Willsson& Co ltd, 450 Bath Road, UB7 0EB (hereinafter referred to as “Chauffeur Force”) enables its Users to book travel services over its online platform, through the association with other online platforms, as well as through the applications for mobile devices (“Apps”, all products together, “CF SERVICES”). The service of Chauffeur Force is made up only by the arrangement of an entitlement to carriage for a User over a transportation service provider (“CHAUFFEUR FORCE”) as an intermediate, and not in the provision of the travel service itself.
These Terms and Conditions (hereinafter referred to as “Terms”) are part of every agreement between Users with the arrangement of a travel service by Chauffeur Force. They also describe in detail the travel services which are offered through the direct entitlement created by Chauffeur Force between the User and the CHAUFFEUR FORCE.
Deviations from the User Terms, even in the case of letters of confirmation and unreserved services, are hereby rejected. Only if the management of Chauffeur Force has expressly agreed in writing, does this not apply.
Chauffeur Force provides the travel services presented by the CF SERVICES neither itself nor through third parties. Chauffeur Force arranges for the User simply an entitlement to carriage over a CHAUFFEUR FORCE independent of Chauffeur Force.
Therefore, Chauffeur Force makes the necessary arrangements with the CHAUFFEUR FORCE in its own name, which provides the User with an entitlement to carriage over the CHAUFFEUR FORCE ("Third-Party Beneficiary", also called "Contract of Carriage for the Benefit of the User"). Consequentially, Users are entitled to demand travel services and other claims directly from the CHAUFFEUR FORCE.
The User uses Chauffeur Force only as an intermediate or an arranger and not as a transport service. The compensation claim of Chauffeur Force is made up of arrangement fees as well as the advance payment made by Chauffeur Force to the CHAUFFEUR FORCE.
By submitting a completed booking form via the CF SERVICES or by telephone (“Ride Request” of the User) to Chauffeur Force the User makes an offer for the conclusion of an arrangement agreement. The object of this agreement is the arrangement of the travel service to meet the User’s Ride Request.
Chauffeur Force next sends the User an email confirming the receipt of the ride details for the travel service which is to be arranged. Through this, Chauffeur Force confirms only the receipt of the User’s Ride Request.
The arrangement agreement between Chauffeur Force and the User for the requested travel service comes into effect only through a separate statement ("Booking Confirmation") by Chauffeur Force per email. The User themselves is then entitled to demand the transportation services from the CHAUFFEUR FORCE directly as well as to make further claims directly against the CHAUFFEUR FORCE.
It is the User’s responsibility to ensure that all information that they, or someone else on their behalf, have provided to Chauffeur Force is complete and accurate.
Registration using automated methods is prohibited.
Under Paragraph 4 described details of the User’s Ride Request (collectively, "Travel Arrangements"), the User can only make demands to the CHAUFFEUR FORCE, if they are agreed upon in the arrangement agreement with Chauffeur Force.
The following conditions apply to the Chauffeur Force-arranged entitlement to carriage of the User directly over the CHAUFFEUR FORCE:
The User can choose between transfer rides and hourly bookings for their Ride Request. If, according to the express wishes of the User, or passenger, the actual Ride Request requires additional effort compared to the original Ride Request, the CHAUFFEUR FORCE should carry this out where possible. The extra effort may result in additional costs for the individual arrangement (for more details see Paragraph 5 below).
Changes in Travel Arrangements are subject to the availability of the CHAUFFEUR FORCE and can be made by the User, or the passenger, even after conclusion of the contract in accordance with Paragraph 5 and the payments described therein.
In the case of transfer services the price quoted is valid for a start and destination address. An additional fee, according to the current price structure (see Paragraph 5 below), accrues per stopover on the direct route.
For hourly bookings, the trip must always end in the municipal area of the pickup location. An hourly booking always starts at the pickup time confirmed upon booking.
The User can choose from different vehicle classes (e.g. “E- CLASS" ,"V- CLASS”, or "S- CLASS") for their Ride Request.
The vehicle images shown in the CF Website are only illustrative examples. These are not connected with any right to a particular vehicle model for the booked vehicle category - regional differences are especially possible.
Subject to availability, an upgrade from the vehicle class "Business Class" to a higher vehicle class (such as "Business Van" or "First Class"), at no additional cost to the User, may be possible.
The price given in the Booking Confirmation includes the number of pieces of luggage specified on the booking form. Excess luggage, bulky luggage, or the transportation of animals not stated as an additional comment upon booking could lead to corresponding surcharges; the arrangement fee will also be higher, as stated in the Booking Confirmation (see Paragraph 5 below).
The CHAUFFEUR FORCE reserves the right to refuse the carriage of luggage and/or animals which was/were not agreed to. This also applies to animals which are not contained in a closed and suitable transport box.
