By arranging Horse Transport through Horseboxhub Ltd through this web portal (the “Website”) the User will be deemed to have read, understood and agreed to these Terms and Conditions (Terms). For the purposes of these Terms, the Horse Transport Company shall be referred to as “Supplier”.
The following definitions and rules of interpretation shall apply in addition to the above in this agreement.
Service Fee: the fee the User pays to Horseboxhub Ltd for booking the Horse Transporter.
Membership Fee: the fee the Supplier pays to Horseboxhub Ltd for advertising as an available Horse Transporter.
Business Day: a day other than a Saturday, Sunday or public holiday in the United Kingdom when banks are open for business.
Business Hours: the period from 9.00 am to 5.00 pm on any Business Day.
Horse Transport: the horse transport available uploaded on the Website by the Supplier.
User: a party, individual, business, company group or other entities whether incorporated or not who/which arranges horse transport from the Supplier through the Website by making a booking through Horseboxhub Ltd.
Day: a period of 24 consecutive hours ending at 12.00 midnight.
Fee: means the Hiring Fee and the Service Fee.
Hiring Fee: the fee which the User pays to the Supplier for the hire of the Horse Transporter.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Month: a calendar month.
VAT: value added tax chargeable under the Value Added Tax Act 1994.
Week: any period of seven consecutive Days.
Year: any period of 12 consecutive Months.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representative successors and permitted assigns.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
A reference to any party shall include that party’s personal representatives, successors and permitted assigns.
A reference to writing or written includes e-mail.
Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense. the words, description, definition, phrase or term preceding those terms.
1.1. Prices and availability of Horse Transporters are subject to change without notice to the User.
1.2. The User acknowledges that Horseboxhub Ltd is a booking site only, and that the Terms govern Users booking of Horse Transport through this Website.
1.3. To book a Horse Transporter the User must fill in a journey quote request form (“Booking Form) online on this website. If the Supplier accepts the booking then the User will receive a notice thereof to an address the User has notified Horseboxhub Ltd of.
1.4. The User warrants that all information the User provides on the Booking Form is correct and true.
1.6. Once the User has received the Supplier’s acceptance, a contract between the Supplier and the User for the hiring of Horse Transport has been formed.
1.7. The User understands that the fee for hiring the Horse Transporter starts from the moment the Horse Transporter is made available to the User until the journey has been completed. As such allowances should be made for additional travel time.
1.8. Bookings that are for a substantial period of time should be discussed with the Supplier ahead of booking to avoid any problems.
1.9. Suppliers can take around 48 hours to respond to correspondence relating to the hire of Horse Transport and are not obligated to accept a booking request.
2. The Horse Transporters
2.1. The User agrees that Horseboxhub Ltd does not own the Horse Transporters or has any prior knowledge of the conditions of the Horse Transport Vehicles or has carried out any examination of the Supplier or Vehicles and that Horseboxhub Ltd does not accept any liability for the Horse Transport, including their conditions, state or suitability for relevant booking
2.2. The User acknowledges that Horse Transporters may not all be registered. In this case, the User should contact the Supplier directly if they are unsure or require more information regarding the Supplier or Vehicles.
2.3. The User understands that it is possible that a Horse Transporter may breakdown. The Supplier agrees that it is their responsibility to ensure that breakdown cover is available and that in the event of a breakdown the User is informed immediately.
2.4. The Supplier must ensure that anyone driving the Horse Transport Vehicle holds a valid license and insurance under the laws of the country in which the vehicle will be used.
3. Payments and Fees
3.1. The User must pay the Fee before the Horse Transporter is made available to the User.
3.2. When the Booking is made the User must provide the payment details which are necessary for Horseboxhub Ltd to process the payment of the Fee.
3.3. Horseboxhub Ltd reserves the right to process the full payment of the Service Fee at any time from Booking to the date when the Horse Transporter is made available to the User. Horseboxhub Ltd will notify the User that the User must pay the balance of the Hiring Fee directly to the Supplier on the day of travel.
3.4. Any refund agreed by Horseboxhub Ltd shall be refunded to the same payment method as it was paid.
4. Users Right to Cancel
4.1. Service Fees shall be refunded within 24 hours after it has been deducted in the case of a cancellation by the User. An administration fee may be deducted.
4.2. Service Fees shall not be refunded after 24 hours after it has been deducted in the case of a cancellation by the User.
4.3. Refunds due to cancellations by the Supplier shall be refunded from the Supplier directly.
4.4. Nothing in these Terms shall be deemed to mean that any statutory rights of the User if the User is a consumer have been restricted. To exercise the right to cancel, the User must inform us Horseboxhub Ltd, Unit 20, Shawlands Court, Newchapel Road, Lingfield, Surrey, RH7 6BL email: email@example.com, telephone +44 (0)1342 395110 of the User’s decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
4.5. If the User wishes to exercise his statutory right in clause 4.5 the User has 14 days to cancel the Booking after the day Horseboxhub Ltd emails the User to confirm the booking. However, once the Horse Transporter has been made available to the User in accordance with the booking, he cannot cancel, even if the period is still running.
