• 3rd Floor, 86-90 Paul
    Street, London, EC2A 4NE
  • 0203 740 7686
    info@mayfairvipcars.co.uk

Terms and Conditions

TERMS & CONDITIONS

  1. APPLICABILITY AND ACCEPTANCE

By making a booking with Mayfair VIP Cars(“MVC”) by phone or through our website , you (“Client”) agree to be bound by these Terms and Conditions (“Terms”). These Terms also apply to the supply of all Passenger Transport Services Client’s (together the ”Driver Services”) booked via the phone, website or through other means. Please review these Terms carefully before you accept the applicability thereof, You will be asked to expressly agree to these booking terms during your transportation booking process on our website.

  1. DEFINITIONS

“PHO” means Private Hire Operator, Mayfair VIP Cars Ltd, a private limited company incorporated and registered in England and Wales with company number 11999919 whose registered office is at 3rd Floor, 86-90 Paul Street, London, EC2A 4NE. Licensed by Transport for London Public Carriage Office Licence No: 0101700101

“Partner” (or “you”) means a natural person or legal entity who / which has been approved by MVC as a Partner and agreed These Terms.

“Client ” means the person who accepts a quotation or offer of the Provider for the sale of Services or whose order for the Services is accepted by the Provider;

“Client App” means a mobile application software developed and offered by MVC which enables clients (private persons or companies) to book Passenger Transport

“Driver” means an individual (who may be the Partner himself/herself, if a natural person, or a third party engaged by the Partner) who possesses a valid TFL Private Hire Licence permitting him/her to provide Passenger Transport Services (and any relevant licences or regulatory clearances permitting him/her to provide Errand Services) through MVC, and is able to receive bookings through the Driver App on the Partner’s account.

“Driver App” means mobile application software developed and offered by MVC, via which Partners or Drivers authorised to use their MVC account can offer Passenger Transport.

“Partner Dashboard” means computer software, available online, developed and offered by MVC, which complements the Driver App by giving MVC Partners ‘real-time’ insight into (inter alia) the number of Passenger Transport Rides being performed by Drivers via the Driver App, the fees Partners are projected to earn from these Passenger Transport Rides, and aggregated ratings for rides performed by Drivers using the Partner account.

“Passenger” means a natural person being transported by a Driver because of a booking made by a Client via the Client App which was subsequently accepted by a Driver via the Driver App.

“Passenger Transport Services” means the service of conveying a Passenger from a departure point to a destination point using the Vehicle.

“Client ” means the person who accepts a quotation or offer of the Provider for the sale of Services or whose order for the Services is accepted by the Provider;

“The Vehicle” means the vehicle or vehicles (multiple vehicles may be assigned to a Partner account) with which the Passenger Transport  are rendered by a Driver.