CARRIAGE OF CHILDREN
The need for safety seats for children should be requested by the User as an additional comment by specifying the number and age of children to be transported as well as the required type of seating.
INFORMATION ON NUMBER OF PASSENGERS AND PIECES OF LUGGAGE
The maximum number of passengers and pieces of luggage specified for a particular vehicle is an estimate based on factors such as size and weight of passengers and luggage. These are therefore not binding.
The CHAUFFEUR FORCE can refuse the carriage of passengers or luggage if they believe they compromise the space and safety conditions.
PREVENTION OF CARRIAGE
The CHAUFFEUR FORCE reserves the right to refuse carriage if compelling (for example under applicable laws) requirements under Paragraph 4.3 were not at all, or not correctly, communicated by the User as an additional comment.
If, due to this, carriage is not possible, this has no influence on the payment of Chauffeur Force through the arrangement agreement with the User for the transportation booked.
Exceptional situations such as air-traffic controller strikes, extreme weather conditions, etc. can be compensated only to a limited extent, meaning that longer waiting periods or last-minute cancellations must be accepted by Users.
(A) TRANSFER SERVICES
For transfer services, cancellation is free of charge if the CHAUFFEUR FORCE has not yet set off for the pickup location or over an hour is left before the agreed pickup time. In all other cases, the full arrangement fee is payable to Chauffeur Force. A cancellation can only be done by using our Website.
(B) HOURLY BOOKINGS
For hourly bookings, cancellation is free of charge if over 24 hours lie between the cancellation and the agreed pickup time. If less than 24 hours but over 1 hour lie between the cancellation and agreed pickup time, 50% of the total price (or appropriate reimbursement of expenses for the activities carried out by Chauffeur Force) is to be paid, provided the CHAUFFEUR FORCE has not yet set off for the pickup location. If the cancellation is made less than 24 hour before the agreed pickup time, the total price is payable. A cancellation can only be done by using ourWebsite or Telephone.
Changes to bookings are generally treated as new bookings. The policy for dealing with cancellations (see Paragraph 4.5.1 above) therefore apply to the ride originally agreed upon. A compensation claim by Chauffeur Force for the originally agreed ride may be made accordingly.
In case of a no-show without cancellation, the User loses their entitlement to carriage over the CHAUFFEUR FORCE, however this does not affect the compensation claim of Chauffeur Force towards the User.
(A) TRANSFER SERVICES
A ride is considered a no-show if the User, or passenger, has not shown up without cancellation within 30 minutes after the agreed pickup time at the agreed pickup location. If a customer does not show up, the ride must be paid for in full, whereas possible surcharges for waiting time do not apply.
For airport or train station (only long-distance train stations) pickups the ride is considered a no-show when the User, or passenger, has not shown up without cancellation within 60 minutes after the agreed pickup time at the agreed pickup location, at which flight and train delays or earlier flights and trains lead to a deferral of the scheduled pickup time by the planned period of time between the planned arrival time and the original pickup time. If a customer does not show up, the ride must be paid for in full, whereas possible surcharges for waiting time do not apply.
From this rule situations are excluded in which the CHAUFFEUR FORCE and the passenger have agreed on a later pickup time by phone. Possible surcharges for waiting time have to be remunerated as described under Paragraph 5.3.1. Generally, the passenger is not entitled to change the pickup time.
(B) HOURLY BOOKINGS
A ride is considered a no-show if the User, or passenger, has not shown up without cancellation after the expiration of the hours booked after the agreed pickup time at the agreed pickup location. If a customer does not show up, the ride must be paid for in full.
For airport or train station (only long-distance train stations) pickups the ride is considered a no-show when the User, or passenger, has not shown up without cancellation after the expiration of the hours booked after the agreed pickup time at the agreed pickup location, at which flight and train delays or earlier flights and trains lead to a deferral of the scheduled pickup time by the planned period of time between the planned arrival time and the original pickup time. If a customer does not show up, the ride must be paid for in full.
From this rule situations are excluded in which the CHAUFFEUR FORCE and the passenger have agreed on a later pickup time by phone. An hourly booking always starts at the pickup time confirmed upon booking as described under Paragraph 4.1.2. In consequence possible extensions of the hourly booking have to be remunerated as described under Paragraph 5.2. Generally, the passenger is not entitled to change the pickup time.
The following behavioural standards apply to the User when traveling with the CHAUFFEUR FORCE:
During the entirety of the ride, all passengers must follow the regulations which apply to the relevant Road Traffic Act, especially the seatbelt regulations. Any instructions given by the CHAUFFEUR FORCE must be followed. It is the responsibility of the CHAUFFEUR FORCE to ensure a safe ride. It is therefore prohibited for passengers to open the doors while driving, throw any objects from the vehicle, and/or stick body parts out of or shout from the vehicle. If the User wishes to use any of the devices or facilities in the vehicle, a brief instruction is required from the CHAUFFEUR FORCE.
