Terms and Privacy

Terms and Conditions

TERMS AND CONDITIONS FOR PASSENGER SERVICES

Priority Chauffeurs Ltd. trading as Priority Chauffeurs (hereinafter referred to as “the Carrier”) accepts passengers, luggage and personal items for carriage only upon the Conditions set out below. No servant or agent of the Carrier is permitted to alter or vary these Conditions in any way unless expressly authorised in writing to do so by a Director, Principal, Partner or other authorised person. If any legislation is compulsorily applicable to the Contract and any part of these Conditions is incompatible with such legislation, such part shall, as regards the Contract, be overridden to that extent and no further.

Section 1: Definitions “Customer” means the person or company who contracts with the Carrier for the services of the Carrier

“Cancellation Fee” means a fee charged by the Carrier for the cancellation of the Service by the Customer prior to the booked collection time

“Cancellation on Arrival Fee” means a fee charged where a Consignment or Passenger is not ready for collection (for whatever reason) by the end of the waiting time allowed by the Carrier

“Conditions” means the conditions of carriage set out in this document including any alteration, variation or amendment subsequently advised to the Customer by the Carrier

“Contract” means the contract of carriage between the Customer and Carrier on these Conditions, and applies to all bookings between the Customer and the Carrier

“Price List” means the list maintained by the Carrier of its charges for the Service and any ancillary charges quoted to the Customer or as published on the Carrier’s website prior to or at the time of the booking

“Luggage & Personal Items” means suitcases, trunks, bags or other similar items used by a Passenger to hold their personal possessions during the Service and including all other items (such as handbags, mobile phones, personal electronic devices, sunglasses, cameras and keys) brought by a Passenger into the Vehicle but not otherwise contained within a suitcase, trunk or bag

“Passenger” means a person (including the Customer where applicable) who the Carrier agrees to transport from one place to another

“Service” means the carriage of passengers requested by the Customer

“User” means any Passenger of Customer who uses the Carrier’s in car WiFi Service

“WiFi Service” means the equipment, connection, and service provided to Users in the Carrier’s vehicles by way of access to an installed WiFi network that is connected to the internet

“WiFi Provider” means who provides the WiFi Service to the Carrier in terms of equipment and access to Wireless LAN and Internet networks.

“Privacy Policy” means the Carrier’s Privacy Policy. You should refer to this on our website.

Section 2: Contractual Relationship The Carrier, who is the Licensed Operator, shall enter into a contractual obligation as principal with the Customer making the private hire booking to provide the journey which is the subject of the booking and any such contractual obligation is consistent with the Private Hire Vehicles (London) Act 1998.

Carriage of Passengers and Luggage Customer contracts as agent on behalf of any and all Passengers. The Customer contracts for itself and as agent on behalf of any and all Passengers.

Right of Driver to refuse carriage The driver is responsible for the safety of the Vehicle and its occupants. Any Passenger whose conduct the driver reasonably believes to be drunken and disorderly, threatening, abusive, dangerous or in breach of any statutory regulation may be removed from a Vehicle or prevented from boarding.

The Customer will be responsible for the conduct of any Passenger and shall indemnify the Carrier for any damage or injury caused to the Vehicle driver or any third party’s property by the Customer or any Passenger.

Loss of Passengers’ Luggage The Passenger(s) shall remain responsible at all times for their Luggage & Personal Items and shall ensure that all their Luggage & Personal Items are loaded into the Vehicle prior to commencement of the Service, and unloaded from the Vehicle upon completion of the Service. The Carrier accepts no responsibility for any loss of / damage to Luggage & Personal Items or consequential losses arising as a result of Luggage & Personal Items which are not loaded to or unloaded from the Vehicle.

Passengers taken ill The Customer will be responsible for the conduct of the Passenger(s) and shall pay for any loss and/or damage caused by the Passenger(s) to the Vehicle or any other property, including but not limited to cleaning costs following any spillage or soiling of the Vehicle and any loss of earnings suffered by the Carrier or any sub-contractor or employee of the Carrier due to the Vehicle being out of use during such cleaning.

Waiting time – General The Passenger(s) and any Luggage or Personal Items shall be ready for collection at the time stipulated by the Customer when the booking is made. However, the Carrier will allow 15 minutes for waiting or loading, when picking up Passenger(s). In the event that all booked Passengers have not boarded the vehicle within 15 minutes the Carrier reserves the right to charge the Customer for the total loading/waiting time (for the avoidance of doubt, after the first 15 minutes) in accordance with the Price List. In any event the Carrier reserves the right to terminate the Contract at any time after the first 60 minutes if no communication is made with the passenger and, in addition to any charge for loading/waiting time, may charge a termination fee in accordance with the Price List for such termination.

