Privacy and Cookies Policy

This policy sets out how Capstar Services (UK) Limited (“Capstar”) uses and protects any information that you give us or that we may collect or otherwise process in the course of your using our website or any of our ground transportation services or a dedicated driver for ground transportation services. Capstar is committed to ensuring that your privacy is protected and is the controller of your personal data for data protection purposes.

Capstar may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from February 2014.

If you have any questions about this policy or your information, please contact us at info@capstar.co

What we collect

We may collect the following information:

• name and job title;
• contact information including email, phone number, address and place of work as well as contact information for any recipient or sender of a Package;
• information about the requested Journey (e.g. pick up/drop off addresses) or any Package to be collected or sent;
• name of passengers and any specific travel requirements such as disability requirements, whether minors are travelling, VIP status or any other information contained in the Booking Request (with respect to ground transportation services) or in the Specific Details (with respect to the supply of a dedicated driver);
• credit or debit card details;
• demographic information such as postcode, preferences and interests; and
• other information relevant to customer surveys and/or offers.

What we do with the information we gather

We may use this information for the following purposes:

• to set up and administer your account;
• to carry out our obligations arising from any bookings that you have made with us or other services provided to you;
• to communicate with you;
• to investigate any complaints or queries with respect to our website or services;
• to conduct surveys and market research;
• to improve and develop our website and other products and services and provide you with details of our promotions, products and services (where we have the appropriate permissions to do so);
• to gather management information to form statistical and trend analysis; and
• to meet legal and regulatory purposes.

We may also use a live time GPS tracker system in order to ensure that your Journey is as efficient as possible which we will monitor from our office.

The UK Data Protection Act 1998 gives special protection to sensitive personal data which will include information about a passenger’s health. We may collect information about a passenger’s disabilities so we can provide a better service and make any necessary adjustments to our vehicles and the Journey. By using our services, you agree that we may process data about your health for these purposes. If you are providing this information on behalf of others, please make sure you have their permission to share such information.

In the event that the business is sold or integrated with another business, your details will be disclosed to our advisors and any prospective purchaser’s advisors and will be passed to the new owners of the business.

We may also disclose your information when we believe that it is appropriate to comply with the law, enforce or apply our terms and conditions or other policies or to protect the rights, property and safety of Capstar, our clients and others.

We may employ the services of a third party to help us in certain areas, such as when that third party provides the dedicated driver or chauffeuring services on our behalf, or for website hosting and maintenance. In some cases, the third party may receive your information. However, at all times, we will control and be responsible for the use of your information.

Marketing communications

As stated above, we may use your email address information to periodically send you promotional material about our new products and services or special offers which we think may be of interest to you. If you do not wish to receive such emails, please email us at info@capstar.co or click on the unsubscribe link at the bottom of any emails you receive.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online, by email, over the phone and in person. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes.

How we use cookies

A cookie is a small file that asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

If you don’t want to receive cookies, you can modify your browser so that it notifies you when cookies are sent to it or you can refuse cookies altogether. You can also delete cookies that have already been set. If you wish to restrict or block web browser cookies which are set on your device then you can do this through your browser settings: the Help function within your browser should tell you how.

Alternatively, you may wish to visit www.aboutcookies.org, which contains comprehensive information on how to do this on a wide variety of desktop browsers. However, please note that if you select such settings you may be unable to access certain parts of our website or certain content or functionality may not be available.

Links to other websites

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information, which you provide whilst visiting such sites and such sites are not governed by this policy. You should exercise caution and look at the privacy statement applicable to the website in question.

