+441480 716363
AIRKABLTD
55 Samuel Jones Crescent, Little Paxton, PE19 6QZ

Airkab Limited: Terms and Conditions for booking.

 

  1. Definitions:
  1. “Airkab” means Airkab Uk Ltd of registered office 55 Samuel Jones Crescent Little Paxton St Neots Cambridgeshire PE19 6QZ , Company number
  2. “Customer” means a person booking a private hire service through Airkab. A Customer must be at least 18 years old.
  • “Airkab App” means the computer program designed to operate on GPS-enabled mobile telephones for the purposes of booking private hire services through Airkab.
  1. “Service Provider” means a licensed private hire vehicle operator providing private hire services to a Customer.
  2. “Airkab Account” means a personal account opened by a Customer to enable the Customer to access Airkab’s services.

 

  1. Airkab provides a software program, the Airkab App, designed to operate on gps-enabled mobile telephones to book and arrange private hire transportation services to Customers through the use of Service Providers who are independent of Airkab. These services are for personal, non-commercial use, and Airkab does not itself provide transportation services, delivery services or vendor services. All transportation is provided by Service Providers and any contract for provision of such services is made between the Service Provider and the Customer. Airkab facilitates the making of that contract and is an agent of the Service Provider but is not the supplier of the transportation services. The Service Providers are not employees of Airkab.

 

  1. Airkab gives any Customer a limited, non-exclusive licence to access and use the Airkab App on the Customer’s mobile device solely for the purposes for which the Airkab App is designed namely the booking and arrangement of transportation services through Service Providers. In all cases these are for personal, non-commercial use. This license is non-transferrable and gives no right to any Customer to amend or alter or misuse the Airkab App or to distribute it. Airkab is not responsible for any loss or damage caused by the Airkab App or arising from its use. No Customer can use the Airkab App to provide services to third parties. No Customer may use the Airkab name or logo or hold him or herself out as being connected to Airkab.

 

  1. To access Airkab’s services through the Airkab App a Customer will need to open an Airkab Account. To open an Airkab Account a Customer must supply personal information including the Customer’s name, address, age and mobile phone number, together with a valid means of payment such as a credit or debit card. Any Customer must provide accurate information and agrees to keep that information correct and up-to-date whilst the Customer retains an Airkab Account. Failure to provide accurate information may prevent a Customer from accessing the services supplied by Airkab and Airkab accepts no responsibility for any loss arising from such failure. Airkab provides a password security system to protect a Customer’s personal data and advises all Customers to take care to maintain the security of such passwords but accepts no responsibility for any losses arising from failure to maintain the security of that password.

 

  1. By opening an Airkab Account a Customer agrees that Airkab may, in its discretion, send text (SMS) messages or information to the Customer’s mobile telephone as appropriate.

 

  1. No Customer can open more than one Airkab Account and no Customer can assign or transfer an Airkab Account nor allow a third party to use or transfer any Airkab Account. A Customer must comply with all necessary laws and regulations and must not use the services provided by or through Airkab for any unlawful purpose. Airkab may cancel a Customer’s Airkab Account at any time without notice and for any reason and such reason need not be notified to the Customer. No person has any absolute right to open an Airkab Account and Airkab can refuse to permit any person so to do without provision of reason.

 

  1. Airkab and Service Providers may at their discretion require the provision of proof of identity by any Customer and may refuse to transport any Customer if such proof of identity is not provided.

 

  1. Airkab permits use of the Airkab website for the purposes of provision of services and all related matters. If any Customer uploads or posts material that is considered defamatory, libelous, hateful, obscene, pornographic, unlawful or abusive or inappropriate by Airkab at Airkab’s sole discretion then Airkab reserves the right to remove such material immediately without notice or warning but is not obligated to review or monitor such material.

 

  1. Airkab is not liable for any fees, charges or costs arising from access to Airkab’s services through any data network. Airkab is not responsible for obtaining or providing or maintaining such network access nor for provision of any necessary hardware or devices so to do. Airkab gives no warranty or guarantee that the Airkab App will function on any particular hardware or device and is also not responsible for any delays or failures of data transfer over any such network.

 

  1. Under the various Acts of Parliament and regulations made under those Acts relating to taxis and private hire vehicles, including the Private Hire Vehicles (London) Act 1998, the Civic Government (Scotland) Act 1982, the Taxis Act (Northern Ireland) 2008 and the Local Government (Miscellaneous Provisions) Act 1976, and any regulations made under those Acts, and also under any related local government regulations relating to the operation of private hire vehicles, a private hire booking made by a Customer must be accepted by a person that holds a relevant operator’s licence. Airkab accepts any such booking at its registered address when made using the Airkab App.

 

  1. Such a booking will then be allocated by Airkab at Airkab’s absolute discretion to such Service Provider as Airkab deems suitable for the purpose of the booking. Either Airkab or the Service Provider will be a holder of the necessary operator’s licence.

 

  1. Airkab accepts the booking and arranges a Service Provider as agent for that Service Provider and is not a party to the contract between the Customer and the Service Provider. Airkab will allocate each Customer to a Service Provider in such fashion as Airkab deems appropriate.

 

  1. Airkab will keep a record of all bookings from Customers and by entering into a booking with Airkab a Customer gives permission for Airkab to record such information as Airkab requires and consents to Airkab retaining such data as is appropriate relating to the Customer and to the booking.

