TERMS AND CONDITIONS
The Client’s attention is especially drawn to the provisions of clause 5.
The following terms and conditions apply to all services provided by GOtransfersBenidorm (vipcostablancatransport sl.) with address at calle tomas ortuño 92 office in mercado el cruce 03502 Benidorm, Alicante.
1. Basis of the contract
1.1 The Supplier shall sell and the Client shall purchase the Service in accordance with any quotation or offer of the Supplier which is accepted by the Client, or any booking of the Client which is accepted by the Supplier, subject in either case to these Conditions.
1.2 The Customer accepts these Conditions by making a booking with the Supplier through, without limitation, the Supplier’s website www.gotransfersbenidorm.com, telephone or any representative agent of the Supplier.
1.3 After the Customer has made a booking, the Customer will receive an email from the Supplier acknowledging that the Supplier has received confirmation.
1.4 The Supplier or any Authorized Representative of the Supplier shall accept the reservation made by the Customer by sending a confirmation e-mail to the Customer. The Contract shall only be formed when such confirmation e-mail is sent to the Customer. No booking submitted by the Client shall be deemed to be accepted by the Supplier unless and until confirmed in writing by the Supplier or an Authorized Representative of the Supplier.
1.5 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract.
1.6 The Supplier reserves the right to revise the Conditions at any time without notice at its sole discretion. All revised Conditions shall be posted on the Supplier’s website and shall become effective 6 hours after posting. If applicable, whenever the Supplier revises the Terms in accordance with this clause 2.6, it will keep the Client informed and give the Client the same notice of this stating that these Terms have been amended.
1.7 If the Customer is:
(a) a consumer, he/she may only purchase the Service if he/she is at least 18 years of age. As a consumer, the Customer has certain legal rights in relation to Services that are faulty or do not correspond to the description. Advice on such legal rights is available from the local Citizens Advice Bureau or Trading Standards office; (b) a business customer, you hereby confirm that you have the authority to bind any company on whose behalf you use the Supplier’s website to purchase the Services.
1.8 The specifications for the Services shall be as set out in the Supplier’s sales documentation unless expressly varied in writing by the Customer in its booking (and accepted by the Supplier).
1.9 Any illustrations, photographs or descriptions, whether on the Supplier’s website, brochures, price lists or other documents, are intended as a guide only and the content shall not be binding on the Supplier.
1.10 The Supplier reserves the right to make any changes to the specification of the Services (i) which are necessary to comply with any safety or other applicable legal or regulatory requirements or (ii) where the Services are provided to the Supplier’s specification which do not materially affect its performance.
1.11 Subcontractors are not authorized to make representations or claims relating to the Service unless confirmed in writing by the Supplier. By entering into the Contract, the Customer acknowledges that it does not rely upon and waives any claim for breach of such representations, which are not so confirmed.
1.12 No variation of a Contract shall be binding unless agreed in writing by the parties.
1.13 Where the Supplier has quoted a price different from the Price, the price so quoted shall be valid only for 24 hours or for such other duration specified by the Supplier.
1.14 The Supplier reserves the right, by notifying the Customer at any time prior to the supply of the Services, to increase the Price to reflect any increase in cost to the Supplier which is due to any factor beyond the Supplier’s control, such as, without limitation, any currency fluctuation, currency regulation or alteration of duties, any change in delivery dates, quantities or specifications for the Service which is requested by the Customer, or any delay caused by any instruction from the Customer or failure of the Customer to give the Supplier adequate information or instructions.
1.15 Bookings made for the provision of Services on December 24, 25, 26 and January 1 will be subject to an additional 50% surcharge on the Prices.
