Terms & Conditions

1. Definitions

In this Agreement and each Booking, the following definitions apply:

Account

A client account opened with KK Transport under which the Client is allocated an Account Number enabling the Client to submit orders for Bookings on the extended credit terms set forth in this Agreement.

Account Number

The confidential identification number allocated by KK Transport to the Client.

Additional Services

Those additional services which may be provided by KK Transport during a Booking for Private Hire Services, including but not limited to: airport meet and greet; waiting time; request for executive or MPV vehicles; use of driver’s mobile phone; parking fees; additional stops; soilage; and supply of baby seats.

Affiliates

In relation to KK Transport, each and any subsidiary or holding company of KK Transport from time to time.

Agreement Commencement Date

The date of execution of this Agreement.

Booking

A booking made by a Client for Services, howsoever communicated to us, as evidenced by our records.

Booking Reference

The reference allocated to the Booking pursuant to clause 3.6.

Booking Request

A request made by the Client to KK Transport for a Booking, made either in writing, orally, or via the KK Transport online web application, in accordance with clause 3.

Business Day

A day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

Taxi Card

The booking card issued by and on behalf of KK Transport under which Clients can make Bookings.

Taxi Network

The authorised Network Partners who provide passenger services with whom the Client may make Bookings using a Taxi Card in accordance with the terms of this Agreement.

Charges

The charges for the supply of the Services by KK Transport as set out in the Price List and communicated to the person making the booking, or the charge rate agreed between KK Transport and the Client as applicable.

Christmas Period

Between 18:00 hours on 24 December to 23:59 hours on 26 December in any year, and from 18:00 hours on 31 December to 23:59 on 1 January in any year.

Client

Any person(s), firm or company which books services with KK Transport.

Contract

An agreement for the provision of Services by KK Transport to the Client upon acceptance of a Booking, incorporating the terms of this Agreement.

Credit Limit

The total credit amount extended to the Client in a calendar month.

Driver

Any person who drives a Taxi, Private Hire or Coach Vehicle.

Journey

A journey undertaken by a KK Transport (or Network Partner as the case may be) vehicle for or on behalf of a Client under a Booking.

Network Partner

An authorised and licensed private hire operator.

Price List

The list maintained by KK Transport of the Charges for the Services, as updated from time to time or as agreed with the Client in writing.

Services

Taxi Booking and Account Services provided by KK Transport (or a Network Partner as the case may be) to the Client pursuant to a Booking, including but not limited to Private Hire Services, Taxi Services and/or Coach Services.

Taxi Services

The provision of booking taxi services to be provided by KK Transport or a Network Partner as the case may be.

Vehicle / Vehicle Type

A passenger vehicle.

Waiting Time Charge

The charge levied when a driver is required to wait for collection, as more particularly set out in the Price List.

2. Interpretation

The following definitions and rules of interpretation apply in this Agreement and each Contract:

1. Clause, schedule and paragraph headings shall not affect the interpretation of the Agreement or any Contract.
2. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
3. A reference to a company shall include any company, corporation or other corporate body, wherever and however incorporated or established.
4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular, and any reference to one gender shall include a reference to the other genders and the neuter.
5. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision.
6. A reference to writing or written includes fax and email.
7. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
8. A reference to this Agreement or to any other agreement or document referred to in this Agreement is a reference to this Agreement or such other agreement or document as varied or novated (other than in breach of the provisions of this Agreement) from time to time.
9. References to clauses are to the clauses of the Agreement.
10. Any words following the terms including, include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

3. Booking Process

1. Prior to making any Booking, the Client shall first open an Account with KK Transport and KK Transport shall allocate the Client an Account Number.
2. Submission of a Booking Request shall constitute an offer by the Client to purchase the Services in accordance with the terms and conditions set out in this Agreement and as communicated to the Client.
3. When making a Booking Request the Client must specify:
   1. its Account Number (and any Booking made using that Account Number shall be deemed duly authorised by the Client, who shall be liable for all related Charges);
   2. the Services requested;
   3. the date and time the Services are requested for;
   4. the collection address;
   5. the destination address;
   6. the Vehicle Type required.
4. The Client is responsible for ensuring that the terms of the Booking Request are complete and accurate.
5. No Booking Request shall be deemed to be accepted by KK Transport until it is confirmed by KK Transport in writing, at which point the Contract shall come into existence. KK Transport may, in its absolute discretion, decline to accept any Booking Request.
6. KK Transport shall assign each Booking with a Booking Reference and shall confirm the Booking Reference in the Booking confirmation. Each party shall refer to the Booking Reference in any subsequent communications relating to the Booking.
7. Each Contract:
   1. shall be deemed entered into by the Client and KK Transport;
   2. forms a separate contract between its parties.
8. Bookings fulfilled by Network Partners are done so with KK Transport acting as the disclosed agent of the Network Partner for the purpose of booking platform bookings between the Network Partner and the Client. The Network Partner acts as Principal to the Client and is subject to these terms.
9. Bookings carried out by Network Partners will be invoiced in the same manner as bookings made under this Agreement with KK Transport.
10. Any amendment to this Agreement agreed by the Client and KK Transport in accordance with clause 10.1 shall be deemed to apply to all future Bookings accepted by KK Transport after the date of such amendment.

