Terms & Conditions
Our terms & conditions are detailed below
These terms and conditions apply to the contract between you (the Customer) and GTC when it provides car services to you, these terms and conditions are divided into 5 sections, as follows:
– SECTION 1 – terms and conditions relating to our account services only
– SECTION 2 – terms and conditions relating to our non-account services
– SECTION 3 – terms and conditions relating to our network bookings
– SECTION 4 – terms and conditions relating to all services.
– SECTION 5 – explanation of pricing or how to obtain pricing and charging information for each of our services.
– SECTION 6 – terms and conditions relating to data protection.
– SECTION 7 – additional provisions specific to liability limits for courier and parcel car services
Green Tomato Cars Limited (GTC) has company number 05276431 and its registered address is Suite 3.05, QWest, 1110 Great West Road, Brentford, TW8 0GP.
Please read these terms and conditions carefully. Your application to register an account and your continued use of the Website and/or our App will constitute your acceptance of these terms and conditions.
GTC ACCOUNT Bookings ONLY
1.1. In order to make bookings on account with GTC, you need to open an account using our account application form.
1.2. Your account application form, once filled in and sent to GTC is an offer from the Customer to enter into a contract with GTC for the provision of the Services on an account basis. A contract will be concluded only upon issue by GTC to the Customer of written confirmation that the application has been accepted.
1.3. GTC reserves the right in its absolute discretion, and without giving reasons, to reject an account application and to decline to enter into a contract.
1.4. A contract shall only be concluded on the terms and conditions contained in this Section 1 and Sections 3 and 4 of these terms and conditions. The contract shall be personal to both parties and absolutely non-assignable.
1.5. The Customer shall notify GTC of any change in the information provided on your account application form. Alterations take effect on the date of the email from GTC to the Customer confirming changes have been made.
2.1. Unless agreed otherwise, no bookings will be accepted by GTC unless the Account Number or other agreed account security information is quoted. The Customer is responsible for ensuring that the Account Number or other agreed account security information is kept confidential and secure and that it is not disclosed to any unauthorised person. GTC is entitled to assume that any person who correctly quotes the Customer’s name and Account Number or other agreed account security information has authority to make the booking on behalf of the Customer.
2.2. The Customer is solely responsible for safeguarding the confidentiality of such information and shall be liable for the cost of all bookings made by any such person whether or not in fact authorised by it. GTC does not accept any liability for any unauthorised access to an account arising from a Customer’s failure to comply with clause
3.1. Unless agreed otherwise, invoices are issued monthly to the address and relevant person indicated on the account application form. Each invoice only covers bookings up to the tax date stated on it.
3.2. Settlement in full is due 30 days from the invoice date.
3.3. GTC reserves the right to charge interest on unpaid accounts at the base rate of Lloyds TSB Bank Plc plus 4% accruing on a daily basis and compounded on a six-monthly basis from the due date until full settlement. For companies that settle by invoice, we reserve the right to charge a late settlement fee of 5% of the amount of the invoice, should your invoice not be paid in accordance with the payment terms of your account.
3.4. Account Customers paying monthly by individual credit card are invoiced on the first working day of the month and have 14 day payment terms and are debited on the 15th of every month. Account Customers paying weekly by individual credit card are invoiced and debited on the first working day of the week following travel. Account Customers paying daily by individual credit card are invoiced and debited on the first working day following travel.
3.5. The Customer shall pay to GTC any reasonable expenses (including those charged by any debt collection agency) together with all legal and court costs incurred in the collection of any overdue payment and the minimum charge in this respect shall be £10.
3.6. Pre-authorised payment can be set up by direct debit using the direct debit mandate provided with the application form, or by providing relevant credit card details.
3.7. Queries must be notified in writing to GTC within 30 days of receipt of the invoice after which date the Customer shall not be entitled to dispute the amount shown save for manifest or gross error.
3.8. Any deposit paid in connection with your account may be forfeit in the event of ongoing late payment of invoices.
GTC Non-Account Bookings
1.1. When you make a non-account booking with GTC, GTC is acting as an agent between you and the driver. GTC offers your booking to a driver and when he accepts it, a contract is formed between you and the driver. That contract is subject to these terms and conditions.
