GENERAL TERMS AND CONDITIONS
Both you and we agree to be bound by these Terms and Conditions
There are some definitions at the bottom of the page.
3. YOUR PROMISES TO US
You warrant and agree:
3.1in relation to the Site that:
3.1.1 if you follow any links we have on the Site, you will read the terms and conditions on the sites we link you to;
3.1.2 you won’t use robots, spiders, scrapers or similar things on the Site;
3.1.3 you won’t try to get around any things we put on the Site to stop or limit access to parts of it;
3.1.4 you won’t do anything that might cause our System to crash;
3.1.5 you won’t steal, borrow, copy or otherwise obtain the Site or any part of it for use in any other site or application;
3.1.6 you won’t try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs we use in connection with the Site or the services it offers;
3.1.7 you won’t copy, imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own;
3.2 in relation to your Booking and on behalf of yourself and each member of your Group that:
3.2.1 you have the right to make this agreement with us; and you have the authority of and act as agent for all others on whose behalf you are making the Booking and that you are over the age of 18 years;
3.2.2 all of the information you give to us when you make a Booking is true, accurate and complete and that you are not acting as agent for anyone else apart from the people in your Group;
3.2.3 you have told us before the delivery of our services of anything which might affect the Booking or any advice or assistance we or the Service Provider might give including but not so as to limit the effect of this sub-Clause:
220.127.116.11 your need for any child seat/s;
18.104.22.168 any disabilities to which you or your Group are subject and which may affect the delivery of the services we provide;
3.2.4 you will follow all advice we offer in relation to the service we offer;
3.2.5 if we offer advice which you choose not to take we will not be liable for the consequences;
3.2.6 your Group will not exceed the size you have advised us of when making the Booking and you agree that the Service Provider has no obligation to accommodate any other person or persons;
3.2.7 you and each member of your Group will at all times comply with the reasonable requests of the Service Provider and any conditions they impose in connection with the delivery of the services they provide and that if you break this sub-Clause your Booking may be cancelled and you will not be entitled to any compensation;
3.2.8 you have considered the need for travel insurance in connection with the Booking and have taken such insurance as is appropriate and reasonable for that Booking.
3.3.1 If you fail to use any Voucher by the date agreed in your Booking we will not be able to refund the monies you have paid unless we have made a mistake or you are covered by the Regulations.
4. SERVICE CONDITIONS
The following conditions are specific to the type of service you have asked us to assist with. You agree that you have read the Service Conditions that apply to your Booking.
4.1.1 With your Booking Confirmation, we will provide a Voucher confirming the date and duration of your stay and details of the accommodation you require.
4.1.2 You agree to examine the Voucher to ensure that it complies in all respects with the requirements you entered when you made the Booking.
4.1.3 If there is an error in the Voucher you agree to contact us immediately on 020 7592 3055 or by email to firstname.lastname@example.org to advise us of the error and we will do what we can to resolve it.
4.1.4 If you do not contact us in connection with an error in the Voucher, we will have no responsibility to you if there is a problem with your Booking.
4.1.5 Your Voucher is proof of your Booking and any payment you have made and must be handed to the Hotel you have reserved before you check in.
4.2 TOURS, ATTRACTIONS, THEATRE TICKETS, EXPERIENCE TICKETS
4.2.1 With confirmation of your Booking, we will provide a Voucher which will confirm the date and (if appropriate) time of that Booking.
4.2.2 You agree to print off the Voucher and to ensure that it complies in all respects with the requirements you entered when you made the Booking.
4.2.3 If there is an error in the Voucher you agree to contact us immediately on 020 7592 3055 or by email to email@example.com to advise us of the error and we will do what we can to resolve it.
4.2.4 If you do not contact us in connection with an error in the Voucher, you will be obliged to accept the Booking as shown in the Voucher and you will not be entitled to a refund.
4.2.5 Your Voucher is proof of your Booking and any payment you have made and must be handed to the Venue you have reserved in order to enjoy it.
4.2.6 You also understand and agree that if the Booking Confirmation is not exchanged for a Voucher before the time and date booked, we are not able to issue a refund for any reason.
4.3 SIM CARDS, MOBILE PHONES, AIR TIME, OYSTER CARDS
4.3.1 With your Booking Confirmation, we will provide a Voucher which represents the product you have requested.
4.3.2 You agree to print off the Booking Confirmation and to ensure that it complies in all respects with the requirements you entered when you made the Booking.
4.3.3 If there is an error in the Booking Confirmation or the Voucher you agree to contact us immediately on 020 7592 3055 or by email to firstname.lastname@example.org to advise us of the error and we will do what we can to resolve it.
