TERMS & CONDITIONS

TERMS & CONDITIONS 2017-12-01T15:24:24+00:00

1. Subject

Last Minute Chauffeur (from now on referred to as “LMC”) has developed a Chauffeur Booking Website (from now on referred to as “Platform”) accessible at the web address www.southamptonairporttransfers.com.

These terms and conditions have the purpose of governing access to and the terms of use of the Platform. Please read them carefully. You understand and recognise that LMC is not party to any agreement, contract or contractual relations, of any nature, with its Members of the Platform.

By registering with an email address, you recognise having read and accepted all these general conditions of use.

2. Use of the Services

2.1. Booking a Journey

There are two methods a customer can book a journey on the LMC Platform:

  • (i) Call our phone number 02380 371940 and talk us through your requirements and we will get you scheduled in straight away.
  • (ii) Fill out the online booking form with your details and requirements; we will receive the journey at LMC HQ and have a confirmation email, SMS, and call back to you (usually) within a few hours.

Note: depending on our availability and for planning reasons the driver and car may not be confirmed until closer to the day of departure.

2.2.   Chauffeurs Subcontracting for LMC

As Chauffeur or Private Hire Driver and signed up member of the LMC community, and providing you fulfil the conditions below, you can put yourself forward to drive on behalf of LMC to ensure we meet our customer obligations.

You are only authorised to drive on behalf of LMC if you and any partners, staff and employees fulfil all the following conditions:

  • (i)  you hold a valid driving licence;
  • (ii) you hold the specialist Chauffeur/Private Hire insurance such as that offered by SEIB;
  • (iii) a valid operator’s license number.
  • (iv) a valid personal Chauffeur & license badge.
  • (v) a valid vehicle private hire number.
  • (vi)    you only offer journeys for vehicles you own and use in conjunction with point (1. v) above;
  • (vii)    you have no contraindication or medical incapacity for driving;
  • (viii)    the vehicle you intend to use for the Journey is a touring car with four wheels and a maximum of seven seats;
  • (ix)    you do not offer more Seats than the number available in your vehicle;
  • (x)    all Seats offered have a seatbelt, even if the vehicle is approved with seats having no seatbelt;
  • (xi)    to use a vehicle in good working order, no more than ten years old, is clean, well looked after, fits the “executive model” of LMC and complies with the applicable legal provisions and customs, notably with a current MoT certificate.

2.2.3.    Terms of use of the Services on behalf of a third-party

Any use of the Services, in the capacity of Customer or Chauffeur, relates to a specific name. The Chauffeur and the Customer must correspond to the identity communicated to LMC and the other Members participating in the Journey.

However, LMC allows its Customers to book one or more Seats on behalf of a third-party. In this case, you undertake to accurately indicate to the Chauffeur, immediately after the time of the Booking the names, age and telephone number of the person on whose behalf you are reserving a Seat.

Also, the Platform is intended for the Booking of Seats for individuals. It is forbidden to book a Seat solely for transporting any object, package, animal or material items whatsoever.

3. Financial Conditions

3.1.    Commission & Service Fees

In the context of Journeys with a Booking, in exchange for the use of the Platform and the generation of new business for the Chauffeur, LMC will take a small Commission from the driver on the final Price of the Booking.

All the Booking Prices shown on the Website and confirmed to the customer are gross figures and before any Commission has been applied. The Chauffeur should remember this when considering their potential income for a Booking.

LMC does not charge any Service or Membership Fees to its Members. The Price shown on the Platform is the Price paid.

LMC will take a commission of 10% on all Bookings.

3.2.    Methods of payment and repayment of the Cost Contribution to the Chauffeur

3.2.1.    Collection directive

In using the Platform as a Chauffeur for Journeys with a Booking, you confer on LMC a collection order for the sum of the Price in your name and on your behalf.

Consequently, in the context of a Journey with Booking, and after acceptance of the Booking, LMC shall collect the whole of the sum paid by the Customer.

The monies received by LMC are deposited into a holding account dedicated to the payment of the Chauffeurs.

You recognise and accept that none of the sums received by LMC in the name and on behalf of the Chauffeur gives entitlement to interest. You agree to respond diligently to any request of LMC, and more generally of any administrative or court authority competent particularly in the prevention or combating of money laundering. Notably, you agree to provide, upon simple request, any useful evidence of address and identity.

In the absence of response to these requests, LMC may take any measure it deems appropriate, notably freezing of the sums paid and/or suspension of your Account and/or termination of these T&Cs.

The exception to the rule is if the customer requests to pay cash on the day. In this instance, LMC will require a fee to be paid via a written invoice to the Chauffeur bearing the journey – this will be agreed in writing before any bookings being assigned.

3.2.2.    Payment to the Chauffeur

The Customers shall have a period of 24 hours after the end of the Journey to submit a claim on the Journey to LMC. In the absence of a claim of the Customers within this period, LMC shall consider the Journey Complete.

After a Journey is confirmed complete, the Chauffeur shall have a credit payable to their Bank Account. This credit corresponds to the total amount paid by the Customer at the time of confirmation of the Booking minus the applied LMC commission.

