TERMS & CONDITIONS
DiamondAir International Limited complies with the ‘Data Protection Act 1998’ (UK).
It is agreed as follows:
Definitions
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); |
- In this Agreement, a reference to a person includes a reference to a body corporate, unincorporated association,
incorporated association, that person’s - legal representatives, partnership, successors and permitted assigns, government authority and competent authority.
- A reference to a statute, regulation, or other document of authority must be construed as a reference to a statute, regulation, or document of authority, as the case requires, in effect on the date on which the Agreement is made and which may be updated from time to time.
- Words in the singular number include the plural and vice versa.
- Words importing a gender include every other gender.
- The words and phrases “other”, “including” and “in particular” shall not limit the generality of any preceding words or be construed as being limited to the same class as any preceding words where a wider construction is possible.
- Headings to the clauses and sub-clauses in this Agreement are for reference purposes only and shall not affect their
interpretation. - If there is any conflict between the clauses and the Schedules of this Agreement the clauses shall take precedence.
DiamondAir’s Personnel
- DiamondAir will use commercially reasonable efforts to ensure the continuity of DiamondAir’s Personnel assigned to perform the Services for Client.
- DiamondAir’s assigned to perform any part of the Service shall observe and comply with all relevant security procedures, rules, regulations, policies, regulatory obligations as applicable.
- DiamondAir shall ensure that appropriate background reference checks are completed for all DiamondAir Personnel. DiamondAir warrants that such personnel have the necessary skill and has acquired the necessary orientation, training and background checks to professionally carry out the service.
- If the Client reasonably believes that any “DiamondAir’s Personnel” or their performance are unsatisfactory, the Client shall notify DiamondAir and DiamondAir shall promptly take appropriate corrective action.
Rates, Charges and Taxes
- In consideration of DiamondAir providing the Services, the Client agrees to pay to DiamondAir the charges set out in
Schedule B. - There will be additional charges for public holidays, late booking, cancellation and amendments. These charges
vary by destination and are available on request and form part of this Agreement. - DiamondAir reserve the right to increase its rates and/or charges at any time. You will be given at least thirty (30) days advanced notice of any increases.
- DiamondAir will charge a booking fee to process all bookings.
- Unless the Client furnishes to DiamondAir a certificate evidencing appropriate exemption for any such taxes or other such appropriate documentation, DiamondAir shall add to each invoice any value-added tax or other such levies by any taxing authority upon provision of the services, excluding any national or local privilege or franchise taxes.
- If after the Effective Date and for a period of 2 years thereafter, DiamondAir believes that it is required by law to collect any such taxes for which the Client would be responsible under Clause 3, but which they were not originally invoiced for, DiamondAir shall notify Client in writing of requirements.
Warranties
DiamondAir represents and warrants as follows;
- DiamondAir has the requisite and corporate power and authority to enter into this Agreement.
- DiamondAir will provide and complete the services diligently, in a competent and professional manner, using
an adequate number of qualified personnel and in accordance with all other requirements and timeframes set
out in this Agreement - DiamondAir is an independent contractor and DiamondAir’s personnel are the responsibility of DiamondAir and solely employees of the independent contractor. No DiamondAir personnel are entitled to any compensation from the Client.
- DiamondAir has complied with and continues to comply with all applicable domestic, foreign and local laws
and regulations and will obtain all applicable permits and licenses in connection with its obligations under this
Agreement. - To the extent the performance of its obligations entails, the access to, or use of, Client’s data DiamondAir will comply with DP Law.
Requests for Bookings
- DiamondAir will accept bookings for the service via its online booking portal at https://diamondairinternational.com or by contacting DiamondAir’s booking team on 0208 897 9183.
- Bookings can not be made more than two (2) months ahead of the service taking place.
- The Client should provide all the relevant passenger details required for booking, including, destination, flight number, service required and contact details
- Bookings will be confirmed either automatically by DiamondAir’s booking portal or via email and with a booking reference, within 48 hours of receipt of the booking request, unless the booking is an emergency booking (ECO) where the service is to take place in less than 48 hours, in which case, booking confirmation will be as soon as is reasonably possible for the required destination.
