Terms & Conditions Of Trading

DEFINITIONS AND INTERPRETATION

We are finalizing the details for publication.

“Account” means a Customer account which has been opened by Addison Lee in respect of a particular Customer and which is identified by way of a confidential security number (the “Customer Account Number”) allocated to the Customer and under which Addison Lee extends credit terms to the Customer enabling such Customer to pay on a periodic basis, based on statements of account provided by Addison Lee (or as otherwise agreed under the Account agreement) and which may be designated as an Account, a Priority Account or a Priority Plus Account.)

“Account Booking” means a Booking that is: (i) made through an Account; and (ii) fulfilled by Addison Lee (as opposed to a Fulfilment Partner).

“Addison Lee” means American Limousine LLC dba Addison Lee (or such of its subsidiaries or associated companies which provides Services to Customers under these Terms).

“Addison Lee Cancellation Fee” means $59.00, plus tolls, recommended gratuity, Surface Transportation Charge (STC), and parking (if applicable).

“Airport Booking” means a Booking made to or from any airport in the continental United States.

“App” means the Addison Lee mobile application.

“Applicable Law” 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.

“Booking” means a booking made by a Customer for Services, howsoever communicated to us, as evidenced by our records.

“Business Day” means any day except Saturday, Sunday and any other day which in New York, NY is a legal holiday or a day on which banking institutions are closed.

“Card Payment” means payment in relation to a Booking by any means other than by cash or check or direct debit, including but not limited to credit card and debit card payments.

“Charges” 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 Addison Lee and the Customer (in each case as applicable).

“Collection Address” 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 or any Passengers.

“Contract” 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 Addison Lee); (ii) Non-Account Bookings (where Addison Lee 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 Addison Lee 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.

“Customer” and “You” means any person(s), firm or company which books Services.

“Data Protection Legislation” means all applicable legislation for the time being in force in the United States, Europe or the UK 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) (“GDPR”)) 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) (“ePrivacy Regulation”) 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 “personal data”, “process”, “data controller” and “data processor” shall have the meanings given in the applicable Data Protection Legislation.

“Destination Address” 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 or any Passengers.

“Driver” means any person who drives a Passenger Vehicle.

“Fulfilment Partner” means a third party private hire company.

“Minors” mean children of less than 14 years of age.

“Network Booking” means a Booking: (i) for Passenger Services; and (ii) that is fulfilled by a Fulfilment Partner.

“Non-Account Booking” means a Booking that is: (i) not made through an Account; and (ii) arranged by Addison Lee as agent for the Driver and is not fulfilled by a Fulfilment Partner, where the Customer pays by a Card Payment.

“Passenger(s)” means the Customer and such persons who the Customer shall authorize 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.

“Passenger Services” means the transportation of Passengers (together with any applicable luggage or bicycle) by a Passenger Vehicle.

“Passenger Vehicle” means any vehicle (including a motorcycle adapted for Passenger Services) used for the carriage of Passengers.

“Personal Data Breach” means the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to any Processed Data.

“Price List” 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.

“Priority Account” means an Account designated as a ‘Priority Account’ by Addison Lee.

“Priority Fee” 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.

“Priority Plus Account” means an Account designated as a ‘Priority Plus Account’ by Addison Lee.

“Processed Data” means personal data provided from the Customer to Addison Lee in relation to the Services.

“Restricted Street” means any location subject to any parking law or regulation prohibiting any Vehicle waiting during prescribed hours.

“Services” means: (i) Passenger Services; and (ii) any other services agreed in writing between us and the Customer from time to time.

“Supervisory Authority” 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.

“Terms” means these terms and conditions, as amended from time to time.

“Vehicle” means a Passenger Vehicle.

“Waiting Time Charge” means the following:

  • Sedan $14.75 per quarter hour
  • Van $22.25 per quarter hour
  • Stretch $22.25 per quarter hour
  • SUV $22.25 per quarter hour
  • Mini Bus $32.50 per quarter hour

“We”, “we”, “Our”, “our”, “Us” and “us” means: (i) in relation to Account Bookings, Addison Lee; 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.

“Writing” and “Written” means any written communication including email and SMS.

BOOKING TYPES [NOTE: DOES ADDISON LEE IN THE US DISTINGUISH BETWEEN THESE TYPES OF BOOKINGS?]

2.1 Account Bookings

2.1.1 Prior to making any Account Booking, the Customer must first open an Account with Addison Lee. 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 authorized 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 taxes (without set off or deduction), as invoiced by Addison Lee, within 30 days (or such shorter period as we in our absolute discretion notify to you) of the date of an invoice (the “Due Date”).

2.1.5 Payment shall be made by direct debit (which is Addison Lee’s preference) or alternatively by wire 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 we 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.

