Five Star Corporate Cars Terms and Conditions
DEFINITIONS AND INTERPRETATION
â€œAccountâ€ means a Customer account which has been opened by Five Star in respect of a particular Customer and which is identified by way of a confidential security number (the â€œCustomer Account Numberâ€œ) allocated to the Customer and under which Five Star extends credit terms to the Customer enabling such Customer to pay on a periodic basis, based on statements of account provided by Five Star (or as otherwise agreed under the Account agreement)Â and which may be designated as an Account, a Priority Account or a Priority Plus Account.).
â€œAccount Bookingâ€ means a Booking that is: (i) made through an Account; and (ii) fulfilled by Five Star (as opposed to a Fulfilment Partner).
â€œFive Starâ€ means Five Star Corporate Cars Limited incorporated and registered in England and Wales with company number 07460926 whose registered office is at Kardelton House, Vansittart Estate, Arthur Road, Windsor SL4 1SE (or such of its subsidiaries or associated companies which provides Services to Customers under these Terms).
â€œFive Star Cancellation Feeâ€ means the sums payable by a Customer for the cancellation of a Passenger Services Booking by the Customer as set out in, and in accordance with, Clause 3.1.3 below.
â€œAirport Bookingâ€ means a Booking made to or from any of the following airports: London Heathrow, London Gatwick, London City, London Stansted and London Luton.
â€œAppâ€ means the Five Star mobile application.
â€œApplicable Lawâ€ means all statutes, statutory instruments, regulations, regulatory requirements, by-laws, ordinances, subordinate legislation and any other laws which apply in any relevant jurisdiction from time to time.
â€œBookingâ€ means a booking made by a Customer for Services, howsoever communicated to us, as evidenced by our records.
â€œBusiness Dayâ€ means a day (excluding Saturdays, Sundays and public holidays) which is also a day on which clearing banks in the City of London are open for the conduct of sterling banking business.
â€œCard Paymentâ€ means payment in relation to a Booking by any means other than by cash or cheque or direct debit, including but not limited to credit card, debit card, Apple Pay and PayPal payments.
â€œCentral Londonâ€ means the areas defined as Zone 1 and Zone 2 for the London Underground as varied from time to time by Transport for London.
â€œChargesâ€ means the charges: (i) shown in the Price List or other published literature; (ii) communicated to the person making the Booking; or (iii) for certain Account Bookings, the price calculated in accordance with charge rates agreed between Five Star and the Customer (in each case as applicable).
â€œChristmas Periodâ€ means between 18:00 hours on 24 December to 23:59 hours on 26 December, in any year, and from 18:00 hours on 31 December to 23:59 on 1 January, in any year.
â€œCollection Addressâ€ means the address stated by the Customer at the time of making the Booking as the address from which the Vehicle shall collect the Customer, any Passengers or the Goods.
â€œContractâ€ means a contract, which includes journey details, for the provision of Services to Customers in respect of either: (i) Account Bookings (where the Customer contracts with Five Star); (ii) Non-Account Bookings (where Five Star acts as a disclosed agent of the Driver to arrange the Services and the Customer contracts directly with the Driver as principal); and (iii) Network Bookings (where Five Star acts as a disclosed agent of the Fulfilment Partner to arrange the Services and the Customer contracts directly with the Fulfilment Partner as principal), in each case on the terms and conditions (as may vary from time to time) notified to the Customer either at the time of making the Booking or as part of the process of opening an Account. Each such Contract shall incorporate these Terms.
â€œCourier Vehicleâ€ means a vehicle used for the carriage or delivery of Goods.
â€œCourier Servicesâ€ means: (i) the carriage or delivery of Goods in the UK; and (ii) the delivery of Goods nationally or internationally.
â€œCustomerâ€ and â€œYouâ€ means any person(s), firm or company which books Services.
â€œData Protection Legislationâ€Â means all applicable legislation for the time being in force in the UK or any part of it, pertaining to data protection, data privacy, data retention and/or data security (including the Data Protection Directive (Directive 95/46/EC) (as may be superseded by the General Data Protection Regulation (Regulation 2016/679) (â€œGDPRâ€œ)) and the Privacy and Electronic Communication Directive (Directive 2002/58/EC) (as may be superseded by the Regulation concerning the respect for private life and the protection of personal data in electronic communications (Regulation on Privacy and Electronic Communications) 2017/0003 (COD) (â€œePrivacy Regulationâ€œ) and national legislation implementing or supplementing such legislation in the United Kingdom and any applicable member state of the European Union) and all associated codes of practice and other guidance issued by any applicable data protection authority. The terms â€œpersonal dataâ€, â€œprocessâ€, â€œdata controllerâ€ and â€œdata processorâ€ shall have the meanings given in the applicable Data Protection Legislation.
â€œDestination Addressâ€ means the address stated by the Customer at the time of making the Booking as the address to which the Vehicle shall deliver the Customer, any Passengers or the Goods.
â€œDriverâ€ means any person who drives a Passenger Vehicle.
â€œFulfilment Partnerâ€ means a third party private hire company.
â€œGoodsâ€ means any goods transported by us pursuant to a Contract.
â€œLondon Postal Areaâ€ means the areas corresponding to the postcode areas for London, as varied from time to time by the Royal Mail.
â€œMinorsâ€ mean children of less than 14 years of age.
â€œNetwork Bookingâ€ means a Booking: (i) for Passenger Services; and (ii) that is fulfilled by a Fulfilment Partner.
â€œNon-Account Bookingâ€ means a Booking that is: (i) not made through an Account; and (ii) arranged by Five Star as agent for the Driver and is not fulfilled by a Fulfilment Partner, where the Customer elects to pay by cash, cheque or Card Payment.
â€œPassenger(s)â€ means the Customer and such persons who the Customer shall authorise and/or permit to make use of the Passenger Services by travelling in a Passenger Vehicle. By agreeing to or using the Services, each Passenger agrees to be bound by these Terms.
â€œPassenger Servicesâ€ means the transportation of Passengers (together with any applicable luggage or bicycle) by a Passenger Vehicle.
