Capital Chauffeurs Terms and Conditions
LAST UPDATED: 7th December 2018
Part A: Capital Chauffeurs Service Terms
“Capital Chauffeurs Services” means the booking services provided by Capital Chauffeurs Application (hereinafter ‘App’) as the agent of the Transporter.
“Transporter” means the licensed vehicle driver in accordance with the Regulations who shall provide transportation service to you.
“Contracting Parties” shall mean transportation Service Contract between you and the Transporter where Capital Chauffeurs is NOT a party.
“Service Contract” shall mean a binding contract between you and Transporter where you request/offer for Capital Chauffeurs Service and Transporter accept via Capital Chauffeurs App.
“Regulations” shall mean Local Government Miscellaneous Act 1976, Private Hire Vehicles (London) Act 1998 and relevant local government regulations.
” Capital Chauffeurs” shall mean CITY TRANSFER AND TRAVEL LIMITED trading as Capital Chauffeurs, a private limited liability company incorporated and registered in England and Wales with company number 11703145 whose registered office is at 91-93 Buckingham Palace Road, London, SW1W 0RP.
“App” means the software application and related services provided by Capital Chauffeurs to you subject to terms and conditions in Part B.
“Website” shall mean capitalchauffeurs.com
2. The contract between you and Transporter
Capital Chauffeurs mediates accepting booking offer by you on behalf of Transporter as a declared agent of Transporter and concludes Service Contract between you and the Transporter. For your clarification: Capital Chauffeurs does not itself provide Transporter and transportation service. Capital Chauffeurs merely acts to communicate offer and acceptance between you and Transporter to conclude Service Contract between you and Transporter. You acknowledge and agree that the Service Contract is between you and Transporter and that Capital Chauffeurs accepts your booking as an agent for the Transportation Provider but is not a party to that contract. When you request/offer for transportation service using Capital Chauffeurs Service, Capital Chauffeurs will allocate this to the nearest available Transporter.
3. Capital Chauffeurs Services
a. The acceptance of Bookings.
b. Communicating each accepted Booking to the nearest available Transporter.
c. Electronically monitoring the performance of the Booking by the Transporter.
d. Dealing with customer care, lost property and handling complaints relating to bookings.
e. Storing statements of booking history electronically
The rates payable for transportation service that you request are as set out in our website and Capital Chauffeurs App which are subject to change time to time and it is your responsibility to be aware the current rates.
5. Limitation of Liability.
Capital Chauffeurs will not be liable to you in respect of any acts or omissions of its employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise subject to the following conditions:
5.1 It does not seek to exclude liability for death or personal injury caused directly by its negligence.
5.2 It does not seek to exclude any liability contrary to The Consumer Protection (Amendment) Regulations 2014 and Unfair Contract Terms Act 1977.
6. Events beyond our control
Capital Chauffeurs shall have no liability to you for any failure to deliver service you have ordered or any delay in doing so or for any damage that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and breakdown of systems or network access, flood, fire, explosion or accident.
7. Applicable law.
The terms set out in this Part A and any associated obligations shall be governed by and interpreted in accordance with the laws of England and Wales and the courts of England and Wales shall have jurisdiction to resolve any disputes between us.
8. Right for you to cancel booking
8.1 You may cancel your booking with us for the service you order within 5 minutes from the time you place booking for the service. You do not need to give us any reason for cancelling your booking nor will you have to pay any penalty.
8.2 You cannot cancel your booking if the time exceeds 5 minutes from the time you place booking for the service.
9. Cancellation by Capital Chauffeurs as an agent
We reserve the right to cancel the booking. If we cancel your booking, we will notify you by email/App and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered
Part B: Capital Chauffeurs User Agreement
This User Agreement set out the terms apply in connection with using our web site at www.capitalchauffeurs.com (the “Website”); Capital Chauffeurs App and Capital Chauffeurs Service (as defined in Part A above). Terms in Part B of this agreement do not apply to Capital Chauffeurs Service terms in Part A above.
Under this user agreement you are contracting with CITY TRANSFER AND TRAVEL LIMITED trading as Capital Chauffeurs, a private limited liability company incorporated and registered in England and Wales with company registration number 11703145 whose registered office is at 91-93 Buckingham Palace Road, London, SW1W 0RP.
Please read terms in this agreement with due care before using Capital Chauffeurs Services.
1. About Capital Chauffeurs
The Capital Chauffeurs App and the Website facilitate you to communicate for booking private transportation services offered by third party driver or vehicle operator or transportation providers (the “Transporter”). The provision of Capital Chauffeurs Services is set out in Part A above.
2. Your Agreement with Capital Chauffeurs
In order to download and/or use the Capital Chauffeurs App you first accept terms under this User Agreement. These terms are accepted by you (a) when you click to accept or agree to the Terms; or (b) when you download and/or use the Capital Chauffeurs App software application and/or Capital Chauffeurs Website. We advise you to print a copy of these Terms for your records. Terms under this User Agreement remain effective from the date of acceptance until terminated by you or Capital Chauffeurs . You have to be 18 years of age or older to use the Capital Chauffeurs App and the Services.
