Terms & Conditions

This agreement applies as between you, the User of this Web Site and Eastwood Mearns T/A Graco Ltd, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

The Eastwood Mearns Taxis Passenger app utilises several Anti-Fraud measures, including, but not limited to Biometrics (in the case of Apple and Google Pay) and 3dSecure.
These processes use Strong Customer Authentication – an initiative being rolled out by the Financial Conduct Authority – all banks need to sign up to use Strong Customer Authentication by September 2021, although most (including XYZ, who we use to process card transactions through the app) have already completed the work required.
Where most online payments, protected by Strong Customer Authentication are paid at the point of sale (consider amazon purchases for example), taxi journeys are not paid for in advance. Because of this, we need to initiate a pre-authorisation so that the requirements of SCA can be fulfilled.
These technology services incur a 30p charge.
The pre-authorisation action forces the bank to consider the use of 3dSecure to verify the transaction.
Without this step, 3dSecure would not be used, which could lead to an increase in card fraud. Second to this, the pre-authorisation amount taken ensures that customers have the funds available in advance of the journey.
In the same way that a Hotel or Car Rental company will ‘hold’ a certain amount on your card when you use their services, we do the same via the Passenger App. The amount of the pre-authorisation is typically £7.50.
In the case that the pre-authorisation amount is more than the eventual final journey amount, this is because the fare quoted is estimated based on average customer habit.
The fare in-vehicle may exceed the estimated amount, or the passenger may choose to go via a different point or change their destination altogether. By taking an additional amount ensures that in most cases, the actual fare will fall within the pre-authorised amount.
Where this happens, any amount over the actual fare will be released at the end of the journey.
Please note that banks can take up to 5 working days to release a ‘pre-authorisation’ hold on funds.
In the case where a fare is in excess of the pre-authorised amount, the full fare needs to be requested from the bank – we cannot use the pre-authorised amount and then take an additional amount – this would lead to multiple transactions which banks will invariably decline.
In this case, the passenger must ensure they have sufficient funds to cover both the pre-authorisation amount AND the fare.
When a pre-authorisation is taken, any unused element will be released either (1) at the end of the journey, or (2) if a booking is cancelled by the office or passenger (or is marked as a No Pickup by the driver).
It is important to note that banks will take up to 5 working days to release the pre-authorisation hold.
The length of time is at the discretion of the bank and is not something that we can influence.

No-shows

A booking will be considered a no-show once the driver arrives at the collection point, waits 5 minutes after the required time and the passenger was did not enter the vehicle. A charge of £5.00 is taken by Eastwood Mearns in this instance as this will cover the cost of the wasted time for the driver and office. From your £7.50 pre-authorisation, only £2.50 would re-enter your account, equaling the £5.00 no-show fee that will be kept by the company.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

Content : means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

Eastwood Mearns Taxis : means Eastwood Mearns Taxis T/A Graco Ltd located at Riverbank House, 28 Field Road Busby, Glasgow, G76 8SE;

Service : means collectively any online facilities, tools, services or information that Eastwood Mearns Taxis makes available through the Web Site either now or in the future;

System : means any online communications infrastructure that Eastwood Mearns Taxis makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

User / Users : means any third party that accesses the Web Site and is not employed by Eastwood Mearns Taxis and acting in the course of their employment;

Web Site : means the website that you are currently using www.eastwoodmearns.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.

Intellectual Property

All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Eastwood Mearns Taxis, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Eastwood Mearns Taxis.

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Eastwood Mearns Taxis or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.eastwoodmearns.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Eastwood Mearns Taxis. To find out more please contact us by email at office@eastwoodmearns.com or by post to Riverbank House, 28 Field Road Busby, Glasgow, G76 8SE or via telephone on 0141 644 5353.

Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

Disclaimers

Eastwood Mearns Taxis makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Eastwood Mearns Taxis accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Limitation of Liability

To the maximum extent permitted by law, Eastwood Mearns Taxis accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

Nothing in these terms and conditions excludes or restricts Eastwood Mearns Taxis’s liability for death or personal injury resulting from any negligence or fraud on the part of Eastwood Mearns Taxis.

Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Notices

All notices / communications shall be given to us either by post to our Premises (see our address above) or by email to office@eastwoodmearns.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email has been sent on a weekend or public holiday.

Law and Jurisdiction

These terms and conditions and the relationship between you and Eastwood Mearns Taxis shall be governed by and construed in accordance with the Law of Scotland and Eastwood Mearns Taxis and you agree to submit to the exclusive jurisdiction of the Courts of Scotland.