1.1 Please read these Terms and Conditions carefully as they apply when hiring vehicles from us via the website, northgatevehiclehire.co.uk (the Website). They include important information and form the basis of any agreement between us should you wish to proceed with hiring a vehicle.
1.2 These Terms are only available in English. No other languages apply to these Terms.
1.3 If you need any further information on the Booking, please write to or telephone your local depot, details of which can be found on the Website at: http://www.northgatevehiclehire.co.uk/our-branches
3.1 In these Terms the following words shall mean:
"Additional Charges" means the charges set out at Clause 17;
"Booking" means a Booking Request which has been accepted by us in accordance with Clause 6 and is subject to these Terms;
"Booking Request" means a request by you to hire a vehicle submitted to us via the Website;
"Business Hours" means the hours in which the relevant Northgate premises are open for business as set out from time to time at northgatevehiclehire.co.uk;
"On-Hire" means the picking up of a Vehicle by you from us on the Start Date (as specified in the Booking);
"Congestion Charge Law" means the Transport Act 2000 and the Greater London Authority Act 1999 and/or any subsequent laws, codes of practice, circulars and guidance notes in relation to any road or traffic related charging scheme;
"Damage" means any and all damage to a Vehicle, excluding a mechanical fault or failure (which is not caused or contributed to by you) and any damage identified in the Vehicle Condition Report, and "Damaged" shall be construed accordingly;
"Designated Country" means any of Andorra, Australia, Barbados, British Virgin Islands, Canada, Falkland Islands, Faroe Islands, Hong Kong, Japan, Monaco, New Zealand, Republic of Korea, Singapore, South Africa, Switzerland and Zimbabwe;
"Group" means in relation to any person, a subsidiary of that person or a holding company of that person or any other subsidiary of that holding company;
"Insolvency Event" means each and any of the following in relation to a party:
a) any action (corporate or otherwise), legal proceedings or other procedure or step is taken by any person in any jurisdiction in relation to or with a view to: (i) the winding up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of a party; (ii) the appointment of a liquidator, trustee in bankruptcy, receiver, administrative receiver, administrator, nominee, supervisor or similar officer in respect of a party or any of its assets; (iii) the enforcement of any security over any assets of a party; or (iv) the attachment, sequestration, distraining upon or execution over or affecting any material asset of a party, which in any case is not withdrawn or dismissed as soon as reasonably practicable;
b) the party is unable to pay its debts as they fall due or is insolvent, or the other party perceives (acting reasonably) that to be the case;
c) the party enters into a composition or arrangement with any creditor, or its creditors or any class of them; and
d) a party ceases to trade in respect of all or a substantial part of its business whether due to insolvency or otherwise;
"Named Driver" means any named person(s) on the Booking Request that you nominate to be allowed to drive the Vehicle during the Rental Period;
"Regulations" means legislation and legally binding rules or regulations of any kind (including orders, instructions or directions of a competent authority);
"Rental Charges" means the hire charges for the Rental Period set out on the price comparison page of the Website and is inclusive of applicable taxes (including VAT) and third party motor liability insurance;
"Rental Day" means the twenty four (24) hour period commencing at the time of On-Hire set out in the Booking and each subsequent twenty four (24) hour period;
"Rental Period" means the period from the Start Date to the Return Date which shall not be longer than twenty-eight (28) days;
"Return Date" means the date on which the Vehicle is due to be returned as set out in the Booking;
"Start Date" means the date of On-Hire set out in the Booking;
"United Kingdom" means England, Scotland, Wales and Northern Ireland;
"We" or "us" means Northgate Vehicle Hire Limited, a company registered in England with company number 01434157 and having its registered office at Northgate Centre, Lingfield Way, Darlington, DL1 4PZ;
"Vehicle" means the vehicle described in any Booking or a similar vehicle as set out in Clause 6.7 and all other accessories provided with the vehicle including the spare wheel, tools and other accessories supplied with the vehicle; and
"You" are the person who makes the Booking Request and is nominated as a driver of the Vehicle during the Rental Period.