Waiting time – Collections from Airports (Excluding Private Airports) In relation to collections of Passenger(s) from Airports the Carrier will allow 45 minutes (starting from the last estimated arrival or landing time. Thereafter the Carrier reserves the right to charge the Customer for the total loading/waiting time (for the avoidance of doubt, including the first 45 minutes) in accordance with the Price List. In any event the Carrier reserves the right to terminate the Contract at any time after the first 120 minutes if no communication is made with the passenger and, in addition to any charge for loading/waiting time, may charge a termination fee in accordance with the Price List for such termination.

Left Luggage The only obligation of the Carrier in relation to any Luggage & Personal Items or other items left behind by Passenger(s) in the Vehicle upon completion of the Service shall be to inform the Customer that such Luggage & Personal Items or other items have been found, and when and where they can be collected from the Carrier or delivery if practicable arranged at the customers expense.

Animals The Carrier will not carry any animals except for Guide Dogs accompanying registered blind Passengers.

Seat belts/legal requirements/driver’s hours The Customer and its Passenger(s) shall not require the driver of the Vehicle to break any provisions of the Road Traffic Acts, or the rules contained in the Transport Act 1968, as amended; the AETR Agreement; or the EU Regulations (EC Reg. 561/2006, as amended) relating to driver’s maximum daily hours and rest periods.

The Passenger(s) shall comply with all applicable legislation and regulations including the requirement to wear seat-belts.

Minors The Carrier will not carry any unaccompanied children under 14 years of age.

Route taken Unless otherwise instructed by the Passenger before the commencement of the Service, routes travelled will (in accordance with road, traffic and weather conditions) be at the driver’s discretion.

Missing flights/Delay It is the responsibility of the Customer to ensure that sufficient time is allowed for completion of the Service. The Carrier gives any 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 (including but not limited to flight and hotel costs).

Section 3: Provision of WiFi Provision of In Car WiFi Service The Carrier provides a WiFi Service in vehicles, which allows Users, who can provide their own computer, mobile or electronic device (being wireless enabled) that is capable of accessing that service with its own power source, to connect to the internet. Access to the WiFi Service is subject to

the terms and conditions as in this section, within the broader context of the Conditions of Carriage, of which this section is part.

If the User of the WiFi Service is under 18 years of age, then before they access the WiFi service they must ensure that they have the consent of a parent or guardian, and ensure that both they and the consenting party have read and agreed to these terms and conditions.

Any questions regarding the WiFi Service, or these terms and conditions surrounding its use, should be sent to info@PriorityChauffeurs.com.

Warranty and Limitations of the WiFi Service The WiFi service is provided on an “as is” and “as available” basis.

The Carrier makes no warranties or representations whether express or implied in relation to the completeness or quality of that service, or whether that service is fit for any particular purpose, but will endeavour to provide a high standard of WiFi Service at all times.

Due to the nature of the constraints of that service, the User acknowledges that:

It is not always possible to provide the WiFi Service entirely free of faults or disruption, and the Carrier does not undertake to do so. On occasion faults or essential maintenance may mean that the WiFi Service is temporarily unavailable. Conditions outside the control of the Carrier may adversely affect the operation, speed, and reliability of the WiFi Service. These conditions could include telecommunication links between the User’s device and the WiFi network, links between the WiFi network and the Internet, the amount of user traffic at the time of access, the physical location of the access point, and the operation of external sites residing on the Internet. The WiFi Service, and the direct or indirect use of that service, involve the necessary supply of services by third parties, and accordingly the Carrier can offer no warranty of whatever nature in relation to such external services. The WiFi Service connects to a mobile data network via radio frequency in order to provide access to the internet. As such it is suited to use for email, browsing the internet and instant messaging. The Carrier advises that that this service is not necessarily suitable for supporting applications or uses that require continuous, uninterrupted fault-free connections. User Obligations and Fair Usage The Carrier may, in its absolute and sole discretion, block or limit access to certain content, internet applications and websites that the User may seek to access while using the WiFi Service.