  1. NATURE OF RELATIONSHIP / QUALITY STANDARDS / GUARANTEES
    1. MVC is not obliged to offer any work to Partner, and Partner is not obliged to accept any work which may be offered. Partner, or any Driver using the Partner account, may elect to refuse any passenger journey offered to them at their sole discretion, although Partner acknowledges that MVC may choose to prioritise for offers of work those Partners whose account has a track record of accepting a greater number of offers made when Drivers assigned to their account have opened the Driver App.
    2. MVC may, at its discretion, procure that two types of work are offered through the Driver App by PHO: pre-booked journeys (for example, an appointment to collect a Passenger from an airport at a particular time); “ASAP” journeys, where a Driver using the Partner’s account may be offered the opportunity to pick up a Passenger from a location proximate to the Vehicle at short notice;
    3. Drivers are under an obligation to perform any work for MVC where MVC has accepted the booking
      • where MVC has accepted a pre-booked journey, to ensure the delivery of The Vehicle to the pickup location at the time specified in the booking made via the Client App;
      • when providing Passenger Transport Services, to ensure Passenger’s safety throughout the entire journey (ride), and to ensure that any Driver using the Partner’s account is licensed and certified for rendering Passenger Transport Services to Clients in accordance with all applicable (local) laws and regulations, including but not limited to possessing a valid TFL private hire license;
      • to ensure that the Vehicle is fully licensed and authorised to provide Passenger Transport, including but not limited to possessing a valid TFL private hire license;
      • that the Vehicle is licensed and certified in accordance with all applicable (local) (safety) laws and regulations;
      • to comply with all applicable (local) (safety) laws and regulations regarding Passenger Transport ;
      • to have insured the Vehicle, the lives and health of Passengers as well as the carrier liability in accordance with all applicable (local) laws and regulations;
      • not to be undergoing reorganisation, bankruptcy, liquidation or any other proceedings of this kind;
      • to assist in handling and resolving client complaints promptly upon request by MVC, and to compensate MVC for any costs associated with the client’s claim which result from a breach of These Terms by Partner.
    4. Partner shall inform, train, coach and instruct, to the extent necessary and required to perform the Services hereunder, the employees and/or drivers of the obligations and the terms and conditions as set forth hereunder. Partner shall be fully responsible and liable for any breach of this Partner Agreement by any of its employees and/or drivers and/or any third-parties to which Partner has subcontracted the provision of the Service hereunder or otherwise assigned or transferred any obligations in connection therewith, be it with or without MVC’s prior written consent, and share all relevant updates from MVC with them.
    5. Partner must not, and must procure that any Driver performing the Passenger Transport on Partner’s behalf must not, solicit any Client to provide transportation services directly to that Client in competition with MVC, either during the period for which These Terms remain in force or for 12 months afterwards within London or in any other territory in which MVC operates and in which Partner has provided Passenger Transport on behalf of MVC in the final 12 months in which these terms remain in force. Partner acknowledges that, without prejudice to any other remedies MVC may have, any breach of this clause may lead to the immediate termination of These Terms by MVC, and that MVC or PHO may report Partner or any Driver to TFL on suspicion of operating without or in breach of a PH operator license.
  2. Vehicle Requirements
  1. Partner must use only vehicles duly registered in the Driver Tools, publicly registered, authorized and licensed for the provision of the Services to End Customers.
  2. The vehicles shall be smoke-free, clean, with clean windows and be equipped with the necessary and appropriate safety and/or technical equipment, i.e. first aid kit, working fire extinguisher, warning triangle, seat belts for each passenger, etc. as required nationally or regionally.
  3. All vehicles must be serviced and receive scheduled maintenance checks in accordance with the manufacturer’s recommendations and ensure compliance with local road traffic regulations
  1. CREATING AN ACCOUNT
    1. Before being able to use the Driver App and Partner Dashboard, Partner must create an account. The account will only be accessible by Partner’s login credentials. The partner can then use the Partner Dashboard to add additional Drivers, upload their documents and register them for accreditation; once this is processed, MVC will provide such drivers with their own personal login allowing them to use the Driver App through the Partner account.
    2. In order to create an account, Partner must provide the following information: bank details; VAT number (if applicable); legal name (corporate name if a legal entity, trading name if a sole trader) and company number (if a legal entity). For Drivers who are added to the account (whether Partner himself or herself or a third party), Partner must provide the following information: date of birth (required by TFL); PH license number (required by TFL); NI number (required by TFL and to demonstrate the right to work in the UK); UTR number (if applicable); PH license; driving license; any such other information as may be reasonably required by MVC.
    3. MVC may suspend or annual accounts at any time, in particular, if:
      • MVC has reasons to believe that the account is created with false data or otherwise used for fraudulent purposes;
      • Partner fails to comply with These Terms or MVC has reason to believe that Partner has failed to comply with These Terms;
      • MVC has reason to believe that Partner has failed to ensure that the Passenger Transport Services are performed using the Vehicle, or by a Driver who is properly authorised, licensed and certified, has the right to work and a clean criminal records check;
      • Partner is or will be undergoing reorganisation, bankruptcy, liquidation or any other proceedings of this kind;
