Amitours London Ltd. with the fiscal address Office 7, 6 Gainsborough Road, London, E11 1HT, United Kingdom, Company Reg. No. 08051989, or its subsidiaries or associated companies, is the company which provides the Services according to the Contract and which expression shall, where the context allows, include their respective agents and sub-contractors.
“Partner” means any agent, tour operator, firm or company with whom the Company provides Services and enters into Contract. The Partner’s name and business address shall be set out in the Partner’s Application Form.
“Party” means a party to “Contract” and “Parties” shall be construed accordingly.
“Contract” means the agreement between the Company and the Customer consisting of these terms and conditions.
“Booking” means a Partner’s request for Services communicated to the Company as evidenced by the Company’s records.
“Driver” means any person who drives the Passenger vehicle and provides his/her services, for the transportation of Passengers, to the Company according to the contract for services.
“Passenger(s)” means the Partner and such persons who the Partner shall authorize and/or permit to make use of the Passenger Services by traveling in a Passenger Vehicle.
"Luggage" means any suitcases, trunks, etc., containing Passenger(s) personal belongings and goods for a journey within dimensions and weight accepted by a major airline, rail, and taxi companies and transported by the Company according to a Contract.
“Passenger Vehicle” means any vehicle provided by the Company for the carriage of Passengers.
“Collection Address” means the address stated by the Partner at the time of making the Booking as the address from which the Passenger Vehicle shall collect the Passengers.
“Charges” means the Company’s charges shown in the Price List or other published literature.
"Cancellation Fee" means a fee charged by the Company for the cancellation of the Services by the Customer before the booked collection time and after the Passenger Vehicle has departed to fulfill the Booking, whether or not it has arrived at the Collection Address, and as detailed in the Price List.
"Waiting Time Fee" means a fee charged to the Customer by the Company by following clauses 6.6 and 6.7 “Waiting Time Fee" is 35 EUR per hour, or as detailed in the Price List list presented to Partner.
“Services” means the transportation of Passengers by car and/or any other services agreed in writing between the Company and the Partner from time to time.
“Price List” means the list maintained by the Company of its Charges relating to the Services from time to time and a current copy of which can be obtained on request.
“Online Payment Services” means Services provided by the Company to the Partner, to be paid for by the Partner to the Company by way of a credit or debit card payment or through Paypal account at the time of booking.
“Account” means a Partner’s account which has been opened by the Company in respect of a particular Partner.
“Instant Payment Services” means Services provided by the Company to the Partner, to be paid for by the Partner to the Company by way of a credit or debit card payment or through Paypal account at the time of booking.
“Wallet Payment Services” deferred pre-payment method from the Partners’ funds / balance to cover all unpaid Bookings at least 7 days before the Service departure date.
“Business Day” is considered every official working day of the week (excluding Saturdays, Sundays and public holidays).
“in Writing” means any written communication including email, SMS and facsimile.
“Terms” means these terms and conditions, as amended from time to time.
2.1. Before making any Booking through Amitours B2B Booking Panel, first the Customer must open an Account with the Company. A Partner to whom the Company provides Services has the right to authorize any representative to make Bookings through the Amitours B2B Booking Panel account.
2.2. The Company shall be entitled to assume that any Booking made through Partners Account accordance with clause 1 is duly authorized by the Customer and the Customer shall be liable in respect of Charges relating thereto.
2.3. The Company may, in its absolute discretion, decline to accept any Booking.
2.4. Services are scheduled only when full confirmation by email for the booking has been received both by Company and the Partner. The confirmation email of booking entitles the Partner to create a voucher that will serve as a ticket to the Passenger. The Passenger must present the voucher or the confirmation e-mail to the Company’s driver or representative for both the outward and return trip.
2.5. The destination and pick-up addresses on the ticket are the addresses to which the Passengers will be delivered and picked up.
2.6. Partners must inform the Company at the time of making a booking if any Passenger wishes to carry any domestic animals in any Passenger Vehicle. All domestic animals should be carried in a suitable box or cage, if appropriate and/or be suitably restrained. The Company and/or the Driver reserve the right to cancel a booking on arrival if the Company has not been informed of the Customer’s requirement to carry an animal in the Passenger Vehicle. Guide dogs are permitted to be carried in any Vehicle provided that the Company is informed at the time of making the Booking.
