Terms & Conditions

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greentomatocars Terms and Conditions

These terms and conditions apply to the contract between you (the Customer) and greentomatocars when it provides car services to you.

The services provided by greentomatocars are actually provided by 2 different companies, one called Green Tomato Cars Limited (“GTC”) which offers the “classic” greentomatocars fleet service and one called Transdev London Limited (“TLL”) which provides the “lite” service. Further details explaining what the classic and lite services are (the Services) and the difference between them can be found at www.greentomatocars.com (the Website). As a result, these terms and conditions are divided into 5 sections, as follows:

- SECTION 1 – terms and conditions relating to our classic account services only, which includes pre-bookings and account services. These are provided under a contract between you and GTC;

- SECTION 2 – terms and conditions relating to our classic cash and credit card services. These are provided under a contract between you and GTC;

- SECTION 3 - terms and conditions relating to our lite service only. These are provided under a contract between you and TLL;

- SECTION 4 – terms and conditions relating to both our classic and lite services, applying to your contract with each/both of GTC and TLL; and

- SECTION 5 - explanation of pricing or how to obtain pricing information for each of our services.

Company information:

- Green Tomato Cars Limited has company number 05276431 and its registered address is Suite 3.11, QWest, 1110 Great West Road, Brentford, TW8 0GP.

- Transdev London Limited has company number 05839245 and its registered address is Suite 1.18, QWest, 1110 Great West Road, Brentford, TW8 0GP.

Please read these terms and conditions carefully. Your application to register an account and your continued use of the Website and/or our App will constitute your acceptance of these terms and conditions.

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SECTION 1 – GREENTOMATOCARS CLASSIC ACCOUNT SERVICES ONLY

1. General

1.1. In order to make bookings on account with greentomatocars, you need to open an account using our account application form.

1.2. Your account application form, once filled in and sent to GTC is an offer from the Customer to enter into a contract with GTC for the provision of the Services on an account basis. A contract will be concluded only upon issue by GTC to the Customer of written confirmation that the application has been accepted.

1.3. GTC reserves the right in its absolute discretion, and without giving reasons, to reject an account application and to decline to enter into a contract.

1.4. A contract shall only be concluded on the terms and conditions contained in this Section 1 and Sections 4 and 5 of these terms and conditions.

1.5. The Customer shall notify GTC of any change in the information provided on your account application form. Alterations take effect on the date shown in a confirmation notice issued by GTC to the Customer.

2. Bookings

2.1. Unless agreed otherwise, no bookings will be accepted by GTC unless the Customer’s PIN (Personal Identification Number) or Account Number is quoted. The Customer is responsible for ensuring that the PIN or Account Number is kept confidential and secure and that it is not disclosed to any unauthorised person. GTC is entitled to assume that any person who correctly quotes the Customer’s name and PIN or Account Number has authority to make the booking on behalf of the Customer.

2.2. The Customer is solely responsible for safeguarding the confidentiality of such information and shall be liable for the cost of all bookings made by any such person whether or not in fact authorised by it. GTC does not accept any liability for any unauthorised access to an account arising from a Customer’s failure to comply with clause 2.1. Should the customer request to waive the requirement for a PIN, this clause 2 will still apply as if a PIN had been requested and given accordingly.

3. Payment

3.1. Unless agreed otherwise, invoices are issued monthly to the address and relevant person indicated on the account application form, or fortnightly where pre-authorised payment has not been set up. Each invoice only covers bookings up to the date stated on it.

3.2. Settlement in full is due 30 days from the invoice date.

3.3. GTC reserves the right to charge interest on unpaid accounts at the base rate of Lloyds TSB Bank Plc plus 4% accruing on a daily basis and compounded on a six-monthly basis from the due date until full settlement. For companies that settle by invoice, we reserve the right to charge a late settlement fee of 5% of the amount of the invoice, should your invoice not be paid in accordance with the payment terms of your account.

3.4. Credit card customers have 14 day payment terms and are charged on the 15th of every month unless otherwise agreed.

3.5. The Customer shall pay to GTC any reasonable expenses (including those charged by any debt collection agency) together with all legal and court costs incurred in the collection of any overdue payment and the minimum charge in this respect shall be £10.

3.6. Pre-authorised payment can be set up by direct debit using the direct debit mandate provided with the application form, or by providing relevant credit card details.

3.7. Queries must be notified in writing to GTC within 30 days of receipt of the invoice after which date the Customer shall not be entitled to dispute the amount shown save for manifest or gross error.

3.8. Any deposit paid in connection with your account may be forfeit in the event of ongoing late payment of invoices..

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SECTION 2 – GREENTOMATOCARS CLASSIC CASH AND CREDIT CARD SERVICES ONLY

1. General

1.1. When you make a cash or credit card booking with greentomatocars classic service, GTC is acting as an agent between you and the driver. GTC offers your booking to a driver and when he accepts it, a contract is formed between you and the driver. That contract is subject to these terms and conditions.

1.2. In consideration for the driver carrying out your journey, you will pay that driver either directly by giving him cash or indirectly via GTC’s credit card payment mechanism.

1.3. Credit card payments shall be subject to a card handling fee of 4.5% of the fare, rounded up to the nearest 10 pence.

1.4. Cash and credit card bookings are not subject to VAT unless the driver carrying out your booking is VAT registered, in which case VAT will be charged in addition to the fare.