â€œPassenger Vehicleâ€ means any vehicle (including a motorcycle adapted for Passenger Services) used for the carriage of Passengers.
â€œPersonal Data Breachâ€ means the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to any Processed Data.
â€œPrice Listâ€ means the list maintained by us of certain of our Charges relating to the Services from time to time, a current copy of which can be obtained on request.
â€œPriority Accountâ€ means an Account designated as a â€˜Priority Accountâ€™ by Five Star.
â€œPriority Feeâ€ means a fee of up to 17.5% of the total cost of each Booking by an Account Customer when a Card Payment is made or when payment is made by BACS.
â€œPriority Plus Accountâ€ means an Account designated as a â€˜Priority Plus Accountâ€™ by Five Star.
â€œProcessed Dataâ€ means personal data provided from the Customer to Five Star in relation to the Services.
â€œRestricted Streetâ€ means any location subject to any parking law or regulation prohibiting any Vehicle waiting during prescribed hours.
â€œServicesâ€ means: (i) Courier Services; (ii) Passenger Services; and (iii) any other services agreed in writing between us and the Customer from time to time.
â€œSupervisory Authorityâ€ means any local, national or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for administering Data Protection Legislation.
â€œTermsâ€ means these terms and conditions, as amended from time to time.
â€œVehicleâ€ means a Passenger Vehicle or a Courier Vehicle.
â€œWaiting Time Chargeâ€ means Â£30 per hour payable in one minute increments.
â€œWeâ€, â€œweâ€, â€œOurâ€, â€œourâ€, â€œUsâ€ and â€œusâ€ means: (i) in relation to Account Bookings, Five Star; and (ii) in relation to Non-Account Bookings, the Driver performing the Services; and (iii) in relation to Network Bookings, the Fulfilment Partner performing the Services.
â€œWritingâ€ and â€œWrittenâ€ means any written communication including email and SMS.
â€œZone 1â€ means a postcode which is up to 9 miles as the crow flies from WC2.
â€œZone 2â€ means a postcode which is 9 miles or more as the crow flies from WC2.
2.1Â Account Bookings
2.1.1 Prior to making any Account Booking, the Customer must first open an Account with Five Star. The Customer must keep its dedicated and secret Customer Account Number confidential.
2.1.2 When making any Account Booking, the Customer must quote its Customer Account Number. If the Customer fails to do so, we shall not be obliged to perform the Booking and may, at our discretion, treat the Booking as a Non-Account Booking.
2.1.3 We shall be entitled to treat any Account Booking made quoting the confidential Customer Account Number as duly authorised by the Customer and the Customer shall be liable in respect of all Charges relating thereto.
2.1.4 In consideration of performance of Services in relation to Account Bookings, the Customer shall pay the Charges, the Priority Fee and any applicable VAT (without set off or deduction), as invoiced by Five Star, within 30 days (or such shorter period as we in our absolute discretion notify to you) of the date of an invoice (the â€œDue Dateâ€).
2.1.5 Payment shall be made by direct debit (which is Five Starâ€™s preference) or alternatively by cheque, telegraphic transfer or BACS to such bank account as we shall notify the Customer.
2.1.6 Subject to clauses 2.1.7, 2.1.8, 2.1.11 and 2.1.12 weÂ shall be entitled to charge a Priority Fee in relation to Account Bookings of up to 17.5% of the Charges unless otherwise agreed with the Customer.
2.1.7Â Subject to clause 2.1.8, Priority Plus Accounts shall pay a reduced Priority Fee of 5% in relation to Priority Plus Account Bookings made by Card Payment or by BACS and shall pay no Priority Fee when the Booking is paid by direct debit.
2.1.8 The priority fee payable by Priority Plus Account Customers pursuant to clause 2.1.7 may be varied at Five Starâ€™s sole discretion but shall not be more than the Priority Fee. Any amendment to the then current priority fee payable by Priority Plus Account Customers shall be notified to the Customer at least 30 days before the date of the proposed amendment.
2.1.9 Priority Plus Account Customers shall be entitled to receive a discount of 20% on the Charges payable for all Airport Bookings and a discount of Â£2.00 per booking on the Charges payable for Passenger Services booked via Five Starâ€™s website or via the App.
2.1.10 The discounts applicable to Priority Plus Accounts as detailed in clauses 2.1.7 to 2.1.9 (inclusive) shall only apply to the cost of the original journey and shall not apply to any additional charges incurred (such as deviations to the original journey).
2.1.11 Subject to clause 2.1.12, Priority Accounts shall pay a reduced priority fee of 10% in relation to Priority Account Bookings paid by Card Payment or by BACS and shall pay a reduced priority fee of 5% in relation to Priority Account Bookings paid by direct debit.
2.1.12 The priority fee payable by Priority Account Customers pursuant to clause 2.1.11 may be varied at Five Starâ€™s sole discretion but shall not be more than the Priority Fee. Any amendment to the then current priority fee payable by Priority Account Customers shall be notified to the Customer at least 30 days before the date of the proposed amendment.
2.1.13 Priority Account Customers shall be entitled to receive a discount of Â£2.00 per booking on the Charges payable for Passenger Services booked via Five Starâ€™s website or via the App.
2.1.14 The discounts applicable to Priority Accounts as detailed in clauses 2.1.11 to 2.1.12 (inclusive) shall only apply to the cost of the original journey and shall not apply to any additional charges incurred (such as deviations to the original journey).
2.1.15 We shall invoice the Customer each month in respect of Services performed in relation to Account Bookings during the previous month or at such other intervals as may be agreed by the parties in writing. Each invoice will be accompanied by a statement detailing the Services invoiced and any discounts applied.
2.1.16 In the event of non-payment of any Charges by the Due Date, we shall be entitled to charge and the Customer shall pay interest at a rate of 8% per annum on any amount outstanding until payment is made, both before and after any judgement.
2.1.17 We may, at any time, set a limit on the total credit given to any Customer at any one time and we shall not be obliged to perform Account Bookings once that limit has been reached. Any such limit shall be notified to the Customer in writing by us.
