POLICY
CONTRACTUAL AGREEMENT BETWEEN SHIRE AND THE CLIENT (Last updated:23/05/2025)
Section 1: Legal Framework and Entire Agreement
1.1 These Terms and Conditions (“Terms”) constitute a legally binding agreement between SHIRE (the “Provider”) and any party procuring or utilising services (the “Client”), and shall, together with any expressly incorporated documents or policies, represent the entire understanding between the parties with respect to the subject matter herein.
1.2 All prior agreements, undertakings, representations, warranties, or communications (whether oral or written) not expressly incorporated herein are hereby superseded, nullified, and of no further force or effect unless executed in a formal written amendment by both parties.
1.3 The Provider reserves the unfettered right to amend, modify, or update these Terms periodically. Such amendments shall become binding upon publication to the Provider’s digital platform or upon express notification to the Client, whichever is sooner. Continued use of the services shall be deemed conclusive acceptance of the modified Terms.
1.4 Should any provision of these Terms be declared unlawful, void, or otherwise unenforceable by a court of competent jurisdiction, such invalidity shall not affect the enforceability of the remaining provisions, which shall continue in full force and effect.
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Section 2: Definitions and Interpretive Provisions
2.1 “Provider” shall refer to SHIRE, a transport services undertaking operating under the laws of England and Wales.
2.2 “Client” shall mean any natural or legal person contracting for or otherwise availing themselves of services provided by the Provider.
2.3 “Booking” denotes any agreed-upon transportation service confirmed in writing or durable medium by the Provider.
2.4 “Force Majeure” refers to any event, circumstance, or cause beyond the Provider’s reasonable control, including but not limited to acts of God, natural disasters, war, civil commotion, terrorism, public health emergencies, strikes, embargoes, or regulatory intervention.
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Section 3: Engagement and Acceptance of Bookings
3.1 All service requests shall be deemed provisional unless and until expressly accepted by the Provider through a verifiable mode of communication including, but not limited to, written correspondence, SMS confirmation, or call recordings.
3.2 The Provider reserves the discretionary right to decline or cancel any service request without incurring liability, including but not limited to instances of unavailability, non-compliance, security risk, or operational impracticability.
3.3 Bookings are conditional upon the provision of accurate, complete, and current information by the Client at the time of request. Any failure or omission in this regard shall relieve the Provider of any attendant obligation or liability.
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Section 4: Payment Terms and Charges
4.1 Unless otherwise stipulated in writing, all fees, tariffs, or charges shall be paid in full and cleared prior to commencement of the relevant service.
4.2 Accepted methods of remittance shall include, inter alia, debit or credit card transactions, BACS transfer, and recognised digital wallet systems (e.g., Google Pay, Apple Pay), subject to verification.
4.3 The Provider reserves the right to levy administrative surcharges, interest, or penalties in instances of failed transactions, dishonoured payments, or delayed settlement.
4.4 Promotional pricing or discounts, where offered, shall be strictly subject to stated conditions and may be amended or withdrawn at the Provider’s sole discretion and without notice.
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Section 5: Refund and Remittance Policy
5.1 All refund claims must be submitted in writing to [contact@shirecabs.co.uk] and must include sufficient supporting documentation to enable reasonable investigation.
5.2 Where refund eligibility is established, remittance shall be issued within thirty (30) calendar days. Time shall not be of the essence in respect of refund disbursements.
5.3 The following shall constitute lawful grounds for denial of refund:
Cancellation outside permissible notice periods (see Clause 6);
Failure by the Client to present at the designated location within the grace period (No-Show);
Any breach by the Client of obligations under these Terms.
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Section 6: Cancellations
6.1 Clients may withdraw from a Booking, subject to the following minimum notice requirements:
For Bookings under £100: no fewer than seven (7) calendar days' notice;
For Bookings equal to or in excess of £100: no fewer than fourteen (14) calendar days' notice.
6.2 Cancellations received outside the prescribed windows shall not give rise to any obligation to refund, save as may be required under statute.
6.3 The Provider may cancel any Booking without liability in the event of Force Majeure, breach of these Terms by the Client, or any other reasonable justification. In such circumstances, the Client shall be entitled only to a refund of any amounts paid and not used.
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Section 7: No-Show and Waiting Charges
7.1 A “No-Show” shall arise where the Client fails to present themselves within five (5) minutes of the vehicle’s arrival at the appointed location, without prior notification or reasonable excuse.
7.2 In cases of long-distance or corporate group bookings, the Provider may extend the grace period to fifteen (15) minutes, following which delay charges shall accrue.
7.3 In No-Show scenarios, the Provider reserves the right to retain all fees paid and to invoice for the full value of the Booking, as liquidated damages and not as a penalty.
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Section 8: Provider's Obligations and Limitations
8.1 The Provider shall furnish a roadworthy, legally compliant, and adequately insured vehicle for the execution of the service.