You cannot accept terms under this User Agreement if: (a) you are not lawfully entitled to use the Capital Chauffeurs Services and/or (b) if you are not of legal age to form a binding agreement with Capital Chauffeurs .
3. Use of the Capital Chauffeurs App Services
The Capital Chauffeurs App does work with GPS system and when you download it in your GPS enabled mobile device, your mobile device will work as GPS receiver. You must open an account and provide your personal information and Debit/Credit account details with the Capital Chauffeurs App before using the services for the first time. Once your personal account is created, you will be able to use Capital Chauffeurs Services. When you request for a booking using Capital Chauffeurs App, you will receive information about the Transporter including vehicle license number, identity and communication method.
For the avoidance of doubt: Capital Chauffeurs does not itself provide transportation services, and Capital Chauffeurs is not a Transporter. You acknowledge and agree that the provision to you of transportation services by the Transporter is pursuant to the Service Contract and that Capital Chauffeurs is not a party to that contract.
As a condition of your use of Capital Chauffeurs App and the Website you agree that:
i. You will not provide any false personal information, or create an account for anyone other than yourself without permission.
ii. You will not create more than one personal account
iii. If we disable your account, you will not create another one without our permission
iv. You will not modify copy, publish, license, sell, or otherwise commercialise this Application or any information or software associated with this Application.
v. You will not rent, lease or otherwise transfer rights to this Application
vi. You will not use account of others without prior permission.
vii. You will not use the Capital Chauffeurs App or the Services for any unlawful purpose; in any way that interrupts, damages, impairs or renders Capital Chauffeurs less efficient.
viii. You will not use the Capital Chauffeurs App or the Services to cause nuisance, annoyance or inconvenience;
ix. You will not share your personal access details to Capital Chauffeurs App who is not permitted to use this App under any terms of this Agreement.
x. You will promptly provide us with such proof of identity as we may reasonably request;
xi. You must comply with applicable third party terms of agreement when using Capital Chauffeurs App (e.g. your wireless data service agreement)
xii. You will not use the Capital Chauffeurs App or the Services with an incompatible or unauthorized device;
xiii. You must use Capital Chauffeurs App in compliance with all applicable laws.
xiv. Your right to use Capital Chauffeurs App will terminate immediately if you violate any provisions of this User Agreement.
The use of the Capital Chauffeurs App and the Services is free of charge until further notice provide to introduce a fee.
5.1 The rates that apply for the transportation services by the Transport Provider can be found on the Website and through the Capital Chauffeurs App. These may be modified or updated by Capital Chauffeurs from time to time. It is your own responsibility to remain informed about the current rates for the transportation services.
5.2 Capital Chauffeurs will receive the required payment from you on behalf of the Transporter as an agent for any transportation service provided by individual Transporter.
5.3 You must agree to authorise us to take payment from your Debit/Credit card account on behalf of the Transporter for any service provided by Transporter
5.4 In addition to Debit/Credit card payment, you will be able to pay by cash or cheque subject to prior approval from Capital Chauffeurs authority
5.5 All cards payments are subject to third party assistant and subject to their terms and conditions.
By accepting Terms in this User Agreement, you agree that you shall defend, indemnify and hold Capital Chauffeurs and any associated individual and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs) arising out of or in connection with:
6.1 Your violation or breach of any term of this User agreement or any applicable law or regulation.
6.2 your violation of any rights of any third party, including Transportation Providers arranged via the Capital Chauffeurs App, or
6.2 Your use or misuse of the Capital Chauffeurs App or the Services.
7. Extent of Capital Chauffeurs ’s Liability
7.1 If the services we deliver are not what you requested, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the service in question
7.2 The liability of Capital Chauffeurs to you under clause 7.1 shall be limited to the charge paid by you for transportation service
7.3 Capital Chauffeurs does not seek to exclude liability contrary to applicable law (i.e. personal injury and death) caused by its direct negligence.
7.4 Capital Chauffeurs shall not be liable for any damages resulting from the use of (or inability to use) the Website or the Capital Chauffeurs App, unless such damage is the result of any wilful misconduct or gross negligence on the part of Capital Chauffeurs .
7.5 Capital Chauffeurs shall not be liable for any acts, omissions or negligence of the Transporter
If you have a dispute with one or more Capital Chauffeurs users and/or Transporters, you release Capital Chauffeurs and its officers, directors, agents, subsidiaries and employees from any and all claims, demands and damages of every kind and nature, known or unknown, arising out of anyway connected with such disputes.
9. Third Party Rights
A Person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists apart from that Act.
10. Personal Information
By using Capital Chauffeurs App, you agree to the collection, transfer and use of your personal information by Capital Chauffeurs . You also agree to receive marketing communication from us unless you tell us that you prefer not to receive such communications.