- The Client shall procure that each passenger using the Service is aware of and accepts DiamondAir’s Terms and Conditions of Use, available here: https://diamondairinternational.com/terms-conditions/
- DiamondAir provides some services in partnership with third parties and the Client/Passenger(s) may be subject to third party Terms and Conditions. *
Cancellation or Modification of Bookings
- Cancellation and modification of Services will incur charges. These charges vary, are subject to change and are set
out in Schedule B. - For Departure services only, where the flight delay or disruption was not announced prior to the Passenger(s) arriving at the airport, DiamondAir’s Airport Agents shall remain on duty for a maximum of three (3) hours to assist with departure service.
- Where several bookings are requested on the same booking during the course of one journey, each booking shall be considered a new and separate booking and shall be treated as such for no-shows and cancellation purposes.
- Where a passenger fails to show for a meet that has not been cancelled in alignment with DiamondAir’s cancellation policy, full charges shall apply.
Customer Service & Complaint Handling
- If you are not satisfied with the Service that has been delivered, this will be investigated by DiamondAir to confirm the causes.
- DiamondAir shall acknowledge receipt of complaints either from the passenger or the Client, via email within forty-eight (48) hours of its receipt.
- DiamondAir shall resolve all customer complaints within ten (10) working days of receiving such complaint.
Suspension or Modification of a Service
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.
Quality of Service
- Airport Agents shall be dressed in suitable uniform, displaying the name or identification of the Agent.
- Airport Agents will hold an electronic or physical sign with the lead passenger’s name clearly visible.
- Courtesy and confidentiality will be displayed always.
Invoicing and Payment
- All bookings will be subject to a
- DiamondAir shall invoice the Client once the Service, has taken place, with the full charges arising, including any additional services.
- All invoices shall bear the booking reference numbers as provided by DiamondAir on the confirmation email and any subsequent emails amending the service.
- Payment is due no more than thirty (30) days from the date of the invoice.
- Any statements sent are for record-keeping purposes only.
- All invoice queries should be sent to Credit Control at:credit.control@diamondairinternational.com within five (5) working days and will be acknowledged within twenty-four (24) hours (where possible) and investigated accordingly.
- The Parties agree that the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 shall apply to
this Agreement; - Settlement of invoices by Client to DiamondAir shall be affected in the same currency as stated in the invoice and by
bank transfer unless otherwise agreed.
Payment in Advance
- Where the Client pays a volume-based retainer payment in advance, all payments should be made within thirty (30) days of the date on the pro-forma invoice and at least five (5) before the first service is booked.
- Payment in advance arrangements will be agreed for a specific time. Any unutilized/outstanding services remaining at the end of the term, will not be refunded or rolled over without prior written agreement.
Invoicing for Commission Payments
- Where the Client is entitled to a commission on bookings made, the agreed commission will be calculated on the core meet and assist service only and not on additional services.
- The Client shall invoice DiamondAir, for its claim for commission, no later than the 4th of the following month.
- Commission invoices for the preceding month, arriving later than the 4th day of the following month will be paid on the next payment cycle.
- All commission invoices must be addressed to DiamondAir International Limited and clearly state;
- The company’s full trading name and address,
- The company’s registration and/or VAT number (if applicable),
- The date of invoice and
- The invoice number.
- All commission invoices shall bear the booking reference numbers as provided by DiamondAir on the confirmation email and any subsequent emails amending the service.
- Invoices should be sent as soon as possible for payment as invoices for services that took place twelve (12) months ago or longer will not be honoured.
- All invoices shall be sent via e-mail to: accounts@diamondairinternational.com.
- Any queries shall be raised by DiamondAir within fine (5) working days and shall be acknowledged within twenty-four (24) hours and investigated accordingly.
- Once approved, DiamondAir shall pay the commission invoice no later than thirty (30) working days from the date of commission invoice provided any queries have been rectified.
- DiamondAir may set off any sums due to the Client whether under this Agreement or otherwise any lawful set off or counterclaim
- Settlement of invoices by DiamondAir to the Client shall be affected by bank transfer unless otherwise agreed.
