Our Terms & Conditions...

 

“Account Booking” means a Booking that is made through an Account;.

“Airport Booking” means a booking made to or from any airport

“Agency Partner” means a third party private hire company.

“Agent” A driver or individual who is made and becomes principal in a contract for the basis of fulfilling or rendering the service to a Rider in any type of Account Booking.

“App” means the Monochrome mobile application.

“Booking” means a booking made by a Rider 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 clearing banks in the City of London are open for the conduct of sterling banking business.

“Card Payment” means payment in relation to a booking by any means other than by cash.

“Central London” means the areas defined as Zone 1 and Zone 2 for the London Underground as varied from time to time by Transport for London.

“Charges” means the charges: (i) shown in the Price List or other published literature; (ii) communicated to the person making the booking; or (iii) for certain Account Bookings, the price calculated in accordance with charge rates agreed between Monochrome and the Rider (in each case as applicable).

“Christmas Period” means between 00:01 hours on 24 December to 23:59 hours on 26 December, in any year, and from 00:01 hours on 31 December to 23:59 on 1 January, in any year.

“Collection Address” means the address stated by the Rider at the time of making the booking as the address from which the vehicle shall collect the customer, any passengers or goods.

“Contract” means a contract, which includes journey details, for the provision of Services to Riders in respect of either: Business Account Bookings (where the Rider contracts with Monochrome); and Personal Account Bookings (where Monochrome acts as a disclosed agent of the Driver to arrange the Services and the Rider contracts directly with the Driver as principal); and (iii) 3rd Party Bookings (where Monochrome acts as a disclosed agent of the Agency Partner to arrange the Services and the Rider contracts directly with the agency Partner 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.

 “Delivery Vehicle” means a vehicle used for the carriage or delivery of Goods.

“Delivery Services” means: (i) the carriage or delivery of goods in the UK; and (ii) the delivery of goods nationally or internationally.

“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.

“Direct Courier Services” means: (i) the carriage or delivery of goods in the UK; and (ii) the delivery of goods nationally or internationally.

“Driver” means any person who drives a Passenger Vehicle or Delivery Vehicle.

“Estimated Journey” An Estimated Journey is based on the initial quote provided to the rider for the purpose of the services rendered for the journey. This will be a minimum and maximum amount where the price of the journey will fall.

“Goods” means any goods transported by us pursuant to a Contract.

“London Postal Area” means the areas corresponding to the postcode areas for London, as varied from time to time by the Royal Mail.

“Minors” mean children of less than 14 years of age.

“Monochrome” is our trading name and is operated by the Monochrome Convoy Limited incorporated and registered in England and Wales with company number 09865072 whose registered office is at 14 woodlands road, London, E11 4rw

"Monochrome Cancellation Fee” means the sums payable by a customer for the cancellation of a passenger or delivery Service Booking by the Customer as set out in, and in accordance with, Clause 3.1.3 below.********************************

 “Personal Account Booking” means a Booking that is:

(i) made through a Personal Account; and

(ii) arranged by Monochrome who acts as an agency for the Driver and is fulfilled by a driver who is made principal in the contract.

“On Demand booking”means a booking that is booked in present time for the purpose of a booking as soon as possible or a booking made for now.

“Passenger(s)” means the Rider and such persons who the Rider 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.

“Passenger Vehicle” means any vehicle used for the carriage of Passengers.

“Price List” means the list maintained by us of certain Charges relating to the Services from time to time, a current copy of which can be obtained on request.

“Restricted Street” means any location subject to any parking law or regulation prohibiting any Vehicle waiting during prescribed hours.

“Rider” and “You” means any person(s), firm or company which books Services.

“Services” means: (i) Delivery Services; (ii) Passenger Services; and (iii) any other services agreed in writing or over the phone or App between us and the customer from time to time.