2.1.18 Any dispute in respect of the Charges shall be submitted, in writing, within 14 days of receipt by the Customer of the relevant invoice.
2.1.19 When an Account is terminated, by any means whatsoever, the Customer shall pay to us all outstanding Charges which are owed to us as at the date of termination.
2.1.20 In respect of an Account Booking, Customer contracts with Five Star for Services.
2.1.21 If a Customer opts in to use the manager portal the Customer accepts full liability for all changes and/or restrictions placed on its Account and the Customer irrevocably acknowledges and agrees that all changes and restrictions placed on its Account are made at its sole discretion and at its own risk. Five Star shall be entitled to assume that all changes and/or restrictions made to an Account by a Customer have been authorised by the Customer and Five Star accepts no liability whatsoever for any costs, losses, damages or liabilities suffered by a Customer as a result of a change or restriction placed on an Account via the manager portal. The Customer shall indemnify Five Star against all liabilities, costs, damages, claims and losses suffered or incurred by Five Star arising out of or in connection with any changes and/or restrictions placed on an account using the manager portal.
2.2Â Non-Account Bookings
2.2.1 In the case of Non-Account Bookings, we act as the disclosed agent of the Driver for the purpose of arranging and agreeing Non-Account Bookings between the Driver and the relevant Customer. This means that the Driver enters into a Contract as principal with the relevant Customer on, and subject to, these Terms.
2.2.2 In consideration of the provision of Services in relation to Non-Account Bookings, the Customer must pay for the Services either directly to the Driver by way of cash or cheque, or by way of Card Payment, which will be processed by a third party payment processor on the Driverâ€™s behalf. Where applicable, VAT (where chargeable depending on the individual VAT status of the Driver) may be added to such Charges.
2.2.3 In respect of Card Payments, we will issue the Customer with an email confirmation/receipt for the booked journey amount quoted by us prior to the start of the journey.Â If any additional charges fall due by the Customer in accordance with these Terms, We will send to the Customer a final receipt within 1-2 days of the relevant journey, detailing all such additional charges.Â Such final receipt shall replace the earlier confirmation.Â In the event that there are no such additional charges, the original confirmation shall serve as the Customerâ€™s receipt.
2.3Â Network Bookings
2.3.1 In the case of Network Bookings, Five Star acts as the disclosed agent of the Fulfilment Partner for the purpose of arranging and agreeing Network Bookings between the Fulfilment Partner and the relevant Customer. This means that the Fulfilment Partner enters into a Contract as principal with the relevant Customer on, and subject to, these Terms.
2.3.2 Network Bookings relate to the provision of Passenger Services only. In consideration of the provision of Passenger Services in relation to Network Bookings: (i) that are not made through an Account, the Customer must pay for the Passenger Services by way of Card Payment; or (ii) that are made through an Account, payment will be made to Five Star in the same manner and at the same time as set out in clauses 2.1.4 and 2.1.5. Clauses 2.1.1 to 2.1.21 apply equally to Network Bookings that are made through an Account. App Bookings for journeys in Paris may be made by UK account holders only. Where applicable, VAT (where chargeable depending on the individual VAT status of the Fulfilment Partner) may be added to such Charges.
2.3.3 Five Star will inform you when a Booking for Passenger Services will be fulfilled by a Fulfilment Partner (and is therefore a Network Booking) by describing it as an â€˜international bookingâ€™ or â€˜national bookingâ€™ accordingly, in the email Booking confirmation in the relevant Booking acceptance.
2.3.4 Notwithstanding Clause 3.1.1 below, certain Network Bookings will be via metered taxi. As such, the price quoted to the Customer at the time of Booking is an estimate only.
3.1Â Passenger Services â€“ Fees and Charges
3.1.1 The price quoted to the Customer at the time of making the Booking shall be calculated on the journey specified by the Customer at the time of Booking (the â€œQuoted Journeyâ€). The price quoted by us shall be based upon our chosen route between the Collection Address and the Destination Address (via any other pick-up points or drop-off points stated by the Customer at the time of making the Booking). Where specific charge rates have been agreed by Five Star for Account Bookings, the price quoted for Account Bookings will be in accordance with such rates. These will not normally be communicated to persons making an Account Booking unless the Customer requires it.
3.1.2 You may elect to make an â€œAs-Directed Bookingâ€ provided your journey: (i) is within the London Postal Area; (ii) is restricted to a driving distance of less than 10 miles in any 1 hour period of hire; and (iii) has a minimum of 3 stops in the period of hire, where the Customer or any Passenger directs the Driver for the period of hire (â€œAs Directed Bookingâ€). If the Booking does not meet each of the criteria listed at 3.1.2(i), 3.1.2(ii) and 3.1.2(iii) above, the Quoted Journey pricing structure described in Clause 3.1.1 shall apply. The As Directed Booking price is calculated in accordance with the Price List. As Directed Booking cannot be paid for in cash.
3.1.3 No charges shall apply to a Passenger Vehicle Booking which You cancel within 5 mins of a Passenger Vehicle being allocated to Your Booking, SAVE THAT in the case of each of an Account Booking and Non-Account Booking for Passenger Vehicle Services you may cancel at any time without charge if (i) for an â€œas soon as possibleâ€ Passenger Vehicle Booking the driver would have taken more than 5 minutes longer to arrive at the Collection Address than originally quoted; or (ii) in the case of a pre-ordered Booking the Driver would have arrived at the Collection Address more than 5 minutes later than the pre-booked arrival time. Save as expressly set out above in this clause 3.1.3, the following Five Star Cancellation Charges shall apply to all Account Bookings and Non-Account Bookings:
|Zone 1||Zone 2 and Airport Bookings|
|Eco, Classic, Classic Plus, MPV||Â£10||Â£15|
|ExecÂ and Exec on Request||Â£15||Â£20|
|Eco, Classic, Classic Plus, MPV||Â£15||Â£20|
|ExecÂ and Exec on Request||Â£20||Â£25|
Network Bookings, International Bookings and Courier Services shall be subject to cancellation fees from time to time set out in the Price List or otherwise communicated to You.
