BLACK-TIE CHAUFFEUR LIMITED

TERMS AND CONDITIONS

1. INTRODUCTION, CONTACT AND APPLICATION

We are Black-Tie Chauffeur Limited, a company registered in England and Wales with company number 14691570 whose registered office is at 167-169 Great Portland Street, 5^th Floor, London, W1W 5PF.

We can be contacted by the following means:

T: +44 20 8226 0059 

T: +44 7832 759 994

W: www.blacktiechauffeur.co.uk

E: admin@blacktiechauffeur.co.uk

We are a London based chauffeur service.

These Terms and Conditions (“T&Cs”) govern the provision of the services as detailed below by Black-Tie Chauffeur Limited (“Company”/“We”/“Our”) to customers (“Customers”/”You”/”Your”). Customers here are individual consumers. These T&Cs supersede all previous terms and conditions and constitute a legal binding agreement between the Company and their Customers.

Click here to indicate that You have read and agreed to the following terms presented in these T&Cs.

2. DEFINITIONS AND INTERPRETATION

2.1

2.2          Any reference to “writing”, and any similar expression, includes a reference to any communication sent by email.

2.3          Unless expressly stated otherwise, legislation or a provision thereof is a reference to that legislation or provision as amended or re-enacted from time to time.

2.4          Unless expressly stated otherwise, legislation or a provision thereof, shall include all subordinate legislation made from time to time under that legislation or provision.

2.5          A reference to “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time.

2.6          A reference to “the Contract” is a reference to the contract between the Parties as defined above in sub-Clause 2.1 and further set out below in clause 3 (Basis of Contract).

2.7          A reference to a “Party” or the “Parties” refer to the parties to the Contract.

2.8          A reference to any other agreement or document is a reference to that agreement or document as amended or supplemented at the relevant time.

2.9          Any obligation on either Party not to do a particular thing includes an obligation to not allow that thing to be done.

2.10        The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of the Contract.

2.11        Words communicating the singular number shall include the plural and vice versa.

2.12        References to any gender shall include any other gender.

2.13        References to persons shall include natural persons, corporate, or unincorporated bodies (whether or not the same have a separate legal personality).

2.14        References to a company shall include companies, corporations, or other bodies corporate, however so and wherever incorporated or established.

3. BASIS OF CONTRACT AND ACCOUNTS

3.1          A Booking shall constitute a contractual offer by the Customer to procure the Services from the Company in accordance with and on the basis of these T&Cs. Customers may elect to set up an Individual Customer Account or Corporate Account. Here We deal with the terms for an Individual Customer Account.

3.2          A Booking can be made via Individual Customer Account and using Communication Channels. Acceptance of the Booking is made by the Company accepting the booking in writing across the Communication Channels. The Company produces a Customer Account Number to the Customer. At this point a Contract comes into place between the Customer and the Company. The Customer is deemed to have accepted the T&Cs when making use of the Services.

3.3          These T&Cs form the basis of the Contract and Your acceptance of them. All other terms including but not limited to Our Privacy Notice, Cookies Policy and Website Disclaimer are incorporated into these T&Cs. Any terms implied by trade custom, practice or course of dealing shall be excluded from the Contract.

3.4          No advertising, promotional literature, descriptive matter, brochures or similar material issued or published by the Company in any format or medium shall form part of the Contract. Such material is provided by the Company only for promotional purposes and for providing an approximate description of the Services.

4. PROVISION OF SERVICES – COMPANY OBLIGATIONS

4.1          The Company shall use all reasonable endeavours to meet any performance dates and times specified in the Booking, or agreed with the Customer but any such dates shall be estimates only and time shall not be of the essence for the performance of Services. Chauffeurs will be as punctual as they can, but delays caused by events out of Our control do occur. Our Chauffeurs give advice on journey times, but We do not guarantee the completion of any Booking in a specific time. Customers are also advised to give themselves plenty of time.

4.2          The Company reserves the right to amend the Services if necessary to comply with the Legislation and or the Licensing Authority.

4.3          The Company warrants that the Services shall be performed with reasonable skill and care and in accordance with good industry practice.

4.4          The Company shall obtain and maintain at all times the minimum insurances required by the Legislation and Licensing Authority to cover the liabilities that may arise under or in connection with the Services. Any insurances do not cover property left in a Vehicle as detailed at clause 4.5.

4.5          If the Customer leaves any property in a Vehicle, the Company shall not be responsible for such property. Where a Chauffeur finds the property, the Company shall use reasonable efforts to store said lost property for a 12-week period. The Customer can contact the Company to have the property returned which may incur a charge.