“Special Arrangement Account” means a Customer account which has been opened by Monochrome in respect of a particular Customer. The Monochrome Convoy Limited extends credit terms to the Customer enabling such Customer to pay on a periodic basis, based on statements of account provided by Monochrome (or as otherwise agreed under the Special Arrangement Agreement) and which may be designated as an Account. A special arrangement Account can only be opened on special arrangements with Monochrome where every account agreement may be different in terms of the length of agreed credit periods, loyalty discounts and credit limits. 

“Special Services” This is any Service that is offered to a Rider which can not be booked on demand and is requested due to inability to provide the needs immediately mainly because of the nature of the booking or due to its special requirements.

“Terms” means these terms and conditions, as amended from time to time.

“Van/Delivery Services” means: (i) the carriage or delivery of goods in the UK; and (ii) the delivery of goods nationally or internationally.

“Vehicle” means a Passenger Vehicle or a Delivery Vehicle.

“Waiting Time Charge” means £30 per hour payable in one minute increments.

“We”, “we”, “Our”, “our”, “Us” and “us” means: (i) in relation to Business Account Bookings, Monochrome (ii) in relation to Personal Account Bookings, the Driver performing the Services; and (iii) in relation to 3rd Party Bookings, the Agency Partner performing the Services.

“Writing” and “Written” means any written communication including email and SMS.

“Zone 1” means a postcode which is up to 9 miles as the crow flies from WC2.

“Zone 2” means a postcode which is 9 miles or more as the crow flies from WC2.

“3rd Party Booking” means a Booking:

(i) for Passenger Services; and

(ii) that is fulfilled by an agency Partner (which will generally be in relation to journeys occurring in the UK outside Central London or internationally).


1.      BOOKING TYPES 

1.1 Personal Account Bookings

1.2 In the case of a personal arrangement Booking, we act as the disclosed agent of the Driver for the purpose of arranging and agreeing a Booking 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.

1.3 Prior to making any Personal Account booking, a potential rider must first open a Personal account with Monochrome. The potential Rider must keep all credential to his/her account confidential.

1.4 The discounts applicable to Personal accounts shall only apply to the cost of the original journey and shall not apply to any additional charges incurred (such as deviations to the original journey).

1.5 Personal account customers are liable for the charges and fees that their account may incur.

1.6 Personal account customers shall be entitled to receive a discount codes per booking of a specified amount or percentage off, which will be detailed in the promotion for Passenger Services as well as Delivery services booked via Monochrome's mobile App or website.

1.7 In the event of non-payment of any Charges by the Due Date, we shall be entitled to charge and the Customer shall pay a late payment fee of 10% of the actual bill. We will then give the customer another 7 days to make payment. After which we will charge £1 per day the bill has not been paid.

1.8 Any dispute in respect of the Charges shall be submitted, in writing, within 14 days of receipt by the Rider.

1.9 When an Account is terminated, by any means whatsoever, the Rider shall pay to us all outstanding charges which are owed to us as at the date of termination.

1.9.1 In respect of an account booking, customer contracts with Monochrome for Services.

1.9.2 The Rider 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. Monochrome shall be entitled to assume that all changes and/or restrictions made to an Account by a Rider have been authorised by the Rider and Monochrome 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. The Customer shall indemnify Monochrome against all liabilities, costs, damages, claims and losses suffered or incurred by Monochrome arising out of or in connection with any changes and/or restrictions placed on an account.

1.9.3  In consideration of the provision of Services in relation to personal arrangement Booking, the Rider must pay for the Services either directly to the Driver by way of cash (selected cities only), or by way of Card Payment, which will be processed by a third party payment processor on the Driver’s behalf through the app. A personal arrangement account can be opened via our mobile customer app and a personal arrangement booking can be made on our mobile app.

1.9.4 In respect of all transactions, a receipt can be given to you by the driver. However, we can provide you a receipt for the journey via email if a receipt was not able to be provided at the end of the journey. We will issue the Rider with an email confirmation/receipt for the booked journey amount quoted by us prior at the start of the journey which would be an amount between the total estimate (Direct courier services may vary due to waiting time charge). If any additional charges fall due by the Rider please state this when requesting a receipt from us through our in app tool or on www.monochromecompany.com/request-reciept. In accordance with these Terms, We will send the Rider a final receipt within 1-2 days of the relevant journey, detailing all such additional charges. In the event that there are no such additional charges, the original confirmation shall serve as the Rider’s receipt.