5. Cancellations & Amendments to Bookings
5.1. Occasionally the Supplier may cancel or amend a booking. In such event the User will be notified by the Supplier as soon as possible.
5.2. Any claims in relation to the cancellation or amendment of a booking should be directed to the Supplier directly.
5.3. Horseboxhub Ltd acts only as a booking site and take no responsibility for the reliability of the Supplier.
5.4. Horseboxhub Ltd do not accept any liability for matters beyond the actual online booking of a Horse Transporter.
5.5. In the event that the User wishes to amend the booking by way of extending the period of hire or requesting other services than originally booked, the Supplier shall be entitled to decline such request and if the Supplier accepts the amendment, a new Fee will be calculated and must be paid in accordance with the Terms.
6.1. All complaints relating to the booking process should be directed to Horseboxhub Ltd directly.
6.2. Matters relating to the Horse Transporter, the Supplier or likewise should be directed to the Supplier. The User will receive details of the Supplier at the time of booking.
6.3. In the event that the User is not satisfied with a Supplier or vehicle, then Horseboxhub Ltd should be informed as well as the Supplier so that Horseboxhub Ltd can remove the Supplier from their database, if necessary.
7. Copyrights and Trademarks
7.1. All copyright, trademarks and all other Intellectual Property Rights on the Website and its content (including without limitation the website design, text, graphics an software and source codes connected with the website) are owned or licensed to Horseboxhub Ltd or otherwise used by Horseboxhub Ltd as permitted by law.
7.2. In accessing the Website, the User agrees that none of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non- commercial home us only.
8. Disclaimer & Limitations of Liability
8.1. NOTHING IN THIS AGREEMENT SHALL, NOR SHALL BE DEEMED, TO LIMIT OR EXCLUDE HORSEBOXHUB LTD’S LIABILITY NEITHER FOR FRAUD NOR FOR PERSONAL INJURY OR DEATH CAUSED BY HORSEBOXHUB LTD’S NEGLIGENCE.
8.2. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON HORSEBOXHUB LTD’S WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, HORSEBOXHUB LTD AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO SUPPLIER PHOTOGRAPHS, PRODUCT DESCRIPTIONS AND LISTS OF TRANSPORTER VEHICLES AND OTHER PRODUCT DESCRIPTIONS DISPLAYED ON HORSEBOXHUB LTD’S WEBSITE MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. HORSEBOXHUB LTD AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS OF SUPPLIERS OR THEIR SERVICES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HORSEBOXHUB LTD ITS AFFILIATES, AND/OR THE RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THEIR WEBSITE AT ANY TIME HORSEBOXHUB LTD, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THEIR WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THEIR WEB DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY HORSEBOXHUB LTD OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HORSEBOXHUB LTD, ITS AFFILIATES, AND/OR THE RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
8.3. THE SUPPLIERS PROVIDING SERVICES FOR HORSEBOXHUB LTD ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF HORSEBOXHUB LTD AND HORSEBOXHUB LTD ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. HORSEBOXHUB LTD AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
8.4. IN NO EVENT SHALL HORSEBOXHUB LTD ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THEIR WEBSITE OR WITH THE DELAY OR INABILITY TO USE THEIR WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THEIR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THEIR WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF HORSEBOXHUB LTD, AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTION NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE CUSTOMER .
The User agrees to indemnify and hold Horseboxhub Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Horseboxhub Ltd arising out of any breach by User of these Terms or other liabilities arising out of the User use of the Website.
If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition are severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.
These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail.
12.1. Any notice or other communication given to a party under or in connection with this contract shall be in writing and shall be delivered by hand or by pre-paid first- post or other next Business Day delivery service at its registered office (if a User) or its principal place of business or residence(in any other case);
12.2. Any notice or communication shall be deemed to have been received:
(a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the de service;
(c) if sent by fax, at 9.00 am on the next Business Day after transmission.
12.3. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. For the purposes of this clause, “writing” shall not include e-mail.
13. Personal Data
14. THIRD PARTY RIGHTS
No one other than a party to these Terms their successors and permitted assignees, shall have any right to enforce any of its terms.
15. GOVERNING LAW
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms or its subject matter or formation (including non-contractual disputes or claims).
17. ALTERNATIVE DISPUTE RESOLUTION IN THE EVENT THE CUSTOMER IS A CONSUMER
17.1. Horseboxhub Ltd is committed to resolving any complaints about Horseboxhub Ltd by negotiation. If Horseboxhub Ltd and the User have not reached an agreed settlement within eight weeks of receiving the User’s complaint, or Horseboxhub Ltd and the User agree in writing before the eight weeks is up that the dispute should be settled by independent adjudication, the User can refer its complaint for independent consideration through Alternative Dispute Resolution by the European Car Rental Conciliation Service Badminton Court, Amersham, HP70DD, United Kingdom, Email address: firstname.lastname@example.org, Website: http://www.ecrcs.eu, Phone: +44(0)1494434747. This service is absolutely free of charge.