The Chauffeur Group Ltd (trading as Herts Executive), hereinafter called the “Carrier”, accepts luggage, passengers and personal items for carriage subject to the conditions set out below (“these Conditions”). Each Condition shall be deemed to be incorporated into and form part of any agreement between the Carrier and the Customer.
No agent of, person employed by, or person under contract to the Carrier has authority to vary these Conditions unless expressly authorised in writing by the Carrier to make such alteration or variation.
“Carrier” means The Chauffeur Group Ltd, acting as the licensed private hire vehicle operator and principal in relation to bookings accepted by it.
“Customer” means the person(s), firm or company who contracts for the services of the Carrier.
“Conditions” means these conditions of carriage, which shall apply to the contract of carriage between the Customer and the Carrier.
“Contract” means the contract between the Customer and the Carrier for both the acceptance of the booking and the provision of the transportation services which are the subject of that booking, whether booked as an account or non-account booking.
In accordance with the Private Hire Vehicles (London) Act 1998 and applicable regulations, where the Carrier accepts a London private hire vehicle booking, the Carrier accepts that booking as principal and enters into the contractual obligation with the Customer/Passenger to provide the journey which is the subject of the booking.
“Driver” means any person who drives a Passenger Vehicle.
“Passenger(s)” means the Customer and any persons whom the Customer authorises and/or permits to use the services by travelling in a Passenger Vehicle. By agreeing to or using the services, each Passenger is bound by these Terms.
“Passenger Vehicle” means any vehicle used for the carriage of passengers.
“Price List” means the list maintained by the Carrier for its services and any ancillary charges relating to a journey.
“Waiting Time” means a scale of charges payable in one-minute increments when waiting has been incurred before or during a passenger journey.
2.1 Contract and provision of transportation services
The Contract is between the Carrier and the Customer. The Carrier, as operator and principal, is responsible for both accepting the booking and the provision of the transportation services which are the subject of the booking.
The Carrier remains responsible for the provision of those transportation services where a Driver, agent or subcontractor is used to perform the journey.
Fares and other charges for journeys will be collected by the Carrier or may be collected by the Driver on behalf of the Carrier. Where a Driver collects a fare or other payment, the Driver does so as agent for the Carrier.
2.2 Operator responsibility and cancellation
Liability in relation to the provision of the transportation services under the Contract rests with the Carrier.
Only the Carrier, acting as the private hire vehicle operator, may cancel a booking or terminate the Contract with the Customer.
A Driver may decide whether to accept an offer from the Carrier to undertake a particular journey. However, once a booking has been accepted by the Carrier, the Driver does not independently contract with the Customer or Passenger and does not have authority independently to cancel the Customer's booking or Contract.
Nothing in these Conditions affects the Customer's right to request cancellation of a booking in accordance with the applicable cancellation provisions and charges contained in these Conditions.
2.3 Account bookings
The Carrier shall be entitled to treat any account booking made quoting the exclusive Customer account number as duly authorised by the Customer and the Customer shall be liable in respect of all charges relating to the booking.
2.4 Luggage and personal items
The Passenger shall at all times be responsible for their luggage and personal items and shall ensure that they are loaded into the vehicle prior to commencement of the service and unloaded from the vehicle upon completion of the service.
The Carrier will accept no responsibility for any loss of or damage to luggage and personal items, or consequential losses arising because luggage or personal items have not been loaded into or unloaded from the Passenger Vehicle.
2.5 Passenger conduct and damage
The Customer shall be responsible for the conduct of the Passenger(s) and shall be liable for any loss or damage caused by the Passenger(s) to the vehicle or any other property, including but not limited to cleaning costs following any spillage or soiling of the vehicle.
We may charge reasonable repair or cleaning charges plus £100 representing loss of earnings for the Driver where a Passenger spills, vomits, soils, contaminates or otherwise damages a Passenger Vehicle.
2.6 Passenger and vehicle safety
The Carrier is responsible for the provision of the transportation services under the Contract. Drivers are responsible for the safe operation of their vehicles and the immediate safety of occupants while carrying out journeys on behalf of the Carrier.
Where a Driver reasonably considers that a Passenger is intoxicated, threatening, abusive, dangerous or disorderly, or that carrying or continuing to carry the Passenger would present a genuine and immediate risk to the safety of the Passenger, Driver, vehicle or other persons, the Driver should, where reasonably practicable, refer the matter to the Carrier.
Any decision to cancel or terminate the booking or Contract rests with the Carrier as operator and not independently with the Driver.
Nothing in this clause prevents a Driver from taking immediate and proportionate action where reasonably necessary to protect the safety of passengers, the Driver or other persons in an emergency or other immediate safety situation.
This clause does not permit the Carrier or a Driver to refuse or terminate transportation on grounds prohibited by applicable equality or other legislation.
2.7 Smoking
Passengers are not permitted to smoke in any Passenger Vehicle, including the use of electronic cigarettes.
2.8 Disabled passengers and assistance dogs
The Carrier welcomes disabled passengers and passengers travelling with assistance dogs.
The Carrier will not fail or refuse to accept a booking because a disabled Passenger is accompanied by an assistance dog or in order to prevent a Driver becoming subject to the applicable statutory duties relating to the carriage of assistance dogs.
No additional charge will be made by the Carrier or Driver for carrying an assistance dog accompanying a disabled Passenger.
Passengers should be aware that assistance dogs may support people with disabilities or health conditions that are not obvious or visible. Assistance dogs may perform a variety of assistance roles and are not necessarily required to wear an identifying jacket, harness or other identifying equipment.
Where a booking has been accepted by the Carrier, a Driver must not refuse to carry out the booking because the disabled Passenger is accompanied by an assistance dog, except where the Driver holds a valid statutory exemption applicable to the vehicle and circumstances concerned.
The Carrier and its Drivers will comply with their applicable obligations concerning disabled passengers and assistance dogs under the Equality Act 2010 and other applicable legislation.
2.9 Music
Passengers shall not play any musical instrument or broadcast recorded music in any Passenger Vehicle without the permission of the Carrier.
2.10 Alcohol and food
Passengers shall not consume alcohol or food in a Passenger Vehicle without the permission of the Carrier.
Where consumption of alcohol or food creates a safety issue or materially interferes with the provision of the transportation service, the Driver should refer the matter to the Carrier. Any decision to terminate the Contract rests with the Carrier.
2.11 Seat belts and applicable laws
All Passengers shall comply with all applicable legislation and regulations, including requirements relating to the wearing of seat belts.
2.12 Unaccompanied minors
We will not allow the carriage of unaccompanied minors under 11 years of age.
In exceptional circumstances and subject to the consent of a parent or guardian, we may allow minors over the age of 11 to travel unaccompanied.
The Customer must advise the Carrier when making the booking that an unaccompanied minor will be travelling. We do not accept any additional responsibility for an unaccompanied minor travelling in a Passenger Vehicle.
2.13 Lost property
We shall not be responsible for property left by Passengers in any Passenger Vehicle.
Where property is found in a Passenger Vehicle, it will be stored by us for a period of 28 days and thereafter we shall be entitled to return, dispose of or otherwise deal with such property as appropriate and in accordance with applicable requirements.
A reasonable charge may be levied for the return of misplaced property.
2.14 Missing flights and delays
It is the responsibility of the Customer to ensure that sufficient time is allowed for completion of the Service.
The Carrier will provide advice on journey times in good faith but does not guarantee completion of any journey within a specific time and will not be liable for any direct or consequential loss, delay or inconvenience caused to the Passenger(s) by the actual journey time, subject always to any liability which cannot lawfully be excluded.
3.1
The Carrier may engage an agent or subcontractor to fulfil the Contract and shall provide the name of such agent or subcontractor to the Customer upon request.
Where the Carrier accepts the booking as principal, the use of an agent or subcontractor to fulfil the journey does not alter the contractual relationship between the Carrier and the Customer or the Carrier's responsibility for the provision of the transportation services.
4.1
The Carrier's charges shall be based upon the Price List, with VAT to be added if required by law.
4.2
Quotations are made subject to a suitable vehicle being available and are given in accordance with details provided by the Customer.
Unless otherwise stated, admission charges, meals, accommodation, toll fees and parking charges for special events are not included in the price.
4.3
Where hours are agreed with the Carrier for the long-distance transfer of passengers, these must be strictly observed, except in the case of serious emergency or diversion, to comply with current regulations governing drivers' hours and rest periods.
The Carrier reserves the right to curtail or otherwise alter any hire that does not comply with the relevant regulations.
4.4
Transit commences when the Passenger(s) board the vehicle and ends when they leave the vehicle or upon arrival at the end destination, whichever is earlier.
4.5
The Customer must not load any vehicle beyond the number of passengers that it is legally permitted to carry.
4.6
Where the Customer or any Passenger requires us, at the beginning of or during the quoted journey, to make additional or alternative pick-ups, stops or collections of Passengers, to drop off Passengers at locations other than those specified in the quoted journey, to otherwise vary the quoted journey, or to follow a route other than the Driver's chosen route, additional charges may be made by us.
Any Passenger may request an amendment to the quoted journey by providing clear instructions to the Driver. We may, but are not required to, obtain consent from the Customer for such amendment before agreeing to the amended instructions.
4.7 Waiting time
Passenger(s) and any luggage or personal items shall be ready for collection at the time stipulated at the point of booking.
The Carrier will allow a grace period of 15 minutes for loading or waiting. Where Passengers have not boarded during this time, the Carrier has the right to charge for the total loading/waiting time, including the first 15-minute grace period, in accordance with the Price List.
4.8 No contact with Passenger
If no contact with the Passenger has been made after 15 minutes from the booked collection time, the Carrier reserves the right to cancel the booking and may charge a cancellation fee and waiting time in accordance with the Price List.
For the avoidance of doubt, any decision to cancel the booking under this clause is made by the Carrier as operator.
4.9 Airports and International Train Terminals
The Carrier will allow a grace period of 30 minutes and 15 minutes from the last known estimated arrival time of an inbound international and domestic flight respectively.
Thereafter, the Carrier reserves the right to charge the Customer for the total waiting time, including the applicable grace period, in accordance with the Price List.
The Carrier reserves the right to terminate the Contract after the applicable grace period if no contact has been made and to charge a termination fee and waiting time in accordance with the Price List.
4.10
An administration fee may be charged on each journey.
4.11
An additional charge may apply when a child seat is requested.
4.12
All parking fees, airport fees, airport zone fees, tolls and similar charges may be recharged to the Customer.
4.13 Cancellation by the Customer
If the Customer cancels their Contract with the Carrier, the Customer may be liable to pay a Cancellation on Arrival Fee in any instance where:
iii. Less than 28 calendar days, but more than 14 days, before the collection time – the Cancellation Fee will be equal to 25% of the full amount quoted for the booking.
4.14
Payment terms are 30 days from the date of invoice. Any variations to these terms must be agreed in writing.
4.15
The Carrier's charges shall be based on its tariffs in effect at the time of performance.
The Carrier will prepare invoices at least once a month. Credit facilities granted to a Customer may be withdrawn at the Carrier's discretion, at which time any outstanding balance shall become due immediately on demand.
Invoices will be produced electronically and sent by email. A charge of £1.50 per invoice or copy may be made for paper invoices.
4.16
Charges are payable in full without any right of deduction or set-off on the due date notified to the Customer or, failing such notification, within seven days after the date of the relevant invoice.
4.17
The Carrier shall be entitled to charge interest payable under the Late Payment of Commercial Debts (Interest) Act 1998 at the applicable statutory rate.
4.18
Seasonal and Public Holiday surcharges may apply.
4.19
A Clean Air Fee may be applicable to bookings and journeys.
4.20
The Carrier reserves the right to increase charges at a rate of 2% above the Retail Price Index on 1 January each year unless specific contracted terms have previously been agreed.
4.21
All charges quoted are exclusive of Value Added Tax (VAT), unless expressly stated otherwise.
5.1
The Customer shall indemnify the Carrier against any claims, costs, damages, losses, liabilities and expenses, including reasonable legal fees and costs, arising out of or in connection with a breach of these Terms and Conditions, applicable law, or misuse of the Website, App and/or Services, to the extent permitted by law.
5.2
The Chauffeur Group is entitled to assume that any person who correctly quotes the Customer's user/account login details has authority to make a booking on behalf of the Customer.
The Customer is responsible for safeguarding the confidentiality of such login information and shall be liable for the charges associated with bookings made using those credentials, subject to applicable law.
5.3
The Customer warrants that they shall not approach a Driver from the Carrier's fleet for work that is not booked through the Carrier.
5.4
Should the Customer engage a Driver from the Carrier's fleet for work other than that booked through the Carrier, policies, insurances and warranties provided by the Carrier in respect of services booked through the Carrier shall not apply to that separate arrangement.
5.5
The Customer or Passenger must not enter into a separate agreement with a Driver introduced by the Carrier for the provision of private hire passenger services where doing so would be contrary to applicable private hire legislation.
5.6
The Customer shall not use The Chauffeur Group for any unlawful or illegal purpose and shall comply with all applicable law.
If any provision of these Conditions is held by any court or competent authority to be invalid or unenforceable, in whole or in part, the validity of the remainder of these Conditions and the remainder of such provision shall continue in full force and effect.
These Conditions and all Contracts with Customers shall be governed by and construed in accordance with the laws of England and Wales.
Any proceedings shall be subject to the jurisdiction of the courts of England and Wales.
PROTECTION OF PERSONAL DATA
General
Each party shall comply with its respective obligations under applicable UK data protection legislation, including the UK GDPR and the Data Protection Act 2018.
Data Protection Relationship
Where the Carrier processes Personal Data on behalf of a Client as a data processor, the relationship between the Client and the Carrier shall be that of data controller and data processor respectively, as those terms are defined under applicable UK data protection legislation.
In processing such Personal Data, the Carrier shall:
Nothing in this section prevents the Carrier from processing Personal Data as an independent data controller where such processing is necessary for the Carrier's own legal, regulatory, licensing, financial, operational or other legitimate purposes.
