Glasgow Coach Drivers Service License Contract
1. General Terms
1.1. This contract (“Contract”) was developed and approved by the company limited by shares Glasgow Coach Drivers LTD hereinafter referred to as the “Licensor”.
1.2. This Contract is an adhesion contract. By joining it in the manner specified in part 2, a party hereinafter referred to as the “Licensee” accepts its terms in full without any reservations or exceptions. If the Licensee disagrees with any of the provisions in this Contract, the Licensee may not use the Service. In case that the Licensor has made any changes to this Contract in the manner provided for in clause 1.3, with which the Licensee disagrees with, the Licensee must stop using the Service.
1.3. The Licensor may amend this Contract with an immediate notice provided to the Licensee. The new version of this Contract comes into force from the moment of its posting on the Internet at .
1.4. In this Contract, the following terms are used in the following meanings:
Acceptance – adoption by the Client the conditions of a transfer set in the Offer, sent by the Client to the Licensee through the Glasgow Coach Drivers Service.
Application – the Client’s request sent to the Service to search for the Carrier (operating with a car, bus or other motorized road vechicle) for conducting a transfer of passangers (which includes off-sized luggage, sporting equipment, etc.) with obligatory references to the place, date and time of departure, destination, number of passenger seats, number and size of the luggage sent to the Service.
The Client is a passenger, sender and other person or entity interested in transportation services provided by the Licensee, who has send an Application via the GetTransfer Service.
The Licensee is a legal entity, an individual entrepreneur or an individual whose main business activities lay within transportation services.
The Glasgow Coach Drivers Service (the “Service”) is a software that distributes information about the received Clients’ Applications to the Licensees, which allows the Licensee to send the Client an Offer for the provision of transportation services, and the Client to accept this Offer.
The Glasgow Coach Drivers Service Database – a set of Applications organized at www.chauffeur-hire-glasgow.com web-page and mobile application GetTransfer, belonging to the Service.
The No Show Event (the “No Show”) is a situation when a Client has ordered the Transfer but did not show at an agreed place of the Transfer at the time of the Transfer nor within 45 minutes after start time of the Transfer.
The Offer is the offer of the Licensee to transfer the Client on certain terms, sent by the Licensee in response to the Client’s Application through the chauffeur-hire-glasgow.co.uk Service.
Order – The Application for transfer made via the database of the Glasgow Coach Drivers Service and confirmed by the Licensee and the Client. The Order is considered formed after the Client accepts the Offer for the provision of transportation services by the Licensee.
Personal Account – a closed section of the Service accessible only by its owner (Licensee) and containing the information about the Licensee, Service user settings, history of the Orders accomplished using the Service, the information on Applications, etc. The Personal Account is also used for communications between the Licensor and the Licensee. Blocking of the Personal Accounts shall mean the unilateral termination of this Contract between the Licensor and the owner of the blocked Account.
The Transfer is a single private car transportation service that can be described by a minimum set of specific terms: the time when the service starts, the place where the service starts and the price of the service.
The Transfer Fee is the final cost of the transportation services rendered on the basis of the Client’s Application invoiced by the Licensee to the Client.
The User Contract is a Contract uploaded at https://chauffeur-hire-glasgow.co.uk/terms_of_use and setting out the terms on which the Client uses the Service.
1.5. The GetTransfer Service provides informational, technological and financial interaction between the Client and the Licensee, by sending the Clients’ Applications along with their contact information to then Licensees. The Service also transfers the funds paid by the Clients to the Licensees.
1.6. By entering into this Contract, the Licensee guarantees that he/she or the person entering into the Contract on his or her behalf (a representative) possesses the necessary legal capacity, as well as all the rights and authorities necessary and sufficient to conclude and execute the Contract in accordance with this Contract and the requirements of the EU.
1.7. The current version of the Contract is posted on the page of the Glasgow Coach Drivers Service website with the network address www.chauffeur-hire-glasgow.co.uk/glasgow-coach-drivers-service-license-contract.