Access to your personal data

You may request details of personal data that we hold about you under the Data Protection Act 1998. A small fee may be payable and we may require you to provide verification of your identity. If you would like a copy of the information held on you please email info@capstar.co. Please note that in certain circumstances, we may withhold access to your personal data where we have the right to do so under the Data Protection Act 1998.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Terms & Conditions

FOR THE SUPPLY OF GROUND TRANSPORTATION SERVICES

1. Introduction
   1. We operate the website www.capstar.co (“our Site“). We are Capstar Chauffeurs Limited, a company registered in England and Wales under company number 08308627 and with our registered office at The Farmhouse, Syon Park, Brentford, Middlesex TW8 8JF (“we“, “our“, “us” or “Capstar“). Our VAT number is 164 256 605.
   2. This document (together with our Privacy Policy and Terms of Website Use, which are available on our Site) tells you information about us and the legal terms and conditions (“Terms“) on which we provide the ground transportation services detailed on our Site (“Services“) to you.
   3. You should print a copy of these Terms or save them to your computer for future reference.
   4. We amend these Terms from time to time as set out in section 10. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in January 2017.
   5. In these Terms:
      • “Contact Person” shall mean the person named as such in the Order (as defined in section 2.5 below);
      • “Customer Account” shall mean a customer account which has been opened by us in respect of providing the Services to you and is identified by way of an allocated account number. Please note that we may, at any time, set a limit on the total credit given to your account in any given period. Any such limit shall be notified to you in writing by us;
      • “Driver(s)” shall mean a person who drives any Vehicle for the purposes of carrying out the Services, and any reference in this context to one gender includes all genders;
      • “Journey” shall mean each pick-up, ground transportation and delivery to an agreed destination of any Passenger or Package by or on behalf of us as set out in the Order;
      • “Lead Passenger” shall mean the person named as such in the Order;
      • “Package” shall mean any package or other item that is set out in the Order;
      • “Passenger(s)” shall mean any passenger set out in the Order;
      • “Payment Card” shall mean the details of the card that you shall use for all payments to us, which we request at the time you make your Booking Request;
      • “Price List” shall mean our standard price list or any other price list agreed with you; and
      • “Vehicle” shall mean any motor vehicle used by a Driver to complete a Journey and which may include a Personal Vehicle in accordance with section 5.

2. Our contract with you
   1. If you are a consumer then references in these Terms to “you” are to the individual using our Site and ordering the Services for private and non-commercial purposes. If you are a business, references in these Terms to “you” are to the business that you have the authority to bind in accordance with section 9.
   2. Please read these Terms carefully and make sure that you understand them, before ordering any Services. Please note that by ordering any of our Services in accordance with section 2.3, you agree to be bound by these Terms and the other documents expressly referred to in them.
   3. Services shall be requested in accordance with the process set out in this section 2.3:
      1. please: (i) fill in and submit the booking request form or package delivery form (as appropriate) which can be found on our Site at www.capstar.co; or (ii) send an email to bookings@capstar.co; or (iii) call us on +44 (0) 208 568 7902, and in each case provide us with the information we request, including your Payment Card details (and any other additional information you believe we would reasonably require in order to provide the Services, in accordance with section 7.1.2 );
      2. we shall respond to your request by phone or by email as soon as reasonably possible informing you of a quote or fixed price for the Services; and
      3. if such quote or fixed price is acceptable, please: (i) send an email to bookings@capstar.co; or (ii) call us on +44 (0) 208 568 7902 informing us that you would like to order those Services for that price,
      4. (a “Booking Request“).
   4. We may, in our absolute discretion, decline to accept a Booking Request.
   5. We will confirm our acceptance of your Booking Request by sending you an e-mail confirming the information you included in your Booking Request (“E-mail Confirmation“) (at which point the Booking Request shall become an “Order“). These Terms together with the Order will become legally binding on you and us when we send you the E-mail Confirmation and each Order shall incorporate the Terms and shall be a new and separate contract between you and us (“Contract“).
   6. If any of these Terms conflict with any terms of an Order, the Order will take priority.
   7. We shall assign a booking reference number to the Order and inform you of it when we send you the E-mail Confirmation. Please quote the booking reference number in all subsequent correspondence with us relating to that Order or the applicable Contract.