3.2 In these Terms:
3.2.1 each reference to "includes" or "including" shall be construed without limitation;
3.2.2 "subsidiary" and "holding company" shall have the meanings given to them by section 1159 of the Companies Act 2006;
3.2.3 a statutory provision includes a reference to any modification, consolidation or re-enactment of the provision from time to time in force and all subordinate instruments, orders or regulations made under it except that, as between the parties, no modification, consolidation or re-enactment shall apply for the purposes of this Agreement to the extent that it would impose any new or extended obligation, liability or restriction on, or otherwise adversely affect the rights of, either party; and
3.2.4 a reference to "indemnify" or "indemnifies" means to indemnify and keep indemnified, and hold harmless, the party to be indemnified on demand on an after tax basis.
4.1 We are Northgate Vehicle Hire Limited, a company registered in England with company number 01434157 and having its registered office at Northgate Centre, Lingfield Way, Darlington, DL1 4PZ. This is also our postal address. We are registered for VAT and our VAT number is 244223002.
4.2 We are a member of the British Vehicle Rental and Licensing Association (BVRLA). We subscribe to the BVRLA Code of Conduct which governs the leasing of vehicles. If you would like further information in relation to this Code, please visit the BVRLA website at www.bvrla.co.uk
You can contact us to enquire about the status of your Booking or with any other query about our services by emailing us at <a href="mailto:email@example.com">firstname.lastname@example.org</a> or calling your local depot using the details found on the Website. Calls will be charged at your telecoms services provider's normal rates.
6.1 Once you have read these Terms click the "I Agree" button and you will be able to proceed with your Vehicle hire. If you do not agree with these Terms, you are not authorised to use the Website or make a Booking Request.
6.2 On receipt of a Booking Request from you, we may accept the Booking Request in accordance with Clause 6.3 and a contract shall be formed between you and us from acceptance of such Booking Request.
6.3 No Booking Request submitted by you is accepted by us until we confirm by e-mail its acceptance or we supply you with the Vehicle, whichever is the earlier.
6.4 Nothing in these Terms obliges us to accept any Booking Request. We reserve the right to refuse a Booking if we suspect unauthorised persons are using or attempting to use your details.
6.5 When making a Booking Request on the Website, you should take care to ensure that all of the information that you provide to us is correct before you submit each page during the booking process. You will be provided with a booking summary prior to submitting the Booking Request. Please ensure you check each page and the Booking Request before submitting them to us. If your booking summary is not correct, you will need to restart the booking process. If you submit a Booking Request which includes incorrect information, you shall be liable for any and all costs incurred by us to amend your Booking.
6.6 We reserve the right to refuse to hire a vehicle where the details submitted through the Booking Request do not match the details provided when the vehicle is collected.
6.7 We do not offer any guarantee on the make or model of the vehicle you will receive. The vehicle that appears on the Website is for guidance only and may be substituted for an alternative or similar vehicle. If we cannot provide you with a vehicle within the vehicle group requested we reserve the right to upgrade the vehicle (at no extra cost to you) to another vehicle group. If we need to upgrade the vehicle group we will use our reasonable endeavours to contact you by telephone and/or e-mail before you collect the vehicle.
7.1 You and each Named Driver must be:
7.1.1 at least 21 years old but younger than 71 years old to make a Booking for any van; and
7.1.2 at least 25 years old but younger than 71 years old to make a Booking for any car, 7 seater people carrier and minibuses.
7.2 There will be an additional charge of £10 per day for drivers aged 21-24.
8.1 You and each Named Driver:
8.1.1 must have held a full drivers licence for at least two (2) years which entitles the driver to drive the Vehicle (for example, you cannot hire a manual vehicle if your licence is only for an automatic one); and
8.1.2 must provide a valid International Drivers Permit if any driver's licence is not of EU origin or from a Designated Country.
8.2 We reserve the right to <b>refuse</b> the rental of the Vehicle if you or any Named Driver has received an endorsement for dangerous driving, driving whilst drunk or on drugs, theft or unauthorised taking of vehicles of if you have been disqualified for twelve (12) months or more or if you have more than 6 current points on your licence (minor offences only).
8.3 We will <b>refuse </b>the rental of the Vehicle if you or any Named Driver:
8.3.1 has any of the following endorsements: AC, BA, CD, DD, DR, IN, UT and TT (within five (5) years of offence); or
8.3.2 has had two (2) or more periods of disqualification.
8.4 Endorsements on licences will be taken from the date of conviction, not from the date of the offence. Please note that a disqualification over five (5) years old is acceptable even if it is still showing on your licence or that of any Named Driver.
8.5 If we refuse to rent the Vehicle because you or any Named Driver either does not comply with the requirements of Clause 8.1 or for the reasons set out in Clauses 8.2 or 8.3, we reserve the right to not refund any sums paid by you to us (except for any Deposit that has been paid).
