APPLICABILITY AND ACCEPTANCE
- These Terms and Conditions constitute the full agreement between the PARTNER (also referred to “you” as the driver) and REGALSTEER LIMITED. (company number 12680255) and PASSENGER TRANSPORT SERVICES LIMITED. (company number 14602385) and / or its Booking system named Regalsteer, hereinafter as PROVIDER or PASSENGER TRANSPORT SERVICES LIMITED, in relation to the PROVIDER offering Passenger Transport Services through its booking system via www.regalsteer.com Please review these Terms & Conditions carefully before you accept them.
- “Booking System” means the Regalsteer booking software developed and offered by Regalsteer to enable User to book Driver Services in accordance with these Terms. “Booking Request” means a Passenger Transport Booking Request in the case of Passenger Transport Services.
- “Cancellation Fees” means the cancellation fees set out in clause 8.
- “Disbursements” means the disbursements set out in clause 8.
- “Driver” means a natural person or legal entity providing Passenger Transport
- Services. All Drivers are licensed and certified in accordance with all applicable (local) laws and regulations and also drive vehicles licensed and certified in accordance with all applicable (local) laws and regulations.
- “Drop-Off Location” means location specified by User in the Booking Request: a) where Driver is required drop off a Passenger in the case of a Passenger Transport Services.
- “Passenger” means the natural person (who may be the User or another individual) who is the subject of the Passenger Transport Service.
- “Passenger Transport Booking Request” means the User’s request via the Booking Service for a Driver to perform the Passenger Transport Service, setting out details of the desired Pick-Up Time, Pick-Up Location, Drop-Off Location and any other information required by the Driver relating to the requested Passenger Transport Service.
- “Passenger Transport Booking Request” means the User’s request via the Booking Service for a Driver to perform the Passenger Transport Service, setting out details of the desired Pick-Up Time, Pick-Up Location, Drop-Off Location and any other information required by the Driver relating to the requested Passenger Transport Service.
- “Passenger Transport Booking Request” means the User’s request via the Booking Service for a Driver to perform the Passenger Transport Service, setting out details of the desired Pick-Up Time, Pick-Up Location, Drop-Off Location and any other information required by the Driver relating to the requested Passenger Transport Service.
- “Passenger Transport Service” means the private hire transportation of a Passenger from one location to another by a Driver in accordance with a Passenger Transport Booking Request and these Terms.
- “PHV Regulations” means any legislation, regulations and any other rules that apply to the performance of private hire services, including but not limited to the Private Hire Vehicles (London) Act 1998 and the Local Government (Miscellaneous Provisions) Act 1976.
- “PHV Regulations” means any legislation, regulations and any other rules that apply to the performance of private hire services, including but not limited to the Private Hire Vehicles (London) Act 1998 and the Local Government (Miscellaneous Provisions) Act 1976.
- “Pick-Up Location” means location specified by User in the Booking Request where Driver is required to: a) pick up a Passenger in the case of a Passenger Transport Services.
- “Pick-Up Time” means time specified by User, and confirmed by Driver, to collect: a) a Passenger in respect of the Passenger Transport Services, or b) Goods in respect of the Errand Services.
- “Pick-Up Time” means time specified by User, and confirmed by Driver, to collect: a) a Passenger in respect of the Passenger Transport Services, or b) Goods in respect of the Errand Services.
- “PHO” means Regalsteer Limited., a private limited company incorporated and registered in England and Wales with company number 12680255 whose registered office is at 7 Bell Yard, London, England, WC2A 2JR
- “Recipient” means in respect of the services the natural person (who may be the User or another individual) to whom Goods are to be delivered.
- “Transaction Fees” means the transaction fees set out in clause 8.
- “Transport Charges” means the transport charges specified in clause 8.
- “User” means private person or legal person (company) making use of the App.
- “Regalsteer” means Regalsteer Limited., a private limited company incorporated and registered in England and Wales with company number 12680255 whose registered office is at 7 Bell Yard, London, England, WC2A 2JR
COMPLIANCE WITH PHV REGULATIONS
- These general terms shall be amended to the minimum extent necessary to comply with PHV Regulations.
- PHO accepts a contractual duty of care to the User as the relevant Operator for all bookings made through the Booking System, and for completion of the associated trip.
- This does NOT mean, however, that either PHO or Regalsteer Limited (collectively “Regalsteer”) is in fact providing the transportation service itself. Regalsteer is not a transportation provider and works with all Drivers as independent contractors.
- For all other purposes outside of the specific requirements of the PHO Regulations, therefore, it is the Driver providing the transportation service to the User, and Regalsteer role is limited to that of:
– an intermediate technology platform, enabling a User to find a Driver through the Booking System;
– a payment collection agent, remitting each fare to the Driver minus a commission element for provision of an intermediary service
CONDITIONS OF USE
- User will not resell any Drivers Services offered via the App.
- User will not, nor allow third parties on User’s behalf to (i) make and distribute copies of the Booking System (ii) attempt to copy, rent, sub-license, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the Booking System; or (iii) create derivative works of the App of any kind whatsoever.