1.2. In consideration for the driver carrying out your journey, you will pay that driver either directly by giving him cash or indirectly via GTC’s credit card payment mechanism.
1.3. Drivers may on occasion require cash payments to be made before a booking is undertaken.
1.4. Cash and credit card bookings are not subject to VAT unless the driver carrying out your booking is VAT registered, in which case VAT will be charged in addition to the fare.
GTC NETWORK BOOKINGS
3.1 Network bookings (Network Bookings) are passenger service bookings fulfilled by a third party private hire company (the Fulfillment Partner) and which will generally be in relation to journeys occurring in the UK outside London or internationally.
3.2 In the case of Network Bookings, GTC acts as the disclosed agent of the Fulfillment Partner for the purpose of arranging and agreeing Network Bookings between the Fulfillment Partner and the Customer. This means the Fulfillment Partner enters in a contract as principal with the relevant Customer on, and subject to, these terms and conditions.
3.3. GTC will inform you when a booking for passenger services will be carried out by a Fulfillment Partner.
CONDITIONS APPLYING TO ALL OF GTC’S SERVICES
The terms and conditions contained in this Section 4 shall apply to the Services and bookings provided by GTC, and as a result apply in all cases in addition to the relevant terms and conditions set out in Sections 1 to 3 above.
1. Extent of GTCs’ Liability
1.1. Any quoted pick up or journey times are best estimates only and whilst it uses reasonable efforts to convey passenger(s) to their destinations in the shortest possible time, GTC shall have no liability if a pick up or journey time exceeds any estimate given or otherwise exceeds the Customer’s or the passenger(s)’ expectations for whatever reason, nor shall GTC have any other liability to the Customer or the passenger(s) in connection with the time at which the passenger(s) reach or fail to reach the destination.
1.2. GTC shall only be liable for losses suffered by a Customer that are a direct result of a breach by GTC of these terms and conditions and, for the avoidance of doubt, GTC shall have no liability for any damage, loss, costs, claims or expenses (whether foreseeable or not) incurred or suffered by the Customer or the passenger(s) (other than in the event of death or personal injury) by virtue of eventualities or occurrences acts or omissions including on the part of the driver outside of the reasonable control of GTC.
1.3. It shall be for the Customer and/or the passenger(s) to ensure that valuable, unusual or any other items are covered by appropriate insurance. GTC cannot entertain any claim for loss of or damage to any such items.
1.4. If GTC cancels a booking it shall have no liability to the Customer or intended passenger(s) if it has used reasonable endeavours to fulfil the booking and to notify the Customer of the cancellation. In such an event, GTC may, with the Customer’s consent, arrange for an alternative car service provider to fulfil the booking on its behalf.
1.5. If you are a business customer, please note that in particular, GTC will not be liable to you for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
1.6. If you are a consumer customer you are only permitted to use the Website for domestic and private use, and not for any commercial or business purposes. GTC accepts no liability for any loss of profit, loss of business, business interruption, loss of business opportunity or any indirect or consequential loss or damage.
1.7. Any claim or complaint shall be notified by the Customer to GTC within 30 days of the date of the invoice containing the relevant booking for account bookings and within 30 days of the date of the journey for all non-account bookings.
1.8. Subject to the provisions of this clause 1 and except in the case of death or personal injury, GTC’ aggregate liability arising from or in connection with the provision of the Services to its Customers under these terms and conditions shall not exceed £500.
2. Your use of the Website and the App
2.2. GTC may update the Website from time to time, and may change the content of the Website at any time. However, please note that any of the content on the Website may be out of date at any given time, and GTC is under no obligation to update it.
2.3. GTC does not guarantee that the Website, or any content on it, will be free from errors or omissions.
2.4. There is no guarantee that the Website, or any content on it, will always be available or uninterrupted. GTC may suspend, withdraw, discontinue or change all or any part of the Website without notice and will not be liable to you if for any reason the Website is unavailable at any time or for any period.
