TERMS, CONDITIONS AND PRIVACY

• 1. Terms and Conditions
  • 1.1. Definitions
  • 1.2. Liability
  • 1.3. Bookings
  • 1.4. Prices
  • 1.5. Quotation Disclaimer
  • 1.6. Cancellation by you
  • 1.7. Cancellations or changes by us and Force Majeure
  • 1.8. Special requests
  • 1.9. Disabilities and medical requirements
  • 1.10. Billing & Payment
  • 1.11. Service Performance
  • 1.12. Personal Effects
  • 1.13. Passenger Restraint Systems
  • 1.14. Damage to Vehicles
  • 1.15. Unacceptable Conduct
  • 1.16. Accuracy
  • 1.17. Invalidity
  • 1.18. Making a Complaint
  • 1.19. Insurance
  • 1.20. Jurisdiction
  • 1.21. Termination of Account
  • 1.22. Promotional Offers
  • 1.23. Website Usage
  • 1.24. Changes and Date of Publication
  • 1.25. Contact
• 2. Data Protection and Privacy

Unless another negotiated, signed and valid agreement is in place between our organisations these terms and conditions form the basis of your contract with Driven Worldwide Limited its subsidiaries and group companies. (Registered Number 3931675) whose registered office address is at Driven Worldwide Limited, Monarch House, Miles Gray Road, Basildon, Essex, SS14 3RW, United Kingdom (us, we, our, the Company).

Placing a booking with us constitutes acceptance of these terms. Please read them carefully as they set out our respective rights and obligations.

English Law shall govern these terms and conditions. Disputes can be dealt with by the English courts.

Our services are provided to you in a business-to-business capacity and the Services are not for private domestic use.

1.1 Definitions:

• App - Refers to Driven Worldwide booking or project management apps only.
• Affiliate - A contracted third-party company engaged by Driven Worldwide to provide the service.
• As Directed - A service involving the use of one of our vehicles for more than one point to point journey. This may incorporate a pre-booked itinerary or the passenger providing instruction of destinations while on-board the vehicle. Any point to point transfer will be deemed to have gone to ‘As-directed’ after additional stops have been added.
• Booker - The individual placing the booking and receiving the confirmation from Driven Worldwide.
• Booking Confirmation - This document summarises the service booked, based on the information provided by the Client.
• Booking Portal - This is a booking mechanism operated by a third party, where Driven Worldwide are a nominated supplier.
• Chauffeur Services - Our Chauffeured services, booked on a time basis, charged from the time the vehicle leaves our base to the time it returns.
• Client - The entity that has requested a service from the Company.
• Owner Operator - An individual, not in the direct employment of Driven Worldwide, providing services as an independent operator, where Driven books directly with the driver.
• Passenger - The individual(s) who will be transported in our vehicles.
• Quotation - A quotation may be requested prior to a service commencing. This is an estimated price based on the information provided by the booker. If this requirement changes before or during the service, or additional expenses are incurred, the quotation will change accordingly.
• Service - The vehicular service provided by the Company and specified on the booking confirmation.
• The Company - Driven Worldwide Limited
• Transfer - A journey consisting of a single collection and single drop off.
• Users - Users of the website collectively and/or individually.
• Website - Refers to the Driven Worldwide website, at www.drivenworldwide.com and all sub-pages thereof. This does not refer to any third-party websites that may be accessed via the Driven Worldwide Website.

1.2 Liability

1. This is not a consumer contract and accordingly, we accept no liability for any business loss (which includes without limitation, any loss of contracts, loss of profits, loss of revenue or loss of anticipated savings in expenditure or any loss or corruption of data) however caused, even if foreseeable (unless due to the Company’s negligence, fraud or misconduct).
2. We reserve the right to subcontract the provision of the services to our chosen third-party subcontractors and affiliates at all times ensuring that we use due care and skill in the selection of the sub-contractor or affiliate company to provide the services. As an operator, when we accept a booking from a customer, we recognise that customer as principal. We are responsible for these bookings and transport services. If we are liable to you for any loss of business or earnings, our liability will be limited to the direct costs you incur which are a foreseeable consequence of our failure up to a maximum of £1000 per claim.
3. Nothing in this Agreement limits any liability we may have for death or personal injury resulting from our negligence and for which our liability is unlimited.
4. Any quoted pick up or journey times are best estimates only and whilst it uses all reasonable efforts to get passengers to their destinations in the shortest possible time, the Company shall have no liability if a journey time exceeds any estimate given or otherwise exceeds the Client’s or the passenger’s expectations for whatever reason nor shall the Company have any other liability to the Client or the passenger in connection with the time at which the passenger reaches or fails to reach the destination (unless due to the Company, its subcontractors or affiliates fault or negligence in arriving at the pick up time or getting lost en route).
5. It shall be for the Client and/or the Passenger to ensure that valuable, unusual or any other items are covered by appropriate insurance. The Company cannot accept liability for loss of or damage to items.
6. The parties agree that in view of the nature of these terms and conditions, the nature of the Services provided under it and the nature and average cost of journeys each provision of this paragraph 1 is fair and proportionate. Nevertheless, each provision of this paragraph 1 is to be construed as a separate limitation which will apply and survive even if, for any reason, one or more of the said provisions is held to be unreasonable and/or incapable of applying.