2. Procedure for the Conclusion of the Contract
2.1. The Licensee is granted access to the procedure for concluding the Contract after the registration is made by authenticating the entered data (Name, Surname, etc.).
2.2 After completing the authorization procedure, the Licensee initiates the conclusion of the Contract by sending via an e-mail or posting to the web-site of a scan copy of an Application signed by the authorized person and sealed by the Licensee’s seal (if applied) to the e-mail address specified on the website in the form of Exhibit No. 1 to this Regulation.
2.3. The Application is deemed to an irrevocable offer sent by the Licensee for the conclusion of the Contract.
2.4. All documents/notices placed by the Licensee are recognized as genuine, integral, equivalent to the paper documents/notices that are certified by the handwritten signature of the person entitled by Licensee and sent to the GetTransfer Service. Licensee is fully responsible for providing complete and undistorted information to the Clients and the Licensor.
2.5. The contract concluded in accordance with the procedure established by this Contract shall come into effect from the moment of its acceptance by the Licensor and shall be valid until terminated by either party.
3. Scope of the Contract
3.1. Under this Contract, the Licensor grants to the Licensee a non-exclusive right to use the Glasgow Coach Drivers Service, and the Licensee is obliged to pay the Licensor a license fee in accordance with the terms of this Contract.
3.2. In case of consent to carry out transportation on the specified parameters, the Licensee sends to the passenger a proposal of transportation services and the cost of transportation through the personal cabinet.
3.3. If the passenger agrees to the conditions offered by the Licensee, the passenger confirms the order.
3.4. The Client transfers the full price or prepayment (as agreed between the Client and the Licensee, but not less than 30 percent of the total cost) for the Transfer Fee to the Licensor, and the Licensor, before the 15th day of the month following the reporting month, transfers the Transfer Fee to the Licensee reduced by the amount of the license fee.
3.5. Licensee shall file any claims related to the provision of transportation services directly to the Client and resolve disputes with passengers independently without involving the Licensor.
3.6. The Licensee has the necessary permits and licenses for the transportation of passengers and baggage and carries all the risks associated with the absence of these documents.
3.7. The Licensee agrees to receive advertising messages from the Licensor. The Licensee has the right to refuse receiving advertising messages via the website www.gettransfer.com
4. Procedure for Granting Access to the GetTransfer Service Database
4.1. After the conclusion of the Contract, in order to gain access to the personal account, the Licensee must be authorized at www.chauffeur-hire-glasgow.co.uk in the “entry for the carrier” section, using as the login the e-mail address to which Licensee will receive notifications of new Applications and the password to identify as user.
4.2. After entering the Personal Account the Licensee must complete the Profile section by specifying the Company Name, Contact Email Address, Main Telephone Number, Registered Address and Company Description.
4.3. In the Personal Account the Licensee shall provide details on the license for passenger transportation execution (Your License), and shall attach a PDF or JPEG files containing the high quality scanned license, as well as complete the Your transport license number field and the Issuing Authority of your Transport License field.
4.4. The Licensee shall guarantee the reliability of information required to conclude the Contract with the Service. In case amendments are introduced to information referred to in paragraphs 7.1 – 7.3, the Licensee shall immediately notify the Service thereof by updating the information contained on his personal account.
4.5. Information being uploaded by the Licensee to his Personal Account shall be made available for the Clients to select a potential carrier.
5. Rights and obligations of the parties
5.1. The Licensee agrees and undertakes:
5.1.1. To perform the duties provided for this Contract in appropriate way.
5.1.2. In case of any claims to the Service, send them within 5 (five) working days from the moment they were discovered.
5.1.3. To provide the Licensor with comments and explanations related to the implementation of this Contract within 5 (Five) working days from receipt of the relevant request of the Licensor.