9.1 You must collect the Vehicle on the Start Date.
9.2 At On-Hire, you may be asked to sign an electronic or paper form to confirm the condition of the Vehicle at the Start Date (the "Vehicle Condition Report").
9.3 We will only allow the Vehicle to be collected at On-Hire if the following documents are provided:
9.3.1 your e-mail confirmation;
9.3.2 a valid driver's licence (photo card and paper counterpart) for you and each Named Driver which meets the requirements of Clause 8; and
9.3.3 two other forms of valid identification for you and each Named Driver which may be a bank statement, credit card statement or utility bill (which is no more than three (3) months old) and sets out the current address of the relevant driver.
9.4 If the paper counterpart is not supplied we may contact the DVLA to verify that the driver holds a valid licence and you will be charged the sum of £12 for this check.
9.5 We will only accept original hard copies of the documents listed in Clauses 9.3.2 and 9.3.3 as valid forms of identification. Electronic copies of those documents, in any form or medium, shall not be sufficient for the purposes of Clause 9.3.
9.6 We reserve the right to not refund any sums paid by you to us (except for any Deposit that has been paid) if the correct documentation is not provided in accordance with Clause 9.3.
10.1 You will remain liable for any Vehicle and be obliged to comply with these Terms until the procedure for off hiring the Vehicle set out below has been completed.
10.2 Unless otherwise agreed in advance by us, you shall return the Vehicle on the Return Date.
10.3 You shall return the Vehicle in the same condition as was identified in the Vehicle Condition Report (fair wear and tear excepted).
10.4 You must return the Vehicle to such location as is agreed by us during Business Hours on the Return Date.
10.5 You will remain liable for the Vehicle until the keys for the Vehicle have been handed to our representative and the individual returning the Vehicle signs the "off hire form" (except that the off hire form does not need to be signed if Clause 10.6 applies).
10.6 If you return a Vehicle to any of our premises outside Business Hours you must leave the keys in a location that we have agreed in advance and the Vehicle will be your responsibility until the time at which the delivery location agreed by us opens for business and you shall be liable to us for any and all losses we suffer during this time.
10.7 Please also see our rights of termination set out in Clause 21 which explain the circumstances in which we may demand the immediate return of the Vehicle.
11.1 You shall return the Vehicle with a full fuel-tank.
11.2 If you do not return the Vehicle with a full fuel-tank, you shall pay the cost of putting any additional fuel into the Vehicle (such cost to be calculated using the latest AA national average fuel price) so that the fuel tank is full together with an administration charge of twenty (20%) per cent of the additional fuel plus VAT thereon.
11.3 If you fill the Vehicle with the incorrect fuel, you shall be responsible for paying the cost of all repairs required to the Vehicle as a result.
12.1 During the Rental Period you shall:
12.1.1 keep the Vehicle fully protected and secured at all times;
12.1.2 not attempt to nor give anyone legal rights over the Vehicle;
12.1.3 if applicable, register and pay for any days the Vehicle will operate in the congestion zone in London in accordance with Congestion Charging Law;
12.1.4 check on a daily basis the engine oil level, water level in radiator, washers and wipers, lights, wheel nuts and brake fluid level, tread depth and inflation on all tyres;
12.1.5 ensure the Vehicle is driven using reasonable skill and care and in accordance with any applicable road use rules (including the Highway Code and other applicable laws);
12.1.6 ensure that no smoking is carried out in a Vehicle;
12.1.7 ensure that the Vehicle is not used by any person under the influence of alcohol or drugs; and
12.1.8 if requested by us make the Vehicle available for inspection, service or repair work.
12.2 During the Rental Period you shall ensure that the Vehicle is not used:
12.2.1 for business or commercial use including for the carriage of passengers for hire or reward;
12.2.2 for any illegal purpose or in contravention of any Regulations affecting the Vehicle, its use or construction;
12.2.3 for any off-road driving (including competitive racing of any nature);
12.2.4 airside or on any part of an aerodrome or airport;
12.2.5 to propel or tow any other vehicle or trailer without our prior written permission; and
12.2.6 outside of the United Kingdom.
12.3 You shall ensure the Vehicle is not driven by any driver other than you and any Named Driver so long as we have approved each driver at the time the Vehicle is collected at On-Hire.
