Please read these carefully
before making a booking
1.
DEFINITIONS
In these
terms and conditions, unless
the context otherwise
permits or requires:
(i)
"EXTRA”
means GO EXTRA INTERNATIONAL Ltd, whose
office is at 51 High Street,
Feltham,
Middx TW13 4AB
United Kingdopm
and its
parent, affiliate,
associate, and subsidiary
companies.
(ii)
"Vendor”
means a service provider
engaged as a sub-contractor
by EXTRA, including its
respective officers,
employees, agents and
representatives or
sub-contractors
(iii)
“Meeting”
means the place and time at
which the Customer is to be
met, picked up or collected
by the Vendor.
(iv)
“Customer”
means the traveller,
passenger or entity to whom
the Service is delivered.
(v)
“Delivery”
means the place and time at
which the Customer is to be
dropped off or delivered by
the Vendor.
(vi)
“Service
” means the meeting,
accommodation or transport
services provided by Vendor
between Meeting and
Delivery.
(vii)
“Conditions”
mean these terms and
conditions and any special
terms and conditions agreed
in writing between the
parties.
Words
importing the masculine gender
include the feminine and words
importing the singular include
the plural and in each case,
vice versa.
2.
ACCEPTANCE OF CONDITIONS
2.1 Any
business undertaken by EXTRA or
any information, advice or
service supplied by EXTRA
(whether charged or not), is
undertaken or provided subject
to these Conditions which shall
be the terms of any contract for
Services between EXTRA and the
Customer.
2.2 These
Conditions, subject to and
together with any variation
agreed in writing between a
director of EXTRA and the
Customer, shall constitute the
entire contract between EXTRA
and the Customer and shall
override or supersede any
previous contract or arrangement
between EXTRA and the Customer
and in particular shall operate
to the exclusion of any terms
and conditions at any time
imposed by the Customer, and
shall supersede any earlier
version of these standard terms
and conditions. On acceptance
by EXTRA of any booking to carry
the Customer, the Customer
agrees that they shall be deemed
to have read, understood and
accepted these Conditions.
2.3 The
Customer acknowledges that they
have not entered into this
contract relying upon any
representation made by or on
behalf of EXTRA and without
prejudice to the generality of
the foregoing the Customer has
not relied upon any
correspondence, statement or
sales literature issued on
behalf of EXTRA.
2.4 EXTRA
will only arrange the Services
for Customers subject to these
Conditions. EXTRA and its Vendor
reserves the right at their
absolute discretion to refuse to
provide the Service to any
Customer at any time.
3. PARTIES
3.1 EXTRA
may engage sub-contractors,
referred to herein as Vendors,
to perform all or any part or
parts of the Service and EXTRA
in accepting a reservation for
the Service enters into a
contract with Customer as main
contractor for the Vendor.
4.
DANGEROUS GOODS
4.1 Without
prejudice to the provisions of
clause 3 above, the Customer
warrants that it will declare in
advance any Dangerous Goods to
be carried, and acknowledges
that EXTRA and its Vendor is
under no obligation to provide
Services to a Customer in
possession of such Dangerous
Goods.
4.2 The
Customer hereby agrees to
indemnify EXTRA and Vendor
against and hold EXTRA and
Vendor harmless from any
penalty, loss, damage, claim,
cost or expense which EXTRA or
Vendor may incur directly or
indirectly as a result of any
breech of the warranty given in
clause 4.1 above.
5. SERVICES
5.1 The
Service will begin on Meeting
(unless the Vendor is required
by the Customer to wait, in
which case the Service shall be
deemed to begin at the booked
Meeting time). A Service will
end when Vendor leaves the
Customer on Delivery.
5.2 EXTRA
shall use its reasonable
endeavours to Deliver the
Customer at any time specified
by the Customer, but time of
Delivery shall not be of the
essence.
6.
LIABILITY FOR LOSS AND DAMAGE
6.1 EXTRA
accepts no responsibility for
the loss or damage to any
luggage or property transported
during the Service, howsoever
such a loss or damage may be
caused.
6.2
The full liability of EXTRA to
the Customer shall be limited to
a sum equal to two time the
charges paid by the customer to
EXTRA for the Service in dispute.
6.3
EXTRA and Vendor shall not in
any case be liable for any
indirect, consequential or
economic loss or damage incurred
by the Customer or any third
party.
6.4
EXTRA shall not
be liable for any loss or damage
suffered by reason of the
inability of EXTRA or its Vendor
to perform its obligations due
to any circumstance beyond the
reasonable control of EXTRA or
Vendor including (without
prejudice to the generality of
the foregoing)
acts of God,
explosion, flood, extreme
weather, fire,
major road
closures, state/diplomatic
visits for which notice or
information was not available to
EXTRA;
war, hostilities,
invasion, riot, civil
disturbance, or acts of
terrorism, labor disputes (but
not of Vendor’s own workforce)
which involves stoppage of work;
acts restrictions regulations
by-laws, refusals to grant a
licence or permit,
seizure under legal process,
prohibitions, or measures of any
kind on the part of any
governmental or regulatory
authority (including a bona fide
airport authority), or temporary
suspension of access to any part
of an airport where access is
required to provide the Service
6.5 EXTRA
shall not be liable unless a
claim is made upon EXTRA in
writing identifying the nature
of the claim and the amount
claimed within three (3) days
after completion of the
delivery.
