Guardian Cars Terms & Conditions
These Terms & Conditions apply to private hire bookings accepted by Guardian Cars from 20 August 2026. Please read them carefully before making a booking request.
Guardian Cars is a Private Hire Vehicle Operator licensed by Thanet District Council.
Operator Licence: LN/202500187
Version: 1.0
Effective from: 20 August 2026
Your statutory rights are not affected.
Guardian Cars is a private hire service operated by Thanh Nguyen, a Private Hire Vehicle Operator licensed by Thanet District Council under the Local Government (Miscellaneous Provisions) Act 1976.
Private Hire Vehicle Operator Licence: LN/202500187
All journeys provided through Guardian Cars must be pre-booked. Bookings are accepted and managed by the licensed operator and are subject to these Terms and Conditions.
Throughout these Terms and Conditions:
“Guardian Cars”, “we”, “us” or “our” means Thanh Nguyen trading as Guardian Cars and operating the Guardian Cars private hire service.
“you” or “your” means the person making the booking and, where the context requires, any passenger travelling under that booking.
“customer” means the person who makes or is responsible for the booking.
“passenger” means any person travelling under the booking.
Where a booking is made by one person on behalf of another passenger or group of passengers, the person making the booking is responsible for providing accurate booking information and, where reasonably practicable, ensuring that the passengers are aware of any relevant terms applying to their journey.
Guardian Cars acts as the licensed private hire operator for bookings it accepts. The contract for the private hire service is made with Guardian Cars, subject to these Terms and Conditions and any specific arrangements expressly agreed for the booking.
2.1 Booking Requests
All Guardian Cars journeys must be pre-booked.
A booking request may be made through any booking channel made available by Guardian Cars, including the Guardian Cars website, telephone, messaging service or another approved booking method.
Submitting a booking request, enquiry or quotation request does not by itself create a confirmed booking or reserve a vehicle.
All booking requests are subject to availability and acceptance by Guardian Cars.
2.2 Booking Confirmation
A booking is only considered confirmed once Guardian Cars has accepted the booking request and communicated confirmation to the customer.
Confirmation may be provided by SMS, email, telephone, messaging service or another communication method used by Guardian Cars.
Customers should not assume that a vehicle has been reserved until confirmation has been received.
Where Guardian Cars is unable to accept the requested journey or collection time, we may decline the request or offer an alternative collection time or other arrangement. Any proposed alternative must be accepted by the customer before the booking is considered confirmed.
Once a booking has been confirmed, the booking is subject to these Terms and Conditions together with any specific terms or arrangements expressly agreed for that booking.
2.3 Information Provided When Booking
The customer is responsible for providing accurate and sufficient information to enable Guardian Cars to assess, accept and carry out the journey safely and correctly.
Depending on the journey, this may include:
the passenger's name and contact details;
the required date and collection time;
the collection address;
the destination;
any additional stops;
the number of passengers;
the amount or type of luggage;
flight or other travel information where relevant;
any accessibility or other requirements that may affect the suitability of the vehicle; and
any other information reasonably necessary to provide the journey.
The customer should check the booking confirmation and notify Guardian Cars as soon as reasonably possible if any information is incorrect.
Guardian Cars is entitled to rely reasonably upon the information supplied when assessing and planning the booking.
2.4 Changes to Booking Details
If the customer wishes to change a confirmed booking, they should contact Guardian Cars as soon as reasonably possible.
Changes to the collection date or time, collection point, destination, additional stops, passenger numbers, luggage requirements or other material booking details are subject to availability and may result in a change to the quoted or confirmed fare.
A requested amendment is not considered accepted until it has been acknowledged or confirmed by Guardian Cars.
Further provisions concerning amendments to confirmed bookings are set out in Section 6 — Amendments to Bookings.
A customer may make a booking on behalf of another passenger or group of passengers.
The person making the booking is responsible for providing accurate passenger and journey information and, where reasonably practicable, ensuring that the passengers are aware of any relevant booking information and these Terms and Conditions.
The person making the booking should also ensure that Guardian Cars is provided with appropriate contact information where direct communication with the travelling passenger may reasonably be required to carry out the booking.
Guardian Cars operates as a licensed private hire service. All journeys must therefore be booked through the licensed operator before the journey begins.
Guardian Cars does not operate as a hackney carriage service. Guardian Cars private hire vehicles cannot be hailed in the street or hired from a taxi rank.
For private hire journeys accepted by Guardian Cars, the booking is accepted by the licensed private hire operator and the contract for the hire is made with that operator in accordance with the applicable private hire legislation.
Where Guardian Cars provides a fixed fare or quotation for a journey, the fare is based on the journey details supplied at the time the quotation or booking is made.
Unless otherwise stated, a confirmed fixed fare covers the agreed journey from the confirmed collection point to the confirmed destination, including any stops specifically agreed as part of the booking.
A quotation does not reserve a vehicle or constitute a confirmed booking. A journey remains subject to availability and must be accepted and confirmed by Guardian Cars in accordance with Section 2 — Booking Requests & Confirmation.
The fare may be revised where the customer requests or makes a material change to the journey after the original fare has been quoted or confirmed.
This may include:
changing the collection point or destination;
adding or changing stops;
significantly changing the agreed route;
changing the collection date or time;
increasing the number of passengers or amount of luggage where this affects the vehicle required;
requesting additional waiting; or
requesting any other service not included in the original booking.
Where reasonably practicable, Guardian Cars will inform the customer of any significant change to the fare before carrying out the additional or amended service.
Further provisions concerning changes to confirmed bookings are set out in Section 6 — Amendments to Bookings.
For a confirmed fixed-fare journey, the fare will not normally increase solely because the journey takes longer than expected due to ordinary traffic conditions, roadworks, diversions or the route reasonably selected by the driver.
This does not prevent additional charges from applying where the journey itself is changed at the customer's request or where additional waiting, parking, tolls or other separately agreed costs become payable under these Terms and Conditions.
Payment must be made at the time and by the method agreed when the booking is confirmed.
Depending on the booking, Guardian Cars may require:
payment in advance;
payment at the end of the journey; or
payment by invoice where an invoicing arrangement has been agreed in advance.
Guardian Cars may make different payment methods available, including cash, card or electronic payment.
The payment arrangements applicable to a particular journey may be stated in the booking confirmation or otherwise agreed with the customer.
Where payment in advance is required, confirmation or continued acceptance of the booking may be conditional upon Guardian Cars receiving the required payment.
Payment of a fare does not override any other booking requirement or entitle the customer to make substantial changes to the confirmed journey without agreement from Guardian Cars.
Any cancellation, cancellation charge or refund following advance payment will be dealt with in accordance with Section 7 — Cancellations & No-Shows.
Where a quoted or confirmed fare expressly states that parking, tolls or another charge is included, the customer will not be separately charged for the amount already included.
Where such costs are not included in the confirmed fare, or where additional costs arise as a direct result of the customer's journey or a change requested by the customer, those costs may be added to the amount payable where applicable.
This may include reasonable third-party charges such as:
parking fees;
tolls;
access charges; or
similar journey-related costs that were not included in the original fare.
Guardian Cars will not charge the customer again for an amount that has already been expressly included within the confirmed fare.
Airport parking and waiting arrangements are subject to the specific provisions contained in Section 5 — Airport Bookings.
A receipt or other record of payment may be provided electronically or through the payment method used for the journey.
Customers requiring a particular form of receipt or invoice should inform Guardian Cars as soon as reasonably practicable.
Where an invoice arrangement has been agreed in advance, payment will be due in accordance with the payment terms applicable to that arrangement.
Passengers should be ready to travel at the agreed collection time shown in their booking confirmation.
Where the driver arrives at or before the agreed collection time, any applicable waiting period will normally begin from the confirmed collection time rather than from an earlier arrival by the driver.
Where the customer has specifically asked the driver to arrive earlier, or has otherwise requested the vehicle to wait, waiting time may begin from the time agreed with the customer.
Guardian Cars may provide a complimentary waiting period as part of certain bookings.
Where a complimentary waiting period applies, the customer will not be charged waiting time during that period.
The applicable allowance may depend upon the type of booking and may be stated when the booking is quoted or confirmed.
Airport collections are subject to the separate airport waiting arrangements set out in Section 5 — Airport Bookings.
Once any applicable complimentary waiting period has expired, additional waiting time may be charged at the Guardian Cars waiting rate.
Unless a different rate has been agreed or stated as part of the booking, the current waiting charge is:
£0.33 per minute
Chargeable waiting time will be calculated from the end of the applicable complimentary waiting period until the passenger is ready to begin the journey or the booking is otherwise concluded.