3.1.4 In relation to the collection of any Passenger(s) for an Airport Booking, we will allow 30 and 15 minutes waiting time starting from the last known estimated arrival time of an inbound international flight and a domestic flight respectively. We reserve the right to charge the Customer a Waiting Time Charge which shall, for the avoidance of doubt, include the first 15 or 30 minutes (as the case may be) waiting time. For the purposes of this clause the â€œlast known estimated arrival timeâ€ will either be: (i) if the Customer provides a flight number at the time of making the Airport Booking, we will monitor the relevant flight and alter the collection time accordingly; or (ii) if the Customer does not provide a flight number, the time which has been specified by the Customer for the Airport Booking. For all Airport Bookings other than on-demand Airport Bookings, the Customer may specify a collection time at any time after the flight arrival time, after which specified time the 15 or 30 minutes (as the case may be) waiting time shall commence. After expiry of the 15 or 30 minutes (as the case may be) waiting time, we reserve the right to charge the Customer an applicable Waiting Time Charge.
3.1.5Â Subject to Clauses 3.1.4 above and 6.8 below, the first five (5) minutes of waiting time after arrival at the Collection Address: (i) at the arrival time for an on-demand Booking; or (ii) at the specified time for a pre-booked Booking shall be free of charge. From the sixth (6th) minute of waiting time the Waiting Time Charge shall be due and payable by the Customer. For the avoidance of doubt, in respect of all Passenger Vehicle Bookings, unless expressly specified in these terms to the contrary, the Customer shall not be entitled to free of charge loading/unloading time beyond the waiting time set out in this Clause 3.1.4.
3.1.6 Notwithstanding Clause 3.1.4, an entry and parking charge will be payable by the Customer as follows:
|Pick â€“ Up||Rate||ParkingÂ Time|
|Heathrow Term 1,2,3 & 5||Â£4.80||0-30 min|
|Pick â€“ Up||Rate||ParkingÂ Time|
|Heathrow Term 4Â (Different Peak Times)||Â£5.10||0-30 min|
|Â£5.60||0-30 min (18:30-20:30)|
|Â£8.70||31-60 min (18:30-20:30)|
|Â£13.00||61-120 min (18:30-20:30)|
|Pick â€“ Up||Rate||ParkingÂ Time|
|Gatwick North & South Terminals||Â£4.80||0-30 min|
|Pick â€“ Up||Rate||ParkingÂ Time|
|City Airport||Â£7.50||0-30 min|
|Pick â€“ Up||Rate||ParkingÂ Time|
|Â£27.00||121- 240 min|
|Â£55.00||241 + min|
|Pick â€“ Up||Rate||ParkingÂ Time|
|Pick â€“ Up||Rate||ParkingÂ Time|
|Westfield Car Parks||Â£2.90||0- 60 min|
|Â£7||121 â€“ 360 min|
|Pick â€“ Up||Rate||ParkingÂ Time|
|St Pancras Eurostar||Â£6.10||0 â€“ 20 Mins|
|Â£6.60||21 â€“ 40 Mins|
|Â£7.10||41 â€“ 60 Mins|
3.1.7 The Customer shall pay the following drop off charges for Bookings where a drop off is made at a vegetable market, London Stansted airport and/or London Luton airport:
|Drop Off||Rate||Parking Time|
|Stansted||Â£3.50||fixed drop off fee|
|Luton||Â£3.00||fixed drop off fee|
3.1.8 In the event that the Customer or any Passenger (other than an unaccompanied Minor) requires us at the beginning of or during the course of the Quoted Journey to make any additional or alternative pick-up(s) or collection(s) of Passenger(s) or to drop off Passengers at any locations other than as specified in the Quoted Journey or to take any variation from the Quoted Journey or follow a route other than our chosen route, additional Charges may be applied by us. Any Passenger (other than an unaccompanied Minor) 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.
3.1.9 In the event that the Customer requires more than four (4) passengers to travel in a Passenger Vehicle additional charges may be levied by us for the provision of a larger Passenger Vehicle or the carriage of additional Passengers in excess of four (4).
3.1.10 We reserve the right to charge the Customer a surcharge for all journeys made during the Christmas Period, such surcharge will be communicated to the person making the relevant Booking.
3.1.11 Customers must inform us at the time of making a Booking if the Customer or any Passenger wishes to for us to transport a bicycle in any Passenger Vehicle, and our rates for transporting a bicycle shall be applicable to the Booking. The Customer acknowledges that only some of our Vehicles have been allocated, and/or equipped, to carry bicycles. We reserve the right to cancel a Booking on arrival at the Collection Address if we have not been informed of the Customerâ€™s requirement to carry a bicycle in the Passenger Vehicle.
3.1.12 In the event that the Customer did not inform us at the time of making a Booking that the Customer or any Passenger wishes for us to transport a bicycle, the driver may in his absolute discretion decide to: (a) cancel the Booking, in accordance with clause 3.1.11 above; or (b) transport the Passenger with the bicycle (provided that the Vehicle is capable of, and is equipped to, transport the bicycle); or (c) refuse to transport the bicycle and offer to transport the Passenger only; or (d) refuse to transport the bicycle and offer to make arrangements for another one of our Vehicles to transport the Passenger and the bicycle.
3.1.13 In the circumstances set out: (a) in clause 3.1.12(a) above, an Five Star Cancellation Fee shall be payable by the Customer; (b) in clause 3.1.12(b) above, additional charges shall be payable by the Customer for the carriage of the bicycle; (c) in clause 3.1.12(c) above, if the Passenger declines to use the Vehicle without the bicycle, an Five Star Cancellation Fee shall be payable by the Customer; and (d) in clause 3.1.12(d) above, the Customer shall be deemed to have (i) cancelled the original Booking and an Five Star Cancellation Fee shall be payable; and (ii) made a new Booking for the carriage of the Passenger and the bicycle.