To this end, a URL blocking mechanism is implemented on the WiFi Service that will restrict access to certain categories of URL deemed inappropriate for public environments, or otherwise considered inappropriate for other legal or contractual reasons, these categories include:

Drug use Pornography Offensive or illegal speech Network malfeasance Child abuse

The User agrees that their usage of the WiFi Service will comply with the following usage policy, by undertaking that they will not send, receive, store, distribute, transmit, post, upload or download any materials or data which:

Violates any law Is defamatory, offensive, abusive, indecent, obscene, or constitutes harassment Is or may be harmful to minors Promotes or encourages illegal or socially unacceptable or irresponsible behaviour Is in breach of any third party rights (including any third party intellectual property rights) Has any fraudulent purpose or effect or involves a User impersonating another person or otherwise misrepresenting themselves as the source of any communication The User will not use the WiFi Service in a manner such that the WiFi Service’s security and operation, or any other third party’s system or network security and operation, is interrupted, damaged, rendered less efficient, or impaired by any method, including:

Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network Unauthorised monitoring of data or traffic on any network or system without the express authorisation of the owner of the system or network Unauthorised interference with any user, host, system or network without the express authorisation of the owner of the system or network Distribution of malicious software So that the Carrier can offer all Users of the WiFi Service a high quality service, the Carrier reserves the right to restrict a user’s connection speed or terminate their session if the level of use is deemed to be excessive and therefore detrimental to other users.

User Data and Security The Internet is an inherently insecure communication medium and, while the Carrier will endeavour to provide secure access via the WiFi Service, it cannot guarantee the security and privacy of such communications.

The Carrier will only monitor, control, store or examine the nature and content of information transmitted or received by the User using the WiFi Service as by the terms and conditions contained here, and in accordance with the Carrier’s Privacy Policy, however the Carrier has no control over whether the WiFi Provider does otherwise. The terms and conditions of the WiFi Provider can be accessed here.

Liability and Indemnity The User will indemnify and defend the Carrier against all claims, liability, damages, loss, costs and expenses, including legal fees, arising out of a breach of the terms and conditions surrounding the use of the WiFi Service.

The User agrees to fully indemnify the Carrier against any claims or legal proceedings arising in connection with the User’s use of the WiFi Service which are brought or threatened against the Carrier by any other person.

The User agrees, except for death and personal injury arising from the negligence of the Carrier, the Carrier shall not be liable in contract, tort, negligence statutory duty or otherwise for any loss or damage whatsoever arising from or in connection with the WiFi Service, including damage for loss of business, loss of profits or revenue, business interruption, loss of business information, loss of the use of the WiFi Service, loss of goods, loss of contracts, loss or corruption of information or data or any other pecuniary loss (even where the Carrier has been advised of the possibility of such loss or damage).

Section 4: General Conditions Commencement and end of Service – Carrier’s Period of Responsibility The Service shall commence upon the arrival of the Vehicle for collection of the Passenger(s) at the place of collection designated by the Customer.

The Service shall terminate upon delivery of the Passengers at the agreed place of delivery.

Right to sub-contract the Service The Carrier may engage any London licensed driver or operator licensed in London or operator covered by the Deregulation Act 2015 section 11 Private hire vehicles: sub-contracting regulations to perform the service and shall provide the name of such sub-contractor to the Customer upon request.

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

The Carrier’s charges are to be paid in full within 30 days from the date of the Carrier’s invoice, without any deduction or set off against any alleged claim against the Carrier.

Any query by a Customer in respect of the Carrier’s charges must be made in writing within 7 days of the date of the Carrier’s invoice.

If the Carrier’s charges are not paid in full within 30 days from the invoice date, the Carrier shall thereafter be entitled to charge interest on all outstanding amounts at an annual rate of 3% above the Bank of England base rate current at the date of the unpaid invoice. Where the Customer is a commercial entity, interest and penalties shall be charged pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

No variation of terms These Conditions shall apply to the exclusion of any other terms and conditions (including those of the Customer). Unless agreed in writing by a Director of the Carrier, no employee, agent or sub-contractor of the Carrier is authorised to alter or vary these Conditions.

Cancellations If the customer cancels their Contract with the carrier then they may be liable to pay a Cancellation Fee or a Cancellation on Arrival Fee in any instance where:

If the booking is for a passenger car, you will have until 4 hours prior to the booking start time to cancel free of charge bookings in London and 8 hours for bookings outside of London. If a cancellation takes place after the cancellation deadline the booking will be charged at 100% equal to

the same charge as if the journey was completed, prices can be found on the Price List or requested from the Carrier.

Please be aware that there is a minimum 24hr cancellation policy in effect for all international bookings. There are times (during events) that this may be extended, but please confirm with Priority Chauffeurs if you are unsure. For Coach, Minibus, or any other vehicle that seats more than eight passengers, then a Cancellation policy will be communicated to the customer at the time of booking. If a cancellation is not communicated at the time of booking then a 72 hour cancellation policy will be in place.

