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Terms & Conditions

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Encompass is the proprietary booking platform, owned by the registered company, Dial-a-Cab Limited.

These are the Terms and Conditions governing the provision of the Encompass ground transportation service including booking and account services provided by Encompass and Dial-a-Cab Limited, with the exclusion of any other oral or written statement whatever its legal character. All persons placing a booking through the Encompass ground transportation service must understand and accept these Terms and Conditions.

Definitions

Encompass is the proprietary booking platform, owned by the registered company, Dial-a-Cab Limited. Dial-a-Cab Limited is referred to as DaC throughout these definitions.

‘Account’ means a customer account opened by Encompass (DaC) for that particular customer.

‘Account Customer’ means a person, firm or a company that has entered into a Service Agreement with Encompass (DaC) and where the context so requires all officers, employees and agents of such person, firm or company with authority to make bookings using the Encompass (DaC) platform.

‘Account User’ means any named individual who is authorised by the Account Customer to make a booking via the Encompass service.

‘Account User Password’ is the unique personalised confidential security password that allows any of the Account Customer’s authorised users to Log In to the Encompass service and make a Booking.

‘Booking’ means a booking made by an Account Customer, howsoever communicated to Encompass (DaC), as evidenced by the Encompass (DaC) records.

‘Booking Details’ means anything that forms part of the information provided in order to make the Booking – including, but not limited to, any specific requests, such as instructions to the driver, passenger requests etc.

‘Charge(s)’ means the charge(s) to the Account Customer for the provision of the Service, at the rates agreed between Encompass (DaC) and each of its Account Customers.

‘Credit Limit’ means the maximum amount of unpaid Charges the Account Customer may incur at any point.

‘Customer Account Number’ means the confidential security reference number that is assigned by Encompass (DaC) to the Account Customer.

‘Due Date’ is the date of the Account Customer invoice.

‘Encompass’ is the registered trademark for the proprietary ground transportation platform service, owned and operated by Dial-a-Cab Limited, also known as DaC.

‘Hiring’ means a journey undertaken by a vehicle for or on behalf of an Account Customer of Encompass (DaC).

‘Lost Property’ means any item(s) left behind by a Passenger in a Vehicle used in the provision of the Encompass (DaC) service, following a Hiring.

‘Luggage’ includes, but is not limited to, any item including bags, briefcases, clothing, mobile devices, laptops etc which accompany a Passenger during the Hiring.

‘Passenger’ means any person travelling in a Vehicle used in the provision of the Encompass (DaC) service.

‘Service’ means the ground transportation booking, dispatch and reporting provided by Encompass (DaC).

‘Service Agreement’ means the agreement to which these Terms and Conditions are annexed.

‘Transport Partners’ means any third party, Private Hire Vehicle (PHV) suppliers, either managed directly by Encompass (DaC), or managed directly by the Account Customer or a combination of both, for the provision of ground transportation services to Account Customers using the Encompass (DaC) proprietary platform.

‘Vehicle’ means any taxi, executive car, PHV or other vehicle, used in the provision of the Encompass  service to the Account Customer.

The rights and powers of Encompass

Prior to using any aspect of the Encompass service, an interested party must first become an Account Customer with Encompass (DaC).

The Account Customer may choose to register any number of individual Account Users. Each Account User will be issued with a confidential Account User Number, which must be quoted with all bookings. Encompass (DaC) cannot accept any responsibility whatsoever if and when the security Customer Account Number and its associated Account User Numbers is issued or used by unauthorised persons.

Any Booking made by the Account Customer using the confidential Customer Account Number and their personalised Account User Password will be viewed as duly authorised by the Account Customer and the Customer will be liable in respect of all related Charges.

Passenger Services

All Passengers using the Encompass service can expect the highest levels of quality assurance in the provision of the Encompass service which are defined within the individual Account Customer Service Agreement(s).

All reasonable efforts are taken to ensure that Encompass (DaC) provides Passengers with a Vehicle that is in good working order and as per the type specified by the Passenger.

To deliver an optimal service, performance measures are in place and communicated on an on-going basis to both DaC Black Taxi and PHV Transport Partners. Any deviation from expected standards, monitored through SLAs, KPIs and Quality Assurance measures is dealt with promptly and effectively.

As part of the individual Service Agreement(s) with Account Customers, extraneous costs including, but not limited to, late cancellations, extended waiting times etc will be expressly detailed.

Passenger Terms of use

No Passenger is permitted to smoke in any Vehicle used in the provision of the Encompass service.

Passengers are advised to wear seatbelts provided in a Vehicle, at all times. In some vehicles, this may be a requirement.

Passengers are not permitted to broadcast any music or play a musical instrument in a Vehicle, unless expressly permitted to do so – information about which will be recorded in the Booking Details.

In some cases, Passengers may be permitted to consume alcohol in a Vehicle. This should be agreed beforehand and information provided in the Booking Details.

Vehicle drivers reserve the right to decline carriage to any Passenger and/or require any such Passenger to alight from the Vehicle, if the driver considers the Passenger to be intoxicated.

Passengers may be refused or be ceased from transport if behaving in a threatening, abusive or inappropriate manner and therefore may be considered a danger to the Vehicle driver.

Encompass (DaC) and its Travel Partners reserve the right to charge for reasonable repair or cleaning charges in the event of a Passenger being sick, soiling or damaging any Vehicle. The soiling charge for a DaC Black Taxi is £40.