      • MVC has reasons to believe that Partner has failed to meet the standards of service required by MVC;
      • A Driver App is inactive for 90 days or more, in which event Partner (or relevant Driver authorised under their Partner account) may be required to undergo checks (for the avoidance of doubt, such a suspension does not affect the continuance of These Terms);
      • Such other reasons as MVC may reasonably determine in its sole discretion.
  2. CONDITIONS OF USE DRIVER APP AND PARTNER DASHBOARD
    1. Partner will not, and will procure that any and all Drivers will not, misuse the Driver App or Partner Dashboard, which inter alia implies that:
      • Partner will not, and will procure that any and all Drivers will not, (attempt to) get access to the Driver App or Partner Dashboard by means of an account based on a false identity;
      • Partner will not, and will procure that any and all Drivers will not, (attempt to) get access to the Driver App or Partner Dashboard by means of another Partner’s account and/or otherwise try to violate the security systems of the Driver App or Partner Dashboard, nor allow any unauthorised third-party access to Partner’s account;
      • Partner will not, and will procure that any and all Drivers will not, instruct or allow third parties to make and distribute copies of the Driver App or (attempt to) copy, rent, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the Driver App, or create derivative works of the Driver App of any kind whatsoever.
    2. MVC reserves the right to amend or withdraw the Driver App or Partner Dashboard, or charge for the Driver App or Partner Dashboard, at any time and for any reason.
    3. Partner acknowledges that the terms of agreement with Driver’s respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Driver App. As a result, Driver may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Driver App or any such third party charges as may arise. Partner accepts that MVC has no responsibility for any such charges that arise.
  3. PAYMENT
    1. MVC will remunerate Partner for the Service subject to the terms and conditions hereunder. The remuneration is not calculated on a fixed basis, but is agreed on a case-by-case basis as the result of an automated offer process if not individually agreed otherwise. Remuneration shall be all inclusive, i.e. it shall include all possible road tolls, bridge tolls, airport tolls, parking fees, baggage fees, additional passenger fees, driver gratuity, tips, fares, fees, or any other similar charges.
    2. For changes in Requests (see Section 2.5 above), MVC will remunerate Partner proportionally based on the remuneration for the initial Request.
    3. Cancellation fee – In the event of cancellation of Passenger Transport Services, MVC will charge the Client a cancellation fee, according to tariff pricing MVC will pay Partner an agreed percentage of the applicable cancellation fee within ten days after the cancelled ride. Driver and Partner acknowledge that the Passenger has the right to cancel a Booking made through the Public Website up to 25 minutes (unless otherwise specified in the booking) before the Agreed Time without any cancellation fee becoming due to Driver or Partner. The following will apply to Trips that are cancelled by the Passenger less than 25 minutes (unless otherwise specified) before the Agreed Time, or where the Passenger fails to show at the Agreed Pick-up Point within 15 minutes of the Agreed time – where the Passenger has paid in advance by Card, the fee due to Driver or Partner will be the Quote due to them only if the distance of job is 10 miles or more; the fee due to Driver will be half the Quote due to them up to a maximum £30 only if the job is between 2 and 10 miles; where the job is up to 2 miles, no payment is due to the Driver or Partner by MVC.
    4. Driver Late – In case of In the event that Driver/Partner is late and does not meet the Passenger within 10 minutes of the Agreed Time(unless otherwise specified by the Passenger), then a Late fee for such lateness will be charged according to the tables in 6.11. There is an additional £10 penalty fee that also applies to Airport pickups where the Driver/Partner does not ‘meet & greet’ the Passenger by waiting for them in the Terminal (unless otherwise specified by the Passenger). Where the Driver/Partner is late for an Airport drop off, there is an additional penalty fee and Driver/Partner will be liable for any consequential costs or compensation related to such Bookings. In the event that a Driver/Partner  is persistently late for pickups going to/from an airport, then at MVC’s absolute discretion, the Driver/Partner will no longer be eligible for Any Airport Transfers
    5. Passenger No Show – In the event that Driver/Partner does not turn up for any reason at the agreed pick-up point within 10 minutes of the Agreed Time and the Passenger does not use Driver/Partner for the Trip, it will not be entitled to payment in respect of the Booking and shall be liable for all direct and indirect consequences and costs resulting directly or indirectly from such failure. If in such a situation, and at the Passenger’s complete discretion, the Passenger chooses to use Driver/Partner for the Trip, then payments, will be due to Driver/Partner, after deduction of any amounts payable to the Passenger relating to direct and indirect consequences and costs resulting directly or indirectly from the mentioned failure.
    6. Driver No Show – In the event that Driver/Partner does not turn up for any reason at the agreed pick-up point within 10 minutes of the Agreed Time and the Passenger does not use Driver/Partner for the Trip, it will not be entitled to payment in respect of the Booking and shall be liable for all direct and indirect consequences and costs resulting directly or indirectly from such failure. If in such a situation, and at the Passenger’s complete discretion, the Passenger chooses to use Driver/Partner for the Trip, then payments will be due to Driver/Partner, after deduction of any amounts payable to the Passenger relating to direct and indirect consequences and costs resulting directly or indirectly from the mentioned failure.
Value of Fare Upto 8 Passengers 9 Passengers and above
£0.00 – £15.00 £10.00 £20.00
£15.00 – £35.00 £10.00 £20.00
£35.00 – £80.00 £20.00 £20.00
£80.00 + £20.00 £20.00

