TERMS AND CONDITIONS
Before booking through Mates Rates Horse Transport, all customers/clients must ensure that they have read, understood and agree to the Terms and Conditions, which are the standard terms that apply to all bookings through Mates Rates Horse Transport
A. DEFINITIONS
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"the company” - refers to Mates Rates Horse Transport
“transporter” - refers to the person conducting services for the customer, representing the company
“client” - refers to the person who is hiring services from the company, subject to these Terms and Conditions
“journey” - refers to the specific duration of transportation that the client has hired as a service from the company
“vehicle” - the mode of transport that the customer is hiring for the duration of the journey
“services” - the actions for which the company has agreed to supply to the customer as set out in these Terms and Conditions
“enquiry” - a speculative time and date upon which the client requests quotation for travel
“booking” - the time and date upon which the transporter is obligated to provide transportation services to the client
“passenger” - refers to a person who may accompany the client during travel
B. BOOKING
Prices are based upon the information provided, by the client, at the time of enquiry - but may be subject to change in light of any additional information provided by the client or changes in circumstances
The company will not be liable for any financial obligations made by the client to third-parties in connection with an enquiry or booking
The client shall provide all of the, relevant, necessary information to the company at point of enquiry, including any specific requirements or conditions of their horse(s) that may affect the transportation of the horse(s) (e.g. feeding requirements, issues relating to loading, unloading or travelling)
The client agrees to the quoted price at point of booking; however, accepts that the price is subject to change in light of any additional information that the client provides
C. DEPOSIT
The company is not obligated to provide services to, or reserve a date and time for, the client until the deposit is paid in full
In order to secure a date and time for travel, the client is required to pay a deposit equal to 50% of the total quoted price of services at point of booking
The deposit is non-refundable, but can be transferred to another journey/booking at the discretion of the company
D. BEFORE TRAVEL
The transporter will ensure that the vehicle used for transportation is adequate for transportation of horses in accordance with Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations. The Welfare of Animals (Transport) (England) Order 2006 and parallel national legislation in Scotland, Wales and Northern Ireland
The transporter is responsible for ensuring that the correct documentation requirements for the journey are met before travel. Where documentation is required from the client, the transporter will make reasonable efforts to obtain required documentation from the client before travel
The transporter retains the right to refuse travel on the grounds of inadequate documentation
The transporter will ensure that reasonable contingencies in place in the event of i) accident; ii) breakdown; or iii) horse or human welfare related issues
The company will ensure that the appropriate insurance is in place to cover custodial liability for the injury or accidental death of a horse(s) under the care, custody or control of the transporter
The company will ensure that the appropriate insurances are in place to cover public liability to cover against bodily injury to third parties and damage to third party property brought about as a direct result of the transporters actions
The transporter will plan journeys in such a manner as to minimise the stress experienced by the horse(s) during travel - to that end we reserve the right to determine routes, rest stops and any other reasonable details pertaining to the journey
The transporter will continuously assess the suitability of the horse(s) to travel i) before travel; ii) whilst loading; iii) during travel; and iv) whilst unloading – the transporter reserves the right to refuse/discontinue travel at any point should it compromise the welfare of the horse or the safety of the transporter. Where travel is refused or discontinued on such grounds, the transporter is not liable for any additional costs incurred by the client to make or complete the journey
The client and any additional passenger(s) may travel with the transporter at the sole discretion of the transporter and in accordance with the weight restrictions of the vehicle. The transporter reserves the right to refuse or discontinue travel of the client and/or additional passengers with the transporter during travel. The client and any additional passenger(s) travel with the transporter at their own risk
Additional property (e.g. tack) identified as being part of the journey may travel with the transporter at the sole discretion of the transporter and in accordance with the weight restrictions of the vehicle. The transporter reserves the right to refuse travel of additional property with the transporter during travel. The transporter is not liable for any damage to or loss of property that travels with the transporter at any point of the journey. The client will take liability for any additional property that travels with the transporter – the client is responsible for ensuring appropriate insurances are in place for such property
The client is responsible for ensuring that all horses are fit and prepared for travel (e.g. travel boots fitted as appropriate)
The client must provide original and up-to-date documentation as requested by the transporter in advance of travel
Where clients or additional passengers are permitted to travel with the transporter those clients and/or additional passengers are required to comply with the reasonable requests of the transporter where those requests relate to the safety of the transporter, client, passengers or the safeguarding of the horse(s) being transported