4. Charges

1. All Charges will be in reference to the Price List maintained by KK Transport and communicated to the Client.
2. In consideration of performance of the Services, the Client shall pay the applicable Charges and any applicable VAT (without set off or deduction) in accordance with the provisions of this clause 4.
   1. For Network Bookings, applicable VAT will be chargeable depending on the individual VAT status of the Network Partner.
   2. At the time of opening an Account, KK Transport will set a Credit Limit applicable to the Account. KK Transport reserves the right to refuse to accept any further Booking Requests in the event of the Credit Limit being met or exceeded. It is the sole duty of the Client to ensure that use of the Services is requested within the Credit Limit. KK Transport is under no duty to limit the Services provided to the Client to the Credit Limit and may, in its absolute discretion, continue to provide the Services should the Credit Limit be exceeded. The Client shall pay the full amount of Charges incurred in that calendar month regardless of whether the Credit Limit has been exceeded.
3. KK Transport reserves the right to vary the Price List from time to time.
4. KK Transport reserves the right to charge the Customer a surcharge for all journeys made during the Christmas Period; such surcharge will be communicated to the person making the relevant Booking.
5. Subject to any other written agreement between the parties, KK Transport shall invoice the Client monthly or weekly in arrears to include all incurred Charges relating to Bookings made under the Account Number.
6. The Client shall pay each invoice submitted to it by KK Transport, in full and in cleared funds, within the period stated on the invoice from the date of the invoice (“the due date”) issued pursuant to clause 4.2.
7. Preferred method of payment is by telegraphic transfer or BACS to such bank account as notified by us to the Client.
8. Without prejudice to any other right or remedy that it may have, if the Client fails to pay KK Transport on the due date for payment, the Client shall pay interest on the overdue amount at the applicable statutory rate. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.
9. All sums payable to KK Transport under this Agreement shall become due immediately on its termination, despite any other provisions.
10. In the event of any dispute concerning the calculation of the Charges, such dispute shall be raised in writing within 7 days of the date of the invoice (time being of the essence), and the Client shall pay any amount not in dispute. Where no dispute is raised within this period, the Client shall be deemed to accept the amount invoiced as being properly calculated and due and payable.

5. Liability

The Client’s attention is drawn particularly to this clause.

1. Nothing in this Agreement shall limit or exclude a party’s liability for:
   1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
   2. fraud or fraudulent misrepresentation; or
   3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
2. Subject to clause 5.1, to the fullest extent permitted by law, KK Transport shall have no liability whatsoever, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Agreement.
3. Subject to clauses 5.1 and 5.2, KK Transport’s total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with:
   1. a breach of a term of this Agreement shall be limited to the fees paid under Contracts in the 12-month period preceding the date of the claim;
   2. a breach of a Contract shall be limited to £150.
4. The Client shall indemnify and keep indemnified KK Transport from and against any costs, claims, demands, expenses and damages (whether direct or indirect) of whatever nature incurred by KK Transport arising out of or in connection with any claim, negligent act or omission, or default of the Agreement by the Client or its employees, agents or passengers.

Liabilities

This clause 5 shall survive termination of the Agreement.