1.3 Bookings

1. We will only accept bookings placed via:
   • Telephone
   • Fax
   • e-mail
   • Website booking facility
   • nominated third party Booking Portal
   • App
2. We will confirm receipt and send confirmation of your booking.
3. If you don’t receive a booking confirmation it is the bookers responsibility to seek the confirmation.
4. A booking is only confirmed when you have received the confirmation (which includes receipt of the relevant booking reference numbers where a booking confirmation is not sent) with a valid booking reference.
5. Receipt of a valid booking confirmation (which includes receipt of the relevant booking reference numbers where a booking confirmation is not sent) signifies acceptance of these terms of business.
6. It is the Booker’s responsibility to check the booking confirmation for any errors. The Company will not accept any liability for errors in service resulting from unchallenged booking confirmations.
7. Bookings placed via a Booking Portal will receive confirmation directly from the Booking Portal. The Company accept no responsibility for the accuracy of the information provided in this type of confirmation.
8. Payment details may be required to secure the booking.
9. The Company reserves the right to refuse any booking.
10. The Client is liable for charges reasonably and properly incurred from the time the vehicle is assigned to the booking until completion of the assignment. In the event of cancellation by the Client or passenger, the Client is also liable for such charges as may necessarily be reasonably and properly incurred by the Company consequent upon or in order to implement the cancellation. The liability of the Company in the event of cancellation by it is set out in these Terms and Conditions.
11. In London PCO regulations require a final destination included for all bookings. Where a final drop off destination is not available at the time of booking Driven Worldwide will include our nominated base location (Old Park Lane, London W1K 1QR), as the final drop off destination.
12. Please note that calls may be recorded or monitored for quality and training purposes, and to assist with service management.

1.4 Prices

1. Services will be charged according to our agreed tariff, a copy of which is available on request. Unless a quotation or copy of our tariff is requested, it will be assumed that you are aware of the charges that will apply to the service and are willing to proceed on this basis.

2. Our Chauffeur services are charged on the following basis:

   • Chauffeur services are charged from the time the vehicle leaves our nominated base, until it returns to the same base.
   • A minimum hire period is applicable on all Chauffeur Services.
   • Rates for overseas services are subject to exchange rate fluctuations and the invoiced cost may differ from previously quoted prices.
   • Additional surcharges may apply for services provided during the night, at weekends or during public holidays. Where applicable, this is shown as a separate rate that includes any relevant surcharge as appropriate.
   • All ‘as directed’ services are charged by the hour, in 15 minute increments, from the time the vehicle leaves the local base to when it returns. If a service changes from the period of time originally specified or if the vehicle leaves the city limits and incurs excess mileage, any quoted cost will change accordingly.
   • Parking, tolls, driver subsistence or telephone charges may apply.
   • Fuel surcharges may apply in some locations.
   • A congestion charge may apply in some locations.
   • If the vehicle leaves the metropolitan area where it is originally dispatched from, excess mileage may be charged
   • Zonal fixed price transfers may be available in some locations. This will include an allocated waiting time, if this is exceeded additional waiting may be charged at the agreed hourly rate for the location

3. VAT will be charged as appropriate.

4. In certain locations, we are legally required to provide a meal for the chauffeur after 8 hours of continuous service. Any such charges are passed on.

5. In New York State, an 8.875% NY State Limousine Tax will apply for all intrastate rides.

6. If the status of a flight changes and/or we receive notification of the same after the vehicle has been dispatched, the service will be charged from the scheduled pick up time. We will use reasonable endeavours to ensure that this information is accurate, however, we cannot be held responsible for any service failure caused by incorrect or inaccurate information provided by these third parties.