1.9.5 3rd Party Bookings 

1.9.6 (where Monochrome acts as a disclosed agent of the Agency Partner to arrange the Services and the Rider contracts directly with the agency Partner 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. 3rd Party Bookings may be subject to further Terms & Conditions from The 3rd Party Agency.

1.9.7 Business Account Bookings (where the Rider contracts with Monochrome). Please note that terms regarding a Business account booking share the same terms as a Personal Account Booking.

1.9.8 “Special Arrangement Account” means a Customer account which has been opened by monochrome in respect of a particular Customer. The Monochrome Convoy Limited extends credit terms to the Customer enabling such Customer to pay on a periodic basis, based on statements of account provided by Monochrome (or as otherwise agreed under the Special Arrangement Agreement) and which may be designated as an Account. A special arrangement Account can only be opened on special arrangements with Monochrome where every account agreement may be different in terms of the length of agreed credit periods, loyalty discounts and credit limits.

 

  1. PASSENGER SERVICES

2.1 Passenger Services – Fees and Charges

2.1.1 The price quoted to the Rider at the time of making the Booking shall be calculated on the journey specified by the Rider at the time of Booking (the “Estimated Journey”). The price quoted by us shall be based upon our chosen route between the Collection Address and the Destination Address (via any other pick-up points or drop-off points stated by the Rider at the time of making the Booking). Where specific charge rates have been agreed by Monochrome for Bookings, the price quoted for Personal Account Bookings will be in accordance with such rates.

 

2.1.2 No charges shall apply to a Passenger Vehicle or Delivery vehicle Booking which You cancel within 5 mins of a Passenger Vehicle being allocated to Your Booking. If the driver has been allocated for more than 5 minutes, a cancellation fee will apply. Please see below different prices of cancellation fees for the different vehicle classes. On bookings for Passenger Vehicle Services as well as Van Services you may cancel at any time without charge if (i) for an “as soon as possible” Passenger Vehicle Booking the driver would have taken more than 5 minutes longer to arrive at the Collection Address than originally quoted; or (ii) in the case of a pre-ordered Booking the Driver would have arrived at the Collection Address more than 5 minutes later than the pre-booked arrival time.

2.2 Cancellation Fees Price list                                                              

2.2.1 Monochrome Economy £5

2.2.2 Monochrome 6XL £5

2.2.3 Monochrome 8XL £10

2.2.4 Monochrome SUV £10

2.2.5 Monochrome Business class £15

2.2.6 Monochrome Van/delivery £15

2.3 All bookings, passenger and Delivery Services shall be subject to cancellation fees set out in the Price List or otherwise communicated to You. 

2.3.1 In the event that the Customer or any Passenger (other than an unaccompanied Minor) requires us at the beginning of or during the course of the Quoted Journey to make any additional or alternative pick-up(s) or collection(s) of Passenger(s) or to drop off Passengers at any locations other than as specified in the Quoted Journey or to take any variation from the Quoted Journey or follow a route other than our chosen route, additional Charges may be applied by us. Any Passenger (other than an unaccompanied Minor) may amend the Quoted Journey by providing clear instructions to the Driver. We may (but we are not required to) obtain consent from the Customer for such amendment prior to agreeing the amending instructions.

2.3.2 We reserve the right to charge the Customer a surcharge for all journeys made during the Christmas Period, such surcharge will be communicated to the person making the relevant Booking

3. PASSENGER SERVICES

3.1 Passenger Services – General

3.2.1 We shall use reasonable endeavours to provide/assign a Passenger Vehicle which is in good working order and of the type specified by the Customer (and in the event that such a Vehicle is not available, a reasonable alternative vehicle) within any time for so doing given by us or within a reasonable time. Please take a look at our different types of vehicles before making a booking, especially details of how many passengers are permitted per vehicle as well as how many baggages it can carry as well as passengers including baggages.

