PLEASE NOTE:

On the 6 December 2021 the Divisional Court stated:

“.....in order to operate lawfully under the Private Hire Vehicles (London) Act 1998 a licensed operator who accepts a booking from a passenger is required to enter as principal into a contractual obligation with the passenger to provide the journey which is the subject of the booking.”


Regulation 9(14) of the Private Hire Vehicles (London) (Operators' Licences) Regulations 2000 now states:

“The operator shall enter into a contractual obligation as principal with the person making the private hire booking to provide the journey which is the subject of the booking and any such contractual obligation must be consistent with the 1998 Act and these Regulations.”

ABOUT US:

Fourstar Minicabs Ltd provides minicab services under an Operator’s Licence (#7349) within the guidelines established by the Department of Transport. All the vehicles meet the licensing and roadworthiness specifications which govern the industry. All drivers provided by Fourstar Minicabs Ltd are qualified and competent to drive TFL approved & licensed vehicles.

KEY PRINCIPLES

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR
REQUESTING THE SERVICES MADE AVAILABLE TO YOU VIA FOURSTAR
MINICABS LTD WEBSITE AS THEY INCLUDE IMPORTANT INFORMATION ABOUT
THE SERVICES, YOUR RIGHTS AND OTHER IMPORTANT INFORMATION.

These Terms cover your use of Transportation Services; you are contracting directly with Fourstar Minicabs Ltd for the provision of these services.

In order to provide Transportation Services, Fourstar Minicabs Ltd accepts Bookings as a private hire vehicle operator (under the relevant private hire vehicle operating licence) for the purposes of private hire legislation and regulation in the UK.

1.0 Definitions

1.1 ‘Conditions’ means the Terms and Conditions under which the Company provides minicab services

1.2 ‘Company’ means Fourstar Minicabs Ltd.

1.3 ‘Client’/‘Hirer’/’Customer’/’Passenger’ means the organisation, individual, or agent who contracts the services / the person or persons being carried by the transport vehicle.

1.5 ‘Reservation’/ ‘Booking’ mean the specification of the requirement from the Client to the Company.

1.6 ‘Tariff’ means the agreed set price which is defined by the Company to its Client.

1.7 ‘Price’ means an agreed cost of hire for a transport vehicle to a Client.

1.8 ‘Private Hire’ means a Client who may hire the transport vehicle on an ad hoc basis

1.9 ‘Agency’ means a Client who contracts on an annual basis for the provision of minicab services at an agreed tariff.

1.10 ‘Regulations’ means that the Company provides minicab services based upon either British Domestic Regulations or European Community Regulations.

1.11 ‘Contract’ means the agreement between the Company and the Client.

1.12 ‘Transportation Service” means the provision of the passenger journey which is the subject of a booking accepted by Fourstar Minicabs Ltd as set out in these Terms

2.0 Alterations to the Terms & Conditions

The Company reserves the right to alter or vary these terms and conditions at its absolute discretion upon giving reasonable notice to the Customer and without prejudice to the generality or the aforesaid the Company reserves the right to change the charges. No representations made or variations in or additions to these terms and conditions or warranty given by any person acting or purporting to act on behalf of the Company shall have any force or effect whatsoever unless confirmed in writing by an authorised officer of the Company.

3.0 Termination

In the event of the Customer being in breach of any of the terms and/or conditions of this Agreement the Company shall have the right (without prejudice to any other rights it may have) to terminate this Agreement or suspend provision of the Services, or suspend the Customer’s account facility, forthwith and without notice.

4.0 Contract

4.1 These conditions apply whether a contract has been made verbally or in writing.

4.2 The company will ONLY accept instructions from the hirer.

4.3 The Company receives the enquiry for minicab services from the Client in writing, email or phone call and responds to the Client in writing, email or phone call with the price and details of the reservation.

4.4 Quotations are given on the basis of the most direct route and on information provided by the hirer. The route used will be at the discretion of the company unless it has been particularly specified by the hirer in which case it will be clearly shown on the confirmation.

4.5 All quotations are given subject to the company having available a suitable vehicle at the time the hirer accepts the quotation.

4.6 The company provides an approximate fare.

4.7 If the hirer wishes to cancel any agreement, this must be confirmed in writing, email or phone call directly with the Company, either the relevant tariff terms or conditions will apply or the applicable scale of charges will apply in relation to the total hire charge.

4.8 Fourstar Minicabs Ltd provided drivers are all under strict instructions NOT to accept Booking Transportation Services from passengers and to refer their request directly with the Company.