General indemnity against any charges incurred by Carrier The Customer shall indemnify the Carrier in respect of:

All consequences suffered by the Carrier (including but not limited to claims, costs, expenses, demands, proceedings, fines, penalties, damages, and loss of or damage to the carrying Vehicle and to other goods carried) arising as a result whether direct or indirect of any error, omission, misstatement or misrepresentation by the Customer or an employee or agent of either of them. All claims and demands whatsoever in excess of the liability of the Carrier under these Terms and Conditions.

Equal Opportunity Employer The Carrier is an Equal Opportunity Employer and has implemented a policy to promote equality in relation to disability, gender, race, age, religion or belief and sexual orientation. The Carrier will refuse to accept any booking which would contravene that policy.

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.

Claims No claim shall be brought against any officer, employee or sub-contractor of Priority Chauffeurs Ltd

Law and jurisdiction These Conditions and the Contract to which they apply shall be subject to English law, and any dispute between the Customer and the Carrier shall be subject to the exclusive jurisdiction of the English Courts

Information about our privacy policy

Definitions

Priority Chauffeurs – (“we”, “our”, “us”)

This is the collective term used to describe all those who have access to the Priority Chauffeurs information and information systems

If you have any questions regarding this privacy policy you may contact our team at info@PriorityChauffeurs.com

Or contact us directly:

Priority Chauffeurs, 128 City Road, London, United Kingdom, EC1V 2NX.

The type of information and when we may collect it

· We collect the information you provide us when you contact us via our websites, mobile apps, email, telephone, social media or otherwise. In addition information may be collected when signing up to our newsletters, alerts, or by creating an account and then using our services.

· Information may be provided to us by your company/employer. Corporate customers may provide us with information about you when they sign up to use our services, this could include your name and business email address and phone number or other relevant information to assist the performance of our services.

· Information provided to us by a third party and/or collected from public records in the case of fraud or suspected fraud. We may obtain information from third parties and from public records to prevent and detect fraud.

· Many of the vehicles in our fleet are fitted with outward-looking dashboard cameras. Whilst these cameras do not film or record audio inside the vehicles, your image may be collected.

How we use your information

To perform our contract with you, we will use your information:

· To communicate with you;

· To provide you with ground transportation and/or courier services;

In order to provide you with the most effective and appropriate service, we will use your information:

· To identify bona fide users;

· To detect and prevent fraud and/or crimes;

· To meet customer service requirements and where required, for complaint handling and feedback;

· For reporting and data analysis purposes and to monitor and assess the quality of service;

· To administer any promotion, survey or feature available through our various services.

· For insurance purposes;

· To comply with our statutory and regulatory obligations, as required by the relevant licensing authorities;

· To assist in hosting events on behalf of a client/s;

· To provide quality assurance information including complaints, compliments and evaluations about our drivers;

· To sign you up for our newsletters or alerts;

· To contact you via telephone, email, SMS or via our apps;

· To utilise the information you provide to provide a more effective and responsive service. Such as vehicle types, specific collection points, support needs etc.;

· To enforce our terms and conditions;

· Where you have opted into a marketing opportunity, the email address you provide for order processing, may be used to send you information and updates pertaining to your order. These updates may on occasion also include company news, updates, related product or service information, etc.

Technical usage information

When accessing our services via our App or Website, we automatically collect the information sent to us by your device (computer, mobile, or other). This information includes:

· Your IP address;

· Device information such as, but not limited to, identifier, name, and type of operating system;

· Mobile network information;

· Standard web information, including the browser type and pages you access on our website;

· Hardware models, software, file names and versions, preferred languages, advertising identifiers, unique device identifiers, serial numbers and device motion information.

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

To provide effective services and useful content to you, we collect this information in order to:

· To utilise the information you provide to provide a more effective and responsive service. Personalising our Websites and apps to ensure the content is presented in the most effective manner for you and your device;

· To monitor and analyse trends, usage and activity in connection with our websites, apps and services and to improve our services;

· To administer our websites and apps, and for internal operations, in order to conduct troubleshooting, data analysis, testing, research, statistical analysis; or

· To maintain the safety and security of our websites and apps.

We use cookies

Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow). This enables the sites or service providers systems to recognize your browser and capture and remember certain information

We use cookies to compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

If you would like to find more information about cookies and how to manage them please visit http://www.allaboutcookies.org/.

We receive information from other sources such as from analytic companies in the case of in-car wifi data usage and in the case of telematics data.