All credits generated from completed Bookings will be added together on a pro rata basis from the 21st day to the 20th day of every month. LMC will make payments (if any) for the qualifying period on the 28th of every month. If the 28th falls on a weekend, the payment will be processed on Friday before. The Chauffeur may send an invoice into

4. Commercial purpose of the Services and the Platform

As the Chauffeur, you recognise LMC as a Booking Agent, not an Operator, and you agree to use the Services and the Platform for generating new Bookings for a registered Chauffeur company. You shall not take any Bookings from the Platform if you do not have all of the following:

  1. UK Chauffeurs License
  2. Chauffeur / Private Hire Insurance
  3. Operators License Number
  4. Personal Chauffeur & License Badge
  5. Vehicle Private Hire Number

You agree to provide to LMC, on its simple request, a copy of the above-listed documents and any other document showing that you are authorised to use the vehicle saved on your profile in a Business capacity.

Once the Journey has been accepted, and the confirmation emails sent, you take full responsibility for fulfilling the Booking and ensuring the Customers safety during the Journey.

LMC reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of activity by you on the Platform which may suggest you are not operating within the boundaries set out above.

5. Cancellation policy

5.1.    Terms of repayment in the case of cancellation

Only Journeys with a Booking Confirmation are the subject of this cancellation policy; LMC does not offer any guarantee, of any nature, in the event of cancellation for any reason, by a Customer or a Chauffeur, of a Journey without a confirmed Booking.

The cancellation of a confirmed Booking by the Chauffeur or the Customer after the Booking Confirmation has been sent is subject to the stipulations hereunder:

–    In the case of cancellation owing to the Chauffeur, the Customer is refunded the whole of the sum paid for the Booking. This is notably the case when Chauffeur cancels a Journey or has not arrived at the meeting point 20 minutes after the agreed time. If LMC can assign the cancelled Journey to another Chauffeur the Journey will go ahead as planned and no refund will be paid out;

–    In the case of cancellation owing to the Customer:

  • If the Customer cancels more than 24 hours before the planned departure time as mentioned in the Booking Confirmation, the Customer shall be refunded in full. The Chauffeur does not receive any sum of any nature;
  • If the Customer cancels between 24 – 12 hours before the planned departure time as mentioned in the Booking Confirmation, the Customer shall be refunded half of the Booking Cost paid at the time of Booking, and the Chauffeur receives 50% of the Cost Contribution minus LMC’s Commission;
  • If the Customer cancels 12 hours or less before the planned departure time as mentioned in the Booking Confirmation, no refund shall be issued. The Chauffeur shall be compensated with the whole of the Cost minus LMC’s Commission;
  • If the Customer cancels after the planned departure time as mentioned in the Booking Confirmation, or if he has not arrived at the meeting place 20 minutes after the agreed time, no refund shall be issued. The Chauffeur shall be compensated with the whole of the Cost minus LMC’s Commission.

When cancellation occurs before departure and owing to the Customer, the Journey cancelled will once again reside in “Live Journeys” on the Platform and will automatically be made available again to other Customers who may book them online and they are accordingly subject to the conditions of these T&Cs.
LMC appreciates, in its sole discretion, by the available information, the legitimacy of the reimbursement requests.

5.2.    Right of withdrawal

You have no right of withdrawal from the time of Booking Confirmation provided the Contract between you and LMC consisting of putting you in contact with another Member has been fully executed.

6. Behaviour of users of the Platform and Members

6.1.    Undertaking of all users of the Platform

You recognise being solely responsible for respecting all laws, regulations and obligations applicable to your use of the Platform.

Furthermore, when using the Platform and during Journey’s, you undertake:

  • (i)    not to send LMC (notably upon creation or updating of your Account) or the other Members any false, misleading, malicious or fraudulent information;
  • (ii)    not to speak or behave in any way or post any content on the Platform of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances. Moreover, more generally contrary to the purposes of the Platform, that may infringe the rights of LMC or a third party or contrary to the right morals;
  • (iii)    not to violate the rights and image of LMC, notably its intellectual property rights;
  • (iv)    not to open more than one Account on the Platform and not to open an Account in the name of a third party;
  • (v)   not to try to bypass the online Booking system of the Platform, notably by trying to send another Member your contact details to make the Booking outside of the Platform and avoid paying the Commission;
  • (vi)    not to accept or make payment outside of the Platform
  • (vii)    to comply with these T&Cs and the .