Additional waiting charges may apply where the driver is required to wait because the passenger is not ready at the agreed time or because of circumstances within the customer's or passenger's control.
Where reasonably possible, Guardian Cars or the driver will attempt to contact the passenger before treating the booking as a potential no-show.
Extended waiting is subject to the driver's availability and other confirmed bookings. Payment of a waiting charge does not guarantee that the driver will be able to remain indefinitely.
The circumstances in which a booking may be treated as a no-show are set out in Section 7 — Cancellations & No-Shows.
A passenger will not be charged waiting time for any period during which the vehicle itself is late arriving at the agreed collection point.
Where the driver arrives after the confirmed collection time, any applicable complimentary waiting period will begin from the driver's actual arrival time.
Where the driver arrives early and the passenger is ready to travel, the journey may begin early by mutual agreement.
Starting the journey before the confirmed collection time does not itself result in an additional waiting charge.
Guardian Cars will make reasonable efforts to accommodate passenger delays. However, drivers may have subsequent confirmed bookings and cannot always remain beyond a reasonable waiting period.
If extended waiting would materially affect another confirmed booking, Guardian Cars may need to end the waiting period and treat the booking in accordance with the applicable cancellation or no-show provisions.
Any waiting charges properly incurred before the waiting period is ended may remain payable.
Guardian Cars may exercise reasonable discretion where a passenger's delay results from genuine circumstances outside their reasonable control.
Guardian Cars may, where appropriate, reduce or waive a waiting charge after considering the circumstances.
Any decision to reduce or waive a waiting charge in a particular case does not alter the standard waiting-time policy or create an entitlement to the same treatment for future bookings.
Airport bookings are subject to the general provisions of these Terms and Conditions together with the additional provisions contained in this section.
Customers should provide accurate flight information when making an airport collection booking, including the flight number and arrival airport.
Guardian Cars may use the supplied flight information to monitor the expected arrival of the flight and assist with coordinating the collection.
Where accurate flight information has been provided, Guardian Cars will make reasonable efforts to monitor changes to the flight's expected arrival time.
A passenger will not incur additional waiting charges simply because their flight is delayed.
The aircraft landing time does not, by itself, determine when the passenger's included waiting period begins. Guardian Cars recognises that passengers may require time to disembark, pass through immigration or passport control, collect luggage and complete other necessary airport arrival procedures.
Guardian Cars uses the passenger's agreed “ready to go” time to coordinate airport collection and determine when the applicable included waiting period begins.
For the purposes of these Terms and Conditions, “ready to go” means that the passenger has completed the necessary airport arrival procedures, collected their luggage and is in a position to proceed to the agreed meeting or collection point.
Passengers should provide Guardian Cars with an accurate indication of when they are ready to go and should follow any collection instructions provided by Guardian Cars.
Once the passenger has confirmed or agreed that they are ready to go, the applicable included waiting period will begin from that agreed time.
Where airport parking is included within the quoted or confirmed fare, the fare includes the initial airport parking period applicable to the collection car park or collection facility used by Guardian Cars for that booking.
The passenger's complimentary waiting allowance will correspond with the duration covered by that initial parking period and will begin from the passenger's agreed “ready to go” time.
For example, where the applicable initial airport parking tariff covers the first 30 minutes, the passenger will receive an included waiting allowance of up to 30 minutes from their agreed “ready to go” time.
The duration of the initial parking period may vary between airports, terminals and car parks and may change where an airport or parking operator alters its tariffs or parking arrangements.
Guardian Cars therefore does not guarantee a fixed number of complimentary waiting minutes for every airport collection unless a specific waiting allowance has been expressly stated in the booking confirmation.
If the passenger is not available for collection before the applicable included waiting period expires, additional waiting time may be charged.
Unless a different rate has been agreed or stated in the booking confirmation, additional waiting is charged at:
£0.33 per minute
Chargeable waiting will normally begin immediately after the included waiting period has expired and will continue until the passenger is available to begin the journey or the booking is otherwise concluded.
The additional waiting charge is separate from any additional airport parking charge that may also become payable.
Where the passenger exceeds the included waiting period and Guardian Cars consequently incurs additional airport parking charges, the additional parking cost may be payable by the customer.
Any additional parking charge passed to the customer will reflect the additional parking cost reasonably incurred by Guardian Cars as a result of the extended collection period.
Accordingly, once the included waiting period has expired, the customer may become responsible for both:
the applicable Guardian Cars waiting charge; and
any additional airport parking charges incurred.
Guardian Cars will not charge the customer again for an airport parking amount that was already expressly included within the confirmed fare.
The passenger's included waiting period is calculated from the agreed “ready to go” time and does not require the Guardian Cars vehicle to physically enter the airport car park at precisely that time.
The driver will enter or approach the appropriate airport collection area at a time reasonably determined by Guardian Cars, taking account of the passenger's readiness, traffic conditions, terminal access arrangements, airport restrictions and the applicable collection procedure.
This arrangement is intended to coordinate the collection efficiently and minimise unnecessary airport parking costs while allowing the passenger the included waiting period applicable to their booking.
Passengers should keep Guardian Cars reasonably informed of any circumstances that may materially affect their collection.
If a passenger experiences an unexpected delay before confirming that they are ready to go, they should inform Guardian Cars as soon as reasonably practicable.
A passenger will not normally incur additional waiting charges merely because immigration, baggage handling or another airport arrival process takes longer than expected, provided Guardian Cars has been kept reasonably informed and the passenger has not yet agreed that they are ready to go.
However, once the passenger has confirmed or agreed that they are “ready to go”, the applicable included waiting period will begin.
If the passenger subsequently delays proceeding to the agreed collection point, the included waiting period will continue to run and additional waiting and parking charges may apply once that period has expired.
Guardian Cars will make reasonable efforts to accommodate unexpected passenger delays. However, a driver cannot be guaranteed to wait indefinitely, particularly where extended waiting would materially affect another confirmed booking.
Where an extended delay occurs, Guardian Cars will make reasonable efforts to contact the passenger and agree an appropriate arrangement.
Where the passenger cannot be contacted, does not attend the agreed collection point, or is unable to travel within a reasonable period, Guardian Cars may ultimately treat the booking in accordance with Section 7 — Cancellations & No-Shows.
Any waiting time or additional parking charges properly incurred may remain payable, subject to the applicable provisions of these Terms and Conditions.
Airport operators control their own parking tariffs, collection areas, access charges and collection procedures. These arrangements are outside the control of Guardian Cars and may change from time to time.
Where an airport changes its parking tariff or collection arrangements, the included parking and waiting allowance applicable to a future booking may change accordingly.
Guardian Cars will use the parking and collection arrangements reasonably applicable to the airport collection at the time of the journey.
Customers who wish to change a confirmed booking should contact Guardian Cars as soon as reasonably possible.
A request to amend a booking does not automatically change the confirmed booking. Any amendment is subject to availability and must be accepted by Guardian Cars.
Until an amendment has been accepted, the original confirmed booking details remain applicable.
An amendment may include a change to:
the collection date or time;
the collection address;
the destination;
an additional or intermediate stop;
the number of passengers;
the amount or type of luggage;
flight or other travel details;
accessibility or other vehicle requirements; or
any other information that materially affects the journey.
Customers should provide updated information as accurately and as early as reasonably possible.
Where an amendment changes the distance, duration, route, waiting requirements, parking costs or other material circumstances of the journey, Guardian Cars may revise the fare accordingly.
Where reasonably practicable, the revised fare will be communicated to the customer before the amendment is accepted.
A minor amendment that does not materially affect the journey will not necessarily result in a change to the fare.
Requests to move a confirmed booking to a different date or time are subject to availability.
Guardian Cars cannot guarantee that a requested alternative date or time will be available simply because the original booking has already been confirmed.
Where Guardian Cars cannot accommodate the requested change, the customer may choose to retain the original booking or cancel it, subject to Section 7 — Cancellations & No-Shows.
Where a passenger requests a change after the journey has begun, such as an additional stop or a different destination, the driver may agree to the request where it is reasonable and practical to do so.
Any such change may result in an additional fare or charge.
A driver may decline a requested change where it would:
be unsafe or unlawful;
be impractical to accommodate;
fall substantially outside the reasonable scope of the original booking; or
materially interfere with another confirmed booking.
Where a requested amendment substantially changes the nature of the original booking, Guardian Cars may treat the request as a new journey quotation rather than an amendment to the existing fare.
