Go Carz – General Terms & Conditions
General Telephone Bookings, Website, Mobile Phone Applications, and Web Bookings
Terms & Conditions of use
1. Go Carz is a registered trading title of Go Beyond Group Ltd [the Company]. References in these Terms and Conditions to “Go Carz” or “the Company” should be interpreted as being to Go Beyond Group Ltd t/a Go Carz.
2. Go Carz is a Licensed Private Hire Operator, licensed in several Local Authorities under the umbrella of Licensing Regulation as laid down by statute and law. It acts as both principal service provider in the case of Account bookings, and, in the case of cash and credit card bookings, as booking agent/intermediary for customers and its subscribing self-employed, licensed Private Hire drivers and/or other Licensed Operators.
3. Bookings can be made using its traditional telephone booking service or through the Go Carz website/s and mobile phone applications (also referred to as the “Web Service” and the “App” or collectively as “Automated Service Bookings”). All bookings regardless of booking methodology, number dialled or location is deemed to be initially made under the “Go Carz” Shropshire licence at its Shrewsbury head office, thereafter they may be passed to one of our other Licensing jurisdictions as appropriate however remain the responsibility of the Company.
4. For Automated Service Bookings, upon registering with Go Carz on our website/s or through the App a user may book a Go Carz vehicle using location-based technology on the website/s or their mobile phone or device. Go Carz will use the location services of your network operator to help identify your approximate location, Go Carz will ask you to confirm that the pick-up location that has been identified is correct and it is the responsibility of the user to amend that address/location if it is not correct.
5. All Go Carz services, both in respect of principal or agency services and including the Web Service and the App are being provided to you under these terms and conditions and any operating rules, policies, and procedures as currently published on the Go Carz website, its App and/or informed to users by Go Carz.
6. By using the services of Go Carz including Web Service and/or the App you agree to be bound by all the terms and conditions found herein. If you do not accept all of these terms and conditions, do not continue to use the service.
7. All journeys with Go Carz regardless of whether Go Carz is acting as principal or agent/intermediary must be pre-booked without exception.
8. Pick-up times on pre-bookings and estimated times to pick-up (in the case of ASAP bookings) should be considered best estimates or best endeavours and whilst Go Carz will always strive to provide as accurate information as possible and undertakes to do everything possible to provide a vehicle and driver to meet prescribed times it cannot always guarantee to do so.
Record of Bookings including Telephone Bookings and enquiries call recording
9. All bookings are recorded, and a register maintained for licensing purposes. All telephone calls between you and a Go Carz office or Drivers are recorded for monitoring, compliance and training purposes.
Drivers, vehicles and sub-contract bookings.
10. Go Carz reserves the right to sub-contract any booking made to another operator or another of its own operating licenses in another district. Responsibility for the booking remains with the original operator licence and district. For the avoidance of doubt, responsibility for the booking remains with the Company (Go Carz).
11. All vehicles and drivers are licensed in accordance with licensing laws and regulations in the district under which the licensed operator ultimately undertaking the booking operates.
12. All drivers and vehicles are appropriately licensed and vetted by the Local Authorities in which they are licensed, including Enhanced DBS checks and disclosure barring service checks on drivers and appropriate vehicle checks as deemed by legislation and Local Authority rules and regulations. They are all insured to carry out Private Hire bookings for journeys that have been pre-booked with the Company.
13. All drivers are self-employed and operate in a business in their own right. Reference to “Go Carz drivers”, or “our drivers” refers explicitly to self-employed drivers who subscribe to the Go Carz service and, in respect of which and for bookings made through any of the Go Carz services, operate under the umbrella of Licensing Regulation and control in which Go Carz is the Operator as deemed by Licensing law.
Making Reservations, over the telephone, through the Web Service or App (or any other electronic methods)
14. By requesting a booking through Go Carz you are deemed to have accepted the terms and conditions herein. Any information received is provided on an “as is” basis. Use of such information is done at the user’s own risk.
15. In respect of Automated Service Bookings, you recognise that internet-based services and mobile services may, from time to time, be adversely affected by events outside our control and that Go Carz will not be held liable for any error in, or delay in, or failure in transmission of the services.