6. Termination

1. Either party may terminate this Agreement by giving the other party not less than 3 months’ written notice.
2. Without affecting any other right or remedy available to it, either party may terminate this Agreement with immediate effect by giving written notice to the other party if:
   1. the other party commits a material breach of any term of this Agreement which is irremediable, or (if remediable) fails to remedy that breach within 21 days of being notified in writing to do so;
   2. the other party repeatedly breaches any of the terms of this Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement;
   3. the other party suspends, or threatens to suspend, payment of its debts, is unable to pay its debts as they fall due, admits inability to pay its debts, or (being a company or LLP) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
   4. the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors (other than for the sole purpose of a solvent amalgamation or reconstruction);
   5. a petition is filed, a notice is given, a resolution is passed, or an order is made for or in connection with the winding up of that other party (other than for the sole purpose of a solvent amalgamation or reconstruction);
   6. an application is made to court, or an order made, for the appointment of an administrator, or a notice of intention to appoint an administrator is given, or an administrator is appointed, over the other party;
   7. the holder of a qualifying floating charge over the assets of that other party has become entitled to appoint, or has appointed, an administrative receiver;
   8. a person becomes entitled to appoint a receiver over the assets of the other party, or a receiver is appointed over the assets of the other party;
   9. a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the other party’s assets, and such attachment or process is not discharged within 14 days;
   10. any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned above;
   11. the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business;
   12. there is a change of control of the other party (within the meaning of section 1124 of the Corporation Tax Act 2010).
3. For the purposes of clause 6.2.1, “material breach” means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the benefit which the terminating party would otherwise derive from this Agreement. In deciding whether any breach is material, no regard shall be had to whether it occurs by accident, mishap, mistake or misunderstanding.
4. Without affecting any other right or remedy available to it, either party to a Contract may terminate it with immediate effect by giving notice to the other party if any of the events set out in clause 6.1 apply.

7. Consequences of Termination

1. On termination of this Agreement, howsoever arising, the Client shall immediately pay to KK Transport all outstanding unpaid invoices and interest (as applicable), and in respect of Services supplied but not yet invoiced, KK Transport shall submit an invoice which shall be payable by the Client immediately upon receipt.
2. On termination of this Agreement, howsoever arising, any Booking accepted by KK Transport prior to the date of termination that is to occur after the date of termination shall also terminate, unless KK Transport, in its absolute discretion, agrees to continue to perform the Services. In such circumstances, KK Transport shall submit an invoice upon performance of the Service, payable immediately upon receipt.
3. Termination of any Contract shall not affect any other Contract or this Agreement.
4. On termination of the Agreement:
   1. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach which existed at or before the date of termination, shall not be affected; and
   2. clauses 2 (Interpretation), 4 (Charges), 5 (Liability), 7 (Consequences of Termination) and 10 (General) shall continue in force.

8. General – All Services

1. 1.KK Transport shall deliver the Services in accordance with the degree of skill and operating practice which would be expected from an experienced provider of services of a similar type.
2. 2.KK Transport shall procure that the Services are performed with due care and skill and shall use reasonable endeavours to ensure the Services are carried out by a suitably qualified, skilled and experienced person.
3. 3.Any dates or times specified in connection with the performance of the Services are estimates only, and time shall not be of the essence for KK Transport’s performance of its obligations under a Contract.
4. 4.KK Transport makes no guarantee that any passenger shall be delivered within the Client’s stipulated time period (if any) and/or within any time period stated by KK Transport. In particular, KK Transport cannot be held responsible for any delays caused by traffic congestion, weather conditions, incidents on the road, or vehicle mechanical failure, and bears no liability for the same.
5. 5.To the extent permitted by law, we shall not be liable in any way whatsoever for the acts or omissions of any Network Partners to whom we sub-contract the Services. We shall use reasonable endeavours to ensure that we only sub-contract the Services to third parties that have at least the minimum insurance cover required in their country of operation. If we become aware that a third party does not have a level of insurance coverage we would expect, we reserve the right to request that the Customer signs a standard form disclaimer and acknowledgement in respect of the same.
6. 6.Any Client property is carried entirely at the Client’s own risk, and KK Transport accepts no responsibility for any loss or damage to the Client’s property.
7. 7.A reasonable amount of ordinary passenger luggage may be carried in the vehicle at the absolute discretion of the driver. If, in the reasonable opinion of the driver, the luggage amounts to an excessive weight or poses a threat or danger to the driver, the vehicle or passengers, the driver may refuse to carry such luggage.
8. 8.KK Transport bears no responsibility for any luggage left by the Client in the vehicle, but will use best endeavours to return it via its drivers or Network Partners.
9. 9.KK Transport shall not be responsible for any property left by the Client in any vehicle. Where property is found, KK Transport will use best endeavours to return it, will store it for a period of one month, and will thereafter be entitled to deal with it appropriately in its absolute discretion.
10. 9A.Where KK Transport has agreed in writing to retain a customer-owned child car seat for a return journey, the customer must contact the KK Transport office at least 24 hours before the scheduled return collection to remind us that the car seat is required. Notifying the driver alone is not sufficient.
    