7. Services provided on Public Holidays may be subject to alternative rates or conditions.

8. Specific events (e.g. Singapore Grand Prix, Paris Air show etc) may result in alterations to our standard pricing for those locations. We will notify you of any such alterations at the time of booking

1.5 Quotation Disclaimer

1. Any quotation provided will be based on the information available at the time. If the subsequent service alters from the quoted service, we reserve the right to invoice based on the actual service not the quoted amount.
2. Currency of quotations will be stated at the time of enquiry
3. All quotations are provided based on the appropriate pricing methodology listed in paragraph 3
4. All quotations are valid for 30 days from the date of issue. However, your invoice may vary according to currency fluctuations.

1.6 Cancellation by you

1. Our policy is to avoid charging our Clients’ cancellation fees where we can. However, there will be some occasions where either we or our affiliate has incurred costs in the provision of a service that is cancelled. The cancellation will be deemed to have been accepted when received by us and acknowledged in writing.
   • 1.1. If an airport or other fixed-price transfer is cancelled within four hours of the scheduled pick up time then the full charge will become due.
   • 1.2. As Directed services: if it is cancelled twelve hours or more before the services are due to begin, there will be no charge. If an as-directed service is cancelled between twelve and four hours before the services are due to begin, then a cancellation charge equal to four hours on the services is due and payable. If an as directed service is cancelled less than four hours before the services are due to begin, then a cancellation charge equal to 100% of the charges up to a maximum of eight hours is due.
   • 1.3 If an As Directed service is cancelled whilst in progress then we will charge for the service delivered up to the point of cancellation plus 50% of the remaining service originally booked
2. For coach services or non-standard vehicle bookings different cancellation terms may apply and can vary by location – please confirm with us at the time of booking.
3. Specific events (e.g. Singapore Grand Prix, Paris Air show etc) may result in alterations to cancellation policies for those locations. We will notify you of any such alterations at the time of booking.
4. Conference & events services may have different cancellation policies - please confirm with us at the time of booking.

1.7 Cancellations or changes by us and Force Majeure

1. Except where otherwise expressly stated in these conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or our subcontractors could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside of our control.
2. If the Company cancels a booking it shall have no liability to the Client or intended passenger if it has used all reasonable endeavours to fulfil the booking and to notify the Client of the cancellation.

1.8 Special requests

1. Any special requests must be advised to us at the time of booking. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part.

1.9 Disabilities and medical requirements

1. We will try to cater for any special requirements your company may have. If any person listed under the booking has any medical problem or disability which may affect your booking, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your transfer arrangements. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

1.10 Billing & Payment

1. We will usually email an invoice within 5 working days of service completion.
2. For account customers, our standard payment terms are 30 days from the date of receipt of the invoice and we accept payment by credit card, cheque or electronic transfer
3. For non-account customers, we can only accept credit card payments and card details will be requested at the time of booking. A copy of the invoice will be e-mailed upon service completion and we will automatically charge the nominated credit card within 5 working days of invoice date. Or sooner if previously authorised.
4. When a charge is queried or relates to a service that is the subject of an ongoing complaint, our standard payment terms continue to be effective, unless the query results in a partial or complete refund. In this case, payment terms will apply from the date of issue of any credit note or revised invoice.
5. The Company reserves the right to charge interest on unpaid accounts at the base rate of HSBC Bank Plc plus 2% accruing on a daily basis and compounded on a six-monthly basis from the due date until full settlement.
6. The Client shall pay to the Company any reasonable expenses (including any debt collection charges) together with all legal and court costs reasonably and properly incurred in the collection of any overdue account and the minimum charge is £10.
7. Payment is by direct debit to the Company to the Driven Worldwide Accounts Department at 35B Tranquil Vale, SE3 0BU or by such other methods as may be agreed in writing by the Company.
8. Queries that may delay payment must be notified in writing to the Company within 14 days of receipt of the account after which date the Client shall not be entitled to dispute the amount shown save for manifest or gross error.

1.11 Service Performance

1. We will provide all services with reasonable skill and care and, as far as reasonably possible, in accordance with our agreement.
2. We will use all reasonable efforts to ensure that the Service is provided as booked. However, we will not be liable for any loss or costs you suffer or incur through any reasonable or unavoidable delays and it is your responsibility to ensure that you book the Service to collect you in time (other than where it has been caused by the Company’s negligence, fraud or misconduct). We will not be responsible for any losses you suffer (including for example, any missed meetings or flights) due to your failure to allow sufficient time for your journey.