6.6 Customer
grees that no claim will be made
against Vendor in excess of the
Vendor’s limitation and/or
exclusions of liability as set
out in these Conditions.
7. CUSTOMER
WARRANTY
7.1 Customer
warrants that he has freely
accepted these Conditions in the
knowledge that the liability of
EXTRA is to be limited in
accordance with these Conditions
and the price charged by EXTRA
has been calculated accordingly.
The Customer acknowledges that a
greater price would be payable
but for such limitations.
Notwithstanding the foregoing,
if EXTRA or Vendor should be
found liable for any loss,
injury or damage which arises
out of or is in any way
connected with any of the above
described functions, EXTRA’s or
Vendor’s liability shall in no
event exceed the maximum
insurance cover held by EXTRA or
Vendor.
7.2 A person
who is not a party to any
contract governed in whole or in
part by these Conditions (save
for any officer, employee,
agent, representative or
sub-contractor of EXTRA) has no
right to enforce or have the
benefits of any term or
conditions.
8. PAYMENT
BY CUSTOMER
8.1 EXTRA may
deduct payment for the booked
Service from Customer’s credit
or charge card on receipt of the
booking or within 72 hours of
completion of Delivery.
EXTRA reserves the right to bill
for the Service prior to
Delivery if it reasonably
believe this to be necessary or
in the interests of the Customer
(eg for a card expiring before
Delivery), and to bill for
properly incurred late extra
charges at any time after
Delivery. When and if a
Customer’s card is charged,
Customer will receive an invoice
by email.
8.2 EXTRA may
take whatever steps it
reasonably believe to be
necessary (i) to protect the
Customer’s card details (which
will be in EXTRA’s possession)
from misuse; and/or (ii) to
protect itself and its Vendor
from any delay in receiving
payment for a completed Service.
Such steps may include
pre-authorising the charge and
verifying the card details and
the card’s available credit
limit prior to Meeting.
Once EXTRA
receives a credit card
authorization, the funds may be
reserved up to 30 days depending
on the bank; and Customer should
therefore check the policy of
their lending institution.
EXTRA reserves the right to
request additional evidence as
proof of billing and charging
information.
8.3
For Customer’s
protection, processing of
Service orders may be delayed
until EXTRA confirm’s Customer’s
credit card information.
EXTRA may at its
absolute discretion withdraw
card payment facilities at any
time.
8.4 EXTRA
charges a handling fee of 5% of
up to the amount due for a
Service. From time to time EXTRA
may waive all; or part of this
handling fee. Details of any
such waiver will be advised at
the time of booking.
8.5
If the Card
company does not authorize the
transaction, Customer agrees to
make immediate payment to EXTRA
at Customer’s full cost by wired
transfer, by using a different
card, or by a different method
of payment acceptable to EXTRA.
8.6 A
chargeback is when a Customer
disputes a charge made on their
card. Customer acknowledges that
they have read this Clause 8.6,
and will not book a Service
until they have done so and
believe payments due from their
card will be authorized. If,
after reviewing these
Conditions, Customer, by placing
a booking for a Service,
consents to be bound by the
Conditions and this clause 8.6.
EXTRA tries to be fair and
reasonable. However, EXTRA we
will charge a US$75 penalty fee
for every unjustified
credit card chargeback against
EXTRA. Further, EXTRA will
report all unjustified
chargebacks to
www.ChargeBackProtection.org,
which may have the effect of
banning Customer from placing
orders with any business that
uses
www.ChargeBackProtection.org.
Examples of unjustified
chargebacks are (i) if a
Customer issues a frivolous,
false or unjustified complaint,
(ii) if a Customer starts an
unwarranted dispute with his
credit card company, (iii) if a
Customer refuses to pay for a
properly delivered Service and
any charges thereto, (iv) if a
Customer refuses to pay properly
levied late amendment, late
cancellation or no-show charges.
8.7 No
payments due to EXTRA from the
Customer shall be withheld by
the Customer in respect of any
claim or alleged claim by the
Customer against EXTRA howsoever
arising and whether by way of
set-off, counterclaim or
otherwise.
9. GENERAL
9.1
Any waiver by EXTRA or Vendor of
any breach by the Customer of
these Conditions is limited to
that particular breach. No delay
by EXTRA or Vendor in acting
upon a breach shall be deemed a
waiver.
9.2
These Conditions may be varied
by EXTRA from time to time
without Notice. The subsisting
and applicable Conditions are
available on request and are
posted on the EXTRA group
websites
9.3
The terms contained in each
clause or sub-clause of these
Conditions are separate and
distinct. Each may be enforced
separately. The parties agree
that if any clause or sub-clause
shall be adjudged void or
ineffective for whatever reason,
but would be adjudged valid and
effective if part of the wording
thereof was deleted, the clause
or sub-clause shall apply with
such modification as may be
necessary to make it valid and
effective and shall not
invalidate any other Conditions.
9.5 EXTRA
reserves the right to record any
telephone conversation with the
Customer and to make use of any
such recording in any
proceedings.
9.6
These Conditions shall be
subject to the Laws of Singapore
and the parties hereby submit to
the non-exclusive jurisdiction
of the Singapore.
March 12th 2007
