THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THE SERVICES.
STANDARD TERMS AND CONDITIONS OF SERVICE
We are Luxury Transfers Limited, a company registered in England and Wales (registration number: 11534945) whose registered address is located at 869 High Road, London, United Kingdom, N12 8QA (“Luxury Transfers”, “we“, “our” or “us“).
We provide Passenger Services (as defined below) as set out in these Terms (as defined below) (the “Services”).
When you book the Services (as defined below) these standard terms and conditions together with all annexes, appendices, price lists and all linked pages indicated and documents referred to herein apply to your use of the Services (the “Terms”).
We keep these Terms (including pricing) updated and we amend them every so often. Please remember to check these Terms before you make a Booking (as defined below), as the latest set of Terms will apply to your Booking (as defined below).
CAPITALISED EXPRESSIONS IN THESE TERMS:
means any and all charges other than the Charges payable by you in relation to a Passenger Services Booking as set out in these Terms. A list of Additional Charges for Passenger Services is set out in Annex 1 of these Terms.
Additional Waiting Time
means as defined in section 2.8 below.
Airport Inclusive Waiting Time
means as defined in Section 2.6 below.
means a Passenger Services Booking made to or from any of the following airports: London Heathrow, London Gatwick, London City, London Stansted and London Luton and all other UK airports.
Airport Meet and Greet Fee
means the amount payable for the Driver or Fulfilment Partner (as applicable) to meet you at a pre- agreed meeting point with a name board at a United Kingdom airport as part of the performance of an Airport Booking.
means a Passenger Services Booking for the next available Driver
means a booking for a Driver to provide Passenger Services made using a Booking Channel.
means the Site, Phone or certain third party distribution channels.
means a day other than a Saturday, Sunday or National or Public Holiday and, when banks in London are open for business and Business Hours shall be construed as 9.00am to 17:30pm on a Business Day.
means the amount payable by you if you cancel a Booking, as set out in section two of these Terms.
means a credit card or debit card.
means payment in relation to a Booking, made by a
credit card or debit card (as applicable).
means the London Postcode areas W1, W2, SW1, NW1, WC1, WC2, EC1, EC2, EC3 and EC4 as may be varied from time to time.
means the charges payable by you for a Booking, as communicated to you when the Booking is made, and excluding the Additional Charges.
means between 18:00 hours on 24 December to 08:00 hours on 27 December, in any year, and from 18:00 hours on 31 December to 08:00 on 2 January, in any year.
means the address provided by you at the time of making the Booking as the address from which the Vehicle shall collect you and/or your Passenger(s). Changes to the Collection Address may be permitted subject to sections 2.3 and 2.4
means these terms and conditions (as distinct from the Terms).
means as defined in section 1.6.
means the address stated by you at the time of making the Booking to which the Vehicle shall deliver each Passenger. Changes to the Collection Address may be permitted subject to sections 2.3 and 2.4 below.
means any person contracted to Luxury Transfers or any Group
means a fee or charge applicable for dropping off Passengers at certain Destination Addresses which will be added to the Charges.
means for Passenger Services a carefully selected third party private hire or licensed taxi service provider on whose behalf Luxury Transfers acts as agent.
means any permitted goods transported by us and which are not the Prohibited Goods.
Inclusive Waiting Time
means as defined in section 2.5 of these Terms.
Intellectual Property Rights
means patents, patentable rights, copyright, design rights, utility models, trade marks (whether or not any of the above are registered), trade names, rights in domain names, rights in inventions, rights in data, database rights, rights in know-how and confidential information, and all other intellectual and industrial property and similar or analogous rights existing under the laws of any country and all pending applications for and right to apply for or register the same (present, future and contingent, and including all renewals, extensions, revivals and all accrued rights of action).
Local Partner Service
means the service provided by a Fulfilment Partner.
London Postal Area
means the areas corresponding to the postcode areas for London, as varied from time to time by the Royal Mail.
means a child of less than 13 years of age.
National and Public Holiday
means the national and public holidays in the international locations that we deliver Services.
means Passenger Services that are provided by a Fulfilment Partner.
Network Service Terms
means the terms and conditions pursuant to which the Fulfilment Partner provides the Passenger Services as set out in Annex 3 of these Terms.
means a fee or charge applicable for parking and / or entry to certain Collection Addresses and/or the Destination Address which will be added to the Charges in accordance with section four below.
means you and / or any other person on whose behalf a Passenger Services Booking is made.
means the transportation of at least one Passenger (together with any applicable luggage), by a Vehicle from the Collection Address to the Destination Address and shall include Network Services.
means a payment for a Booking using the PayPal online financial service that allows you to pay for items using a secure internet account.
means Luxury Transfer’s, or a third party distribution channel’s contact centre through which Bookings can be made.
means the personal user profile created for use of the Services in accordance with section 1 of these Terms.
means as defined in section 5.6 of these Terms.
means a Passenger Services Booking at a specified date, place and time.
means any Collection Address or Destination Address which is subject to any parking law or regulation prohibiting any Vehicle from entering, waiting and/or parking.
means Passenger Services in which a Driver picks up a Passenger from a Collection Address and drops a Passenger at a Destination Address which may or may not be the same as the Collection Address, via any other stops specified by the Passenger.
means the Passenger Services provided either directly by Luxury Transfers or through a Fulfilment Partner as set out in these Terms.
means a service delivered by Luxury Transfers or a Fulfilment Partner, which includes a professional Driver and a medium saloon Vehicle depending on model availability.
means the website at www.luxury-transfers.co.uk/ or such other website from time to time through which Bookings can be made.
means children aged between 13 and 16.
means these terms and conditions as defined above.