1.12 Personal Effects

1. The Client and Passengers are at all times entirely responsible for the whereabouts and safekeeping of their luggage and other personal effects. We cannot accept any liability for loss or damage at any time or under any circumstances.

1.13 Passenger Restraint Systems

1. All vehicles provided by Driven Worldwide will be equipped with seatbelts and it is the passenger’s sole responsibility to ensure they are worn at all times whilst in the vehicle.
2. We accept no liability for loss, damage, death or bodily injury that can be attributed to a passenger’s failure to wear a seatbelt or other restraint device that was available for their use and in working order. When infants are travelling, it is the sole responsibility of the accompanying parent, guardian or carer to ensure that the infant is protected by a restraint system appropriate for the child’s age and size.

1.14 Damage to Vehicles

1. Passengers may be held liable for the cost of repairing damage caused to the vehicle which could not be attributed to reasonable wear and tear. Examples include but are not limited to:
   • Damage caused to doors through careless operation.
   • The spillage of food or drink in the vehicle
   • Cigarette burns to upholstery
   • Damage resulting from passenger illness

1.15 Unacceptable Conduct

1. We reserve the right to terminate service provision without refund or compensation at any time for any of the following reasons:
   • Our employees, affiliates or representatives are subjected to threatening or abusive behaviour, verbal or physical.
   • Any other circumstances when a passenger’s conduct may prejudice the safety of themselves, other passengers, the chauffeur or the vehicle.
   • Any unlawful or inappropriate activity.

1.16 Accuracy

1. No alteration to these conditions is possible without written consent of The Company. We endeavour to ensure that our literature, descriptions and information relating to your booking are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.

1.17 Invalidity

1. To the extent that any provision of this Agreement is found by any court or competent authority to be invalid, unlawful or unenforceable in any court having jurisdiction, that provision shall be deemed not to be a part of this Agreement, it shall not affect the enforceability of the remainder of this Agreement nor shall it affect the validity, lawfulness or enforceability of that provision in any other applicable jurisdiction.

1.18 Making a Complaint

1. Should you need to complain about the service we have provided, you should do so with the Coordinator who organised the service or your nominated Account Manager. Should the matter not be resolved to your satisfaction, you can also escalate your complaint to the Directors of Driven Worldwide.
2. All complaints must be made within 5 days of service completion and cannot be considered once payment of an invoice has been received. Failure to notify us in accordance with this procedure may affect your right to refund or compensation from us.
3. We will acknowledge receipt of your communication immediately and advise you when and how we will contact you again. We may need to ask you for further information, so we can investigate your complaint thoroughly.
4. We will endeavour to resolve all issues within 7 working days, however, it may sometimes take longer for us to fully investigate.

1.19 Insurance

1. We will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

1.20 Jurisdiction

1. When you make a booking through our UK office, these Terms and Conditions and any booking to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be subject to the exclusive jurisdiction of the Courts of England and Wales only.
2. If you make a booking with our US office or Hong Kong office, then the laws of those countries will apply exclusively.

1.21 Termination of Account

1. The account is terminable by either party in writing on thirty days’ notice at any time without any reason being given and may also with immediate effect be terminated by the Company without notice at any time if any amount is due and unpaid by the Client, where such unpaid amount has been notified by the Company as being overdue and not paid by the User within 14 days of such notification.
2. Upon termination of the account for whatever reasons all sums payable to or chargeable by the Company otherwise appearing on the Client’s account shall become immediately due and payable in full if not already due and payable.

1.22 Promotional Offers

1. On occasion the company may implement promotional offers directed at our Clients’ bookers. Unless we receive express notification that the Client’s employees are not to be targeted by such promotions, we will assume Clients’ employees are entitled to redeem these offers.
2. Specific terms and conditions will apply to each promotional offer and will be published at the time of the promotion.

1.23 Website Usage

1. Any personal information Users supply to the Company when they use this website will be used in accordance with our Data Protection & Privacy Policy.

2. The use of the Website constitutes your acceptance, without modification, to the terms, conditions and disclaimers contained in this agreement. If you do not accept these terms & conditions you should leave the website immediately.