16. All bookings, including telephone bookings as well as Automated Service Bookings, make use of Internet technology, voice over internet protocols (VOIP) and mobile data/phone technology. These data and electronic services are subject to the limitations of the enabling technology on which they are reliant and may be adversely affected by network performance and other operational factors beyond our control, including without limitation, congestion, network coverage, dropped connections, the performance of your mobile phone and equipment and the maintenance of secure network connections. Go Carz accepts no responsibility if you do not receive your booking confirmation or services for any of these reasons.
17. Furthermore, Go Carz will not be liable to you in any way for failures, defects or delays in the delivery of aforementioned booking confirmation or services which are caused by one or more of the following reasons: provision of an incorrect phone number before submitting the request, your mobile phone does not support such services, message inbox is full, mobile phone is out of range or un-contactable for some other reason, or you erase the information sent to you, failures of internet connections, carriers, and equipment.
18. Go Carz does not guarantee that the Web Service or its App will be uninterrupted, timely, secure, or error-free, it further does not guarantee the uninterrupted availability of the telephone booking service. Use of the Go Carz services is done so entirely at the user’s own risk and discretion. Go Carz assumes no responsibility or liability for any services provided. Go Carz does not guarantee the availability of a driver or vehicle at any time, nor the availability of the service.
9. The user is not entitled to the permanent and uninterrupted availability of any of the Go Carz Services. Go Carz undertakes to achieve maximum levels of service and availability and, in the case of an interruption to service, to resolve it as quickly as possible.
20. Wherever possible and always when requested Go Carz will provide an agreed price for bookings.
21. Where Go Carz acts as the principal in the service (Account bookings), the price is an agreed price between Go Carz and the customer. Where Go Carz acts as intermediary/agent in the case of cash and credit card bookings, the price is an agreed price on behalf of and between the self-employed driver and the user.
22. Prices are fixed for the exact journey and timing thereof at the time of quoting and included in any booking confirmation provided. If the journey changes (including, for example, but not exclusively, destination, pick-up, time or date/day of pick-up, number of drop-offs or additional pick-ups) then the price may change. It is the user’s responsibility to advise changes in advance of the journey being undertaken and, if required, obtain a revised price for the revised journey.
23. At certain times and in certain areas Go Carz may add an additional surcharge on ‘normal’ prices for example but not exclusively, where the booking is undertaken after a given time of the evening and/or day of the week/weekend, on a given ‘holiday’ day (for example Christmas Day), where adverse weather conditions cause journeys to be much longer than ‘normal’ or where traffic conditions result in longer journey times in certain areas. The price will be advised at the time of booking when requested and in any booking confirmation. Where unforeseen events result in the need for an amended price after a booking has been made then the user will be notified in advance and given the opportunity to cancel the booking if they do not accept the revised price.
24. All prices quoted and charged are on a specific journey basis and do not guarantee the same price will be available for future similar or the same journeys.
25. Users should be aware that waiting time in excess of ‘normal’ waiting time at a pick-up or drop-off can result in an extra charge. There may also be additional charges relating to disbursements incurred by the driver if the user requests a specific route, for example, toll charges or parking charges.
26. If the user damages or soils the vehicle it is at the user’s expense and the lead passenger will be held responsible for any repair or cleaning charges as a result.
Cancellation, Cancellation Charges and Conduct
27. You agree that by booking a private hire journey using the Go Carz service and that once you have been notified that the driver/vehicle has been dispatched you have now made a verbal contract with the driver. You agree to meet the driver at the appointed location, make the journey as booked and pay the full and correct fare.
28. A ‘call-out’ charge may be made, limited to the maximum of the price of the original journey, if it is cancelled after the driver has been dispatched and/or in the event that the user is either not at the designated pick-up location at the agreed time or does not undertake the journey.
29. At the pick-up location, you will be advised your driver has arrived and is outside by means of text or other electronic notification to the number advised on the booking. The driver will wait 5 minutes and we may try to contact you additionally by phone on the number advised on the booking if you do not present yourself to the driver. After this waiting period the driver can advise the booking as a “no show” and, any cancellation or ‘call-out’ charge would become payable at that point. If you have not made yourself available to the initial driver in the prescribed waiting time, you still wish to take a journey, you will need to make a further booking which is chargeable, and another driver will be dispatched.