UK Bank Holidays
means any bank holidays observed in England and Wales and/or Scotland.
means a payment for a Booking using the online financial service, operated by Visa, that allows you to pay for items using a secure internet account.
means a vehicle used for the carriage of Passengers.
Waiting Time Fee
means a fee chargeable when a Driver or Fulfilment Partner (as applicable) is required to wait for Passengers above the standard inclusive time, which will be added to the Charges in accordance rates provided to you by Luxury Transfers.
1. THE SERVICES
1.1 In order to use the Services, you may be required to create and maintain an active personal user profile (“Profile“). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if applicable and if different than 18), to set up a Profile.
1.2 Profile registration requires for you to submit certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by us. If you wish to make a Card payment, you will provide us with, and we may store, the long number of your Card together with the Card expiry date, for each Card you upload to your Profile. You are responsible for all activity that occurs using your Profile, and you agree to maintain the security and secrecy of your Profile username and password at all times. You may only create one Profile unless otherwise agreed by us.
1.3 Upon successful creation of a Profile, you may make Bookings for Passenger Services using the Booking Channels.
1.4 A Booking may be for Courier Services, an ASAP Booking, an As Directed Booking, or may be Pre-Booked.
1.5 Bookings can only be booked by telephoning Luxury Transfers’ contact centre, where we will confirm availability for the location requested. The Charges shall be as quoted at the time of making the Booking.
1.6 A Booking constitutes an offer by you to purchase Services in accordance with these Terms. A Booking shall only be deemed to be accepted when we issue written confirmation of the Booking via text message, email or on commencement of the Booking (whichever is the earlier), at which point and on which date and time a contract for the of those services to which the Booking relates shall come into existence (“Contract”). There is no obligation on us to accept a Booking and it may be declined for any reason.
1.7 Each Contract for Services is between you and the Driver or Fulfilment Partner (as applicable). As such, we are the disclosed agent for each Driver or Fulfilment Partner (as applicable) for the purpose of arranging and agreeing Bookings between you and the Driver or Fulfilment Partner (as applicable). Each Driver or Fulfilment Partner (as applicable) is responsible in each and every case, for the performance of the Services under a Contract. .
1.8 The Driver or Fulfilment Partner (as applicable) (not us) is legally responsible for performing the Booking. We are responsible for providing you with customer service assistance and will at all times act as the point of contact for you for customer service questions.
1.9 To the maximum extent permitted by law, we remain responsible solely for our obligations to you, as set out in these Terms, to the exclusion of all other Terms.
1.10 Where your journey is fulfilled by a Driver licensed by Transport for London, Luxury Transfers will contact you again via text message or email before the start of your journey, to confirm the Vehicle licence plate number, the driver’s contact details, the driver’s private hire Vehicle licence number and where a Passenger can receive it, a photo of the driver. Where you make a Booking for Services that is not fulfilled by a driver licensed by Transport for London, Luxury Transfers may, upon request, provide you with the name, contact details and/or Vehicle licence plate number of the relevant Driver or Chauffeur who will be fulfilling the Booking.
1.11 Luxury Transfers reserves the right on no notice to you to amend the Services if necessary to comply with any applicable law, statute, regulation, statutory instrument, directive and all other legislation or if the amendment will not materially affect the nature or quality of the Services.
1.12 Luxury Transfers shall use reasonable endeavours to provide a Vehicle of the type specified by you (and in the event that such a Vehicle is not available, a reasonable alternative Vehicle) within any time for so doing given by Luxury Transfers.
1.13 You are liable for any and all payment of Charges and Additional Charges for a Booking for all Services booked pursuant to these Terms and you must pay the Charges and Additional Charges for each Booking in full and without set-off.
1.14 You may elect the method of payment for a Passenger Services made using the Site, from one of the following options; (i) Card Payment, or (ii) cash; or (iii) PayPal Payment and/or (iv)Visa Checkout.
1.15 Where you make a Card Payment for a Booking, subject to section 1.17 below, we will process payment as follows: (i) in respect of the Charges prior to the Booking commencing and (ii) in respect of the Additional Charges after the Booking has completed, in each case using the Card used to make the Card Payment for the Charges relating to the Booking. In respect of Additional Charges, your Card will be debited a second time and will be identified on your Card statement as “Luxury Transfers Extras”.
