These terms and conditions constitute the entire Agreement concerning the provision of an Ezmoov transport service (“Service”) between you and Ezmoov Limited. Completion of the booking form and use of the Service indicates your unconditional acceptance of the terms and conditions set out in this Agreement.
1. DEFINITIONS AND INTERPRETATION
“Account” means a Customer account which has been opened by Ezmoov Limited in respect of a particular Customer and which is identified by way of a confidential security password (the “Customer Account Password“) created by the Customer and under which Ezmmov Limited extends various payment options to the customer that enables such Customer to make payment for the services rendered(or as otherwise agreed under the Account agreement).
“Account Booking” means a Booking that is made through an Account.
“EZMOOV ” means Ezmoov Limited (or such of its subsidiaries or associated companies which provides Services to Customers under these Terms).
“Ezmoov Cancellation Fee” means the sums payable by a Customer for the cancellation of a Ride Booking by the Customer as set out in, and in accordance with, Clause 5 below.
“App” means a Booking made on the Ezmoov mobile application.
“Booking” means a booking made by a Customer for Services, howsoever communicated to us, as evidenced by our records.
“Business Day” means a day (excluding Saturdays, Sundays and public holidays), which is also a day on which banks are open for the conduct of banking business.
“Card Payment” means payment in relation to a Booking by any means other than by cash, including but not limited to credit card, debit card, mobile wallet;
“Charges” means the charges: (i) shown at the end of a trip on the App; (ii) communicated to the person making the Booking; or (iii) for certain Account Bookings, the price calculated in accordance with charge rates agreed between Ezmoov and the Customer (in each case as applicable).
“Contract” means a contract, which includes journey details, for the provision of Services to Customers in respect of either: (i) Account Bookings (where the Customer contracts with Ezmoov);
and (ii) Non-Account Bookings (where Ezmoov acts as a disclosed agent of the Driver to arrange the Services and the Customer contracts directly with the Driver as principal) in each case on the terms and conditions (as may vary from time to time) notified to the Customer either at the time of making the Booking or as part of the process of opening an Account. Each such Contract shall incorporate these Terms.
“Customer” and “You” means any person(s), firm or company which books Services.
“Destination Address” means the address stated by the Customer at the time of making the Booking as the address to which the Vehicle shall deliver the Customer, any Passengers or the Goods.
“Driver” means any person who drives a Passenger Vehicle or Courier Vehicle.
“Ezmoov Express” means a vehicle used for the carriage or delivery of Goods.
“Goods” means any goods transported by us pursuant to a Contract.
“Minors” mean children of less than 14 years of age.
“Passenger(s)” means the Customer and such persons who the Customer shall authorise and/or permit to make use of the Passenger Services by travelling in a Passenger Vehicle. By agreeing to or using the Services, each Passenger agrees to be bound by these Terms.
“Passenger Services” means the transportation of Passengers (together with any applicable luggage or bicycle) by a Passenger Vehicle.
“Pick-Up Address” means the address stated by the Customer at the time of making the Booking as the address from which the Vehicle shall pick the Customer, any Passengers or the Goods.
“Price List” means the list maintained by us of certain of our Charges relating to the Services from time to time, a current copy of which can be obtained on request.
“Priority Account” means an Account designated as a ‘Priority Account’ by Ezmoov.
“Ride” means any vehicle (including a motorcycle adapted for Passenger Services) used for the carriage of Passengers.
“Services” means: (i) Courier Services; (ii) Passenger Services; and (iii) any other services agreed in writing between us and the Customer from time to time.
“Terms” means these terms and conditions, as amended from time to time.
“Vehicle” means a Passenger Vehicle or a Courier Vehicle.
“Waiting Time Charge” means per minute charge.
“Writing” and “Written” means any written communication including email and SMS.
2. BOOKING TYPES
2.1 Account Bookings
2.1.1 Prior to making any Account Booking, the Customer must first open an Account with Ezmoov. The Customer must keep its secret Customer Account Password confidential.
2.1.2 When making any Account Booking, the Customer must quote its Customer Account Name and password. If the Customer fails to do so, we shall not be obliged to perform the Booking and may, at our discretion, treat the Booking as a Non-Account Booking.
2.1.3 We shall be entitled to treat any Account Booking made quoting the confidential Customer Account Password as duly authorised by the Customer and the Customer shall be liable in respect of all Charges relating thereto.
2.1.4 In consideration of performance of Services in relation to Account Bookings, the Customer shall pay the Charges, and any applicable VAT (without set off or deduction), as invoiced by Ezmoov instantly and within the agreed payment period for Corporate Account Users (or such shorter period as we in our absolute discretion notify to you) of the date of an invoice (the “Due Date”).
2.1.15 We shall invoice all our Corporate Customer each month in respect of Services performed in relation to Account Bookings during the previous month or at such other intervals as may be agreed by the parties in writing. A statement detailing the Services rendered and any discounts applied will accompany each invoice.