30. The user can cancel the journey at any time prior to the driver being dispatched without charge and, if any pre-payment has been made, will be entitled to a full refund.
31. Go Carz reserves the right to bar users that inappropriately use the service and/or fail to pay for services rendered.
32. It is the user’s responsibility to ensure that they have valid means of payment.
Cash and Card Payments
33. Where Go Carz acts as intermediary/agent in the case of cash and credit card bookings, the contract for the service is with and payment is due to the driver who has undertaken the journey and provided the service. This should either be settled by cash directly to the driver or by credit or debit card, in which case the payment method should be arranged in advance of the journey being undertaken. Drivers do not generally have the means to accept card payments in the vehicle at the time of the journey. Where a journey has been pre-booked and specified as a cash paid journey it should be settled by way of cash payment.
34. If the user has insufficient cash to settle their fare and this results in the driver needing to either wait or travel to a bank or automated cash machine there may be a charge for the resultant additional journey and/or waiting time.
35. If a passenger refuses to pay a fare or leaves the vehicle without paying this could be considered a criminal offence. If there is a dispute over the fare, then the passenger should try to settle it with the driver and/or contact Go Carz immediately to try to resolve the dispute at the time.
36. Once a fare has been settled at the time of the journey it is considered to have been agreed and it is not normally possible to amend this at a later date.
Business Account payments
37. Where Go Carz acts as principal in the case of Account bookings then the user is bound by the terms and conditions of their Business Account. This will include an obligation to settle all invoices promptly in accordance with trading terms and an acceptance that if they are not settled then an account may be cancelled or suspended temporarily.
38. If a business credit account has been suspended, then the user is responsible for paying any journey charges at the time of undertaking the journey directly to the driver or in advance by other means of payment.
Payment in Advance
39. Go Carz and/or your driver reserve the right to request payment in advance of the journey under certain circumstances. You should be notified of this either at the time of booking or at the commencement of the journey.
Credit Card Payment
40. At the time you register a credit or debit card Go Carz will make a “pre-authorisation” attempt of a minimal amount to establish that the card is a valid one. This is for our protection and your security.
41. No money will be taken from or charged to your account or card in respect of this “pre-authorisation” it is merely a way of checking that the card is valid. Your bank or credit card company may show this “pre-authorisation” (which will typically be £1.01) as a ‘payment’ in the sense that it may restrict you from withdrawing up to the maximum of your account limit for the duration of the “pre-authorisation”.
42. Go Carz has no control over when your bank or card issuer will release this “pre-authorisation”, however usually it will be within 1 to 5 days. For the avoidance of doubt, the “pre-authorisation” does not represent any actual money changing hands and Go Carz will only charge your card or account for actual journeys undertaken and booked and for which you have indicated you wish your card or account to be charged.
43. Go Carz acts as an intermediary in respect of card payments on behalf of your driver. Card payments are made through our third party, registered merchant services payment provider and will, in turn, be passed onto your driver. You agree that you will pay for all journeys booked with Go Carz and that Go Carz can charge your registered credit/debit card for those which you select are to be paid by card.
44. You are responsible for timely payment of all fares. If your card payment fails, then you will be liable to pay the fare by other means directly to the driver at the time in the vehicle.
45. Your credit/debit card details will be held in whole by our third-party payment PCI compliant merchant services provider. Go Carz employees or sub-contractors will at no point have access to your personal information.
46. Although Go Carz does not retain full details of customers credit/debit cards, they are held on our third party, PCI compliant merchant services provider’s systems. A tokenised system stored within your mobile phone, other electronic devices, or Go Carz’s system identifies you and your credentials based on your telephone number. Any person with access to your mobile phone or telephone number and credentials could, in theory, use our service, payment for which would be made through your credit/debit card and for which you will be liable. It is imperative that you notify Go Carz if you lose your mobile phone to enable your account to be stopped and no bookings to happen. You will, of course, have also notified your credit card provider and/or bank and, once the card is stopped by the bank, no more card bookings will be possible using that card.