1.16 If you have made a Passenger Services Booking and elected to make payment by cash, the Driver or Fulfilment Partner (as applicable) will in his/her sole discretion collect the (i) Charges prior to the Booking commencing, or upon completion of the Booking and (ii) Additional Charges upon completion of the Passenger Services and/or Courier Services Booking.
1.17 Where you make a Card Payment for a Passenger Services Booking and your Card Payment is declined by the Card-issuer or on its behalf, you agree that Luxury Transfers reserves the right, on behalf of a Driver or Fulfilment Partner (as applicable), to use and take payment for Charges and/or Additional Charges from any other payment Card registered in your Profile in your sole name, where available.
1.18 In the event of that we are unable to collect payment for the Passenger Services and/or Courier Services Bookings, we shall be entitled to charge, and you shall be liable to pay interest at a rate of 8% per annum on any amount outstanding until payment is made, both before and after any judgement.
2. PASSENGER SERVICE CHARGES
2.1 On providing your Collection Address, Destination Address and selecting the Vehicle, you will receive a quotation showing the amount of the Charges for the requested journey.
2.2 The Charges are based on our chosen route between your Collection Address and Destination Address (via any other pick-up or drop-off points you specify at the time of making the Booking).
2.3 We may permit changes to a Booking by a Passenger on whose behalf the Booking was made, and you acknowledge that you are liable for all Charges and Additional Charges for the Booking as changed. If a Booking change or changes results in a full or partial refund to you, we will credit the Card used to make the Booking
2.4 In relation to Passenger Services Additional Charges shall be payable if:
you change the Collection Address and / or Destination Address or Vehicle type;
you ask the Driver or Fulfilment Partner (as applicable), and the Driver or Fulfilment Partner (as applicable) agrees, to make any additional pick-ups or drop-offs;
you require the Driver or Fulfilment Partner (as applicable) to take any variation of or follow a different route from our chosen route;
you require the Vehicle to carry more passengers than indicated when making the Booking;
you require the Driver or Fulfilment Partner (as applicable) to wait between the stops of a Return Journey;
you or any other Passenger, domestic animal or Bicycle soil, contaminate or damage a Vehicle, in which case a cleaning fee up to a maximum of £150 shall be charged; tolls or road related charges are payable in relation to your Booking;
you make an Airport Booking. For the avoidance of doubt an Airport Meet and Greet Fee is payable for each and every Airport Booking.
a Parking Fee, Waiting Time Fee, Drop Off Fee and/or Cancellation Fee may be applicable to your Booking. The Parking Fee, Waiting Time Fee, Drop Off Fee and/or Cancellation Fee are set out in Annex 1 of these Terms; and/or
you do not specify that the Vehicle is to carry a bicycle or pet when making the Booking, and the Driver subsequently agrees to carry such bicycle or pet
2.5 Other than in relation to Airport Bookings where the waiting time shall be as set out in sections 2.6 and 2.7 below, each Customer shall have 5 minutes inclusive waiting time (“Inclusive Waiting Time“) for Passenger Services including in respect of each Passenger Services Booking performed by a Fulfilment Partner.
2.6 In relation to an Airport Booking, you can select the Driver or Fulfilment Partner arrival time by entering your flight number at the time of the Booking. You may be entitled to the following airport inclusive waiting time (“Airport Inclusive Waiting Time“) applicable to the Passenger Services taken:
Airport Inclusive Waiting Time
15 minutes for domestic flights and 30 minutes for international flights.
Select, Executive and First and Fulfilment Partner where the Fulfilment Partner is supplying a Local Partner service
For example, and for illustrative purposes only:
You are due to land at London Gatwick on an inbound international flight at 06.30 and you specify a collection time of 07.00. Your Booking includes, free of charge, Airport Waiting Time until 07.30. If your journey commences at 07.45, you will be charged 15 minutes’ waiting time in accordance with the Waiting Time Fees.
2.7 In the event that you exceed the Inclusive Waiting Time and/or Airport Inclusive Waiting Time (as applicable), you shall pay for any additional waiting time thereafter, in addition to the Charges for the Booking. In relation to the Inclusive Waiting Time you will be liable to pay a Waiting Time Fee from the 6th minute onwards. In relation to Airport inclusive Time you will liable to pay a Waiting Time Fee from the 16th minute for domestic flights and/or from the 31st minute for international flights.
2.8 Any waiting time in excess of the Inclusive Waiting Time and/or Airport Inclusive Waiting Time (as applicable) will be charged per hour, and payable in 1 minute increments, applicable to the Passenger Services taken, (“Additional Waiting Time“) as follows.
Select Service waiting time and Fulfilment Partner waiting time where the Fulfilment Partner is supplying a Local Partner car service: £30 per hour;
Executive Service waiting time and Fulfilment Partner waiting time where the Fulfilment Partner is supplying an Executive car service: £36 per hour;
First Service waiting time and Fulfilment Partner waiting time where the Fulfilment Partner is supplying a First car service: £36 per hour.