3.2.2 Potential Riders must inform us at the time of making a booking if the Rider or any Passenger wishes to carry any domestic animals in any Passenger Vehicle. All domestic animals must be carried in a suitable locked box or cage, if appropriate and/or be suitably restrained. We reserve the right to cancel a Booking on arrival at the Collection Address if the above requirements are not met. This option will be to the discretion of the driver. Guide dogs are exempt from this requirement and are permitted to be carried in any Passenger Vehicle.

3.2.3 Passengers are not permitted to smoke in any Passenger Vehicle (including using Electronic cigarettes).

3.2.4 Passengers shall not play any musical instrument or broadcast recorded music in any Passenger Vehicle except with our written permission.

3.2.5 Passengers shall not consume alcohol in any Passenger Vehicle and we and the Driver reserve the right to decline carriage to any Passenger and/or require a Passenger to alight from a Passenger Vehicle who, in our opinion, is intoxicated.

3.2.6 The transportation of luggage in a Passenger Vehicle shall be permitted at our absolute discretion. Passengers shall remain responsible at all times for their luggage and/or bicycle and shall load and unload their own luggage and/or bicycle. Subject to clause 3.2.7, we may assist the Rider with the loading and unloading of his/her luggage and/or bicycle from the Passenger Vehicle, at the driver’s sole discretion.

3.2.7 We do not accept any responsibility for the loss of or damage to any luggage which is transported in a Passenger Vehicle. We accept loss or damage of a bicycle only in the event of an accident caused by the fault of the driver. We accept no liability for any loss or damage caused to a bicycle under any other circumstance. The Customer acknowledges and accepts that any luggage and/or bicycle stored in the Passenger Vehicle may move around during the journey and accordingly the Customer (and any Passengers) should take extra care when opening the luggage compartment of the Passenger Vehicle.

3.2.8 Passengers are required to comply with current customs laws and regulations and we shall not be responsible for any delays caused by any failure to comply with the same.

3.2.9 All Passengers are required to use seatbelts at all times.

3.2.10 We will not allow unaccompanied Minors of less than 12 years of age to travel alone in a Passenger Vehicle. In exceptional circumstances and subject to the parent/guardian’s consent we may allow Minors over the age of 12 to travel unaccompanied. When making a Booking for any unaccompanied Minor the Rider must inform us that an unaccompanied Minor will be travelling. We do not accept any additional responsibility for any Minor who travels unaccompanied in a Passenger Vehicle. This kind of Booking should be treated as a Special Service Booking.

3.2.11 We reserve the right to refuse to transport or cease to transport any Passenger who behaves in a disorderly, inappropriate (including excessive physical contact or display), threatening or abusive manner or who, in our absolute discretion, we consider a nuisance or a danger to our employees, agents, subcontractors or to fellow Passengers and may require such a Passenger to alight from a Passenger Vehicle and the Customer may be charged a Monochrome Cancellation Fee. We are committed to providing Services in accordance with the Equality Act 2010. We may assist any Passenger who is not capable of boarding and alighting a Passenger Vehicle unaided, at our sole discretion but at the Passenger’s risk.

3.2.12 We may charge reasonable repair or cleaning charges plus £50 representing loss of earnings for the Driver in the event of spillages in or in the event that any Passenger vomits in or otherwise soils, contaminates or damages a Passenger Vehicle.

3.2.13 We shall not be responsible for any property left by Passengers in any Passenger Vehicle. Where property is found in a Passenger Vehicle it will be stored by us for a period of 28 days and thereafter we shall be entitled to return, sell, destroy or otherwise dispose of such property as we, in its absolute discretion, see fit.

3.2.14 We do not transport bicycles. The only exception may be fold up bikes with may be placed in the boot of a passenger vehicle.

4.      DIRECT COURIER SERVICES – GENERAL

4.1 We shall use reasonable endeavours to deliver all Goods consigned for delivery to the delivery address given by the Rider within any time for so doing given by us or within a reasonable period of time

4.2 The Rider warrants to us that all Goods consigned for delivery are adequately packed and labelled with the details of the identity and the address of the party to whom they are to be delivered as well as the return address of the Rider.