5.1.4. To carry out transportation independently without involving third parties.
5.1.5. To carry out transportation in strict accordance with the passenger’s Application.
5.1.6. Not to disclose or otherwise transmit identification data (login and password) to third parties, except for the Licensee’s entitled employees.
5.1.7. To track the changes to this Contract daily on the www.gettransfer.com website.
5.1.8. To follow the legislation and the rules of transportation when carrying out transortation of passengers and baggage.
5.1.9. In case of partial payment of the License Fee, not to demand and not to accept any money form the Client as the full payment before the end of the Transfer.
5.1.10. To wait for the Client not less then for 45 minutes from the Transfer’s starting time.
5.1.11. To immediately notify the Licensor about the No Show Event by any means guaranteeing the Licensor’s receipt of such notification.
5.1.12. To keep and provide to the Licensor upon demand documental or audio-visual proofs of the No Show Event.
5.1.13. To carry out the Transfer in any circumstances except for the confirmed event of force majeure in case of the Client’s Acceptance of the Offer.
5.1.14. Not to engage into any relations with the Client sectretly from the Licensor with the aim of avoid the payment of them License Fee.
5.2. The Licensee has the right:
5.2.1. To use the Service in accordance with the terms of the Contract.
5.2.2. To address the Licensor for the clarifications about the work of the Service.
5.2.3. To file claims and challenge the Licensor’s decisions including the decision to terminate this Contract, to the firstname.lastname@example.org e-mail address.
5.3. The Licensor agrees and undertakes:
5.3.1. To grant to the Licensee access to the Service in accordance with the terms of this Contract.
5.3.2. To ensure the transfer of information about orders of passengers in the personal account of the Licensee or by e-mail at the appropriate time.
5.3.3. To ensure the transfer of the Client’s money to the Licensee, subject to fulfillment by the Client of the obligation to pay the Transfer Fee, until the 15th day of the month following the reporting one.
5.4. The Licensor has the right:
5.4.1. To keep its License Fee from the amount transferred by the Client.
5.4.2. To receive comments and explanations from the Licensee in relation to the use of the Service and discharge of other obligations under the contract.
5.4.3. To send advertising messages to the Licensee.
5.4.4. To demand form the Licensee payment of a penalty according to the clause 9.1. of this Contract.
5.4.5. To terminate this Contract unilaterally (to block the Persona Account) in case of the repeating breach of one or several provisions of this Contract.
6. The License fee and Payment Procedures
6.1. For the right to use the Service, the Licensee undertakes to pay a fee of 10% of the cost of every Transfer Fee to the Licensor.
6.2. The abovementioned License Fee shall be subtracted by the Licensor from the amount of the Transfer Fee sent by the Client to the Licensee under the User Agreement.
7. The No Show Event
7.1. In case of a No Show Event the Licensee shall immediately notify the Licensor and take steps to record the fact of a No Show through documents, audio or video files or other means of confirming the fact of this occurrence.
7.2. The ways in which the No Show fact can be recorded include (but not limited)
•Message logs (including telephone o computer screenshots)
•Parking receipts and other documents that allow to confirm the fact of the Licensee’s presence during a certain period of time.
7.3. In case of a No Show the Licensor wires the Transfer Fee to the Licensee in the following proportions:
•Half of the funds received – in case Client had transferred 30% of the Transfer Fee
•70% of the funds received – in case the Client had transferred 100% of the Transfer Fee
7.4. The rules for the wiring of the Transfer Fee set in the article 7.3. of this Contract also apply to the event of the Client’s cancellation of the Transfer within 24 hours before the Transfer start time (according to article 3.4. of the User Agreement).
8. Liability of the Parties
8.1. Each of the Parties shall compensate the other party for damages caused by the failure to fulfill or improper fulfillment of its obligations.