2.9 Where you book a wait and return journey, there is no Inclusive Waiting Time between stops and Additional Waiting Time shall be payable at the rates set out in section 2.7(a)-(c) inclusive (as applicable), in respect of waiting time accumulated between the stops.
2.10 Drivers and/or Fulfilment Partners (as applicable) are unable to allow more than two minutes embarkation or disembarkation time in a Restricted Street. Where additional time is required, the Driver shall use best efforts to find a nearby convenient location for you or your Passengers to embark into the Vehicle and a Waiting Time Fee will be payable by you.
3. PASSENGER SERVICES SPECIFIC TERMS
3.1 Airport Bookings. When making an Airport Booking you must provide the flight number. We use it to track your arrival time to calculate (i) Airport Inclusive Waiting Time; and (ii) Additional Waiting Time.
3.2 Minors and Teenagers. We will not allow unaccompanied Minors to travel alone in a Vehicle. We will notify the Minor’s parent or guardian and/or relevant regulatory authority, in the event that we suspect a Minor is travelling unaccompanied and shall advise that the Booking cannot be completed without the Minor being accompanied. In exceptional circumstances and subject to the parent/guardian’s consent, we may allow Teenagers to travel unaccompanied, provided that when making a Booking for any unaccompanied Teenager, you inform us that an unaccompanied Teenager will be travelling. We may, at our discretion, decline to accept such Booking and we shall not be liable to you or be deemed to be in breach of these Terms if we decline to accept such Booking. We do not accept any additional responsibility for any Minor, or Teenager, who travels unaccompanied in a Vehicle.
3.5 Passenger Property. If you or any Passenger leaves any property in a Vehicle, we will not be responsible for such property. Where a Driver finds such property, we will use reasonable efforts to store the property for 28 days and you can contact us by sending an email to firstname.lastname@example.org with your booking number or journey information to have the property returned for which a charge may apply. After 28 days, we may return, sell, destroy or otherwise dispose of the property and we shall not be accountable to you for it.
3.6 Passenger conduct.
3.6.1 During the provision of any Passenger Services, you and all your Passengers must:
not smoke, including electronic cigarettes;
not play any musical instrument or broadcast any recorded music;
not consume alcohol nor be intoxicated;
wear a seatbelt at all times whilst in the Vehicle;
not engage in excessive physical contact;
not behave in a disorderly, inappropriate, threatening or abusive manner, or be a nuisance, distraction or a danger to the Driver or other road users;
unload and load your own luggage (including any bicycle or pet). Drivers may assist at their discretion; and/or
not film or record inside the Vehicle at any time.
If you and any of your Passengers do not comply with the above conditions, the Driver may refuse to commence or continue your Booking, and you shall be charged a Cancellation Fee.
Drivers and/or Fulfilment Partners (as applicable) may, at their discretion, assist you or your Passengers needing assistance to enter or exit the Vehicle, but shall do so at your risk.
4. PASSENGER SERVICES CANCELLATIONS
4.1 You may cancel a Passenger Services Booking for the provision of Passenger Services in the United Kingdom without charge in the following circumstances:
you made a Passenger Services Booking and a Driver or Fulfilment Partner (as applicable) has not been allocated to the Passenger Servicer Booking.
you made an ASAP Booking and the Driver takes more than 5 minutes longer to arrive at the Collection Address than originally quoted; or
you made a Pre-Booked Booking and you have not received an SMS advising you that your Driver is on the way/details of your Driver such as the Vehicle licence plate number and the Driver’s contact details prior to the scheduled pick up time.
4.2 When making a First Service Booking, up to 100% of the quoted booking charge shall be payable by you if the First Service Booking is cancelled 4 hours or less prior to the booked pick-up time.
4.3 You acknowledge that if you change the Collection Address after the Driver, Chauffeur or Fulfilment Partner (as applicable) has been allocated, such Booking will be cancelled, and a new Booking will be made for the new Collection Address. You may therefore be liable for a Cancellation Fee and/or refund depending on the timing of the cancellation. Refunds are credited in accordance with section 2.3 above.
4.4 In all other situations where you cancel a Passenger Services Booking or you or your Passengers do not appear for the Passenger Services Booking, a Cancellation Fee shall be charged.
5. GENERAL OBLIGATIONS
5.1 We will use reasonable efforts to ensure that the Driver, provides a Vehicle which is in good working order when making the Booking. If the particular type of Vehicle is not available, a reasonable alternative Vehicle will be provided. Whilst we shall use all reasonable endeavours to provide the Passenger Services within the timeframes indicated in the Booking, time shall not be of the essence.
5.2 We shall be entitled to exercise a lien over any Goods and/ or property belonging to any Passenger until we receive full payment of any Charges and/or Additional Charges due to us.
