Terms and Conditions

Terms and Conditions 


“Account” means a Customer account which has been opened by J & F London Ltd T/A Miniways Car  Service in respect of a particular Customer and which is identified by way of a confidential security  number (the “Customer Account Number“) allocated to the Customer and under which J & F London  Ltd T/A Miniways Car Service extends credit terms to the Customer enabling such Customer to pay  on a periodic basis, based on statements of account provided by Miniways Car Service (or as  otherwise agreed under the Account agreement). 

“Account Booking” means a Booking that is: (i) made through an Account; and (ii) fulfilled by J & F  London Ltd T/A Miniways Car Service. 

J & F London Ltd T/A Miniways Car Service incorporated and registered in England and Wales with  company number 7660977 whose registered office is at 17 Northumberland Park London N17 0TA. 

“Airport Booking” means a Booking made to or from any of the following airports: London  Heathrow, London Gatwick, London City, London Stansted, London Luton and London South End. 

“App” means a Booking made on the Miniways Car Service mobile application. 

“Booking” means a booking made by a Customer for Services, howsoever communicated to us, as  evidenced by our records. 

“Business Day” means a day (excluding Saturdays, Sundays, 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. 

“Cancellation Fee” means the Charge payable by a customer, for the cancellation of Services by the  Customer as calculated in accordance with the Price List (the Cancellation Fee will be higher where  the Collection Address is outside of Central London). 

“Card Payment” means payment in relation to a Booking by any means other than by cash or cheque  or direct debit, including but not limited to credit card, debit card, Apple Pay and PayPal payments; 

“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 Miniways Car Service and the Customer  (in each case as applicable). 

“Christmas Period” means between 18:00 hours on 24 December to 23:59 hours on 26 December, in  any year, and New Year from 18:00 hours on 31 December to 23:59 on 1 January, in any year. 

“Coach Booking” means a Booking for the provision of a coach pursuant to clause 5. “Coach Customer” means any Customer who makes a Coach Booking. 

“Collection Address” means the address stated by the Customer at the time of making the Booking  as the address from which the Vehicle shall collect the Customer, any Passengers or the Goods. 

“Contract” means a contract, which includes journey details, for the provision of Services to  Customers in respect of either: (i) Account Bookings (where the Customer contracts with Miniways), 

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. 

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

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

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

“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. 

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

“Passenger(s)” means the Customer and such persons who the Customer 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 (including a motorcycle adapted for Passenger Services) used  for the carriage of Passengers. 

“Price List” means the list maintained by us of certain of our 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. 

“Services” means: (i) Courier Services; (ii) Passenger Services; and (iii) any other services agreed in  writing between us and the Customer from time to time. 

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

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

“Waiting Time Charge” means £20 per hour payable in One-minute increments. 

“We”, “we”, “Our”, “our”, “Us” and “us” means: (i) in relation to Account Bookings, Miniways Car  Service;  

“Writing” and “Written” means any written communication including email and SMS. 2. BOOKING TYPES 

2.1 Account Bookings

2.1.1 Prior to making any Account Booking, the Customer must first open an Account with Miniways Car Service. The Customer must keep its dedicated and secret Customer Account Number  confidential. 

2.1.2 When making any Account Booking, the Customer must quote its Customer Account Number.  If the Customer fails to do so, we shall not be obliged to perform the Booking and may, at our  discretion, treat the Booking as a Non-Account Booking. 

2.1.3 We shall be entitled to treat any Account Booking made quoting the confidential Customer  Account Number as duly authorised by the Customer and the Customer shall be liable in respect of  all Charges relating thereto. 

2.1.4 In consideration of performance of Services in relation to Account Bookings, the Customer shall  pay the Charges and any applicable VAT (without set off or deduction), as invoiced by Miniways Car  Service, within 30 days (or such shorter period as we in our absolute discretion notify to you) of the  date of an invoice (the “Due Date”). 

2.1.5 Payment shall be made by direct debit (which is Miniways Car Service’s preference) or  alternatively by cheque, telegraphic transfer or BACS to such bank account as we shall notify the  Customer. 

2.1.6 We shall invoice the Customer each month in respect of Services performed in relation to  Account Bookings during the previous month or at such other intervals as may be agreed by the  parties in writing. Each invoice will be accompanied by a statement detailing the Services invoiced  and any discounts applied. 

2.1.7 We may, at any time, set a limit on the total credit given to any Customer at any one time and  we shall not be obliged to perform Account Bookings once that limit has been reached. 

2.1.8 Any dispute in respect of the Charges shall be submitted, in writing, within 14 days of receipt  by the Customer of the relevant invoice. 

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


3.1 Passenger Services – Fees and Charges 

3.1.1 The price quoted to the Customer at the time of making the Booking shall be calculated on the  journey specified by the Customer at the time of Booking (the “Quoted 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 Customer at the time of  making the Booking). Where specific charge rates have been agreed by Miniways Car Service for  Account Bookings, the price quoted for Account Bookings will be in accordance with such rates.  These will not normally be communicated to persons making an Account Booking unless the  Customer requires it. 

3.1.2 A Cancellation Fee will be chargeable where a pre-ordered Booking (where the Collection  Address is within Central London) is cancelled less than 30 minutes before the booked time for  collection. A Cancellation Fee will be chargeable where an “as soon as possible” Booking is cancelled  5 or more minutes after the booking is made. In addition, notwithstanding the cancellation time,  where: (i) a pre-ordered Booking, which is not a Network Booking and where the Collection Address 

is outside Central London is cancelled; (ii) a cancellation is made in relation to a Booking to which a  Driver or Fulfilment Partner has been pre-allocated, a Cancellation Fee will be payable. 

3.1.3 In relation to the collection of any Passenger(s) from an airport, we will allow 30 minutes  waiting time starting from the last known estimated arrival time of an inbound international flight  and a domestic flight respectively. We reserve the right to charge the Customer a Waiting Time  Charge which shall, for the avoidance of doubt, include the first 15 or 30 minutes (as the case may  be) waiting time. For the purposes of this clause the “last known estimated arrival time” will either  be: (i) if the Customer provides a flight number at the time of making the Airport Booking, we will  monitor the relevant flight and alter the collection time accordingly; or (ii) if the Customer does not  provide a flight number, the time which has been specified by the Customer for the Airport Booking.  For all Airport Bookings other than on-demand Airport Bookings, the Customer may specify a  collection time at any time after the flight arrival time, after which specified time the 15 or 30  minutes (as the case may be) waiting time shall commence. After expiry of the 15 or 30 minutes (as  the case may be) waiting time, we reserve the right to charge the Customer an applicable Waiting  Time Charge. 

3.1.4 Notwithstanding Clause 3.1.3, an entry and parking charge will be payable by the Customer as  charged by each airport. 

3.1.5 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. 

3.1.6 In the event that the Customer requires more than four (4) passengers to travel in a Passenger  Vehicle additional charge may be levied by us for the provision of a larger Passenger Vehicle or the  carriage of additional Passengers in excess of four (4). 

3.1.7 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. 

3.1.8 Customers must inform us at the time of making a Booking if the Customer or any Passenger  wishes to for us to transport a bicycle in any Passenger Vehicle, and our rates for transporting a  bicycle shall be applicable to the Booking. The Customer acknowledges that only some of our  Vehicles have been allocated, and/or equipped, to carry bicycles. We reserve the right to cancel a  Booking on arrival at the Collection Address if we have not been informed of the Customer’s  requirement to carry a bicycle in the Passenger Vehicle. 

3.1.9 In the event that the Customer did not inform us at the time of making a Booking that the  Customer or any Passenger wishes for us to transport a bicycle, the driver may in his absolute  discretion decide to: (a) cancel the Booking, in accordance with clause 3.1.8 above; or (b) transport  the Passenger with the bicycle (provided that the Vehicle is capable of, and is equipped to, transport  the bicycle); or (c) refuse to transport the bicycle and offer to transport the Passenger only; or (d)  refuse to transport the bicycle and offer to make arrangements for another one of our Vehicles to  transport the Passenger and the bicycle.

3.1.10 In the circumstances set out: (a) in clause 3.1.9(a) above, a Cancellation Fee shall be payable  by the Customer; (b) in clause 3.1.9(b) above, additional charges shall be payable by the Customer  for the carriage of the bicycle; (c) in clause 3.1.9(c) above, if the Passenger declines to use the  Vehicle without the bicycle, a Cancellation Fee shall be payable by the Customer; and (d) in clause  3.1.9(d) above, the Customer shall be deemed to have (i) cancelled the original Booking and a  Cancellation Fee shall be payable; and (ii) made a new Booking for the carriage of the Passenger and  the bicycle. 

3.2 Passenger Services – General 

3.2.1 We shall use reasonable endeavours to provide 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. 

3.2.2 Customers must inform us at the time of making a booking if the Customer 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 we have not been informed of the Customer’s  requirement to carry an animal in the Passenger Vehicle. Assistance 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  Customer with the loading and unloading of his/her luggage and/or bicycle from the Passenger  Vehicle, at our 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 Customer 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. 