 

    1. Right to withhold payments to Partner in case of (suspicion) of non-compliance or fraud – If MVC has a reason(s) to believe or suspect that Driver has materially failed to comply with its obligations under this Agreement or is involved in fraudulent activities, MVC is entitled to withhold payments to Driver pending completion of an investigation.
    2. No minimum income – The fees that MVC pays to Partner depend on the number of rides that Partner and Drivers, authorised to use Partner’s account, execute by using MVC’s Passenger Transport services. MVC does not guarantee Partner any, or any minimum, income.
    3. Tax obligations – Partner is fully and exclusively responsible for compliance with all applicable (local) tax laws and obligations in relation to the provision of Passenger Transport Services pursuant to These Terms, including in relation to any Driver using Partner’s account or anyone employed or engaged by Partner in the provision of Passenger Transport Services. Partner will indemnify and keep MVC indemnified against any costs (including legal costs), claims, damages, penalties, liabilities, expenses, proceedings or interest MVC may suffer or incur as a result of Partner’s failure to comply with this obligation
  2. PASSENGER TRANSPORT RATES
    1. The rates that are charged to clients who buy Passenger Transport services via the Client App are listed on MVC’s website
  3. RELATIONSHIP BETWEEN MVC AND CLIENTS
    1. MVC takes bookings and provides transport services to Clients.
  4. MARKETING, ADVERTISING
    1. MVC has the right to carry out advertising and promotion activities of its Passenger Transport Services at its sole discretion. MVC will determine, at its sole discretion, the volume, content and method of its advertising and marketing activities.
  5. DATA PROTECTION AND PRIVACY
    1. Any personal data that Partner supplies to MVC, whether relating to Partner (if a natural person) or any Driver, will be used in accordance with MVC’s Privacy Policy.
    2. For quality assurance and training purposes, MVC may record telephone calls between Clients / Passengers and Drivers.
    3. Partner agrees to take such steps as are necessary to comply, and to assist MVC to comply, with all applicable obligations under data privacy legislation including but not limited to the General Data Protection Regulation, including ensuring that personal data of Clients and Passengers is only processed in a manner consistent with the legislation, is not used for any unauthorised or unlawful purpose (including any Driver contacting any Client or Passenger for any reason other than the provision of the Passenger Transport  for MVC), is stored safely and securely, and is not retained for any longer period than necessary to comply with legal obligations.
  6. INTELLECTUAL PROPERTY RIGHTS, LICENSE
    1. MVC / its group of companies is the exclusive owner of all (intellectual property) rights relating to the word/device mark MVC, the design and interface of the website https://mayfarivipcars.co.uk as well as the corresponding domain name. All intellectual property rights of any nature vesting in the Driver App and Partner Dashboard together with the underlying software code are exclusively owned by MVC / its group of companies.
    2. MVC hereby grants Partner a non-exclusive, non-transferable royalty-free revocable license to use the Driver App and Partner Dashboard for business purposes in accordance with these Terms.
  7. AVAILABILITY OF DRIVER APP AND PARTNER DASHBOARD, DISCLAIMER OF WARRANTIES
    1. MVC will use reasonable efforts to make the Driver App and Partner Dashboard available at all times (but is under no obligation to do so). However, Partner acknowledges the Driver App and Partner Dashboard are provided over the internet and that thus the quality and availability of the Driver App may be affected by factors outside MVC’s reasonable control.
    2. MVC, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Driver App or Partner Dashboard, or any difficulty in downloading or accessing content, or any other communication system failure which may result in the Driver App or Partner Dashboard being unavailable.
    3. MVC will not be responsible for any support or maintenance of the Driver App or Partner Dashboard.
    4. To the maximum extent permitted by law, MVC hereby disclaims all implied warranties with regard to the Driver App and Partner Dashboard. The (software of the) Driver App and Partner Dashboard is provided “as is” and “as available” without warranty of any kind.
  8. EQUIPMENT REQUIREMENTS INCLUDING DRIVER APP
    1. Partner is responsible for providing all necessary tools and equipment to perform the Passenger Transport Services, including in particular the Vehicle, fuel for the Vehicle and a functioning smartphone meeting applicable technical specifications (whether supplied by the Partner or a Driver engaged or employed by Partner). Partner is responsible for the servicing and maintenance of the Vehicle.
    2. The version of the Driver App software may be upgraded from time to time to add support for new functions and services.
  9. LIMITATION OF LIABILITY
    1. Neither is MVC in any event liable for
      • any damages resulting from a third party fraudulently making use of Partner’s account;
      • failure to meet any of MVC’s obligations under These Terms where such failure is due to events beyond MVC’s control (for example a network failure);
      • any damage or alteration to Partner or any Driver’s equipment, including but not limited to computer equipment, handheld device or mobile telephones, as a result of the installation or use of the Driver App or Partner Dashboard.
    2. Nothing in These Terms shall exclude or limit any liability of MVC which cannot be excluded or limited under applicable law.
  10. TERMINATION
    1. This agreement may be terminated at any time immediately upon written notice by one party to the other.
  11. VARIATIONS
    1. For any complaints or questions and/or lost & found items, mail us via info@mayfairvipcars.co.uk
    2. These Terms shall be governed by and construed in accordance with English law. Each of the parties irrevocably submits for all purposes in connection with this Agreement to the exclusive jurisdiction of the English courts.
    3. If any provision of These Terms shall be deemed unlawful, void or otherwise unenforceable, then such provision shall be deemed severable from These Terms and shall not affect the validity and enforceability of any remaining provisions.
    4. Partner shall not have the right to assign this agreement without the prior written consent of MVC.
    5. Nothing in These Terms shall be construed as placing any restriction on Partner’s or any Driver’s ability to offer to provide services to such third parties as Partner or Driver may choose, including competitors of MVC, and it is acknowledged that at the same time as a Driver is using the Driver App through the Partner’s account a Driver may simultaneously keep open the apps of one or more other potential work providers, with a view to offering (or not offering) Driver’s services to any or all of them.
    6. MVC may change These Terms at any time by posting a revised version on its website. Any change shall come into effect and be deemed accepted by you if you continue using the Driver App after the revised version is posted.