5.3 We shall be entitled to vary the Charges and Additional Charges from time to time.
6. PROHIBITED USE OF THE BOOKING CHANNELS
6.1 You must not use our Booking Channels to do any of the following (each of which is strictly prohibited):
restrict or inhibit any other user from using and enjoying the Booking Channels;
infringe the privacy rights, property rights, or other civil rights of any person;
harvest, data-mine or otherwise collect information about others, including email addresses, without their consent;
use technology or other means to access our computer network, unauthorised content or non-public spaces;
to use automated systems or software to extract data from our Site or any platform that we operate;
introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or otherwise or limit the Booking Channel’s functionality, or damage, disable or otherwise impair our servers or networks or attempt to do the same; or
engage in or encourage others to engage in criminal or unlawful conduct or breach these Terms including misuse of the Booking Channels for unlawful or unauthorised purposes.
6.2 You agree not to breach these Terms in any way which may result in, amongst other things, termination or suspension of your access to the Booking Channels. You agree to indemnify and defend Luxury Transfers and each Group Member and each of their respective directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use (or misuse) of the Booking Channels or any platform we may operate, or your breach of these Terms.
7. INTELLECTUAL PROPERTY
7.1 All Intellectual Property Rights belonging to Luxury Transfers, including all related Intellectual Property Rights and moral rights to any modifications, derivative works, suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to those Intellectual Property Rights shall remain vested in Luxury Transfers.
7.2 All Intellectual Property Rights in or to any Luxury Transfers brand or trade mark shall remain vested in Luxury Transfers. You may not use the Luxury Transfers trade marks or brands for any purpose without Luxury Transfers’ prior written consent.
7.3 All Intellectual Property Rights in or to the Booking Channels shall remain vested in Luxury Transfers.
7.4 Where you use the Site to receive the Services, Luxury Transfers grants to you a royalty-free, non-exclusive, revocable, worldwide, non-transferable, non-sub licensable licence to use the Site for the sole purpose of receiving the Services.
7.5 All Intellectual Property Rights in or arising out of or in connection with the Booking Channels and/or the Services shall be owned by Luxury Transfers (“Developments“). You shall assign to Luxury Transfers, or shall procure the assignment to Luxury Transfers of, all such rights (whether presently existing or to be created in the future) and agrees to execute, or procure the execution of, all documents reasonably necessary to give effect to Luxury Transfers’ title to the Intellectual Property Rights in Developments.
8.1 Nothing in these Terms will exclude or limit any liability:
for death or personal injury caused by negligence;
for fraudulent misrepresentation or for any other fraudulent act or omission;
to pay sums properly due and owing in the normal course of performance of the Services and/or these Terms.; and/or
for any warranty implied by law and/or for any other liability which may not lawfully be excluded or limited.
8.2 Luxury Transfers are not liable to you whether for breach of contract, tort (including negligence), breach of statutory duty or otherwise) for any:
loss of profit;
loss of sales, turnover, revenue or business;
loss of customers or contracts;
loss of or damage to reputation or goodwill;
loss of opportunity;
loss of software or data;
loss or waste of time; and/or
indirect, consequential or special loss
arising out of or relating to these Terms, whether or not such loss was foreseeable or if such loss was advised of its possibility (and, for the purposes of this section 8.2, the term “loss” includes a partial loss or reduction in value as well as a complete or total loss).
8.3 Luxury Transfers shall not be liable or responsible for any errors in or failure to provide the Services due to your error or failure to provide accurate and complete information.
8.4 Whilst we make every effort to ensure that the Booking Channels are available, we do not enter into any agreement to the effect that the Services and/or the Booking Channels will be available at all times or that the use by you of the Booking Channels will be entirely uninterrupted or error-free.
8.5 Except as otherwise set out in this section 8 Luxury Transfers’ total liability to you, arising out of or relating to these Terms and/or any Contract and/or the Services and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) shall be limited to the higher of the following:
in relation to any Services provided pursuant to a Contract for all claims arising from, or in relation to, any given event or series of connected events, the amount of the Charges payable (whether or not yet paid) by you to Luxury Transfers or the relevant Luxury Transfers Group Member for that Contract; or
in the aggregate under these Terms: £100 (one hundred pounds sterling).
9. YOUR INFORMATION
9.1 Our privacy notice sets out how we will use your information. A copy of our policy may be provided on request.
9.2 If your details change, you must update your Profile, in order to continue to use the Services.
9.3 You can update your marketing preferences within your Profile on the Booking Channels.
10. MODIFICATION AND TERMINATION
10.1 We may modify these Terms or terminate use of the Services, and/or the Booking Channels at any time by publishing such change on our website, www.luxury-transfers.co.uk/ or any other Booking Channel that we make available at our sole discretion. If you do not agree to any changes, you must stop using the Services and the Booking Channels. We reserve the right to change, suspend, terminate, discontinue and/or cease the operation of all or part of the Services and/or one or more (or all) of the Booking Channels (including for the avoidance of doubt any aspect of the Services and/or the Booking Channels) from time to time at our sole discretion.
14.1 If any provision of these Terms is deemed or becomes invalid, the validity of the other provisions shall not be affected.
