Terms & Conditions of Service
These Terms and Conditions govern the provision of chauffeur and executive travel services by Noble Corporate Travel Limited.
1. Application
These Terms and Conditions apply to the provision of Services by the Service Provider to the Client. In the event of conflict between these Terms and any other terms and conditions (of the Client or otherwise), these Terms prevail unless expressly agreed otherwise by the Service Provider in writing.
2. Definitions and Interpretation
In these Terms, unless the context requires otherwise, the following expressions have the following meanings:
“Agreement” — an agreement between the Service Provider and the Client which incorporates, and is subject to, these Terms. · “Business Day” — a day (excluding Saturdays, Sundays and public holidays in England and Wales) on which banks are generally open for business. · “Cancellation Policy” — the Service Provider’s cancellation and amendment policy in force from time to time, which forms part of these Terms. · “Client” — any individual, firm or corporate body which purchases Services from the Service Provider. · “Confidential Information” — all information of a confidential nature, including any information relating to a Passenger’s identity, movements, locations or travel arrangements. · “Consumer” — a Client who is an individual acting wholly or mainly outside their trade, business, craft or profession, within the meaning of the Consumer Rights Act 2015. · “Fees” — the fees payable by the Client under Clause 4. · “Passenger” — any person carried or to be carried in a Vehicle under the Agreement. · “Services” — the chauffeur, executive travel and related services provided by the Service Provider. · “Service Provider” — Noble Corporate Travel Limited. · “Vehicle” — the vehicle or vehicles provided by the Service Provider for the provision of the Services.
Headings are for convenience only. Words in the singular include the plural and vice versa, and references to any gender include the other genders.
3. The Services
With effect from the Commencement Date the Service Provider shall, in consideration of the Fees being paid, provide the Services to the Client. The Service Provider will use reasonable care and skill to perform the Services and all reasonable endeavours to complete its obligations; save where the Client is a Consumer, time shall be of the essence.
4. Fees
The Client agrees to pay the Fees in accordance with the Terms of Payment. The Service Provider may recover reasonable incidental expenses for materials and third-party goods and services. The Client will pay for any additional services not specified in the Agreement (including additional stops, waiting time or extended journeys) at the then-current applicable rate. All sums are exclusive of VAT or other applicable taxes, for which the paying Party is additionally liable.
5. Payment
Unless otherwise agreed, all payments shall be made within 30 days of the date of the relevant invoice, in pounds sterling in cleared funds, without set-off or deduction except as required by law. Time of payment is of the essence. If a business Client fails to pay on the due date, the Service Provider may charge interest daily at 8% above the Bank of England base rate until payment. For Consumers, interest is charged only to the extent permitted by law.
6. Cancellations, Amendments and No-Shows
Cancellations and amendments are subject to the Service Provider’s Cancellation Policy in force at the time of booking, which forms part of these Terms. Where a Passenger fails to present at the agreed pick-up point and time and cannot be contacted, the booking is treated as a no-show and charged in full. An amendment requiring a change of Vehicle or chauffeur may be treated as a cancellation and re-booking.
7. Waiting Time and Additional Stops
A reasonable period of complimentary waiting time may apply to airport and standard pick-ups, as notified by the Service Provider. Waiting time beyond that period, and any additional stops, diversions or extensions requested by the Client, may be charged at the applicable rate.
8. Vehicles, Passengers and Conduct
The number of Passengers and items of luggage must not exceed the safe and lawful capacity of the booked Vehicle. Smoking (including e-cigarettes) is not permitted in any Vehicle. The Client is responsible for the conduct of all Passengers; the chauffeur may refuse or end a journey where behaviour is unlawful, abusive, unsafe or intoxicated, in which case Fees remain payable in full. Where a Passenger causes soiling or damage, the Client shall pay reasonable cleaning or repair charges plus compensation for loss of use. The Service Provider may substitute a Vehicle of equivalent or higher standard where reasonably necessary.