- Regalsteer reserves the right to amend or withdraw the Booking, or charge for the service or service provided to User in accordance with these Booking Terms, at any time and for any reason.
- User shall ensure that at all time it complies with and shall procure that each Passenger, Or Recipient complies with these Terms. Any failure to comply shall result in immediate suspension of the User’s right to access the Booking System and/or Driver Service. Further, to the extent the Driver considers that User, Passenger, Recipient is not in compliance with this Terms, it shall be entitled to cancel the provision of the relevant Driver Services and the provisions of clause 8.3 shall apply.
BOOKING PASSENGER TRANSPORT SERVICES
- Users may request Passenger Transport Services by submitting a Passenger
Transport Booking Request via the Booking System. - By submitting a Booking Request, User is offering to purchase Passenger Transport Services and/or Errand Services subject to these Terms. This does not mean the Booking Request has been accepted. A contract between the User and the Driver for the purchase of Passenger Transport Services and Errand Services will only be made when PHO accepts a Booking Request on behalf of the Driver in accordance with clause 6.3. PHO, as the holder of the relevant Private Hire Vehicle operator’s licence, acts as an agent on behalf of the Drivers and is authorised to accept and allocate Booking Requests on their behalf. The User acknowledges and agrees that although the PHO may accept and allocate Booking Requests via the Booking System, the Driver Services are provided by the Driver (and not by PHO or Regalsteer) and contracts for the Passenger Transport Services and Errand Services are made between the User and the Driver directly. A contract between the User and the Driver will be formed once PHO has allocated the Booking Request to a specific Driver and issued confirmation of the booking to User through the App in accordance with and subject to these Terms.
- Once the contract between the User and the Driver is formed, it may be cancelled by User at any time without reason by notifying the Driver directly or using the Booking System subject to payment of a Cancellation Fee and any applicable Transport Charges and/or Disbursements (and applicable Transaction Fees) in accordance with clause 8.
- The services provided by PHO through the Booking System include: (i) the acceptance of Booking Requests and allocating of each accepted Booking Request to a Driver; (ii) provision of the booking confirmation to a User before their journey start; (iii) keeping a record of each accepted Booking Request and remote monitoring of the performance of the Passenger Transport Services by a Driver; and (iv) receipt of and dealing with feedback, questions and complaints relating to the Driver Services, as well managing any lost property queries relating to the Driver Services.
- Access to and use of the Booking System for Driver Services is provided by Regalsteer to User free of charge although Transaction Fees may be charged in respect of the Errand Services. The Transport Charges for Driver Services provided by the Driver can also be found through contacting regalsteer on 0207 459 4483. These may be modified or updated from time to time. It is User’s responsibility to remain informed about the current rates applicable to the services made available through the Booking System.
PAYMENT
- Credit card payments only — Passenger Transport or Errand Services booked via the Booking System can only be paid by credit card. After the ride or upon delivery of the Goods, the set rate shall be charged automatically.
- Timing — Transport Charges, Disbursements, Transaction Fees and Cancelation Fees shall be charged automatically by Regalsteer, acting as an intermediary between Driver and User once Driver has confirmed that Services have been completed and/or Services have been cancelled using the credit card linked to the booking.
- Preauthorization — Regalsteer may pre-authorize User’s credit card to ensure that there are enough funds to pay for the booked ride.
- Payment processors
In order to charge set rates, Regalsteer uses services of third party
payment processors. Regalsteer is not responsible or liable for errors by these payment processors.
- No refunds
To the fullest extent permitted by law, all payments charged by Regalsteer are
non-refundable
RULES OF CONDUCT FOR PASSENGERS
User guarantees that Passengers will comply with the following rules and guidelines:
- No more than 4 (four) passengers in one vehicle (or 8 (eight) passengers for V-class).
- No smoking.
- No littering, eating or spilling of liquids.
- No distracting the driver from the road.
- No causing hazardous situations.
User shall be responsible for the cost of repair for damage to, or necessary cleaning of, Driver’s vehicles and resulting from the Driver Services in excess of normal “wear and tear” damages and necessary cleaning. In the event that a Driver reports the need for repair or cleaning via submitting to Wheely and to the User a photo or video proof of the damages or soiling, and such request is verified in Regalsteer reasonable discretion, Wheely reserves the right to facilitate payment for such repair or cleaning on behalf of the Driver using User’s payment method designated in User’s account. Such amounts will be transferred by Wheely to the Driver and are non-refundable. User will receive an email with a receipt evidencing that the amount charged is equal to the cost of cleaning or repair.