2.1.7 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 Addison Lee’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 [_____] per booking on the Charges payable for Passenger Services booked via Addison Lee’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 from 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 Addison Lee’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 [____] per booking on the Charges payable for Passenger Services booked via Addison Lee’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, for any reason 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 Addison Lee 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. Addison Lee shall be entitled to assume conclusively that all changes and/or restrictions made to an Account by a Customer have been authorized by the Customer and Addison Lee 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. Use of the manager portal shall constitute an agreement by the Customer to indemnify Addison Lee against all liabilities, costs, damages, claims and losses suffered or incurred by Addison Lee arising out of or in connection with any changes and/or restrictions placed on an account using the manager portal (including, without limitation, attorneys’ fees and costs).

2.2 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 by way of Card Payment, which will be processed by a third party payment processor on the Driver’s behalf. Where applicable, taxes will 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. 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. Such final receipt shall replace the earlier confirmation. In the event that there are no such additional charges, the original confirmation shall serve as the Customer’s receipt. If an attempted Card Payment is declined, we reserve the right to recover the relevant amount via any alternative payment method the details of which have previously been notified to us by the Customer.

2.3 Network Bookings

2.3.1 In the case of Network Bookings, Addison Lee 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 Addison Lee 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. Where applicable, taxes will be added to such Charges.

2.3.3 Addison Lee will inform you when a Booking for Passenger Services will be fulfilled by a Fulfilment Partner (and is therefore a Network Booking) 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.

PASSENGER SERVICES

3.1 Passenger Services – 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 “Quoted Journey”). 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 Addison Lee 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. The currently hourly rates are:

  • Sedans $ 59.00
  • Van $ 79.00
  • SUV $ 89.00
  • Mini Buses** Call for quote
  • Motor Coaches Call for quote

There is a 2-hour minimum on hourly vehicles. A 20% recommended gratuity is added to all sedan, van, stretch limousine and bus reservations, plus fuel surcharge, tolls, parking and Surface Transportation Charge (STC).

We reserve the right to change the hour rates at any time without notice.

3.1.2 No charges shall apply to a Passenger Vehicle Booking which You cancel at least one hour prior to the pre-booked arrival time. Save as expressly set out above in this clause 3.1.3, the Addison Lee Cancellation Charges shall apply to all Bookings cancelled within 1 hour of the pre-book arrival time.

3.1.3 Out of town reservations, as well as inclement weather, require a minimum of two-hour prior notification, or a minimum of three hours for specialty vehicles, when cancelling a reservation, failing which the Addison Lee Cancellation Charges apply. There is a 24-hour cancellation policy on mini-buses. There is a 72-hour cancellation policy on motor coaches.

3.1.4 In relation to the collection of any Passenger(s) for an Airport Booking, we will allow 60 and 30 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 30 or 60 minutes (as the case may be) waiting time. For the purposes of this clause the “last known estimated arrival time” 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 30 or 60 minutes (as the case may be) waiting time shall commence. After expiry of the 30 or 60 minutes (as the case may be) waiting time, we reserve the right to charge the Customer an applicable Waiting Time Charge.

3.1.5 Subject to Clauses 3.1.4 above 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 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 deviate 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.

3.1.7 In the event that the Customer or any Passenger requires us at any time to make an additional stop the following additional fee will be charged:

  • Same town $10.00
  • Same County $20.00
  • Different County $35.00
  • NYC $35.00

3.1.8 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).

3.1.9 There is a $25.00 surcharge for service scheduled on major holidays which include: New Years Eve, New Years Day, Easter Sunday, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day.

3.1.10 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 Customer’s requirement to carry a bicycle in the Passenger Vehicle.

3.1.11 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 3.1.10 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.

3.1.12 In the circumstances set out: (a) in clause 3.1.11(a) above, an Addison Lee Cancellation Fee shall be payable by the Customer; (b) in clause 3.1.11(b) above, additional charges shall be payable by the Customer for the carriage of the bicycle; (c) in clause 3.1.11(c) above, if the Passenger declines to use the Vehicle without the bicycle, an Addison Lee Cancellation Fee shall be payable by the Customer; and (d) in clause 3.1.11(d) above, the Customer shall be deemed to have (i) cancelled the original Booking and an Addison Lee Cancellation Fee shall be payable; and (ii) made a new Booking for the carriage of the Passenger and the bicycle.

3.1.13 Fuel Surcharge

Please find below a grid for the fluctuations in fuel:

$4.00-$5.00 Per gallon Surcharge = $7.00

$5.00-$6.00 Per gallon Surcharge = $8.00

Prices are based on Department of Energy weekly U.S. Regular Reformulated Retail Gasoline published at www.eia.doe.gov.