4.3 The Rider warrants that, and a Driver may decline to accept or proceed with a Booking where he believes that, unless this is communicated at the time of the Booking, and are not of a shape or dimensions that is likely to make lifting or loading difficult. A Customer should not assist a Driver to lift or load the Goods and We are not, and the Rider is, liable for any injury or damage caused to themselves, the Goods or any other property or person by reason of the Customer assisting a Driver even where the Driver invites or agrees to the Customer’s assistance.

4.4 The Rider shall not consign for delivery and we shall not be required to undertake delivery of the following:

(i) Any Goods which are radioactive, toxic, inflammable, explosive, noxious or otherwise of an inherently dangerous nature;

(ii) any Goods that have an intrinsic value of over £1,000 unless that value has been notified to us, in writing through our Special Services function through the Monochrome App at the time of booking the Services and we have agreed to undertake delivery thereof in writing;

(iii) any Goods, the possession of which is illegal or which it is illegal to export under English Law or the law of any country to or through which delivery is to be made;

(iv) any Goods of a perishable nature that may deteriorate in transit;

(v) any Goods that are fragile and/or that are likely to be damaged in transit unless the precise nature of the Goods has been notified to us in writing at the time of making the Booking. Such booking with items of this nature should be made through our special Services function through our Customer App and we have agreed to undertake delivery thereof in writing; or

(vi) any bullion, precious metals, cash (coins or banknotes) precious stones, jewellery, antiques, works of art, livestock, animals or foodstuffs unless the precise nature of the Goods been notified to us via email at least 24 hours before the booking is scheduled to take place, in writing and we have agreed to undertake delivery thereof in writing.

4.5 Where the Rider consigns such Goods for delivery as are prohibited by clause 4.4:

(i) we shall be entitled to return, destroy or otherwise dispose of such Goods as we shall, in our absolute discretion, see fit and we shall have no liability to the Rider whatsoever in respect of such Goods howsoever arising, and

(ii) the Rider shall indemnify us in respect of all resulting costs, expenses and losses incurred by us.

4.6 We shall have absolute discretion in respect of any Goods consigned for delivery as to the means of delivery, route and method of delivery, handling, storage and transportation thereof unless agreed otherwise in writing. Delivery shall be complete when the Goods are delivered across the threshold on the ground floor of the Destination Address. Any Quoted Price shall not include negotiating stairs at either the Collection Address or the Destination Address.

4.7 We do not insure any Goods consigned for delivery. It is therefore the responsibility of the Customer to ensure that all Goods are appropriately insured. We accept no liability for any loss or damage to any Goods, subject always to clause 6.

4.8 Each delivery of Goods shall be accompanied by a delivery note which shows the date of the delivery and any other relevant information. Upon delivery of the Goods, the Rider, having had a reasonable opportunity to inspect the Goods, shall sign the delivery note as confirmation that the Goods have been delivered and that no damage has been caused to the Goods in transit. Where the Rider believes that the Goods have been damaged, the Rider should inform us without delay.

4.9 We shall not be responsible to pay any duty, tax or levy due or payable in delivering the Goods save where we have explicitly agreed this in writing at the time of accepting the Booking. Where we have paid any duty, tax or levy arising in delivering the Goods the Rider agrees to reimburse us these payments in addition to the Charges quoted for the Services.

4.10 An additional Charge may be levied for Bookings:

(i) performed after 7.00pm;

(ii) performed other than on Business Days; and/or

(ii) where Goods have a dimension exceeding 3ft h x 4ft w x 5ft l.

5.      GENERAL

Please note that clause 6 applies to all Passenger Services and all Direct Courier Services, whether performed in relation to All types of accounts with Monochrome. Special Services bookings and personal Account Bookings.