4.6          For the purposes of this clause a minor is a child who has not yet reached their age of majority in England and Wales being 18. The Company will not allow unaccompanied minors to travel alone in a Vehicle and reserves the right to notify a parent/carer or relevant government or regulatory body if it suspects a minor is travelling unaccompanied. A minor can be allowed to travel by the Company but it must be made clear at Booking and the approval of the Company obtained. In all circumstances the Company does not accept any additional responsibility for any minor travelling unaccompanied in a Vehicle.

5. CUSTOMER OBLIGATIONS

5.1          The Customer shall:

1. ensure that the terms of the Booking are complete and accurate, and all information is provided to the Company to enable them to supply the Services, and ensure that such information is complete and accurate in all material aspects;
2. co-operate with the Company in all matters relating to the Services;
3. without prejudice to clause 5.2, ensure that it only allows authorised persons to access and use the Services and the Customer Account Number on its behalf;
4. comply with, and ensure all Customers/Passengers comply with these obligations;
5. provide the Company with access to and from the Collection and Destination Address, any premises and other facilities to carry out the Services.

5.2          The Company reserves the right to treat any Booking made referencing the Customer Account Number as duly authorised by the Customer and the Customer shall be liable in all respects for Charges, Additional Charges and Cancellation Charges.

5.3          In the event that the Company requires the decision, approval, consent, authorisation, or any other communication from the Customer in order to continue with the provision of Services at any time, the Customer shall provide the same in a reasonable and timely manner.

5.4          Any failure or delay in the provision of Services by the Company which results from the Customer’s failure or delay in complying with any of its obligations under the Contract shall not be the responsibility or fault of the Company.

6. CHAUFFEURS AND COMPANY STANDARDS

6.1          When providing Chauffeurs, the Company shall be free to use independent subcontractors provided that such subcontractors are suitably qualified, trained and licensed under the Legislation and Licensing Authority.

6.2          Any subcontractor Chauffeur appointed by the Company shall for the purposes of these T&Cs be acting on behalf of (and under the guidance of) the Company.

6.3          Any actions or breaches undertaken or committed by any such subcontractor Chauffeur shall be deemed to be an action or breach undertaken or committed by the Company.

6.4          Any and all insurance policies referred to under clause 4.4 shall cover all subcontractor Chauffeurs so appointed.

6.5          The Company runs a strict no smoking and vaping (electronic cigarette) policy in all Vehicles.

6.6          The Chauffeur will drive at safe speeds and in accordance with traffic conditions and weather. We do not accept abusive behaviour or bad language and ask that all Our Chauffeurs are shown respect and are left to drive at their own volition and pace. We reserve the right to terminate any Services and ask You to leave the vehicle where this is not the case.

6.7          The Company reserves the right to change Your Vehicle and or Chauffeur at any time.

6.8          The Company reserves the right to refuse to carry any Customer who is thought to be under the influence of alcohol or drugs and whose behaviour poses a threat to either the Chauffeur, Vehicle and or member of the public.

6.9          At all times the Customer is responsible for any damage/soiling they cause to the interior and or exterior of a Vehicle and will be billed under Additional Charges for any repair and valeting.

6.10        The Chauffeur is responsible for any loading of luggage, however personal items such as handbags and laptops are the responsibility of the Customer in line with clause 4.5.

6.11        Seatbelts are to be worn at all times.

6.12        No filming or recording in the Vehicle at any time.

7. CHARGES, PAYMENT TERMS AND WAITING/AIRPORT DROPS AND TIMES

7.1          The Customer shall pay to the Company the Charges and any Additional Charges, Cancellation Fees in line with  their Individual Customer Account.

7.2          All prices are subject to VAT charged at the prevailing rate.

7.3          Charges on Your credit card will be shown as Black-Tie Chauffeur Ltd.

7.4          The Company reserves the right to pre-authorize any card held by You to ensure that are sufficient funds to meet the Charges on the Booking.

7.5          Transaction Accounts must be settled after the completion of each Booking by credit or debit card. If not settled immediately the Customer has 5 working days to meet the invoice otherwise clause 7.8 is triggered.

7.6          The Company shall provide an invoice detailing the Charges and any Additional Charges and or Cancellation Fees after completion of each Booking.

7.7          The Company reserves the right to increase/alter the Charges and or Additional Charges and Cancellation Fees and to vary other discounts as applied from time to time and at their discretion.

7.8          The Company reserves the right to charge interest on Charges not met from the date they fall due, whether before or after judgment. Interest under this clause 7.8 will accrue at 5% a year above the Bank of England’s base rate.

7.9          Payment is always made to the Company and the Chauffeur will not collect Charges at any time.

7.10       Each Customer has an Inclusive Waiting Time for each Booking which is 15 minutes for standard (non-airport transfer). Airport Transfer have 1 hour waiting time.