3.1.14 Vans, SUVs and stretch limousines are available at private sedan rates plus a $60.00 surcharge.

3.1.15 Chauffeur Gratuity. It is customary to tip the chauffeur for services rendered. As a convenience to our clients, a recommended 20% gratuity, paid 100% to the chauffeur is added to your charges. Chauffeur gratuity is at your discretion, and you may increase, decrease or eliminate the gratuity entirely. Chauffeurs understand that gratuities are earned by providing outstanding service, and that the actual amount received is always up to the client.

3.1.16 Infant/Baby Car Seats: A $25.00 handling fee will be charged for the pick-up/drop-off and storage of infant/baby car seats per reservation.

3.1.17 Late Night/Early Morning Surcharge: There is a $25.00 surcharge for service scheduled between 12:00 AM and 4:59 AM.

3.1.18 In the event Customer fails to appear at the Collection Address, Customer will be charged the full rate plus tolls, the recommended gratuity, Surface Transportation Charge (STC), and parking (if applicable).

3.2 Passenger Services – 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 Customer’s requirement to carry an animal in the Passenger Vehicle, and to charge the Customer the relevant cancellation fee under these Terms. Service animals 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/guardian’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 Addison Lee Cancellation Fee. We are committed to providing Services in accordance with the Americans with Disabilities Act. We may assist any Passenger who is not capable of boarding a Passenger Vehicle unaided, at our sole discretion but at the Passenger’s risk.

3.2.12 We may charge reasonable repair or cleaning charges plus [___] 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 our 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).

3.3 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.

3.4 Airport Arrivals

3.4.1 Domestic Flights: All airports - Meet chauffeurs in the baggage claim area.

3.4.2 International Flights: Meet the chauffer outside customs area. If you do not see the driver, please call our service center and one of our agents will assist you in locating your chauffer.

3.4.3 In the case of a corporate or private charter carrier we require the name of the corporation or private charter carrier, the location in the airport, and the plane’s tail number to ensure a proper pick-up.

3.5 Train Station Pick Ups

3.5.1 Due to parking and security reasons – passengers can locate their driver using the mobile app otherwise they must call our office to advise that their train has arrived. Our service center agents will have the driver come around to greet you.

GENERAL

Please note that clause 4 applies to all Passenger Services, whether performed in relation to Account Bookings, Non-Account Bookings or Network Bookings.

4.1 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 request services and your Booking constitutes an offer to Contract for Services (to Addison Lee, the relevant Driver or the Fulfilment Partner, as applicable) which Addison Lee, 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.

4.2 By accepting these Terms, you are also accepting the terms of our privacy policy, which can be found at https://www.addisonlee.com/privacy-policy. Our privacy policy sets out details of how we use the personal information you provide to us. We only use your personal information in accordance with our privacy policy.

4.3 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.

4.4 We shall be entitled to vary the Price List from time to time at our discretion and without prior notice.

4.5 We may, in our absolute discretion, decline to accept any Booking for any reason which does not violate applicable law.

4.6 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 property shall be delivered within the Customer’s stipulated time period (if any) and/or within any time period stated by us.

4.7 Passenger(s) and any luggage and bicycle and any personal items 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 may be within 2 minutes of the later of: (i) the arrival of the Passenger 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 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 Addison Lee Cancellation Fee.

4.8 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.

4.9 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 (including, without limitation, attorneys’ fees and costs).

4.10 The Customer shall be liable for any damage caused by Passengers to any Passenger Vehicle.

4.11 Subject to the following provisions of this clause 4, 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:

4.11.1 in relation to the Services, our liability shall not exceed $___ with respect to any claim or incident, irrespective of the cause or basis for such claim;

4.11.2 in the case of lost or damaged property our liability shall not exceed [___] and the Customer shall indemnify us against any Passenger claiming sums in excess of such limits.

4.12 To the maximum 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, to our knowledge, have at least the minimum insurance cover required in the third party’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.

4.13 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 Passenger’s luggage or bicycle or personal effects.

4.14 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 CATEGORIZED AS DIRECT OR INDIRECT OR ANY INDIRECT, INCIDENTAL, SPECIAL, 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) PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

4.15 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.

4.16 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.

4.17 The performance of either party under this Agreement, other than the payment obligations of Customer, may be suspended to the extent and for the period of time that such party is prevented or delayed from fulfilling its obligations due to causes beyond its reasonable control and which by the exercise of reasonable diligence such party is unable to prevent, (including, without limitation, restrictions imposed by civil or military authority, law or regulation, strikes or other labor disturbances; fires; floods; epidemics; wars; or riots).

4.18 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.

4.19 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 amount of the claim within fourteen (14) days of the occurrence of the circumstances giving rise to the claim.