5.1 These Terms shall be incorporated in and form part of all Contracts for the provision of the Services. Bookings can be made through our website, by telephone or by using our mobile app. The media by which you are able to make a Booking constitute an invitation to treat and your Booking constitutes an offer to Contract for Services (to Monochrome, the relevant Driver or the agency Partner, as applicable) which Monochrome, the relevant Driver or the Agency Partner (as applicable) can accept (thereby creating a legally binding Contract incorporating these Terms):

(i) in relation to special services Bookings and personal Bookings, by issuing to you a Booking acceptance (in such form as we may determine from time to time); and

(ii) in relation to personal arrangement Bookings, by the Driver accepting allocation of the personal arrangement Booking and proceeding towards the Collection Address.

5.2 By accepting these Terms, you are also accepting the terms of our privacy policy, which can be found at https://www.monochromecompany.com/privacy-policy. Our privacy policy sets out details of how we use the personal information you provide to us. We only use your personal information in accordance with our privacy policy.

5.3 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.

5.4 Responsibility for the security of any passwords issued rests with you.

6.Other General

6.1 Each party acknowledges that it is not relying on any statements, warranties or representations given or made by the other whether actual or implied by common law or under statute in relation to the subject matter of any Contract and that it shall have no rights or remedies with respect to such subject matter otherwise than under the relevant Contract.

6.2 We shall be entitled to vary the Price List from time to time.

6.3 We shall be entitled to exercise a lien over any Goods or property belonging to any Passenger until we receive full payment of any Charges due to us.

6.4 We may, in our absolute discretion, decline to accept any Booking.

6.5 Any dates, periods or times specified by us in connection with the performance of the Services are estimates only and time shall not be of the essence for the performance by us of our obligations under the Contract. We make no warranty that any Passenger or Goods or property shall be delivered within the Rider stipulated time period (if any) and/or within any time period stated by us unless express reference is made to this clause 6.7 and agreed in writing by a director of Monochrome Convoy Limited.

6.6 Passenger(s) and any luggage or goods for transport by means of direct courier services and any personal items and all Goods shall be ready for collection at the time stipulated by the Rider when the Booking is made. If any there is any delay, please note that the booking will be subject to the charge waiting Time .Where the Collection Address is in a Restricted Street we will allow 2 minutes for loading. In respect of Restricted Street collections only, and in the event that all booked Passenger(s), and their luggage, have not boarded the Passenger Vehicle and all Goods have not been loaded on to the delivery Vehicle as the case may be within 2 minutes of the later of: (i) the arrival of the Passenger vehicle at the Collection Address; and (ii) the booked time for collection, we reserve the right to charge the Customer a Waiting Time Charge which will, for the avoidance of doubt, not include the first 2 minutes). Furthermore where the Collection Address is in a Restricted Street the Driver shall be entitled to leave the Collection Address and we shall endeavour to arrange with the Customer a revised collection time or location. If revised collection details cannot be agreed with the Rider we may treat the Booking as having been cancelled and charge a Monochrome Cancellation Fee. In respect of delivery Services only where neither the Collection Address nor Destination Address is a Restricted Street, we will allow a maximum of 120 minutes for loading at the Collection Address and 120 minutes for unloading at the Destination Address, making an aggregate of 240 minutes Please note that our waiting time charge of £0.50p per minute will start from as soon as the driver arrives at the destination till when all items are out of the vehicle and the vehicle has been unloaded), based on:

(i) the later of the arrival of the Delivery Services vehicle at the Collection Address; or the booked time for collection; and

(ii) the arrival time at the Destination Address

6.7 No delay or omission by either party in exercising in whole or in part any right, power or remedy provided by law or under the Contract shall affect that right, power or remedy; or operate as a waiver of it.

6.8 The Rider agrees to indemnify and keep us fully indemnified from and against any direct and indirect losses, claims, expenses, damages or liability whatsoever incurred or suffered by us as a result of the negligence, acts or omissions or default under the Contract by the Rider , or its employees, agents or subcontractors or any Passengers.

