation given by GCC to the Customer. 

3.2 GCC shall use reasonable endeavours to meet any performance times specified in the booking confirmation but any such times shall be estimates only and time shall not be of the essence for performance of the Services. 

3.3 GCC shall use the most appropriate route on the day of the Services unless instructed otherwise by the Customer at the time of booking.

3.4 GCC shall use reasonable endeavours to comply with the licensing conditions and guidelines set out by the licensing authorities by which it is authorised to operate.

4. CUSTOMER’S OBLIGATIONS

4.1 The Customer shall co-operate with GCC in all matters relating to the Services.

4.2 If the Customer or any passenger is considered by GCC or any of its employees, agents or sub-contractors to be under the influence of alcohol or drugs or whose behaviour poses a threat to any of GCC’s employees, agents or sub-contractors or to any other passengers, GCC has the right to refuse to carry such Customer or such passenger(s).

4.3 If GCC’s performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer or any passengers travelling with the Customer, or by any circumstances outside the control of GCC, its employees, agents or subcontractors (such as speed limits, traffic or road conditions) GCC shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.

4.4 The Customer shall be liable to pay to GCC, on demand, all reasonable costs, charges or losses sustained or incurred by GCC (including, without limitation, any direct, indirect, or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Customer’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Contract, subject to GCC confirming such costs, charges and losses to the Customer in writing.

4.5 The Customer shall be liable to pay to GCC, on demand, all costs, charges or losses sustained or incurred by GCC as a result of damage caused by the Customer or any passenger to the interior or exterior of any vehicle provided as part of the Services (such costs to include the cost of repair or valeting required in order to reinstate such vehicle to its original condition).

4.6 The Customer shall inform GCC, at the time of the request for a quotation or of placing an order for Services, of the number of passengers, the approximate amount and size of any luggage, any outsized luggage (eg golf clubs/surf boards etc) and any specific requirements that the Customer may have (eg wheelchair access and transport).  GCC is unable to supply, fit or offer advice on fitting baby or infant/booster seats.  It is the responsibility of the Customer to ensure that any such seat is correctly fitted to the vehicle and removed from the vehicle.

5. PRICE

5.1 Subject to Condition 5.2, the charges for the Services shall be the charges set out in the booking confirmation or (where the price is not referred to in the booking confirmation) as set out in GCC’s quotation.  The charges for the Services include one hour of waiting time and one hour of parking charges.

5.2 GCC reserves the right to increase charges for the Services to cover: 

5.2.1 waiting time and/or parking charges exceeding one hour when carrying out the Services charged at £30 per hour or part thereof, in thirty minute increments;

5.2.2 any change in the performance date or specifications for the Services which is requested    by the Customer; or

5.2.3 any delay caused by any instructions of the Customer or failure of the Customer to give GCC adequate information or instructions.

5.3 All charges are exclusive of any applicable value added tax, which the Customer shall be additionally liable to pay to GCC when it is due to pay for the Services.

6. TERMS OF PAYMENT

6.1 GCC reserves the right to request a minimum non-refundable deposit of 10% of the amount due for the Services at the time of booking the Services.  GCC shall be entitled to invoice the Customer for the balance due in respect of the Services at least 28 days before the supply of Services.  If the date of booking is less than 7 days before the provision of the Services, or if the booking is placed over the internet, the full amount shall be payable at the time of the order.

6.2 Subject to Conditions 6.1 and 6.3, the Customer shall pay each invoice submitted to it by GCC in full and cleared funds within 7 days of the date of GCC’s relevant invoice and in any event at least 7 days before the provision of the Services. Where the Customer is not a Consumer, time for payment shall be of the essence of the Contract. No payment shall be deemed to have been received until GCC has received cleared funds. Receipts for payment will be issued only upon request.

6.3   Where Customers hold an account with GCC, invoices may be issued on or at any time after the supply of Services and must be paid within 14 days of the date of the relevant invoice. 

6.4 Payment for Services must be by credit card, debit card, cheque or cash.  GCC also accepts online payments via Paypal or SafePay. 

6.5   Without prejudice to any other right or remedy that it may have, if the Customer fails to make any payment on the due date, GCC may:

6.5.1 terminate the Contract (where payment is due before the Services are provided); or

6.5.2 (where payment is on account and the Services have already been provided) charge interest    on the amount unpaid, at the annual rate of 2% above the base lending rate for the time   being of National Westminster Bank plc accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and the Customer    shall pay the interest immediately on demand.  GCC reserves the right to claim interest    under the Late Payment of Commercial Debts (Interest) Act 1998.

6.6 All sums payable to GCC under the Contract shall become due immediately upon termination of the Contract despite any other provision.  This Condition is without prejudice to any right to claim for interest under the law, or any such right under the Contract.

6.7 The Customer shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise for breach of contract, negligence or any other remedy by any other means whatsoever whether statutory or otherwise unless the Customer has a valid court order requiring any amount equal to such deduction to be paid by GCC to the Customer.

6.8 GCC may, without any prejudice to any other rights it may have, set off any liability of the Customer to GCC against any liability of GCC to the Customer.

7. INSURANCE

7.1 GCC will ensure that any of its vehicles (and any vehicles subcontracted by GCC in accordance with Condition 2.8) are fully insured for passenger and third party claims.

7.2 The Customer accepts that its property is carried entirely at its own risk and that GCC shall not be held responsible for any loss or damage to such property.