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SECTION 3 – LITE SERVICES ONLY

1. General

1.1. TLL is a technology company that puts drivers in touch with Customers via the greentomatocars mobile app (the App) in the form of the lite service.

1.2. Using the lite service, Customers can see where available drivers are located and request for a driver to carry out a journey for them.

1.3. Once a driver accepts a request from a Customer to carry out a journey, a contract is formed between the Customer and the driver. TLL is not a party to this contract and is therefore not the provider of private hire passenger services to the Customer, rather it is an agent acting as an intermediary between customer and driver.

1.4. Drivers have the right not to accept a booking request from a Customer, in which case the request will be passed on to the next closest driver as long as that driver is not further than 15 minutes away from the Customer.

1.5. Bookings can only be made through the App, the greentomatocars control room will not make any interventions into lite bookings and cannot be contacted by telephone in respect of lite bookings.

1.6. Any assistance required by the Customer for the delivery of the journey will be provided solely by the driver and not by any employee of greentomatocars.

1.7. The services provided to you by TLL are as follows:

1.7.1. Receiving bookings through the App and allocating the booking to the closest available driver;

1.7.2. Dealing with complaints (and other feedback) relating to jobs provided by drivers on the lite circuit.

1.7.3. Dealing with lost property on the lite circuit.

1.8. For complaints, lost property or any other enquiries, an email should be sent to [gtlite@greentomatocars.com]. The team will use reasonable efforts to respond to urgent enquiries within 12 hours and up to 48 hours for non-urgent enquiries.

2. Pricing, charges and credits

2.1. The price of a lite journey is set according to the Pricing set out in Section 5 below.

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SECTION 4 – CONDITIONS APPLYING TO ALL OF GREENTOMATOCARS’ SERVICES

The terms and conditions contained in this Section 4 shall apply to the Services and bookings provided by greentomatocars, whether by GTC or TLL, and as a result apply in all cases in addition to the relevant terms and conditions set out in Sections 1 to 3 above. References to ’greentomatocars’ in this section are therefore references to both GTC and TLL.

1. Extent of greentomatocars’ Liability

1.1. Any quoted pick up or journey times are best estimates only and whilst it uses reasonable efforts to convey passenger(s) to their destinations in the shortest possible time, greentomatocars shall have no liability if a pick up or journey time exceeds any estimate given or otherwise exceeds the Customer’s or the passenger(s)’ expectations for whatever reason, nor shall greentomatocars have any other liability to the Customer or the passenger(s) in connection with the time at which the passenger(s) reach or fail to reach the destination.

1.2. greentomatocars shall only be liable for losses suffered by a Customer that are a direct result of a breach by greentomatocars of these terms and conditions and, for the avoidance of doubt, greentomatocars shall have no liability for any damage, loss, costs, claims or expenses (whether foreseeable or not) incurred or suffered by the Customer or the passenger(s) (other than in the event of death or personal injury) by virtue of eventualities or occurrences acts or omissions including on the part of the driver outside of the reasonable control of greentomatocars.

1.3. It shall be for the Customer and/or the passenger(s) to ensure that valuable, unusual or any other items are covered by appropriate insurance. greentomatocars cannot entertain any claim for loss of or damage to any such items.

1.4. If greentomatocars cancels a booking it shall have no liability to the Customer or intended passenger(s) if it has used reasonable endeavours to fulfil the booking and to notify the Customer of the cancellation. In such an event, greentomatocars may, with the Customer’s consent, arrange for an alternative car service provider to fulfil the booking on its behalf.

1.5. If you are a business customer, please note that in particular, greentomatocars will not be liable to you for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

1.6. If you are a consumer customer you are only permitted to use the Website for domestic and private use, and not for any commercial or business purposes. greentomatocars accepts no liability for any loss of profit, loss of business, business interruption, loss of business opportunity or any indirect or consequential loss or damage.

1.7. Any claim or complaint, other than in respect of our lite service, shall be notified by the Customer to greentomatocars within 30 days of the date of the invoice containing the relevant booking for account bookings and within 30 days of the date of the journey for all non-account bookings.

1.8. Subject to the provisions of this clause 1 and except in the case of death or personal injury, greentomatocars’ aggregate liability arising from or in connection with the provision of the Services to its Customers under these terms and conditions shall not exceed £500.

2. Your use of the Website and the App

2.1. This clause 2 governs the Customer’s use of the Website (Terms of Use). greentomatocars may revise these Terms of Use at any time. Please check this page from time to time to take note of any changes that have been made because any use of the Website will constitute an acceptance of these Terms of Use.

2.2. greentomatocars may update the Website from time to time, and may change the content of the Website at any time. However, please note that any of the content on the Website may be out of date at any given time, and greentomatocars is under no obligation to update it.

2.3. greentomatocars does not guarantee that the Website, or any content on it, will be free from errors or omissions.

2.4. There is no guarantee that the Website, or any content on it, will always be available or uninterrupted. greentomatocars may suspend, withdraw, discontinue or change all or any part of the Website without notice and will not be liable to you if for any reason the Website is unavailable at any time or for any period.

2.5. You are responsible for making all arrangements necessary in order to have access to the Website and for ensuring that all persons who access the Website through your shared internet connection are aware of these Terms of Use, and that they comply with them.