1.16 A maximum time of 45 minutes will be allotted for address pick-ups and 1 hour for airport pick-ups, after which no contact with Customers will classify the booking as a “no-show” and will be subject to clauses 3.2 and 4.4.3 below. For the purposes hereof, a “No-show” is defined as an event where a Customer (a) in case of an address pick-up, does not meet the driver at the agreed pick-up time at the agreed pick-up point; or (b) in case of an airport pick-up, does not meet the driver in the arrivals hall. This means that the driver will wait in the arrivals hall for up to 1 hour from the flight landing time and if the Customer does not meet within this time limit or does not make contact to report his/her status at the airport it will be considered a no show. All bookings made online or by telephone for Services to be paid in cash to the driver will be guaranteed by providing valid credit or debit card details and will be charged in full in the event of a no show by the Customer. All Services paid in advance by credit or debit card will not be refunded in the event of a no-show by the Client.
1.17 All payments made in any form other than cash (Euros) to the Supplier for the provision of Services and any confirmed bookings made with the Supplier directly or indirectly shall result in an additional charge (booking fee) to the Client of 10% 10 (in addition to any cash payment or discounted price).
1.18 Without limiting any other right or remedy of the Supplier, if the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, the Supplier shall be entitled to charge interest on the overdue amount at the rate of 4% (percent) per annum above the then prevailing prime rate, accruing daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
1.19 Client shall pay all amounts due under the Agreement in full without any deduction or withholding, except as required by law and Client shall not be entitled to assert any credit, set-off or counterclaim against Supplier to justify withholding payment of any amount in whole or in part. Supplier may, without limiting its other rights or remedies, set off any amount owed to it by Customer against any amount payable by the Supplier to the Client.
2. Conditions of Carriage
2.1 Prices are based on Customers being ready to travel at the booked time. Customers must book their airport transfer in accordance with the check-in times and guidelines provided by their respective airline.We will not be liable for any Losses in the event that the Customer books the transfer with our company at short notice or without regard to arrival. time at the airport advised by the airline. We shall not be liable for any Losses in the event that the Client books the transfer with our company at short notice or without regard to the Airport Arrival Time advised by the airline.
2.2 All meetings, except waiting time at airports, are free of charge for the first 10 minutes; thereafter, you will be charged 0.5€ per minute for the entire waiting time. In case of meetings at airports, the first 50 minutes of waiting time from the time of landing are free of charge and additional free waiting time can be requested at the time of booking; thereafter, Customers will be charged €0.50 per minute and the parking difference will be paid separately. There is no additional charge for flight delays.
2.3 Prices quoted are flat rates. Any additional diversion, pick-up or drop-off by Customers will incur a minimum charge of €5 per stop en route, drop-off or pick-up. Prices quoted for Services that are not subsequently booked shall be valid for 24 hours.
2.4 Neither the Supplier nor any of its contracted or sub-contracted drivers or suppliers will accept responsibility for loss or damage to Customers’ luggage. Customers are responsible for ensuring that their luggage is loaded / unloaded on the vehicle at all times. The Supplier or its contracted or subcontracted third parties have the right to refuse any Customer or undertake the journey due to the Customer having excess baggage, which would render the vehicle unsafe while in motion.
2.5 Vehicles are reserved by Customers as requested by Customers. Sedans and station wagons carry a maximum of 4 Clients and luggage. Vehicles to carry a larger number of Clients and luggage are available and can be reserved as needed. Please refer to the supplier’s website for baggage limitations and vehicle types).
2.6 In the event unaccompanied baggage is transported:
(a) the Customer agrees to defend, indemnify and hold harmless the Supplier and, without limitation, its owners, workers, customers, agents and driver from any and all claims, demands, causes of actions, damages, liabilities, costs and expenses, including attorneys’ fees, arising out of or related to any act or omission of the Customer; and
(b) Supplier shall use its reasonable efforts to deliver the Baggage to the exact destination booked by Customer. If at the time of delivery, the driver is unable to obtain a signature for the receipt of the luggage, the driver may return the luggage to our head office, where additional storage and delivery costs will be incurred.
2.7 Although we always consider live traffic conditions, if the driver is unable to attend an assigned job due to unexpected traffic difficulties, we will make every effort to send the job to one of our partner companies operating in the vicinity of the pick-up location. Please note that in this case, the responsibility for the performance of the job is transferred to the partner company and any further complaints should be addressed to them.
