THESE STANDARD TERMS OF SERVICE APPLY TO PERSONAL, NON-COMMERCIAL, USE OF THE SERVICES.

Version Number 1.1

CONSUMER STANDARD TERMS OF SERVICE

We are Fan Cars Ltd trading as lavishchauffeurs.co.uk, a company registered in England and Wales (registration number: 14316918) whose registered address is located at 6. St Peters Street, Censeo House, St. Albans, England, AL1 3LF (“Fan Cars Ltd”, “we”, “our” or “us”).

We provide Passenger Services as licensed operator as set out in these Terms (collectively the “Services”).

When you book one or more Services these consumer standard terms together with all annexes, appendices, price lists and all linked pages indicated and documents referred to herein apply to your use, and the Passenger’s use, of the Services (the “Terms”).

We keep these Terms (including pricing) updated and we amend them every so often. Please remember to check these Terms before you make a Booking, as the latest set of Terms will apply to your Booking.

Capitalised expressions in these Terms:

1. THE SERVICES

   1. In order to use the Services, you must create and maintain an active personal user profile (“Profile”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if applicable and if different than 18), to set up a Profile.

   2. Profile registration requires for you to submit certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by us. If you wish to make a Card payment, you will provide us with, and we shall store, the long number of your Card together with the Card expiry date, for each Card you upload to your Profile. You are responsible for all activity that occurs using your Profile, and you agree to maintain the security and secrecy of your Profile username and password at all times. You may only create one Profile unless otherwise agreed by us.

   3. Upon successful creation of a Profile, you may make Bookings for Passenger Services using the Booking Channels.

   4. A Booking should be Pre-Booked.

   5. A Booking constitutes an offer by you to purchase Services in accordance with these Terms. A Booking shall only be deemed to be accepted by us when we issue written confirmation of the Booking via text message, email or push notification from the App or on commencement of the Booking (whichever is the earlier), at which point and on which date and time a contract for the of those services to which the Booking relates shall come into existence. The Passenger, in each case, is deemed to have accepted the Terms when making use of the Passenger Services. Each Booking constitutes a Contract between Fan Cars Ltd (as principal), the Passenger and you (if the person making the Booking is different from the Passenger) (“Contract”). There is no obligation on us to accept a Booking and it may be declined for any reason. For the avoidance of doubt you agree to remain fully liable under these Terms for the actions or omissions of the Passenger(s) as if they were your own actions or omissions and our obligations to the Passenger will be determined by these Terms as if they were you.

   6. To the maximum extent permitted by law, we remain responsible solely for our obligations to you, as set out in these Terms, to the exclusion of all other Terms.

   7. Where your journey is fulfilled by a Driver or Chauffeur licensed by Transport for London, Fan Cars Ltd will contact you again via text message, email or push notification from the App, before the start of your journey, to confirm the Vehicle licence plate number, the driver’s contact details, the driver’s private hire Vehicle licence number and where a Passenger can receive it, a photo of the driver. Where you make a Booking for Services that is not fulfilled by a driver licensed by Transport for London, Fan Cars Ltd may, upon request, provide you with the name, contact details and/or Vehicle licence plate number of the relevant Driver or Chauffeur who will be fulfilling the Booking.

   8. Fan Cars Ltd reserves the right on no notice to you to amend the Services if necessary to comply with any applicable law, statute, regulation, statutory instrument, directive and all other legislation or if the amendment will not materially affect the nature or quality of the Services.

   9. Fan Cars Ltd shall use reasonable endeavours to provide a Vehicle of the type specified by you (and in the event that such a Vehicle is not available, a reasonable alternative Vehicle) within any time for so doing given by Fan Cars Ltd.

   10. You are liable for any and all payment of Charges and Additional Charges for a Booking for all Services booked pursuant to these Terms and you must pay the Charges and Additional Charges for each Booking in full and without set-off.