3.1. Any special requests must be advised to the Company at the time of booking. Whilst every effort will be made by the Company to try and arrange a Partner's reasonable special requests, the Company cannot guarantee that they will be fulfilled.
4.1. The Company shall use reasonable efforts to provide a Vehicle in good working order within any time for so doing given by the Company or within a reasonable time.
4.2. Vehicles are fully licensed for passenger transportation and insured for passenger and third-party claims, as required under local laws. However, whilst every care is always taken, clients' property is carried entirely at their own risk and no responsibility can be accepted for loss or damage. Clients are therefore advised to check their travel insurance.
4.3. In providing the Passenger Services, a Driver shall choose, at his/her sole discretion, the route from the Collection Address to the destination. If a Partner requests that a specific route is taken, any price quoted in respect of such a journey may be amended.
4.4. Passengers shall not play any musical instrument or recorded music in any Passenger Vehicle except with the written permission of the Company.
4.5. Passengers shall not consume alcohol in any Passenger Vehicle except with the written permission of the Company and the Company reserves the right to decline carriage to any Passenger who, in its opinion, is intoxicated.
4.6. Passengers are not permitted to smoke in any Passenger Vehicle.
4.7. The transportation of luggage in a Passenger Vehicle shall be permitted in the absolute discretion of the Company. Passengers shall remain responsible at all times for their luggage and shall load and unload their luggage. The Driver may assist the Passenger with the loading and unloading of his/her luggage from the Passenger Vehicle, at the Company’s sole discretion.
4.8. The Company accepts no responsibility for the loss or damage to any luggage which is transported in a Passenger Vehicle. The Partner acknowledges and accepts that any luggage stored in the Passenger Vehicle may move around during the journey and accordingly the Passengers should take extra care when opening the luggage compartment of the Passenger Vehicle.
4.9. The Company shall not be responsible for any property left by Passengers in any Passenger Vehicle. Such property will be stored by the Company for 1 calendar month and thereafter the Company shall be entitled to return, destroy or otherwise dispose of such property as it, in its absolute discretion, sees fit.
4.10. Passengers are required to comply with current customs laws and regulations and the Company shall not be responsible for any delays caused by any failure to comply with the same.
4.11. All Passengers are required to use seatbelts at all times.
4.12. The Company will not allow unaccompanied children less than 12 years of age to travel alone in a Passenger Vehicle. When booking a journey for any child less than 12 years of age the Partner must inform the Company that a child will be traveling. The Company does not accept any additional responsibility for any child who travels unaccompanied in a Passenger Vehicle. Children under 12 or 1m35cm must use the appropriate child seat. Baby seats and booster seats are supplied free of charge upon request at time of booking. The seat will be allocated to the Passenger based on the weight group that Partner has informed Company that each child will be between at the time of travel. Company will bring a seat on the transfer that is kitemarked to be suitable for a child of said weight.
4.13. The Company reserves the right to charge reasonable cleaning charges in the event of spillages or the event that any Passenger vomits or otherwise soils or damages a Passenger Vehicle. Any damage caused to the Passenger Vehicle by a passenger(s) must be paid for immediately. If payment cannot, or will not be made, then Company will be forced to take legal action against the passenger(s) in question.
4.14. Any dates, periods or times specified by the Company in connection with the performance of the Passenger Services are estimates only and time shall not be of the essence for the performance by the Company of its obligations under the Contract. The Company makes no warranty that the Customer or Customer's goods or property shall be delivered within the Customer's stipulated period (if any) and/or within any time stated by the Company unless expressly agreed in writing by a director of the Company.
4.15. The Company reserves the right to refuse to transport any Passenger who behaves in a disorganized, threatening or abusive manner or who, in its absolute discretion, the Company considers a nuisance or a danger to its employees, agents, subcontractors or to fellow Passengers. The Company is committed to providing services in accordance with the Equality Act. The Company will do what it reasonably can to assist those who are not capable of boarding and disembarking a Passenger Vehicle unaided.