12.4 You shall not modify or alter the Vehicle in any way without our prior written consent and you shall be liable for any and all costs incurred by us to reverse such modifications.
12.5 You shall notify us immediately if an Insolvency Event occurs in relation to you (for example, if steps have been taken to make you bankrupt).
13.1 YOU SHALL:
13.1.1 inform us immediately if any Vehicle is Damaged, a fault develops in any Vehicle (including if a warning light comes on) or a Vehicle is otherwise lost or stolen;
13.1.2 supply us with a police crime reference number if a Vehicle is stolen;
13.1.3 at our request:
(a) carry out all acts and things as may be reasonably required by us for the purpose of repairing or recovering a Vehicle;
(b) enforce any rights or remedies against or obtaining relief from other parties;
(c) deliver to us every document of any kind received by you relating to any claim involving the Vehicle where an accident or incident has occurred;
(d) provide all assistance as is reasonably required by us in relation to the defence or investigation of any claim involving the Vehicle where an accident or incident has occurred including not aiding or abetting any claim against us; and
(e) ensure all information is accurate, complete and not misleading.
13.2 You acknowledge and agree that you:
13.2.1 shall not without our prior consent incur any liability for repairs to the Vehicle in excess of £25;
13.2.2 shall not engage any third party to repair a Vehicle that is not approved by us as a repair agent;
13.2.3 are not our servant or agent for any purpose and shall not hold yourself out as such; and
13.2.4 are not entitled to make any claim against us for loss of or damage to any property left stored or transported in or upon the Vehicle except where such loss or damage is directly caused by our negligence.
13.3 If any act or omission or failure to comply with these Terms by you causes or contributes to the invalidation of the manufacturer's warranty of the Vehicle you will be responsible for any and all costs incurred by us that are associated with this invalidation.
14.1 We will pay any fixed penalty charges that are notified to us by the relevant issuing authority under Congestion Charging Law.
14.2 We will invoice you for any fines we pay in accordance with Clause 14.1.
14.3 For all other penalty charge notices (including speeding fines) we will supply your details to the issuing authority who will contact you directly in relation to the fine. We may charge an administration fee in respect of the processing of these penalty charge notices in the sum of £25.
15.1 Your use of the Vehicle is covered by the terms of our insurance policy. The insurance policy meets all legal requirements and protects you against legal claims from any person for death or personal injury or damage to any other person's property caused by the use of the Vehicle.
15.2 You must comply with these Terms so that our insurance policy is not invalidated. Our insurance does not protect you for loss or damage to the Vehicle caused by driver abuse, negligence or breach of these Terms. If our insurance cover is declined as result of your, or any Named Driver's, actions or omissions or any failure to comply with these Terms, you will be required to pay us any and all reasonable costs and losses that we incur or suffer as a result. This includes the paying us for all of our reasonable costs caused by any claim against us or our insurers including:-
15.2.1 paying the value of the replacement of Vehicle; and
15.2.2 paying the cost of repair of the Vehicle.
15.3 You shall be responsible for any and all loss we suffer if you damage the roof of the Vehicle by driving or attempting to drive the Vehicle under a height restriction (or similar such as collision with bridges, tunnels or overhanging structures) which damages the Vehicle roof. The cost of such damage is excluded from the insurance.
15.4 <b>Excess:</b> You will be responsible for paying an amount up to the excess of £750 together with all relevant Charges each time the Vehicle is Damaged or stolen during the Rental Period whether or not you were at fault.
15.5 However, if you choose to pay the damage collision waiver fee (as set out on the Website), you will be only be responsible for paying an amount up to the excess of £250 each time the Vehicle is Damaged or stolen during the Rental Period whether or not you were at fault.
16.1 You shall pay to us in accordance with these Terms:
16.1.1 the Rental Charges;
16.1.2 any Additional Charges; and
16.1.3 any other amount due to us by you under these Terms,
(together the "Charges").
16.2 You shall pay all Rental Charges (as well as any other Charges) notified at the time of Booking immediately via the Website by either credit or debit card.
16.3 We accept payment only via Visa, Mastercard or Maestro credit or debit cards.
16.4 You will also be required to pay a £250 deposit using a valid credit or debit card (the "Deposit") when collecting the Vehicle at one of our local branches.
16.5 Any other Charges will be deducted from the Deposit on return of the Vehicle in accordance with Clause 10. If such other Charges exceed the Deposit or only become apparent after the Deposit (or part thereof) has been refunded you shall pay such other charges within ten (10) Business Days after the date of the invoice from us.
