It is agreed as follows:
In this Agreement, unless the context expressly provides otherwise, the following definitions apply:
|“AC”||means Airport Concierge, the brand name for the VIP services offered by DiamondAir.|
|“ABI”||means Airport by Invitation, the brand name for the top level of VIP service to include private lounge, security and tarmac transfer offered by DIAMONDAIR’S.|
|“Airport Agent”||means the DiamondAir’s Agents and/or subcontractors meeting the customer at the airport;|
|“Booking”||means a request for Services which has been accepted and confirmed by DiamondAir’s;|
|“Confidential Information”||means the terms of this Agreement and all commercial or proprietary information of a confidential nature disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by a Party to the other Party including information relating to such Party’s know-how, trade secrets and business affairs, whether disclosed before or after the date of this Agreement;|
|“Charges”||means the price which Client shall pay to DIAMONDAIR’S for the Services as set out in Schedule C;|
|“Client”||means ‘you’. The company or individual making a booking with DiamondAir..|
|“Client Personal Data”||means Personal Data provided by or on behalf of Client or data, Personal Data or information extracted from data, which relates to Client, its employees, its customers or any other person in respect of which Client is a Data Controller (as defined by DP Law);|
|”DP Law”||means (while they are in force) (i) the Data Protection Act 1998, (ii) the EU General Data Protection Regulation (“GDPR”) and (iii) any other laws from time to time applicable in the UK relating to the processing of personal data and privacy.;|
|“Exclusive”||means that the Client will only use DiamondAir as its service provider at the airports listed in Schedule C, as set out in clause 2.2, Schedule B;|
|“Force Majeure Event”||means any event beyond the reasonable control of a Party (including but not limited to) acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction or any overriding emergency procedures of government or other competent authority, fire, flood, storm, or drought but excluding always breach of contract by subcontractors of the Supplier, and labour disputes;|
|“Industry Standards”||means the rules and regulations including codes of practice and conduct in force from time to time relating to the Service, including those produced by or under the authority of the Aviation industry;|
|“Initial Term”||means the initial duration of this Agreement as stated in Clause 2;|
|“Intellectual Property Rights”||means all patent, copyright, registered design, design right, trade mark or any other intellectual property right;|
|“Party”||means DIAMONDAIR’S or the Client as the context requires and “Parties” means both of them;|
|“Premium Meet & Assist Services (MAAS)”||means the receiving and escorting of passenger by DIAMONDAIR’S at London Heathrow (LHR)and other Airports as set out in Schedule C;|
|“Personal Data”||means data which is subject to protection under DP Law in any jurisdiction;|
|“Processing”||has the meaning given to it in DP Law;|
|“Services”||means the Premium Meet and Assist Services to be performed or provided by DIAMONDAIR’S under this Contract as described in the Schedule B;|
|“Term”||means the Initial Term, together with any Renewal Term (if applicable);|
DiamondAir represents and warrants as follows;
Should conditions at a given airport change and Services be varied or restricted from the Services outlined in Schedule B and C, DiamondAir shall inform the Client via email within two (2) business days of such suspension or modification being communicated to DiamondAir by the airport/airport authorities.
Both Parties shall observe and comply with all applicable DP Law, including but not limited to the terms and conditions set out in Appendix I and The Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended).
Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable, the other provisions of this Agreement and/or the remainder of the provision in question shall remain in full force and effect.
This Agreement and other non-contractual obligations shall be governed by, and be construed in accordance with, English law and the parties agree that the English courts shall have exclusive jurisdiction to settle any dispute or claim arising out of this Agreement.
Any notice required by either party under this Agreement shall be deemed properly given if addressed to the Agreement and address as set out in page 1 of this Agreement.