7.11        The Additional Waiting Time shall be charged as per the table attached as Price List at the Schedule. Additional Waiting Time is charged to the Customer as part of the Additional Charges.

7.12        There is no airport drop off/waiting fee from Destination Address to airport however the Company reserves the right to make an Additional Charge if Destination Address is in a congestion charging zone. Parking can be added as Additional Charges from airport to Destination Address.

7.13        Airport wait times are capped at 60 minutes. A Chauffeur will wait in arrivals with an electronic board showing Customer name. After such a tine the Chauffeur may leave if contact cannot be made by phone and the Customer could be liable for the full Charges and Additional Charges.

7.14        Airport wait times are as follows:

                This will revert to the waiting time in the “Price List” in the schedule below

7.15        Flights will be monitored by the Company in real time via airport website however if a Customer fails to make a flight it is their responsibility to notify the Company or full Charges and Additional Charges will be made.

8. CANCELLATION POLICY, COMPLAINTS AND TERMINATION

8.1          Bookings can be cancelled via Our Communication Channels and in accordance with the Cancellation policy laid down at the Schedule. Bookings can also be cancelled via the Individual Customer Account when they sign into their account.

8.2          The Company reserves the right to cancel a Booking without any refund to the Customer in the event that Customer does not show up and on the premise that the Company has attempted to contact them and/or there is a Force Majeure Event. In such circumstances the Customer shall be charged the full amount for the Booking.

8.3          The Company takes complaints extremely seriously and the Customer is encouraged to inform the Company as soon as possible of any issues with the Services using the contact details above. If there are any issues, Customers are encouraged to take a photo and send it to the email address above in the contact section with details of the Services and what the issue was.

8.4          These T&CS can be terminated by either Party in accordance with this clause 8.4 by giving to the other Party written notice of:

1. a material breach of any of the terms of these T&Cs where it is not possible to remedy the breach;
2. in the case of the Customer and non-payment of any invoiced Charges that are due and owing and are not settled within 30 days of notification;
3. a Party suffers or undergoes insolvency, makes a composition with creditors, has a receiver or administrator or suffers a winding up, administration, liquidation.

Termination will render any uncompleted Bookings at an end.

9. CORPORATE ACCOUNT CUSTOMERS

All Corporate Accounts are subject to T&Cs available on request.

10. CONSUMER RIGHTS

As a consumer, you have certain legal rights with respect to the purchase of Services.  For full details of Your legal rights and guidance on exercising them, it is recommended that You contact your local Citizens Advice Bureau or Trading Standards Office.  If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.  If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price.  If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full Charges and, where you have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. 

11. INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights belonging to any brand or trademark of the Company shall remain vested in the Company and neither Party’s trademarks or brand shall be used by the other for any purpose without the other party’s prior written consent. All Intellectual Property Rights in any Communication Channel used by the Company shall remain vested in them. Where a Customer uses any software developed by the Company to make a Booking via a Communication Channel (an App for example), the Company grants to the Customer a royalty free, non-exclusive, revocable, worldwide, non-transferable, non-sub licensable license for the sole purpose of making a Booking for Services.

12. CONFIDENTIALITY

12.1        Each Party undertakes that, except as provided by clause 12.2 or as authorised in writing by the other Party, it shall, at all times during the term of the Contract and after its termination and expiry:

1. keep the Confidential Information confidential;
2. not disclose any Confidential Information to any other party;
3. not use any Confidential Information for any purpose other than as contemplated by the Contract;
4. ensure that (as applicable) none of its employees, directors, officers, agents, or subcontractors does any act which, if done by that Party, would be a breach of this clause 12.

                12.2        Subject to clause 12.3, either Party may disclose any Confidential Information to:

1. any subcontractors or suppliers;
2. any governmental or other authority or regulatory body;
3. the Licensing Authority;
4. any employee or officer of that Party or any of the aforementioned persons, parties, or bodies.

12.3        Disclosure under clause 12.2 may be made only to the extent that it is necessary for the purposes contemplated by the Contract or as required by law. In this case the Party must disclose to the recipient of such a body that the Confidential Information is confidential.

12.4        Either Party may use any Confidential Information for any purpose where it is or has become public knowledge through no fault of that Party.

13. LAW

The Company shall when performing its obligations under the Contract comply with the Legislation and rules and regulations laid down by the Licensing Authority.

14. DATA PROTECTION

The Company shall only use the Customer’s personal data as set out in the Company’s Privacy Notice available from https://blacktiechauffeur.co.uk/privacy-policy/ .