6.2.    Undertakings of the Chauffeurs

Furthermore, when you use the Platform as Chauffeur, you undertake:

  • (i)    to respect all laws, regulations and codes applicable to driving and the vehicle, notably all of the following should be valid at the time of the journey:
  • UK Chauffeurs License
  • Chauffeur / Private Hire Insurance
  • Operators License Number
  • Personal Chauffeur & License Badge
  • Vehicle Private Hire Number
  • A valid Chauffeurs License

(ii)    to check that your insurance covers you and that your Customers are considered as third parties in your vehicle and are therefore covered by your insurance during the whole Journey;

(iii)    not to take any risk when driving, not to take any product that may impair your attention and your abilities to drive attentively and completely safely;

(iv)    to make the Journey as described in the Booking and to respect the times and places agreed with the Customer (notably meeting location and drop-off point);

(v)    not to take more Customers than the vehicle is legally permitted to facilitate;

(vi)    to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date MoT certificate;

(vii)    to communicate to LMC or any Customer who so requests your driving licence, your car registration certificate, your insurance certificate, your MoT certificate and any document demonstrating your capacity to use the vehicle as Chauffeur on the Platform;

(viii)    in the case of holdup or change to the time or the Journey, to inform your Customers, on their mobile phone, without delay;

(ix)    to wait for Customers at the agreed meeting place for at least 20 minutes after the agreed time;

(x)    not to post a Journey relative to a vehicle you do not own or that you are not authorised to use for Private Hire;

(xi)    to ensure you can be contacted by your Customers by phone via the number registered on your profile;

(xii)    not to have any contraindication or medical incapacity for driving;

(xiii)    to behave appropriately and responsibly during the Journey, and in compliance with the etiquette of Chauffeur Driven Travel;

(xiv)    not to disregard a Confirmed Booking in favour of one generated from other channels. Furthermore, if another Journey request comes in from another source you agree to take down your Listing on the LMC Platform (assuming it is not a Confirmed Booking) before accepting the alternative Journey;

(xv)    not to decline any Booking based on race, colour, ethnicity, national origin, religion, sexual orientation, marital status, disability, physical appearance, marital status, pregnancy, special vulnerability due to their economic situation, name, place of residence, health, political opinion, age.

(xiv)    not to decline any Booking based on race, colour, ethnicity, national origin, religion, sexual orientation, marital status, disability, physical appearance, marital status, pregnancy, individual vulnerability due to their economic situation, name, place of residence, health, political opinion, age.

6.3.    Undertakings of the Customers

When you use the Platform as Customer, you undertake:

  • (i)    to adopt appropriate behaviour during the Journey so as not to hinder the concentration or driving of the Chauffeur;
  • (ii)    to respect the Chauffeur’s vehicle and its cleanliness;
  • (iii)    in the case of a personal hold up, to inform the Chauffeur without delay;
  • (iv)   to wait for the Chauffeur at the meeting place for at least 20 minutes beyond the agreed time;
  • (v)    to communicate to LMC, or any Chauffeur who so asks, your identity card or any document evidencing your identity;
  • (vi)    not to carry during a Journey any item, goods, substance or animal that could hinder the driving and concentration of the Chauffeur.
  • (vii)    to ensure you can be contacted by your Chauffeur by phone on the number registered in your profile after the Booking is accepted and more specifically in the build-up to the collection time and date.

In the event where you have made a Booking for one or more Seats on behalf of third parties, in compliance with the stipulations of Article 4.2.3 above, you guarantee respect by this third party for the requirements of this article, and these T&Cs. LMC reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of breach by the third party on whose behalf you have booked a Seat under these T&Cs.

7. Suspension of accounts, limitation of access and termination

You can terminate your contractual relations with LMC at any time, without incurring any cost and without reason. To do this, simply email info@lastminutechauffeur.com with the subject “Close my account” your name, and we will remove you from our database.

In the event of (i) breach by you of these T&Cs, including but limited to your obligations as Member mentioned in Articles 6 and 8 above, (ii) if LMC has genuine reason to believe that this is necessary to protect its security and its integrity, that of the Members or third parties, or for prevention of fraud or investigations, LMC reserves the right to:

  • (i)    terminate the T&Cs binding you with LMC immediately and without notice; and/or
  • (ii)    prevent the posting of or remove any review, Journey, message, content, Booking request, or any content posted by you on the Platform; and/or
  • (iii)    limit your access and your use of the Platform; and/or
  • (iv)    temporarily or permanently suspend your Account.

When this is necessary, you will be notified of the establishment of such measure to enable you to give explanations to LMC. LMC will decide, at its sole discretion, whether or not to lift the measures put in place.

8. Personal data

In the context of your use of the Platform, LMC will collect and process some of your personal data. In using the Platform and registering as Member, you recognise and accept the processing of your personal data by LMC in compliance with the applicable law and the stipulations of the Privacy Policy.

9. Operation, availability and functionalities of the Platform

LMC shall try as far as possible to maintain the Platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without notice, owing to technical maintenance, migration or update operations, or owing to outages or constraints linked to the operation of the network.

Furthermore, LMC reserves the right to modify or suspend all or part of access to the Platform or its functionalities, at its sole discretion, temporarily or permanently.

10. Modification of the T&Cs

These T&Cs and the documents integrated by reference express the entire agreement between you and LMC relative to your use of the Services. Any other material, notably any mention on the Platform (FAQ, etc.), is for guideline purposes only.

LMC may modify these T&Cs to adapt to its technological and commercial environment and to comply with the legislation in force. We will publish any modification to these T&Cs on the Platform with mention of the date of effect, and you will be notified by LMC before it takes effect.

11. Applicable law – Dispute

These T&Cs are written in English and subject to English law.

For any questions, you can contact Last Minute Chauffeur using this contact page.

Version dated 31 October 2017