   11. Fan Cars Ltd reserves the right to amend the Charges and the Additional Charges including after a Booking is made and including without limitation to reflect changes in law, statute, regulation, taxation, statutory instrument and directives.

   12. You may elect the method of payment for a Passenger Services made using the Site or App, from one of the following options; (i) Card Payment, or (ii) cash; or (iii) PayPal Payment.

   13. Where you make a Card Payment for a Booking, subject to section 1.19 below, we will process payment as follows: (i) in respect of the Charges prior to the Booking commencing and (ii) in respect of the Additional Charges after the Booking has completed, in each case using the Card used to make the Card Payment for the Charges relating to the Booking. In respect of Additional Charges, your Card will be debited a second time and will be identified on your Card statement as “Fan Cars Ltd Extras”.

   14. Where you make a Card Payment for a Passenger Services Booking and your Card Payment is declined by the Card-issuer or on its behalf, you agree that Fan Cars Ltd reserves the right, to use and take payment for Charges and/or Additional Charges from any other payment Card registered in your Profile in your sole name, where available.

       1.19 In the event of that we are unable to collect payment for the Passenger Services Bookings, we shall be entitled to charge, and you shall be liable to pay interest at a rate of 8% per annum on any amount outstanding until payment is made, both before and after any judgment.

2. PASSENGER SERVICE CHARGES

   1. On providing your Collection Address, Destination Address and selecting the Vehicle, you will receive a quotation showing the amount of the Charges for the requested journey.

   2. The Charges are based on our chosen route between your Collection Address and Destination Address (via any other pick-up or drop-off points you specify at the time of making the Booking).

   3. We may permit changes to a Booking by a Passenger on whose behalf the Booking was made, and you acknowledge that you are liable for all Charges and Additional Charges for the Booking as changed. If a Booking change or changes results in a full or partial refund to you, we will credit the Card used to make the Booking.

   4. In relation to Passenger Services Additional Charges shall be payable if:

      1. you change the Collection Address and / or Destination Address or Vehicle type;

      2. you ask the Driver and the Driver agrees, to make any additional pick-ups or drop-offs;

      3. you require the Driver to take any variation of or follow a different route from our chosen route;

      4. you require the Vehicle to carry more passengers than indicated when making the Booking;

      5. you require the Driver to wait between the stops of a Return Journey;

      6. you or any other Passenger, domestic animal or Bicycle soil, contaminate or damage a Vehicle, in which case a cleaning fee up to a maximum of £180 shall be charged;

      7. tolls or road related charges are payable in relation to your Booking;

      8. you make an Airport Booking. For the avoidance of doubt an Airport Meet and Greet Fee is payable for each and every Airport Booking.

      9. a Parking Fee, Waiting Time Fee, Drop Off Fee and/or Cancellation Fee may be applicable to your Booking. The Parking Fee, Waiting Time Fee, Drop Off Fee and/or Cancellation Fee; and/or

      10. you do not specify that the Vehicle is to carry a bicycle or pet when making the Booking, and the Driver subsequently agrees to carry such bicycle or pet.

   5. Other than in relation to Airport Bookings where the waiting time shall be as set out in sections

      2.6 and 2.7 below, each Customer shall have 5 minutes inclusive waiting time (“Inclusive Waiting Time”) for Passenger Services including in respect of each Passenger Services Booking.

   6. In relation to an Airport Booking, you can select the Driver or Chauffeur arrival time by entering your flight number at the time of the Booking. You may be entitled to the

      following airport inclusive waiting time (“Airport Inclusive Waiting Time”) applicable to the Passenger Services taken:

      Airport Inclusive Waiting Time	Passenger Service
      15 minutes for domestic flights and 30 minutes for	Select, Executive and First
      international flights.

      For example, and for illustrative purposes only:

      You are due to land at London Gatwick on an inbound international flight at 07.70 and you specify a collection time of 07.30. Your Booking includes, a grace period, Airport Waiting Time until 08.80. If your journey commences at 08.15, you will be charged 15 minutes’ waiting time in accordance with the Waiting Time Fees.