Duration and Termination
- Either party may terminate this Agreement immediately upon thirty (30) days written notice to the other party for any
reason. The rights and remedies provided for in this section are not exclusive and are in addition to any other rights
and remedies provided by law or this Agreement. - Upon termination or expiration of this Agreement:
- Each Party shall immediately remove any content provided by the other Party;
- Both Parties shall immediately remove any of the other Party’s trademarks or intellectual property from any creative produced and cease any use of all Party’s marks;
- Each party shall bear their own costs upon termination of this Agreement:
- For the avoidance of doubt, upon termination for convenience neither party shall be obligated to pay, nor bear the costs of the other party;
Intellectual Property
- Subject to the terms and conditions set forth in this Agreement, each party shall grant to the other a worldwide, royalty-free, non-exclusive license, during the Term, to use, reproduce, publicly display, perform, broadcast, publish and distribute of the name, trademarks, logos, artwork and other content (collectively, “Materials”) furnished by the other party to use relating to the promotion of the Services.
- Neither party may publicly display, perform, broadcast, publish or distribute the Materials of the other party (or any works containing or derivative of the Materials of the other party) without first obtaining prior written approval from the other. Each party will use best efforts to reply to any such request within three (3) business days, but failure to respond within such period shall not be deemed as approval. Each party shall comply with any branding or trademark guidelines provided by the other in any use of licensed Materials.
- Except as otherwise agreed in writing between the Parties, all Intellectual Property Rights in any work which is developed specifically for the provision of the Services shall vest in the party creating it. In addition, each party shall do all things and render all such assistance as may be reasonably required in order to vest such rights.
- Each party will indemnify and keep each other fully indemnified against any and all costs, claims, charges, damages, demands, expenses and liabilities of whatever nature arising out of or in connection with any claim that the Services or the normal use of anything whatsoever developed under this Agreement infringes or is likely to infringe the Intellectual Property Rights of any third party.
Force Majeure
- Subject to clause 15.2, DiamondAir’s shall not be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from a Force Majeure Event. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed, provided that if the period of delay or non-performance continues for more than 28 days, the Party not affected may terminate this Agreement by giving thirty (30) days' written notice to the Affected Party.
- If a Force Majeure Event occurs, the Affected Party shall use all reasonable endeavours to mitigate the effect of the Force Majeure Event and to carry out its obligations under this Agreement in any way that is reasonably practicable.
Data Protection
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).
Indemnity
- 17.1 The Parties shall be responsible for and shall indemnify each other, their employees and Airport Agents (“those indemnified”) from and against all loss, liability, claims and expense (including legal costs and expenses) reasonably incurred or suffered by any of those indemnified in respect of:
- 17.1.1 a breach by the Party of clause 14(Intellectual Property);
- 17.1.2 a breach by the Party of clause 18 (Confidentiality);
- 17.1.3 a breach by the Party of clause 16 and Appendix 1 (Data Protection);
- 17.1.4 a breach by the Party of clause 19 (Anti-Bribery);
- 17.1.5 any corruption or loss of software and/or data
- 17.1.6 any other liability under this Agreement, in each case arising as a consequence of the wilful misconduct, deliberate and/or reckless and/or unlawful and/or negligent acts or omissions, any breach of this Agreement, or breach of statutory duty by either Party, its employees, Airport Agents, or subcontractors.
- 17.2 The Party’s liability to indemnify the other under clause 17.1 shall be reduced proportionately to the extent that the other Party, its employees or Airport Agents contributed to the loss or liability.
- 17.3 Nothing in this Agreement shall exclude or limit either Party’s liability for death or personal injury arising as a result of its negligence or fraud or for any liability that cannot be excluded by applicable law.
- 17.4 Subject to clause 17.3 neither Party’s aggregate liability for any and all claims under this Agreement or in negligence or for breach of statutory duty shall exceed 150% of the total Charges payable to the Supplier under this Agreement or £200,000 whichever is the greater.
Confidentiality and Announcements
- Each Party undertakes that it shall not at any time during this Agreement and for a period of five years after termination or expiry disclose to any person the terms of this Agreement and any Confidential Information, except as permitted by clause 18.2.
