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Terms and Conditions of Service.

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These terms and conditions apply to all service provided by 69 City Transport Ltd (the “Operator”).

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Definitions and Interpretations:

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Following the Divisional Court’s ruling given on 6 December 2021, in order to operate lawfully under the Private Hire Vehicle (London) Act 1998 (the 1998 Act), a licensed operator who accepts a booking from a passenger is required to enter as principal into a contractual obligation with the passenger to provide the journey which is the subject of the booking. The operator therefore must be legally responsible for the provision of the journey (or transportation services), meaning:  

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  • The operator shall accept bookings from passengers, rather than anyone else doing so.

  • The operator shall take responsibility for the journey from point A to point B, rather than anyone else doing so.

  • The booking must be carried out in a London Licensed PHV (or taxi) driven by a London licensed driver.

  • The booking must be carried out for a fare which was either agreed or for which an accurate estimate was provided in advance.  

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1.1 In these Conditions:

  • “The Company”, “The Operator”, “We”, “Us”, or “Our” refers to 69 City Transport Ltd (xxxxxxx), trading as as DEEKELI, who is a licensed operator under the Private Hire Vehicles (London) Act 1998, accepts bookings from Passengers and assumes the contractual obligation as the principal party to provide the journey that is the subject of the booking.

  • "These Conditions" means the standard terms and conditions of service set out in this document and includes any special terms and conditions agreed in writing between the Passenger and the Company.  

  • "The Passenger" means the person who accepts a quotation or offer from the Company for the provision of Services or whose booking is accepted by the Company.

  • "The Contract" means the contract for the provision of transport services under these Conditions.

  • "The Service" means the service of transport of the Passenger between the agreed Pickup Point and Destination Points (including any instalment of the service. ) 

  • "TfL" means Transport for London, the regulatory body for transport in London.

  • "Regulation 9(14)" refers to Regulation 9(14) of the regulations governing private hire vehicle operations as may be updated or superseded from time to time.

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1.2 – 1.3 Interpretations

  • 1.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted, or extended at the relevant time.  

  • 1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

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·       2. Conditions of Service

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  • 2.1 We shall provide, and the Passenger shall purchase, the Service in accordance with any quotation, agreed fare, or offer made by Us  which is accepted by the Passenger, or any booking of the Passenger which is accepted by  Us. These Conditions shall govern the Contract to the exclusion of any other terms and conditions.

  • 2.2 A contractual agreement will only come into being upon our acceptance of booking. The passenger accepts these terms and conditions by placing a booking with Us via, but not limited to, online booking, phone call, email booking, and WhatsApp.

  • 2.3 The Contract will be subject to these conditions. We reserves the right to revise these terms and conditions at any time without prior notice at our sole discretion. Any revised terms will be posted on our website (www.deekeli.co.uk) and will come into effect 1 hour after posting.

  • 2.4 No booking submitted by the passenger shall be deemed to be accepted Us unless and until confirmed in writing ( via email, text message, telephone) by an authorised representative of the Company.

  • 2.5 The specification for the Services shall be those set out in our sales documentation unless varied expressly in the Passenger’s booking (if accepted by Us).

  • 2.6 We reserves the right to make any changes in the specification of the Services required to conform with safety or regulatory requirements which do not materially affect their performance.  

  • 2.7 In entering into the Contract, the Passenger acknowledges that they do not rely on, and waives any claim for breach of, any representations not confirmed in writing by Us.  

  • 2.8 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of Us and the Passenger.  

  • 2.9 Sales literature, price lists, and other documents issued by Us are subject to alteration without notice and do not constitute formal offers.  No contract shall be binding  until We have issued a quotation or accepted a booking by:  

  • 2.9.1  Written acceptance from Us, or

  • 2.9.2 Delivery of the Service.

  • 2.10 Any typographical or clerical errors in any sales literature, quotation,  or invoice issued by Us shall be subject to correction without any liability on our part.  

  • 2.11 The fare for the Service shall be the fare agreed upon at the date of acceptance or such other fare as may be agreed in writing.

  • 2.12 We reserves the right, by giving notice to the Passenger at any time before delivery, to increase the fare to reflect any increase in the cost to Us due to factors beyond our control (such as alteration in booking specifications, Passenger delays, failure to provide adequate information).

  • 2.13 A maximum waiting time of 10 minutes for address pickups and 60 minutes for airport pickups will be allocated after the agreed pickup time has expired. Upon non-contact with the Passenger after this period, the booking will be classified as a “no-show” and will be subject to cancellation fees in clause 4.4.

