Terms and conditions for the distance (telephone and online) supply of consumer services by Airport Concierge London Limited.
1.1 What these terms cover. These are the terms and conditions on which we supply airport concierge services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Defined terms. In these terms, the following definitions apply: –
“Booking”: means a request for services which have been accepted by us.
“Confidential Information“: means these terms and all commercial or proprietary information of a confidential nature disclosed (by any means and whether directly or indirectly) by us to you or you to us, including but not limited to information relating to know-how, trade secrets or business affairs, whether disclosed.
“Charges”: mean the prices of the services stated on our website or in our price list, as amended from time to time.
“Client”: or “you”: means the person who books our services.
“Customer”: means the passengers travelling and using our services (which may or may not include you).
“Data Protection Legislation”: means (whilst they are in force):
(a) the Data Protection Act 1998;
(b) the EU General Data Protection Regulation (“GDPR”); and
(c) any successor legislation to the Data Protection Act 1998 or the GDPR and any other applicable laws and regulations relating to the processing of personal data and privacy.
“Personal Data”, “Data Controller”, “Data Processor”, “Data Subject” and “Process” are as defined in the Data Protection Legislation.
“Force Majeure Event”: means any event beyond our reasonable control.
“IP Rights”: means patents, copyright, trademarks, design rights and all other intellectual property rights, whether registered or unregistered.
“Services”: means the services listed on our website from time to time.
2.Information about us and how to contact us
2.1 Who we are. We are Airport Concierge London Limited a company registered in England and Wales. Our company registration number is 09508400 and our registered office is at 1st Floor, Strata House, Harlington, Hayes, Middlesex, UK, UB3 5JJ. Our registered VAT number is 237 7231 06
2.2 How to contact us. You can contact us by telephoning our customer service team on [0044 0203 196 7024] or by writing to us at [administration@DiamondAirInternational.com] AND 1st Floor, Strata House, Harlington, Hayes, Middlesex, UK, UB3 5JJ.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.Our contract with you
3.1 All Customers must have a flight reservation before making a booking with us.
3.2 Booking request must be made using our on-line booking system on our website: www.airportconcierge.com or by email to email@example.com.
3.3 Bookings can be made for up to 10 Customers per booking, travelling together on a single departing, arriving or transferring flight at your chosen destination. For group booking of 11 or more, please contact our sister company, DiamondAir International [firstname.lastname@example.org]
3.4 All bookings should be made not less than seventy-two hours before the service is required to begin. Bookings made or changed after this will be subject to a late booking fee in accordance with our then list prices (see our website).
3.5 If a Customer arrives at the airport with an unannounced Customer, who is not listed in the original booking, we may refuse that Customer access to our services. At our sole discretion, we may provide services for the additional Customer, subject to you paying our charges for an additional Customer and our late booking fee.
3.6 Bookings which are made for services to be provided on a public holiday in the relevant country in which the services are to take place, will be subject to a surcharge, at the rate stated on our website from time to time.
3.7 How we will accept your order. Our acceptance of your order will take place when we email you to accept it or during our telephone conversation (confirmed by email), at which point a contract will come into existence between you and us. If you wish us to supply the services before the end of any applicable cancellation period, you must make an express request in a durable medium, such as an email.
3.8 If we cannot accept your order. If we are unable to accept your order, we will inform you of this.
3.9 We will only be obliged to provide direct contact information for our representative at London Heathrow (LHR) airport but no other.
3.10 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.1 Making sure your information is correct. Our services are dependent on you having the correct documentation for travel and providing us with accurate and up to date information. You are solely responsible for ensuring that this is the case.
4.2 Our services are provided at various airports worldwide at the prices on our website or in our price list, as applicable at the time of booking.
4.3 Our services are available for departures, arrivals and transits, for a maximum of up to three hours, depending on the airport. An additional hourly rate (as per our website price list) will apply after that.
4.4 In relation to unaccompanied minors (under 18),we can accept bookings by an adult Customer for unaccompanied minors as Customers where the airline they are travelling with would consider them an adult.
4.5 Standard operating times for our services vary depending on the airport and these are available on request. Using our services outside of these operating times may lead to you incurring additional fees (please see our website for details).
4.6 Once our services have started, our representative will monitor airline schedules and potential changes to flights.
4.7 We will not intervene in disputes between you/the Customer and the airline, customs or border control or airport authorities.