    If the customer does not provide this reminder, KK Transport cannot guarantee that the car seat will be brought to the return collection. KK Transport will make reasonable efforts to arrange its return but will not be responsible for delays, alternative transport costs or other reasonably avoidable losses resulting from the customer’s failure to provide the required reminder. Nothing in this clause excludes any liability that cannot legally be excluded.
11. 10.KK Transport reserves the right (and delegates to its drivers the right) to refuse to carry any person who is thought to be under the influence of alcohol or drugs and/or whose behaviour is considered to pose a threat to the driver, the vehicle, or other passengers.
12. 11.Clients will be held responsible for any damage to vehicles, fittings or equipment caused through negligence, misconduct or any default of the Client or any passenger travelling with them. During the Journey, Clients are not permitted to:
    • smoke, consume alcohol or drugs, or engage in any other illegal activity;
    • carry any animal (except registered guide dogs), save where permission was granted at the time of Booking — and where permitted, such animal must be carried in a suitable box or cage or appropriately restrained;
    and KK Transport reserves the right, in its absolute discretion, to cancel or refuse to carry out any Booking where, in the opinion of the driver, the Client is in breach of the above.
13. 12.KK Transport reserves the right to charge a reasonable repair or cleaning charge in the event of any spillage, soiling, contamination or other damage to a vehicle caused by the Client.
14. 13.All Clients are required to use seatbelts at all times.
15. 14.The Client may cancel a Booking by notifying KK Transport as soon as possible. KK Transport reserves the right to charge a cancellation fee for cancelled Bookings depending on how far in advance the cancellation was made prior to the pick-up time. Bookings cancelled while a driver has been assigned or has arrived at the pick-up point will be charged at the full rate. Any advance bookings should be cancelled with at least 24 hours’ notice, otherwise no refund will be given.
16. 15.Where requested, KK Transport will issue the Client with Taxi Cards unique to the cardholder’s name.
17. 16.The Client hereby authorises KK Transport to make any payments in respect of Bookings undertaken by a Network Partner to that Network Partner, and fully indemnifies KK Transport in respect of all costs, charges and expenses incurred by KK Transport in making such payments.

9. General

Variation

KK Transport may from time to time vary the terms of this Agreement and shall, as soon as reasonably practicable, notify the Client of any such variations. The Client shall then have 21 days from the date of such notice to decline such variations and may serve notice to terminate the Agreement in accordance with clause 6. In the absence of any objection during this period, the Client shall be deemed to accept the variations as notified.

Waiver

A waiver of any right or remedy under this Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy shall not constitute a waiver of that or any other right or remedy, nor prevent or restrict any further exercise of it.

Rights and Remedies

Except as expressly provided in this Agreement, the rights and remedies provided under it are in addition to, and not exclusive of, any rights or remedies provided by law.

Severance

If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted, without affecting the validity of the rest of the Agreement. Where practicable, the parties shall negotiate in good faith to amend any such provision so that, as amended, it achieves the intended commercial result of the original provision.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between them relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty not set out in this Agreement.

Force Majeure

KK Transport shall not be in breach of any provision of this Agreement, nor liable for any delay in performing or failure to perform its obligations, where such delay or failure results from events or circumstances beyond its reasonable control.

Assignment and Other Dealings

KK Transport may assign, transfer, mortgage, charge, subcontract, declare a trust over or otherwise deal in any manner with any or all of its rights and obligations under this Agreement.

No Partnership or Agency

Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute any party the agent of another, or authorise any party to make or enter into any commitments on behalf of another. Each party confirms it is acting on its own behalf and not for the benefit of any other person.

Third Party Rights

With the exception of any Affiliate providing Services under this Agreement, a person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it.

Notices

Any notice given under or in connection with this Agreement shall be in writing and delivered by hand or by pre-paid first-class post or other next-working-day delivery service to the relevant party’s registered office (if a company) or principal place of business. A notice shall be deemed received on signature of a delivery receipt or when left at the proper address (if delivered by hand), or at 9.00am on the second Business Day after posting, or at the time recorded by the delivery service (if sent by post or courier). These provisions do not apply to the service of proceedings or other documents in any legal action, arbitration or other dispute resolution process.

Counterparts

This Agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all counterparts shall together constitute one agreement. No counterpart shall be effective until each party has executed at least one.