RESTRICTED AND PROHIBITED ITEMS
App may not be used for placing Errand Booking Requests for Good(s) that have not been approved by Regalsteer as eligible. “Excluded Good(s)” include:
- any good(s) which are radioactive, toxic, flammable, explosive, noxious or otherwise of an inherently dangerous nature;
- any good(s) that have an intrinsic value of over £300 unless that value has been notified to Regalsteer, in writing at the time of Errand Booking Request the Driver has agreed to undertake delivery thereof in writing and subject to User having arranged insurance for carriage thereof;
- any good(s), the possession of which is illegal or which it is illegal to export under the laws of England and Wales;
- any good(s) of a perishable nature that may deteriorate in transit unless agreed otherwise in writing by or on our behalf/on behalf of the Driver;
- any good(s) that are fragile and/or that are likely to be damaged in transit unless the precise nature of the good(s) has been notified to Regalsteer in writing at the time of making the Errand Booking Request and Driver has agreed to undertake delivery thereof in writing and subject to User having arranged insurance for carriage thereof;
- any bullion, precious metals, cash (coins or banknotes) precious stones, jewellery, antiques, works of art, livestock, animals, glass or part-glass items, marble, ceramics, security safes, pianos, house removals or perishable foodstuffs unless the precise nature of the good(s) has been notified to us, in writing at the time of making the Errand Booking Request and Driver has agreed to undertake delivery thereof in writing and subject to User having arranged insurance for carriage thereof
DATA PROTECTION AND PRIVACY
- Regalsteer guarantees its Users that personal data remains safe and private. Any personal data that User supplies to Regalsteer when using the App will be used by
- Regalsteer in accordance with its Privacy Policy
- For quality assurance and training purposes, Regalsteer may record telephone calls between Users and Drivers, as well as telephone calls between Users and customer support.
- Regalsteer does not store credit card data. Wheely holds PCI-DSS certification to ascertain this.
INTELLECTUAL PROPERTY RIGHTS AND LICENSE
- All trademark rights, copyright, database rights and any other intellectual property rights of any nature vesting in the website together with the underlying software code are exclusively owned by Regalsteer and/or its group of companies.
- Regalsteer hereby grants User a worldwide, non-exclusive, non-transferable royalty-free revocable licence to use the Booking System for business and personal use in accordance with these Terms.
LIMITATION OF LIABILITY
User acknowledges and agrees that Regalsteer and PHO only act as intermediaries, and does not provide the Driver Services itself. Consequently, to the fullest extent permitted by law, Regalsteer and PHO are in no event liable for any direct, indirect, punitive, exemplary or consequential losses or damages of whatsoever kind suffered or incurred by a user and/or recipient arising out of the actions or inactions of any drivers (including any failure by driver to perform the driver services) and/or traders. If user has any complaints regarding the actions or inactions of any driver(s) and/or trader, user shall consequently handle this with the driver and/or trader directly.
Neither is Regalsteer or Driver in any event liable for:
- the situation where Users mobile device is stolen and any third party subsequently makes use of User’s personal or corporate account;
- failure to meet any of Regalsteer obligations under these Terms where such failure is due to events beyond Regalsteer’s control (for example a network failure);
- any damage or alteration to User’s equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Booking System;
- in respect of the Errand Services, any loss or damage arising from any act or omissions of a Trader and/or receipt and/or subsequent use of the Goods.
- In no event shall Regalsteer aggregate liability for any and all claims arising out of the provision of Errand Services (howsoever caused whether by contract, tort (including negligence) breach of statutory duty or otherwise) exceed a) £300 or b) the original value of the affected Goods, whichever is lower.
- Nothing in these Terms shall exclude or limit Regalsteer’s liability for a) death or personal injury caused by Regalsteer negligence; b) fraud; or c) any other liability which cannot be excluded or limited under applicable law.
VARIATIONS
- For any complaints or questions regarding lost & found items, please mail us via info@regalsteer.com or report us via the chat function on the website
- These Terms and all non-contractual obligations arising in any way whatsoever out of or in connection with the Terms are exclusively governed by the laws of England and Wales. Any disputes or claims arising out of or related to these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.
- If any provision of these Terms shall be deemed unlawful, void or otherwise unenforceable, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Regalsteer may change the Terms at any time by posting a revised version on its website. Any change shall come into effect and be deemed accepted by the User if the User continues using the App after the revised version is posted.
DISPUTE RESOLUTION
- If the User has a complaint relating to these Terms, the Booking System or any services available through the website, Regalsteer will try to resolve the complaint using its internal complaints-handling procedure. Please contact Regalsteer by email at info@regalsteer.com, by telephone on +44 20 7459 4483 or by chat feature within the website.
- If the complaints-handling procedure is exhausted and Regalsteer has not been able to resolve the complaint, Regalsteer will provide the name and website address of an alternative dispute resolution (“ADR”) provider that would be competent to deal with the complaint. If the User makes a request for the dispute to be settled by ADR, Regalsteer will consider whether or not it wishes to participate in ADR but is not obliged by law to participate.
- The User may wish to use the online dispute resolution (“ODR”) platform to resolve the dispute, although Regalsteer is not obliged by law to participate in the process. The ODR platform was created by the EU Commission as a platform that allows consumers and traders to settle disputes relating to online purchases with the assistance of an impartial dispute resolution body. For more details, please visit the website on the “Your Europe” portal: https://webgate.ec.europa.eu/odr
- Regalsteers email address is info@regalsteer.com