The following terms and conditions are the contract between you and C M Ejikeme & Sons Limited (‘we’, ‘our’ or ‘us’).
These terms apply to you, so far as the context allows to you as a visitor to our Website, or as a customer. They prevail over any terms proposed by you.
If you have any questions about our terms and conditions, please contact us.
| In this agreement: | |
| ‘Account’ | means the records on our Website relating to you and your transactions with us. |
| ‘Coach’ | means the coach, bus or other road vehicle or other means of transport provided by us as part of our service to you. |
| ‘Content’ | means the content that is encountered as part of your experience or that you contribute to our Website when visiting it. Content may include, among other things: text, images, sounds, videos and animations. |
| ‘Intellectual Property’ | means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights. |
| ‘Journey’ | means a travel itinerary on which we carry you, from a starting location to a final destination. |
| ‘Service’ | means any service we provide, including but not limited to transportation and associated services |
| ‘Ticket’ | means a reservation number entitling a person to carriage on a single Journey subject to certain conditions. |
| ‘our Website’ | means any website, webpage or service designed for electronic access that is owned or operated by us. |
In this agreement unless the context otherwise requires:
2.1. A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.3. Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
2.4. In this agreement references to a party include references to that person’s successors, legal representatives, permitted assigns and any person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.5. The headings to the paragraphs to this agreement do not affect the interpretation.
2.6. A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.7. In the context of permission, ‘may not’ in connection with an action of yours, means ‘must not’.
2.8. In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
2.9. This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3.1. Subject to these terms and conditions, we agree to sell you one or more Tickets at the prices we charge from time to time.
3.2. By agreeing to these terms, you also agree to our Conditions of Carriage.
3.3. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.4. So far as the law allows, all implied conditions, warranties and terms are excluded from this agreement.
3.5. In entering into this contract you have not relied on any representation, warranty, information or document or other term other than that given on our Website.
3.6. Where we provide a Ticket or a Service without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other for which a charge is made. Accordingly, there is neither contractual nor other obligation on us in respect of that Ticket or Service. However, you remain obligated under these terms and the Conditions of Carriage in respect of that Ticket or Service as far as they can be applied.
3.7. If in future you buy a Ticket or a Service from us under any arrangement that does not involve payment through our Website then these terms still apply so far as they can be applied.
3.8. If you use our Website in any way, including if you make an order on behalf of another person then you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.9. Should these terms conflict with any other information we provide on our Website or elsewhere, then you agree that these terms prevail.
3.10. We may change these terms from time to time. The terms that apply to you are those published on our Website on the day the contract between us is made.
4.1. You must be 18 years of age or over to buy a Ticket or Service, whether for yourself or someone else. You hereby confirm that you are over 18 years of age and that you have full legal authority to enter into this agreement.
4.2. In making an order, you acknowledge that you understand exactly what you order and you are satisfied it is suitable and satisfactory for your requirements.
4.3. Your order is an offer to buy from us.
4.4. The contract between us comes into existence when we write to you to confirm that we agree to provide to you with the Ticket or Service you requested. Your payment does not create a contract. If we decline to provide you with a Ticket or Service we shall immediately return your money to you.
4.5. Some Tickets and Services are now or may in future, be available to you only subject to additional terms set out on our Website. For example, use of a Ticket may be restricted to certain demographics or to certain dates. You now agree that if you use any such Service, the relevant terms will become part of this agreement.
4.6. We may provide a copy of all or some of those additional terms in a message or document that we send to you when we accept your booking. However, if we do not do so, or if we do not do so in full, then those additional terms still apply. We suggest that you print or copy all terms when you make a booking.
4.7. Additional terms may include a requirement by you to provide us with specific information or otherwise take a specific action within a certain time period. If you fail to do this, then we shall be entitled to full payment in any event.
4.8. When making a reservation on our website, it is your responsibility to check thoroughly the correctness and accuracy of the Journey itinerary of the Ticket you intend to order. Once we accept your order, we shall be under no obligation to make refunds except in the circumstances set out in these terms.
4.9. Every time you order Tickets or Services from us, the terms in force that apply to the contract between you and us are those published on our Website at that time.
4.10. The person who buys a Ticket or Service does not have to be the person who travels using that Ticket or who uses the Service.
4.11.Where one person buys a Ticket or Service for someone else, or where more than one person travels on the same Ticket, the buyer is deemed to have acted as agent for the others and accepts these terms on their behalf.
5.1. The price payable for a Ticket or Service that you order is clearly set out on our Website. Prices are quoted in pounds sterling (GBP or £).