6.9 The Rider shall be liable for any damage caused by Passengers to any Passenger Vehicle.

6.10 Subject to the following provisions of this clause 6, except in respect of death or personal injury caused by our negligence, or that of our agents, our liability to the Rider for loss and/or damage caused by the negligence of us and/or our agents, or otherwise which arises out of or in connection with the provision of the Services or their use by the Rider shall be limited as follows:

6.11 in relation to the Services, our liability shall not exceed £150;

To qualify for any discount or promotions, you must use the new Monochrome app or web or both depending on rules of promotion. The journey must be taken between the specified promotional period. Bookings made on the telephone to our call centre will not qualify. The promotional code must be quoted at the time of the booking and must be paid by credit or debit card. All promotions are subject to daily allocation and vehicle availability. Any promotional offer cannot be used in conjunction with any other offer or discount. It is non-transferable and no part of any discount may give right to a refund credit or payment even where the fare is less than the discounted amount. Monochrome reserves the right to curtail any promotion prematurely. A booking cancellation counts as a booking.

6.12 in the case of lost or damaged Goods (including where relevant luggage of Riders travelling in Passenger Vehicles), our liability shall not exceed £150 unless the Rider has notified us that the Goods have a value in excess of £150 and we have agreed in writing to be responsible for the repair or replacement of the Goods up to a greater value and the Customer shall indemnify us against any Passenger claiming sums in excess of such limits. Such a booking should be made at least 24 hours in advance through our Special Services function through our mobile app and stated inside the booking or pre-booked through our special services function of our app 48 hours prior to the journey and notify us 24 hours before the journey via email.

6.13 To the extent permitted by law, we shall not be liable in any way whatsoever for the acts or omissions of any sub-contractors to whom we sub-contract the Services. We shall use our reasonable endeavours to ensure that we only sub-contract the Services to such third parties that have at least the minimum insurance cover required in the third party’s country of operation. If we are aware that a third party does not have a level of insurance coverage which we would expect, we reserve the right to request that the Rider signs a standard form disclaimer and acknowledgement in respect of the same.

6.14 We shall not be liable to the Rider for any loss or damage to property arising in the course of delivering, loading or unloading of Goods or Passenger’s luggage or bicycle or personal effects. Our Agents will only help if requested by the rider, this act or discision is at the riders’ risk.

6.15 We shall not be liable to the Customer for any loss of anticipated savings, business revenues, loss of agreements, loss of opportunity or loss of business or profits whether categorised as direct or indirect or any indirect, special or consequential loss (including losses arising from business interruption, wasted management time, loss of goodwill, data and all other such loss whether or not arising in the normal course of business).

6.16 We shall not be liable to the Rider or be deemed to be in breach of the Contract by reason of any delay in performing any of our obligations under the Contract.

6.17 We shall not be liable to the Rider or be deemed to be in breach of the Contract by reason of any failure to perform any of our obligations under the Contract if the delay or failure was due to any circumstances or cause beyond our reasonable control.

6.18 In relation to 3rd Party Bookings, we shall to the extent permitted by law, not be liable in any way whatsoever in respect of any claim regarding the provision of the fulfilment or for any act or omission of any agency Partner.

6.19 We shall, in no event, have any liability in respect of any claim, howsoever arising, that is not notified to us by the Customer, in writing, with sufficient particularity, to identify the nature and the quantum of the claim within fourteen (14) days of the occurrence of the circumstances giving rise to the claim.

6.20 The Customer acknowledges that the limitations on our liability as set out in this clause 6 are fair and reasonable in the circumstances and have been taken into account and reflected in the level of the Charges.

6.21 To allow us to provide the Customer with the best possible service, we may use location-based services. Information that we collect from the Customer through the use of these services shall be collected and stored in accordance with the terms of our privacy policy. By accepting these Terms the Customer consents to our use of location-based services. The Rider can withdraw its consent at any time. The accuracy of our location-based services may vary depending on the Customer’s location and whether the Rider is in a rural or urban environment. We reserve the right to suspend or terminate the location based services at any time.

6.22 Any complaints relating to the Services shall be addressed to us and made in writing within 14 days of the event giving rise to the complaint.

6.23 Termination of a Contract shall be without prejudice to any rights and/or obligations of us and/or the Customer accruing prior to the date of such termination.