2.6. We do not guarantee that the Website will be secure or free from bugs or viruses.
2.7. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
2.8. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
2.9. Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only and we have no control over the contents of those third party websites or resources.
2.10. You agree that by downloading the App or using the Website, you are bound by these terms and conditions.
2.11. GTC grants you a non-exclusive, limited, non-transferable licence to download, install and use the App for personal use only and you agree not to use it or any other technology provided by GTC in connection with the provision of the Services for any other purpose.
2.12. You must not license, assign, sell, distribute or in any way seek to benefit commercially from the Services provided by GTC or any technology provided in association with delivering the Services, unless you have received our written consent to do so.
2.13. You agree not to do anything that would interfere with, disrupt, maliciously attack or in any way damage any GTC technology, including but not limited to the Website, its booking and dispatch system or the App.
2.14. You are not permitted to reverse engineer or attempt to reverse engineer the App or any other technology provided by GTC in connection with the provision of the Services.
3. Your obligations
3.1. You agree:
3.1.1. To pay all charges arising out of your use of the Services which are in accordance with these terms and conditions, whether payment is by direct transfer, direct debit, cheque, credit card, debit card or cash;
3.1.2. Not to use GTC for any unlawful or illegal purpose and to comply with all applicable laws;
3.1.3. That all personal information provided to us in order to receive the Services is true, accurate and up-to-date;
3.1.4. Not to do anything to damage the reputation of GTC or any of its drivers;
3.1.5. To treat with respect and not be abusive or violent towards any GTC employees, staff or other customers;
3.1.6. Not to consume alcohol while in a car and we and/or the driver reserve the right to decline carriage to any person who, in our opinion, is intoxicated;
3.1.7. To be responsible at all times for your luggage and acknowledge that no liability is accepted for the loss or damage to any luggage that is transported;
3.1.8. To wear, and to ensure that the passenger(s) wear, a seatbelt at all times whilst travelling in our vehicles;
3.1.9. to indemnify GTC against any claims, costs, damages, losses, liabilities and expenses (including reasonable legal fees and costs) that arise out of or in connection with a breach of these terms and conditions, any applicable law or your use or misuse of the Website, the App and/or the Services;
3.1.10. That if you cancel a booking outside the time allowed you will be liable for and will pay the cancellation fee;
3.1.11. That if you, or another passenger travelling with you under your booking, soils or damages the car you will be liable.
3.1.12. that if your credit/debit card details are stored by GTC, it may charge cancellation or cleaning charges pursuant to clauses 3.1.10 and 3.1.11to that credit/debit card; and
3.1.13. GTC has the right to sub-contract services provided to nominated third parties.
4. Booking confirmation and cancellation
4.1. GTC may in its absolute discretion without liability and without giving reasons refuse to accept any booking.
4.2. All accepted bookings are confirmed at the time of the booking by one or more of the following methods – SMS, email, oral confirmation or the screen on the App. The Customer is liable for all applicable charges incurred from the time when the vehicle is assigned to the booking until completion of the assignment or, if sooner, cancellation.
4.3. Customers may cancel their bookings in the following ways:
4.3.1. For account and cash/card pre-book services, by calling the call centre, online or through the App; and
4.3.2. For cash/card ASAP services, bookings can only be cancelled through the App.
4.4. In the event of cancellation by the Customer or passenger(s), the Customer may be liable for cancellation charges which are set out in the extra CHARGES section. The liability of GTC in the event of cancellation is set out at clause 1.4 of this Section 3 (Extent of GTC’ Liability).
5. Subsidiary Accounts of the Customer
5.1. From time to time the Customer may wish to create additional (subsidiary) accounts to the original account for billing or service purposes. So long as the subsidiary accounts are billable to the legal entity stated on the Customer’s original agreement with GTC then no further formal applications are necessary.
5.2. These Terms & Conditions apply in all instances when GTC services are used regardless of whether the process of setting up Customer subsidiaries has been completed in full or not.