2.6. We do not guarantee that the Website will be secure or free from bugs or viruses.

2.7. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

2.8. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

2.9. Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only and we have no control over the contents of those third party websites or resources.

2.10. You agree that by downloading the App or using the Website, you are bound by these terms and conditions.

2.11. greentomatocars grants you a non-exclusive, limited, non-transferable licence to download, install and use the App for personal use only and you agree not to use it or any other technology provided by greentomatocars in connection with the provision of the Services for any other purpose.

2.12. You must not license, assign, sell, distribute or in any way seek to benefit commercially from the Services provided by greentomatocars or any technology provided in association with delivering the Services, unless you have received our written consent to do so.

2.13. You agree not to do anything that would interfere with, disrupt, maliciously attack or in any way damage any greentomatocars technology, including but not limited to the Website, its booking and despatch system or the App.

2.14. You are not permitted to reverse engineer or attempt to reverse engineer the App or any other technology provided by greentomatocars in connection with the provision of the Services.

3. Your obligations

3.1. You agree:

3.1.1. To pay all charges arising out of your use of the Services which are in accordance with these terms and conditions, whether payment is by direct transfer, direct debit, cheque, credit card, debit card or cash;

3.1.2. not to use greentomatocars for any unlawful or illegal purpose and to comply with all applicable laws;

3.1.3. that all personal information provided to us in order to receive the Services is true, accurate and up-to-date;

3.1.4. not to do anything to damage the reputation of greentomatocars or any of its drivers;

3.1.5. to treat with respect and not be abusive or violent towards any greentomatocars employees, staff or other customers;

3.1.6. not to consume alcohol while in a car and we and/or the driver reserve the right to decline carriage to any person who, in our opinion, is intoxicated;

3.1.7. to be responsible at all times for your luggage and acknowledge that no liability is accepted for the loss or damage to any luggage that is transported;

3.1.8. to wear, and to ensure that the passenger(s) wear, a seatbelt at all times whilst travelling in our vehicles;

3.1.9. to indemnify greentomatocars against any claims, costs, damages, losses, liabilities and expenses (including reasonable legal fees and costs) that arise out of or in connection with a breach of these terms and conditions, any applicable law or your use or misuse of the Website, the App and/or the Services;

3.1.10. that if you cancel a booking outside the time allowed you will be liable for and will pay the cancellation fee;

3.1.11. that if you, or another passenger travelling with you under your booking, soils or damages the car you will be liable and will pay the greater of our minimum cleaning and repair charge of £50 or the amount it costs for the driver or GTC to make good the damage caused;

3.1.12. that if your credit/debit card details are stored by greentomatocars, it may charge cancellation or cleaning charges pursuant to clauses 3.1.10 and 3.1.11to that credit/debit card; and

3.1.13. greentomatocars has the right to sub-contract services provided to nominated third parties.

4. Booking confirmation and cancellation

4.1. greentomatocars may in its absolute discretion without liability and without giving reasons refuse to accept any booking.

4.2. All accepted bookings are confirmed at the time of the booking by one or more of the following methods – SMS, email, oral confirmation or the screen on the App. The Customer is liable for all applicable charges incurred from the time when the vehicle is assigned to the booking until completion of the assignment or, if sooner, cancellation.

4.3. Customers may cancel their bookings in the following ways:

4.3.1. For classic services, by calling the call centre, online or through the App; and

4.3.2. For lite services, bookings can only be cancelled through the App.

4.4. In the event of cancellation by the Customer or passenger(s), the Customer may be liable for cancellation charges which are set out in the extra charges section for journeys provided by GTC and on the Lite section of the App for journeys provided by TLL. The liability of GTC in the event of cancellation is set out at clause 1.4 of this Section 4 (Extent of greentomatocars’ Liability).

5. Charges

5.1. Charges for each service type will be made on the basis of the Pricing explained at SECTION 5 of these terms and conditions. Items and bases of charging include, but are not limited to:

5.1.1. A minimum fixed charge for every hiring.

5.1.2. A charge for waiting time over a set threshold will be applicable as detailed in the extra charges section

5.1.3. In the event of a vehicle being soiled by a passenger, a ‘soiling charge’ will be applied. For details please see thecharges section

5.1.4. An administration charge may be charged to your account.

5.1.5. VAT as appropriate.

5.2. greentomatocars may offer free journeys, discounts and other credits as part of marketing promotions. In the event that greentomatocars reasonably believes that a credit has been obtained fraudulently, illegally or in violation of these terms and conditions, it can in its sole discretion remove the credit from your account.

5.3. We will review our prices from time to time and may vary them. We will advise account customers in writing before making any change to our prices which is higher than inflation (according to the Bank of England’s latest published rates).

6. Alteration to these Terms & Conditions

greentomatocars reserves the right to alter or vary these terms and conditions in any respect at its absolute discretion. Notice of a change of these terms and conditions will be deemed served to account customers by sending an email notifying them of the relevant alterations and the date upon which such alterations take effect. Notice of change of these terms and conditions will be deemed served to all other customers by the posting of a notice on the greentomatocars website. We suggest that you print and obtain a copy of these terms and conditions for your records.

7. Privacy and cookies

This section explains how we collect, store and use your personal data.