2.8 Without prejudice to clause 2.16, if the Customer leaves the pick-up point without informing the Supplier or takes a private cab or public cab of another company without the consent of the Supplier, the latter shall not be liable for any compensation. If a Customer leaves the pick-up point with our consent to take another transport company outside our company, our company will cover the Customer for the difference disclosed. For example: if the Company’s price is € 50.00 and the Customer uses other services whose price is € 80.00, the difference of € 30.00 will be covered.
2.9 The Supplier uses Google Maps to improve the user experience of the website for our Customers. However, the Provider assumes no responsibility for the accuracy of the maps, distance or time displayed by Google Maps. This is a third party service. If the Customer wishes to know the exact distance, average time of a trip or other information displayed by Google Maps, he/she should call our Customer Service team, or email our company, or the Supplier at the time and date of the reservation.
2.10 Waiting time. For airport pick-ups, in case the customer does not specify any additional time for going through customs and baggage retrieval, the service provider, GotransfersBenidorm, will automatically add 30 minutes of additional waiting time for customers coming with European flights and 45 minutes for those arriving with international flights.
2.11 The estimated journey times and arrival times presented by the company on its public website or otherwise, are to be taken as indicative only and are not subject to traffic and/or weather conditions and the final route taken by the driver. Therefore, you agree that you are responsible for establishing a suitable agreed time that will allow you to arrive at your destination in sufficient time to subsequently check in for a flight, catch a train or fulfill any other dependencies you may have.
2.12 All pick-ups outside the boundaries of the province of Alicante must be prepaid and booked at least 4 hours prior to the pick-up time.
2.13 The company will make every effort to ensure that vehicles arrive on time and reach destinations on time. The Company shall not be liable for any delays (and/or consequential losses arising) arising outside its control or by third parties not connected with the Company. The company and its employees aim to provide a reliable service for you and if alternative options will be given and the customer refuses, the company will not be liable for any loss.
2.14 When a client creates an account with us, they will receive a 10% discount on the base price of the trip.
3. Cancellation Policy for Consumer Customers
3.1 The Customer may cancel a booking within 7 days of making the booking and the charge will be £3 (the payment system fee), where the start time of the Service is after 7 days of the booking.
3.2 The Client may not cancel any booking which has been accepted by the Supplier except with the written agreement of the Supplier and on terms that the Client shall indemnify the Supplier in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Supplier as a result of the cancellation, where the start time of the Service is before the expiry of 7 days.
3.3 All cancellations must be notified by calling our customer service telephone number or by e-mail. If you are calling from abroad, the number to dial is +34
3.3.1 We reserve the right to refuse service to any person in the following situations:
⦁ When a customer consumes alcohol.
⦁ When a customer has been or is being disruptive.
⦁ When a customer harasses employees.
3.4 Where clause 4.2, times and rates of cancellations apply:
3.4.1 Cancellations notified with more than 24 hours of the pick-up date and 14 time carry a €10.00 cancellation fee.
3.4.2 Cancellations notified 3 to 24 hours prior to the pick-up time will incur a charge equal to 50% of the quoted Price.
3.4.3 Cancellations notified within 3 hours after the pick-up time will incur a charge equal to 100% of the quoted Price.
3.5 Cancellation of vehicles booked by Customers and not suitable for the purposes of the same shall be subject to clause 4.3.3 in the event that such vehicles are driven to the agreed pick-up point.
4. Obligations of the Parties
4.1 The Client shall:
(a) ensure that the terms of the booking and any information it provides to the Supplier are complete and accurate;
(b) cooperate with the Supplier in all matters relating to the Services;
(c) provide Supplier, its employees, agents, agents, consultants and subcontractors with access to Client’s premises, offices and other facilities as reasonably required by Supplier;
(d) provide Supplier with such information and materials as Supplier may reasonably require to provide the Services, and ensure that such information is accurate in all material respects.