  • 2.14 All payments made in any form other than cash (pounds sterling) to  Us  for the provision of Service and on any confirmed booking  will not incur any booking fee.

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3. Terms of Carriage

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3.7 The Company is committed to complying with the Equality Act 2010. We ensure that all passengers, including those with disabilities and their assistance dogs, are carried and treated with fairness and respect. Assistance dogs are permitted to accompany passengers at all times in all of our vehicles.

3.8 Non-assistance pets are also permitted in our vehicles, provided they are appropriately secured in a carrier or harness and are not of a banned or illegal breed. For further inquiries regarding our pet-friendly policy, please contact us at: info@deekeli.co.uk. We reserve the right to refuse carriage of any pet if it poses a risk to the driver or the vehicle.

3.9 In instances where unaccompanied luggage is transported, you agree to defend, indemnify, and hold the Company, its owner, and the driver harmless from all claims, demands, causes of action, damages, liabilities, costs, and expenses (including legal fees) arising from or related to your acts or omissions in connection with your use of the Service and omissions in relation to Clause 3.6.

3.10 In instances where unaccompanied luggage is transported, we will use our best endeavours to deliver the luggage to the exact destination booked. If the driver is unable to obtain a signature for the receipt of luggage upon delivery, the driver is authorised to return the luggage to our head office, where storage and additional delivery costs may be incurred.

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4. Cancellation Policy

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4.1 We offer free cancellation on all bookings. However, we encourage customers to cancel their booking as soon as possible if plans change.

4.2 To cancel a booking, customers must notify us via phone, email, or WhatsApp at the earliest possible time before the scheduled pickup.

4.3 In the event of a pre-paid booking cancelled in accordance with Clause 4.2, any payments made will be fully refunded within 5 business days after the cancellation is processed. Refunds will be issued using the same payment method used for the original transaction.

4.4 No-Show Fee: If a passenger fails to show up at the agreed pickup point at the scheduled time and does not notify us of their cancellation prior to the scheduled pickup, a no-show fee equivalent to the full fare of the journey may be charged.

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5. Our Responsibility and Liability

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In accordance with the Divisional Court ruling on 6 December 2021 and to operate lawfully under the Private Hire Vehicles (London) Act 1998, the Company, as the licensed operator, acknowledges that upon accepting a booking, we enter into a direct contractual obligation as the principal party to provide the journey.

As the operator, we assume full responsibility for all liability related to the transportation services rendered under accepted bookings. This includes, but is not limited to:

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5.1 Passenger Safety: We will ensure all journeys are conducted safely and in compliance with all relevant regulations, accepting liability for incidents occurring during the transportation of passengers.

5.2 Risk Management: We implement risk management practices to minimize potential liabilities, including regular vehicle maintenance and safety checks, and ensuring all drivers are trained in accordance with TfL guidelines.

5.3 Insurance Coverage: We maintain comprehensive insurance coverage that meets or exceeds TfL requirements.

5.4 Clear Communication: These Terms and Conditions outline our liability as the operator, ensuring passengers are informed of their rights and our responsibilities.

5.5 Incident Reporting: We maintain procedures for reporting and addressing incidents during a journey to ensure transparency and accountability.

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6. General Applications

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6.1 The Company shall not be liable to the passenger or be deemed in breach of contract by reason of any delay or failure to perform our obligations if the delay or failure was due to any cause beyond our reasonable control, including but not limited to:

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6.1.1 Acts of God, explosion, flood, tempest, fire, or accident.

6.1.2 War or threat of war, sabotage, insurrection, or civil disturbance.

6.1.3 Acts, restrictions, regulations, byelaws, or measures of any kind on the part of any governmental or local authority.

6.1.4 Traffic accidents, hold-ups, or congestion.

6.1.5 Strikes, lockouts, or other industrial actions.

6.1.6 Flight delays or cancellations.

6.1.7 Power failure or breakdown in machinery, including computer systems.

6.2 If Clause 4.4 applies, we shall be entitled to charge the passenger the full fare of the journey.

 

6.3 Passenger Undertakings:

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6.3.1 The passenger shall regard as confidential the Contract and all information obtained relating to the business or services of the Company and will not disclose such information to any third party without our prior written consent.

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7. Miscellaneous

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7.1 No waiver by the Company of any breach of the Contract shall be considered a waiver of any subsequent breach.

7.2 If any provision of these Conditions is held to be invalid or unenforceable, the validity of the other provisions shall remain unaffected.

7.3 The Contract shall be governed by and construed in accordance with the laws of England and Wales, and subject to the exclusive jurisdiction of the courts of England and Wales.

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