3.2Â Passenger Services â€“ General
3.2.1 We shall use reasonable endeavours to provide a Passenger Vehicle which is in good working order and of the type specified by the Customer (and in the event that such a Vehicle is not available, a reasonable alternative vehicle) within any time for so doing given by us or within a reasonable time.
3.2.2 Customers must inform us at the time of making a booking if the Customer or any Passenger wishes to carry any domestic animals in any Passenger Vehicle. All domestic animals must be carried in a suitable locked box or cage, if appropriate and/or be suitably restrained. We reserve the right to cancel a Booking on arrival at the Collection Address if we have not been informed of the Customerâ€™s requirement to carry an animal in the Passenger Vehicle, and to charge the Customer the relevant cancellation fee under these Terms. Guide dogs are exempt from this requirement and are permitted to be carried in any Passenger Vehicle.
3.2.3 Passengers are not permitted to smoke in any Passenger Vehicle (including using Electronic cigarettes).
3.2.4 Passengers shall not play any musical instrument or broadcast recorded music in any Passenger Vehicle except with our written permission.
3.2.5 Passengers shall not consume alcohol in any Passenger Vehicle and we and the Driver reserve the right to decline carriage to any Passenger and/or require a Passenger to alight from a Passenger Vehicle who, in our opinion, is intoxicated.
3.2.6 The transportation of luggage in a Passenger Vehicle shall be permitted at our absolute discretion. Passengers shall remain responsible at all times for their luggage and/or bicycle and shall load and unload their own luggage and/or bicycle. Subject to clause 3.2.7, we may assist the Customer with the loading and unloading of his/her luggage and/or bicycle from the Passenger Vehicle, at our sole discretion.
3.2.7 We do not accept any responsibility for the loss of or damage to any luggage which is transported in a Passenger Vehicle. We accept loss or damage of a bicycle only in the event of an accident caused by the fault of the driver. We accept no liability for any loss or damage caused to a bicycle under any other circumstance. The Customer acknowledges and accepts that any luggage and/or bicycle stored in the Passenger Vehicle may move around during the journey and accordingly the Customer (and any Passengers) should take extra care when opening the luggage compartment of the Passenger Vehicle.
3.2.8 Passengers are required to comply with current customs laws and regulations and we shall not be responsible for any delays caused by any failure to comply with the same.
3.2.9 All Passengers are required to use seatbelts at all times.
3.2.10 We will not allow unaccompanied Minors of less than 11 years of age to travel alone in a Passenger Vehicle. In exceptional circumstances and subject to the parent/guardianâ€™s consent we may allow Minors over the age of 11 to travel unaccompanied. When making a Booking for any unaccompanied Minor the Customer must inform us that an unaccompanied Minor will be travelling. We do not accept any additional responsibility for any Minor who travels unaccompanied in a Passenger Vehicle.
3.2.11 We reserve the right to refuse to transport or cease to transport any Passenger who behaves in a disorderly, inappropriate (including excessive physical contact or display), threatening or abusive manner or who, in our absolute discretion, we consider a nuisance or a danger to our employees, agents, subcontractors or to fellow Passengers and may require such a Passenger to alight from a Passenger Vehicle and the Customer may be charged an Five Star Cancellation Fee. We are committed to providing Services in accordance with the Equality Act 2010. We may assist any Passenger who is not capable of boarding and alighting a Passenger Vehicle unaided, at our sole discretion but at the Passengerâ€™s risk.
3.2.12 We may charge reasonable repair or cleaning charges plus Â£90 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.
3.2.13 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 we, in its absolute discretion, see fit.
3.2.14 The maximum number of bicycles that may be transported in any one Passenger Vehicle shall be one (1).
3.3Â In-App Snooze Button
3.3.1 Passengers may use the in-app Snooze function to change the time of a pre-booked car pick-up app booking by delaying that pick up by 15, 30, 45 or 60 minutes, accordingly.
3.3.2 25-30 minutes prior to the originally specified pick-up time, passengers will receive a snooze push notification in the app. To use snooze function, passenger must ensure that push notifications are enable in phone and/or app settings.
3.3.3 Snooze function is only available for pre-booked journeys. Snooze function is not available once a driver and vehicle have been allocated for the pre-booked pick-up. Snooze is not available for airport pickups or cancelled journeys.
4.1 We shall use reasonable endeavours to deliver all Goods consigned for delivery to the delivery address given by the Customer within any time for so doing given by us or within a reasonable period of time and any receipt obtained by us in respect of delivery of Goods shall be conclusive as to time and place of delivery.
4.2 The Customer warrants to us that all Goods consigned for delivery are adequately packed and labelled with the details of the identity and the address of the party to whom they are to be delivered as well as the return address of the Customer.
4.3 The Customer warrants that, and a Driver may decline to accept or proceed with a Booking where he believes that, unless this is communicated at the time of the Booking, Goods weigh no more than 20Kg, and are not of a shape or dimensions that is likely to make lifting or loading difficult. A Customer should not assist a Driver to lift or load the Goods and We are not, and the Customer is, liable for any injury or damage caused to themselves, the Goods or any other property or person by reason of the Customer assisting a Driver even where the Driver invites or agrees to the Customerâ€™s assistance.
4.4 The Customer shall not consign for delivery and we shall not be required to undertake delivery of the following: (i) any Goods which are radioactive, toxic, inflammable, explosive, noxious or otherwise of an inherently dangerous nature; (ii) any Goods that have an intrinsic value of over Â£1,000 unless that value has been notified to us, in writing at the time of booking the Services and we have agreed to undertake delivery thereof in writing; (iii) any Goods, the possession of which is illegal or which it is illegal to export under English Law or the law of any country to or through which delivery is to be made; (iv) any Goods of a perishable nature that may deteriorate in transit; (v) any Goods that are fragile and/or that are likely to be damaged in transit unless the precise nature of the Goods has been notified to us in writing at the time of making the Booking and we have agreed to undertake delivery thereof in writing; or (vi) any bullion, precious metals, cash (coins or banknotes) precious stones, jewellery, antiques, works of art, livestock, animals or foodstuffs unless the precise nature of the Goods been notified to us, in writing at the time of making the Booking and we have agreed to undertake delivery thereof in writing.