8. REFUNDS AND CANCELLATION

8.1 If the Customer cancels a booking for Services not less than 7 days before the time of the supply of Services, all monies paid to GCC for the Services will be non-refundable.  If the amount payable for the Services has not been paid at the time of cancellation, GCC reserves the right to invoice the Customer for the full price of the Services.

8.2 If the Customer cancels a booking for Services not less than 28 days but more than 7 days before the time of the supply of Services, 50% of all monies paid to GCC for the Services will be non-refundable.  If the amount payable for the Services has not been paid at the time of cancellation, GCC reserves the right to invoice the Customer for 50% of the price of the Services.

8.3 If the Customer cancels a booking for Services more than 28 days before the time of the supply of Services, all monies paid to GCC for the Services will be refundable less any deposit paid in accordance with Condition 6.1.  If no monies have been paid to GCC for the Services at the time of cancellation, GCC reserves the right to charge an administration fee to the Customer. 

8.3 If the Customer is not at the place specified at the time specified in the Contract, 100% of monies will be non-refundable.

9. LIABILITY

9.1 The following provisions set out the entire financial liability of GCC (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:-

9.1.1 any breach of the Contract;

9.1.2 any use made by the Customer of the Services or any part of them; and

9.1.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

9.2 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statue or common law (save for the conditions implied by Section 2 of the Supply of Goods & Services Act 1982) are excluded from the Contract to the fullest extent permitted by law.

9.3 Nothing in these Conditions excludes or limits the liability of GCC for death or personal injury caused by GCC’s negligence or for any damage or liability incurred by the Customer as a result of GCC’s fraudulent misrepresentation or for any liability incurred by the Customer as a result of any breach by GCC of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982, or for any matter which it would be illegal for GCC to exclude or attempt to exclude its liability.

9.4 GCC shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform, any of GCC’s obligations in relation to the Services, if the delay or failure was due to any cause beyond GCC’s reasonable control.

THE CUSTOMER’S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CONDITION 9.5

9.5 Subject to conditions 9.2 and 9.3:-

9.5.1 GCC’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to £10,000,000.

9.5.2 GCC shall not be liable to the Customer for:
   (i) loss of profits; or
   (ii) loss of business; or
   (iii) depletion of goodwill and/or similar losses; or
   (iv) loss of anticipated savings; or
   (v) loss of goods; or
   (vi) loss of contract; or
   (vii) loss of use; or
   (viii) loss or corruption of data or information; or
   (ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses,
which arise out of or in connection with the Contract.

10. INSOLVENCY OF   CUSTOMER

10.1 This Condition applies if:-

10.1.2  the Customer makes any voluntary arrangement with its creditors or becomes subject to any administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of a solvent amalgamation or reconstruction); or

10.1.3 an encumbrancer takes possession or a receiver, administrative receiver or administrator is appointed of any of the property or assets of the Customer; or

10.1.4 the Customer ceases or threatens to cease to carry on business; or

10.1.5 GCC reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.

10.2   If this Condition applies then, without prejudice to any other right or remedy available to GCC, GCC shall be entitled to cancel or terminate the Contract or suspend any further deliveries or supply of Services under the Contract without any liability to the Customer immediately on giving notice to the Customer, and the Customer shall immediately pay to GCC all of GCC’s outstanding unpaid invoices and interest., In respect of Services which have already been supplied but for which no invoice has been submitted GCC may submit an invoice which shall be payable immediately or on receipt, notwithstanding any previous agreements or arrangement to the contrary.

11. FORCE MAJEURE

GCC reserves the right to cancel the Contract (without liability to the Customer) if it is prevented from or delayed in performing its obligations under the Contract or from the carrying on of its business due to circumstances beyond the reasonable control of GCC including, without limitation, acts of God, government actions, war or national emergency, acts of terrorism, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), compliance with any law or governmental order, rule, regulation or direction, failure of a utility service or transport network, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials or default of suppliers or sub-contractors provided that, if the event in question continues for a continuous period in excess of 180 days, the Customer shall be entitled to give notice in writing to GCC to terminate the Contract.

12. GENERAL

12.1   Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing (but not by email) addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. Any notice shall be deemed to have been received if sent by pre-paid first class post 2 working days after posting (excluding the day of posting) or if delivered by hand on the day of delivery.

12.2   No waiver by GCC of any breach of or any default under the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision and will in no way affect the other terms of the Contract.

12.3   Failure or delay by GCC 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.

12.4   If any provision of these Conditions is held by any competent authority to be wholly or partly illegal, invalid, void, voidable, unreasonable or unenforceable it shall to the extent of such illegality, invalidity, voidness, voidability, unreasonableness or unenforceability be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

12.5   Each right and 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.

12.6   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.

12.7   The Customer shall not be entitled to assign the Contract of any part of it without the prior written consent of the Company. GCC may assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights of obligations under the Contract or any part of it to any person, firm or company.

12.8   The Contract and these Conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter thereof. Each of the parties acknowledges and agrees that in entering into the Contract it does not rely on and shall have no remedy in respect of any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether a party to the Contract or not) other than as expressly set out in the Contract and these Conditions. The only remedy available to it shall be for breach of contract under the terms of the Contract. Nothing in this Condition shall, however, operate or limit or exclude any liability for fraud.
12.9   The Contract shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.