4.3.4 If you do not contact us in connection with an error in the Booking Confirmation or Voucher, you will be obliged to accept the products as shown in the Voucher and you will not be entitled to a refund.
4.3.5 You must take your Voucher to any of our Desks where you may exchange it for the goods you have selected.
4.3.6 The Voucher issued for such products will expire 6 months from the date of the Voucher and, after that date, will have no value.
4.3.7 Please note that the purchase of the product will be completed at the Desk and that for the purpose of the Regulations we are a retailer and the Desk represents our business premises. You acknowledge that we have provided you with the Information required under Schedule 1 of the Regulations.
4.4 CAR TRANSFERS
4.1.1 With confirmation of your Booking, we will provide a Voucher which represents the product you have requested.
4.4.2 You agree to print off the Booking Confirmation and to ensure that it complies in all respects with the requirements you entered when you made the Booking.
4.4.3 If there is an error in the Booking Confirmation you agree to contact us immediately on 020 7592 3055 or by email to email@example.com to advise us of the error and we will do what we can to resolve it.
4.4.4 If you do not contact us in connection with an error in the Booking Confirmation, you will be obliged to accept the products as shown in the Voucher and you will not be entitled to a refund.
4.4.5 You must take your Voucher to any of our Desks which will make your transport arrangements.
4.4.6 The following additional conditions relate to Car Transfers:
22.214.171.124 you will arrive at any collection point on or before the time we or the Service Provider have specified and you agree that time will be of the essence in this respect and that if you are late your Booking may be cancelled and you will not be entitled to any compensation;
126.96.36.199 neither you nor any member of your Group will be intoxicated during any transfer we arrange for you and that neither you nor any member of your Group will smoke, consume alcohol or food during any transfer and that if you break this sub-Clause your Booking may be cancelled and you will not be entitled to any compensation;
188.8.131.52 (unless we have agreed a bigger allowance in writing with the Service Provider before the Booking) each person in your Group will carry no more than one suitcase not exceeding 20kg in weight and not exceeding 70 x 40 x 20 cm in size and one item of hand baggage and you will pay any additional charges imposed by the Service Provider for any excess over this allowance;
184.108.40.206 you accept that any transfer times we display on the Site or elsewhere are estimates and that we cannot guarantee that they will be complied with;
220.127.116.11 you agree that the Booking comprises only the number of Stops referred to in the Voucher.
4.5 TRAIN TRANSFERS
4.5.1 With confirmation of your Booking, we will provide a Voucher which represents the product you have requested.
4.5.2 You agree to print off the Booking Confirmation and to ensure that it complies in all respects with the requirements you entered when you made the Booking.
4.5.3 If there is an error in the Booking Confirmation you agree to contact us immediately on 020 7592 3055 or by email to firstname.lastname@example.org to advise us of the error and we will do what we can to resolve it.
4.5.4 If you do not contact us in connection with an error in the Booking Confirmation, you will be obliged to accept the journey/s as shown in the Voucher and you will not be entitled to a refund.
4.5.5 You must take your Voucher to any of our Desks which will provide your tickets.
4.6.1 You understand and agree that if you order more than one service from us as part of a single Booking the terms and conditions relevant to each part of the Booking and as set out in this Clause 4 will apply to the relevant part of that Booking.
4.7 SERVICE PROVIDER’S CONDITIONS
4.7.1 You understand and agree that each of the Service Providers with whom we put you in contact may apply their own conditions to the service or product you order through us and that, as it is not possible for us to reproduce those conditions in these Terms and Conditions, you have read, understand and accepted all such conditions before you have made any Booking
5. INTELLECTUAL PROPERTY
5.1 Either we or our affiliates own all of the information and intellectual property on the Site.
5.2 You don’t have the right to copy or use any of that information or intellectual property other than to use the Site, unless we give that right to you.
6. OUR ROLE
You acknowledge and agree that:
6.1 the service we provide is to act as your agent in making a Booking. We are not the agent of any Service Provider and are not party to any contract made between you and any Service Provider;
6.2 we have no liability to you if the Service Provider does not honour the Booking and that your rights are against the Service Provider and not against us;
6.3 we make no guarantee as to the cost, availability, quality, nature of the services available for the Booking (including but not by way of limitation special facilities for children or handicapped people, vehicle or accommodation types, locations and facilities) and all and any information we supply to you has been passed to us by the Service Provider;
6.4 we do not examine the credentials of any Service Provider and have no information as to their suitability for the Booking;
6.5 the provisions of Clauses 6.1 to 6.4 do not apply if we are selling any physical products and in that event, we are the retailer and not your agent.
7. THE PROCESS
7.1 No contract exists between you and the Service Provider until we have indicated to you that the Booking has been accepted by the Service Provider.