47. If, for any reason, a refund is due to be made to your credit or debit card it will be made to the same card and account used for the original payment. Any refunds may take up to seven working days to be processed through our merchant services provider and your own bank or credit card company. This time is beyond the control of Go Carz and, other than committing to act on and instruct any refund in a timely and prompt manner, Go Carz has no control over the time it may take for the refund to appear in your bank or on your credit card.
48. Go Carz uses a third-party payment provider to manage payments from your credit/debit card account for journeys booked. The processing of payments or credits, as applicable, in connection with your use of the Go Carz service will be subject to the terms, conditions and privacy policies of the payment processor and your credit card issuer in addition to these terms and conditions. Go Carz is not responsible for any errors by the payment processor.
Payment by Credit Card - Fraud
49. Any credit/debit card registered with Go Carz and/or on the Web Service or the App must be your own and registered at your home address. Should we suspect any fraudulent activity, your account may be suspended without prior warning and the relevant authorities will be informed
50. Knowingly using someone else’s credit or debit card to pay for goods or services without their explicit authorisation is theft and/or an act of fraud. Go Carz will notify the relevant authorities if it is aware of criminal activity including disclosing names, addresses, contact numbers and booking details pertaining to the crime. It will also pursue any charges and all costs associated with the fraud in county court civil proceedings against the perpetrator.
Further terms and conditions of use.
51. These terms & conditions only apply to the user when they submit correct and truthful details as requested on the telephone or via Go Carz website/s and/or through any mobile phone devices whereby the user is then permitted to use the service and software of Go Carz.
52. Go Carz offers the user a booking service and, in the case of the web booker and App, the software required with which to book that service. Go Carz will supply details provided to enable Go Carz self-employed drivers to receive your booking details and, where necessary, to communicate with you on that basis. This information will contain the user’s pick-up location and associated data and the user in turn will also receive relevant data about the vehicle and driver that will pick them up. For privacy and data protection reasons no mobile phone number will be passed to the driver and, if the driver has the need to contact you, he will do so via the Go Carz system without the driver having your number or his number being disclosed.
53. With respect to using the internet and mobile phone services – the technical requirements, configuration, and performance of the terminal or mobile phone to use the application including any necessary software are at the user’s responsibility and cost.
54. Any charges incurred through use of the Go Carz applications such as, but not exclusively, network charges or data charges are the user’s sole responsibility.
55. In making a booking through Go Carz (mobile applications or website or any other method) the user agrees to use the service and to pay all relevant fares. The settlement of which will be bound by the terms & conditions of use between the driver and the user.
56. By agreeing to these terms & conditions you – and anyone else using your account - agree to adhere to them and to be bound by them
57. Your personal property is your responsibility. Go Carz accepts no responsibility for personal property left in vehicles. We will endeavor to locate property believed to have been left in a vehicle and any lost property found will be returned to the nearest Go Carz office. Please contact the main office to collect your lost property at your expense. We cannot return property directly to you unless you agree to and pay the journey fee to dispatch a driver to return it to you. We also cannot always immediately investigate claims of lost property, particularly if the vehicle and driver have finished working for that day. Lost Property not collected within 3 months of the journey becomes the property of Go Carz who will arrange for disposal of the Item.
58. The maximum extent to which Go Carz is liable for any services it either provides as intermediary/agent or as principal is limited to the price paid for the journey.
59. Go Carz is not responsible for any indirect or consequential loss arising from the use of its services or failure to deliver a service including lateness.
60. All pick-up times and any anticipated journey times are based on best estimates and best endeavours. User’s should be aware and allow for unforeseen events, poor traffic conditions, breakdown or inability to locate pick-up or destination locations and inability to locate a driver who is able to undertake a booking.
Obligation of the user
61. The user is committed to being truthful and sincere with respect to the personal data that they submit or pass to Go Carz either via the telephone or through use of the App or website and agree to use it in a truthful and legal way
62. The user may use the Web Service, the App and the website if they agree not to willfully cause any damage, interruption to service, congestion.