Encompass (DaC) and its Travel Partners cannot be responsible for any Lost Property left by Passengers in any Vehicle. Should property be found following a Hiring, it will be held by Encompass (DaC) for a period of 28 days after which Encompass (DaC) will ensure such property is disposed of according to current legislation.

Any lost property left in a DaC Black Taxi will be handed in to a police station within 24 hours as per current legislation, unless advised otherwise.

Passengers are personally responsible for all of their luggage, whilst travelling in a Vehicle.

Encompass (DaC) and its Travel Partners, take no responsibility whatsoever for any loss or damage to any Luggage which is transported in a Vehicle.

Encompass (DaC) and its Travel Partners will only accept loss or damage to a Passenger’s Luggage in the event of an accident caused by the driver.

If a Passenger informs us of any Lost Property that occurs whilst travelling in an Encompass service Vehicle, Encompass (DaC) and its Travel Partners will make every effort to return the item(s) to the Passenger. Any costs incurred for the return of the Lost Property item(s) will be communicated to the Account Customer. Once the Account Customer provides written acceptance of these Lost Property Charges, the item(s) will either be returned directly to the Passenger, to the Account Customer’s office address or to any other location requested by the Passenger or Account Customer and the relevant charges will be invoiced.

One bicycle may be considered an item of Luggage and transported on behalf of a Passenger in an appropriate Vehicle, should this be agreed and recorded in advance as part of the Booking Details.

Encompass (DaC) and its Travel Partners will not permit the carriage of unaccompanied Minors of less than 11 years of age, unless in the case of exceptional circumstances and only then, with the express written consent of the relevant parent/guardian to that Minor. Such exceptional circumstances would have to be agreed in advance of the Booking and be recorded in the Booking Details.

Invoice Payments

Subject to any written agreement between Encompass (DaC) and the Account Customer:-

Invoices will be rendered on the last day of each month unless agreed otherwise.

The Account Customer agrees to pay in full the total of all invoices within 30 days of the Due Date.

Encompass (DaC) reserves the right to charge interest at a rate of 10% per annum on the balance of any account remaining unpaid for a period of more than 30 days.

If the Account Customer fails to pay Encompass (DaC) by the Due Date for payment, Encompass (DaC) reserves the right to charge interest at a rate of 10% per annum on, and in addition to, the outstanding amount. The interest shall accrue on a daily basis from the Due Date until the date the payment is made. This is in effect without prejudice to any other right or remedy the Account Customer may have.

All invoices are checked by Encompass (DaC) for error. Should any invoicing error be identified by the Account Customer, this must be advised by the Account Customer to Encompass (DaC) within a period of 30 days of the invoice date. Any subsequent error notifications by the Account Customer, after a period of 30 days of the invoice date, will not incur any remedy or reimbursement from Encompass (DaC) to the Account Customer.

Disputes

In the event of any dispute concerning the calculation by Encompass (DaC) of its Charges, such a dispute shall be notified to Encompass (DaC) by the Account Customer, in writing, within 30 days of the relevant invoice date. In the event of no such notification being received by Encompass (DaC), the Account Customer shall accept the Charges as being properly calculated and amounts due.

In the event of there being any disputes regarding the interpretation of these Terms and Conditions relative to the Service Agreement, Encompass’ (DaC’s) decision shall be final and binding upon the Account Customer.

Credit Limit

At the time an Account is authorised, Encompass (DaC) may set a Credit Limit.

In the event that the Account Customer has exceeded their Credit Limit, Encompass (DaC) may at its absolute discretion withdraw the Service from the Account Customer, with immediate effect.

It will be the duty of the Account Customer to ensure that the use of the Service is operated within the Credit Limit.

Encompass (DaC) is not under a duty to the Account Customer to limit the Service to the Credit Limit and if in their absolute discretion Encompass (DaC) should continue to provide Service over and above the Credit Limit, the full amount due will be payable by the Account Customer notwithstanding that the Credit Limit may have been exceeded.

Termination

The service provided by Encompass (DaC) may be terminated as follows:

By either party giving the other 30 days’ notice, in writing.

If the Account Customer – without prejudice to any other rights or remedy of Encompass (DaC):

a. fails to pay when due any sums payable;

b. fails to observe or perform or breaches any of the Terms and Conditions contained herein.

When an Account is terminated, by any means whatsoever, all outstanding Charges owed to Encompass (DaC) at the date of termination, shall be paid by the Account Customer.

Limitations of liability

Encompass (DaC) has no obligation, duty or liability in contract tort for breaches of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.

Whereas Encompass (DaC) shall take every reasonable care to ensure the quality of all third party Private Hire Vehicle (PHV) contracted services:

a. Encompass (DaC) will take no liability whatsoever for acts or omissions on the part of the PHV driver assigned to a particular Hiring;

b. Encompass (DaC) are unable to guarantee arrival times or PHV availability, although every possible effort will be made to ensure that the Account Customer’s booking requirements are met. However, there will be times due to circumstances beyond Encompass’ (DaC’s) control where the Service Agreement is unable to be honoured.

c. Under no circumstances shall Encompass (DaC) be liable for loss of profits, business or anticipated saving or for any indirect or consequential loss.

General

Encompass (DaC) may from time to time amend these Terms and Conditions and shall first publish any changes on the Encompass (DaC) website. Encompass (DaC) shall also, as soon as possible forward, a copy of the same Terms and Conditions to the Account Customer. The Account Customer shall then have 30 days from the date of issue of such variations to decline the same and to terminate the Service. In the absence of such a response, the Account Customer will be bound by the variations and shall not thereafter be entitled to dispute the same whether or not they apply to the rate of charging or otherwise.