5.1. Instant Payment Services
5.1.1. Following clauses shall apply to all Bookings which must be paid at the time of the booking, which shall include any Booking made by a Partner who is using payment option “Instant Payment” in respect of that particular Booking.
5.1.2. When making a Booking for “Instant payment”, the Partner must accept to pay the Company for the Services either by credit card or a debit card or through Pay Pal account, details of which shall be processed by the Company.
5.1.3. In consideration for the performance of the “Instant Payment” option, the Partner shall pay Charges by credit or debit card or through Pay Pal account in accordance with clause 2. Such Charges shall include a card handling fee plus VAT.
5.2. Wallet Payment Services
5.2.1. Following clauses shall apply to all Bookings made by a Partner who is using payment option “Wallet” and in respect are allowed to be paid after the service Booking date.
5.2.2. “Wallet” payment option should be used in cases when the Booking is made not less than 7 days before the Service departure date.
5.2.3. Payment from the Partner’s Wallet is collected 7 or less days before the Service departure date, but in cases when the Booking is made 7 or less days before the Service departure date and the Partner has’ the corresponding amount available in the Wallet, the needed amount is deducted immediately.
5.2.4. In cases when Bookings are made more than 7 days before the Service departure date, advance invoices are sent out each Friday, urging the Partner to add funds to their Wallet. The invoiced amount is enough to cover all unpaid transfers in the week starting 10 days from sending time.
5.2.5. Canceled bookings can be re-booked using the funds available in the Partners’ Wallet, but the price will be assigned from the current dynamic pricing system calculations.
5.2.6. At any time the Partner can add more funds to the Wallet directly through the Amitours B2B portal account by credit card or debit card or bank transfer.
5.2.7. In the event of non-payment of any Charges by the Due Date, the Company shall be entitled to charge and the Partner shall pay, interest at a rate of 10% per annum on any amount outstanding until payment is made, both before and after any judgment.
5.2.8. The Company may, at any time, set a limit on the total credit given and due by any Partner at any one time and the Company shall not be obliged to provide Account Services once that limit has been reached. Any such limit shall be notified to the Partner in writing by the Company.
5.2.9. Any dispute in respect of the Charges shall be submitted, in writing, within 7 days of receipt by the Partner of the relevant invoice.
5.2.10. When an Account is terminated, by any means whatsoever, the Partner shall pay to the Company all outstanding Charges which are owed to the Company as at the date of termination.
6.1. The price provided to the Partner at the time of making the Booking shall be based on the journey specified by the Partner at the time of Booking (the "Original Journey"). The price quoted by the Company shall be based upon the Partner's chosen route between the Collection Address and the destination (via any other pick-up points or drop-off points stated by the Partner at the time of making the Booking). Should the Partner wish to take a specific route (which is different from that taken by the Company) the Company reserves the right to charge the Partner an additional charge concerning that Booking.
6.2. Payment is required for the Services at the time of booking or not later than 7 days before the Service departure date. Company will produce written confirmation of the details regarding the booking by email following the initial payment. Such payment is strictly non-refundable except in circumstances where Company, due to causes beyond its control, cancels or, at its absolute discretion, agrees to cancel the booking.
6.3. The Company reserves the right to charge the Partner for any additional costs which may be incurred by the Company as a result of any variation or deviation from the Original Journey specified at the time of Booking, as detailed below.
6.4. The Company shall be entitled to vary any of our advertised or confirmed transfer prices.
6.5. Cancellations can be made up to 3 days prior the transfer booked date. 10% cancellation fee of transfer cost will apply. If a Booking is cancelled by the Partner later than 3 days prior the transfer date the Company shall be entitled, at its sole discretion, to charge a Cancellation Fee up to 100% of the cost of the transfers.
6.6. The Passenger(s) and any luggage or personal items shall be ready for collection at the time stipulated by the Customer when the Booking is made. The Company will allow 20 minutes for waiting or loading when picking up Passenger(s). In the event that all booked Passenger(s) have not boarded the Passenger Vehicle within 20 minutes of the stipulated time the Company reserves the right to charge the Partner a Waiting Time Fee proportionate to the delay in departure from the Collection Address, which will, for the avoidance of doubt, include the first 20 minutes.
6.7. Concerning the collection of the any Passenger(s) from an airport, the Company will allow 60 minutes waiting time starting from the last known estimated arrival time of an inbound international flight and 30 minutes waiting time from the last known estimated arrival time of an inbound domestic flight. The Company reserves the right to charge the Partner a Waiting Time Fee proportionate to the delay in departure, which shall, for the avoidance of doubt, include the first 60 or 30 minutes (as the case may be). For this clause the "last known estimated arrival time" will either be (a) if the partner provides a flight number at the time of making the Booking, the Company will monitor the relevant flight and alter the collection time accordingly; or (b) if the Partner does not provide a flight number, the time which has been specified by the Partner; or (c) if the Partner does not provide flight number, the time which has been specified by relevant airport official information system.
6.8. If the Partner provides the take-off time of a flight instead of an arrival time and as a result a Passenger’s vehicle(s) has to wait for the Passenger, Company reserves the right to charge waiting time fee of 1 Euro per minute, this is calculated as the difference between the time given and the actual scheduled landing time of the flight.
6.9. If any car parking fees apply to fulfill the services for collections from airports, seaports, international and domestic train terminal, these fees will be chargeable to the Partner. These fees must be agreed in advance and confirmed in writing.
6.10. In the event that the Partner requires the Company during the course of the Original Journey to make any alternative pick-up(s) or collection(s) of Passenger(s) during the course of the Original Journey or to drop off Passengers at any locations other than as specified in the Original Journey or to take any variation from the Original Journey as specified at the time of Booking, additional charges may be applied by the Company.
6.11. The Company shall be entitled to exercise a lien over any property belonging to the Partner in its possession pending payment of any Charges due to the Company.
7.1. These Terms and Conditions shall be incorporated and form part of all Contracts for the provision of the Services by the Company to the Partner.
7.2. Each party acknowledges that it is not relying on any statements, warranties or representations given or made by the other whether actual or implied by common law or under statute in relation to the subject matter of any Contract and that it shall have no rights or remedies with respect to such subject matter otherwise than under the relevant Contract.
7.3. The Company can in no way be held responsible for delays due to force majeure: strikes, weather, attacks, riots, etc. (without this list being limiting). The company can in no way be held responsible for delays due to circumstances beyond its control: blocked road, bridge prohibited to traffic, bypass, flooded road, traffic jams, interventions on the roadway of police forces, customs or firefighters, etc. (without this list being limiting). In case of immobilization of the Passenger Vehicle during the journey due to a mechanical failure, accident or damage (theft, degradation), Company will endeavor to ensure the continuity of the journey, either with one of its Passenger Vehicles, or with a Passenger Vehicle chartered to another company and undertakes to warn the client. The Amitours liability will cover material damage that the customer may suffer as a result of such incidents and will be limited to the amount of carriage provided for in the contract. The Company declines any responsibility for delays or changes of flights due to airlines.
7.4. The Partner agrees to indemnify and keep the Company fully indemnified from and against any direct and indirect losses, claims, expenses, damages or liability whatsoever incurred or suffered by the Company as a result of the negligence, acts or omissions or default under the Contract by the Partner or any Passengers, employees, agents or subcontractors.
7.5. The Partner shall be liable for any damage caused by Passengers to any Passenger Vehicle.
7.6. Subject to the following provisions of clause 7.3, except in respect of death or personal injury caused by the Company’s negligence, or that of its servants or agents, the Company’s liability to the Partner for loss and/or damage caused by the negligence of the Company and/or its servants or agents, or otherwise which arises out of or in connection with the provision of the Services or their use by the Customer shall be limited as follows:
7.6.1. concerning the Services generally, the Company's liability is limited to the terms of the Company's insurance contract;
7.6.2. in the case of lost or damaged luggage, the Company's liability shall not exceed EUR150 unless the Partner has notified the Company that the luggage has a value in excess of EUR150 and the Company has agreed in writing to be responsible for the repair or replacement of the luggage up to a greater value and the Partner shall indemnify the Company against any Passenger claiming sums in excess of such limits.