11. Resolution of disputes
If a dispute arises between you and Capital Chauffeurs , we strongly encourage you to first contact us directly to seek a resolution. Capital Chauffeurs will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation
12. Grant of License and Copyright Policy.
“Licensor” shall mean Capital Chauffeurs having its exclusive authority to grant license to use Capital Chauffeurs App and the Website to you.
“Licensee” shall mean Capital Chauffeurs App and Website user who will be granted license to use Capital Chauffeurs Materials.
“Capital Chauffeurs Materials” shall mean logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software, opinions, remarks, comments, artwork, links, questions, suggestions, information and associated contents which are non-exclusive.
12.1 License: Licensor grants to Licensee a limited, non-transferable, royalty-free license to use the Capital Chauffeurs App and the Website in accordance with the terms in this User Agreement. Except for the limited rights granted in this User Agreement, no right or license, either expressed or implied, under any intellectual property right but not limited to trade secret or know-how is granted hereunder by one party to another.
12.2 Liability of Licensee: Licensee shall be responsible for all access to the Site using your Internet connection, even if the access is by another person.
Your permission to use the Capital Chauffeurs App and the Website is personal to you and non-transferable, and you may not use the Capital Chauffeurs App and the Website for commercial purposes. Your user License is conditional on your compliance with the rules of conduct set out below and you agree that you will not:
13.1 use the App and the Website for any fraudulent or unlawful purpose;
13.2 use the App and the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
13.3 transmit or otherwise make available in connection with the App and the Website any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
13.4 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Capital Chauffeurs App or the Website;
13.5 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Capital Chauffeurs App or the Website. If you wish to reverse engineer any part of the Website to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
13.6 remove any copyright, trade mark or other proprietary rights notice from the App and the Website;
13.7 frame or mirror any part of the Website without our express prior written consent;
13.8 create a database by systematically downloading and storing the Capital Chauffeurs App or the Website content;
13.9 use any manual or automatic device in any way to gather Capital Chauffeurs App content or reproduce or circumvent the navigational structure or presentation of the Capital Chauffeurs App without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the App and the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
We reserve the right to revoke these exceptions either generally or in specific in-stances.
14. Copyright and other intellectual property
14.1 The Capital Chauffeurs App and the Website contained copyright material, trade names and marks and other proprietary information, including, but not limited to, text, software, photos and graphics, and may in future include video, graphics, music and sound. Capital Chauffeurs Materials are protected by copyright law, registered and unregistered trademarks, database rights and other intellectual property rights.
14.2 Capital Chauffeurs as a Licensor exclusively own the copyright, database right and other intellectual property rights in the selection, coordination, arrangement and enhancement of such Capital Chauffeurs Materials. You may not modify, publish, transmit, participate in the transfer of sale of, create derivative works from, or in any way exploit, any of the Capital Chauffeurs Materials, in whole or in part except as provided in the terms of this Agreement.
14.3 You may download information from the Capital Chauffeurs App and the Website for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded materials will be permitted without Capital Chauffeurs ’s express permission or that of the copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyright material. Please see Capital Chauffeurs ‘s Copyright Policy at Capital Chauffeurs Website, for further information.
15 Information about you and your visit to our site and use of our service
16 Third Party Links from the Capital Chauffeurs App and the Website
Where Capital Chauffeurs App and its Website contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
17. Jurisdiction and Applicable Law
The English courts will have jurisdiction over any claim arising from, or related to, a visit to Capital Chauffeurs Website and or use of Capital Chauffeurs Services. Any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
18. Right for you to terminate your contract
You are entitled to terminate this agreement in respect of the terms in this User Agreement at any time by permanent deletion of the Capital Chauffeurs App installed on your device, thus disabling the use by you of the Capital Chauffeurs App and the Capital Chauffeurs Services. You can close your user account at any time by following the instructions on Capital Chauffeurs ‘s website.
19. Termination by Capital Chauffeurs
Capital Chauffeurs is entitled to terminate this agreement in respect of the terms in this User by disabling your use of the Capital Chauffeurs App and the Capital Chauffeurs Services if you either violate or breach any term of this User Agreement, or in the opinion of Capital Chauffeurs , misuse the Capital Chauffeurs App or the Capital Chauffeurs Services.
Capital Chauffeurs is not obliged to give you notice of such termination in advance.
The invalidity or unenforceability of any provisions of this User Agreement shall not affect the validity or enforceability of any other provision of this User Agreement, which shall remain in full force and effect.
Capital Chauffeurs may revise terms in this User Agreement at any time by amending this page. You are expected to check this page from time to time to take notice of any change we make, as they are binding on you.
Capital Chauffeurs may give notice by means of a general notice on the Services or the Capital Chauffeurs App, or by email to an email address previously supplied by you, or by written communication sent by regular mail to an address previously supplied by you.