   7. In the event that you exceed the Inclusive Waiting Time and/or Airport Inclusive Waiting Time (as applicable), you shall pay for any additional waiting time thereafter, in addition to the Charges for the Booking. In relation to the Inclusive Waiting Time you will be liable to pay a Waiting Time Fee from the 6th minute onwards. In relation to Airport inclusive Time you will liable to pay a Waiting Time Fee from the 16th minute for domestic flights and/or from the 31st minute for international flights.

   8. Any waiting time in excess of the Inclusive Waiting Time and/or Airport Inclusive Waiting Time (as applicable) will be charged per hour, and payable in 1 minute increments, applicable to the Passenger Services taken, (“Additional Waiting Time”) as follows.

      1. Select Service waiting time : £35 per hour;

      2. Executive Service waiting time: £43.00 per hour;

      3. First Service waiting time : £43.00 per hour.

   9. Where you book a wait and return journey, there is no Inclusive Waiting Time between stops and Additional Waiting Time shall be payable at the rates set out in section 2.8(a)-2.8(c) inclusive (as applicable), in respect of waiting time accumulated between the stops.

   10. Drivers are unable to allow more than two minutes embarkation or disembarkation time in a Restricted Street. Where additional time is required, the Driver shall use best efforts to find a nearby convenient location for you or your Passengers to embark into the Vehicle and a Waiting Time Fee will be payable by you.

3. PASSENGER SERVICES SPECIFIC TERMS

   1. Airport Bookings. When making an Airport Booking you must provide the flight number. We use it to track your arrival time to calculate (i) Airport Inclusive Waiting Time; and (ii) Additional Waiting Time.

   2. Minors and Teenagers. We will not allow unaccompanied Minors to travel alone in a Vehicle. We will notify the Minor’s parent or guardian and/or relevant regulatory authority, in the event that we suspect a Minor is travelling unaccompanied and shall advise that the Booking cannot be completed without the Minor being accompanied. In exceptional circumstances and subject to the parent/guardian’s consent, we may allow Teenagers to travel unaccompanied, provided that when making a Booking for any unaccompanied Teenager, you inform us that an unaccompanied Teenager will be travelling. Where a Booking is accepted for an unaccompanied Teenager, we will not deviate from the Destination Address except in an emergency. We may, at our discretion, decline to accept such Booking and we shall not be liable to you or be deemed to be in breach of these Terms if we decline to accept such Booking. We do not accept any additional responsibility for any Minor, or Teenager, who travels unaccompanied in a Vehicle.

   3. Cycle-Select and Pet–Select+.

      1. You must inform us when making a Booking if you or any Passenger wishes the Vehicle to transport a bicycle or domestic animals. Guide dogs are not subject to this condition and may be carried without notifying us when making a Passenger Services Booking.

      2. Cycle-Select. Each Cycle-Select Booking must be for a maximum of one bicycle and is subject to availability of an appropriately-sized and -configured Vehicle. To the maximum extent permitted by law, none of the Driver or Fan Cars Ltd or each Fan Cars Ltd  accepts any liability for any daage caused to a bicycle when loading, in transit or unloading a bicycle into a Passenger Vehicle. You are fully responsible for and accept full liability for any damage caused (including damage in transit).

      3. Pet–Select+. A Passenger must be present in the Vehicle with the pet throughout the Booking journey. Each pet to be transported must be in an appropriate locked box or cage, or otherwise appropriately restrained. We will only accept a Passenger Services Booking for a domestic animal, such as a dog, cat or bird. You must not use the Pet-Select+ and/or any other Passenger Services for the carriage of livestock. Fan Cars Ltd and/or each Fan Cars Ltd Group Member, does not accept any liability for any damage to your pet during loading or unloading or throughout the provision of the Passenger Services.