6.24 Any notice required or permitted to be given by either party to the other under these Terms, shall be in writing and may be given personally or sent by email or by prepaid registered post to the other party (and in the case of Drivers or agency Partners, to the offices of Monochrome) at its registered office or principal place or business or such other address as may at the relevant time have been notified as that party’s address for service. Any notice served by email shall be deemed delivered immediately and by registered post shall be deemed served forty eight (48) hours after posting to an address in the United Kingdom or five (5) Business Days after posting to an address outside the United Kingdom. In proving the service of any notice it will be sufficient to prove, in the case of a registered post letter to provide proof of delivery. 

6.25 Monochrome cannot be held responsible for any loss in financial professional missed flight, trains due to the Private Hire Vehicle not arriving at the pick up or drop off address at the booked time due to adverse weather traffic conditions or road traffic accidents as well as road closures or been given incorrect booking information by the Rider. Also, car breakdown due to excessive use of vehicles. If this does occur the Rider has the opportunity to wait and another vehicle would be sent out as soon as possible or a full refund could be asked for which would be given to you, if paid in advance.

6.26 While the Monochrome endeavours to ensure that the Site is normally available 24 hours a day, the Monochrome will not be liable if for any reason the Site is unavailable at any time or for any period.

6.27 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 Monochrome's control.

6.28 While Monochrome endeavours to ensure that the information on the Site is correct, the Monochrome does not warrant the accuracy and completeness of the material on the Site. The Monochrome 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 Monochrome makes no commitment to update such material.

6.29 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 Monochrome provides you with the Site on the basis that Monochrome 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.

6.30 Monochrome operates as an Agency for Self-Employed Drivers. Monochrome is therefore not legally responsible for the actions and behaviour of individual Drivers. Should however you have any problems or issues with a Self Employed Driver contracted to provide a service to you, please contact us by filing a complaint at www.monochromecompany.com/file-a-complaint. .

6.31 You are permitted to print and download extracts from the Site solely for your lawful, personal, non-commercial use on the following basis:

  1. no text, documents, graphics or other content on the Site are modified in any way;
  2. no graphics on the Site are used separately from accompaniesing text; and
  3. the Company’s copyright notice and this permission notice appear in all copies.

6.32 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 Monochrome Convoy Limited or its licensors. For the purposes of these Terms & Conditions, any use of extracts from the Site other than in accordance with paragraph 6.31 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 Monochrome 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.

6.33 The Monochrome Convoy Limited 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. You may not misuse the Site (including, without limitation, by hacking it).

6.34 Subject to paragraph 6.31, 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 Monochrome's prior written permission.

 6.35 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).

6.36 Our referral promotion is to used on our mobile app only. All offers or promotions are non-transferrable to any other platform and can only be redeemed on our. Our promotion will not be exchangeable for cash, cheques or any other type of credit in any form or currency or for further discount. Misuse of the site or its promotional codes, will result of termination of that account and a permanent restriction from the use of the site. Please not that credits earned through marketing activity are subject to expire if not used within 1 year of activation.

6.37 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 6.35 or 6.36.

6.38 A person who is not a party to any Contract shall not have any rights under or in connection with it.

6.39 We reserve the right to subcontract or delegate in any manner any or all of our obligations under any Contract to any third party or agent.

6.40 If any provision of these Terms, which is not of a fundamental nature, is held by any court or other competent authority to be invalid or unenforceable in whole or in part, such part, term or provision shall be deemed deleted from these Terms and the remainder shall not be affected. Should the foregoing apply the parties shall use all reasonable endeavours to agree upon any lawful and reasonable changes to these Terms which may be necessary in order, as close as possible, to give effect to the commercial intent of these Terms.

6.41 We reserve the right to amend these Terms and conditions wither without notice. However, we may post notice of amendments to these Terms on Monochrome's website.

6.42 These Terms shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the Courts of England. If you do not accept the terms and conditions, do not use this website or its applications. This notice is issued by Monochrome Convoy Limited.

     

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