4.5 Where the Customer consigns such Goods for delivery as are prohibited by clause 4.4: (i) we shall be entitled to return, destroy or otherwise dispose of such Goods as we shall, in our absolute discretion, see fit and we shall have no liability to the Customer whatsoever in respect of such Goods howsoever arising, and (ii) the Customer shall indemnify us in respect of all resulting costs, expenses and losses incurred by us.
4.6 We shall have absolute discretion in respect of any Goods consigned for delivery as to the means of delivery, route and method of delivery, handling, storage and transportation thereof unless agreed otherwise in writing. Delivery shall be complete when the Goods are delivered across the threshold on the ground floor of the Destination Address. Any Quoted Price shall not include negotiating stairs at either the Collection Address or the Destination Address.
4.7 We do not insure any Goods consigned for delivery. It is therefore the responsibility of the Customer to ensure that all Goods are appropriately insured. We accept no liability for any loss or damage to any Goods, subject always to clause 5.
4.8 Each delivery of Goods shall be accompanied by a delivery note which shows the date of the delivery and any other relevant information. Upon delivery of the Goods, the Customer, having had a reasonable opportunity to inspect the Goods, shall sign the delivery note as confirmation that the Goods have been delivered and that no damage has been caused to the Goods in transit. Where the Customer believes that the Goods have been damaged, the Customer should inform us without delay.
4.9 We shall not be responsible to pay any duty, tax or levy due or payable in delivering the Goods save where we have explicitly agreed this in writing at the time of accepting the Booking. Where we have paid any duty, tax or levy arising in delivering the Goods the Customer agrees to reimburse us these payments in addition to the Charges quoted for the Services.
4.10 An additional Charge may be levied for Bookings: (i) performed after 7:00pm; (ii) performed other than on Business Days; and/or (ii) where Goods have a dimension exceeding 3ft h x 4ft w x 5ft l.
Please note that clause 5 applies to all Passenger Services and all Courier Services, whether performed in relation to Account Bookings,Â Non-Account BookingsÂ or Network Bookings.
5.1 These Terms shall be incorporated in and form part of all Contracts for the provision of the Services. Bookings can be made through our website, by telephone or by using our mobile app. The media by which you are able to make a Booking constitute an invitation to treat and your Booking constitutes an offer to Contract for Services (to Five Star, the relevant Driver or the Fulfilment Partner, as applicable) which Five Star, the relevant Driver or the Fulfilment Partner (as applicable) can accept (thereby creating a legally binding Contract incorporating these Terms): (i) in relation to Account Bookings and Network Bookings, by issuing to you a Booking acceptance (in such form as we may determine from time to time); and (ii) in relation to Non-Account Bookings, by the Driver accepting allocation of the Non-Account Booking and proceeding towards the Collection Address.
5.3 Each party acknowledges that it is not relying on any statements, warranties or representations given or made by the other whether actual or implied by common law or under statute in relation to the subject matter of any Contract and that it shall have no rights or remedies with respect to such subject matter otherwise than under the relevant Contract.
5.4 We shall be entitled to vary the Price List from time to time.
5.5 We shall be entitled to exercise a lien over any Goods or property belonging to any Passenger until we receive full payment of any Charges due to us.
5.6 We may, in our absolute discretion, decline to accept any Booking.
5.7 Any dates, periods or times specified by us in connection with the performance of the Services are estimates only and time shall not be of the essence for the performance by us of our obligations under the Contract. We make no warranty that any Passenger or Goods or property shall be delivered within the Customerâ€™s stipulated time period (if any) and/or within any time period stated by us unless express reference is made to this clause 5.7 and agreed in writing by a director of Five Star.
5.8 Passenger(s) and any luggage and bicycle and any personal items and all Goods shall be ready for collection at the time stipulated by the Customer when the Booking is made. Where the Collection Address is in a Restricted Street we will allow 2 minutes for loading. In respect of Restricted Street collections only, and in the event that all booked Passenger(s), and their luggage, have not boarded the Passenger Vehicle and all Goods have not been loaded on to the Courier Vehicle as the case may be within 2 minutes of the later of: (i) the arrival of the Passenger Vehicle or Courier Services vehicle at the Collection Address; and (ii) the booked time for collection, we reserve the right to charge the Customer a Waiting Time Charge which will, for the avoidance of doubt, not include the first 2 minutes). Furthermore where the Collection Address is in a Restricted Street the Driver shall be entitled to leave the Collection Address and we shall endeavour to arrange with the Customer a revised collection time or location. If revised collection details cannot be agreed with the Customer we may treat the Booking as having been cancelled and charge an Five Star Cancellation Fee. In respect of Courier Services only where neither the Collection Address nor Destination Address is a Restricted Street, we will allow 5 minutes for loading at the Collection Address and 5 minutes for unloading at the Destination Address, making an aggregate of 10 minutes, based on: (i) the later of the arrival of the Courier Services vehicle at the Collection Address; or the booked time for collection; and (ii) the arrival time at the Destination Address.
Where all Goods are not loaded at the Collection Address and unloaded at the Destination Address within Â the aggregate of 10 minutes as set out in this clause 6.8 above, we reserve the right to charge the Customer a Waiting Time Charge, which will, for the avoidance of doubt, commence after the expiry of the Â abovementioned aggregate of 10 minutes.
5.9 No delay or omission by either party in exercising in whole or in part any right, power or remedy provided by law or under the Contract shall affect that right, power or remedy; or operate as a waiver of it.
5.10 The Customer agrees to indemnify and keep us fully indemnified from and against any direct and indirect losses, claims, expenses, damages or liability whatsoever incurred or suffered by us as a result of the negligence, acts or omissions or default under the Contract by the Customer, or its employees, agents or subcontractors or any Passengers.