8.2. Unless otherwise provided by law, the Party, which fails to fulfil or improperly fulfils its obligations in conducting the business activities, shall bear responsibility, unless it proves that the proper fulfillment was impossible due to force majeure. Such circumstances shall not be applied, inter alia, to breach of obligations on the part of the debtor counterparties, lack of goods required for operation in the market or lack of required funds with the debtor.
8.3. Compensation for damages shall not relieve the Licensee of the obligation to pay the penal sum in accordance with paragraph 6.1.
9. Penalty as a Fine
9.1. The Licensee shall pay penalty for every case of breach of the articles 5.1.5., 5.1.6., 5.1.8., 5.1.9., 5.1.10., 5.1.13. and 5.1.14 of this Agreement.
9.2. The penalty under this Contract shall be:
•For breach of the article 5.1.13 of this Contract – the sum of the Transfer Fee.
•For breach of all the other articles listed in article 9.1. except for the article 5.1.13. – 100 Pounds Sterling or its equivalent in the currency used in the place of the Licensee’s residency or place of operations.
9.3. The payment of penalty shall not prevent the Licensor from unilaterally terminating this Contract and vice versa.
10. Restricted Regions
10.1. The Licensee hereby agrees that he/she will not use the Service to perform Transfers or other business activities in the following regions:
11. Force Majeure
11.1. The parties shall be relieved from responsibility for partial or complete failure to fulfill obligations under the present Contract, in case it appeared to be the result of force majeure circumstances (fire, flood, earthquake, other natural disasters and military activities); and in case these circumstances directly affect execution of the present Contract.
11.2. The term of execution under the present Contract shall be extended proportionally to the time period, during which such circumstances are registered. In case such circumstances last for more than 2 months, each of the Parties shall be entitled to cancel further fulfillment of its obligations under the present Contract without any right of compensation for possible damages.
11.3. The Party, which faces inability to fulfill its obligations under the present Contract, shall immediately, but not later than 1 day, notify the other Party on the commencement and cessation of circumstances preventing the Party from fulfillment of its obligations.
11.4. Existence of the given circumstances shall be confirmed by a reference (references) prepared by the authorized bodies or organizations.
11.5. The absence of notification or untimely notification of the of force majeure circumstances shall deprive the Party of the right to refer to them.
12. Modification and Termination of the Contract
12.1. The Contract can be terminated by any party upon condition that all financial obligations are implemented.
12.2. Blocking of Licensee’s personal account by the Licensor is a proper notice of the Licensor’s intention to terminate the contract unilaterally.
12.3 The independent deletion of one’s account by Licensee is a proper notice of Licensee’s intention to terminate the contract unilaterally.
13. Dispute resolution procedure
13.1. Prior to filing a claim arising under the Contract, the Party, which considers its rights to being violated (hereinafter referred to as the Interested Party) shall undertake to present to the other Party a written justified claim.
13.2 The claim shall contain the Interested Party demand and its justification indicating the legislation norms and terms and provisions of the Contract vioated by the other Party. The claim shall be accompanied by copies of documents confirming the circumstances stated therein.
13.3. The Party, which received a claim, shall undertake to examine it and within seven (7) business days to present a written justified response to the other Party.
13.4. In case the response is not received within the specified time period or the Contract arises to the response, the Interested Party shall be entitled to apply to the court.
13.5. All disputes shall be referred to the following City Court of glasgow.
14. Final provisions
14.1. Business correspondence, reports, invoices, certificates, notifications, notices and other correspondence submitted by the Parties to each other within the frames of conclusion, execution, cancellation or termination of the present Contract shall be made in writing and presented by letter and / or transmitted by facsimile, as well as by e-mail, accompanied by further delivery of the original letter.
14.2. The following documents contain the integral part of the present Contract:
•Exhibit No. 1: Partner’s Application for Conclusion of the Contract.
15. Licensor’s Details
Glasgow Coach Drivers limited
114 lunderston drive, Glasgow, G53 6BS
Bank of Scotland
po box 2000 edinburgh
GB70 BOFS 8022 6011 6597 60