3. Our Services
   1. There may be delays in providing the Services due to an Event Outside Our Control (as defined below). Please see section 17 for our responsibilities when an Event Outside Our Control happens.
   2. We shall ensure that, in relation to each Journey, the Lead Passenger, or for Packages, the Contact Person, receives notification that the Vehicle and Driver allocated to such Journey has arrived at the pick-up/collection point via text message, if their mobile number has been provided in the Order. If you would prefer to receive a phone call or email instead of a text message please inform us at the time you make the Booking Request.
   3. If you do not pay us for the Services when you are supposed to as set out in section 13, we may suspend completion of any other Orders we have with you with immediate effect until you have paid us the outstanding amounts. We will contact you to tell you this. This does not affect our right to charge you interest under section 13.2.
   4. Our Services will be provided using reasonable care and skill.

4. Drivers
   1. We shall ensure that:
   2. all Drivers will be appropriately licensed in accordance with any applicable laws and regulations and will have been adequately trained for his role in connection with the performance of the Services; and
   3. each Driver shall be bound by the confidentiality obligations set out in section 14.

5. Vehicle Requirements
   1. We will ensure that each Vehicle, other than Personal Vehicles, shall be roadworthy, properly registered, regularly inspected, and with all applicable duties and taxes paid in each case at least as required in order to comply with any applicable laws and regulations.
   2. At your request, with prior written approval from Capstar and provided you are at all times in compliance with sections 5.3 to 5.5, the Vehicle used for the Journeys may be a vehicle registered in your name or the name of your company (“Personal Vehicle“).
   3. The details of each Personal Vehicle must be agreed by Capstar in writing, in advance of being used by the Driver. It is in Capstar’s sole discretion whether to agree to the use of a Personal Vehicle and Capstar may revoke its agreement at any time.
   4. In respect of each Personal Vehicle, you shall ensure that it is roadworthy, properly registered, insured with fully comprehensive cover, including in respect of the Driver, and appropriate for use by the Driver for the purpose of the Services being provided to you, regularly inspected, and with all applicable duties and taxes paid, in each case at least as required in order to comply with any applicable laws and regulations, and this shall be your sole responsibility.
   5. Capstar shall be entitled to request and you shall promptly provide all such documents as may reasonably be needed to properly evidence your compliance with section 5.4. Capstar shall also be entitled at any time to require that any Personal Vehicle be independently inspected, at your cost, by an appropriately qualified mechanic if the Driver reasonably believes there is a problem with the vehicle that has not been dealt with. If such mechanic identifies that any repairs are necessary in order for the relevant Personal Vehicle to comply with section 5.4 then you must either complete these repairs at your own expense or use a Vehicle that is not a Personal Vehicle.