5.11 The Customer shall be liable for any damage caused by Passengers to any Passenger Vehicle.
5.12 Subject to the following provisions of this clause 5, except in respect of death or personal injury caused by our negligence, or that of our servants or agents, our liability to the Customer for loss and/or damage caused by the negligence of us and/or our servants or agents, or otherwise which arises out of or in connection with the provision of the Services or their use by the Customer shall be limited as follows:
5.12.1 in relation to the Services, our liability shall not exceed Â£150;
5.12.2 in the case of lost or damaged Goods (including where relevant luggage of Customers travelling in Passenger Vehicles), our liability shall not exceed Â£150 unless the Customer has notified us that the Goods have a value in excess of Â£150 and we have agreed in writing to be responsible for the repair or replacement of the Goods up to a greater value and the Customer shall indemnify us against any Passenger claiming sums in excess of such limits.
5.13 To the extent permitted by law, we shall not be liable in any way whatsoever for the acts or omissions of any sub-contractors to whom we sub-contract the Services. We shall use our reasonable endeavours to ensure that we only sub-contract the Services to such third parties that have at least the minimum insurance cover required in the third partyâ€™s country of operation. If we are aware that a third party does not have a level of insurance coverage which we would expect, we reserve the right to request that the Customer signs a standard form disclaimer and acknowledgement in respect of the same.
5.14 We shall not be liable to the Customer for any loss or damage to property arising in the course of delivering, loading or unloading of Goods or Passengerâ€™s luggage or bicycle or personal effects.
5.15 We shall not be liable to the Customer for any loss of anticipated savings, business revenues, loss of agreements, loss of opportunity or loss of business or profits whether categorised as direct or indirect or any indirect, special or consequential loss (including losses arising from business interruption, wasted management time, loss of goodwill, data and all other such loss whether or not arising in the normal course of business).
5.16 We shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing any of our obligations under the Contract.
5.17 We shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any failure to perform any of our obligations under the Contract if the delay or failure was due to any circumstances or cause beyond our reasonable control.
5.18 In relation to Network Bookings, we shall to the extent permitted by law, not be liable in any way whatsoever in respect of any claim regarding the provision of the fulfilment or for any act or omission of any Fulfilment Partner.
5.19 We shall, in no event, have any liability in respect of any claim, howsoever arising, that is not notified to us by the Customer, in writing, with sufficient particularity, to identify the nature and the quantum of the claim within fourteen (14) days of the occurrence of the circumstances giving rise to the claim.
5.20 The Customer acknowledges that the limitations on our liability as set out in this clause 5 are fair and reasonable in the circumstances and have been taken into account and reflected in the level of the Charges.
5.22 Any complaints relating to the Services shall be addressed to us and made in writing within 14 days of the event giving rise to the complaint.
5.23 Termination of a Contract shall be without prejudice to any rights and/or obligations of us and/or the Customer accruing prior to the date of such termination.
5.24 Any notice required or permitted to be given by either party to the other under these Terms, shall be in writing and may be given personally or sent by email or by prepaid registered post to the other party (and in the case of Drivers or Fulfilment Partners, to the offices of Five Star) at its registered office or principal place or business or such other address as may at the relevant time have been notified as that partyâ€™s address for service. Any notice served by email shall be deemed delivered immediately and by registered post shall be deemed served forty eight (48) hours after posting to an address in the United Kingdom or five (5) Business Days after posting to an address outside the United Kingdom. In proving the service of any notice it will be sufficient to prove, in the case of a registered post letter to provide proof of delivery.
5.25 A person who is not a party to any Contract shall not have any rights under or in connection with it.
5.26 We reserve the right to subcontract or delegate in any manner any or all of our obligations under any Contract to any third party or agent.
5.27 If any provision of these Terms, which is not of a fundamental nature, is held by any court or other competent authority to be invalid or unenforceable in whole or in part, such part, term or provision shall be deemed deleted from these Terms and the remainder shall not be affected. Should the foregoing apply the parties shall use all reasonable endeavours to agree upon any lawful and reasonable changes to these Terms which may be necessary in order, as close as possible, to give effect to the commercial intent of these Terms.
5.28 We reserve the right to amend these Terms. Notice of amendments to these Terms shall be posted on Five Starâ€™s website.
5.29 These Terms shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the Courts of England.
5.30 Each party shall: (a) at all times during the term of this Agreement, comply with the Data Protection Legislation; (b) 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 under this Agreement; and (c) notify each other of an individual within its organisation authorised to respond from time to time to enquiries regarding personal data.
5.31 Subject to clause 5.37, Five Star: (a) acknowledges that, in respect of Processed Data, as between the parties, it acts as a processor; and (b) shall ensure that all Five Star personnel who have access to and/or process Processed Data are obliged to keep the personal data confidential.