7.7. To the extent permitted by law, the Company shall not be liable in any way whatsoever for the acts or omissions of any sub-contractors to whom the Company sub-contracts the Services to in accordance with clause 7.15. The Company shall use its reasonable efforts to ensure that it only sub-contracts the Services to such third parties that have the insurance cover. If the Company is aware that a third party does not have a level of insurance coverage which the Company would expect, the Company reserves the right to request that the Partner signs a standard form disclaimer and acknowledgement in respect of the same.
7.8. The Company shall not be liable to the Partner for any loss of anticipated savings, business revenues, or profits whether categorized as direct or indirect or any indirect, special or consequential loss (including losses arising from business interruption, wasted management time, loss of goodwill, data and all other such loss whether or not arising in the normal course of business).
7.9. The Company shall not be liable to the Partner or be deemed to be in breach of the Contract because of any delay in performing or any failure to perform any of the Company's obligations under the Contract if the delay or failure was due to any circumstances or cause beyond the Company's reasonable control.
7.10. The Company shall, in any event, have no liability in respect of any claim, howsoever arising, that is not notified to the Company by the Partner, in writing, with sufficient particularity, to identify the nature and the quantum of the claim within 14 days of the occurrence of the circumstances giving rise to the claim.
7.11. Any complaints relating to the Services shall be addressed to the Company and made in writing within 14 days of the event giving rise to the complaint.
7.12. Termination of this Contract shall be without prejudice to any rights and/or obligations of the Company and/or the Partner accruing before the date of such termination.
7.13. Any notice required or permitted to be given by either party to the other under these Terms, shall be in writing and may be given personally or sent by fax or by prepaid registered post to the other party at its registered office or principal place or business or such other address as may at the relevant time have been notified as that party’s address for service. Any notice sent by facsimile shall be deemed served on receipt of a successful transmission notice. Any notice served by registered post shall be deemed served 3 Business Days after posting to an address in the United Kingdom or 7 Business Days after posting to an address outside the United Kingdom. In proving the service of any notice, it will be sufficient to prove, in the case of a registered post letter to provide proof of delivery and, in the case of a facsimile, that such a facsimile was duly transmitted to a current fax number of the addressee by providing a confirmation of fax dispatch report.
7.14. A person who is not a party to any Contract shall not have any rights under or in connection with it.
7.15. The Company reserves the right to subcontract or delegate in any manner any or all of its obligations under any Contract to any third party or agent.
7.16. If any provision of these Terms, which is not fundamental, is held by any court or other competent authority to be invalid or unenforceable in whole or in part, such part, term or provision shall be deemed deleted from these Terms and the remainder shall not be affected. Should the foregoing apply the parties shall use all reasonable efforts to agree upon any lawful and reasonable changes to these Terms which may be necessary to effect, as close as possible, to give effect to the commercial intent of these Terms.
7.17. By signing up as a partner agent accepts to receive newsletters consisting of the latest deals, advices and technical information about B2B Booking Panel. At any time, the partner has the right to unsubscribe from receiving any newsletters by clicking "Unsubscribe" button located at the footer of the email.
7.18. The Company reserves the right to amend these Terms at any time. Notice of non-material amendments to these Terms shall be posted on the Company’s website.
7.19. The Contract and the Services may be suspended or terminated by either Party giving the other 7 days’ notice.
7.20. The Contract and the Services can be suspended or terminated with immediate effect by the Company if the Partner: (a) fails to pay when any amounts due are payable or; (b) commits any act of bankruptcy or compounds with his creditors or a Petition or Receiving Order of Bankruptcy is presented or made against the Partner or a Petition for an Administration Order is presented in relation to the Partner or Resolution or Petition to wind up the Partner is passed (otherwise than for reconstruction or amalgamation) or a Receiver or Administrative Receiver is appointed or: (c) fails to observe or to perform or breaches any of its obligations under this Contract.
7.21. Upon termination of Partner`s Account for whatever reason, all the sums payable to or chargeable by the Company shall become immediately due and payable in full.
7.22. These Terms shall be governed by and construed in accordance with the laws of England and the parties hereto submit to the exclusive jurisdiction of the Courts of England and Wales.
7.23. By using the Company`s services it is deemed that all the terms and conditions set out in this Contract have been read, understood and accepted.