      4. Performance of a Cycle-Select Booking and a Pet-Select+ Booking are at Fan Cars Ltd, an Fan Cars Ltd Group Member, the Driver or Chauffeur discretion. In the event Fan Cars Ltd, Fan Cars Ltd Group Member, the Driver or Chauffeur declines a Cycle Booking and/or Pet-Select+ Booking you should contact the customer relations team directly at  https://lavishchauffeurs.co.uk/ or on 02031890174.

      5. The Charges for a Pet-Select+ and/or Cycle-Select Bookings may be higher than other Bookings for other Passenger Services and will be communicated to you at the time you make the Passenger Services Booking. If you do not tell us beforehand that the Booking is for Cycle-Select and/or Pet-Select+ Passenger Services Booking then one of the following outcomes and the associated cost shall apply:

         Outcome:	You will pay:
         We, the Driver may cancel the Booking.	the Cancellation Fee.
         We, the Driver may agree to carry the bicycle or pet anyway (provided that the Vehicle is capable of, and is equipped to, transport the bicycle or domestic animal).	the Charges plus any applicable Additional Charges for carriage of the bicycle or domestic animal.
         We, the Driver may refuse to transport the bicycle or domestic animal and where you agree transport you and any Passengers only.	the Charges.
         We, the Driver may refuse to transport the bicycle or domestic animal and offer to make arrangements for another Vehicle to transport you and the bicycle or domestic animal.	The Cancellation Fee in respect of the first Booking, and the Charges (and any applicable Additional Charges) in respect of the Cycle-Select and/or Pet-Select Passenger Services Booking.

   4. Passenger Property. If you or any Passenger leaves any property in a Vehicle, we will not be responsible for such property. Where a Driver finds such property, we will use reasonable efforts to store the property for 28 days and you can contact us by sending an email to booking@lavishchauffeurs.co.uk with your booking number or journey information to have the property returned for which a charge may apply. After 28 days, we may return, sell, destroy or otherwise dispose of the property and we shall not be accountable to you for it.

   5. Passenger conduct.

      1. During the provision of any Passenger Services, you and all your Passengers must:

         1. not smoke, including electronic cigarettes;

         2. not play any musical instrument or broadcast any recorded music;

         3. not consume alcohol nor be intoxicated;

         4. wear a seatbelt at all times whilst in the Vehicle;

         5. not engage in excessive physical contact;

         6. not behave in a disorderly, inappropriate, threatening or abusive manner, or be a nuisance, distraction or a danger to the Driver or other road users;

         7. unload and load your own luggage (including any bicycle or pet). Drivers may assist at their discretion and at your sole risk; and/or

         8. not film or record inside the Vehicle at any time.

      2. If you and any of your Passengers do not comply with the above conditions, the Driver may refuse to commence or continue your Booking, and you shall be charged a Cancellation Fee.

      3. Drivers may, at their discretion, assist you or your Passengers needing assistance to enter or exit the Vehicle, but shall do so at your sole risk.

4. PASSENGER SERVICES CANCELLATIONS

   1. You may cancel a Passenger Services Booking for the provision of Passenger Services in the United Kingdom without charge in the following circumstances:

      Booking type	Circumstances	Time	Cancellation charges
      ASAP and Pre-Booked	A Driver or Chauffeur has not been allocated to the Passenger Services Booking	Pre-allocation	No charge
      ASAP	A Driver or Chauffeur has been allocated to the Passenger Servicer Booking and the arrival time is after the quoted estimated time of arrival.	Greater than 20 minutes	No charge
      		20 min or less	Up to 100% of the Charges
      Pre-Booked	A Driver or Chauffeur has been allocated to the Passenger Services Booking and the arrival time is after the Pre-Booked time.	Greater than 20 minutes	No charge
      		20 minutes or less	Up to 100% of the Charges
      Pre-Booked	A First Service in the UK has been booked, if the cancellation is made prior to booked pick-up time.	Greater than 4 hours	No charge
      		4 hours or less	Up to 100% of the Charges

   2. You acknowledge that if you change the Collection Address after the Driver or Chauffeur has been allocated, such Booking will be cancelled, and a new Booking will be made for the new Collection Address. You may therefore be liable for a Cancellation Fee and/or refund depending on the timing of the cancellation. Refunds are credited in accordance with section 2.3 above.