2.1.16 In the event of non-payment of any Charges by the Due Date, we shall be entitled to charge and the Customer shall pay interest at a rate of 10% per month on any amount outstanding until payment is made, both before and after any judgement.
2.1.18 Any dispute in respect of the Charges shall be submitted, in writing, within 14 days of receipt by the Customer of the relevant invoice.
2.1.19 When an Account is terminated, by any means whatsoever, the Customer shall pay to us all outstanding Charges which are owed to us as at the date of termination.
2.1.20 In respect of an Account Booking, Customer contracts with Ezmoov for Services.
2.1.21 If a Customer opts in to use the settings portal the Customer accepts full liability for all changes and/or restrictions placed on its Account and the Customer irrevocably acknowledges and agrees that all changes and restrictions placed on its Account are made at its sole discretion and at its own risk.
Ezmoov shall be entitled to assume that all changes and/or restrictions made to an Account by a Customer have been authorised by the Customer and Ezmoov accepts no liability whatsoever for any costs, losses, damages or liabilities suffered by a Customer as a result of a change or restriction placed on an Account via the settings portal. The Customer shall indemnify Ezmoov against all liabilities, costs, damages, claims and losses suffered or incurred by Ezmoov arising out of or in connection with any changes and/or restrictions placed on an account using the settings portal.
2.2 Non-Account Bookings
2.2.1 In the case of Non-Account Bookings, we act as the disclosed agent of the Driver for the purpose of arranging and agreeing Non-Account Bookings between the Driver and the relevant Customer. This means that the Driver enters into a Contract as principal with the relevant Customer on, and subject to, these Terms.
2.2.2 In consideration of the provision of Services in relation to Non-Account Bookings, the Customer must pay for the Services either directly to the Driver by way of cash or by way of Card Payment, which will be processed by a third party payment processor on the Driver’s behalf.
2.2.3 In respect of Card Payments, we will issue the Customer with an email confirmation/receipt for the booked journey amount quoted by us prior to the start of the journey. If any additional charges fall due by the Customer in accordance with these Terms, We will send to the Customer a final receipt within 1-2 days of the relevant journey, detailing all such additional charges. Such final receipt shall replace the earlier confirmation. In the event that there are no such additional charges, the original confirmation shall serve as the Customer’s receipt.
3.1 You shall be responsible for your behaviour in the vehicle during the journey. You will be charged a fixed to cover cleaning costs in the unlikely event of the vehicle being soiled by you!
3.2 Eating, drinking and/or smoking in the cars are not permitted.
3.3 All children travelling during the journey should be restrained in a manner appropriate. Suitable child seats should wherever possible be supplied and fitted by the child’sparents.
3.4 Ezmoov Rides will not carry more passengers than permitted.
If you need to cancel your booking, please contact Ezmoov as soon as possible. If you cancel a booking after 5 mins the Ride has been dispatched then a charge may be incurred; the charge will be based on the distance/time that the allocated driver has travelled/spent prior to the point of cancellation.
5.1 Ezmoov shall use all reasonable endeavours to get you to your destination on time, but shall not be liable for any loss due to delays caused by road or traffic conditions beyond its control on the journey. Under no circumstances shall Ezmoov be liable (in contract, tort or otherwise) for any loss of profits, business or for any indirect or consequential loss whatever.
5.2 Ezmoov shall be entitled to cancel all services and provide refunds in the event of a declared emergency, riot, war, fuel shortage, extreme weather or other circumstances beyond its control. If the car breaks down during your journey Ezmoov will endeavour to arrange an alternative car to complete the journey as soon as practicable.
5.3 Neither party excludes or limits its liability for death or personal injury caused by negligence, or for wilful default or fraudulent misrepresentation, or otherwise in any manner unenforceable by any applicable law.
Ezmoov will refuse or terminate any booking with immediate effect if it places any driver or vehicle at risk of damage, violence or abuse by you or by any passenger in your party and we will ask all passengers to vacate the vehicle as soon as it is safe to do so. No refunds will be given if the journey is terminated part way through the hire.
7.1 Ezmoov may change these terms and conditions at any time by posting changes online. Please review these terms and conditions regularly to ensure that you are aware of any changes.
7.2 Ezmoov shall store, process and use all information regarding your personal details in accordance with the requirements of the Data Protection Act.
7.3 This Agreement and any accompanying quotation represents the entire agreement between you and Ezmoov in relation to its subject matter. If there is any discrepancy between the terms of this Agreement and the quotation, the terms of this Agreement shall prevail.
7.4 No third party shall have the right to enforce any rights under this Agreement except where otherwise agreed in writing.
This Agreement shall be construed in accordance with Common law and you and Ezmoov each agree to submit to the exclusive jurisdiction of the Courts in respect of any dispute or claim arising out of or in connection with this Agreement.