We use Google Analytics, which is a web analytic tool that helps us understand how users interact with our web services. Google Analytic uses first-party cookies to track user interactions, such as how users use our websites. This information is used to help us improve our websites. The reports disclose website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our websites. For more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.

Profiling

· Fraud prevention: We use a combination of risk screening tools and manual intervention to ensure that customer profiles are not fraudulent. To do this, we match the personal data provided by customers against data fields such as name, email address, mobile number and we use this to accept or decline bookings.

· Marketing: We manually carry out customer segmentation for marketing purposes based on journey history. We use this to make our newsletters more relevant for market segments, such as promoting relevant journey types.

Disclosure of any information to outside parties

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.

Categories of recipients include:

· Cloud storage providers located in the UK, to store your personal data you provide and for disaster recovery services, as well as for the performance of any contract we enter into with you;

· Partner drivers based in the territory in which you request services.

· IT support service providers who support and maintain our booking platform and have access at our premises working on a secure server; and

We may also release your information when we believe release is appropriate. For example, this may be to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Retention Policy

To limit the retention period of your personal data, we consider several criteria to ensure that we do not retain your personal data for longer than is necessary or appropriate. These criteria include:

· The purpose for which we hold your personal data;

· Our legal and regulatory obligations in relation to that personal data, for example our regulatory obligations to our licensing authorities, alternatively financial reporting obligations and;

· Whether we have a continuing relationship, for example, you have an active account with us, you continue to receive marketing communications, or you regularly browse or book on our websites or apps.

· Any specific request from you in relation to the deletion of your personal data; and

· Our legitimate business interests in relation to managing our own rights, for example the defence of any claims.

We will retain your information as follows:

· If you contact us via email, we will keep your data for 5 years;

· Records of bookings, lost property, and complaints for a minimum of 12 months (we are required to retain such data to comply with our regulatory requirements).

Where personal data is held

Priority Chauffeurs hold personal data in secured environments, these can include: Our own secure desktops, email accounts, laptops, employee-owned devices, paper files and backup storage.

We cannot guarantee the security of your information transmitted through the websites, apps, over email or via our call centre; any transmission is at your own risk. Once we have received your information, we will take appropriate technical and organisational measures to safeguard your personal data against loss, theft and unauthorised use, access or modification.

Procedures in place for deletion

Accounts related data that is processed via our two database servers are subject to a 90 day non-usage review of the account, followed up by a 6 month review before the erasure or separation of any personal or sensitive data. Also upon request by the authorised account holder data will be deleted from both database servers within 30 days of the request followed up by a privacy notification and confirmation of the deletion. This can be done by contacting the team at info@PriorityChauffeurs.com.

Data processed via email are subject to the Office 365 on board retention policy, this includes the purging of unfiled mail after 30 days.

Employee and mobile users including sub-processors who process data on behalf of our company are subject to a systematic 30 days deletion policy after the completion of a contractual obligation. This is achieved via our CDS software which is downloaded onto mobile devices. On board encryption is also enabled on all our mobile devices which are set to delete all information on the device after multiple failed password attempts.

Your rights as a data subject

We have a robust process for dealing with costumer queries and subject access request is in place, this includes but not limited to the right to withdraw any processing of your personal data and to remove any personal or sensitive data. The request can be requested via email - info@PriorityChauffeurs.com.

Our consumer query process is also used to monitor our customers, our data partner and our product/processes. Root cause analysis is applied to every enquiry, allowing us to identify if further action is required.

Your right to request from the controller restriction of processing of personal data can be applied upon request by the authorised account holder.

You have a right to lodge a complaint with a supervisory authority in regards to how your information has been handled. Please contact the Information Commissioner’s Office (ICO). https://ico.org.uk/concerns/handling/

· Access: You have the right to ask us to access the personal data we hold about you and be provided with certain information about how we use your personal data and who we share it with.

· Correction: You also have the right to ask us to correct your personal data where it is inaccurate or incomplete.

· Portability: Where you have provided your personal data to us under contract, you have the right to ask us to share (port) this data to another data controller in a structured, commonly used, and machine-readable format.

· Erasure: In certain circumstances, you have the right to ask us to delete the personal data we hold about you.

· Restriction: In certain circumstances, you have the right to ask us to restrict (stop any active) processing of your personal data, save for storage.

· Objection: In certain circumstances, the right to restrict or object to our processing of your personal information (e.g. where you request correction or erasure, you also have a right to restrict processing of your applicable data where your request is considered). You can object to our processing of your personal data based on our legitimate interests and we will no longer process your personal data unless we can demonstrate an overriding legitimate ground.

Childrens Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act). We do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.