4.8 Our employees and representatives are not permitted to hold, control or accept responsibility for accompanied babies, infants or children, including but not limited to handling pushchairs, buggies or prams.
4.9 Our representatives are not trained or insured to handle any baggage (cabin or checked-in) and if this service is required, please request a baggage porter when booking.
4.10 The range of services we provide is subject to change without notice and must not be used for illegal purposes. Please check the current ranges on our website.
4.11 Additional services may vary between airports; details of availability and prices are available on request. Such services could include baggage porters, VAT reclaim, chauffeur services, personal shopping, electric buggies, security personnel and pre-arranged assistance with excess luggage.
4.12 Some of our services and additional services are provided by third parties and will also be subject to the terms and conditions of those third parties.
4.13 For departure services only, where the flight delay or disruption was not announced prior to the Customer’s arrival at the airport, our representative will remain on duty for the duration of the period of services, to assist the Customer.
5. Bookings made for passengers
5.1 You may make bookings for Customers and will be their agent. In these cases, the name(s) of the Customer(s) must be specified at the time of booking.
5.2 When we confirm the booking for a Customer, a binding contract is formed with you and the Customer.
5.3 Where you make a booking on behalf of a Customer, you undertake to procure that each Customer for our services is aware of and accepts those terms and conditions (including those relating to the provision of personal and travel information).
6. Your rights to make changes
If you wish to make a change to the services you have ordered please contact us by emailing email@example.com or telephoning 0208 8979183. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9: Your rights to end the contract).
7. Our rights to make changes
7.1 Changes to the services. We may change the services:
(a) cto reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
We will endeavour to minimise the impact of these changes on the services we provide to you. If we make changes, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
8. Providing the services
8.1 When we will provide the Services
We will begin the services on the date agreed with you during the order process.
8.2 We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our reasonable control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
8.3 What will happen if you do not give required information to us. We will need certain information from you so that we can supply the services to you, such as your flight details, anticipated flight departure time and arrival time at the airport. This will have been told to you over the telephone or set out in our brochure or on our website or told to you during email exchanges. Where this has not been provided initially we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.4 Reasons we may suspend or terminate the supply of services to you. We may have to suspend or terminate the supply of services:
(a) to deal with technical problems or make minor technical changes;
(b) to comply with security requirements;
(c) because of an emergency;
(d) to vary the services to reflect changes in relevant laws and regulatory requirements;
(e) to make changes to the services as requested by you or notified by us to you; or
(f) because of a Force Majeure.
8.5 Your rights if we suspend or terminate the supply of services. We will contact you in advance to tell you we will be suspending or terminating the supply of the services, unless the problem is urgent or an emergency. You may contact us to end the contract for services if we suspend it, or tell you we are going to suspend it, in each case for a period which expires after your actual departure time. In the event of such suspension or termination, we will refund any sums you have paid in advance for the services, to the extent you do not receive them.
8.6 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 13.4) and you still do not make payment within one day of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid amount (see clause 13.6). As well as suspending the services we can also charge you interest on your overdue payments (see clause 13.5).
9.Your rights to end the contract
9.1 You can always end your contract with us. Your rights when you end the contract will depend on what services you have bought, whether there is anything wrong with them, how we are performing and when you decide to end the contract:
(a) If what you have bought is misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 12;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
(c) If you have just changed your mind about the services, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see [clause 9.6].
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the services or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the services may be significantly delayed because of events outside our reasonable control;
(d) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period until after the flight departure; or
(e) you have a legal right to end the contract because of something we have done wrong (including because we have been late in providing the services.
9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online, over the telephone or by exchange of emails you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) If the services are related to leisure activities; or
(b) services, once these have been completed, even if the cancellation period is still running;
9.5 How long do I have to change my mind? For services, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
9.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) for reasonable compensation for the net costs we will incur as a result of your ending the contract.
10. How to end the contract with us (including if you have changed your mind)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0044 0203 196 7024 or email us at administration@DiamondAirInternational.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) How we will refund you. We will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below.
10.2 How we will refund you. We will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below.
10.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
In relation to the services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days of your telling us you have changed your mind.