5.2. The price of a Ticket or Service may be changed by us at any time. However, the amount you pay will be that on the day this contract comes into effect.
5.3. A booking fee is charged for each transaction. Multiple Tickets and Services can be ordered in a single transaction.
5.4. Prices are exclusive of value-added taxes (‘VAT’) because transportation services are exempt of VAT.
5.5. All Tickets are for a single Journey only. No additional saving is achieved by purchasing two single Tickets for a round trip.
6.1. We require you to pay in advance of receiving a Ticket or Service and at the time you order through our Website.
6.2. We do not accept payment by cheque or bank transfer.
6.3. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds sterling will be borne by you.
6.4. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
6.5. If we owe you money for any reason, we will return the amount owed to you as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
6.6. You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your payment provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our merchant service provider and second an additional sum of £100 to compensate us for the time we spend dealing with your breach. You agree that this provision is reasonable.
7.1. When we confirm our acceptance of your order, we will send you an email message and/or a text message that contains your Ticket number.
7.2. If you do not receive your confirmation email or text message within 24 hours of ordering, please contact us.
7.3. You must ensure that you carry the Ticket number either in printout or electronic form at all times when you are travelling. If you carry it in electronic form, please ensure your device has sufficient power for the Journey.
7.4. As we do not provide paper tickets, you must:
7.4.1 at checkout, provide us with the correct email address and telephone number to which you would like us to deliver the Ticket; and
7.4.2 notify us if you change the email address or telephone number prior to starting your Journey.
7.5. If you fail to give correct information, we shall not be responsible for failing to send you your Ticket or information about amendments and cancellations to your journey.
7.6. You are responsible for any additional charges made by your network service provider to receive a Ticket by text message.
7.7. We do not guarantee the performance of this service nor do we accept any liability for transmission delays or message failures.
8.1. If you have bought a Ticket for a Journey on a Service that has not yet started, you can amend the date and time of your Journey up to 24 hours before the Service starts.
8.2. We will charge you the difference between the price you have already paid and the price for the Journey you wish to amend the Ticket for. If the price of the amended Journey is lower than the price for the original Journey then we shall not be obliged to refund you the difference.
8.3. We may also charge you an amendment fee for each amended Ticket.
9.1. Occasionally there may be errors on our Website that relate to: a Ticket description, a Journey schedule or itinerary, Ticket pricing, promotions, offers, and availability.
9.2. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel reservation if any information in the Ticket is inaccurate at any time and without prior notice (including after you have submitted your order).
9.3. If we discover an error in a Ticket or Service you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Ticket at the correct price or cancelling your order.
9.4. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you, we do not have to provide the Ticket to you at the incorrectprice.
10.1. We reserve the right to alter a timetable, suspend, cancel or withdraw Services, or terminate a Service once it has started, with or without notice whether before or after you have bought a Ticket on the Service, and to substitute an alternative Service or refund the price you paidfor the Ticket and any transaction fees.
10.2. If an alteration occurs less than 14 days before your travel date you will be given a choice between booking a Ticket for an alternative Service or a full refund of the price you paid for the Ticket and any transaction fees.
11.1. Any termination of this agreement by this paragraph will be without prejudice to any other rights or remedies to which a party may be entitled.
11.2. This agreement may be terminated immediately:
11.2.1 by us if you breach any term of this agreement or our Conditions of Carriage; or
11.2.2 by you at any time, for any reason by sending notice to us by post or by email.
11.3. We reserve the right to check the validity of any request by you to terminate.
11.4. On termination by either party we no longer have any obligation to provide any Service to you.
12.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with Tickets and Services.
12.2. If you use our Website, you are responsible for maintaining the confidentiality of your Account and password and for preventing any unauthorised person from using your Account.
12.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
13.1. Any person of any age may freely access our Website. We do not check the age of our visitors nor moderate Content on the basis of age-related suitability.
13.2. We do not knowingly collect personal information from any person under the age of 18 years of age.
13.3. You agree that access to our Website by children in your care is provided by you. You agree that before providing access, you have checked that the Content your children might see is suitable for them.
13.4. You now agree to waive any claim you may otherwise have against us on account of age-related suitability of Content and to indemnify us against any claim made by any person on behalf of a child in your care.
14.1 We will defend our rights in all our Intellectual Property, including the rights in our Services, and our copyright in the Content of our Website whether provided by us or by any other party.
14.2 You may not use our name, logos or trademarks or any other Content on any website of yours or that of any other person.