6. Alteration to these Terms & Conditions
GTC reserves the right to alter or vary these terms and conditions in any respect at its absolute discretion. Notice of a change of these terms and conditions will be deemed served to account customers by sending an email notifying them of the relevant alterations and the date upon which such alterations take effect. Notice of change of these terms and conditions will be deemed served to all other customers by the posting of a notice on the GTC website. We suggest that you print and obtain a copy of these terms and conditions for your records.
7. Intellectual Property Ownership
7.1. GTC (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, the App and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, the App or the Services.
7.2. These terms and conditions do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the App or the Services, or any intellectual property rights owned by GTC.
7.3. GTC’ name, logo and the product names associated with the App and the Services are trademarks of GTC or third parties, and no right or license is granted to use them other than to use our Services in accordance with these terms and conditions.
8. Termination of Account
8.1. Business and credit/debit card accounts are terminable by either party in writing on seven days’ notice at any time without any reason being given and may also with immediate effect be terminated by GTC without notice at any time if any amount is due and unpaid by the Customer.
8.2. GTC may suspend your access to the Services at any time without notice to you if we reasonably believe that you have breached these terms and conditions.
8.3. Upon termination of the account for whatever reasons all sums payable to or chargeable by GTC, or otherwise appearing on the Customer’s account, shall become immediately due and payable in full if not already due and payable.
9. No waiver
It is understood and agreed that any failure by us or you in exercising any right, power or privilege under these terms and conditions will not act as a waiver under this letter nor will any single or partial exercise of the right preclude any further exercise of any right, power or privilege.
If any part of these terms and conditions are found to be unlawful, invalid or unenforceable, that part shall be deemed to be deleted and the remaining terms and conditions shall not be affected and shall continue to apply in full.
11. Third party rights
No rights shall arise under or in connection with these terms and conditions to any person who is not a party to them.
The contract between you and GTC is personal to you and you may not assign your rights under these terms and conditions without our prior written consent.
13. Applicable Law
The laws of England and Wales apply to these terms and conditions and any dispute relating to the provision of services by GTC shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
PRICING AND CHARGES
5.1.1. Prices for our services can be obtained on request and will be provided automatically at the time of booking for App or online bookings. Journeys within the M25 are priced on fixed route basis between postal districts. Journeys involving a leg outside of the M25 will be priced on a minimum charge, plus mileage calculation, unless otherwise agreed.
5.1.2. We will review our prices from time to time and may vary them. We will advise account customers in writing before making any change to our prices which is higher than inflation (according to the Bank of England’s latest published rates).
5.2.1. Charges are applicable for each service type. Items and bases of charging include, but are not limited to:
5.2.2. A minimum fixed charge for every hiring.
5.2.3. A charge for waiting time over a set threshold will be applicable as detailed in the CHARGES section
5.2.4. In the event of a vehicle being soiled by a passenger, a ‘soiling charge’ will be applied. For details please see our CHARGES section
5.2.5. Cancellation charges as set out in our Cancellation Policy. For details please see our CHARGES section
5.2.6 From Monday 8th April 2019 we will be applying a Clean Air Charge. For details please see our CHARGES section
5.2.7. An administration charge of 5% will be charged to your account if you choose not to pay by Direct Debit
5.2.8. VAT as appropriate.
5.3. GTC may offer free journeys, discounts and other credits as part of marketing promotions. In the event that GTC reasonably believes that a credit has been obtained fraudulently, illegally or in violation of these terms and conditions, it can in its sole discretion remove the credit from your account.
5.4 Couriers – Cancellation & waiting time charges
COA: Standard bike £7.20; Priority Motorbike £18.50; Small Van £19.50; Parcel Car £17.50; Priority Small Van £40.00; Transit van £52.00; LWB/Luton £52.00 Cancelled: 120 minutes prior to the collection time.
Waiting time (per hour): Standard bike £39.00; Priority Motorbike £51.00; Small Van £39.00; Parcel Car £39.00; Priority Small Van £51.00; Transit van £51.00; LWB/Luton £51.00 First 9 minutes and 59 seconds is free for the courier to wait. Once he or she has been there for 10 minutes, the full 10 minutes is then chargeable.