 

  1. Force Majeure

Either Party shall be excused from any delay or failure in performance hereunder ensued by reason of any occurrence or contingency beyond its reasonable control, including but not limited to acts of God, epidemics, flood or tidal waves, explosions, fires, lightning, earthquakes, hurricanes, wars, riot, civil disturbances, casualty, strikes, lockout, labor disputes, civil disturbance, act of public enemy, embargo, war, terrorist act. Notwithstanding the foregoing, a change in economic conditions or technology, traffic conditions or traffic jams shall not be deemed a force majeure. The Party’s excuse due to suffering force majeure as set forth hereunder shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of delay. In the event that such cause subsists for 6 months or more, either Party shall have the right to terminate this Partner Agreement with immediate effect.

 

  1. Offsetting and Retention right

MVC reserves the right to set off any claims against any MVC’s counterclaims arising hereunder or to withhold or retain payment of claims due to any outstanding counterclaims on the part of MVC.

 

  1. Final Provisions

 

  1. This Partner Agreement constitutes the entire understanding and agreement between the Parties and supersedes all prior representations, arrangements, understandings and agreements between the Parties hereto relating to the subject matter hereof.

 

  1. No amendment or modification to the Partner Agreement shall be valid unless itis made in writing and it is signed by a duly authorized representative of each Party. Notwithstanding the foregoing, MVC may propose amendments or modifications to the Partner Agreement and notify the Partner accordingly (notification via Driver Tools or e-mail sufficient). Such amendments or modifications shall be deemed accepted by Partner ten (10) business days after the date of notification, unless Partner objects to them in writing (e-mail sufficient). In such case of objection, MVC reserves the right to immediately remove Partner from the Partner Portal and the Driver Tools, entitling MVC to terminate this Partner Agreement and reassign all outstanding bookings to another Partner, all with immediate effect.

 

  1. Should a term of this Partner Agreement or a part thereof be or become ineffective, the validity of the remaining terms of this Partner Agreement shall remain unaffected. The Parties agree to replace such ineffective term, if any, by a valid term that comes closest to the legal and economic intention of such ineffective term.