7.1. Under the Data Protection Act 1998, greentomatocars is the data controller.

7.2. greentomatocars will collect and process a variety of information about you, including but not limited to your name, home address, telephone number, email address, details of journeys you have taken with us, complaints you have made, visits to our website and/or usage of our app, IP addresses and browser types from which you have accessed our website, mobile operating systems and location data.

7.3. greentomatocars will not disclose your personal information unless and only to the extent, and in such manner, as indicated in these terms and conditions, or as required by any law or regulatory body.

7.4. greentomatocars will use your personal information to provide the Services, inform you of offers and promotions relating to our business, notify you of changes to these terms and conditions and generally where we reasonably believe that to contact you will enhance your experience of our service. greentomatocars will also not bombard you with endless emails. However, when we have any relevant offers we will let you know by email, push notifications or SMS notifications.

7.5. We promise not to share your email address or personal information with other people or companies outside of our group of companies; however we may share aggregated and anonymised data of which your data may form a part with third parties.

7.6. We will store your data on secure servers and payment information will be processed and stored using encryption software.

7.7. If you have already registered with greentomatocars and would no longer like to receive updates or the promotional information as described in clause 7.4 above , just click on the unsubscribe link in the last email you have received or email marketing@greentomatocars.com.

7.8. For journeys paid for by credit card, you agree that greentomatocars may carry out pre-authorisation checks on the credit card and in the event that such checks fail, has the right not to provide you with the Services.

7.9. As part of the provision of the Service we sometimes use location-tracking technology, which collects various data, including your location. We store this data on secure servers.. You may choose to turn off location services on the App, but if you do so certain services will not be available to you. If you do not turn off the location services on the App, by using the App and accepting these terms and conditions you consent to us collecting location data about you.

7.10. Cookies: Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to access all or parts of our Website.

7.10.1. What cookies data do we collect? Our website uses Google Analytics, a service that collects anonymous usage statistics to help us improve our service. For a full break-down of this data please see below.

7.10.2. What data do we store in cookies?

The following cookies are being created on our domain:

7.10.2.1. Name: PHPSESSID

Typical content: randomly generated numbers & lettersExpires: end of browser session

7.10.2.2. Name: _utma

Typical content: randomly generated numberExpires: 2 years

7.10.2.3. Name: _utmb

Typical content: randomly generated numberExpires: 30 minutes

7.10.2.4. Name: _utmc

Typical content: randomly generated numberExpires: end of browser session

7.10.2.5. Name: _utmz

Typical content: randomly generated number + info on how the site was reached (e.g. directly or via a link, organic search or paid search)Expires: 6 months

By using the Website, you expressly agree to the use of cookies as described above.

8. Intellectual Property Ownership

8.1. greentomatocars (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, the App and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, the App or the Services.

8.2. These terms and conditions do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the App or the Services, or any intellectual property rights owned by greentomatocars.

8.3. greentomatocars’ name, logo and the product names associated with the App and the Services are trademarks of greentomatocars or third parties, and no right or license is granted to use them other than to use our Services in accordance with these terms and conditions.

9. Termination of Account

9.1. Business and credit/debit card accounts are terminable by either party in writing on seven days’ notice at any time without any reason being given and may also with immediate effect be terminated by greentomatocars without notice at any time if any amount is due and unpaid by the Customer.

9.2. greentomatocars may suspend your access to the Services at any time without notice to you if we reasonably believe that you have breached these terms and conditions.

9.3. Upon termination of the account for whatever reasons all sums payable to or chargeable by greentomatocars, or otherwise appearing on the Customer’s account, shall become immediately due and payable in full if not already due and payable.

10. No waiver

It is understood and agreed that any failure by us or you in exercising any right, power or privilege under these terms and conditions will not act as a waiver under this letter nor will any single or partial exercise of the right preclude any further exercise of any right, power or privilege.

11. Severance

If any part of these terms and conditions are found to be unlawful, invalid or unenforceable, that part shall be deemed to be deleted and the remaining terms and conditions shall not be affected and shall continue to apply in full.

12. Third party rights

No rights shall arise under or in connection with these terms and conditions to any person who is not a party to them.

13. Assignment

The contract between you and GTC and/or TLL is personal to you and you may not assign your rights under these terms and conditions without our prior written consent.

14. Applicable Law

The laws of England and Wales apply to these terms and conditions and any dispute relating to the provision of services by greentomatocars shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

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SECTION 5 – PRICING

1) ACCOUNT PRICING - For reasons of competitive sensitivity we are not able to publish our prices online. Should you require information about your prices at any time, please contact our Client Relations Department.

2) CLASSIC CASH AND CREDIT CARD PRICING - greentomatocars prices on a postcode to postcode basis. A price for your journey will be provided automatically at the time of booking for App or online bookings. For telephone bookings, please request a price from the person taking the booking.