- Each Party may disclose the other Party's Confidential Information:
- To its employees, Agents or suppliers for the purposes of carrying out the Party's obligations under this Agreement. Each Party shall ensure that the recipients of Confidential Information are made aware of and comply with the obligations of confidentiality under this Agreement as if they were a party to this Agreement; and
- As may be required by law, court order or any governmental or regulatory authority.
- A Party shall not use the other Party's Confidential Information for any purpose other than to perform its obligations under this Agreement.
- A Party shall not make public or disclose to any person information concerning the existence of, the transactions referred to in or the nature or subject matter of this Agreement (other than to the extent required by law), without the prior written consent of the other Party which consent shall not be withheld unreasonably.
Anti-Bribery
- The Client acknowledges and agrees that DiamondAir’s will not tolerate bribery in any form regarding the conduct of its business.
- The Client shall:
- comply with all provisions of the Bribery Act 2010 (including any related regulations or guidance) and DiamondAir’s anti-bribery policies as provided by DiamondAir’s to the Client from time to time, as updated by DiamondAir’s; and
- Client shall impose on any person associated with the Client who is working in connection with this Agreement terms equivalent to those in this clause 18 and be responsible for the compliance by such persons with such terms and be directly liable to DiamondAir’s for any breach by such persons of such terms.
- A breach by the Client of this shall be deemed a material breach of this Agreement.
- Client shall be responsible for and shall indemnify DiamondAir from and against any losses or liabilities reasonably incurred or suffered by DiamondAir arising out of any breach of this clause 18 by the Client or any of the persons associated with it under clause 18.3.
Entire Agreement
- This Agreement (including its Schedules) along with DiamondAir’s ‘Terms and Conditions of Use* and its relevant policies represents the entire Agreement between the Parties and supersedes all prior representations, Agreements, statements and understandings, whether oral or in writing, relating to the subject matter of this Agreement. Should there be a conflict between this Agreement and the applicable ‘Term and Conditions’ this Agreement shall prevail.
- The Parties acknowledge that it has entered into this Agreement in reliance only on the representations, warranties, promises and terms contained in this Agreement and, save as expressly set out in this Agreement, Client shall have no liability in respect of any other representation, warranty or promise made prior to the date of this Agreement unless it was made fraudulently.
Severability
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.
General
- No purported variation of this Agreement shall be valid unless it is in writing (which for this purpose does not include email) and signed by the Parties.
- Unless expressly provided in this Agreement, a person who is not a party to this Agreement shall not have any right under the Agreements (Rights of Third Parties) Act 1999 to enforce any of its terms.
- Nothing in this Agreement shall be deemed to create or constitute a partnership, agency relationship, or joint venture between the Parties. Neither Party shall act or describe itself as the rep of the other (except where expressly authorised), nor shall it make or represent that it has authority to make any commitments on the other's behalf.
- This Agreement may be executed in more than one counterpart with the same effect as if the Parties to this Agreement had all executed one document
Governing Law and Dispute Resolution
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.
Notification
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.
DiamondAir International Limited complies with the ‘Data Protection Act 1998’ (UK).
For the distance (telephone and online) supply of consumer services by Airport Concierge London Limited.
1.These terms
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 Definitions
In this Agreement, unless the context expressly provides otherwise, 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.
“Privacy Policy”: means our privacy policy at [www.diamondairinternational.com/privacy-policy]
“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 or by email to reservations@airportconcierge.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 [reservations@diamondairinternational.com]
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.Our services
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 reservations@airportconcierge.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) to 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.
See also clause 9.3.
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.
15. How we may use your personal information
15.1 How we will use your personal information. We will use the personal information (also called “Personal Data”) you provide to us in accordance with our Privacy Policy, in order to:
(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. Other important terms
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.
DiamondAir International Limited complies with the ‘Data Protection Act 1998’ (UK).
Terms & Conditions of Booking
- All rates quoted above are the ‘START FROM’ rates – there may be additional charges which will be advised during the booking process. Rates are subject to change without notice. However we would endeavour to keep you up to date of any price increase.
After first 3 hours of service, an additional hourly fee applies.
PLATFORM CONCIERGE PREMIUM SERVICE - Once PLATFORM CONCIERGE PREMIUM SERVICE is booked and confirmed, full charges are applicable for any cancellation or amendments.