6. PACKAGES
   1. If you make a Booking Request for the purposes of sending a Package:
      1. each Package shall be accompanied by a delivery note which shows the collection, delivery and return addresses, date of the delivery and any other relevant information (“Delivery Note“). Upon delivery of the Package, the recipient, or the recipient’s agent or representative, having had a reasonable opportunity to inspect the Package, shall sign the delivery note as confirmation that the Package has been delivered and that no damage has been caused to the Package during the Journey (the “Receipt“);
      2. if it has not been possible for the Driver to obtain a Receipt the Package will not be delivered and will be returned to the sender at the return address (or to the pick-up address set out in the Order for the attention of the Contact Person if no return address has been included). Any additional costs incurred in relation to the non-delivery of a Package will be charged to you in accordance with the Price List and Schedule 2;
      3. any Receipt obtained by the Driver in respect of delivery of the Package shall be conclusive as to time and place of delivery; and
      4. you will ensure that all Packages are appropriately wrapped and adequately labelled with the identity and address of the recipient and acknowledge that if it is not appropriately wrapped then Capstar shall not be responsible for any damage to it during the Journey.
   2. If you make a Booking Request for the purposes of receiving a Package:
      1. you will provide the Driver with collection instructions which advise the Driver of the collection and delivery addresses, date of the collection and delivery, a contact telephone number for the sender of the Package, and any other relevant information (“Collection Instructions“). The Driver will record the Collection Instructions in writing in his log book and, where practical, will seek to confirm these with you before making the relevant Journey;
      2. the Driver will deliver the Package to you at your home or business address or such other address as specified in the Collection Instructions. At your request, or if you are not able to receive the Package straightaway, the Driver may keep the Package in the Vehicle until he is next able to deliver it. Upon delivery of the Package, you or another recipient, or your or their agent or representative, having had a reasonable opportunity to inspect the Package, shall sign the delivery note as confirmation that the Package has been delivered and that no damage has been caused to the Package during the Journey (the “Receipt“);
      3. if it has not been possible for the Driver to obtain a Receipt the Package will not be delivered and will be retained by him in the Vehicle. The Driver will notify you of this and you will need to make a further Booking Request in accordance with this section 6 for its subsequent delivery. If no further Booking Request is made within a reasonable period then the Driver shall deliver it to your home or business address or such other address as specified in the Collection Instructions at his convenience;
      4. any Receipt obtained by the Driver in respect of delivery of the Package shall be conclusive as to time and place of delivery; and
      5. you will use reasonable efforts to ensure that all Packages are appropriately wrapped up by the sender and acknowledge that if it is not appropriately wrapped then Capstar shall not be responsible for any damage to it during the Journey.
   3. Unless expressly agreed otherwise by us in writing and/or specified in the Order, you confirm that Packages shall not:
      1. have a value of over £500;
      2. be fragile or likely to be damaged during the Journey
      3. be of a perishable nature;
      4. include any tools of trade, precious metals, cash, precious stones, jewellery, antiques, works of art, weapons, knives, livestock, animals or foodstuffs
      5. be radioactive, explosive, toxic, inflammable or of a dangerous nature;
      6. include any goods or substances, the possession or transport of which is illegal or which it is illegal to import or export under English law; and
      7. be stolen goods or any items or goods which you are not authorised to have in your possession or to request and permit us to deliver.
   4. Where a Package is in breach of section 6.3:
      1. we shall be entitled to return, pass to any law enforcement authority or government agency, destroy or otherwise dispose of the Package as we (in our absolute discretion) see fit and we shall have no liability to you in respect of such Package; and
      2. you shall be responsible for all resulting costs, expenses and losses incurred by us and shall pay such amounts to us on demand.
   5. We shall use reasonable endeavours to deliver or collect all Packages to and from the delivery addresses set out in the Order.
   6. We shall have absolute discretion in respect of any Package as to the route of the Journey and method of delivery, handling, storage and transportation of the Package unless agreed otherwise in the Order. Where a Package is retained in the Vehicle because the Driver has been unable to deliver it we shall have absolute discretion as to its storage and shall not be responsible for its security.
   7. If the Driver needs to park the Vehicle in order to deliver the Package, all such parking costs will be charged to you in accordance with Schedule 2.
   8. We will not have any liability to you in respect of any damage to a Package that has occurred prior to being in the Driver’s possession. If a Driver identifies any damage to a Package at the time it comes into his possession he will make a note of this. However, he is not obliged to inspect the Package and you acknowledge that he may in any event, not be able to identify whether or not any damage has occurred.
   9. We do not insure any Packages consigned for collection or delivery or which are retained in the Vehicle where the Driver has been unable to deliver them. It is therefore your responsibility to ensure that any Packages are appropriately insured. If the Package is lost or damaged we will not be liable for any amounts that you can claim under such insurance or for which you would have been able to claim had you complied with this section 6.9. While we accept Packages with a value of up to £500 we draw your attention to the limitations of liability set out in clause 16.

