Booking Terms and Conditions
Definitions:
For the purposes of these Terms and Conditions the following words will have the following meanings:
a) “The Agent”, “us”, “we”, or “our” shall mean REACTIVE8 EMERGENCY SERVICES LIMITED
b) “The Services” shall mean the plumbing services requested by the Customer.
c) “The Customer”, “you” or “your” shall mean the person or organisation who is requesting the Services
d) “The Engineer” shall mean the person or company selected by the Booking Agent who will perform the services expected.
e) “The Booking Fee” shall mean the payment taken by the Agent at the time of booking on behalf on the Engineer to secure the services of the Engineer. The Booking Fee may vary according to the scope and nature of the Services requested.
f) “The Property” shall mean the property or place where the Services are to be provided.
Scope of our service:
Either through our website or via telephone we provide the means for a Customer to book the Services that they require with an Engineer. From the point at which we accept your booking we act solely as an intermediary between you and the Engineer transmitting your details to the Engineer for them to action and sending you a confirmation email as to the identity of the Engineer. Whilst we do check that all the Engineers to whom we refer work hold appropriate qualifications our booking system does not constitute and should not be regarded as a recommendation or endorsement of the quality or service level of the Engineer. You and the Engineer will enter into a direct legally binding contract with each other subject to both your statutory rights and the Engineer’s express terms and conditions of business. We are not a party to such contract and are not responsible for any breach of contract or negligence caused by the Engineer.
The Agent’s Duties:
- The Agent will use all reasonable endeavours to obtain a suitable Engineer to provide the services in the timeframe needed by the Customer.
- The Agent will advise the Engineer of the Customer’s contact details (but NOT any payment details) and the details given to us by the Customer regarding the system requiring attention and the nature of the work to be performed.
- The Agent will hold the Booking Fee paid by the Customer to secure the services of the Engineer until the earlier of six months or such time that the work is satisfactorily completed.
The Customer’s Duties:
- The Customer confirms that they are lawful owners of the Property requiring the Services or that they have a lawful reason including the written permission of the Property owner(s) to contract for
- The Customer will give the Agent full details of the Property including the full address, details of the system to be worked upon and a full description of the reasons for requiring the Services and/or the nature of the problem to be resolved.
- The Customer confirms that there is a working isolation valve where needed and that it is accessible for the Engineer.
- The Customer confirms that they will ensure that the Engineer will have full access to the Property at the time that they agree for the Services to be performed.
- The Customer agrees to pay the requested Booking Fee at the time of booking in order to secure the services of the Engineer.
The Process:
- The Agent shall take bookings from the Customer and shall forward such bookings to the Engineer according to the timeframe and skills required. By using our booking systems (either web or telephonic) you agree that we can process your personal data and transmit it to the Engineer subject to our Privacy Notice and your rights under the General Data Protection Regulation 2016 (GDPR) and the Data Protection Act 2018.
- The Customer shall give all the information requested by the Agent regarding the Services required, the urgency of the request and the system to be worked on so that the Agent can forward the booking request to a suitable Engineer.
- The Customer shall pay the Booking Fee to the Agent at the time of booking to secure the Services required. Payment can be made by either PayPal or debit/credit cards and must be made at the time of booking.
- The Engineer will contact the Customer directly to fully agree the scope and timing of the Services together with the relevant charge for the Services.
- The Engineer and the Customer will contract directly with each other regarding the fulfilment of the Services.
Refund of Booking Fee:
The Customer agrees that the only circumstances under which the Booking Fee will be refunded are:
- The Engineer nominated by the Agent to perform the Services is unavailable and no other Engineers with the required skills are available; or
- The Engineer commits a material breach of their contract with the Customer caused by our negligence.
There is no cooling off period to allow you to change your mind about contracting for the Services as the nature of the Services provided is urgent repairs and maintenance.
Independent contractor:
The Customer understands and agrees that the Agent is an independent contractor and nothing either in this agreement or in its performance infers any employment, partnership, joint venture or agency relationship between the Agent and the Engineer.
Data Protection:
We aim to comply with the General Data Protection Regulation 2016 (GDPR) and the Data Protection Act 2018 in all respects including in the spirit of the need to treat your personal data with respect and to keep it safe. We will only collect and use your personal data in the ways that are described in our Privacy Notice which is available on our website, and in a way that is consistent with our obligations and your rights under the law. For the purposes of these booking transactions the Agent is the Data Controller and the Engineer is a Data Processor regarding any personal data that we transfer to them in order that they can contact you and negotiate a contract with you. Under the Terms of the Agent’s agreement with the Engineer they have confirmed that they will be fully compliant with all relevant Data Protection Legislation as described above.
Equality Act:
The Agent undertakes to comply with all aspects of the Equality Act 2010 and will not directly or indirectly discriminate against any person during the performance of their duties under these Terms and Conditions.
Waiver:
No waiver, by either the Customer or the Agent, whether implied or express, of any particular provision of these Terms and Conditions, or of any breach or default of either party, shall constitute either a continuing waiver of such provisions or a waiver of any other provisions of these Terms and Conditions.
Force Majeure:
The Agent shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: Acts of God; Outbreak of hostilities, riot, civil disturbance, acts of terrorism; The act of any government or authority (including refusal or revocation of any licence or consent) or local or national lockdown or pandemic; Fire, explosion, flood, fog or bad weather; Power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles; Default of suppliers or Licensors; Theft, malicious damage, strike, lock-out or industrial action of any kind; Any cause or circumstance whatsoever beyond the Agent’s reasonable control
Limitation of liability:
The Agent limits its liability to the maximum extent permitted by applicable law and we expressly exclude:
a. All representations, warranties and conditions relating to the supply of any services governed by these Terms and Conditions including, without limitation, any warranties implied by law in respect of satisfactory quality or fitness for purpose;
b. Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with use of this booking service or the Services supplied by the Engineer. This includes, but is not limited to, liability in respect of the Customer and/or any 3rd party for: Loss of income or revenue; Loss of profits; Loss of business; Loss of data; Loss of goodwill; Loss of opportunity; Any indirect, consequential or special loss or damage; Wasted time.
c. Our liability for any breach of contract or negligence will in any event be limited to The Booking Fee.
Nothing in this disclaimer will:
a. Limit or exclude your or our liability for death or personal injury resulting from negligence;
b. Limit or exclude your or our liability for fraud or fraudulent misrepresentation;
c. Limit any of our liabilities in any way that is not permitted under applicable law;
d. Exclude any of our liabilities that may not be excluded under applicable law.
Subject to the preceding provisions the limitations and exclusions of liability govern all liabilities arising from the supply of the services under contracts governed by these Terms and Conditions including all liabilities arising in contract, tort (including negligence) and for breach of statutory duty.
Severability:
The provisions within these Terms and Conditions are severable and if any part thereof is held to be invalid or unenforceable by any court then it will not affect the validity or enforceability of any of the remaining provisions. If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant clause will be deemed to be deleted).
Governing law:
Any differences arising between the Customer and the Agent concerning these Terms and Conditions or the rights and liabilities inferred by them shall be governed by and interpreted, in all respects, in accordance with the Laws of England. The parties hereby submit to the exclusive jurisdiction of the English Courts.