Our cancellation policy is as follows:

  • For bookings within the North South Circular a minimum of 30 mins notice required to cancel the booking without charge. If less than 30 minutes notice given, e.g. 25 mins and the booking is NOT allocated to a driver then no Cancel on Arrivals charge. If allocated then a cancellation charge will be due
  • For bookings outside the North/South Ciruclar, 1 hours’ notice is required. If less than 1 hours notice is given and the booking has not been allocated to a driver then no Cancel on Arrivals charge due. If allocated then a cancellation charge will be due
  • For bookings outside the M25, then a minimum of 3 hours notice is required. If less than 3 hours notice is given and the booking has not been allocated to a driver then no Cancel on Arrivals charge due. If allocated and the driver is at the pickup point then a full fee cancellation charge will be made. If driver on route then depending on how far they’ve driven either a Cancel on Arrivals charge or a full fare cancellation will be made

As soon as possible cancellations

A cancellation charge applies if you book a car for as soon as possible, and you cancel it after the driver is allocated to your booking. If you have left a mobile as your contact number, you will receive a text at this point, stating that your driver is on the way. It is after this point that a cancellation fee applies. The cancellation fee will be the same as the minimum fare that would otherwise have been payable for the journey.

Please note that waiting time applies to cancelled bookings if the car is cancelled after the pick-up time.

3) LITE PRICING

Pricing for the Lite service is as follows:

Base fare £2.50

+ per mile cost of £1.50

+ per minute cost of 20 pence

Minimum fare

£5

Cancellation fees

In the event that you cancel your car more than 5 minutes after making the booking, you will be charged a cancellation fee of £5

SECTION 1 GREENTOMATOCARS CLASSIC ACCOUNT SERVICES ONLY

1. General

1.1. In order to make bookings on account with greentomatocars, you need to open an account using our account application form.

1.2. Your account application form, once filled in and sent to GTC is an offer from the Customer to enter into a contract with GTC for the provision of the Services on an account basis. A contract will be concluded only upon issue by GTC to the Customer of written confirmation that the application has been accepted.

1.3. GTC reserves the right in its absolute discretion, and without giving reasons, to reject an account application and to decline to enter into a contract.

1.4. A contract shall only be concluded on the terms and conditions contained in this Section 1 and Sections 4 and 5 of these terms and conditions.

1.5. The Customer shall notify GTC of any change in the information provided on your account application form. Alterations take effect on the date shown in a confirmation notice issued by GTC to the Customer.

2. Bookings

2.1. Unless agreed otherwise, no bookings will be accepted by GTC unless the Customer’s PIN (Personal Identification Number) or Account Number is quoted. The Customer is responsible for ensuring that the PIN or Account Number is kept confidential and secure and that it is not disclosed to any unauthorised person. GTC is entitled to assume that any person who correctly quotes the Customer’s name and PIN or Account Number has authority to make the booking on behalf of the Customer.

2.2. The Customer is solely responsible for safeguarding the confidentiality of such information and shall be liable for the cost of all bookings made by any such person whether or not in fact authorised by it. GTC does not accept any liability for any unauthorised access to an account arising from a Customer’s failure to comply with clause 2.1. Should the customer request to waive the requirement for a PIN, this clause 2 will still apply as if a PIN had been requested and given accordingly.

3. Payment

3.1. Unless agreed otherwise, invoices are issued monthly to the address and relevant person indicated on the account application form, or fortnightly where pre-authorised payment has not been set up. Each invoice only covers bookings up to the date stated on it.

3.2. Settlement in full is due 30 days from the invoice date.

3.3. GTC reserves the right to charge interest on unpaid accounts at the base rate of Lloyds TSB Bank Plc plus 4% accruing on a daily basis and compounded on a six-monthly basis from the due date until full settlement. For companies that settle by invoice, we reserve the right to charge a late settlement fee of 5% of the amount of the invoice, should your invoice not be paid in accordance with the payment terms of your account.

3.4. Credit card customers have 14 day payment terms and are charged on the 15th of every month unless otherwise agreed.

3.5. The Customer shall pay to GTC any reasonable expenses (including those charged by any debt collection agency) together with all legal and court costs incurred in the collection of any overdue payment and the minimum charge in this respect shall be £10.

3.6. Pre-authorised payment can be set up by direct debit using the direct debit mandate provided with the application form, or by providing relevant credit card details.

3.7. Queries must be notified in writing to GTC within 30 days of receipt of the invoice after which date the Customer shall not be entitled to dispute the amount shown save for manifest or gross error.

3.8. Any deposit paid in connection with your account may be forfeit in the event of ongoing late payment of invoices.

SECTION 3 LITE SERVICES ONLY

1. General

1.1. TLL is a technology company that puts drivers in touch with Customers via the greentomatocars mobile app (the App) in the form of the lite service.

1.2. Using the lite service, Customers can see where available drivers are located and request for a driver to carry out a journey for them.

1.3. Once a driver accepts a request from a Customer to carry out a journey, a contract is formed between the Customer and the driver. TLL is not a party to this contract and is therefore not the provider of private hire passenger services to the Customer, rather it is an agent acting as an intermediary between customer and driver.

1.4. Drivers have the right not to accept a booking request from a Customer, in which case the request will be passed on to the next closest driver as long as that driver is not further than 15 minutes away from the Customer.

1.5. Bookings can only be made through the App, the greentomatocars control room will not make any interventions into lite bookings and cannot be contacted by telephone in respect of lite bookings.

1.6. Any assistance required by the Customer for the delivery of the journey will be provided solely by the driver and not by any employee of greentomatocars.