16.6 We shall have the right to deduct any amount due from you to us from any amount that we owe or is due to you from us (known, in legal terms, as a right to set-off).
16.7 If we need to vary the total rental price to take account of any changes in taxes and duties, site errors or errors or omission in the price displayed on the Website or in any confirmatory correspondence, we shall notify you by e-mail and allow you an opportunity to cancel your Booking without any cost to you.
16.8 All payments shall be made in pounds sterling.
17.1 If the keys to any Vehicle are lost by you, we may need to replace the full lock set in the Vehicle for security reasons. In such circumstances you will be responsible for the cost of doing so.
17.2 If we are required to provide roadside assistance, or repair or recover the Vehicle, we may charge you for doing so unless the issue is due to a mechanical defect with the Vehicle (which was not caused or contributed to by you) or was caused by our negligence. You may be charged a call out fee of £80 plus the cost of repairs. The circumstances in which you may be charged include, but are not limited to, the following situations:
17.2.1 The wrong fuel is placed in the Vehicle;
17.2.2 The Vehicle lights are left on;
17.2.3 A puncture occurs;
17.2.4 A windscreen is damaged;
17.2.5 The Vehicle is damaged; and/or
17.2.6 An accident or incident occurs.
17.3 If roadside assistance is required, please call 0800 716 418.
18.1 We will not be liable to you, or any Named Driver, under this contract for any loss or damage caused by us or our employees in circumstances where:
18.1.1 there is no breach of a legal duty of care owed to you by us or by any of our employees;
18.1.2 such loss or damage is not a reasonably foreseeable result of any such breach; and
18.1.3 any increase in loss or damage results from a breach by you of any term of this contract.
18.2 You agree not to use or allow the Vehicle to be used for any commercial or business purpose (including for the carriage of passengers for hire or reward) and we have no liability to you for any loss of loss of profit, loss of business, business interruption, loss of anticipated savings or interest, loss of earnings, loss of margin, loss of use, loss of contract, loss of goodwill or loss of reputation.
18.3 We will not be liable to you, or any Named Driver, for any loss of or damage to property left, stored or transported in or upon a Vehicle unless such loss or damage was caused by our negligence.
18.4 If you, or any Named Driver, fail to comply with any of these terms, you will responsible to us for any losses and damages we suffer as a foreseeable result of your, or a Named Driver's, breach or negligence. This includes, for example, any losses and damages we suffer as a result of:
18.4.1 any parking, lighting, loading or unloading offence;
18.4.2 any breach of the Vehicle Excise and Registration Act 1994;
18.4.3 any excess charge incurred under the Road Traffic Regulation Act 1984;
18.4.4 any charges made by any statutory or regulatory body as a result of seizure of the Vehicle together with any loss of rental income arising whilst the Vehicle is seized;
18.4.5 any liability arising under any Congestion Charge Law;
18.4.6 where applicable liability arising under any other Regulation where liability is imposed on the owner; and
18.4.7 any breach of any road traffic related legislation.
18.5 Except for liability covered under Clause 18.6, our total liability to you, or any Named Driver, arising out of or in connection with any Bookings shall not exceed £50,000 per claim or series of related claims.
18.6 Nothing in these Terms shall operate to exclude or limit the liability of either party for:
18.6.1 death or personal injury resulting from negligence;
18.6.2 fraud or fraudulent misrepresentation; and
18.6.3 any other liability which cannot as a matter of law be excluded.
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control is defined in Clause 19.2.
19.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
19.3.1 we will contact you as soon as reasonably possible to notify you; and
19.3.2 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the Start Date of your Booking, we will provide a vehicle as soon as reasonably possible after the Event Outside Our Control is over.
19.4 If as a result of an Event Outside Our Control we are not able to provide a Vehicle to you during the Rental Period, you may cancel your Booking and we will refund any sums paid by you to us other than any credit or debit card fees paid by us.
20.1 You may cancel any Booking on or before the Start Date.
20.2 If you cancel any Booking more than 24 hours before the Start Date we will refund any sums paid by you to us other than any credit or debit card fees paid by us and, if applicable, any Deposit paid.
20.3 If you cancel a Booking less than 24 hours before the Start Date we will not refund you sums paid by you to us other than, if applicable, any Deposit paid.