PLATFORM CONCIERGE LANDSIDE SERVICE - Any cancellation for PLATFORM CONCIERGE LANDSIDE SERVICE within 48hrs will result in full charge unless otherwise stated. Amendments charge of £30.00 is applicable (or equivalent in applicable currency) for late bookings made or changed within 48 hours of the train departure/arrival time.
Services provided during a Public holiday can be subject to a 50% surcharge or admin fee.
All rates are inclusive of foreign taxes, administration costs, gratuity & tips but excluding UK VAT @ 20%
which is applicable to all services provided in the UK. - Credit card charges are subject to a 3.5% fee.
Due to the nature of our operation, trains may be subject to last minute track changes. If you are unable
to see your Platform Concierge representative, please call our emergency contact number on +44 (0)7767 368600 or +44 (0)208 897 9183 / USA: 877-854-5472. We are not obliged to provide direct contact information of our representatives. - A contact number for the passenger travelling, their driver, or another representative travelling with the passengers booked must be provided ahead of the service execution in good time. DiamondAir cannot take responsibility for services which cannot be fulfilled due to the client party not being able to be contacted by the DiamondAir International Ltd representative.
Liability
- Our total liability for any loss shall not be more than the total sum we charge you for the booking. We will not be held liable or responsible for any direct or indirect loss or damages to Your business or that of any third party nor for any loss of profits, opportunity or data.
- To the maximum extent permitted by law, we accept no responsibility for any damage, loss, accident, sickness, injury or death that you or anyone else may suffer or incur arising out of DiamondAir International Ltd and/or in connection with these terms & conditions.
- Nothing in these terms shall exclude or limit our liability for fraud or death or personal injury caused by our negligence or any other matter which it would be illegal for us to (or attempt to) exclude or limit.
- We accept no liability for the consequences of any delay or for any loss, cost or expense incurred by you as a result of the actions of any third party including without limitation the Customs or Immigration Authorities at any airport. You accept that you alone are responsible for compliance with all governmental regulations upon 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.
- You agree to indemnify us in respect of all claims, damages, losses, costs and expenses (including legal expenses) which are awarded against or incurred by us as a direct result of your acts or omissions or the acts or omissions of any person covered by your booking in the course of using the DiamondAir International Ltd.
- DiamondAir International Ltd employees and/or representatives are not permitted to hold infants or accept any responsibility for infants and children, including handling pushchairs and prams.
- DiamondAir International Ltd employees and/or representatives are not trained or insured to handle any baggage (hand luggage or checked in) please request a baggage porter at the time of booking if this is required.
Products & Services Provided by Third Parties
If we arrange for another company to provide you with products or services (for example, porter or chauffeur cars) and issue you with confirmation relating to any such products and services, we are acting only as your agent in making those arrangements. We do not guarantee that products and services provided by third parties will always conform to their exact description. We will have no liability to you regarding any products and services we arrange for you which are to provided by another company unless caused solely by our negligence.
Terms & Conditions for use and legal restrictions of this Web-site
- All computerised equipment entering this Web-site. User must have adequate ‘AntiVirus’ protection installed on each piece of their individual apparatus used and must also be protected by ‘Security’ & ‘Firewalls’. NO responsibility will be accepted by DiamondAir International Limited for any Suspected Breach or Virus that may occur on end users equipment.
- DiamondAir International Limited authorises you to view and download the materials at this website (“Site”) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials.
- You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorised use of any materials may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorisation to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
- THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
- DiamondAir International Limited obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this web-site should be construed to alter such agreements.
- DiamondAir International Limited further does not warrant the accuracy and completeness of the materials, software or services at this Site. DiamondAir International Limited may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice.The materials and services at this Site may be out of date, and DiamondAir International Limited makes no commitment to update the materials and services at this Site.
- IN NO EVENT WILL DIAMONDAIR INTERNATIONAL LIMITED, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT HP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- DiamondAir International Limited administers this Site from its offices Heathrow Airport. UK. DiamondAir International Limited makes no representation that materials or services at this Site are appropriate or available for use outside the United Kingdom, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation United Kingdom and U.S. export laws and regulations. If you choose to access this Site from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of England and by using this Site you submit to the exclusive jurisdiction of the English courts.