15. LIABILITY

15.1        Nothing in these T&Cs shall limit or exclude either Party’s liability under or in relation to the Contract for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for the wilful misconduct of either Party or that of its employees or agents, for any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (relating to title and quiet possession), or any other form of liability which cannot be limited or excluded by law.

15.2        Nothing in this Clause 15 shall exclude or limit either Party’s payment obligations under the Contract.

15.3        Nothing in this Clause 15 shall exclude claims under or in relation to the Contract for direct financial loss that are not expressly excluded by categories (a) to (i) of clause 15.4.

15.4        Subject to sub-Clauses 15.1 to 15.3 and to any other provision to the contrary in the Contract, neither Party shall be liable under or in relation to the Contract for any loss suffered by the other, whether suffered directly or indirectly, or whether immediate or consequential, arising in contract, tort (including negligence), breach of statutory duty, or otherwise, which falls within any of the following categories:

1. loss of profits;
2. loss of sales or business;
3. loss of business opportunity;
4. loss of agreements or contracts;
5. loss of anticipated savings;
6. loss or corruption of data;
7. loss of, or damage to, goodwill;
8. indirect or consequential loss; or
9. special damages, even in the event that the relevant Party was aware of the circumstances in which the same could arise.

15.5        Subject to clause 15.1 and 15.2 the total aggregate liability of the Company under or in relation to the Contract for any and all related acts or omissions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total Charges paid by the Customer to the Company for the Contract and in the aggregate under these T&Cs a total cap of £250 shall be applied.

15.6        Nothing in these T&Cs seeks to exclude or limit Your legal rights as a consumer.  For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

16. FORCE MAJEURE

Neither Party shall be in breach of these T&Cs nor liable for delay in performing, or failure to perform, any of its obligations under these T&Cs if such delay or failure result from a Force Majeure Event. In such circumstances the affected Party shall be entitled to a reasonable extension of the time for performing such obligations. If the extension of time exceeds a 6-month period, the Party not affected may terminate these T&Cs by giving to the other 30 days written notice.

17. NO WAIVER

No failure or delay by either Party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

18. FURTHER ASSURANCE

Each Party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of the Contract into full force and effect.

19. VARIATION

Other than as set out in these Terms and Conditions, no variation of the Contract including, but not limited to, the introduction of any additional terms and conditions, shall be effective unless it is made in writing and signed by the Parties (or their authorised representatives).

20. SEVERANCE

In the event that one or more of the provisions of the Contract is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Contract. The remainder of the Contract shall be valid and enforceable.

21. THIRD PARTY RIGHTS

No part of the Contract shall be intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Contract. Subject to this clause 21, the Contract shall continue and be binding on the transferee, successors and assigns of either party as required.

22. RELATIONSHIP OF THE PARTIES

Nothing in the Contract shall constitute or be deemed to constitute a partnership, joint venture, agency, or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the Contract.

23. NOTICES
24. All notices under the Contract shall be in writing and deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
25. All notices under the Contract shall be addressed to the most recent postal address or email address given in clause 1 or as otherwise notified in writing by either Party to the other from time to time.
26. Notices shall be deemed to have been duly given:
27. when delivered, if delivered by courier or other messenger during the normal business hours of the recipient; or
28. when sent, if sent by email during the normal business hours of the recipient or, if sent outside the recipient’s normal business hours, when such business hours resume; or

iii.           at 9:00am on the second Business Day following mailing or at the delivery time recorded by the relevant delivery service, if mailed by first-class mail, postage prepaid or by any other next working day delivery service.

1. For the purposes of this Clause 23, “normal business hours” shall mean 9:00am to 5:00pm, Monday to Friday on a day that is not a public or bank holiday.

24. ENTIRE AGREEMENT
25. The Contract constitutes the entire agreement between the Parties with respect to its subject matter.
26. Each Party acknowledges that, in entering into the Contract, it shall not rely on any representation, warranty, assurance or other provision (made innocently or negligently) except as expressly provided in the Contract.
27. PROMOTIONS

Periodically, the Company may run promotions offering discounted Services, voucher codes and or rewards. The Company reserves the right to remove and or delete such promotions at any time. All promotions will be run subject to separate terms and conditions published at the time. Promotional discounts and codes will be non-transferable.

26. LAW AND JURISDICTION

The Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales. Any dispute, controversy, proceedings or claim between the Parties relating to the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

SCHEDULE

PRICE LIST

CANCELLATION

• If you cancel Your Booking less than 1 hour before:

100% of the Charges apply.

• If You cancel Your Booking less than 3 hours before:

50% of the Charges apply.

• If You cancel Your booking less than 6 hours before:

25% of the Charges apply.

• If You cancel Your Booking more than 6 hours before:

The Company will pay You a full refund (“Same Day Refund”)