4.2 If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any Default of the Client:
(a) Supplier, without limiting its other rights or remedies, shall have the right to suspend performance of the Services until Client cures Client’s Default and to rely on Client’s Default to excuse itself from performance of any of its obligations to the extent that Client’s Default prevents or delays Supplier’s performance of any of its obligations;
(b) the Supplier shall not be liable for any costs or losses suffered or incurred by the Client arising directly or indirectly from the Supplier’s failure or delay in performing any of its obligations under this clause 5.2; and
(c) the Client shall reimburse the Supplier, upon written request, for any costs or losses suffered or incurred by the Supplier arising directly or indirectly from the Client’s Default;
(d) Supplier shall not be liable for any action taken by its employees, part-time of full-time collaborators: (d.1) the Supplier shall not be liable for any loss suffered by the Customer arising directly or indirectly from the Driver’s failure or delay in performing any of his duties as set forth in his job; and (d.2) the Supplier shall provide the Customer with the Driver’s details for the purpose of claiming any damages (loss of luggage, delay in pick-up time, delay in delivery which may result in missed flight, etc. ).
4.3 The Supplier warrants to the Client that the Services shall be provided with reasonable care and skill and that it shall use its best endeavours to meet the dates and times of performance.
4.4 The Supplier shall be entitled to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.
5. Limitation of liability: THE CUSTOMER'S ATTENTION IS DIRECTED PARTICULARLY TO THIS CLAUSE.
5.1 Limitation of liability for consumer customers.
5.1.1 If the Supplier fails to comply with these Conditions, the Supplier shall be liable for loss or damage suffered by the Customer only if it is the foreseeable result of such failure or negligence. The loss or damage is foreseeable if it is an obvious consequence of the Supplier’s breach or negligence or if it was contemplated by the parties when the Contract was agreed.
5.1.2 The Consumer Customer agrees not to use the Service for commercial, trade or resale purposes and, in particular, the Supplier is not liable for any loss of profit, loss of business, business interruption or loss of business opportunity.
5.1.3 The Supplier does not exclude or limit in any way its liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
5.2 Limitation of liability for commercial customers
5.2.1 The Supplier only provides Services for the internal use of the Business Customer’s business, and the Business Customer agrees not to use the Services for resale purposes.
5.2.2 Nothing in these Conditions limits or excludes the Supplier’s liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
5.2.3 Subject to clause 6.2.2, the Supplier shall under no circumstances be liable to the Business Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising in connection with the Contract. for:
(a) any loss of profits, sales, business or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunities; (d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
5.2.4 Subject to clauses 6.2.2 and 6.2.3, the Supplier’s total liability to the Business Customer in respect of all other losses arising in connection with the Contract, whether in contract, tort (including negligence), breach of law. duty, or otherwise, shall in no event exceed 50% of the Price of the Services.
5.2.5 Except as expressly stated in these Conditions, the Supplier makes no representation, warranty or undertaking in relation to the Services. Any representation, condition or warranty which may be implied or incorporated into these Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law.
6. Force Majeure
7. Miscellaneous
7.1 Waiver
(a) A waiver of any right under the Agreement is effective only if in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by either party in exercising any right or remedy under the Agreement or by law shall constitute a waiver of that or any other right or remedy, or preclude or restrict its further exercise. No single or partial exercise of any such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless otherwise specifically provided, the rights under the Agreement are cumulative and not exclusive of rights provided by law. 18
7.2 Indemnification
(a) If any provision of the Agreement (or part of any provision) is determined by a court or other competent authority to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent necessary, be deemed severed and the validity and enforceability of the remaining provisions of the Agreement shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if a part thereof were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
7.3 Assignment and Subcontracting
(a) Supplier may at any time assign, transfer, charge, subcontract or otherwise deal with all or any of its rights under the Agreement and may subcontract or otherwise delegate any or all of its obligations under the Agreement to any third party or agent.
(b) The Client may not, without the prior written consent of the Supplier, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
7.4 Communications
(a) The Supplier’s contact details for any written communication are: vipcostablanca tansport sl calle tomas ortuño 92 mercado el cruce Benidorm 03502 Alicante.