It is the customer’s sole responsibility to ensure the named contact is available to accept delivery at the delivery destination. Any additional charges incurred due to the failure of the named contact to be available to accept delivery at the delivery destination will be for the customer’s account.
Important Note about Parcel Car services
Where Parcel Car service is booked (or required to be used due to unavailability of the booked Courier service) and it is not possible for the driver to deliver to the named contact at the delivery destination, we will attempt to contact the booker to make alternative plans. If no such plans have been made within 10 minutes of the driver arriving at the delivery destination, the driver will return the parcel to Green Tomato Cars operations centre in Brentford, and we will notify the booker accordingly. Any additional stops and mileage will be charged at the prevailing rates for the Parcel Car service booking.
Similarly, where Parcel Car service is booked (or required to be used due to unavailability of the booked Courier service), any parking and waiting charges will apply as for Standard Car services.
DATA PROTECTION, PRIVACY AND COOKIES
GTC is committed to protecting and respecting your privacy, and this section explains how GTC collects, stores and uses personal data. Under the Data Protection Act 1998, GTC is the data controller.
6.1. Data Protection: Data types that GTC may collect and store are as follows:
6.1.1. Personal and company information that may be provided by the customer, via a telephone call, website or from the mobile platform, for booking and use of GTC services. This includes but is not limited to, the customer and/or passenger name, home/work addresses, telephone numbers, email addresses, and details of journeys you have taken with GTC including times and location data.
6.1.2. All correspondences and transactions may be recorded for future transactions between GTC and the customer.
6.1.3. Phone calls to GTC may be recorded for quality and training purposes. This includes but not limited to enquiries, bookings, complains and or sales/accounts information.
6.1.4. Website and booking platforms collect cookies to distinguish customers on the websites. The customer can block cookies by activating the setting on the browser.
6.1.5. The GTC booking app uses location-tracking technology. When you use one of our location enabled services, we may collect and process information about your actual location. The customer can turn off location services within the device, by doing so certain services may not be available.
6.1.6. The data is stored on secure servers with encrypted backups. All enquiries on data retention, requests for or removal of personal data must be sent to email@example.com.
6.2.1. GTC will not disclose Customers personal information unless and only to the extent, and in such manner, as indicated in these terms and conditions, or as required by any law or regulatory body.
6.2.2. GTC uses the Customer’s personal information to provide the company’s services both internally and to the Customer. The Customer’s information may be used to inform the Customer of any changes or updates and generally where we reasonably believe that to contact you will enhance your experience of our service.
6.2.4. All data is encrypted and stored on secure servers. All replications and backups are encrypted and secure. Unfortunately, the transmission of information via the intranet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site or our app; any transmission is at your own risk.
6.2.5. If you have already registered with GTC and would no longer like to receive updates or the promotional information as described in clause 7.4 above , just click on the unsubscribe link in the last email you have received.
6.2.6. For journeys paid for by credit card, you agree that GTC may carry out pre-authorisation checks on the credit card and in the event that such checks fail, GTC has the right not to provide you with the Services.
ADDITIONAL PROVISIONS SPECIFIC TO LIABILITY LIMITS FOR COURIER AND PARCEL CAR SERVICES
7.1 Limitation of Liability
7.1.1 Except where the Customer has specifically requested us to arrange insurance prior to commencement of transit of the consignment in question (the “Consignment”), we or our sub-contractor (in either case, “Carrier”) shall not be liable for any loss, mis-delivery or damage to livestock, cash, jewellery, furs, watches, precious metals, stones, bullion and the like, non-ferrous metals, scrap, explosives and similar articles.