7. YOUR OBLIGATIONS
   1. You shall:
      1. ensure that the information you include in your Booking Request is complete and accurate;
      2. ensure that you provide all relevant additional information in your Booking Request, including but not limited to details of any additional destinations during your journey before the final destination, details of any luggage or disability aids (such as wheelchairs) to be transported in the Vehicle, any special requirements of any Passenger (such as disabilities which require driver assistance), whether any domestic animals are to be taken in the Vehicle, whether a Passenger is an unaccompanied minor, whether any baby or child car seats are required and any information relevant to the pick-up or drop-off locations (such as security instructions). We reserve the right to cancel a journey on arrival at the pick-up location if we have not been provided with any such relevant additional information;
      3. ensure that, if you are a consumer, you only purchase Services if you are at least 18 years old;
      4. adhere to the Vehicle Guidelines set out in Schedule 1 to these Terms; and
      5. ensure that our Driver and the Vehicle can access the pick-up and destination point set out in the Order (to the extent this is within your control). If the Driver and the Vehicle cannot access and/or wait at the pick-up and destination point set out in the Order the Driver shall, at his discretion, choose an alternative location as close as reasonably possible to the location set out in the Order and inform the Lead Passenger or for Packages, the Contact Person, of such alternative location in accordance with section 3.2.
   2. If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Customer Default“):
      1. we shall, without limiting our other rights or remedies, have the right to suspend performance of the relevant Services until you remedy the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations to the extent the Customer Default prevents or delays the performance of any of our obligations; and
      2. we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations due to the Customer Default.

8. How we use your personal information
   1. We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.
   2. We may use location-based services in order to complete a Journey as efficiently as possible. Information that we collect from you through the use of these services shall be collected and stored in accordance with the terms of our Privacy Policy. By accepting these Terms you consent to our use of location-based services.

9. If you are a business customer
   1. This section 9 only applies if you are a business.
   2. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase Services under an Order.
   3. The Contract (and our Privacy Policy and Terms of Website Use) constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.
   4. You acknowledge that in entering into the Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. You and we agree that neither party shall have any claim for innocent or negligent misrepresentation based on any statement in the Contract.
   5. Nothing in this section shall exclude liability for either party’s fraudulent misrepresentation.

10. Our right to vary these terms
    1. We may revise these Terms from time to time.
    2. Every time you order Services from us, the Terms in force at that time will apply to that Order.

11. Your CANCELLATION or amendment OF A SERVICE
    1. You may cancel an Order at any time by emailing bookings@capstar.co and quoting the booking reference number referred to in section 2.7. However, depending on when you cancel the Order you may be required to pay certain Charges (as defined in section 12.1 below) in accordance with this section 11.
    2. If you cancel an Order within 12 hours (but more than 2 hours) of the requested pick-up time of the Journey set out in the Order we shall be entitled to charge you 50% of the Charges for such Journey.
    3. If you cancel an Order within 2 hours of the requested pick-up time of the Journey set out in the Order we shall be entitled to charge you 100% of the Charges for such Journey.
    4. If the Passenger(s) do not meet the Vehicle or the Package is not provided to the Driver (as applicable) at the designated collection point and at the requested pick-up time set out in the Order we shall be entitled to charge you 100% of the Charges for such Journey.
    5. You may amend an Order at any time by emailing bookings@capstar.co and quoting the booking reference number referred to in section 2.7. However, if we are not able to carry out the amended Journey due to the changes you have requested and the amount of notice you have given this will be treated as a cancelled Order and you may be required to pay certain Charges in accordance with this section 11.

12. Price of Services
    1. You shall pay us the charges set out in this section 12 (together, the “Charges“), in accordance with section 13.
    2. The price of the Journey under the Order will be our daily fee rates, as notified to you from time to time or upon request in the Price List.
    3. We shall be entitled to charge you for the ancillary charges and expenses set out in Schedule 2.
    4. All amounts payable to us are exclusive of VAT which shall be charged at the applicable current rate chargeable in the UK.
    5. All amounts payable to us by: (i) American Express are subject to a 3.08% surcharge fee; and (ii) by any other credit or debit card are subject to a 2.25% surcharge fee. Please note that these amounts reflect the cost we incur in processing such transactions.