14.3 You agree that at all times that you will:
14.3.1 not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it;
14.3.2 notify us of any suspected infringement of our Intellectual Property; and
14.3.3 without our express permission, not to:
14.3.3.1 copy or replicate it for use by any other person in any way not intended by us;
14.3.3.2 make any change to it or any part of it;
14.3.3.3 publish or store it on any website or cloud storage service, or otherwise allow any other person access to it;
14.3.3.4 create derivative works from it;
4.3.3.5 use it in any way in which it is not intended to be used; and
14.3.3.6 not to use it except directly in our interest.
15.1. You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
15.1.1 your failure to comply with the law of any country;
15.1.2 your breach of this agreement;
15.1.3 any act, neglect or default of yours or by any agent, employee, licensee or customer of yours or by your use of any Service;
15.1.4 a contractual claim arising from your use of any Service; and
15.1.5 a breach of the intellectual property rights of any person.
15.2. You agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £100 per hour without further proof.
16.2. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to any Service we sell or make available to you. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
16.3. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
16.4. We use our reasonable endeavours to confirm the accuracy of any information we place on this website. We make no warranties, whether express or implied in relation to its accuracy or completeness.
16.5. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our Website.
16.6. Our website may include content posted by third parties, including advertisements. We are not responsible for any such content. If you come across any content that offends you, please tell us.
16.7. This website may contain links to other websites over which we have no control of the nature, the content and the availability.
16.8. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying goods or services via such a website.
16.9. The inclusion of any links on this website does not necessarily imply a recommendation or endorse the views expressed on those to which we link.
16.10. This website is provided ‘as is’ and ‘as available’ without any representation made. We make no warranty as its usefulness to you, its satisfactory quality, its fitness for any purpose, the availability of any function of the website, the compatibility with your devices or software, privacy of any transmission, or security of use.
16.11. We aim to maintain access to our website, but from time to time it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
16.12. You acknowledge that access to our website may also be interrupted for many reasons beyond our control.
16.13. Accordingly, we make no warranty that this website will meet your requirements or that your use of it will be uninterrupted, timely or error-free.
16.14. Nor do we make any warranty that we will correct defects and errors, nor that the website or the server on which it is hosted are free of viruses or bugs.
16.15. We will not be responsible or liable to you for any loss, foreseeable or not, arising from any interruption of the availability of our website.
16.16. We shall not be liable to you in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) for any loss or expense arising out of or in connection with your use of this website, which is a special, indirect or consequential loss, or an economic loss or other loss of turnover, profits, contracts, business or goodwill.
This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
17.1. We make no representation or warranty in respect of any Service; its usefulness to you or its adequacy or appropriateness for a particular purpose; the correspondence of it with any description; or its availability or accessibility to you without interruption or error.
17.2. We shall not be liable to you for any loss or expense arising from your use of a Service which is an indirect or consequential loss; or an economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
17.3. It is your duty to:
17.3.1 mitigate any loss suffered by taking reasonable steps to ensure that, where possible, the loss does not increase; and
17.3.2 not take unreasonable steps that may increase the loss.
17.4. We shall meet our obligations under The Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013 (as amended) and the Regulation (EU) No. 181/2011 of 16 February 2011 (as amended).
17.5. Except where otherwise set out, our total liability to you, however it arises, shall not exceed the amount you have paid us for Tickets or Services in the immediately preceding three month period. This applies whether your case is based on contract, tort or any other basis in law.
17.6. No term of our agreement with you shall exclude or limit our liability for:
17.6.1 death or personal injury resulting from our negligence or that of our agents or employees;
17.6.2 fraud or fraudulent misrepresentation; and
17.6.3 anything else that cannot be excluded or limited by any applicable laws, regulations, regulatory requirements and codes of practice of any relevant jurisdiction, as amended and in force from time to time.
18.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
18.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
18.3. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
18.4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
18.5. If we do waive a default by you, we will notify you in writing. Waiver by us of one default by youdoes not mean that we will automatically waive any later default by you.
18.6. We may transfer our rights and obligations under this contract to another person, but doing so will not change your rights or obligations under these terms.
18.7. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
18.8. Any communication to be served on either party by the other shall be delivered by hand, sent by a recorded delivery postal service or by email. It shall be deemed to have been delivered: on the day of delivery if delivered by hand, or within 72 hours of posting if delivered by recorded post, or when an email message confirming receipt is sent if sent by email.
18.9. In the event of a dispute, you agree to undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
18.10. No party to this agreement shall be liable for any failure or delay in performance of this agreement that is caused by circumstances beyond their reasonable control, including any labour dispute between a party and their employees.
18.11. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies may be enforced under that Act.
18.12. The validity, construction and performance of this agreement shall be governed by the laws ofEngland and Wales.