5.0 Bookings

5.1 In respect of the 1998 Act, Fourstar Minicabs Ltd is the holder of the relevant PHV operator's licence.

5.2 It is a policy of Fourstar Minicabs Ltd not to accept bookings for unaccompanied children under the age of 14 years of age.

6.0 Withheld numbers

As from Jan 1st 2014, Fourstar Minicabs Ltd will no longer except calls from ‘private’ or ‘withheld’ telephone numbers. This direct action has been taken to protect our drivers as all violent crimes or thefts against the driver reported to the police have been committed by callers who withheld the number. Any callers who are not account holders with Fourstar Minicabs Ltd will be requested to call the booking line on 020 8553 1414 without restricting your number. Thanks you for your help and understanding in this matter.

7.0 Transportation Services

7.1 As a London PHV operator, Fourstar Minicabs Ltd are complying with the obligation and fulfilling their responsibilities under private hire legislation in relation to the contractual arrangements they have in place with passengers. These responsibilities include that:

7.2 Fourstar Minicabs Ltd will only accept direct bookings from hirer/passenger, not via a driver. You will be contracting with Fourstar Minicabs Ltd which has accepted your booking as the relevant licensed private hire operator. Pursuant to the Legislation, a booking request made by the Client can only be accepted by a person that holds a private hire operator's licence.

7.3 Only the Company is responsible for both accepting the booking as well as the provision of the journey from point A to point B. Driver has NO authority to act on this procedure.

7.4 All drivers provided by Fourstar Minicabs Ltd are licensed, qualified and competent to drive TFL approved & licensed vehicles.

7.5 Only the company can cancel a booking with a passenger (a driver may reject an offer from the company to carry out a particular journey).

7.6 A request for a Booking constitutes an offer by you to purchase Fourstar Minicabs Ltd Transportation Services in accordance with these Terms. This Booking request will set out the main characteristics of the Company Transportation Services (including pick up and drop off points). The Client’s transport request will only be accepted when the company issues written confirmation of the relevant Fourstar Minicabs Ltd Transportation Service via text message or email, at which point and on which date and time a contract for Fourstar Minicabs Ltd Transportation Services to which the Booking relates shall come into existence (“Contract“). There is no obligation on us to accept a Booking and it may be declined for any reason. If a driver becomes unavailable after we have provided you with written confirmation of the Contract, we will endeavour to find you another driver for your Booking. Where an alternative driver cannot be found, we reserve the right to terminate the Contract without compensation to you.

7.7 Your Contract will end when the passenger journey ends or as otherwise may be provided for in these Terms.

7.8 The price for the Contract (which will include VAT, if applicable) will be provided to you via the phone booker, email or website before you place your Booking request. This may include relevant charges including airport pickup/drop-off, tolls, parking or other road charges. You may be charged a different amount than the price provided in certain situations, including but not limited to, material changes to the pick/up drop off point, route taken, driver waiting time and stops. In this situation, the rates that will apply will be notified to you via phone booking staff, SMS or email. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the transportation services. Additional charges may also apply if you or any passenger - soils, contaminates, or damages a vehicle, in which case you may be charged for such damage, as well as for a cleaning fee.

7.9 You can make changes to your Contract by contacting the company at anytime prior or during the transfer.

7.10 Fourstar Minicabs Ltd may make changes to its Transportation Services at any time, including reflecting changes in relevant laws and regulatory requirements.

7.11 Your right to cancel a Contract depends on when you decide to end the Contract. You can cancel a trip at any time before or after your driver has been despatched. Fourstar Minicabs Ltd may end your Contract in certain circumstances, as provided for in these Terms. If Fourstar Minicabs Ltd ends the Contract, Fourstar Minicabs Ltd will refund any money you have paid in advance but it may deduct or charge you as compensation for the net costs it incurs if you have broken the terms of the Contract.

7.12 Fourstar Minicabs Ltd accepts liability in relation to the Transportation Services as a TFL Approved Licensed Operator.