13. How to pay
    1. Subject to section 13.4, the Charges are to be paid as set out below and in section 13.3:
       1. for a fixed price Journey, you authorise us to take payment using your Payment Card at the time the Order is confirmed by us with you (this being a “Due Date“); or
       2. for all other Journeys, you authorise us to take payment in full using your Payment Card upon completion of the Journey (this being a “Due Date“).
    2. If you are a Customer Account holder we shall invoice you each week in respect of any Journeys where your Customer Account number has been referenced in the Order and which have been completed during the previous week (or at such other intervals as may be agreed by you and us in writing). The date of the invoice shall be the “Due Date“. Each invoice will be accompanied by a statement detailing the Journeys invoiced. You authorise us to take payment in full for the amount shown on the invoice within 7 days of the Due Date, using the Payment Card.
    3. Without limiting any of our other rights or remedies, if you fail to make any payment due to us by the relevant Due Date, we shall have the right to charge interest on the overdue amount at the rate of 8% per cent per annum above Barclays Bank PLC’s then current base rate accruing on a daily basis from the relevant Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
    4. You shall pay all amounts due under the Order in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.

14. Confidentiality
    1. Each party shall keep in strict confidence all information which is of a confidential nature and which has been disclosed by one party to the other party (including information exchanged between Drivers and Passengers during a Journey). This section 14 shall survive termination of the Contract.

15. Our liability if you are a business
    This section 15 only applies if you are a business customer.
    1. Nothing in the Contract limits or excludes our liability for:
       1. Nothing in the Contract limits or excludes our liability for:
       2. death or personal injury caused by our negligence;
       3. fraud or fraudulent misrepresentation; and
       4. any other liability that cannot be excluded by law.
    2. Subject to section 15.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss.
    3. Subject to sections 15.1 and 15.2, our total liability to you in respect of any loss or damage to any Package or to any luggage or other possessions of any Passenger shall in no circumstances exceed £150.
    4. Subject to sections 15.1 to 15.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the greater of: (i) £150; and (ii) 100% of the Charges payable under the Order.
    5. Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
    6. Regardless of any other provision of these Terms, we shall not have any liability to you for any claims, damages or losses arising under or in connection with the Contract to the extent that such claims, damages or losses arose as a result of your non-compliance with section 5.4.
    7. This section 15 shall survive termination of the Contract.

16. Our liability if you are a consumer
    1. This section 16 only applies if you are a consumer.
    2. If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
    3. We only supply the Services to you for your domestic and private use. You agree not to use the Services for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    4. Nothing in the Contract limits or excludes our liability for:
       1. death or personal injury caused by our negligence;
       2. fraud or fraudulent misrepresentation; and
       3. any other liability that cannot be excluded by law.
    5. Subject to sections 16.1 to 16.3, our total liability to you in respect of any loss or damage to any Package or to any luggage or other possessions of any Passenger shall in no circumstances exceed £150.
    6. Subject to sections 16.1 to 16.4, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the greater of: (i) £150; and (ii) 100% of the Charges under the Order.
    7. Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
    8. Regardless of any other provision of these Terms, we shall not have any liability to you for any claims, damages or losses arising under or in connection with the Contract to the extent that such claims, damages or losses arose as a result of your non-compliance with section 5.4.
    9. This section 16 shall survive termination of the Contract.

17. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
    2. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures and the Vehicle suffering mechanical failure despite our compliance with section 5.
    3. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
       1. we will contact you as soon as reasonably possible to notify you;
       2. we shall not be liable to you as a result of any delay or failure to perform our obligations under the Contract as a result of an Event Outside Our Control; and
       3. we shall endeavour to provide you with an alternative vehicle and/or Driver or means of transportation through which to complete the Journey.

18. TERMINATION
    1. Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving you written notice if you:
       1. fail to pay any amount due under an Order on the Due Date; and/or
       2. you or any Passenger fails to adhere to the Vehicle Guidelines.