 

  1. The booking service is provided free of charge to the Customer. The Customer is liable to pay the rates for the transportation service provided by the Service Provider. Such rates will not exceed the rates indicated by the Airkab App or on the Airkab website but Airkab and any Service Provider reserve the right to increase or alter those rates at any time without notice.

 

  1. The use of the Airkab App and the use of Airkab’s services by any Customer constitutes agreement to be bound by these terms and conditions and constitutes a binding contract between Airkab and that Customer.

 

  1. Airkab is not bound to provide any service to any Customer at any time and may withdraw the Airkab App and any services offered through the Airkab App at any time either individually or generally without notice.

 

  1. The Customer is liable for any fees and payments due and arising from accessing the services provided by Airkab. Airkab will transfer sums due for the said provision of services through the payment method set up in the Customer’s Airkab Account and by so doing the Customer will make necessary payment to the Service Provider. Payment is due for the services provided to the Customer when those services are provided. Payments for the services provided are final and not refundable. Airkab will provide a receipt by email if a Customer has supplied a valid email address. Airkab and the Service Provider are not liable to provide any service to the Customer if the payment method aforesaid is invalid or ineffective.

 

  1. Sums due and payable are at Airkab’s discretion. Customers accept that charges due may increase at times of high demand or be higher in certain geographical locations. Airkab will notify you so far as is reasonably practicable of the charges due for the services to be provided before the service is provided.

 

  1. Any Customer may cancel the request for services prior to the Service Provider arriving to serve the Customer. Airkab reserve the right to charge a cancellation fee in such circumstances. A cancellation fee will not exceed the charge originally notified to the Customer for the service.

 

  1. The sum due from the Customer to the Service Provider does not include any form of gratuity or “tip”. Provision of a “tip” by the Customer to the Service Provider is a matter between the Customer and the Service Provider and is entirely voluntary.

 

  1. No Customer is authorised entitled or permitted to cause any damage or harm to the Service Provider or any vehicle operated by a Service Provider. If any Customer causes damage or harm (to include requiring the cleaning of the interior or exterior of a vehicle) then Airkab reserves the right to recover the costs of any necessary repairs or cleaning from the Customer in such fashion as Airkab considers appropriate including using the payment method set up in the Customer’s Airkab Account. Any such payment is non-refundable and shall be for the reasonable costs incurred. Airkab also reserves the right to take legal action against any Customer who causes damage or harm including referring any such matter to the police.

 

  1. The services provided by Airkab are provided “as is” and “as available”. Airkab does not make any representation or warranty that any service will be provided. Airkab is not liable save as required by law for any loss or damage arising from the provision or non-provision of services. Airkab does not make any express or implied warranty as to the fitness of the services offered to the Customer for any purpose. Airkab makes no representation or warranty as to the availability, reliability, suitability, quality or timeliness of any such services. Airkab cannot guarantee that any services provided or offered will be available at any specific time.

 

  1. Airkab is not liable for any loss or damage suffered by the Customer as a result of any negligence, breach of contract, misrepresentation or breach of statutory duty save as provided by applicable law.

 

  1. Any dispute arising from the provision of booking services or otherwise is governed exclusively by the laws of England and Wales wheresoever the Customer may access the said services from anywhere in the world.

 

  1. In the event of a dispute between Airkab and a Customer Airkab reserves the right to refer any such dispute to mediation and the parties shall endeavour to agree the identity of a suitable mediator. In the absence of such agreement with 42 days of the commencement of a dispute the parties shall submit to mediation through the Society of Mediators, 218 Strand, London WC2R 1AT. The fees due to the mediator will be paid prior to the mediation by the Customer and Airkab in equal shares and in the absence of such payment by both parties the mediation shall not proceed. If mediation does not take place or is not effective in reaching a settlement between the parties then any dispute must be dealt with through the court system of England and Wales.

 

  1. Airkab may amend these terms and conditions at any time without notice and such amendments will become effective once posted on Airkab’s website.

 

  1. Airkab is not and shall not be responsible for the services provided by Service Providers nor that the services provided by Service Providers will be available, reliable, suitable or timely. All risks arising from the use of the service provided by Airkab remains solely with the Customer to the extent permitted by law.

 

  1. Airkab is not and shall not be liable for any indirect or consequential losses or damage including lost profits, lost data, lost or damaged property arising from the use of the services or resulting from a Customer’s inability to access any such service. The maximum liability that Airkab accepts for any losses arising from any cause or causes of action shall not exceed £250.00.

 

  1. The limitations and disclaimers herein do not purport to limit liability or alter a Customer’s rights as a consumer.

 

  1. No joint venture, partnership, employment or agency relationship exists between the Customer, Airkab or any Service Provider as a result of the contract between the Customer and Airkab or use of the services provided by Airkab.

 

  1. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In such circumstance the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding between Airkab and the Customer with respect to its subject matter and replaces all previous agreements regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

 

  1. Notices to Airkab may be given by email to info@airkabltd.com. Notices by Airkab to any Customer may be given by email to the email address given by the Customer in the Customer’s Airkab Account or may be given by text (SMS) message to the Customer’s mobile phone.

 

  1. All Customers agree to indemnify and hold Airkab and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with the use of the services provided by Airkab or breach or violation of any of these Terms or violation of the rights of any third party, including Service Providers.

 

  1. These Terms and Conditions are the complete agreement between Airkab and any Customer.

 

 

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