8.2 Drivers shall be competent, duly licensed, and under continuous evaluation for compliance, courtesy, and professionalism.
8.3 The Provider shall not be held liable for failure to adhere to timelines due to externalities, including traffic congestion, road closures, or exigent circumstances.
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Section 9: Client Obligations
9.1 The Client shall provide accurate instructions and maintain punctuality. Any deviation therefrom shall entitle the Provider to adjust pricing or cancel without refund.
9.2 The Client shall not engage in conduct that is disorderly, unlawful, or disrespectful toward Provider personnel, property, or passengers.
9.3 The Client assumes responsibility for all damage, soiling, or degradation of vehicle condition occasioned by their conduct or that of their associates.
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Section 10: Exclusions and Limitations of Liability
10.1 The Provider expressly disclaims liability for indirect, incidental, consequential, or punitive damages, including but not limited to loss of business, profit, or goodwill.
10.2 The aggregate liability of the Provider, whether in contract, tort (including negligence), or otherwise, shall be strictly limited to the amount paid by the Client in respect of the relevant Booking.
10.3 Nothing in these Terms shall limit liability for death or personal injury caused by the Provider’s negligence or that of its employees or agents.
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Section 11: Force Majeure
11.1 The Provider shall be excused from performance of its obligations under these Terms, without penalty or liability, where such non-performance results from an event of Force Majeure.
11.2 In such circumstances, the Provider shall make reasonable efforts to mitigate disruption and to notify the Client in a timely manner, but shall have no obligation to procure alternative arrangements.
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Section 12: Dispute Resolution Mechanism
12.1 Parties shall endeavour to resolve disputes amicably and in good faith, utilising informal negotiation in the first instance.
12.2 Failing resolution, the parties agree to submit the matter to non-binding mediation under the auspices of an independent ADR provider prior to initiating litigation.
12.3 Where appropriate and warranted, the Provider may issue a discretionary goodwill payment not exceeding £500 in full and final settlement of a dispute, without admission of liability.
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Section 13: Data Protection and Confidentiality
13.1 The Provider undertakes to process all personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
13.2 Clients may exercise their data subject rights, including rights of access, rectification, erasure, and objection, by written request to the Data Protection Officer.
13.3 Data will not be shared with third parties except where legally mandated or with the Client’s prior informed consent.
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Section 14: Governing Law and Jurisdiction
14.1 These Terms shall be governed exclusively by, and construed in accordance with, the laws of England and Wales.
14.2 The parties hereby submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any dispute or claim arising out of or in connection with this agreement.
Section 15: ZERO TOLERANCE POLICY
15.1 Commitment to Equality and Inclusion
15.1.1 The Provider operates in full compliance with the Equality Act 2010, ensuring a commitment to equality, diversity, and inclusion. Discrimination, harassment, or victimization on the basis of age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex, or sexual orientation will not be tolerated.
15.1.2 Both the Provider and the Client are expected to treat one another with respect and dignity, fostering an environment of mutual consideration and inclusivity.
15.2 Harassment, Abuse of Power, and Misuse of Authority
15.2.1 The Provider maintains a zero-tolerance stance against any form of harassment, bullying or misuse of authority by either party. This includes but is not limited to:
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Verbal, physical, or non-verbal conduct that is intimidating, degrading, or offensive.
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Unwelcome or inappropriate advances, comments, or gestures.
15.2.2 Abuse of power or position by either the Provider or the Client is strictly prohibited. This includes any actions intended to exploit, harm, or abuse the other party's legal rights.
15.3 Reporting and Resolution Mechanisms
15.3.1 Both the Provider and the Client have the right to report incidents of harassment, discrimination, or abuse of power. Reports shall be made including Monmouthshire County Council Licensing in CC as and when applicable.
15.3.2 All reports will be handled with confidentiality (as and when applies), and appropriate measures will be taken to ensure the safety and well-being of all parties involved.
15.3.3 The Provider is committed to resolving all complaints promptly, impartially, and in line with relevant legal and procedural guidelines.
15.4 Consequences of Violations
15.4.1 Individuals found in breach of this policy will face actions commensurate with the severity of the violation. This may include:
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Suspension or termination of services provided by the Provider.
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Permanent banning of Clients from using the Provider’s services.
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Reporting to relevant authorities, and taking legal action (civil claims) where applicable.
15.4.2 Both the Provider and the Client agree that retaliatory actions against anyone reporting or disclosing a violation of any applicable law or policies are strictly prohibited and will be treated as a breach of contract.
15.5 Mutual Responsibility
15.5.1 Both the Provider and the Client are equally responsible for maintaining a respectful and honest relationship. The principles of this policy apply equally to both parties to ensure fairness and accountability.
15.6 Continuous Improvement
15.6.1 The Provider will regularly review and update this Zero Tolerance Policy to ensure compliance with evolving legal standards and best practices.
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