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 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 £90 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 The maximum number of bicycles that may be transported in any one Passenger Vehicle shall  be one (1). 


4.1 We shall use reasonable endeavours to deliver all Goods consigned for delivery to the delivery  address given by the Customer within any time for so doing given by us or within a reasonable  period of time and any receipt obtained by us in respect of delivery of Goods shall be conclusive as  to time and place of delivery. 

4.2 The Customer 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 Customer. 

4.3 The Customer 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, Goods weigh no  more than 20Kg, 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  Customer 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 Customer 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 £500  unless that value has been notified to us, in writing 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 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, in writing at the time of making the Booking and we have  agreed to undertake delivery thereof in writing. 

4.5 Where the Customer 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 Customer whatsoever in respect of such Goods  howsoever arising, and (ii) the Customer 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 Customer, 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  Customer believes that the Goods have been damaged, the Customer 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 Customer 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. 


Please note that clause 5 applies to all Passenger Services and all Courier Services.  

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 which Miniways Car Service can accept (thereby creating  a legally binding Contract incorporating these Terms): (i) in relation to Account Bookings, by issuing  to you a Booking acceptance (in such form as we may determine from time to time).  

5.2 By accepting these Terms, you are also accepting the terms of our privacy policy, which can be  found at http://emesscarservice.com/tandc.html 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 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. 

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

5.5 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. 

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

5.7 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 Customer’s stipulated time period (if any) and/or within any time period stated  by us unless express reference is made to this clause 5.7 and agreed in writing by a director of  Miniways Car Service. 

5.8 Passenger(s) and any luggage and bicycle and any personal items and all Goods shall be ready for  collection at the time stipulated by the Customer when the Booking is made. 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 Courier Vehicle as the case may  be within 2 minutes of the later of: (i) the arrival of the Passenger Vehicle or Courier Services 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 Customer, we may treat the Booking as having been cancelled and charge a Cancellation Fee. In respect of  Courier Services only where neither the Collection Address nor Destination Address is a Restricted  Street, we will allow 5 minutes for loading at the Collection Address and 5 minutes for unloading at  the Destination Address, making an aggregate of 10 minutes, based on: (i) the later of the arrival of  the Courier Services vehicle at the Collection Address; or the booked time for collection; and (ii) the  arrival time at the Destination Address Where all Goods are not loaded at the Collection Address and  unloaded at the Destination Address within the aggregate of 10 minutes as set out in this clause 5.8  above, we reserve the right to charge the Customer a Waiting Time Charge, which will, for the  avoidance of doubt, commence after the expiry of the abovementioned aggregate of 10 minutes. 

5.9 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. 

5.10 The Customer 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 Customer, or its  employees, agents or subcontractors or any Passengers.

5.11 The Customer shall be liable for any damage caused by Passengers to any Passenger Vehicle. 

5.12 Subject to the following provisions of this clause 5, except in respect of death or personal injury  caused by our negligence, or that of our servants or agents, our liability to the Customer for loss  and/or damage caused by the negligence of us and/or our servants or agents, or otherwise which  arises out of or in connection with the provision of the Services or their use by the Customer shall be  limited as follows: 

5.12.1 in relation to the Services, our liability shall not exceed £100; 

5.12.2 in the case of lost or damaged Goods (including where relevant luggage of Customers  travelling in Passenger Vehicles), our liability shall not exceed £100 unless the Customer has notified  us that the Goods have a value in excess of £100 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. 

5.13 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 Customer signs a standard form disclaimer and  acknowledgement in respect of the same. 

5.14 We shall not be liable to the Customer 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. 

5.15 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) unless otherwise required by law.  

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

5.17 We shall not be liable to the Customer 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. 

5.18 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. 

5.19 The Customer acknowledges that the limitations on our liability as set out in this clause 5 are  fair and reasonable in the circumstances and have been taken into account and reflected in the level  of the Charges. 

5.20 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 Customer 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 Customer is in a rural or urban environment. We reserve the  right to suspend or terminate the location-based services at any time. In providing active location based services we comply with the “Industry Code of Practice for use of Mobile Phone Technology to  Provide Passive Services to the UK” (which sets principles of good practice for the provision of  passive and active location-based services), a copy of which can be found at  http://www.mobilebroadbandgroup.com. 

5.21 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. 

5.22 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. 

5.23 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 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. 

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

5.25 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. 

5.26 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. 

5.27 We reserve the right to amend these Terms. Notice of amendments to these Terms shall be  posted on Miniways Car Service’s website. 

5.28 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.

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