This may apply, for example, where there is a substantial change to:
the destination;
journey distance or duration;
collection date or time;
vehicle requirements; or
the number of passengers or amount of luggage where this affects the vehicle required.
Guardian Cars will inform the customer where a new quotation or booking arrangement is required.
In exceptional circumstances, Guardian Cars may need to propose a change to a confirmed booking.
Where this occurs, Guardian Cars will contact the customer as soon as reasonably practicable and explain the proposed change.
The customer will not be required to accept a material change to the agreed journey.
Where Guardian Cars is unable to provide the confirmed booking and no suitable alternative arrangement can be agreed, any payment received for the part of the service that cannot be provided will be refunded as appropriate.
Customers are responsible for checking any revised booking confirmation or amendment supplied by Guardian Cars and notifying us promptly if any details are incorrect.
Guardian Cars will not knowingly make a material change to a confirmed journey without informing the customer.
Customers wishing to cancel a confirmed booking should notify Guardian Cars as soon as reasonably possible.
Cancellation should be made through a communication method provided or normally used by Guardian Cars for customer communications, such as telephone, messaging service or an available Guardian Cars cancellation facility.
A cancellation will normally be treated as received when Guardian Cars receives the customer's cancellation request.
Customers should not assume that a booking has been cancelled until the cancellation request has been received by Guardian Cars.
Unless otherwise agreed, the following cancellation policy applies to confirmed Guardian Cars bookings:
24 hours or more before the agreed collection time — no cancellation charge.
Between 3 and 24 hours before the agreed collection time — up to 50% of the confirmed fare.
Less than 3 hours before the agreed collection time — up to 100% of the confirmed fare.
No-show — up to 100% of the confirmed fare.
These cancellation charges represent Guardian Cars' standard cancellation policy. Any cancellation charge will be applied reasonably and will not exceed the amount Guardian Cars is lawfully entitled to recover having regard to the circumstances of the cancellation, including costs incurred, commitments made, the allocation of the driver and vehicle to the booking and any resulting loss.
Guardian Cars will take reasonable steps to minimise avoidable loss where appropriate.
Where a booking has been prepaid and is cancelled without charge, the amount paid for the cancelled journey will be refunded.
Where a cancellation charge applies to a prepaid booking, Guardian Cars may deduct the properly applicable cancellation charge from the amount already paid and refund any remaining balance due to the customer.
Where a booking is cancelled less than three hours before the agreed collection time, Guardian Cars may charge up to 100% of the confirmed fare.
This reflects the fact that by this stage Guardian Cars may have committed the driver and vehicle to the booking, begun preparations or travel necessary to fulfil the journey, or been unable reasonably to accept alternative work.
Guardian Cars retains reasonable discretion to reduce the charge where the circumstances justify doing so.
A driver's early departure for operational reasons, including allowing sufficient time for electric-vehicle charging, does not by itself determine the cancellation charge. The applicable cancellation period will normally be calculated by reference to the agreed collection time.
For a non-airport collection, Guardian Cars will make reasonable efforts to contact the passenger where the passenger is not present at the agreed collection point.
Where the passenger has not attended the agreed collection point and cannot be contacted after reasonable attempts for 15 minutes following the agreed collection time, Guardian Cars may classify the booking as a no-show.
A confirmed no-show may be charged at 100% of the confirmed fare.
Where the passenger is in communication with Guardian Cars or the driver, the passenger will not automatically be treated as a no-show merely because 15 minutes have elapsed.
Applicable waiting charges may instead apply where the driver is reasonably able to continue waiting.
Communication with the passenger does not require Guardian Cars to wait indefinitely. Where continued waiting would materially affect another confirmed booking or would otherwise become unreasonable, Guardian Cars may end the waiting period and determine the booking in accordance with these Terms and Conditions.
Airport collections are subject to the airport arrangements set out in Section 5 — Airport Bookings.
A delayed flight will not by itself cause a passenger to be treated as a no-show.
Where the passenger has not yet confirmed or agreed that they are “ready to go”, reasonable delays caused by disembarkation, immigration, baggage handling or other airport arrival procedures will not normally be treated as a no-show, provided Guardian Cars is kept reasonably informed.
Once the passenger has confirmed or agreed that they are “ready to go”, the applicable included airport waiting period will begin.
Where that period expires and the passenger remains in contact, Guardian Cars may continue waiting where reasonably possible, subject to applicable waiting and additional parking charges.
Where the passenger fails to attend the agreed collection point and cannot be contacted after reasonable attempts, Guardian Cars may ultimately classify the booking as a no-show.
Guardian Cars will not normally add ordinary chargeable waiting time to a 100% no-show charge for the same booking.
The 100% no-show charge will normally represent the journey-related charge due for the failed booking.
However, reasonable third-party costs already incurred specifically in connection with the booking, such as additional airport parking, tolls or similar unavoidable charges, may remain separately payable where those costs have not already been included or recovered.
Where a passenger's flight is cancelled or materially disrupted for reasons outside the passenger's reasonable control, Guardian Cars will make reasonable efforts to preserve the booking rather than automatically treating the circumstances as an ordinary customer cancellation.
Where reasonably possible, Guardian Cars may transfer the booking to the passenger's replacement flight or another mutually agreed collection date or time.
Where necessary, Guardian Cars may arrange for another appropriately licensed driver and vehicle to fulfil the rearranged booking.
Any rearrangement remains subject to availability, and Guardian Cars cannot guarantee that every replacement flight, date or collection time can be accommodated.
Where a reasonable rearrangement is genuinely not possible, Guardian Cars may reduce or waive an otherwise applicable cancellation charge after considering the circumstances, the notice provided and any reasonable costs or losses already incurred.
Guardian Cars may, where reasonably necessary, arrange for another appropriately licensed driver and vehicle to fulfil a confirmed booking.
This may occur, for example, because of:
vehicle breakdown;
illness;
operational disruption;
an earlier journey being unexpectedly delayed; or
another circumstance affecting the originally intended driver or vehicle.
Where the replacement driver and vehicle are appropriately licensed, suitable for the booking and capable of providing a materially equivalent service without materially disadvantaging the passenger, the provision of a replacement will not normally constitute cancellation of the booking by Guardian Cars.
If the customer chooses not to accept a suitable replacement solely because the originally expected driver or vehicle is unavailable, the customer's decision to cancel will normally be subject to the standard cancellation periods in Section 7.2, calculated according to when Guardian Cars receives that decision.
Nothing in this provision affects the customer's statutory rights where the replacement service would materially differ from the service originally agreed.
Guardian Cars will make reasonable efforts to fulfil all confirmed bookings.
Where Guardian Cars becomes unable to fulfil a booking using the originally intended driver or vehicle, reasonable efforts may first be made to provide a suitable alternative licensed driver and vehicle.
Where Guardian Cars cancels a confirmed booking and is unable to provide a suitable alternative arrangement, the customer will not be charged a cancellation fee.
Any payment already received for the journey that Guardian Cars is unable to provide will be refunded as appropriate.
Guardian Cars recognises that genuine emergencies and circumstances outside a customer's reasonable control can occur.
Guardian Cars may, at its reasonable discretion, reduce or waive a cancellation charge where the circumstances justify doing so.
Any decision to reduce or waive a charge in a particular case does not alter the standard cancellation policy or create an entitlement to the same treatment for future bookings.
Where a cancellation fee, no-show charge, additional parking charge or other amount becomes properly payable under these Terms and Conditions, the customer remains responsible for payment.
Where the customer has expressly authorised Guardian Cars or its payment provider to retain or use a payment method for charges arising from the booking, Guardian Cars may attempt to collect the amount due using that authorised payment method, subject to applicable law and the terms of the relevant payment provider.
Where a booking has been prepaid, Guardian Cars may deduct any properly applicable cancellation or no-show charge from the amount already paid and refund any remaining balance due to the customer.
Guardian Cars will not charge a customer's payment card or other payment method without appropriate authority to do so.
Where an amount properly due under these Terms and Conditions remains unpaid, Guardian Cars may contact the customer to request payment and may issue an invoice or payment request for the outstanding balance.
If payment remains outstanding after reasonable requests for payment, Guardian Cars reserves the right to take reasonable and lawful steps to recover the debt.
This may include referral to an appropriate debt-recovery service or commencement of legal proceedings where proportionate and appropriate.
The customer may be responsible for additional recovery costs only where those costs are lawfully recoverable.
Nothing in this section affects any statutory rights or remedies available to Guardian Cars or the customer.