1.7. The services provided to you by TLL are as follows:

1.7.1. Receiving bookings through the App and allocating the booking to the closest available driver;

1.7.2. Dealing with complaints (and other feedback) relating to jobs provided by drivers on the lite circuit.

1.7.3. Dealing with lost property on the lite circuit.

1.8. For complaints, lost property or any other inquiries, an email should be sent to the Lite team The team will use reasonable efforts to respond to urgent inquiries within 12 hours and up to 48 hours for non-urgent inquiries.

2. Pricing, charges and credits

2.1. The price of a lite journey is set according to the Pricing set out in Section 5 below.

SECTION 4 CONDITIONS APPLYING TO ALL OF GREENTOMATOCARS’ SERVICES

The terms and conditions contained in this Section 4 shall apply to the Services and bookings provided by greentomatocars, whether by GTC or TLL, and as a result apply in all cases in addition to the relevant terms and conditions set out in Sections 1 to 3 above. References to ’greentomatocars’ in this section are therefore references to both GTC and TLL.

1. Extent of greentomatocars’ Liability

1.1. Any quoted pick up or journey times are best estimates only and whilst it uses reasonable efforts to convey passenger(s) to their destinations in the shortest possible time, greentomatocars shall have no liability if a pick up or journey time exceeds any estimate given or otherwise exceeds the Customer’s or the passenger(s)’ expectations for whatever reason, nor shall greentomatocars have any other liability to the Customer or the passenger(s) in connection with the time at which the passenger(s) reach or fail to reach the destination.

1.2. greentomatocars shall only be liable for losses suffered by a Customer that are a direct result of a breach by greentomatocars of these terms and conditions and, for the avoidance of doubt, greentomatocars shall have no liability for any damage, loss, costs, claims or expenses (whether foreseeable or not) incurred or suffered by the Customer or the passenger(s) (other than in the event of death or personal injury) by virtue of eventualities or occurrences acts or omissions including on the part of the driver outside of the reasonable control of greentomatocars.

1.3. It shall be for the Customer and/or the passenger(s) to ensure that valuable, unusual or any other items are covered by appropriate insurance. greentomatocars cannot entertain any claim for loss of or damage to any such items.

1.4. If greentomatocars cancels a booking it shall have no liability to the Customer or intended passenger(s) if it has used reasonable endeavours to fulfil the booking and to notify the Customer of the cancellation. In such an event, greentomatocars may, with the Customer’s consent, arrange for an alternative car service provider to fulfil the booking on its behalf.

1.5. If you are a business customer, please note that in particular, greentomatocars will not be liable to you for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

1.6. If you are a consumer customer you are only permitted to use the Website for domestic and private use, and not for any commercial or business purposes. greentomatocars accepts no liability for any loss of profit, loss of business, business interruption, loss of business opportunity or any indirect or consequential loss or damage.

1.7. Any claim or complaint, other than in respect of our lite service, shall be notified by the Customer to greentomatocars within 30 days of the date of the invoice containing the relevant booking for account bookings and within 30 days of the date of the journey for all non-account bookings.

1.8. Subject to the provisions of this clause 1 and except in the case of death or personal injury, greentomatocars’ aggregate liability arising from or in connection with the provision of the Services to its Customers under these terms and conditions shall not exceed £500.

2. Your use of the Website and the App

2.1. This clause 2 governs the Customer’s use of the Website (Terms of Use). greentomatocars may revise these Terms of Use at any time. Please check this page from time to time to take note of any changes that have been made because any use of the Website will constitute an acceptance of these Terms of Use.

2.2. greentomatocars may update the Website from time to time, and may change the content of the Website at any time. However, please note that any of the content on the Website may be out of date at any given time, and greentomatocars is under no obligation to update it.

2.3. greentomatocars does not guarantee that the Website, or any content on it, will be free from errors or omissions.

2.4. There is no guarantee that the Website, or any content on it, will always be available or uninterrupted. greentomatocars may suspend, withdraw, discontinue or change all or any part of the Website without notice and will not be liable to you if for any reason the Website is unavailable at any time or for any period.

2.5. You are responsible for making all arrangements necessary in order to have access to the Website and for ensuring that all persons who access the Website through your shared internet connection are aware of these Terms of Use, and that they comply with them.

2.6. We do not guarantee that the Website will be secure or free from bugs or viruses.

2.7. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

2.8. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

2.9. Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only and we have no control over the contents of those third party websites or resources.

2.10. You agree that by downloading the App or using the Website, you are bound by these terms and conditions.

2.11. greentomatocars grants you a non-exclusive, limited, non-transferable licence to download, install and use the App for personal use only and you agree not to use it or any other technology provided by greentomatocars in connection with the provision of the Services for any other purpose.

2.12. You must not license, assign, sell, distribute or in any way seek to benefit commercially from the Services provided by greentomatocars or any technology provided in association with delivering the Services, unless you have received our written consent to do so.

2.13. You agree not to do anything that would interfere with, disrupt, maliciously attack or in any way damage any greentomatocars technology, including but not limited to the Website, its booking and dispatch system or the App.

2.14. You are not permitted to reverse engineer or attempt to reverse engineer the App or any other technology provided by greentomatocars in connection with the provision of the Services.