7.1.2 Carrier shall not be liable in respect of any loss, mis-delivery of or damage to any Consignment as a result of any:
18.104.22.168 force majeure event which shall mean any circumstance beyond the reasonable control of the Carrier, (including, without limitation, act of God, outbreak of hostilities, riot, civil disturbance, acts of terrorism, the act of any government (including refusal, customs checks or revocation of any license or consent) fire, explosion, flood, power failure, failure of telecommunication lines, fuel shortage, any strike, lock out or other form of industrial action);
22.214.171.124 seizure or forfeiture under legal process;
126.96.36.199 act, omission, or misrepresentation by the Customer, owner of the Consignment, Consignee or independent contractor;
188.8.131.52 inherent liability to wastage in bulk or weight, defect or inherent defect, natural deterioration or fragility of the Consignment (notwithstanding that it may be marked “Fragile”);
184.108.40.206 insufficient or improper packing, labelling or addressing unless it is previously agreed in writing that the Carrier shall undertake such task; or
220.127.116.11 marine risk
7.1.3 Carrier shall not in any circumstances be liable for loss or damage to the Consignment after transit is deemed to have ended, whether or not caused or contributed to by Carrier.
7.1.4 Carrier shall not in any circumstances be liable for any loss or damage where there has been fraud on the part of the Customer, owner of the Consignment or consignee, unless the fraud has been contributed to by Carrier or its employees acting in the course of their employment.
7.2. Liability for Loss and Damage
7.2.1 Unless otherwise agreed in writing, Carrier’s liability for loss of or damage to any Consignment shall be limited to:
18.104.22.168 a maximum of £100 per Consignment for sameday service within Great Britain except for when the sameday service delivery is via one of our approved sub-contractors, where the principal carrier’s maximum liability is £100; or
22.214.171.124 the maximum liability for any item carried by pedal cycle or motor cycle is £100 for loss or damage howsoever caused.
126.96.36.199 the declared value of the Consignment or three times the charge payable to us for International or Overnight services, whichever sum is the lesser, subject always to a maximum liability of £100,
whether or not such loss or damage was due to Carrier’s fault or negligence, its employees, and agents or otherwise. If the Customer wishes to arrange a higher level of insurance in respect of any Consignment, then it should notify us and we may be able to arrange this at an additional charge to the Customer.
7.2.2 Where the mis-delivery, loss or damage is only in respect of part of the Consignment, Carrier’s liability shall be limited to the actual value of that part or the proportion of the sum calculated under paragraph 7.2.1, which that part bears to the value of the total Consignment, whichever is the lower.
7.2.3 Carrier shall in no circumstances, except in respect of death or personal injury caused by its negligence, be liable for any consequential, special or indirect loss or damage costs, expenses or other claims whatsoever (whether for loss of profit or otherwise and whether due to Carrier’s negligence or that of its employees, agents or otherwise) which arise out of or in connection with the supply of Carrier’s services.
7.2.4 In the event of any claim for loss or damage of a Consignment or part of it, the Customer shall provide us written proof of the value of the Consignment damaged or lost and we shall be entitled to inspect the damaged Consignment.
7.2.5 Carrier shall only be liable for loss or damage occurring within Great Britain. For journeys outside Great Britain, liability shall be restricted to the amount of cover provided by the international agent or carrier chosen at our (or our subcontractor’s) absolute discretion. Details of such cover shall be provided to the Customer upon request.
7.3. Time Limits for Claims
Carrier shall not be liable for loss of, mis-delivery or damage to any Consignment unless notified by the Customer of such loss or damage in writing within 7 days of the end of the transit and the claim giving details of the value and the circumstances of any loss is made in writing within 14 days after the end of transit. A claim for loss or damage would not be accepted on a delivery note.
7.4. Indemnity to Carrier
7.4.1 The Customer shall indemnify us against:
188.8.131.52 all losses suffered by us (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and to other goods carried) as a result of any breach of these Conditions, fraud, error, omission, or misrepresentation by the Customer, owner of the Consignment or consignee;
184.108.40.206 all claims and demands made against us by any third party in excess of our liability under these Conditions;
220.127.116.11 all losses suffered by and claims made against us resulting from loss of or damage to property caused by or arising out of the carriage of Dangerous Goods; and
18.104.22.168 all claims made upon the Carrier by H M Customs and Excise in respect of dutiable goods consigned in bond, whether or not transit has ended or been suspended.