(b) If the Client is a company, any notice between the parties will be deemed, received and properly served immediately when posted on our website, 24 hours after an email is sent or three days after the date of posting of any letter. In proving service of any notice, it shall be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and mailed and, in the case of an e-mail, that such letter The mail was sent to the specified e-mail address of the addressee.
7.5 Confidential Information
The Client undertakes to the Supplier that:
(a) it shall treat the Contract and all information relating to the Supplier’s business and/or products as confidential and shall not use or disclose to any third party such information without the prior written consent of the Supplier, unless the information is public domain other than by reason of the Client’s breach;
(b) Client shall use its best efforts to ensure compliance with this confidentiality provision by its employees, agents, affiliates and family members, as the case may be. This Condition shall survive termination of the Agreement.
7.6 Applicable Law and Place of Disputes
(a) If the Customer is a consumer, these Conditions are governed by Spanish law. This means that a Contract and any dispute or claim arising out of or in connection with it shall be governed by Spanish law. The consumer Customer and the Supplier agree that the courts of Spain shall have non-exclusive jurisdiction.
(b) If the Customer is a business customer, these Conditions are governed by English law. This means that a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by Spanish law. The Business Customer and the Supplier agree to the exclusive jurisdiction of the Spanish courts.
7.7 Handling of found items
Any items found by the driver of the mini-cab vehicle inside the mini-cab vehicle shall be returned to the owner. – If the owner of the item is not known or if the person does not call on the day of discovery, the minicab driver shall be obliged to deliver the item to the office of the minicab service operator. In case the person who has lost or forgotten an item inside the minicab vehicle and there is no doubt about the ownership and authenticity of its description, the item will be returned to the person. The owner has the option to come to the company’s office himself and take the lost item or he must pay for the driver’s trip from his last delivery point to the owner’s address.
7.8 Any calls you make or receive from GoTransfersBenidorm 20 vipcostablancatransport sl, will be recorded for the purpose of improving our services and training. Call recordings are subject to the “Privacy Policy” specified in paragraph 9.
7.9 The Company reserves the right to charge reasonable cleaning charges plus three hours loss of earnings for the driver at our normal hourly rate (as detailed in the Price List) in the event of spillage or in the event of any Passenger vomiting or otherwise soiling or damaging. a passenger vehicle.
7.10 Infant / child / booster seats requested are subject to availability on the date of travel and there is no 100% guarantee that they will be provided.
8. Privacy Policy
The Supplier is committed to protecting the privacy of its Customers. The Supplier will only use the information it collects about Clients in a lawful manner (in accordance with the Data Protection Act 1998). The information is collected for two reasons: firstly, to process the booking, and secondly, to provide the Client with the best possible service. The Supplier will not send marketing emails in the future unless authorized by the Client.
The Supplier will give the Client the opportunity to decline any future marketing emails from the Supplier or another merchant. The type of information the Supplier will collect about the Customer includes the Customer’s name, address, telephone number, email address and credit/debit card details. We do not store credit card details nor do we share customer financial data with third parties. The Supplier will never collect confidential information about the Client without the Client’s explicit consent.
The information held by the Supplier will be accurate and up to date. The Client may verify the information held by the Provider by sending it by e-mail. If the Client finds any inaccuracies, the Supplier shall promptly remove or correct them. If the Supplier intends to transfer the Client’s information outside the EEA (European Economic Area), the Supplier will always first obtain the Client’s consent.
For the purposes of the Data Protection Act 1998, the data controller is vip costablanca transport sl. GOtransfersBenidorm as a trading name.
9. Cookie Policy
Our website uses cookies. A cookie is a small file of letters and numbers that we place on your computer if you agree. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website and also allows us to improve our site. The cookies we use are “analytics” cookies. They allow us to recognize and count the number of visitors and to see how visitors move around the site when they use it. This helps us to improve the way our website works, for example, by ensuring that users find what they are looking for easily.
10. Use of the supplier's website
The Client’s use of the Provider’s website is also governed by the Website Acceptable Use Policy. It is advisable for the Client to take the time to read them, as they include important terms that apply to the Client.
11. Claims and Complaints
For complaints you can access our customer service means both by email and whatsapp etc.