3. Your obligations

3.1. You agree:

3.1.1. To pay all charges arising out of your use of the Services which are in accordance with these terms and conditions, whether payment is by direct transfer, direct debit, cheque, credit card, debit card or cash;

3.1.2. not to use greentomatocars for any unlawful or illegal purpose and to comply with all applicable laws;

3.1.3. that all personal information provided to us in order to receive the Services is true, accurate and up-to-date;

3.1.4. not to do anything to damage the reputation of greentomatocars or any of its drivers;

3.1.5. to treat with respect and not be abusive or violent towards any greentomatocars employees, staff or other customers;

3.1.6. not to consume alcohol while in a car and we and/or the driver reserve the right to decline carriage to any person who, in our opinion, is intoxicated;

3.1.7. to be responsible at all times for your luggage and acknowledge that no liability is accepted for the loss or damage to any luggage that is transported;

3.1.8. to wear, and to ensure that the passenger(s) wear, a seatbelt at all times whilst travelling in our vehicles;

3.1.9. to indemnify greentomatocars against any claims, costs, damages, losses, liabilities and expenses (including reasonable legal fees and costs) that arise out of or in connection with a breach of these terms and conditions, any applicable law or your use or misuse of the Website, the App and/or the Services;

3.1.10. that if you cancel a booking outside the time allowed you will be liable for and will pay the cancellation fee;

3.1.11. that if you, or another passenger travelling with you under your booking, soils or damages the car you will be liable and will pay the greater of our minimum cleaning and repair charge of £50 or the amount it costs for the driver or GTC to make good the damage caused;

3.1.12. that if your credit/debit card details are stored by greentomatocars, it may charge cancellation or cleaning charges pursuant to clauses 3.1.10 and 3.1.11to that credit/debit card; and

3.1.13. greentomatocars has the right to sub-contract services provided to nominated third parties.

4. Booking confirmation and cancellation

4.1. greentomatocars may in its absolute discretion without liability and without giving reasons refuse to accept any booking.

4.2. All accepted bookings are confirmed at the time of the booking by one or more of the following methods – SMS, email, oral confirmation or the screen on the App. The Customer is liable for all applicable charges incurred from the time when the vehicle is assigned to the booking until completion of the assignment or, if sooner, cancellation.

4.3. Customers may cancel their bookings in the following ways:

4.3.1. For classic services, by calling the call centre, online or through the App; and

4.3.2. For lite services, bookings can only be cancelled through the App.

4.4. In the event of cancellation by the Customer or passenger(s), the Customer may be liable for cancellation charges which are set out in the extra CHARGES section for journeys provided by GTC and on the Lite section of the App for journeys provided by TLL. The liability of GTC in the event of cancellation is set out at clause 1.4 of this Section 4 (Extent of greentomatocars’ Liability).

5. Charges

5.1. Charges for each service type will be made on the basis of the Pricing explained at SECTION 5 of these terms and conditions. Items and bases of charging include, but are not limited to:

5.1.1. A minimum fixed charge for every hiring.

5.1.2. A charge for waiting time over a set threshold will be applicable as detailed in the CHARGES section

5.1.3. In the event of a vehicle being soiled by a passenger, a ‘soiling charge’ will be applied. For details please see our CHARGES section

5.1.4. An administration charge may be charged to your account.

5.1.5. VAT as appropriate.

5.2. greentomatocars may offer free journeys, discounts and other credits as part of marketing promotions. In the event that greentomatocars reasonably believes that a credit has been obtained fraudulently, illegally or in violation of these terms and conditions, it can in its sole discretion remove the credit from your account.

5.3. We will review our prices from time to time and may vary them. We will advise account customers in writing before making any change to our prices which is higher than inflation (according to the Bank of England’s latest published rates).

6. Alteration to these Terms & Conditions

greentomatocars reserves the right to alter or vary these terms and conditions in any respect at its absolute discretion. Notice of a change of these terms and conditions will be deemed served to account customers by sending an email notifying them of the relevant alterations and the date upon which such alterations take effect. Notice of change of these terms and conditions will be deemed served to all other customers by the posting of a notice on the greentomatocars website. We suggest that you print and obtain a copy of these terms and conditions for your records.

7. Privacy and cookies

This section explains how we collect, store and use your personal data.

7.1. Under the Data Protection Act 1998, greentomatocars is the data controller.

7.2. greentomatocars will collect and process a variety of information about you, including but not limited to your name, home address, telephone number, email address, details of journeys you have taken with us, complaints you have made, visits to our website and/or usage of our app, IP addresses and browser types from which you have accessed our website, mobile operating systems and location data.

7.3. greentomatocars will not disclose your personal information unless and only to the extent, and in such manner, as indicated in these terms and conditions, or as required by any law or regulatory body.

7.4. greentomatocars will use your personal information to provide the Services, inform you of offers and promotions relating to our business, notify you of changes to these terms and conditions and generally where we reasonably believe that to contact you will enhance your experience of our service. greentomatocars will also not bombard you with endless emails. However, when we have any relevant offers we will let you know by email, push notifications or SMS notifications.

7.5. We promise not to share your email address or personal information with other people or companies outside of our group of companies; however we may share aggregated and anonymised data of which your data may form a part with third parties.

7.6. We will store your data on secure servers and payment information will be processed and stored using encryption software.

7.7. If you have already registered with greentomatocars and would no longer like to receive updates or the promotional information as described in clause 7.4 above , just click on the unsubscribe link in the last email you have received or email MARKETING.

7.8. For journeys paid for by credit card, you agree that greentomatocars may carry out pre-authorisation checks on the credit card and in the event that such checks fail, has the right not to provide you with the Services.

