1.1 You are permitted to print and download extracts from the Site solely for your lawful, personal, non-commercial use on the following basis:
(a) no text, documents, graphics or other content on the Site are modified in any way;
(b) no graphics on the Site are used separately from accompaniesing text; and
(c) the Company's copyright notice and this permission notice appear in all copies.
1.2 Unless otherwise stated, the copyright and other intellectual property rights in all material and content on the Site (including, without limitation, text, images, web pages, sound, software (including code, interface and website structure), video, photographs and graphical images, and the look and feel, design and compilation thereof) are owned by the Company or its licensors. For the purposes of these Terms & Conditions, any use of extracts from the Site other than in accordance with paragraph 1.1 above for any purpose is prohibited. For the avoidance of doubt, you agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorised in writing by the Company or its licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share, make available to any person, or create derivative words of such material or content. If you breach any of these Terms & Conditions, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.
1.3 The Company is the owner and/or authorised user of all trade marks, service marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant to you any right, title, interest or licence to any such intellectual property accessed on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.
1.4 Subject to paragraph 1.1, no part of the Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
1.5 Any rights not expressly granted in these Terms & Conditions are reserved.
2 SERVICE ACCESS
2.1 While the Company endeavours to ensure that the Site is normally available 24 hours a day, the Company will not be liable if for any reason the Site is unavailable at any time or for any period.
2.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
3 VISITOR MATERIAL AND CONDUCT
3.2 You are prohibited from posting or transmitting to or from the Site any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world; or
(d) which is harmful in a technical sense (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3.3 You may not misuse the Site (including, without limitation, by hacking it).
3.4 The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 3.2 or 3.3.
4 LINKS TO AND FROM OTHER WEBSITES
4.1 Any links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
4.2 If you would like to link to the Site, you may only do so on the basis that you link to (but do not replicate) the home page of the Site, subject also to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Abba Dart logo;
(b) you do not create a frame or any other browser or border environment around the Site;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any Abba Dart trade marks displayed on the Site without express written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
4.3 The Company expressly reserves the right to revoke the right granted in paragraph 4.2 for breach of these Terms & Conditions and to take any further action it deems appropriate.
4.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 4.2.
5.1 Each registration is for a single user (which may be either an individual or company) only. The Company reserves the right to make it impermissible for you to share your user name and password with any other person or with multiple users on a network.
5.2 Responsibility for the security of any passwords issued rests with you.
6 ELECTRONIC COMMUNICATIONS
When you visit the Site or send emails to the Company (for example, emails to Customer Service) via the Site, you are communicating with the Company electronically. The Company may communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This paragraph does not affect your statutory rights.
In addition to paragraph 4.4, you will indemnify the Company against any loss, damage or cost incurred by the Company arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify the Company against any claims that information or material which you have submitted to the Company is in violation of any law or in breach of any third party rights (including, without limitation, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). The Company reserves the right to exclusively defend and control any claims arising from the above and any such indemnification matters. You agree that you will fully cooperate with the Company in any such defences.
8.1 While the Company endeavours to ensure that the information on the Site is correct, the Company does not warrant the accuracy and completeness of the material on the Site. The Company may make changes to the material on the Site, or to the products, services and prices described in it, at any time without notice. The material on the Site may be out of date and the Company makes no commitment to update such material.
8.2 The material on the Site is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Site on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have an effect in relation to the Site.
Abba Dart always try to run a reliable service, however, sometimes cars cannot arrive at the time a customer has booked, for reasons beyond our control. If your car is running late, please contact our office immediately on 020 8300 1982 and we will do our best to tell you why your car is late and advise you approximately the time the car is due to arrive. Abba Dart will endeavour to book details correctly, however, we will not be held responsible for any misunderstandings during telephone bookings between the booking clerk and the customer resulting in late arrival of the vehicle, incorrect vehicle type or non arrival due to a cancelled booking. Abba Dart will occasionally in rare circumstances sub-contract bookings out to other London LICENSED Private Hire Operators to ensure the booked journey is completed. This only occurs if the Abba Dart Booking Centre have operational difficulties beyond there control which are rare but can sometimes occur. Abba Dart is an agency for self-employed drivers and therefore will not be held responsible for drivers activities outside our control. Abba Dart rent drivers satalite navigation systems to assist in gaining information of collection of customers and the location of the destination required. Abba Dart will not be held resposible for the drivers actions when useing this equipment. Bookings for children. It is a policy of Abba Dart not to accept bookings for unaccompanied children under the age of 15 years of age. However, we will always send a driver to collect a stranded child if this is the case. If, for any reason a customer has cause for complaint against a driver they shoud firstly contact the Abba Dart control on 020 8300 1982 or write to us at:- Abba Dart, 2A Sidcup Hill, Sidcup DA14 6HH and in nearly all cases the complaint can be dealt with to our customers complete satisfaction. If, however you feel that Abba Dart did not handle your complaint satisfactory you can contact :- The Public Carriage Office, 15 Penton Street, London N1 9PU who is our licensing body. Details of Abba Dart and all licensed private hire operators can be found at www.tfl.gov.uk
10 AIRPORT PROMOTION OFFER FEBRUARY TO OCTOBER 2010
Abba Dart Airport Transfer promotion will run from Febuary to October 2010. This promotion will include a voucher of 50p off local journeys and £2.00 OFF a journey to any UK airport. This promotion does NOT APPLY FOR COLLECTIONS FROM ANY UK AIRPORT. The customer must produce a completed voucher to the driver.
