TERMS AND CONDITIONS
These Terms and Conditions and the Order Form (if there is one) together form a legally binding contract between you and Us and sets out the basis to which We will provide the Services to you.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means any day other than a Saturday, Sunday or bank holiday;
means any day of the year;
means the contract for the provision of Services, as explained in Clause 3;
means a calendar month;
means the price payable for the Services;
means the Service(s) which are to be arranged by Us and to be provided to you as specified in your Order (and confirmed in Our Order Confirmation);
“Third Party Provider”
Means any of our Third Party Providers which We may use to supply any of the Services to you;
means your Order for the Services as set out on the Order Form;
means Our acceptance and confirmation of your Order as described in Clause 4;
means the Order Form completed by you setting out the Service(s) you wish to book through Arrience;
means Arrience, a Private Limited Company registered in England under company number 11670958, whose registered address is 5 Nightingale Close, Edgbaston, Birmingham, B15 2NN.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
2. Information About Us
2.1 Arrience is a Private Limited Company registered in England under company number 11670958, whose registered address is 5 Nightingale Close, Edgbaston, Birmingham, B15 2NN.
3. The Contract
3.1 These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
3.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
3.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
4.1 All Orders for Services made by you will be subject to these Terms and Conditions.
4.2 An Order has been made once the booking information form has been completed and payment for the Service has been paid in full.
4.3 Once an Order has been accepted by Us you will receive an Order Confirmation via email providing you with details of the Services that are to be provided to you.
4.4 You may change your Order 24 hours before the Service is due to be provided by writing to Us at email@example.com
4.5 If you need to change your Order within 24 hours of the Services being provided but before the Services have commenced you must communicate your request to Us via telephone on 0121 270 5621.
4.6 You cannot change your Order once the Services have commenced. Commencement of Services will be considered as at the time your allocated Driver has began his or her journey to the airport.
4.7 If your Order is changed you will be charged an administration fee calculated at no more than 25% of the total Price paid for the overall Service. The Price for the Service may also change depending on the significance of the changes requested. We will inform you of the change in Price for the overall Service in writing. Any changes in Price must be settled prior to the Change of Service being provided.
4.8 You may cancel your Order at any time by writing to Us at firstname.lastname@example.org.
4.9 You will receive a full refund following a cancellation as long as the cancellation is made in writing to email@example.com and made 48 hours prior to the Service being provided.
4.10 If you cancel your order within 48 hours of the Services being provided but before the Services have commenced you must communicate your request to Us via telephone on 0121 270 5621 and you will be refunded 50% of any payments made to Us for the Service.
4.11 You will not be entitled to a refund once the Services have commenced. Commencement of Services will be considered as at the time your allocated Driver has began his or her journey to the airport.
4.12 Refund(s) will be arranged as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation.
4.13 We may cancel your Order at any time before We begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform you as soon as is reasonably possible. If you have made any payments to Us the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed in writing.
5. Price and Payment
5.1 The Price of the Services, as described on our website as “The Arrience Arrival Exp” will be that shown on the website at the time you complete your Order, subject to your Order being for an Airport Pickup with a drop off destination within 20 miles of the Airport to which you are picked up from.
5.2 If your Order is for an Airport Pickup with a drop off destination beyond 20 miles of the Airport to which you are being picked up from We will email you with the Price for the Services and you will be required to respond with acceptance of the Price and with Payment before you receive our Order Confirmation email.
5.3 The Price of the Services, as described on our website as “The Arrience Tailored Exp” will be emailed to you and you will be required to respond with acceptance of the Price before you receive our Order Confirmation email.
5.4 Our Prices may change at any time and you will be informed of this in writing before the Service is provided. Any change in Price must be paid for by you before the Service is provided.
5.5 We accept payment via debit and/or credit card and via BACS.
5.6 You must provide your full name as reference when making BACS payment.
5.7 BACS payments must be made to the following:
Account number: 93751767
Sort Code: 20-08-64
IBAN: GB93 BUKB 2008 6483 5040 69
5.8 Credit and/or debit cards will be charged at 3% of the overall transaction fee.
5.9 Business clients who transact with Arrience will be invoiced for the Services provided and will have 14 days to settle their invoice. Failure to settle invoices will result in interest accruing at the Bank of England base rate and any fees for attempting to recover unpaid invoices will also be charged to the business client and become owing immediately. Failure to make payment of any invoices may also lead to the withdrawal of Services.
6. Providing the Services
6.1 The Services constitutes a technology platform that enables users of Arrience’ website to book transportation with independent Third Party Providers who are not employed by Arrience. Arrience acts as an Agent for the Third Party Providers.
6.2 We will make every reasonable effort to arrange the Services in accordance with your Order. We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 8 for events outside of Our control.
6.3 If We require any information or action from you in order to arrange the Services, We will inform you of this as soon as is reasonably possible.
6.4 If the information or action required of you under sub-Clause 6.3 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.
6.5 We always use reasonable efforts to ensure that the provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible. You do not need to contact Us in writing.
6.6 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
7. Our Liability
7.1 We are only liable to you as set out in these terms. We have no other duty or liability to you except for those imposed by law.
7.2 Arrience’ Services may be used by you to arrange Transportation with Third Party Providers but you agree that Arrience has no responsibility or liability to you related to any transportation provided to you by Third Party Providers as expressly set forth in these terms.
7.3 Arrience makes no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services, or that Service will be un-interrupted or error free. Arrience does not guarantee the quality, suitability, safety or ability of Third Party Providers. You agree that the entire risk arising out of your use of the Transportation Services remains solely with you, to the maximum extent permitted under applicable law.
7.4 Arrience shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost date, personal injury or property damage related to, in connection with or otherwise resulting from any use of the Services, even if Arrience has been advised of such damages. Arrience shall not be liable for any damages, liability or losses arising out of (i) your use of or reliance on the Services or your inability to access or use the Services or (ii) any transaction or relationship between you and any Third Party Provider, even if Arrience has been advised of such damages. Arrience shall not be liable for delay or failure in performance resulting from causes beyond Arrience’s reasonable control. In no event shall Arrience’s total liability to you in connection with the Services for all damages, losses and causes of action exceed £500.00.
7.5 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence; or for fraud or fraudulent misrepresentation.
7.6 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
8. Events Outside of Our Control (Force Majeure)
8.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
8.2 If any event described under this Clause 8 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
8.2.1 We will inform you as soon as is reasonably possible;
8.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
8.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
8.2.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 4.8. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice;
8.2.5 If the event outside of Our control continues for more than 3 weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 4.13 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.
9. Communication and Contact Details
9.1 If you wish to contact Us, you may do so by telephone at 0121 270 5621 or by email at firstname.lastname@example.org.
9.2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods:
9.2.1 Contact Us by email at email@example.com; or
9.2.2 Contact Us by post at 5 Nightingale Close, Edgbaston, Birmingham, B15 2NN.
10. Complaints and Feedback
10.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
10.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from our website.
10.3 If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of the following ways:
10.3.1 In writing, addressed to The Director, Arrience Limited, 5 Nightingale Close, Edgbaston, B15 2NN.
10.3.2 By email, addressed to The Director, firstname.lastname@example.org.
11. How We Use Your Personal Information (Data Protection)
11.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
11.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from our website.
12. Other Important Terms
12.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
12.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
12.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
12.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
12.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
13. Governing Law and Jurisdiction
13.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
13.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence.
13.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.