19. Consequences of termination
    1. On termination of the Contract for any reason:
       1. you shall immediately pay to us all of our outstanding unpaid invoices and interest and, if no invoice has been submitted for a completed Order, we shall submit an invoice which shall be payable by you immediately on receipt;
       2. the accrued rights, remedies, obligations and liabilities of each party as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
       3. sections which expressly or by implication have effect after termination shall continue in full force and effect.

20. Communications between YOU AND us
    1. When we refer in these Terms to “in writing”, this will include e-mail.
    2. If you are a consumer:
       1. if we have to contact you or give you notice in writing, we will do so by e-mail to the name and e-mail address you provide to us in your Order;
       2. to contact us, please email us at info@capstar.co or see our Contact Us page on www.capstar.co.
    3. If you are a business:
       1. any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our Site;
       2. a notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if sent by e-mail or posted on our Site, one business day after transmission or posting on our Site (as applicable); and
       3. in proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
    4. The provisions of this section shall not apply to the service of any proceedings or other documents in any legal action.

21. NON SOLICITATION CLAUSE
    1. You shall not (except with our prior written consent and subject to the payment of an agreed compensation) directly or indirectly solicit or entice away (or attempt to solicit or entice away) any Driver from their employment with us.
    2. This section 21 shall be valid during the term of the Contract and for a further period of 6 months after the termination of the Contract for any reason.

22. Other important terms
    1. From time to time we may use a third party to complete a Journey on our behalf but this will not affect your rights or our obligations under the Contract.
    2. You may only transfer your rights or your obligations under the Contract to another person if we agree in writing.
    3. All intellectual property rights in or arising out of or in connection with the Services shall, as between you and us, be owned by us.
    4. These Terms are only available in the English language.
    5. The Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
    6. Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
    7. If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    8. If you are a consumer, you have legal rights in relation to Services not carried out with reasonable care and skill. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.
    9. If you are a consumer, please note that the Contract is governed by English law. This means a Contract for the purchase of Services and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in connection with any such dispute or claim.
    10. If you are a business, the Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. You and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

SCHEDULE 1

VEHICLE GUIDELINES

0. Passengers shall not smoke or drink alcohol in any Vehicle.
1. We reserve the right to refuse entry to any Vehicle to anyone who is thought to be under the influence of alcohol or drugs or whose behaviour poses a threat to the safety of the Driver, the Vehicle, any other Passengers or third parties.
2. We reserve the right to refuse to drive a Personal Vehicle for any Passengers who are thought to be under the influence of alcohol or drugs or whose behaviour poses a threat to the safety of the Driver, the Personal Vehicle, any other Passengers or third parties.
3. We reserve the right to terminate any Journey due to unreasonable, threatening, abusive or improper behaviour by any Passenger.
4. All Passengers are required to use seatbelts at all times.
5. Passengers travelling with children are responsible for providing any car seats appropriate for them, unless otherwise agreed in the Order.
6. Passengers travelling with children are responsible for ensuring any car seats are safely secured throughout the Journey.
7. Only the Passengers listed in the Order will be permitted to enter the Vehicle.
8. We shall not be responsible for any property left by Passengers in any Vehicle including any Package that could not be delivered in accordance with section 6. Upon finding lost property in any Vehicle, we shall endeavour to contact the Passenger and return the lost property via an appropriate postal, courier or Capstar service at your own expense.
9. We accept no responsibility for the loss or damage to any luggage which is transported in a Vehicle unless this is caused by our negligence. You acknowledge and accept that any luggage stored in the Vehicle may move around during the Journey and Passengers should take extra care when opening the luggage compartment of the Vehicle.
10. You must inform us in the Booking Request if any Passenger wishes to carry any domestic animals in any Vehicle. All domestic animals must be carried in a suitable locked box or cage, if appropriate and/or be suitably restrained. We reserve the right to not perform a Journey on arrival if we have not been provided with sufficient details of the animal in the Booking Request. Guide dogs are exempt from this requirement and are permitted to be carried in any Vehicle.
11. You must inform us in the Booking Request if any Passenger is an unaccompanied minor (i.e. younger than 18 years old). We reserve the right to not perform a Journey on arrival if we have not been provided with sufficient details of the unaccompanied minor in the Booking Request.