7.2 We will hold all monies you pay for a Booking until the Booking has been accepted by the Service Provider.
7.3 You must print the Voucher for your Booking and, if there is more than one element to the Booking, then you must print the Vouchers for all elements.
8.1 We agree to make no charge to you for the services we provide and you accept that we earn commissions from Service Providers.
8.2 You agree that we may receive and retain all and any commission that is paid to us by a Service Provider in relation to the Booking.
8.3 If you make a payment for a Booking using the services we provide and that payment is later dishonoured, taken back by your bank or we are otherwise obliged to return it to your bank then and in any such instance, you agree that you will repay to us:
8.3.1 the amount dishonoured, taken back or returned;
8.3.2 a sum of at least £25 to cover the administrative expenses to which we are put as a result;
8.3.3 an amount equivalent to interest at the rate of 6% above the base rate from time to time of Barclays Bank plc on such amount from the date upon which the money ceased to be held to our credit to the date we receive payment from you (whether before or after judgment).
9. CHANGES, CANCELLATION & COMPLAINTS
9.1 If you are buying services from us as a consumer then the following provisions apply:
9.1.1 for the purpose of the Regulations we may confirm these Terms and Conditions and the goods and services we are providing to you in the email in which we confirm your Booking;
9.1.2 Sections 27.2.c, 27.3 and 28.1.h of the Regulations allow us to remove any right you have to cancel your Booking after we have confirmed it and you agree that as soon as we have confirmed the Booking it is final and binding upon you;
9.1.3 notwithstanding sub-Clause 9.1.2, you may cancel any Booking by telling us in writing (either by letter sent by 1st Class Signed For delivery or email to the address from which the Booking was confirmed) at least 14 days before the date upon which the first element of that Booking is due to commence (time being of the essence) and in that event we will refund to you 75% of the cost of that Booking. Unless we agree otherwise you must cancel the whole Booking and not part of it.
9.2 If you are not buying as a consumer you may not cancel the Booking.
9.3 Either we or the Service Provider may cancel any Booking on giving you 14 days’ notice in writing (either by letter sent by 1st Class Signed For delivery or email to the address from which the Booking was confirmed) and without reason and in that event our sole liability will be to refund to you the amount you have paid to us for the Booking.
9.4 If you wish to amend your Booking we will advise the Service Provider and assist you in making that amendment but you accept and agree that we have no control over whether an amendment can be made and in relation to any additional costs which that amendment may incur.
9.5 You acknowledge that your Booking is for a specific time and if you are not available at that time the Service Provider may cancel the Booking but retain the fee.
9.6 If you feel that you may be delayed, you agree to contact the Service Provider as soon as you are aware of the delay in order to find out if they can accommodate that delay.
9.7 You acknowledge that the Service Provider cannot guarantee the arrival time at your destination and that we have no liability if there is any delay.
Service Provider Failure
9.8 As we are your agent we have no responsibility for the failure of any Service Provider and we will always do what we reasonably can to help you but if the Service Provider does not provide the service you have paid for or is not satisfactory please follow these simple rules:
9.8.1 As soon as you can, address your complaint to the most senior member of the Service Provider’s staff you can locate and make sure that you keep a note of their name, the time and date of your complaint and details of what, if any, promises have been made.
9.8.2 Take photographs of any relevant problems if the issue is not resolved.
9.8.3 Most problems can be resolved on site. Your chances of making a successful complaint will reduce if you do not do all that you reasonably can whilst you are there.
9.8.4 If you need to seek alternatives, then you should do so but always be reasonable. If the accommodation you have booked is 3 star don’t move to a 5 star hotel and expect to be compensated for the full cost.
9.8.5 Send us details of the problem and we’ll do what we can to help.
10. BANK/CREDIT CARD NUMBERS
We do not store credit card details nor do we share our customers’ financial details with any third parties.
11. PRIVACY & COOKIES
12.1 We can’t promise that the Site will meet your needs; that it will work properly; that it will be fit for a particular purpose and that it will not infringe the rights of others.
12.2 We can’t promise that the Site will work with all systems; that it will be secure and that all information provided will be accurate.
12.3 Any advice given on the Site is general in nature and may not apply to you and/or your circumstances. You must take steps to double check that that advice is effective for you.
12.4 We take all reasonable effort to test material before placing it on the Site. In the very unlikely event of any loss, disruption or damage caused by material on the Site, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur.
12.5 Because we cannot know and understand your personal circumstances, we cannot guarantee that any suggestion in any material we provide will cause any specific outcome and any and all such material is provided by way of general suggestion only and not in any form of warranty on our part as to any outcome you may achieve.