12. FORCE MAJEURE
12.1 We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from a circumstance not within our reasonable control. In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations.
16. CONTRACTS (RIGHTS OF THIRD PARTIES)
16.1 The Contracts (Rights of Third Parties) Act 1999 is excluded from these Terms SAVE AS set out in these Terms.
17. GOVERNING LAW AND JURISDICTION
17.1 You agree that these Terms for all purposes, shall be governed by and construed in accordance with the laws of England and Wales. You also agree to submit to the exclusive jurisdiction of the courts of England and Wales as regards any claim or matter arising under these Terms.
ADDITIONAL CHARGES – PASSENGER SERVICES
The following Cancellation Fees shall apply to all consumer non account Bookings for Passenger Services in the United Kingdom:
The Cancellation Fees are as follows: £15
Thereafter the charge will be dependent on the cancellation and/or the location of the Driver or Fulfilment Partner at the time the cancellation request is received up to a maximum total of £50 total.
2. Parking Fees
THESE CHARGES AS INDICATIVE ONLY, NOT BINDING UNLESS SO STATED AND ARE SUBJECT TO CHANGE AND UPDATING AS MAY BE ADVISE BY US. As a guideline, entry and parking charges apply to the UK airports, shopping-centre carparks and railway stations below:
Pick – Up
Heathrow Terminals 1, 2, 3, 4 & 5
0 – 29 mins
30 – 59mins
60 – 120 mins
121 – 180 mins
181 – 240 mins
241 – 300 mins
Pick – Up
Gatwick North & South Terminals
0 – 30 mins
31 – 60 mins
61 – 120 mins
121 – 180 mins
181 – 240 mins
Pick – Up
0 – 30 mins
31 – 60 mins
61 – 120 mins
121 – 240 mins
241 – 1440 mins
Pick – Up
0 – 30 mins
31 – 60 mins
61 – 120 mins
121 – 240 mins
241 mins +
Pick – Up
0 – 30 mins
31 – 45 mins
46 – 60 mins
61 – 120 mins
Pick – Up
121 – 180 mins
181 – 240 mins
241 – 300 mins
301 – 1440 mins
1441 mins +
Pick – Up
Westfield Car Parks
0 – 60 mins
61 – 360 mins
Pick – Up
St Pancras Eurostar
0 – 20 mins
21 – 40 mins
41 – 60 mins
3. Drop-off charges
The following Drop-Off Charges apply to the locations below:
Luton Airport (£4)
Stansted Airport (£4)
City Airport (£4 for the first ten minutes, then £1 per minute thereafter).
4. Meet and Greet Fee
A charge of £15 is included in the quoted Airport Booking Charges where such Airport Booking is for airport collection.
NETWORK SERVICE TERMS
These Network Service Terms govern the Network Services to be provided by the Fulfilment Partner and form the basis of all Fulfilment Contracts (as defined below) entered into between the user of the Luxury Transfers Services in accordance with the Luxury Transfers Consumer Standard Terms (“Customer”) and a Fulfilment Partner.
1.1 Unless otherwise set out herein all capitalised terms set out in these Network Service Terms shall have the meaning set out in the Terms.
1.2 In the event of any conflict or inconsistency between these Network Services Terms, the Terms and the terms of any booking made by a Customer in accordance with these Network Services Terms (“Fulfilment Booking”), the following shall be the descending order of precedence: first, the Network Services Terms, second, the Conditions and, third, the terms of the relevant Fulfilment Booking, unless any provision of any Fulfilment Booking is expressly agreed in writing by the Fulfilment Partner or Luxury Transfers, on behalf of the Fulfilment Partner, to override any provision of the Network Services Terms or the Conditions, in which case, the provision of the relevant Fulfilment Booking shall prevail.
2. BASIS OF NETWORK SERVICE TERMS
The Fulfilment Partner has appointed Luxury Transfers as its disclosed agent, acting as an intermediary between the Customer and the Fulfilment Partner (“Agency Arrangement“). The Customer acknowledges that Luxury Transfers accepts Fulfilment Bookings as agent for the Fulfilment Partner but is not a party to the Fulfilment Contract (as defined in paragraph 2.3 below).
The Fulfilment Partner shall supply the Network Services to the Customer in accordance with the Network Services Terms in all material respects. Each such Fulfilment Booking, once accepted in accordance with paragraph 2.4, shall constitute a separate contract for the provision of the Network Services specified in such Fulfilment Booking, subject to Network Service Terms.
A Fulfilment Booking constitutes an offer by the Customer to purchase Network Services in accordance with the Terms. The Fulfilment Booking shall only be deemed to be accepted when Luxury Transfers, on behalf of the Fulfilment Partner, issues written acceptance of the Fulfilment Booking via email, text message or push notification from the App confirming the vehicle contact details and where available the driver who shall carry out the Fulfilment Booking (the “Fulfilment Driver”) Fulfilment Driver’s licence plate number, the Fulfilment Driver’s contact details and the Fulfilment Driver’s private hire vehicle licence number, or commencement of the Fulfilment Booking (whichever is the earlier), at which point and on which date and time a contract for the delivery of those services to which the Fulfilment Booking relates shall come into existence (“Fulfilment Contract“). Luxury Transfers, on behalf of the Fulfilment Partner, in its absolute discretion may decline to accept any Fulfilment Booking.