5.32Â Â Â Â Â Â Â Â From the date the GDPR enters into legal force and effect in the United Kingdom, and subject to clause 5.37, Five Star:
(a)Â Â Â Â Â Â Â Â Â Â Â Â shall only process Processed Data in accordance with this Agreement and the Customerâ€™s instructions as set out in this Agreement and as issued from time to time (â€œProcessing Instructionsâ€œ) (which the Customer shall ensure are compliant with the Data Protection Legislation).For the avoidance of doubt, these Terms constitute the Customerâ€™s instructions to Five Star, and Five Star is further instructed to:
(i)Â Â Â Â Â Â Â Â Â Â Â Â Â process personal data to communicate directly with data subjects for the purpose of providing and promoting the Services;
(ii)Â Â Â Â Â Â Â Â Â Â Â Â process personal data to communicate directly to data subjects for the purpose of promoting consumer services, and the Customer warrants that it has attained appropriate consents for this communication;
(iii)Â Â Â Â Â Â Â Â Â Â Â process personal data to communicate directly with data subjects for the purpose of requesting that data subjects participate in surveys to improve customer experience;
(b)Â Â Â Â Â Â Â Â Â Â Â Â if Applicable Law requires it to process Processed Data other than in accordance with the Processing Instructions, shall notify the Customer of any such requirement before processing the Processed Data (unless Applicable Law prohibits such information on important grounds of public interest);
(c)Â Â Â Â Â Â Â Â Â Â Â Â shall inform the Customer if Five Star becomes aware of a Processing Instruction that, in Five Starâ€™s opinion infringes Data Protection Legislation, provided that, this provision is without prejudice to clauses 5.30 in respect of the Customer, and clause 5.39;
(d)Â Â Â Â Â Â Â Â Â Â Â Â shall provide reasonable cooperation and assistance to the Customer in ensuring compliance with:
(i)Â Â Â Â Â Â Â Â Â Â Â Â Â the Customerâ€™s obligations to respond to any complaint or request from any applicable data protection authority or data subjects seeking to exercise their rights under any Data Protection Legislation as they relate to this Agreement;
(ii)Â Â Â Â Â Â Â Â Â Â Â Â the Customerâ€™s obligations set out under Articles 32 â€“ 36 of the GDPR to:
(A)Â Â Â Â Â Â Â Â Â Â Â ensure the security of the processing;
(B)Â Â Â Â Â Â Â Â Â Â Â Â notify the relevant Supervisory Authority and any data subjects, where relevant, of any Personal Data Breach;
(C)Â Â Â Â Â Â Â Â Â Â Â Â carry out any data protection impact assessments (â€œDPIAâ€œ) on the impact of the processing on the protection of Processed Data; and
(D)Â Â Â Â Â Â Â Â Â Â Â consult the relevant Supervisory Authority prior to any processing where a DPIA indicates that the processing would result in a high risk in the absence of measures taken by the Customer to mitigate the risk;
(e)Â Â Â Â Â Â Â Â Â Â Â Â notify the Customer without undue delay on becoming aware of a Personal Data Breach in respect of Processed Data processed under this Agreement;
(f)Â Â Â Â Â Â Â Â Â Â Â Â Â shall make available to the Customer all information reasonably required by the Customer to demonstrate Five Starâ€™s compliance with its obligations set out in this clause and allow and co-operate with any data protection audits and inspections conducted by the Customer or another auditor mandated by the Customer, provided that reasonable prior notice is provided, and no more than one such audit or inspection is conducted during any 12-month period unless mandated by a Supervisory Authority;
(g)Â Â Â Â Â Â Â Â Â Â Â Â taking into account the nature of and risks associated with the type of personal data collected or used in connection with the Services, shall have in place appropriate technical and organizational measures to ensure a level of security appropriate to the risks that are presented by the processing of personal data by or on behalf of Five Star including where appropriate data protection by default and/or by design measures, and all other such measures as may be agreed between the parties; and
(h)Â Â Â Â Â Â Â Â Â Â Â Â at the written direction of the Customer, delete or return Processed Data and copies thereof to the Customer on termination of this agreement unless required by Applicable Law and/or permitted under applicable Data Protection Legislation to store the Processed Data.
5.34 The provision of the Services may require the transfer of personal data to countries outside the EEA from time to time. Subject to clause 5.35, Five Star and its sub-processors shall not, without the prior written consent of the Customer, transfer any Processed Data to a country or territory outside the EEA unless adequate contractual or other assurances have first been put in place such as will enable each party to comply with the requirements of the Data Protection Legislation.
5.35 Customer hereby grants to Five Star general authorisation for sub-processing (including, without limitation, Group Members), provided that, from the date the GDPR enters into legal force and effect in the United Kingdom: (a) Five Star and the sub-processor enter into a contract on terms substantially as protective as this clause; (b) Five Star shall keep Customer informed of all sub-processors engaged in the provision of the Services by way of the following link: [LINK]; (c) Five Star shall notify Customer of any intended changes concerning the addition or replacement of sub-processors, giving Customer the opportunity to object to such changes on reasonable grounds of non-compliance or material risk of non-compliance by the Customer with Data Protection Legislation, provided that the Customer shall notify Five Star of its objections in writing within 7 calendar days of Five Starâ€™s notification; and (d) Five Star shall remain fully liable to the Customer for the performance of the sub-processorâ€™s obligations.
5.36 The parties acknowledge that the types of personal data processed pursuant to this Agreement (i.e. Processed Data) (including the subject matter, duration, nature and purpose of the processing and the categories of data subject) are as described in Annex 1.
5.37 If and to the extent, Five Star is a data controller in relation to personal data collected under this Agreement, Five Star shall comply with the applicable provisions of the Data Protection Legislation.
5.38 The Customer may provide Five Star with staff personal data for the purpose of on-boarding such staff to allow them access to the Service. The Customer warrants that it shall have the appropriate lawful basis for obtaining and providing such staff personal data to Five Star.
5.39 The Customer warrants, that in relation to all Processed Data, the Customer will have all necessary consents of the relevant data subject for their personal data to be shared with Five Star and, if relevant, any of the Fulfilment Partners.
For the purposes of clauses 5.30-5.39 (inclusive), the parties set out below a description of the Processed Data being processed under this agreement and further detail required pursuant to the GDPR.
- Types of personal data
Personal details (title, first name, last name), position, contact information including email address and mobile phone number, location data, employer, passport, driverâ€™s licence, goods and services provided, financial information (bank or credit/debit card details), internet protocol address.
- Duration of processing
Until the latest of (a) termination of this Agreement in accordance with its terms; or (b) the date upon which processing is no longer necessary for the purposes of either party performing its respective obligations under this Agreement (to the extent applicable) or (c) processing for the purpose of compliance with Applicable Law and/or regulatory requirements.
- Nature of processing
Collection, storage, duplication, electronic viewing, deletion and destruction.
- Purpose of processing
The provision of ground transportation servicesand to communicate directly with data subjects for the purpose of providing and promoting the Services, to process personal data to communicate directly to data subjects for the purpose of promoting consumer services, and to process personal data to communicate directly with data subjects for the purpose of requesting that data subjects participate in surveys to improve customer experience.
- Categories of data subject
Customers, officers, employees and temporary staff of Customer and its Group Members and partners, complainants, correspondents, enquirers, suppliers, advisers, consultants and professional experts.