Smoking is prohibited in the passenger part of the vehicle. If the User, or passenger, ignores this, they are liable to pay not only the cost for the cleaning of the vehicle but also compensate the loss of business due to the downtime of the vehicle.
The consumption of food is discouraged. Alcoholic drinks are only allowed to be consumed in the car with prior consent.
WAITING TIMES FOR TRANSFER SERVICES
For transfer services, no surcharges are applied in the case of airport or train station (excluding long-distance train stations) for a waiting time of up to 60 minutes after the agreed pickup time, at which flight and train delays or earlier flights and trains lead to a deferral of the scheduled pickup time by the planned period of time between the planned arrival time and the original pickup time, and up to 15 minutes from the agreed pickup time in all other cases. Each additional minute of waiting time will be calculated as a flat-rate, including VAT, according to the hourly booking prices of the particular municipal area as well as the vehicle category.
ADDITIONAL KILOMETERS FOR HOURLY BOOKINGS
Hourly bookings contain the Miles(per hour) that are stated on the booking form (or by phone). Any additional Milesare subject to surcharge, including VAT, and are calculated according to the price per Milesof the particular municipal area as well as the vehicle category.
Chauffeur Force is liable for damage caused by Chauffeur Force or their vicarious agents or subcontractors either intentionally or due to gross negligence. The CHAUFFEUR FORCE as well as all drivers employed for the travel service are neither vicarious agents nor subcontractors of Chauffeur Force. Rather, Chauffeur Force arranges, for the User, a direct entitlement to carriage over a CHAUFFEUR FORCE.
In case of damage caused by simple negligence, Chauffeur Force is liable only for breach of fundamental contractual obligations and for foreseeable and typical damage. Fundamental contractual obligations are those which, when fulfilled, enable the proper execution of the contract and upon which the User can rely.
Limitation of liability does not apply in the context of an express guarantee of condition and quality, in case of intentional harm to life, body, or health, as well as claims under the Product Liability Act.
Chauffeur Force is not liable for the accuracy, reliability, completeness, or timeliness of the free content and programs which are distributed under the name of CF SERVICES, nor for any damage arising therefrom, except to the extent that such damages are caused intentionally or by gross negligence by Chauffeur Force. This applies to all kinds of damage, especially damage caused by errors, delays or interruptions in the transmission, or problems with technical equipment and service, incorrect content, omissions, loss or deletion of data, viruses or in any other way due to the use of this online offer. Furthermore, Chauffeur Force is not liable for the availability and efficiency of the features offered.
Chauffeur Force accepts no responsibility for the content, accuracy, legality and functionality of third-party websites which are referred to through links. Accessing these pages through hyperlinks is done at the risk of the User.
Chauffeur Force accepts no responsibility for ensuring that the information provided is accurate and complete nor that it reaches the User or driver in time. This does not apply to content in the Booking Confirmation.
Chauffeur Force is not liable for disruptions to the quality of access to the CF SERVICES due to excess force or due to events which Chauffeur Force is not responsible for, in particular the failure of communication networks and/or gateways. Chauffeur Force makes no guarantee that the website will function uninterrupted or error free, nor that any errors will be corrected.
The User releases Chauffeur Force of all claims and expenses, including appropriate attorney’s fees, levied against Chauffeur Force by a third party for any use of the CF SERVICES by the User which violates the contract or is a breach of these Terms.
These Terms are the entire agreement between Chauffeur Force and the User for the service. Subsidiary agreements do not exist. Changes and additions to this agreement must be in written form, digital form is not sufficient; the same applies to changes or additions to this written-form requirement.
Chauffeur Force reserves the right to change these Terms. Notification of the change is made as a unilateral declaration by publishing the new Terms on the website of Chauffeur Force and informing Users of this. If the User does not object to the new Terms within 14 days of the information being published, the new Terms then apply to the User. Continued use of Chauffeur Force’s services is then dependent on the acceptance of the Terms by the User.
The User may only offset against undisputed or legally determined counterclaims against Chauffeur Force. This also applies to the User's notice of defects.
The User may only exercise a right of retention, if their counterclaim is derived from the same contractual relationship.
The assignment of the User's claims from the contractual relationship against third parties without the written consent of Chauffeur Force is excluded.
For all legal relationships between Chauffeur Force and the User the law of the Public Carriage Office is applicable to domestic business is effective.
Place of fulfilment is London.
Exclusive place of jurisdiction is London, insofar as the User is a merchant according to the Commercial Code, or, upon suing, has no fixed place of residence in London. Legally binding jurisdictions remain unaffected.
If any provisions of these Terms prove invalid, unenforceable, or contain loopholes, the remaining provisions remain in effect. The parties are obliged to replace the invalid, illegal, or unenforceable provisions with ones that come closest to the meaning and economic purpose and the intent of the parties.