3. SUPPLY OF SERVICES
The Fulfilment Partner shall use all reasonable endeavours to meet any performance dates and times specified in a Fulfilment Booking but any such dates shall be estimates only and time shall not be of the essence for performance of the Network Services.
The Fulfilment Partner reserves the right to amend the Network Services, if necessary, to comply with any Applicable Law or if the amendment will not materially affect the nature or quality of the Network Services. The Fulfilment Partner shall ensure that:
the Network Services shall be performed with reasonable care and skill; and
the Network Services will be provided in accordance with Good Industry Practice.
If any of these provisions are breached, the Customer must notify Luxury Transfers, on behalf of the Fulfilment Partner, as soon as possible. The Customer must allow the Fulfilment Partner a reasonable time to remedy the breach, including (in the Fulfilment Partner’s discretion) by re-performing any relevant Network Services. This will be done without any additional charge to the Customer. If the Fulfilment Partner is able to do this within a reasonable time, this shall be the Customer’s sole and exclusive remedy in relation to such breach and the Fulfilment Partner will, subject to paragraph 7.1, have no other obligation or liability in relation to such breach.
The Fulfilment Partner shall endeavour to provide a Passenger Vehicle of the type specified by the Customer (and in the event that such a Passenger Vehicle is not available, an alternative vehicle) within any time for so doing given by the Fulfilment Partner.
The Customer acknowledges and agrees that unaccompanied Minors will not be permitted to travel alone in a Passenger Vehicle. Luxury Transfers, on behalf of the Fulfilment Partner, will notify the Minor’s parent or guardian and/or relevant regulatory authority, in the event that it suspects a Minor is travelling unaccompanied, and advise that the Fulfilment Booking cannot be completed without the Minor being accompanied. In exceptional circumstances and subject to the parent/guardian’s consent, the Fulfilment Partner may allow Teenagers to travel unaccompanied, provided that when making a Fulfilment Booking for any unaccompanied Teenager, the Customer must inform Luxury Transfers on behalf of the Fulfilment Partner that an unaccompanied Teenager will be travelling. Luxury Transfers, on behalf of the Fulfilment Partner, may at its discretion decline to accept such Fulfilment Booking and the Fulfilment Partner shall not be liable to the Customer or be deemed to be in breach of the Fulfilment Contract if it declines to accept such Fulfilment Booking. The Fulfilment Partner does not accept any additional responsibility for any Minor, or Teenager, who travels unaccompanied in a Passenger Vehicle.
The Fulfilment Partner may subcontract all or any part of the Network Services to any Fulfilment Drivers who are self-employed and contracted to the Fulfilment Partner (as opposed to being employees of the Fulfilment Partner) provided that the acts or omissions of the Fulfilment Drivers shall, as between the Fulfilment Partner and the Customer, be deemed to be the acts or omissions of Fulfilment Partner for the purposes of these Network Service Terms.
All amounts due under the Fulfilment Contract and/or the Network Service Terms shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by Applicable Law) to Luxury Transfers as disclosed Agent for the Fulfilment Partner.
5. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights belonging to a party prior to the entering into of any Fulfilment Contract, including all related intellectual property rights and moral rights to any modifications, derivative works, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by any other party in relation to those Intellectual Property Rights shall remain vested in that party.
All Intellectual Property Rights in or to any brand or trade mark shall remain vested in the owner of the relevant brand or trade mark and neither party’s trademarks or brands shall be used by the other party for any purpose without the other party’s prior written consent.
6. DATA PROTECTION AND DATA PROCESSING
In relation to any and all Fulfilment Contracts, the Fulfilment Partner and the Customer shall:
at all times comply with the Data Protection Legislation; and
to the extent applicable under the Data Protection Legislation, obtain and maintain all appropriate registrations required in order to allow that party to perform its obligations pursuant to any Fulfilment Contract. notify each other of an individual within its organisation authorised to respond from time to time to enquiries regarding personal data. For the purpose of this clause 6.1 (b) The Customer acknowledges and agrees that the Fulfilment Partner has nominated Luxury Transfers in its capacity as disclosed agent to accept and respond to the Customer’s enquiries relating to Personal Data in the performance of the Fulfilment Contracts on the Fulfilment Partners behalf having consulted with the Fulfilment Partner at all times
7. LIMITATION OF LIABILITY
Neither the Fulfilment Partner’s nor the Customer’s liability:
for death or personal injury caused by its negligence;
for fraudulent misrepresentation or for any other fraudulent act or omission;
to pay sums properly due and owing to the other in the normal course of performance of these Network Services Terms; or
for any other liability which may not lawfully be excluded or limited;
is excluded or limited by these Network Services Terms, even if any other term of any Fulfilment Contract otherwise would suggest that this might be the case.