3. User Account, Password and Security

   3.1. Users are responsible for maintaining the confidentiality of the website login username and password and also for all activities, which take place under the account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will the Company be held liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.

4. Acceptable Usage

   4.1. You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (‘The Content’), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such content originated. We will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the services and you agree to bear all risks associated with the use of any content, including any reliance on the accuracy or completeness of such content.

5. In using our Website services Users agree not to:

   • Use the services to send junk e-mail, spam, chain letters or any other unsolicited messages, commercial or otherwise
   • Post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
   • Post, publish, distribute or disseminate material or information that incites discrimination, hate, or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
   • Use any information or material in any manner that infringes any copyright, trademark, patent or other propriety right of any party;
   • Make available or upload files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the computer or property of another;
   • Collect or store personal information about others, including e-mail addresses;
   • Impersonate any person or entity for the purpose of misleading others;
   • Violate any applicable laws or regulations
   • Use the Website/Services in any manner that could damage, disable, overburden or interfere with any other party’s use of the Website/Services;
   • Post, publish, distribute or disseminate material or information that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information disclosed in the course of employment or under a confidentiality agreement);
   • Attempt to gain unauthorized access to any of the services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.

6. Termination

   6.1. The Company maintains the right to terminate Users’ access to any or all of the Website services at any time, without notice, where the User is in breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website services or any part thereof without prior notice and you agree that we shall not be liable to Users or any third party for any termination of Users’ access to the Website services.

7. Links to Third Party Websites

   7.1. You may only link to this website with our express written permission. We expressly reserve the right to withdraw our consent at any time to a link, which in our sole opinion is inappropriate or controversial. Any links to third party websites are controlled and maintained by others. Any links to other websites does not mean we endorse such websites and Users acknowledge and agree that We are not responsible for the content or availability of any such sites.

8. International usage

   8.1. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which You reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

9. Intellectual Property Rights

   9.1. The Website and its content (including without limitation the Website design Text, graphics and all software and source codes connected with the Website and the services) are protected by intellectual property rights and laws. None of the content may be copied, reproduced, stored, sold or distributed without prior written consent from us.

   9.2. We do not claim ownership of any materials you post, upload or submit to any publicly accessible area of the services. However, by doing so you are granting us a worldwide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such content for as long as You elect to display such content via the services. The license shall be terminated when such content is deleted from the services.

10. Indemnity

    10.1. Users agree to indemnify and hold Us harmless from and against any breach by User of these terms and conditions and any claim or demand brought against us by any third party arising out of Users use of the services and/or any content submitted, posted or transmitted through the services, including without limitation, all reasonable claims, reasonable actions, reasonable proceedings, reasonable losses, reasonable liabilities, reasonable damages, reasonable costs, reasonable expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of Users’ breach of the terms and conditions (other than where caused by the Company’s negligence, fraud or misconduct) provided that in respect of any claim of indemnity in this clause 22.10 the Company takes all reasonable and commercially sensible steps to mitigate any loss.

11. Disclaimers and Limitation of Liability

    11.1. Use of the website/services is at Users’ own risk. The website/services are provided on an ‘As is’ and ‘As available’ basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. 11.2. To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website/services. 11.3. We make no warranty that the website/services will meet Users’ requirements, that content will be accurate or reliable, that the functionality of the website/services will be uninterrupted or error free, that defects will be corrected or that the website/services or the server that makes them available are free of viruses or anything else which may be harmful or destructive. 11.4. Nothing in these terms and conditions shall affect Users’ statutory rights as a consumer.

12. Invalidity

    12.1. If any court or regulator decides that any provision of these terms and conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.

13. Third Party Rights

    13.1. These terms and conditions apply between users, the users’ corporate identity and us. No other person is entitled to benefit under these terms and conditions.

1.24. Changes and Date of Publication

1. These Terms and Conditions are correct as of 22nd June 2022. All previous versions of our Terms and Conditions and any previous agreement between the Company and the User are superseded by this version.

2. We reserve the right to update or amend these Terms and Conditions at any time and Users continued use of the Website and Services following any changes shall be deemed to be Users’ acceptance of such change (except to increase any charges payable under these Terms and Conditions which will require the User’s prior consent). It is therefore Users’ responsibility to check the Terms and Conditions regularly for any changes.

1.25. Contact

1. If you have any questions about these term and conditions, please write to us by email to [email protected] or by post to Driven Worldwide Ltd. 2a Charing Cross Road, London, WC0H 0HF.