9. Lost Property
The Service Provider will take reasonable steps to return items left in a Vehicle but, save where liability cannot lawfully be excluded, accepts no liability for property lost, left or damaged in a Vehicle. Recovered items will be held for a reasonable period and may be returned at the Client’s reasonable cost.
10. Insurance and Licensing
The Service Provider holds the licences and insurance required by law for the provision of the Services. Its liability for the carriage of Passengers is limited as set out in Clause 16 and by the terms of its insurance cover.
11. Confidentiality
Except as permitted or authorised in writing, each Party shall keep confidential all Confidential Information, not disclose or misuse it, and ensure its officers, employees and advisers do likewise. Disclosure is permitted to sub-contractors, suppliers, authorities or staff to the extent necessary or as required by law. This obligation continues after termination of the Agreement.
12. Data Protection
Each Party shall comply with the UK GDPR and the Data Protection Act 2018. The Service Provider processes personal data of the Client and Passengers (such as names, contact details, addresses and travel times) to provide the Services, in accordance with its Privacy Policy, and treats Passenger movement and location information as confidential. Each Party shall apply appropriate technical and organisational measures and not retain data longer than necessary.
13. Variation and Amendments
If the Client wishes to vary any details it must notify the Service Provider in writing as soon as possible; any additional costs will be invoiced. If, due to circumstances beyond its reasonable control, the Service Provider must change arrangements, it shall notify the Client immediately, keep changes to a minimum and seek arrangements as close to the original as reasonably possible.
14. Termination
Either Party may terminate by written notice if the other fails to pay any sum within 90 days of the due date, commits an unremedied material breach, becomes insolvent or subject to analogous proceedings, ceases business, or undergoes a change of control. On termination the Service Provider shall retain any sums already paid, without prejudice to its other rights.
15. Sub-Contracting
The Service Provider may sub-contract performance of its obligations and shall remain responsible for its sub-contractors’ acts and omissions. The Client may not sub-contract or assign its obligations without the Service Provider’s prior written consent.
16. Liability and Indemnity
Nothing excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot lawfully be excluded. Subject to that, the Service Provider is not liable for loss of profit or indirect, special or consequential loss. The Client shall indemnify the Service Provider against damage to equipment caused by the Client, its agents or Passengers (this indemnity does not apply to Consumers save for deliberate or negligent damage). The Service Provider is not liable for delay or failure caused by matters beyond its reasonable control.
17. Force Majeure
Neither Party is liable for any failure or delay resulting from causes beyond its reasonable control, including power or internet failure, industrial action, civil unrest, fire, flood, storms, earthquakes, epidemic or pandemic, acts of terrorism, acts of war or governmental action.
18. Consumers
Where the Client is a Consumer, nothing in these Terms affects the Client’s statutory rights under the Consumer Rights Act 2015 or other consumer-protection law, including the right to have the Services performed with reasonable care and skill. Provisions on interest, indemnity or limitation of liability apply to a Consumer only to the extent permitted by law, and the Consumer’s statutory rights prevail in any conflict.
19. Waiver
No waiver of any breach is a waiver of any subsequent breach, and a waiver is effective only if given in writing and signed. No failure or delay in exercising a right operates as a waiver, nor does any partial exercise preclude further exercise.
20. Severance
If any provision is found unlawful, invalid or unenforceable, it shall be severed and the remainder shall continue to be valid and enforceable.
21. Copyright
The Service Provider reserves all copyright and other rights subsisting in the products of, or in connection with, the provision of the Services, and may act to restrain or prevent infringement.
22. Notices
All notices shall be in writing and signed by, or on behalf of, a duly authorised officer of the Party giving notice, and are deemed given on delivery (courier or messenger during business hours), on successful email transmission, or on the fifth Business Day after posting by ordinary mail. Service of documents for legal proceedings shall be effected by delivery to the other Party’s registered or principal office.
23. Law and Jurisdiction
These Terms and the Agreement, including any non-contractual matters, are governed by the laws of England and Wales. Any dispute or claim relating to them falls within the exclusive jurisdiction of the courts of England and Wales.
Reservations: +44 (0)20 7671 1282 · reservations@noblelondon.co.uk
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