Subject to paragraph 7.1, neither the Fulfilment Partner nor the Customer shall be liable (whether for breach of contract, tort (including negligence), breach of statutory duty or otherwise) for any:
(a) loss of profit;
(b) loss of sales, turnover, revenue or business;
loss of customers or contracts;
loss of or damage to reputation or goodwill;
loss of opportunity;
loss of software or data;
loss or waste of management or other staff time; or
indirect, consequential or special loss;
arising out of or relating to any Fulfilment Contract, whether or not such loss was foreseeable or if the party which would otherwise be liable for such loss was advised of its possibility (and, for the purposes of this paragraph 7.2, the term “loss” includes a partial loss or reduction in value as well as a complete or total loss). Notwithstanding the foregoing, the exclusions in paragraph 7.2(a) and (b) shall not apply to any loss suffered by the Fulfilment Partner in the event of the Customer’s wrongful termination of the any Fulfilment Contract.
Subject to paragraph 7.1, the Fulfilment Partner shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, under any indemnity or otherwise, for any loss, damage, expense or liability incurred or sustained as a result of (a) the use of the Network Services in breach of any term of the Terms and / or the Network Services Terms; and/or (b) any processing in accordance with the Customer’s instructions following the Customer’s receipt of that information.
Each of the Customer and the Fulfilment Partner shall:
keep confidential all Confidential Information of the other party which it receives in connection with any Fulfilment Booking;
not copy or reproduce any part of it without the prior written approval of the other party, except as strictly necessary for the performance of its obligations under the Network Service Terms;
apply to it no lesser security measures and degree of care than those which it takes in protecting its own Confidential Information and in any event no less than that which a reasonable person or business would take in protecting its own confidential information;
only use such Confidential Information as strictly necessary for the performance of, or exercise of its rights under, any Fulfilment Contract;
subject to paragraph 8.2, not disclose such Confidential Information to any third party (other than its professional advisers, officers, employees, agents, contractors and sub-contractors on a ‘need to know’ basis as strictly required for the purposes of any Fulfilment Contract and subject to each such person being bound by an obligation of confidentiality equivalent to this paragraph 7);
promptly, upon request return to the other party all materials (in whatever form) incorporating, embodying or recording any such Confidential Information in its possession or control and, if requested by the other party, certify in writing that it has done so; and
Either party may disclose the other’s Confidential Information to the extent required by law or by any court, tribunal, regulator or other authority with competent jurisdiction to order its disclosure (but only to the extent of such requirement).
9. TERM AND TERMINATION
All Fulfilment Contracts shall automatically terminate in the event that the Agency Arrangement terminates or expires (whichever terminates or expires first).
10. CONSEQUENCES OF TERMINATION
Cancellation of any Fulfilment Booking will not have the effect of terminating the Network Service Terms or any other Fulfilment Booking (or Booking), but termination of the Network Service Terms will automatically terminate all uncompleted Fulfilment Bookings and the Network Service Terms.
Termination of the Network Service Terms will not affect:
any accrued rights or liabilities which either the Customer or the Fulfilment Partner may have by the time termination takes effect; or
the coming into force or the continuation in force of any of its provisions that expressly or by implication are intended to come into force or continue in force on or after termination.
11. FORCE MAJEURE
The Fulfilment Partner shall not be in breach of any Fulfilment Contract nor liable for delay in performing, or failure to perform, any of its obligations under any Fulfilment Contract if such delay or failure results from a Force Majeure Event. In such circumstances the Fulfilment Partner shall be entitled to a reasonable extension of the time for performing such obligations and shall be relieved of its Service Level obligations.
No failure or delay by a party to exercise any right or remedy provided under the Network Service Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
The rights and remedies provided under these Terms and these Network Service Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
If any provision or part-provision of the Network Service Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of the Network Service Terms.
The Network Service Terms, any Fulfilment Booking and the Fulfilment Contract and any document referred to therein, constitutes the entire agreement between the Fulfilment Partner and the Customer and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Network Service Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Network Service Terms.
The Customer shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under any Fulfilment Contract without the prior written consent of Fulfilment Partner.
Nothing in these Network Service Terms are intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
No variation of these Network Service Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Except as provided in the Terms or these Network Service Term, a person who is not a party to the Terms or these Network Service Terms shall not have any rights under or in connection with it, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Conditions or these Network Service Term are not subject to the consent of any other person.
Any notice given to a party under or in connection with the Conditions or these Network Service Terms shall be in writing and, where such notice is addressed to the Fulfilment Partner, shall be delivered to Luxury Transfers (acting as disclosed agent on behalf of the Fulfilment Partner in accordance with the Terms).
14. GOVERNING LAW AND JURISDICTION
The Network Service Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with Network Service Terms or its subject matter or formation (including non-contractual disputes or claims).