   3. Where you or your Passengers do not appear for the Passenger Services Booking, a Cancellation Fee shall be charged.

   4. Once a Vehicle has been allocated, subject to the location of the Collection Address, proximity of the allocated Vehicle to the Collection Address and available Vehicle at the time of the cancellation request, the cancellation fee shall be up to a maximum total of 100% of the quoted booking charge.

5. GENERAL OBLIGATIONS

   1. We will use reasonable efforts to ensure that we provides a Vehicle is in good working order and of the type you request when making the Booking. If the particular type of Vehicle requested is not available, a reasonable alternative Vehicle will be provided. While we shall use all reasonable endeavours to provide the Passenger Services within the timeframes indicated in the Booking, time shall not be of the essence.

   2. We shall be entitled to exercise a lien over any Goods and/ or property belonging to any Passenger until we receive full payment of any Charges and/or Additional Charges due to us.

   3. We shall be entitled to vary the Charges and Additional Charges from time to time.

6. PROHIBITED USE OF THE BOOKING CHANNELS

   1. You must not use our Booking Channels to do any of the following (each of which is strictly prohibited):

      1. restrict or inhibit any other user from using and enjoying the Booking Channels;

      2. infringe the privacy rights, property rights, or other civil rights of any person;

      3. harvest, data-mine or otherwise collect information about others, including email addresses, without their consent;

      4. use technology or other means to access our computer network, unauthorised content or non-public spaces;

      5. to use automated systems or software to extract data from our Site, our App or any platform that we operate;

      6. introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or otherwise or limit the Booking Channel’s functionality, or damage, disable or otherwise impair our servers or networks or attempt to do the same; or

      7. engage in or encourage others to engage in criminal or unlawful conduct or breach these Terms including misuse of the Booking Channels for unlawful or unauthorised purposes.

   2. You agree not to breach these Terms in any way which may result in, amongst other things, termination or suspension of your access to the Booking Channels. You agree to indemnify and defend Fan Cars Ltd and each Group Member and each of their respective directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use (or misuse) of the Booking Channels or any platform we may operate, or your breach of these Terms.

7. INTELLECTUAL PROPERTY

   1. All Intellectual Property Rights belonging to Fan Cars Ltd, including all related Intellectual Property Rights and moral rights to any modifications, derivative works, suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to those Intellectual Property Rights shall remain vested in Fan Cars Ltd.

   2. All Intellectual Property Rights in or to any Fan Cars Ltd brand or trade mark shall remain vested in Fan Cars Ltd and /or each Group Member. You may not use the Fan Cars Ltd trademarks or brands for any purpose without Fan Cars Ltd’s  prior written consent.

   3. All Intellectual Property Rights in or to the Booking Channels shall remain vested in Fan Cars Ltd.

   4. Where you use the Site or App to receive the Services, Fan Cars Ltd grants to you a royalty-free, non-exclusive, revocable, worldwide, non-transferable, non-sub licensable licence to use the Site and App for the sole purpose of receiving the Services.

   5. All Intellectual Property Rights in or arising out of or in connection with the Booking Channels and/or the Services shall be owned by Fan Cars Ltd (“Developments”). You shall assign to Fan Cars Ltd, or shall procure the assignment to Fan Cars Ltd of, all such rights (whether presently existing or to be created in the future) and agrees to execute, or procure the execution of, all documents reasonably necessary to give effect to Fan Cars Ltd’s title to the Intellectual Property Rights in Developments.