7.9. As part of the provision of the Service we sometimes use location-tracking technology, which collects various data, including your location. We store this data on secure servers.. You may choose to turn off location services on the App, but if you do so certain services will not be available to you. If you do not turn off the location services on the App, by using the App and accepting these terms and conditions you consent to us collecting location data about you.

7.10. Cookies: Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to access all or parts of our Website.

7.10.1. What cookies data do we collect? Our website uses Google Analytics, a service that collects anonymous usage statistics to help us improve our service. For a full break-down of this data please see below.

7.10.2. What data do we store in cookies?

The following cookies are being created on our domain:

7.10.2.1. Name: PHPSESSID

Typical content: randomly generated numbers & lettersExpires: end of browser session

7.10.2.2. Name: _utma

Typical content: randomly generated numberExpires: 2 years

7.10.2.3. Name: _utmb

Typical content: randomly generated numberExpires: 30 minutes

7.10.2.4. Name: _utmc

Typical content: randomly generated numberExpires: end of browser session

7.10.2.5. Name: _utmz

Typical content: randomly generated number + info on how the site was reached (e.g. directly or via a link, organic search or paid search)Expires: 6 months

By using the Website, you expressly agree to the use of cookies as described above.

8. Intellectual Property Ownership

8.1. greentomatocars (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, the App and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, the App or the Services.

8.2. These terms and conditions do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the App or the Services, or any intellectual property rights owned by greentomatocars.

8.3. greentomatocars’ name, logo and the product names associated with the App and the Services are trademarks of greentomatocars or third parties, and no right or license is granted to use them other than to use our Services in accordance with these terms and conditions.

9. Termination of Account

9.1. Business and credit/debit card accounts are terminable by either party in writing on seven days’ notice at any time without any reason being given and may also with immediate effect be terminated by greentomatocars without notice at any time if any amount is due and unpaid by the Customer.

9.2. greentomatocars may suspend your access to the Services at any time without notice to you if we reasonably believe that you have breached these terms and conditions.

9.3. Upon termination of the account for whatever reasons all sums payable to or chargeable by greentomatocars, or otherwise appearing on the Customer’s account, shall become immediately due and payable in full if not already due and payable.

10. No waiver

It is understood and agreed that any failure by us or you in exercising any right, power or privilege under these terms and conditions will not act as a waiver under this letter nor will any single or partial exercise of the right preclude any further exercise of any right, power or privilege.

11. Severance

If any part of these terms and conditions are found to be unlawful, invalid or unenforceable, that part shall be deemed to be deleted and the remaining terms and conditions shall not be affected and shall continue to apply in full.

12. Third party rights

No rights shall arise under or in connection with these terms and conditions to any person who is not a party to them.

13. Assignment

The contract between you and GTC and/or TLL is personal to you and you may not assign your rights under these terms and conditions without our prior written consent.

14. Applicable Law

The laws of England and Wales apply to these terms and conditions and any dispute relating to the provision of services by greentomatocars shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

SECTION 5 PRICING

1) ACCOUNT PRICING - For reasons of competitive sensitivity we are not able to publish our prices online. Should you require information about your prices at any time, please contact our Client Relations Department.

2) CLASSIC CASH AND CREDIT CARD PRICING - greentomatocars prices on a postcode to postcode basis. A price for your journey will be provided automatically at the time of booking for App or online bookings. For telephone bookings, please request a price from the person taking the booking.

Our cancellation policy is as follows:

For bookings within the North South Circular a minimum of 30 mins notice required to cancel the booking without charge. If less than 30 minutes notice given, e.g. 25 mins and the booking is NOT allocated to a driver then no Cancel on Arrivals charge. If allocated then a cancellation charge will be due

For bookings outside the North/South Ciruclar, 1 hours’ notice is required. If less than 1 hours notice is given and the booking has not been allocated to a driver then no Cancel on Arrivals charge due. If allocated then a cancellation charge will be due

For bookings outside the M25, then a minimum of 3 hours notice is required. If less than 3 hours notice is given and the booking has not been allocated to a driver then no Cancel on Arrivals charge due. If allocated and the driver is at the pickup point then a full fee cancellation charge will be made. If driver on route then depending on how far they’ve driven either a Cancel on Arrivals charge or a full fare cancellation will be made

As soon as possible cancellations

A cancellation charge applies if you book a car for as soon as possible, and you cancel it after the driver is allocated to your booking. If you have left a mobile as your contact number, you will receive a text at this point, stating that your driver is on the way. It is after this point that a cancellation fee applies. The cancellation fee will be the same as the minimum fare that would otherwise have been payable for the journey.

Please note that waiting time applies to cancelled bookings if the car is cancelled after the pick-up time.

3) LITE PRICING

Pricing for the Lite service is as follows:

Base fare £2.50

+ per mile cost of £1.50

+ per minute cost of 20 pence

Minimum fare

£5

Cancellation fees

In the event that you cancel your car more than 5 minutes after making the booking, you will be charged a cancellation fee of £5

ANY QUESTIONS?
Please contact the Sales Team sales@greentomatocars.com if you have any questions regarding your application and the different methods of payment.
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NEED ANY HELP?
Feel free to contact one of our Sales Gurus at sales@greentomatocars.com or call us on 020 8166 8329