Governing Law & Jurisdiction

This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

10. Terms & Conditions Explanation

Vehicle Order Type

It is the passenger’s responsibility to ensure that they order the correct type of vehicle to carry the number of passengers and luggage. Vehicle type can be changed after booking by sending an email request to info@kktransport.co.uk or by calling 01952 370066, prior to 24 hours before the actual pick-up time.

Prices

Prices quoted online and paid are for passengers being ready to travel at the booked time for the selected vehicle, not per passenger.

Phone Bookings

All phone bookings are available 24 hours and are taken with great care and detailed attention to ensure accuracy is maintained. Some bookings may be recorded for training and verification purposes. We will not be held liable for any incorrect information provided by a third party.

Booking Confirmations

We will send email confirmations to all of our passengers, provided a valid email address has been included with the booking. This applies to both phone and web bookings. If you don’t receive a confirmation email within 30 minutes, please check your spam folder, then call us on 01952 370066 or email info@kktransport.co.uk to check.

Passengers booked for two-way journeys must reconfirm the return pick-up booking by email or telephone 24 hours before the pick-up time, and no earlier than 72 hours before — failure to do so will result in cancellation of the return journey regardless of any payment already made. If you anticipate difficulty reconfirming your return journey, please make special arrangements with us in advance to obtain confirmation of your return journey booking reference.

Payments

1. Customers can book their taxi online through our website and pay securely at the time of booking.
2. Prepay by credit or debit card using a card payment link sent to your mobile phone.
3. Customers who select the pay-cash option will need to submit a deposit via payment link to secure their booking.
4. We also offer drivers with card machines so customers can pay their driver by credit or debit card directly.

Fraud Prevention

To protect the safety of our drivers and passengers, we have implemented the random installation of security cameras in our vehicles. Any online credit or debit card bookings will be subject to verification, and passengers may be asked to provide ID with the card used.

Waiting Time Charges

All pick-ups from airports and hotels are allowed a period of free waiting time from the landing time/arrival time or pre-agreed pick-up time. Any further waiting time will be charged at the rate set out in our Price List, payable in cash or by card to the driver. Flight delays are exempt from these charges.

Pick-ups from home, hotels, offices and other venues are allowed a short grace period from the actual booked time, after which waiting time charges will apply as set out in our Price List.

Additional Passengers and Luggage

Additional passengers and luggage may be added with the permission of KK Transport, but must not exceed the numbers permitted for the vehicle type ordered. It is the customer’s responsibility to choose the right vehicle for the trip and confirm the correct luggage allowance — if in doubt, please contact us on 01952 370066.

Additional Drop-offs and Pick-ups

Additional drop-offs and pick-ups will be charged per mile, subject to a minimum fee per diversion as set out in our Price List, which varies depending on vehicle size.

Booking Cancellations

A booking can be cancelled in advance by giving reasonable notice ahead of the pick-up time. A cancellation fee may be deducted from any pre-paid transfers cancelled with insufficient notice. For cash bookings, no cancellation charge applies where notice is given with reasonable advance warning.

Any booking made on the basis of paying cash to the driver, but secured with a credit or debit card, will be charged the full fare in the event of a late cancellation. All pre-paid bookings cancelled with insufficient notice will not be refunded. If the driver is outside your pick-up address at the time of cancellation, the full amount paid via card or online will be charged.

Missed Flights

If a passenger misses a flight, this must be reported to us immediately so we can notify the driver not to attend that pick-up. If the journey was pre-paid, it will be refunded, less an administrative deduction for bank charges. However, if the passenger wishes to take a later flight, we will provide the service at no extra cost.

No Show

A “no show” occurs where a passenger books a private hire car with us and fails to meet the driver at the agreed pick-up time and location, whether at a home, hotel or other private address, or as a result of an incorrect date or time on the booking.

For airport pick-ups, the driver will wait in the arrivals car park for the period allowed from the flight landing time, having attempted to contact the passenger. If the passenger fails to meet the driver within this time, or make contact to inform us of their status, this will be treated as a no show.

All bookings made online or by phone on the basis of paying cash or card to the driver, but secured with a valid credit or debit card, will be charged the full amount in the event of a no show. All bookings pre-paid by credit or debit card will not be refunded in the event of a no show.

Routes

The driver will select the route to a destination having regard to traffic conditions, time, road closures and diversions.

Liabilities

Special Fares

Our prices will be higher than standard on the following dates: 24th, 25th, 26th and 31st December, and 1st January, due to limited driver availability during seasonal periods. Applicable surcharges will be communicated at the time of booking.