8. LIABILITY

   1. Nothing in these Terms will exclude or limit any liability:

      1. for death or personal injury caused by negligence;

      2. for fraudulent misrepresentation or for any other fraudulent act or omission;

      3. to pay sums properly due and owing in the normal course of performance of the Services and/or these Terms.; and/or

      4. for any warranty implied by law and/or for any other liability which may not lawfully be excluded or limited.

   2. Fan Cars Ltd is not liable to you whether for breach of contract, tort (including negligence), breach of statutory duty or otherwise) for any:

      1. loss of profit;

      2. loss of sales, turnover, revenue or business;

      3. loss of customers or contracts;

      4. loss of or damage to reputation or goodwill;

      5. loss of opportunity;

      6. loss of software or data;

      7. loss or waste of time; and/or

      8. indirect, consequential or special loss

      arising out of or relating to these Terms, whether or not such loss was foreseeable or if such loss was advised of its possibility (and, for the purposes of this section 11.2, the term “loss” includes a partial loss or reduction in value as well as a complete or total loss).

   3. Fan Cars Ltd shall not be liable or responsible for any errors in or failure to provide the Services due to your error or failure to provide accurate and complete information.

   4. Whilst we make every effort to ensure that the Booking Channels are available, we do not enter into any agreement to the effect that the Services and/or the Booking Channels will be available at all times or that the use by you of the Booking Channels will be entirely uninterrupted or error-free.

   5. Except as otherwise set out in this section 11 Fan Cars Ltd’s total liability to you and the Passenger together, arising out of or relating to these Terms and/or any Contract and/or the Services and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) shall be limited to the higher of the following:

      1. in relation to any Services provided pursuant to a Contract for all claims arising from, or in relation to, any given event or series of connected events, the amount of the Charges payable (whether or not yet paid) by you to Fan Cars Ltd or the relevant Fan Cars Ltd Group Member for that Contract; or

      2. in the aggregate under these Terms: £150 (one hundred-and-fifty-pounds sterling).

9. YOUR INFORMATION

   1. Our privacy notice sets out how we will use your information. You can view our privacy notice by visiting https:https://lavishchauffeurs.co.uk/privacy-policy/

   2. If your details change, you must update your Profile, in order to continue to use the Services.

   3. You can update your marketing preferences within your Profile on the Booking Channels.

10. MODIFICATION AND TERMINATION

    1. We may modify these Terms or terminate use of the Services, and/or the Booking Channels at any time by publishing such change on our website, https://lavishchauffeurs.co.uk/, or any other Booking Channel that we make available at our sole discretion. If you do not agree to any changes, you must stop using

       the Services and the Booking Channels. We reserve the right to change, suspend, terminate, discontinue and/or cease the operation of all or part of the Services and/or one or more (or all) of the Booking Channels (including for the avoidance of doubt any aspect of the Services and/or the Booking Channels) from time to time at our sole discretion.

11. SEVERABILITY

    1. If any provision of these Terms is deemed or becomes invalid, the validity of the other provisions shall not be affected.

12. FORCE MAJEURE

    1. We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from a circumstance not within our reasonable control. In such circumstances, we shall be entitled to a reasonable extension of the time for performing such obligations.

13. CONTRACTS (RIGHTS OF THIRD PARTIES)

    1. The Contracts (Rights of Third Parties) Act 1999 is excluded from these Terms SAVE AS set out in these Terms.

14. GOVERNING LAW AND JURISDICTION

    1. You agree that these Terms for all purposes, shall be governed by and construed in accordance with the laws of England and Wales. You also agree to submit to the exclusive jurisdiction of the courts of England and Wales as regards any claim or matter arising under these Terms.

ANNEX 1 ADDITIONAL CHARGES – PASSENGER SERVICES

1. Parking Fees

For all Passenger Services, entry and parking charges apply to the UK airports, shopping-centre carparks and railway stations at the amounts stated below:

2. All Intellectual Property Rights in or to any brand or trade mark shall remain vested in the owner of the relevant brand or trade mark and neither party’s trademarks nor brands shall be used by the other party for any purpose without the other party’s prior written consent.