Passengers are expected to behave in a reasonable, respectful and lawful manner throughout their journey with Guardian Cars.
The person making the booking should ensure, where reasonably possible, that all passengers travelling under the booking are aware of and comply with the requirements relevant to their journey.
Passengers must follow reasonable instructions given by the driver where those instructions relate to:
safety;
legal or licensing requirements;
the protection of the vehicle; or
the proper operation of the journey.
Passengers must comply with applicable seat-belt and road-safety laws.
Where a seat belt is provided and the passenger is legally required to use it, responsibility for wearing the seat belt rests with the passenger or, where applicable, the responsible adult accompanying a child.
Passengers must not:
deliberately distract the driver;
interfere with the operation of the vehicle;
obstruct the driver's view; or
otherwise behave in a manner that could compromise the safe operation of the vehicle.
The number of passengers travelling must not exceed the licensed or safe passenger capacity of the vehicle.
Customers should provide an accurate passenger count when making the booking.
The driver may refuse to carry additional passengers where doing so would exceed the vehicle's permitted capacity or otherwise make the journey unsafe or unlawful.
Guardian Cars will not tolerate threatening, abusive, aggressive, discriminatory, intimidating or violent behaviour towards a driver, another passenger, a member of the public or any person acting on behalf of Guardian Cars.
Passengers must not deliberately damage, interfere with or misuse the vehicle or equipment provided within it.
Where a passenger's behaviour creates a genuine safety concern, Guardian Cars or the driver may refuse to begin the journey or may terminate the journey at a safe and lawful location.
Smoking is not permitted inside Guardian Cars private hire vehicles.
Passengers must also not use electronic cigarettes, vaping devices or similar products inside the vehicle.
A passenger who wishes to smoke or vape during a long journey may ask the driver whether a suitable stop can reasonably and safely be made.
Any additional stop is subject to the driver's reasonable discretion, journey conditions and subsequent booking commitments.
The consumption of alcohol by passengers is not permitted at any time inside a Guardian Cars private hire vehicle.
This prohibition applies throughout the journey and reflects the applicable Thanet District Council private hire driver licence conditions, which require the driver not to allow passengers to consume alcohol in the private hire vehicle.
Passengers who have consumed alcohol before travelling may still be carried, provided their condition and behaviour do not present a safety risk, cause unreasonable disruption, or create a significant risk of damage or soiling to the vehicle.
Guardian Cars or the driver may refuse to carry, or may terminate the journey of, a passenger whose level of intoxication or behaviour makes the journey unsafe, unlawful or unreasonable to continue.
Passengers must not possess, use or distribute illegal substances in the vehicle or use a Guardian Cars journey for an unlawful purpose.
Guardian Cars and its drivers will not knowingly participate in unlawful activity.
Where the driver reasonably believes that continuing a journey would involve unlawful conduct or create a serious safety concern, the journey may be refused or terminated where it is safe and lawful to do so.
Where appropriate, the matter may be reported to the relevant authorities.
Passengers should take reasonable care when consuming food or non-alcoholic drinks in the vehicle.
The driver may reasonably ask passengers not to consume particular food or drinks where there is a significant risk of:
spillage;
damage;
strong odours; or
excessive mess.
Any cleaning or damage resulting from passenger actions may be dealt with under Section 10 — Vehicle Damage, Soiling & Cleaning Charges.
Passengers are responsible for their personal possessions while travelling.
Passengers should ensure that they take all belongings with them when leaving the vehicle.
Guardian Cars will make reasonable efforts to assist with property subsequently found in a vehicle, subject to Section 12 — Lost Property.
Passengers should only enter or leave the vehicle where it is reasonably safe and lawful to do so.
The driver may select or request an alternative stopping point where stopping at the passenger's preferred location would be unsafe, unlawful or prohibited.
Passengers should follow reasonable driver instructions concerning safe boarding and exiting of the vehicle.
Guardian Cars or the driver may refuse to commence or may terminate a journey where there are reasonable grounds to believe that continuing would:
place the driver, passengers or another person at risk;
breach a legal or licensing requirement;
exceed the vehicle's licensed passenger capacity;
expose the vehicle to a significant risk of deliberate or avoidable damage;
involve threatening, violent, abusive or seriously disruptive behaviour;
involve unlawful activity; or
otherwise make it unsafe or unreasonable for the driver to continue.
Where a journey is terminated, the driver will make reasonable efforts to do so at a safe and lawful location.
Where Guardian Cars is unable to provide or complete a journey through no fault of the passenger, the passenger will not be charged for a service that Guardian Cars has failed to provide, subject to the other provisions of these Terms and Conditions.
Where a journey is reasonably refused or terminated because of the passenger's conduct, breach of these Terms and Conditions, unlawful behaviour or a safety risk caused by the passenger, amounts already properly incurred may remain payable.
Any additional cleaning, repair or other costs caused by the passenger may also be recoverable where permitted under these Terms and applicable law.
Guardian Cars will act reasonably when determining any amount payable following a refused or terminated journey.
Customers should provide Guardian Cars with accurate information about the number of passengers and the amount of luggage to be carried when making a booking.
Normal passenger luggage that can be safely accommodated within the booked vehicle is included as part of the journey and does not attract an additional luggage charge unless otherwise agreed.
Customers should inform Guardian Cars in advance where they intend to travel with unusually large, heavy or excessive luggage, or items that may require particular consideration when allocating a suitable vehicle.
The amount of luggage that can safely be carried may depend upon the number of passengers travelling and the size and configuration of the vehicle.
All luggage and other items must be capable of being carried safely and lawfully within the vehicle.
Guardian Cars or the driver may refuse to carry an item where there are reasonable grounds to believe that it:
cannot be safely accommodated within the vehicle;
would obstruct the driver's view or interfere with the safe operation of the vehicle;
could cause significant damage to the vehicle;
presents an unreasonable risk to the driver or passengers;
contains dangerous, prohibited or unlawful material; or
cannot otherwise lawfully or reasonably be transported.
Where the customer has failed to disclose unusually large or excessive luggage when booking and the luggage cannot safely be accommodated, Guardian Cars cannot guarantee that the journey can proceed as originally booked.
Guardian Cars does not currently provide child car seats as part of its standard private hire service.
Customers travelling with children may provide an appropriate child seat or restraint of their own and should inform Guardian Cars when booking where its use may affect the passenger or luggage capacity of the vehicle.
Customers are responsible for ensuring that any child seat they provide is appropriate for the child and is correctly installed and used.
Guardian Cars may introduce the provision of child seats in the future. Where such a service is made available, any applicable arrangements will be stated when the booking is made or confirmed.
UK law provides specific exceptions for children travelling in licensed taxis and private hire vehicles where an appropriate child restraint is not available.
Where the applicable legal exception permits a child to travel without a child seat, the child must travel in accordance with the legal seating and seat-belt requirements applicable to their age.
Guardian Cars nevertheless recommends that an appropriate child restraint is used wherever reasonably possible.
The parent, guardian or responsible adult accompanying the child is responsible for ensuring that the child travels in accordance with the applicable legal requirements.
Children should be appropriately supervised during the journey.
Guardian Cars may require a child to travel with a responsible adult where this is reasonably necessary because of the child's age, circumstances or the nature of the booking.
Nothing in these Terms and Conditions is intended to override any legal safeguarding, seat-belt or child-restraint requirement.
Guardian Cars welcomes disabled passengers and is committed to providing its private hire service without unlawful discrimination.
Guardian Cars and its drivers will provide reasonable assistance to disabled passengers in accordance with applicable law.
A passenger will not be charged an additional fare merely because they are disabled or because they require assistance that Guardian Cars or the driver is legally required to provide.
Passengers are encouraged to inform Guardian Cars when booking of any accessibility requirement that may affect the suitability of the vehicle or the arrangements necessary to complete the journey safely and comfortably.
Customers should inform Guardian Cars when booking if they will be travelling with a wheelchair, mobility scooter or other significant mobility aid, particularly where its size or configuration may affect vehicle suitability.
Guardian Cars will make reasonable efforts to accommodate mobility aids where they can be carried safely and lawfully in the available vehicle.
Not every Guardian Cars vehicle will necessarily be capable of carrying every type of wheelchair or mobility aid.
Where the available vehicle cannot safely or reasonably accommodate a particular mobility aid, Guardian Cars will, where reasonably practicable, discuss suitable alternatives with the customer.
Guardian Cars will not represent a vehicle as wheelchair accessible unless it is appropriately equipped and licensed for that purpose.