12.6 The only rights you have under these Terms and Conditions are those mentioned within them. If a right is not mentioned (unless it is a right given to you under the laws of England and Wales) then it does not exist.
12.7 We can’t promise that the Service Provider will provide any particular level of service, be on time, be able to accommodate all or any of your specific requirements or will provide any of the services it advertises.
13.1 If you experience delays or difficulties with your Booking you must contact the Service Provider as soon as you can.
13.2 We do our very best to make sure that you do not experience any problems but if you do, you must tell us straight away and you accept that, as your agent, our actions on your behalf are limited.
13.3 We will do what we can to resolve the problem as quickly as we can and without charge to you if we agree that you have a problem.
14. AVAILABILITY OF THE SITE
14.1 We never guarantee that the Site will be available all the time and if it’s not available for any reason you can’t hold us responsible for anything you lose as a result.
14.2 We have the right to change the Site and the services it offers, suspend it or stop it at any time.
15. LIMITATION OF LIABILITY
15.1 As far as we are allowed by law, we deny liability for any losses of all kinds which you incur from visiting the Site. You use the Site at your own risk.
15.2 We do not accept any liability if you are using the services we supply for commercial purposes.
15.3 Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
16. LINKS TO OTHER WEBSITES
16.1 We don’t control any of the websites we link to and so we can’t be responsible for the content of such websites and disclaim liability for any losses which come out of you using them.
16.2 Just because we link to a site does not mean that we endorse or recommend that site.
16.3 We can never guarantee that a link will work.
16.4 If you find any link we offer to be offensive, please let us know and we will consider removing it.
16.5 If you link to any other site using the Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions – so you agree that you will read and understand them before using those sites.
17. MODIFICATIONS TO THESE TERMS AND CONDITIONS & THE SITE
17.1 We’ve already said this, but we need to make it clear that these Terms and Conditions will change from time to time and we don’t have the resources to let all our visitors know about the changes. As a result you MUST come back to this page to make sure that we haven’t changed these Terms and Conditions and whenever you access the Site, you are confirming to us that you are aware of any changes.
17.2 We’ve also got the right to change the Site as and when we want to, but these Terms and Conditions will still apply to any changes we make.
18. GENERAL MATTERS
18.1 These Terms and Conditions are made under the laws of England and Wales and that is the only jurisdiction which can govern it.
18.2 We and you agree that any agreement to which these Terms and Conditions apply does not form the basis of any partnership or co-venture.
18.3 These Terms and Conditions supersede any previous agreement between the parties in relation to the matters dealt with in them and represents the entire understanding between the parties.
18.4 Time will not be of the essence in any part of these Terms and Conditions.
18.5 All parties acknowledge and agree that they have not entered into any agreement to which these Terms and Conditions apply in reliance on anything said or promised by the other which is not in these Terms and Conditions.
18.6 If something outside our control happens and that prevents us from performing our services then you accept that we are not liable for the consequences of that failure (this includes such things as strikes, riots, fires, explosions, war, floods and so on). If such an event does happen we will tell you as soon as we are able and resume the service as soon as we can. If we cannot perform the service within a reasonable time, we can cancel it.
18.7 If a Court or other body says that any part of these Terms and Conditions is unenforceable, the rest of them will stand.
18.8 If either you or we need to give formal notice to the other it must be done by email to the address that each of us gives to the other from time to time.
18.9 These Terms and Conditions contain the entire understanding between us.
THE SCHEDULE – Definitions
We, our, us means Portfolio Cars Limited (trading as Portfolio Cars), a limited company registered in England & Wales, whose registered office and trading address is at 13 Grosvenor Gardens, Belgravia, London, SW1W 0BD and whose company number is 00484213 and portfoliocars.com.
Site means www.portfoliocars.com.
Your, your means you, a visitor to the Site or the person making the Booking.
Booking means any booking or reservation made using the Site.
Booking Confirmation means our confirmation of your Booking which we provide for you to download from the Site and which you can exchange for a Voucher.
Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.
Desk means any of the desks we operate at the series of locations which can be found on the Site.
Group means any group on whose behalf you are making a Booking.
Information means the information we are required to provide set out in Schedule 1 of the Regulations.
Regulations means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Service Provider means the entity supplying the services you wish to obtain by using the Site.
Stops means any occasion when you ask the driver of the vehicle to stop so that you can collect/drop off a passenger or carry out your personal business.
System means the system or systems we use in connection with the Site.
Terms and Conditions means these terms and conditions.
User means any person, firm or company using the Site for any purpose.
Venue means the venue/attraction/tour for which the Booking has been made.
Voucher means the voucher, ticket, docket or other document enabling you to obtain the services referred to in a Booking from the Service Provider.