20.4 You do not have the right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as this is a contract for the supply of vehicle rental services.
21.1 We reserve the right to terminate any Booking and repossess the Vehicle(s) (at your expense) at any time and without giving notice for any serious breach by you, or any Named Driver, of these Terms, or if we reasonably believe you, or any Named Driver, are in serious breach of these Terms. This will include, but not limited to, the following scenarios:
21.1.1 If the Vehicle is being used for unlawful purposes and/or driven when it is unlawful to do so (including being driven by uninsured and/or unlicensed people);
21.1.2 If the Vehicle has been or is going to be transported outside of the UK;
21.1.3 If the Vehicle is being abused and/or has been deliberately damaged; or
21.1.4 You are subject to an Insolvency Event.
21.2 In all other circumstances, we reserve the right to terminate any Booking and repossess the Vehicle (at your expense) at any time by giving at least 24 hours notice (using the email address provided at the time of Booking) for any breach by you, or any Named Driver, of these Terms, or if we reasonably believe that you, or any Named Driver, have committed a breach of these Terms.
21.3 Upon termination of a Booking you will immediately return the Vehicle or Vehicles to which the Booking relates to one of our local depots or our duly authorised agent at such place as we may appoint. If you do not do so we may repossess the Vehicles or Vehicles at your expense wherever it may be.
21.4 Termination of any Booking does not affect the rights or liabilities of the parties under this Clause 21 or which have accrued on or before termination.
22.4 We may share any personal information with other members of our Group, insurers, law enforcement agencies, regulatory bodies, credit reference agencies, the DVLA and other third parties (which includes third parties we use to assist us with our marketing activities).
22.5 This clause will continue in full force after termination of a Booking.
23.1 These Terms and the documents referred to in them constitute the entire agreement and understanding of you and us with respect to this Website and any Vehicle hire and supersede any previous agreement between us relating to the subject matter of these Terms and any prior promises, representations and misrepresentations (whether oral or written) relating to the subject matter of these Terms or the Website.
23.2 An amendment to these Terms is ineffective unless it is in writing, expressly purports to amend these Terms and is executed by both you and us.
23.3 Except as provided in these Terms, these Terms do not create, confer or purport to confer any benefit or right enforceable by any person except you and us.
23.4 A member of our Group may in its own right enforce the provisions of these Terms in accordance with the Contracts (Rights of Third Parties Act) 1999, except that we may rescind or vary these Terms without the consent of any members of our Group.
23.5 We shall each at the request and cost of the other execute all deeds and other documents and do all things that the other may require (acting reasonably) in order to give effect to these Terms.
23.6 Unless otherwise stated, any notice to be given by either of us to the other under these Terms must be in writing addressed to that other party at its registered office or principal place of business or such other address as may have been notified for these purposes. Notices shall be delivered personally or sent by first class post. A notice is deemed to have been received if sent by prepaid first class post, on the second working day after posting (excluding the day of posting). In proving service of the notice, it shall be sufficient to show that delivery by hand was made or that the envelope containing the notice was properly addressed and posted as a first class pre-paid letter.
23.7 Any failure or neglect by either you or us to enforce any of the provisions of these Terms shall not be construed nor deemed to be a waiver of that party's rights and does not affect the validity of the whole or part of these Terms nor prejudice that party's rights; any waiver by either you or us of our respective rights under these Terms does not operate as a waiver in respect of any subsequent breach.
23.8 If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or part, that provision shall to that extent be deemed not to form part of these Terms and the legality, validity and enforceability of the remainder of these Terms shall be unaffected.
23.9 Neither you nor we shall without the prior written consent of the other assign, transfer, charge, dispose of, deal with or subcontract our respective rights or obligations under these Terms.
23.10 Nothing in these Terms or any arrangement contemplated by it shall constitute either you or us as a partner, agent, fiduciary or employee of the other party.
23.11 These Terms shall be governed by and construed in accordance with English law.
23.12 The courts of England and Wales shall have exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with these Terms and, for such purposes, you and we each irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. You and we each irrevocably waive any objection which we might at any time have to the courts referred to in this clause being nominated as a forum to hear, determine and settle any proceedings and agree not to claim that any such courts are not a convenient or appropriate forum.
If you have a complaint you should contact us through any of the methods listed on the "Contact Us" page. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement the address for complaints is Customer Services, Northgate Customer Support Centre, Lingfield Way, Darlington, County Durham, DL1 4PZ.