Recognised assistance dogs accompanying disabled passengers are permitted to travel in Guardian Cars vehicles in accordance with applicable law.
No additional fare or surcharge will be imposed solely because a passenger is accompanied by an assistance dog.
Guardian Cars and its drivers will comply with applicable legal requirements relating to the carriage of assistance dogs, subject only to any lawful exemption that may apply to an individual driver.
Assistance dogs are not treated as ordinary pets for the purposes of these Terms and Conditions and do not require the discretionary prior approval applicable to pets.
Pets and other non-assistance animals may only be carried with prior agreement from Guardian Cars.
Customers wishing to travel with a pet should inform Guardian Cars when making the booking and provide sufficient information about the animal for Guardian Cars to determine whether it can reasonably and safely be accommodated.
Guardian Cars may require an animal to be transported using an appropriate carrier, restraint, protective covering or other reasonable arrangement where necessary for safety or to protect the vehicle.
Approval to carry an ordinary pet is subject to:
the suitability of the vehicle;
the nature and size of the animal; and
any relevant safety considerations.
Guardian Cars reserves the right to decline the carriage of an ordinary pet where it cannot reasonably or safely be accommodated.
The passenger remains responsible for the control and behaviour of any animal travelling with them.
The customer may be responsible for reasonable cleaning or repair costs where an animal causes damage or exceptional soiling to the vehicle, subject to Section 10 — Vehicle Damage, Soiling & Cleaning Charges.
This provision does not permit Guardian Cars to impose a surcharge merely for carrying an assistance dog where such a charge is prohibited by law.
Passengers are expected to take reasonable care of any vehicle used to provide a Guardian Cars journey.
The customer and passengers must not deliberately, recklessly or negligently cause damage, exceptional soiling or contamination to the vehicle or its equipment.
Where damage, exceptional soiling or contamination is caused by a passenger, Guardian Cars may seek to recover the reasonable costs and losses directly resulting from the incident.
Guardian Cars will not charge passengers for ordinary wear and tear or routine cleaning that would reasonably be expected as part of normal private hire vehicle operation.
This may include minor everyday dirt, small amounts of ordinary debris or other cleaning that does not require exceptional cleaning, specialist treatment or removal of the vehicle from service.
Passengers will not be charged for pre-existing damage or soiling for which they were not responsible.
A passenger may be responsible for reasonable cleaning or remediation costs where they cause exceptional soiling or contamination requiring cleaning beyond the normal preparation of the vehicle between passengers.
This may include, but is not limited to:
vomit;
urine, blood or other bodily fluids;
significant food or drink spillages;
excessive mud or dirt;
staining of seats, carpets, trim or other surfaces;
exceptional soiling caused by an animal;
strong or persistent contamination requiring specialist treatment; or
any other substance or contamination that requires exceptional or professional cleaning.
The amount charged will be based on the reasonable cleaning or remediation required rather than being imposed as an arbitrary fine or penalty.
Where a passenger deliberately, recklessly or negligently damages the vehicle or equipment used in connection with a Guardian Cars journey, the customer or responsible passenger may be required to pay the reasonable cost of repair or replacement.
Damage may include, but is not limited to:
damaged or torn upholstery;
damaged carpets or interior trim;
broken handles, controls or fittings;
damage to doors, windows or bodywork;
damage to seat belts or safety equipment;
damage to electronic equipment, charging equipment or accessories; or
other physical damage caused during or in connection with the booking.
Guardian Cars will not seek to recover the cost of unrelated pre-existing damage or ordinary wear and tear.
Where professional cleaning, specialist treatment, repair or replacement is reasonably required, Guardian Cars may obtain an invoice, receipt, quotation or other appropriate evidence of the cost.
Where immediate action is reasonably necessary to return the vehicle to a safe, sanitary or usable condition, Guardian Cars is not required to delay necessary cleaning or repair solely to obtain multiple quotations.
Any amount claimed will nevertheless be reasonable and related to the loss or cost arising from the incident.
Where damage, soiling or contamination caused by a passenger makes the vehicle unsafe, unsanitary or otherwise reasonably unsuitable for private hire work, Guardian Cars may temporarily remove the vehicle from service.
Where this results in a genuine financial loss, Guardian Cars may seek to recover reasonable and demonstrable losses directly resulting from the period during which the vehicle could not reasonably be used.
This may include loss arising from confirmed bookings that Guardian Cars was unable to fulfil or reasonably reallocate because the affected vehicle was unavailable.
Guardian Cars will take reasonable steps to minimise its losses where practicable, including considering whether affected bookings can reasonably be fulfilled using another suitable driver or vehicle.
Guardian Cars will not claim speculative or unrelated earnings that cannot reasonably be connected to the incident.
Where reasonably practicable, Guardian Cars will retain appropriate evidence supporting a cleaning, damage or loss-of-use claim.
Depending on the circumstances, this may include:
photographs or video showing the condition of the vehicle;
the relevant booking record;
details of the incident;
cleaning receipts or invoices;
repair or replacement quotations and invoices;
records showing when the vehicle was unavailable for service;
details of confirmed bookings directly affected by the incident; and
other reasonable evidence relevant to establishing the loss.
The absence of one particular type of evidence does not necessarily prevent Guardian Cars from establishing a genuine claim using other reasonable evidence.
Where a passenger is responsible for damage, exceptional soiling or contamination, the amount payable may include, where applicable:
reasonable cleaning or specialist remediation costs;
reasonable repair costs;
reasonable replacement costs where repair is not practical;
other reasonable costs directly caused by the incident; and
reasonable and demonstrable loss resulting directly from the vehicle being unavailable for service.
Guardian Cars will not impose an amount that is intended merely to punish the passenger or operate as an arbitrary penalty.
Where an amount becomes properly payable under this section, Guardian Cars may provide the customer with details of the amount claimed and, where appropriate, supporting evidence.
Where the customer has expressly authorised Guardian Cars or its payment provider to use an authorised payment method for additional charges arising from the booking, Guardian Cars may attempt to collect the properly due amount using that payment method, subject to applicable law and the payment provider's requirements.
Where direct collection is not available or appropriate, Guardian Cars may issue an invoice, payment request or payment link for the amount due.
Guardian Cars will not charge a customer's payment card or other payment method without appropriate authority to do so.
A customer who reasonably believes that they are not responsible for a cleaning or damage charge should contact Guardian Cars as soon as reasonably practicable.
Guardian Cars will consider any reasonable information or evidence supplied by the customer before determining whether an outstanding amount remains payable.
Nothing in this section prevents either party from exercising any applicable statutory or legal rights.
Where a properly due cleaning, damage or associated loss-of-use charge remains unpaid, Guardian Cars may make reasonable attempts to obtain payment from the customer.
If the amount remains unpaid after reasonable requests for payment, Guardian Cars reserves the right to take reasonable and lawful steps to recover the outstanding debt.
This may include referral to an appropriate debt-recovery service or commencement of civil legal proceedings where proportionate and appropriate.
The customer will only be responsible for additional recovery costs where those costs are lawfully recoverable.
Where damage appears to have been deliberately caused, involves threatening or criminal behaviour, or is otherwise sufficiently serious, Guardian Cars may report the incident to the police or another appropriate authority in addition to pursuing any available civil remedy.
Any decision to report an incident to the authorities is separate from Guardian Cars' right to seek recovery of reasonable losses arising from the damage.
Guardian Cars will make reasonable efforts to arrive at the agreed collection point at the confirmed collection time and to complete the journey within a reasonable period.
Collection times, journey durations and estimated arrival times may, however, be affected by circumstances that cannot always be predicted or controlled.
Unless Guardian Cars has expressly agreed otherwise, a stated journey duration or estimated arrival time is an estimate rather than a guarantee.
Guardian Cars is not responsible for delays caused by traffic congestion, roadworks, accidents, diversions, road closures or other road conditions that could not reasonably have been avoided.
The driver may use an alternative route where reasonably necessary because of traffic, road conditions, safety concerns or other operational circumstances.
For a confirmed fixed-fare journey, ordinary traffic delays or reasonable route changes will not by themselves increase the fare, subject to Section 3 — Fares & Payment.
Guardian Cars will not be responsible for delay or failure to provide a service to the extent that it is caused by circumstances outside Guardian Cars' reasonable control.