The client will be held accountable for the behaviour of any additional passenger(s) travelling with the driver. The client is liable for any loss or damage to the vehicle or property that arises as a direct result of the behaviour of any additional passenger(s)
E. LOADING/UNLOADING
Where the transporter is responsible for the loading or unloading of the horse(s), the transporter will observe all reasonable precautions to ensure the safeguarding of themselves, the client, the horse(s), third-parties and associated property from damage, injury or accidental death
Where the client is not present i) before travel; ii) whilst loading; iii) during travel and/or iv) whilst unloading – the transporter will not be held liable for any perceived change in condition of the horse during transportation
Twenty minutes of loading time is included in the price quotation; if, after such time, loading is unsuccessful the transporter may refuse travel or levy an additional charge to the client of £5 for every additional fifteen minutes taken to load the horse(s)
The client is liable for all damage, injury or losses resulting from direct actions from their horse(s) i) before travel; ii) whilst loading; iii) during travel and/or iv) whilst unloading. This includes to the vehicle, any property, the transporter, the client or to any third party
Where the transporter or the owner (or some combination of both) are responsible, and therefore in control of the horse, for the loading or unloading of the horse – the owner is liable for any damage caused to the lorry, the owner, the transporter or third parties by the owner’s horse. The transporter will be indemnified against losses brought about by any such damage
F. DURING TRAVEL
The transporter is legally required to take action if the horse(s) is/are taken ill during transportation (as per Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations. The Welfare of Animals (Transport) (England) Order 2006 and parallel national legislation in Scotland, Wales and Northern Ireland) and may take the following action(s) if necessary: i) receive first aid as soon as possible, ii) be given appropriate veterinary treatment, iii) undergo emergency slaughter without suffering if necessary. In such cases, the client will be liable for any additional costs brought about by such action taken
The transporter is required to take any reasonable action necessary to safeguard the welfare of any horses in transit, including, but not limited to, rest stops, the provision of water/food during transportation or unexpected alteration to the journey. In such cases, the client will be liable for any additional costs brought about by such action taken
G. CANCELLATIONS OR CHANGES TO AGREED TERMS
Where a client wishes to postpone or reschedule a journey, the company retains the right to refuse and, on that basis, retain any deposit already paid by the client
The company does not guarantee availability of transportation for any postponed or rescheduled journey
In the event of cancellation, the company may seek another transport opportunity and therefore will no longer obligated to the client
In the event of a change to the original booking (e.g. change in destination) or where the company agrees to postponement, rescheduling or any other changes made to the original journey – the company is not obligated to meet the request and may amend the price of the original quotation to reflect the changes made
Where the client wishes to postpone or reschedule transport, their deposit may be transferrable to another journey at the company’s discretion. In such instances and where, the price quotation of the journey differs, the client will be liable for the change in price
In instances where the journey is discontinued either i) before travel; ii) whilst loading; iii) during travel or iv) whilst unloading – at either the discretion of the transporter or by the client – the client may be entitled to a part refund proportional to the overall journey undertaken by the transporter to the point of being discontinued at the discretion of the company
H. PAYMENT
Clients must settle the remaining, outstanding, balance before travel
Payments (including deposits) can be made by bank transfer, cash, debit/credit card or PayPal
In scenarios where additional costs are incurred beyond those quoted in the initial enquiry that are liable to the client, the client will have 30 days to pay the outstanding identified amount. After such time, we may undertake additional proceedings to recover these costs
I. PERSONAL DATA
All personal information collected by the company will be collected, processed and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the client’s rights under the GDPR and the Data Protection Act 2018
J. OTHER IMPORTANT TERMS AND CONDITIONS
The company shall not be liable for failures in discharging their obligations where those failures or delays resulting from those failures are beyond their reasonable control. Such cases include, but are not limited to, adverse weather conditions preventing travel, government action, traffic congestion, riots or civil unrest, fire, explosions, earthquakes or other natural disasters, pandemics, or any other event that is beyond our reasonable control
The company may transfer the conditions and rights under these Terms and Conditions (and services, as applicable) to another third party (this may happen where a subcontractor is used to deliver the services agreed)
The client may not transfer their obligations and rights as set out in these Terms and Conditions to another third party without the transporter’s express permission
K. GOVERNING LAW AND JURISDICTION
These Terms and Conditions, the services supplied, and the relationships between you and the company shall be governed by and construed in accordance with the law in England and Wales
Any dispute, controversy or disagreement between you and the company relating to these Terms and Conditions, the relationship between you and us and the services supplied to you by us will be (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency