Chauffeurs

1st ASSIST LTD

Terms and Conditions

1st Assist Ltd, (hereinafter called “the Carrier”) accepts luggage, passengers and personal items for carriage subject to the conditions hereinafter called
“these Conditions” set out below and, each condition shall be deemed to be incorporated in and be a condition of any agreement between the Carrier and the Customer. No agent of or person employed by or under contract to the Carrier has any authority to vary these Conditions unless he is first expressly authorized in writing by the Carrier to make the particular alteration or variation. 

1. Definitions

"Carrier" means 1st Assist Ltd" 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 a contract, which includes journey details, for the provision of services between the Customer and the Carrier, whether booked as an account or non-account. In accordance with TFL, as the licensing authority, 1st Assist Ltd operates lawfully under the Private Hire Vehicles (London) Act 1998 and as such all bookings however they are taken will be accepted as principal and a contractual obligation with the passenger will be made 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 such persons who the Customer shall authorise and/or permit to use of 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 that is 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 that are payable in five-minute increments when waiting has been incurred before or during a passenger journey.

2. Carriage of Passengers and Luggage
   • 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. 
   • The Passenger shall be responsible for their luggage and personal items at all times and shall ensure that they are loaded into the vehicle prior to the commencement of the service and unloaded from the vehicle upon completion of the service. The Carrier will accept no responsibility for any loss or damage to luggage and personal items or consequential losses arising as a result of luggage and personal items that are not loaded or unloaded from the Passenger vehicle 
   • The Customer shall be responsible for the conduct of the Passenger(s) and shall be liable for any loss/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 and we may charge reasonable repair or cleaning charges plus £90.00 representing loss of earnings for the Driver in the event of spillages in or in the event that any Passenger vomits in or otherwise soils, contaminates or damages a Passenger Vehicle. 
   • The Driver is responsible for the safety of the vehicle and its occupants. The Driver has the right to refuse carriage to any Passenger who the Driver reasonably believes to be in an unfit condition to travel, is in our opinion intoxicated, threatening, abusive, dangerous or disorderly. 
   • Passengers are not permitted to smoke in any Passenger vehicle including the use of electronic cigarettes. 
   • The Carrier will not carry any animals except for Guide Dogs accompanying registered blind and disabled passengers. 
   • Passengers shall not play any musical instrument or broadcast recorded music in any Passenger vehicle without the permission of the Carrier. 
   • Passengers shall not consume alcohol or food in a Passenger vehicle and we reserve the right to terminate the journey at any time. 
   • All Passengers shall comply with all applicable legislation and regulations including the requirement to wear seat belts at all times. 
   • We will not allow the carriage of unaccompanied minors less than 11 years of age. In exceptional circumstances and subject to the parent/guardian’s consent we may allow minors over the age of 11 to travel unaccompanied. The Customer must advise the Carrier that an unaccompanied minor will be travelling. We do not accept any additional responsibility for any unaccompanied minor in a Passenger vehicle. 
   • We shall not be responsible for any 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, sell, destroy or otherwise dispose of such property as see fit. A charge may be levied to return the misplaced property. 
   • Missing Flights/Delay – 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 the completion of any journey in any 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 
3. Sub-Contractor

   The Carrier may engage any agent (Licensed Operator) or sub-contractor to fulfill the contract and shall provide the name of such agent or sub-contractor to the Customer upon request. 

4. Charges

The Carrier’s charges shall be based upon the Price List, with VAT to be added if required by Law.

• Quotations are made subject to a suitable vehicle being available. Quotations 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. 
• Where hours are agreed with the Carrier for the long distance transfer of passengers, these must be strictly observed (except for serious emergency or diversion) to comply with the 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. 
• 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 the earlier. 
• The Customer must not load any vehicle beyond the number of passengers that it is legally permitted to carry. 
• In the event that the Customer or any Passenger requires us at the beginning of or during the course of the quoted journey to make any additional or alternative pick-up(s), stops, collections of Passenger(s) or to drop off Passengers at any locations other than specified in the Quoted journey or to take any variation from the Quoted journey or follow a route other than the Driver’s chosen route, additional charges may be made by us. Any Passenger may amend the Quoted journey by providing clear instructions to the Driver. We may (but we are not required to) obtain consent from the Customer for such amendment prior to agreeing the amending instructions. 
• 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 10 minutes for loading or waiting and in the event that Passengers have not boarded during this time, the Carrier has the right to charge for the total loading/waiting time (for the avoidance of doubt, including the first 10 minutes grace period) in accordance with the Price List. 
• If no contact with the Passenger has been made after 15 minutes of the booking the Carrier reserves the right to terminate the booking and may charge a cancellation fee and waiting time in accordance with the Price List. 
• Waiting time – Airports, International Train Terminals – The carrier will allow a grace period of 30 and 15 minutes from the last known estimated arrival time of an inbound international and a domestic flight respectively. Thereafter the Carrier reserves the right to charge the Customer for the total waiting time (for the avoidance of doubt the first 30 and 15 minutes as described) in accordance with the Price List. The Carrier reserves the right to terminate the Contract after the 30 and 15 minute grace period if no contact has been made and charge a termination fee and waiting time in accordance with the Price List. 
• There will be an administration fee charged on each journey. 
• An additional charge will apply when a child seat is requested 
• All parking fees, airport or otherwise, tolls, airport zone fees will be recharged to the Customer 
• Cancellation – If the customer cancels their Contract with the carrier then they may be liable to pay a Cancellation on Arrival Fee in any instance where; a. the booking is for an ad hoc booking of a Passenger vehicle that has already been dispatched. This fee will be equal to the minimum charge for the tariff selected for that vehicle that can be found on the Price List. b. the booking is for a pre-booked journey for an executive vehicle that is cancelled less than 60 minutes before the collection time c. the booking is for a coach, minibus or any other vehicle that seats more than 8 eight passengers then the following schedule is applicable i. Less than 72 hours before the collection time the Cancellation Fee will be equal to the full amount quoted for the booking. ii. Less than 14 calendar days (but more than 72 hours) before the collection time the Cancellation fee will be equal to 50% of the amount quoted 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. 
• Payment terms are 30 days from the date of invoice. Any variations to these terms are to be agreed in writing. 
• 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 Carriers discretion. At any time and the balance outstanding shall become due immediately on demand. Invoices will be produced electronically and sent by email. A charge of £1.50 per invoice or copy will be made for the production of paper invoices. 
• 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. 
• The Carrier shall be entitled to charge interest payable under the Late Payment of Commercial Debts (Interest) Act 1998, calculated at an annual rate of 8% above the Bank of England base rate pursuant to The Late Payment of Commercial Debts (Rate of Interest) (No. 3) Order 2002) 
• Seasonal Public Holiday surcharges will apply 
• A Clean Air Fee will be applicable to all bookings and journeys
• The Carrier reserves the right to increase charges at a rate of 2% above the Retail Price Index on 1st January every year unless specific contracted terms have been previously agreed. 
• All charges quoted are exclusive of Value Added Tax (VAT), which will be charged for all bookings except coach travel. 

5. Indemnity to the Carrier
   • The Customer shall indemnify the Carrier against any claims, costs, damages, losses, liabilities and expenses (including reasonable legal fees and costs) that arise out of or in connection with a breach of these terms and conditions, any applicable law or your use or misuse of the Website and Services;
   • 1st Assist Ltd is entitled to assume that any person who correctly quotes the user/account login details has authority to make the Booking on behalf of the Customer. The Customer is solely responsible for safeguarding the confidentiality of such log in information and shall be liable for the Charges of all Bookings made by any such person whether or not in fact authorized by it.
   • The Customer warrants that they shall not approach a Driver from the Carrier’s fleet for work not booked through the Carrier;
   • Should the Customer engage a Driver from the Carrier’s fleet for work other than that booked through the Carrier, then all policies, insurances and warranties provided by the Carrier shall be null and void;
   • It is illegal for the Customer or Passenger to enter into a separate agreement for the provision of passenger services with a Driver who has been introduced by the Carrier
   • The Customer shall not use 1st Assist Ltd for any unlawful or illegal purpose and to comply with all applicable law.
6. Severance If any provision of the 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 of such provision shall continue in full force and effect. 
7. Governing Law and Jurisdiction These Conditions and all contracts with Customers shall be governed by and construed in accordance with the Laws in England and any proceedings shall be subject to the exclusive jurisdiction of the English Court

PROTECTION OF PERSONAL DATA

General Each party shall comply with its respective obligations under the provisions of the GDPR and undertakes not to put the other in breach of the provisions of that Act.
General Data Protection Regulation Relationship It is acknowledged and agreed that, in respect of Personal Data, the relationship between the Client and the Supplier is one of “data controller” and “data processor” (as such terms are defined in the Data Protection Act 1998). In processing Personal Data the Supplier shall: act only on instructions from the Client as data controller; comply with the Client’s instructions in relation to the processing of Personal Data (as such instructions are given and varied from time to time by the Client); at all times take all appropriate technical and organizational measures against unauthorized or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data and ensure the security of such Personal Data; ensure that people processing the data are subject to a duty of confidence; assist the Client in providing subject access and allowing data subjects to exercise their rights under the GDPR; assist the Client in meeting its GDPR obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments; delete or return all personal data to the Client as requested at the end of the contract excluding financial records which are to be held for 6 year; submit to audits and inspections, provide the Client with whatever information it needs to ensure that they are both meeting their obligations under Article 28 of the GDPR, and inform the Client immediately if it is asked to do something infringing the GDPR or other data protection law of the EU or a member state; by signing these terms & conditions the Client provides written authorization for the Supplier to use sub-processors to deliver the Services);co-operate with supervisory authorities (such as the Information Commissioner’s Office) in accordance with Article 31 of the GDPR;ensure the security of its processing in accordance with Article 32 of the GDPR; keep records of its processing activities in accordance with Article 30.2 of the GDPR; and appoint a data protection officer if required in accordance with Article 37 of the GDPR.