- DiamondAir International Limited may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
ATTENTION: PLEASE READ THESE TERMS COMPREHENSIVELY BEFORE USING THIS WEBSITE. BY USING THIS SITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS.
PLATFORM CONCIERGE is brought to you by DiamondAir International.
DiamondAir International Limited complies with the ‘Data Protection Act 1998’ (UK).
1.OUR TERMS
1. What these terms cover. These are the terms and conditions on which we supply services to you.
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.
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).
- “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.
- “Personal Data”: means data relating to an individual, which is protected under the Data Protection Act 1998 (or any equivalent law outside the UIC).
- “Services”: means the services listed on our website from time to time.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
1. Who we are. We are DiamondAir International Limited a company registered in England and Wales. Our company registration number is 41 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. How to contact us. You can contact us by telephoning our customer service team on +44 (0)208 897 9183 or by writing to us at reservations@diamondairinternational.com AND 1st Floor, Strata House, Harlington, Hayes, Middlesex, UK, UB3 5JJ.
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.
4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
1. All Customers must have a flight reservation before making a booking with us.
2. Booking request must be made by email to reservations@diamondairinternational.com.
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 www.diamondairinternational.com
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).
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.
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.
7. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, 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.
8. If we cannot accept your order. If we are unable to accept your order, we will inform you of this.
9. 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. THE SERVICES
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.
2. Airport by Invitations services are provided by third parties and you will also be subject to the terms and conditions of those third parties.
3. 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. Our services are available for departures, arrivals and transits, depending on the airport.
5. You must be 18 or over to book and use our Airport by Invitation services.
6. 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).
7. We will not intervene in disputes between you/the Customer and the airline, customs or border control or airport authorities.
8. 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.
9. 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.
5.BOOKINGS MADE FOR PASSENGERS
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.
2. When we confirm the booking for a Customer, a binding contract is formed with you and the Customer.
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 reservations@diamondairinternational.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
1. Changes to the services. We may change the services:
a. to reflect changes in relevant laws and regulatory requirements; and
b. to implement minor technical adjustments and improvements, for example to address a security threat.
c. To implement changes that have been made by the 3rd party supplier
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
1. When will the Services be provided? Services will begin on the date agreed with you during the order process.
2. We are not responsible for delays outside our control. If 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.
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.
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.
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.
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
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].
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.
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.
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;
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.
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)
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 0208 8979183 or email us at reservations@airportconcierge.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
b. By post. to DiamondAir International Limited, 1st Floor Strata House, 264-270 Bath Road, Harlington, Hayes, Middlesex, UK, UB3 5JJ, including details of what services you bought, when you ordered them and your name and address.
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.
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. 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.
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.
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.
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
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 0208 8979183 or write to us at reservations@diamondairinternational.com or DiamondAir International Limited, 1st Floor Strata House, 264-270 Bath Road, Harlington, Hayes, Middlesex, UK, UB3 5JJ.
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.
See also clause 9.3.
13. PRICE AND PAYMENT
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.
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.
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.
4. When you must pay and how you must pay. All payments must be in £ sterling. We accept payment with Visa, Mastercard 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.
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
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.
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.
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.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
1. How we will use your personal information. We will use the personal information you provide to us:
a. to supply the services to you;
b. to process your payment for the services; and
c. if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
2. The making of a booking constitutes consent for us to 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.
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.
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.
5. We will only give your personal information to other third parties where the law either requires or allows us to do so.
16. OTHER IMPORTANT TERMS
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.
2. You and the Customer remain fully responsible for personal belongings at all times during the provision of the services.
3. You/the Customer must pay any excess luggage charges and fees directly to the relevant airline.
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.
5. We retain all IP Rights in all documents created or provided by us in connection with or arising out of our contract.
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.
7. You and the Customer must comply with the UK Bribery Act 2010 and our anti-bribery policy, which is available on request.
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.
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.
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.
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.
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.
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.
14. Complaints. Any complaints regarding the services should be notified to us within 14 days of the services being performed and be emailed to [customerservice@diamondair.com], by calling 0208 897 9183 or writing to us at 1st Floor, Strata House, Harlington, Hayes, Middlesex, UK, UB3 5JJ
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.