11 DRIVERS RECEIPTS
Abba Dart is a booking agency and we act as agents for the drivers ( the principles) and therefore the following terms and condition apply. If you require a receipt for your journey, we must advise you that drivers are self employed and not vat registered. Therefore, any receipt given for cash or credit card payment will not include vat or have vat added. Account work carried out on behalf of Abba Dart Limited will have VAT added at the applicable rate.
12.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Site) and any other of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, whether in tort (including, without limitation, negligence) contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing of the Site or your downloading of any material from the Site or any websites linked to the Site.
12.2 Nothing in these Terms & Conditions shall exclude or limit the Company's liability for (i) death or personal injury caused by negligence, as such term is defined by the Unfair Contract Terms Act 1977; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
12.3 If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
13 PRICE TARIFF
Abba Dart up to date price tariff can be found on this website under PRICE LIST.
14 CREDIT CARD BOOKINGS
The credit card booking is taken from the customer by Abba Dart Ltd on behalf of the driver. Abba Dart Ltd will charge a handling administration charge. Abba Dart will despatch a driver to carry out the booked journey. Abba Dart cannot refund any fare if the booking is cancelled under 4 hours prior to the time of the booking journey pick up time as the driver would have been allocated this job. Abba Dart will record the contract order between the customer and Abba Dart to establish fault and if required will forward a copy of this recording to the customer or any other relevant party.
15 ENTIRE AGREEMENT
16 GOVERNING LAW AND JURISDICTION
These Terms & Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms & Conditions shall be subject to the exclusive jurisdiction of the English courts
17 ABBA DART INTERGRATED POLICY STATEMENT
The Integrated policy of Abba Dart, has been developed to control the provision of a private hire car service for the carriage of people and light goods. thus enabling the organisation to provide a high quality professional service to it’s client base, working within those clients own guidelines and specifications, and complying with all legal obligations, and any other requirements that the company may adhere to. The company will achieve this by operating the Company’s IMS inline with the requirements of ISO9001:2008, ISO14001:2004. The company aim to understand and respond to the needs of it’s clients and the community they serve, where applicable, in a sustainable way. It is the objective of the management system to enable continuous improvement and at all times to prevent pollution and operate in a safe and responsible manner, in turn improving the effectiveness of the management system and client service offered. All personnel are trained in the operation of the management system. All incidents where the specified requirements are not achieved, be it customer complaint, health and safety accident or environmental incident are reported investigated and rectified promptly. The performance of the Management System will be compared against the objectives of the organisation at the company’s management review meetings. All staff are responsible for safeguarding their working environment and the natural environment by following defined procedures, standards and good practices, together with reporting any deficiencies to line management. The Senior Management , are responsible for implementing this policy and arrangements for quality, health safety, and environmental management in their respective areas of responsibility. They must:
• provide sufficient resources for effective implementation of the policy
• ensure that environmental responsibilities are assigned to appropriate staff members
• provide information on key aspects of performance at business/site level for internal use
• develop improvement programmes and monitor their implementation The Managing Director and Quality and Environmental Manager are responsible for the day to day management of the system, responsibilities include;
• periodic reviews and audits of facilities and activities to ensure compliance with this policy
• monitoring developments in health safety, and environmental issues that impact on the company providing support and advice on all matters relevant to its operations
• promoting workable procedures and encouraging initiatives to implement this policy
• keeping staff and other relevant stakeholders informed of the efforts to improve its performance
• interpreting and implementing this policy, and advising on updating it as required.
Prav Mengar Managing Director May 1st 2010