4.20 The Customer acknowledges that the limitations on our liability as set out in this clause 4 are fair and reasonable in the circumstances and have been taken into account and reflected in the level of the Charges.

4.21 To allow us to provide the Customer with the best possible service, we may use location-based services. Information that we collect from the Customer through the use of these services shall be collected and stored in accordance with the terms of our privacy policy. By accepting these Terms the Customer consents to our use of location-based services. The Customer can withdraw its consent at any time. The accuracy of our location-based services may vary depending on the Customer’s location and whether the Customer is in a rural or urban environment. We reserve the right to suspend or terminate the location based services at any time.

4.22 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.

4.23 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.

4.24 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 Addison Lee) at its principal place of business or such other address as may at the relevant time have been notified as that party’s address for service. Any notice served by email shall be deemed delivered immediately and by certified mail shall be deemed delivered on the second business day following deposit in the mail.

4.25 The parties acknowledge that the covenants set forth in this Agreement are intended solely for the benefit of the parties, their successors and permitted assigns. Nothing herein, whether express or implied, will confer upon any person or entity, other than the parties, their successors and permitted assigns, any legal or equitable right whatsoever to enforce any provision of this Agreement.

4.26 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.

4.27 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.

4.28 We reserve the right to amend these Terms from time to time. Notice of amendments to these Terms shall be posted on Addison Lee’s website.

4.29 This Agreement is deemed to be made under and shall be interpreted in accordance with the laws of the State of New Jersey without regard to principles of conflict of laws. The parties consent to the exclusive jurisdiction of the Superior Court of New Jersey, Bergen vicinage, or, if jurisdiction can be had, to the Federal District Court for the District of New Jersey located in Newark, New Jersey, with respect to any matter arising under or related to this Agreement.

If you are a firm or a company booking Services through us, the data protection terms set out at clauses 4.30-4.39 (inclusive) apply:

4.30 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 authorized to respond from time to time to enquiries regarding personal data.

4.31 Subject to clause 4.37, Addison Lee: (a) acknowledges that, in respect of Processed Data, as between the parties, it acts as a processor; and (b) shall ensure that all Addison Lee personnel who have access to and/or process Processed Data are obliged to keep the personal data confidential.

4.32 From the date the GDPR enters into legal force and effect in the United Kingdom, and subject to clause 4.37, Addison Lee:

  1. shall only process Processed Data in accordance with this Agreement and the Customer’s instructions as set out in this Agreement and as issued from time to time (“Processing Instructions”) which the Customer shall ensure are compliant with the Data Protection Legislation).For the avoidance of doubt, these Terms constitute the Customer’s instructions to Addison Lee, and Addison Lee is further instructed to:
    1. process personal data to communicate directly with data subjects for the purpose of providing and promoting the Services;
    2. 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;
    3. process personal data to communicate directly with data subjects for the purpose of requesting that data subjects participate in surveys to improve customer experience;
  2. 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);
  3. shall inform the Customer if Addison Lee becomes aware of a Processing Instruction that, in Addison Lee’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;
  4. shall provide reasonable cooperation and assistance to the Customer in ensuring compliance with:
    1. the Customer’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;
    2. the Customer’s obligations set out under Articles 32 – 36 of the GDPR to:
      1. ensure the security of the processing;
      2. notify the relevant Supervisory Authority and any data subjects, where relevant, of any Personal Data Breach;
      3. carry out any data protection impact assessments (“DPIA”) on the impact of the processing on the protection of Processed Data; and
      4. 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;
  5. notify the Customer without undue delay on becoming aware of a Personal Data Breach in respect of Processed Data processed under this Agreement;
  6. shall make available to the Customer all information reasonably required by the Customer to demonstrate Addison Lee’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;
  7. 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 Addison Lee 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
  8. 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.

4.33 The provision of the Services may require the transfer of personal data to countries outside the EEA from time to time. Subject to clause 4.35, Addison Lee 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.

4.34 Customer hereby grants to Addison Lee general authorisation for sub-processing (including, without limitation, Group Members), provided that: (a) Addison Lee and the sub-processor enter into a contract on terms substantially as protective as this clause; (b) Addison Lee shall keep Customer informed 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 Addison Lee of its objections in writing within 7 calendar days of Addison Lee’s notification; and (c) Addison Lee shall remain fully liable to the Customer for the performance of the sub-processor’s obligations.

4.35 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.

4.36 If and to the extent, Addison Lee is a data controller in relation to personal data collected under this Agreement, Addison Lee shall comply with the applicable provisions of the Data Protection Legislation.

4.37 The Customer may provide Addison Lee 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 Addison Lee.

4.38 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 Addison Lee and, if relevant, any of the Fulfilment Partners.

ANNEX 1

PROCESSED DATA

For the purposes of clauses 5.30-5.38 (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, driver’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 services and 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.