63. The user agrees not to attempt to circumvent, access and/or amend the Go Carz services or software in any way.
64. Go Carz reserves the right to exclude the user from all Go Carz services permanently for any abuses of the service
65. The user’s account is private, and the user agrees to keep any usernames and passwords safe and not to disclose to any third parties. If this information is lost or in any way disclosed, then the user has an obligation to inform Go Carz immediately.
66. Go Carz will not be held liable and is free from all claims for any third-party damage that is caused to the user and/or their account through unauthorised access to their account
Warranty – Use of Electronic Services including Website and App
67. Go Carz cannot warrant that information transmitted via text, email, App notifications or other electronic or automated means is always accurate, complete and that it will reach the recipient in a timely fashion.
68. Any information regarding availability and waiting times on its Website, App or any other Automated Services are best estimates.
69. Where information/data is incorrect, incomplete or submitted late Go Carz cannot be held liable or responsible
70. If the application or submission of data through Go Carz causes damage or interruption to Go Carz services or any other software or hardware or loss of data, then Go Carz cannot be held responsible or liable – the user is responsible for backing up any such information
Liability – Use of Electronic Services including Website and App
71. Go Carz does not accept liability for any damages, including, without limitation, indirect or consequential damages, loss of profits, use of data or any damages whatsoever arising out of, or in connection with the use or inability to use its services including the Web Service, the App and/or any associated websites (including information, advice, products, services, adverts or links of third parties).
72. Go Carz makes no representations or warranties of any kind whatsoever that the server behind this website is free of viruses or other components that may infect harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use the site.
73. Go Carz is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using Go Carz and/or associated websites is done at your own risk and Go Carz shall not be responsible or liable for any damages or injury that may result from transmitting such information.
74. If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
Copyright and Permitted uses
75. No materials from the Go Carz website, it's App and/or associated websites may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way. Go Carz takes active measures to ensure that no unauthorised use or breach of its intellectual property rights is committed.
Changes to the Webservice or App
76. Go Carz reserves the right, without liability, to change or discontinue any part of the Web Service or App, temporarily or permanently, at any time. Go Carz will give the maximum amount of notice of such changes or discontinuance as is practicable in the circumstances. Notice of any changes to the services will, wherever possible, be made available on this website and/or informed to users by Go Carz.
Changes to these Terms and Conditions
77. Go Carz may change these terms and conditions from time to time. Notice of any changes to these terms and conditions will be made available on our website. Any changes become effective immediately after they are made available on our website and/or informed to users by Go Carz. Any use of the service occurring after such date is subject to the amendments. Your continued use of the service after such date constitutes your acknowledgment of the terms and conditions, their modifications and your agreement to abide by and be bound by the agreement, as amended.
Amendment or Termination of Service generally
78. Go Carz reserves the right to develop, improve or amend in any way the Go Carz service, its website and/or mobile applications
79. Go Carz reserves the right to temporarily or permanently stop its services without informing the individual but in the case of this situation arising will do its utmost to keep people informed through its website www.gocarz.co.uk
80. These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and shall be subject to the exclusive jurisdiction of the English courts. These terms and conditions, as modified from time to time and/or including information given to users by Go Carz, constitute the entire agreement between Go Carz and you with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect. You agree that Go Carz has the right to assign or sub-contract any or all of its obligations under these terms and conditions.
81. You can contact Go Carz about any problems or questions with these terms and conditions, website or use of the service. Please contact us at email@example.com or write to us at Go Carz, Unit C1, Stafford Drive, Battlefield Enterprise Park, Shrewsbury SY1 3BF.
Comments or Complaints
83. If you have any comments or complaints about the service we or a driver have provided, please contact Go Carz as above or by telephone on any of our main numbers.
84. If you are unhappy with the response following a complaint, then you have a right to complain to the Licensing District with which your booking was made. In the first instance, this will be Shropshire Council and their contact details can be found on the internet at www.shropshire.gov.uk/licensing/
85. If your driver and vehicle was licensed by one of the other licensing areas in which Go Carz operates and holds an Operator’s Licence, then the appropriate place is the Licensing department of that Local Authority. Go Carz will provide you with the details upon request.
87. These terms and conditions do not remove or affect your statutory rights.