8.0 Complaints with Fourstar Minicabs Ltd Transportation Services

8.1 If, for any reason, a customer has a complaint against a driver or a member of our office staff, they can either telephone 0208 553 1414 or alternatively go to the contacts section of our website where they will be able to register the complaint or write to us at: Fourstar Minicabs Ltd, First Floor, 38 Cranbrook Road, Ilford, Essex, IG1 4NF. In nearly all cases your complaint will be dealt to your complete satisfaction. If, however you feel that we did not handle your complaint satisfactory you can contact our licensing body: TFL - Details of Fourstar Minicabs Ltd and all other licensed private hire operators can be found at www.tfl.gov.uk

8.2 All private hire vehicles are required by law to hold and maintain PHV insurance in order for drivers to legally carry and transport passengers. If your problem relates to a motor incident, please contact us for your driver's insurance details in order to progress matters. We will not be liable for any matters covered by your driver’s PHV insurance unless and until you have exhausted all potential remedies related to motor accidents.

8.3 Fourstar Minicabs Ltd does not exclude or limit its liability in any way to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, workers, agents or subcontractors; for fraud or fraudulent misrepresentation and for breach of your legal rights in relation to the Fourstar Minicabs Ltd Transportation Services.

8.4 Fourstar Minicabs Ltd is not liable for business losses. Fourstar Minicabs Ltd Transportation Services are provided only for private use. If you use Fourstar Minicabs Ltd Transportation Services for any commercial or business purpose Fourstar Minicabs Ltd will have no liability to you for any loss of profit, loss of business, loss of revenue, business interruption, or loss of business opportunity (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms).

Alcohol, Food and Drugs in Transport Vehicles

9.1 Under the terms of the Sporting Events (Control of Alcohol) Act 1985 the Company does not allow the consumption of alcohol whilst being carried by a Public Services Vehicle to football matches.

9.2 Alcohol may be carried on the vehicle, with the exception of football match transfers – the storage is under the direction of the Driver.

9.3 The driver maintains the discretion by which any alcohol may be carried or consumed on the Company’s vehicles.

9.4 In the interest of passenger safety and comfort, it is Company Policy to discourage consumption of food on the vehicles other than on a vehicle fitted expressly for that purpose, food, and drink (including alcoholic beverages) may not be consumed on the vehicle without prior written consent from the Company.

9.5 The carriage and/or use of drugs in or on a vehicle is not permitted at any time.

9.6 Fourstar Minicabs Ltd has entered into a Memorandum of Understanding (MoU) with Customs & Excise Drugs Alliance and will report any drugs-related suspicions to the relevant authority.

10.0 Terms of Payment

10.1 Our accepted payment methods are set out on our Website. Fourstar Minicabs Ltd is a VAT registered licensed TFL Operator and the drivers act as agents for the operator in collecting fares; therefore the following terms and condition apply. If you require a receipt for your journey, we must advise you that drivers are self employed and not vat registered. Therefore, any receipt given for cash or credit card payment will not include vat or have vat added. Account work carried out on behalf of Fourstar Minicabs Ltd will have VAT added at the applicable rate.

10.2 Fourstar Minicabs Ltd up to date price tariff can be found on this website under PRICE LIST.

10.3 Subject to any special terms, the Client must pay for the provision of minicab services, before the journey is undertaken.

11.0 Cash Bookings & Credit / Debit Card Booking Additional Fees

The price provided to the Customer at the time of booking is based on the journey specified (Original Journey) by the Customer at the time of booking. Such price will also include a booking fee and VAT in the event that a Customer intends to pay by credit or debit card.

The administration fee and VAT shall not apply to bookings that are paid for by the Customer in cash.

The Company reserves the right to charge the Customer for any additional costs which may be incurred by the Company as a result of any variation or deviation from the Original Journey specified at the time of booking.

Additional charges may be applied at the sole discretion of the Company in the event of any variation or deviations from the Original Journey. The additional charges are based on the Company’s current charging scale which can be made available to the Customer on request. Such variations or deviations from the Original Journey in respect of which additional charges may apply shall include, without limitation, those set out below:

If the booking is cancelled upon arrival of the vehicle to collect the Customer of any passenger(s) a cancellation fee will be payable by the Customer to the Company. Any cancellation fee is based on the Company’s current cancellation charge rate, which is available on request.

The Customer and any passenger(s) and any luggage or personal items shall be ready for collection at the time stipulated by the Customer when the booking is made. The Company will allow 5 minutes for waiting or loading, when picking up the Customer and passenger(s). In the event that all Customers have not boarded the vehicle within 5 minutes of the time specified at the time of booking the Original Journey or if no time is specified the time of arrival of the vehicle at the pickup address the Company reserves the right to charge the Customer for the total loading/waiting time (for the avoidance of doubt, including the first 5 minutes) at its current rate which is £15.00 per hour.