Such circumstances may include:
severe weather;
flooding, snow, ice or other hazardous road conditions;
major traffic incidents;
unexpected road closures;
emergency-service activity;
police incidents or restrictions;
public disorder;
major public events;
industrial action affecting roads, airports or transport infrastructure;
airport closures or significant airport disruption;
failure or disruption of telecommunications, navigation or other essential third-party systems;
government or public-authority restrictions; or
other exceptional circumstances that Guardian Cars could not reasonably prevent or overcome.
Guardian Cars will nevertheless take reasonable steps to minimise disruption where practicable.
If a vehicle suffers a breakdown, mechanical problem, puncture, accident or other unexpected issue that materially affects a confirmed booking, Guardian Cars will make reasonable efforts to minimise the disruption.
Depending on the circumstances, Guardian Cars may:
attempt to resolve the problem where reasonably possible;
arrange another appropriately licensed driver and vehicle;
agree a revised collection time with the customer; or
make another reasonable alternative arrangement.
Where Guardian Cars cannot provide the journey and no suitable alternative arrangement can reasonably be made, the customer will not be charged for the part of the service that Guardian Cars is unable to provide.
Any payment already received for a service that cannot be provided will be refunded as appropriate.
Guardian Cars may use another appropriately licensed driver and vehicle where reasonably necessary to fulfil a confirmed booking.
A replacement may be used where, for example:
the originally intended vehicle becomes unavailable;
the originally intended driver becomes unavailable;
an earlier booking is unexpectedly delayed;
a breakdown or other operational problem occurs; or
another unforeseen circumstance affects the planned allocation.
Where reasonably practicable, Guardian Cars will inform the customer of a material change to the driver or vehicle.
The use of a suitable replacement driver or vehicle does not by itself constitute cancellation of the booking by Guardian Cars.
An unexpected delay on one journey may occasionally affect a later confirmed booking.
Where Guardian Cars becomes aware that it is likely to arrive materially later than expected for a subsequent booking, Guardian Cars will make reasonable efforts to inform the affected customer as soon as practicable.
Where possible, Guardian Cars may:
provide an updated estimated arrival time;
arrange another appropriately licensed driver and vehicle; or
agree another suitable arrangement with the customer.
Customers should allow appropriate additional time when booking journeys connected with:
flights;
trains;
ferries;
coaches;
appointments;
events; or
other time-sensitive commitments.
Guardian Cars will make reasonable efforts to complete the journey in accordance with the booking but cannot guarantee that a passenger will arrive in time for a particular connection, appointment or event where arrival is affected by circumstances outside Guardian Cars' reasonable control.
Nothing in this provision excludes or restricts liability where it would be unlawful to do so.
Where the journey is delayed because the passenger is not ready at the agreed collection time, requests an additional stop or journey change, or otherwise causes additional waiting, the applicable provisions of Section 4 — Waiting Time, Section 6 — Amendments to Bookings and Section 7 — Cancellations & No-Shows may apply.
Guardian Cars will make reasonable efforts to accommodate passenger delays but cannot guarantee that an extended delay can be accommodated where doing so would materially affect another confirmed booking.
Where a significant disruption affects a confirmed booking, Guardian Cars will make reasonable efforts to keep the customer informed using the contact information available for the booking.
Customers should therefore ensure that the contact information supplied to Guardian Cars is accurate and that, where reasonably possible, they remain contactable around the time of the journey.
A failure of mobile networks, internet services or other communications infrastructure outside Guardian Cars' reasonable control may affect Guardian Cars' ability to provide updates.
Where disruption makes it impossible or impractical to provide the booking exactly as originally confirmed, Guardian Cars and the customer may agree a reasonable alternative arrangement.
This may include:
a revised collection time;
a different suitable vehicle;
another appropriately licensed driver;
a reasonable change to the collection point; or
rescheduling the journey.
The customer will not be required to accept a materially different service where the proposed alternative does not reasonably meet the purpose of the original booking.
Where Guardian Cars is unable to provide a confirmed journey, and no suitable alternative arrangement is agreed, any payment received for the part of the service that cannot be provided will be refunded as appropriate.
Where part of the journey has already been properly provided before disruption occurs, any refund will take account of the service already supplied.
Nothing in this section affects the customer's statutory rights.
Nothing in this section excludes or limits liability where it would be unlawful to do so.
The general provisions concerning Guardian Cars' liability are set out in Section 14 — Liability.
Passengers are responsible for their personal belongings while travelling with Guardian Cars and should ensure that they take all of their property with them when leaving the vehicle.
Guardian Cars cannot guarantee the recovery of property that is lost or left behind.
Passengers are encouraged to check the vehicle carefully before leaving, particularly for items such as mobile phones, wallets, keys, bags and travel documents.
A passenger who believes that they have left an item in a Guardian Cars vehicle should contact Guardian Cars as soon as reasonably possible.
The passenger should provide sufficient information to assist Guardian Cars in identifying the booking and the missing item, which may include:
the passenger's name;
the date and approximate time of the journey;
the collection point and destination;
a description of the missing item; and
any other information that may reasonably assist in locating it.
Guardian Cars will make reasonable efforts to check the relevant vehicle and determine whether the item has been found.
Where property is found in a Guardian Cars vehicle, Guardian Cars will take reasonable steps to store it safely and, where possible, identify or contact the owner.
Guardian Cars may use the contact details associated with the relevant booking for the purpose of attempting to return the property.
Where the owner cannot immediately be identified or contacted, the property will be dealt with in accordance with applicable legal, licensing or local-authority requirements.
Where an item has been found, Guardian Cars will make reasonable arrangements with the owner for its return.
Depending on the circumstances, this may include:
collection from an agreed location;
return during a future journey;
delivery by Guardian Cars; or
another reasonable arrangement agreed with the owner.
Guardian Cars is not required to make a special journey without charge solely to return property left in a vehicle.
Where the owner requests delivery or another arrangement that requires a special journey, the owner may be asked to pay a reasonable delivery or journey charge, which should be agreed before the item is returned.
Where an item appears to be particularly valuable, sensitive or important, Guardian Cars may take additional reasonable steps to protect the item or establish the identity of the person claiming it.
Such items may include:
mobile phones;
wallets or purses;
bank cards;
identification documents;
passports;
keys;
medication; or
other valuable or sensitive property.
Guardian Cars may ask a person claiming an item to provide reasonable information demonstrating that the item belongs to them before releasing it.
Property that remains unclaimed will not necessarily be retained indefinitely.
Where an item has not been claimed within a reasonable period, Guardian Cars may deal with it in accordance with applicable law, licensing requirements or any relevant guidance issued by the licensing authority.
Depending on the nature of the item and the applicable requirements, this may include handing the property to the police or another appropriate authority, or otherwise disposing of it lawfully.
Guardian Cars is not required to retain an item where doing so would be unsafe, unlawful or unreasonable.
This may include:
perishable food or drink;
hazardous materials;
illegal substances;
contaminated or unsanitary items; or
anything that presents a safety, hygiene or legal risk.
Such items may be disposed of, reported or handed to an appropriate authority where reasonably necessary.
Guardian Cars will take reasonable care of property that is found and retained.
However, Guardian Cars is not responsible for a passenger simply leaving an item behind, except to the extent that liability arises under applicable law because of Guardian Cars' subsequent handling of property once it has been found.
Nothing in this section excludes or limits liability where it would be unlawful to do so.
Guardian Cars will not normally access the contents of a lost mobile phone, tablet, computer or other electronic device except where reasonably necessary and lawful for the limited purpose of identifying or contacting the owner.
Guardian Cars is not responsible for securing, backing up or protecting data stored on a passenger's lost electronic device.
Any personal information obtained solely for the purpose of identifying or returning lost property will be handled in accordance with the applicable privacy requirements.
Guardian Cars aims to provide a professional, safe and reliable private hire service.
Customers who have a concern about a booking, journey, driver, vehicle, payment or other aspect of the Guardian Cars service are encouraged to contact Guardian Cars directly so that the matter can be reviewed and, where appropriate, resolved.
Customers may contact Guardian Cars using the contact details published on the Guardian Cars website or provided as part of their booking.
A complaint may be made by telephone, email, messaging service or another contact method made available by Guardian Cars.
To help Guardian Cars investigate the matter effectively, customers should provide as much relevant information as reasonably possible.
This may include:
the customer's name and contact details;
the booking date and time;
the booking reference, where available;
the collection point and destination;
details of the driver or vehicle, where relevant;
a clear description of the concern or complaint; and
any photographs, messages, receipts or other information relevant to the matter.
Customers are encouraged to raise complaints as soon as reasonably practicable after the event so that relevant information can be obtained and considered while it remains available.
Guardian Cars will consider complaints fairly and reasonably.
Depending on the nature of the complaint, Guardian Cars may review:
the original booking information;
communications relating to the booking;
payment records;
journey or operational records;
relevant location or journey-tracking information;
photographs or other evidence;
information provided by the driver; and
any other information reasonably relevant to the complaint.
Guardian Cars may contact the customer for further information where this is reasonably necessary to investigate the matter.
Guardian Cars will aim to acknowledge and respond to complaints within a reasonable period, taking account of the nature and complexity of the issue.
Some complaints may require additional investigation before a final response can be provided.
Where this occurs, Guardian Cars will make reasonable efforts to keep the customer informed of material progress where appropriate.
Where a complaint is upheld in whole or in part, Guardian Cars will consider an appropriate and proportionate response.
Depending on the circumstances, this may include:
an explanation or apology;
correction of an error;
a refund or partial refund where appropriate;
correction of an incorrect charge;
review of a driver, vehicle or operational issue;
changes to procedures where reasonably necessary; or
another appropriate remedy.
Making a complaint does not automatically entitle the customer to a refund or compensation. Any remedy will depend upon the circumstances and the customer's applicable legal rights.
Where a complaint concerns the conduct of a driver, the condition of a vehicle or another matter relevant to private hire licensing, Guardian Cars will take the complaint seriously and investigate it as appropriate.
Where another licensed driver or vehicle was used to fulfil the booking, Guardian Cars may need to obtain information from the relevant driver or other appropriate party in order to investigate the complaint.
Where the matter raises a significant safety, safeguarding, legal or licensing concern, Guardian Cars may refer relevant information to Thanet District Council, the police or another appropriate authority where necessary or required by law.
Nothing in these Terms and Conditions prevents a customer from contacting Thanet District Council, the police, a court, a consumer-protection body or another competent authority where they are entitled to do so.
Guardian Cars may encourage customers to contact Guardian Cars directly first where the issue can reasonably be investigated and resolved internally, but customers are not required to surrender or restrict any statutory right to raise a matter with an appropriate authority.
Guardian Cars understands that customers making a complaint may be dissatisfied or frustrated and will make reasonable efforts to deal with complaints professionally.
However, customers must not engage in threatening, abusive, discriminatory or harassing behaviour towards Guardian Cars, a driver or another person involved in dealing with the complaint.
Guardian Cars may reasonably limit or end communications that become abusive, threatening, persistently harassing or otherwise unreasonable.
Where possible, this will not prevent the underlying complaint from being considered on its merits.
Guardian Cars may retain appropriate records of complaints and their outcomes for legitimate operational, legal, insurance, safeguarding and licensing purposes.
Complaint records containing personal information will be handled in accordance with applicable data-protection requirements and the Guardian Cars Privacy Policy.
The Guardian Cars complaints process is intended to provide customers with a practical way to raise concerns and seek resolution.
It does not replace or restrict any statutory right or legal remedy available to the customer.
Nothing in this section prevents Guardian Cars or the customer from pursuing another lawful method of resolving a dispute where direct resolution is not possible.
Guardian Cars will provide its private hire services with reasonable care and skill and in accordance with applicable legal and licensing requirements.
Nothing in these Terms and Conditions is intended to remove or reduce any responsibility that Guardian Cars cannot lawfully exclude or restrict.
Collection times, journey durations, estimated arrival times and other timing information may be affected by traffic, road conditions, weather, accidents, diversions, airport or transport disruption and other circumstances.
Guardian Cars will make reasonable efforts to provide the journey in accordance with the confirmed booking but cannot guarantee an exact journey duration or arrival time.
Where a delay results from circumstances outside Guardian Cars' reasonable control, liability will be considered in accordance with Section 11 — Delays & Events Outside Guardian Cars' Control.
Customers are responsible for allowing sufficient time for:
flights;
trains;
ferries;
appointments;
events; and
other time-sensitive arrangements.
Where Guardian Cars has recommended a reasonable collection time and the customer requests a later collection, Guardian Cars will not be responsible for a missed connection solely because the customer chose to allow less journey time than reasonably recommended.
Guardian Cars does not guarantee that a passenger will make a particular onward connection where failure to do so results from circumstances outside Guardian Cars' reasonable control.
This does not exclude responsibility where a loss is caused by Guardian Cars failing to provide the service with reasonable care and skill.
Guardian Cars is entitled to rely reasonably upon information supplied by the customer when accepting and planning a booking.
Guardian Cars will not normally be responsible for loss resulting directly from materially inaccurate or incomplete information supplied by the customer, including incorrect:
collection or destination details;
dates or times;
flight or travel information;
passenger numbers;
luggage information; or
other material booking requirements.
This does not apply where Guardian Cars knew, or reasonably should have known, that the information was incorrect and failed to take appropriate action.
Passengers remain responsible for their personal belongings during a journey.
Guardian Cars cannot guarantee the recovery of property left in a vehicle and will not be responsible merely because an item alleged to have been left in a vehicle cannot subsequently be located.
Where property is actually found and taken into Guardian Cars' possession, reasonable care will be taken while it is held in accordance with Section 12 — Lost Property.
Nothing in this provision excludes liability for loss or damage caused by a failure by Guardian Cars to exercise reasonable care where such liability cannot lawfully be excluded.
Guardian Cars will not be responsible for loss or damage caused by the passenger's own unlawful, negligent or unreasonable actions or by a passenger's material breach of these Terms and Conditions.
Passengers may themselves be responsible for reasonable losses they cause, including vehicle damage, exceptional soiling or other costs dealt with elsewhere in these Terms and Conditions.
Where Guardian Cars reasonably arranges another appropriately licensed driver and suitable vehicle to fulfil a confirmed booking, Guardian Cars remains responsible for the booking as the licensed operator to the extent required by applicable law.
The use of another suitable licensed driver or vehicle does not by itself constitute a failure to provide the contracted service.
Guardian Cars will not be responsible for loss caused solely by circumstances outside its reasonable control where Guardian Cars has taken reasonable steps to prevent, minimise or respond to the disruption.
Such circumstances may include the events described in Section 11 — Delays & Events Outside Guardian Cars' Control.
Where disruption occurs, Guardian Cars will make reasonable efforts to assist the customer and provide an alternative arrangement where reasonably practicable.
Guardian Cars will not normally be responsible for losses that were not reasonably foreseeable when the booking contract was made or that do not result from a breach by Guardian Cars.
Guardian Cars will not be responsible for business losses suffered by a customer where the journey was booked wholly for private or personal purposes.
Where a booking is made for business purposes, any limitation of liability will be subject to applicable law and any separately agreed commercial terms.
Nothing in these Terms and Conditions excludes or limits liability where doing so would be unlawful.
In particular, nothing in these Terms is intended to exclude or restrict liability for:
death or personal injury caused by negligence where liability cannot lawfully be excluded;
fraud or fraudulent misrepresentation;
breach of statutory rights that cannot lawfully be excluded or restricted; or
any other liability that applicable law does not permit Guardian Cars to exclude or limit.
These Terms and Conditions are intended to operate alongside the customer's statutory rights.
Nothing in these Terms affects rights or remedies available to a consumer under applicable UK consumer law.
Where any provision of these Terms conflicts with a statutory right that cannot lawfully be excluded or restricted, the statutory right will take precedence.
Guardian Cars may collect and use personal information where reasonably necessary to manage bookings, provide private hire services, communicate with customers, process payments, maintain appropriate records and comply with legal or licensing obligations.
Personal information may include:
customer and passenger names;
telephone numbers and email addresses;
collection points and destinations;
booking dates and times;
journey details;
flight or other travel information;
payment and transaction information;
communications relating to a booking;
information concerning accessibility or other requirements voluntarily provided for the journey; and
other information reasonably necessary to provide or administer the service.
Further information about how Guardian Cars handles personal information will be provided in the Guardian Cars Privacy Policy.
Guardian Cars may retain appropriate records relating to bookings and journeys for legitimate operational, accounting, insurance, legal, regulatory and licensing purposes.
These records may include:
booking details;
booking confirmations;
amendments and cancellations;
payment records;
driver and vehicle allocation information;
communications relating to the booking;
journey status information; and
other records reasonably required in connection with the provision of the service.
Records will be retained only for as long as reasonably necessary for the purpose for which they are held or as otherwise required by law.
Guardian Cars may use driver-location and journey-tracking technology to assist with the operation of its private hire service.