11.Our rights to end the contract
1.1 We may end the contract if you break it. We may end the contract for services at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within three days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; or
(c) you do not present yourself at the airport at all (no show);
(d) you do not present yourself at the airport with your passport and all necessary travel and other documents at the agreed time.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.3 We may withdraw the services. We may contact you to let you know that we are going to stop providing a service. We will let you know a reasonable time in advance of our stopping the supply of the service and will refund any sums you have paid in advance for service which will not be provided.
11.4 Several services. Where several services are booked in one booking, each service will be treated as a new and separate booking, including for the purposes of cancellation rights.
12.If there is a problem with the services
12.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team on 0044 0203 196 7024 or write to us at administration@DiamondAirInternational.com or Airport Concierge London, 1st Floor Strata House, 264-270 Bath Road, Harlington, Hayes, Middlesex, UK, UB3 5JJ.
12.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
For services, the Consumer Rights Act 2015 says:
· you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
· if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
· if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
13. Price and payment
13.1 Where to find the price for the services. The price of the services (which includes VAT, other taxes, administration costs, gratuities and tips) will be the price indicated on the order pages when you placed your order, as told to you over the telephone, or set out in our brochure, or on our website or told to you during email exchanges. We take reasonable care to ensure that the price of the services advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the services you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the services we offer may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the services at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price of the services at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
13.4 When you must pay and how you must pay. All payments must be in £ sterling. We accept payment with [Mastercard, Visa and American Express] (which will be subject to any applicable credit card fee). You must provide valid, up-to-date and complete card details and make payment in advance of the full price of the services, at the time of booking and before we start providing them. In order to allow you to order additional services later, we will retain your card details, so that payment can be processed when you order those services.
13.5 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14. Our responsibility for loss or damage suffered by you
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, up to a limit of [two times] the fees you have paid for the services we have provided or agreed to provide. but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. For the avoidance of doubt, we will not be liable for any loss or damage you incur or suffer if you miss your flight or connection. We do not accept any liability or responsibility for your luggage at any point.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at clause 12.2.
14.3 We are not liable for business losses. We only supply the services for domestic, social and private use. If you use the services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We shall also not be liable if you provide incorrect or incomplete information or where liability arises due to the act or omission of a third party.
(a) supply the services to you;
(b) process your payment for the services; and
(c) (if you agreed to this during the order process) give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
15.2 In order to provide the Services to you under this contract, we will use your and the Customer’s name, address, passport, flight and land travel details to provide the services and to meet all relevant security, operational and border control requirements and to pass such data to Government authorities for border control and aviation security purposes, if required to do so. Our processing of your Personal Data will be on the basis of our contract or our legitimate interest in doing so to provide services to you.
15.3 Where a booking is made on behalf of a Customer, you warrant that you have the permission of each Customer to use their details in the ways described in clause 15.2.
15.4 We may pass your personal information to credit reference agencies. Where we extend credit to you for the services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
15.5 We will only give your personal information to other third parties where the law (including but not limited to Data Protection Legislation) either requires or allows us to do so.
16.1 You and the Customer are responsible for compliance with all government regulations and regulatory requirements on entry into and exit from all airports and for ensuring that all required documents are in order and that any conditions to which such documents are subject are complied with.
16.2 You and the Customer remain fully responsible for personal belongings at all times during the provision of the services.
16.3 You/the Customer must pay any excess luggage charges and fees directly to the relevant airline.
16.4 You/the Customer must respect the check-in and gate closure times at the airport, as specified by the relevant airline. We may refuse to provide any services in the extent of late arrival at the agreed time and place. In such event, we will not be required to offer any refund and the full price will be payable as if we had provided all of the services.
16.5 We retain all IP Rights in all documents created or provided by us in connection with or arising out of our contract.
16.6 We shall have no liability for any delay, loss, damage, expenses or costs suffered or incurred by you or the Customer if a Force Majeure Event delays or prevents our provision of any services.
16.7 You and the Customer must comply with the UK Bribery Act 2010 and our anti-bribery policy, which is available on request.
16.8 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
16.9 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.10 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.11 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.12 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
16.13 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
16.14 Complaints. Any complaints regarding the services should be notified to us within 14 days of the services being performed and be emailed to [administration@DiamondAirInternational.com], by calling [0208 196 7024] or writing to us at 1st Floor, Strata House, Harlington, Hayes, Middlesex, UK, UB3 5JJ
16.15 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. We may agree to refer disputes to an ADR body for resolution and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.