This may include the use of GPS or similar location technology for purposes such as:
dispatching and managing bookings;
identifying the location of the assigned driver;
providing journey progress or estimated arrival information;
enabling passenger tracking features;
supporting safety and operational oversight;
investigating complaints or incidents; and
maintaining appropriate journey records.
Location information will only be used where there is an appropriate operational, safety, legal or other lawful purpose.
Guardian Cars may provide passengers with access to a journey-tracking service for an active booking.
The tracking service may display information such as:
the assigned driver's name;
relevant driver or vehicle licensing information;
vehicle details;
the driver's approximate or current location;
estimated arrival information;
journey status; and
other information reasonably necessary to identify the booked vehicle and assist the passenger with their journey.
Tracking access may be provided through a secure or booking-specific link or another method made available by Guardian Cars.
Passenger tracking is intended for use in connection with the relevant booking and should not be used for an unrelated purpose.
Passenger access to live driver-location information will normally be limited to the period during which the information is reasonably required for the booking.
Guardian Cars may activate, restrict or end passenger tracking according to the status of the journey.
Live driver-location information will not normally remain available to the passenger indefinitely after the relevant journey has ended.
Guardian Cars may retain appropriate journey or location records after the live tracking service has ended where reasonably necessary for legitimate operational, safety, legal, insurance or licensing purposes.
Guardian Cars may contact the customer or passenger where reasonably necessary to manage or provide a booking.
This may include:
booking confirmations;
collection or arrival information;
driver or vehicle details;
tracking links;
requests for information necessary to complete the booking;
changes or disruption affecting the journey;
payment information;
receipts;
cancellation information; and
other service communications reasonably connected with the booking.
Depending on the contact details provided and the communication methods available, these messages may be sent by SMS, telephone, email, messaging service or another appropriate method.
Where a booking is made on behalf of another person, Guardian Cars may contact the travelling passenger directly where their contact information has been provided and communication is reasonably necessary to fulfil the booking.
The customer making the booking is responsible for ensuring that they are entitled to provide another person's contact information to Guardian Cars for the purpose of arranging the journey.
Operational communications concerning an existing booking are separate from marketing communications.
Guardian Cars will not treat a customer's agreement to receive necessary booking communications as automatic consent to receive unrelated marketing.
Where Guardian Cars sends electronic marketing communications, it will do so in accordance with applicable legal requirements and any consent or other lawful basis required for those communications.
Customers may withdraw consent to marketing communications where applicable without preventing Guardian Cars from sending necessary service communications relating to an active or future booking.
Guardian Cars may share personal information where reasonably necessary to provide or administer the service or where otherwise permitted or required by law.
This may include sharing relevant information with:
a driver assigned to the booking;
another appropriately licensed driver or operator assisting with the booking;
payment-service providers;
technology or communications providers supporting the Guardian Cars service;
insurers or professional advisers where reasonably necessary;
Thanet District Council or another relevant licensing authority;
the police, courts or other competent authorities where required or lawfully appropriate; and
other service providers where reasonably necessary for the operation of the booking or Guardian Cars service.
Only information reasonably necessary for the relevant purpose should be shared.
Payments may be processed using third-party payment-service providers.
Guardian Cars may receive and retain transaction information necessary for accounting, booking administration, refunds, disputes or other legitimate business purposes.
Guardian Cars will not claim to store complete payment-card information where that information is instead handled securely by the relevant payment provider.
The handling of payment information may also be subject to the privacy and security terms of the relevant payment provider.
Guardian Cars will take reasonable steps to protect personal information against unauthorised access, loss, misuse, alteration or disclosure.
No electronic system can be guaranteed to be completely secure, but Guardian Cars will use reasonable measures appropriate to the nature of the information and the systems used to provide the service.
Customers may have rights under applicable data-protection law in relation to their personal information.
Depending on the circumstances, these may include rights relating to:
access to personal information;
correction of inaccurate information;
deletion of information;
restriction of processing;
objection to certain processing;
data portability; and
withdrawal of consent where processing is based on consent.
The availability of a particular right depends on the circumstances and the applicable law.
Further information about exercising these rights will be provided in the Guardian Cars Privacy Policy.
Customers who have a concern about the way Guardian Cars has handled their personal information are encouraged to contact Guardian Cars so that the matter can be investigated.
Nothing in these Terms and Conditions prevents a customer from exercising any right to raise a data-protection concern with the Information Commissioner's Office (ICO) or another competent authority.
This section provides a general explanation of privacy, tracking and communications in connection with the Guardian Cars service.
The Guardian Cars Privacy Policy will provide more detailed information about the collection, use, retention, sharing and protection of personal information and the customer's rights in relation to that information.
Where data-protection law requires information to be provided in a particular manner, the Privacy Policy and any other applicable privacy notice will be used for that purpose.
Nothing in this section reduces any right or protection available under applicable data-protection law.
These Terms and Conditions and any contract for private hire services made with Guardian Cars are governed by the laws of England and Wales.
Nothing in these Terms and Conditions affects any statutory rights or protections available to a consumer under applicable law.
Guardian Cars and the customer will, where reasonably possible, attempt to resolve any dispute directly before commencing legal proceedings.
Where a dispute cannot be resolved, either party may exercise any right available to them through the courts or another lawful dispute-resolution process.
Nothing in these Terms is intended to restrict a consumer's right to bring proceedings in a court having jurisdiction under applicable consumer law.
The confirmed booking, these Terms and Conditions, and any specific terms or arrangements expressly agreed between Guardian Cars and the customer in relation to that booking together form the agreement governing the private hire service.
Where a specific booking confirmation expressly contains a term that differs from a general provision in these Terms and Conditions, the specifically agreed booking term will apply to that booking to the extent of the difference.
If any provision, or part of a provision, within these Terms and Conditions is found by a court or other competent authority to be unlawful, invalid or unenforceable, that provision or part will be treated as ineffective only to the extent necessary.
The remaining provisions of these Terms and Conditions will continue to apply so far as legally possible.
Where Guardian Cars chooses not to enforce a particular provision of these Terms and Conditions on one occasion, this does not prevent Guardian Cars from enforcing that provision on another occasion.
For example, if Guardian Cars chooses to reduce or waive a cancellation, waiting or other charge because of a customer's particular circumstances, that decision does not permanently alter the applicable policy or create an entitlement to the same concession on a future booking.
Guardian Cars may update these Terms and Conditions from time to time to reflect changes to:
the services provided by Guardian Cars;
fares, charges or booking arrangements;
payment methods;
airport or parking arrangements;
technology used to provide the service;
applicable law or regulatory requirements;
private hire licensing requirements; or
other reasonable operational requirements.
The current version will be made available through the Guardian Cars website or another appropriate customer-accessible method.
Unless a change is required by law or otherwise expressly agreed with the customer, a material change to these Terms and Conditions will not normally be applied retrospectively to disadvantage a customer in relation to a booking that was already confirmed under an earlier version.
The Terms and Conditions applicable when a booking is confirmed will normally govern that booking.
Guardian Cars may retain appropriate records identifying the version of the Terms applicable to a booking.
Guardian Cars may agree particular arrangements with a customer for an individual booking.
Any such arrangement only changes these Terms where Guardian Cars has expressly agreed to the variation.
A booking-specific arrangement does not automatically change the Terms applicable to any future booking.
Guardian Cars may enter into separate arrangements with businesses, account customers, contractors or other organisations.
Where separate written commercial terms have been agreed, those terms may supplement or replace relevant provisions of these Terms and Conditions for bookings made under that arrangement.
Unless otherwise agreed, these Terms and Conditions continue to apply to the extent that they are relevant and do not conflict with the separately agreed commercial terms.
Unless applicable law provides otherwise, a person who is not a party to the booking contract does not acquire a contractual right to enforce these Terms merely because they are mentioned in or may benefit from the booking.
This does not affect any legal rights that a passenger or another person may have independently of these Terms.
Section titles and headings are provided to make these Terms and Conditions easier to read.
They do not alter the meaning or interpretation of the provisions themselves.
Customers who have questions concerning a booking, these Terms and Conditions, a payment or the Guardian Cars service may contact Guardian Cars using the contact information published on the Guardian Cars website or provided with their booking.
Specific information about complaints is provided in Section 13 — Complaints & Customer Service.
Information about the handling of personal information will be provided in the Guardian Cars Privacy Policy.
These Terms and Conditions will display an effective date or last-updated date when published.
Guardian Cars may also assign a version number to the Terms for record-keeping purposes.
Where appropriate, Guardian Cars may record which version of the Terms and Conditions applied when an individual booking was accepted and confirmed.