SCHEDULE 2

ANCILLARY CHARGES AND EXPENSES

You shall pay to us the additional charges and expenses incurred in relation to each Journey under an Order as set out below:

Terms & Conditions

FOR MEMBERSHIP OF CAPSTAR LIFESTYLE

1. Introduction
   1. We operate the website www.capstar.co (“our Site“). We are Capstar Group Limited, a company registered in England and Wales under company number 9425787 and with our registered office at The Farmhouse, Syon Park, Brentford, Middlesex TW8 8JF (“we“, “our“, “us” or “Capstar“).
   2. This document (together with our Privacy Policy and Terms of Website Use) tells you information about us and the legal terms and conditions (“Terms“) on which we provide the membership to Capstar Lifestyle to you. Our Privacy Policy, Terms of Website Use and details about Capstar Lifestyle are available on our Site www.capstar.co.
   3. You should print a copy of these Terms or save them to your computer for future reference.
   4. We amend these Terms from time to time as set out in section 10.
   5. In these Terms:
      • “Application Form” shall mean the application form at Schedule 1;
      • “Benefits” shall mean the products, services or benefits available to our Members which are detailed on our Site;
      • “Capstar Lifestyle” shall mean the Membership Service provided by Capstar;
      • “Group Company” shall mean any Holding Company of Capstar and/or any Subsidiary of Capstar or of any such Holding Company, from time to time, and their successors in title and assigns as defined by section 1159 of the Companies Act 2006;
      • “Holding Company” shall mean a parent undertaking as defined in section 1162 of the Companies Act 2006;
      • “Member” and “Membership” shall mean an individual who subscribes to Capstar Lifestyle;
      • “Membership Date” shall mean the date that the first Membership Fee is paid;
      • “Membership Fee(s)” shall mean the annual fees charged by Capstar to be a Member of Capstar Lifestyle;
      • “Membership Services” shall mean the service that Capstar Lifestyle provides to its Members to arrange Benefits; and
      • “Suppliers” shall mean any supplier of Benefits.

2. Our contract with you
   1. Membership of Capstar Lifestyle is only available to individuals who subscribe to Capstar Lifestyle for private and non-commercial purposes. Membership is not available to businesses. References in these Terms to “you” are to the individual using our Site and subscribing to Capstar Lifestyle.
   2. Please read these Terms carefully and make sure that you understand them, before becoming a Member. Please note that by becoming a Member in accordance with section 3.3, you agree to be bound by these Terms and the other documents expressly referred to in them.

3. Membership
   1. All applications for Membership to Capstar Lifestyle must be made using the Application Form and must be signed by the applicant.
   2. All Membership applications are subject to approval and verification by Capstar. Capstar will notify you if your Membership application has been accepted.
   3. These Terms together with your signed Application Form will become a legally binding contract on you and us when we confirm to you that your Membership application has been accepted (“Contract“).
   4. Your Membership becomes effective from the Membership Date. You shall not receive any Benefits prior to your Membership Date.
   5. Your Membership shall renew automatically each year on the anniversary of your Membership Date (“Renewal Date“) unless either party cancels your Membership for any reason or your Membership Fees are not paid.
   6. Your Membership is personal to you and may not be used by anyone else (although your personal assistant may make reservations or use other Benefits on your behalf).

4. Membership Fees
   1. The amount of the annual Membership Fee shall be communicated to you upon application for Membership.
   2. Membership Fees shall become due and payable on the date that we confirm acceptance of your Membership (“Due Date“) and, thereafter, on each Renewal Date.
   3. The Membership Fee must be paid annually in advance by direct debit or payment by credit/debit card of which we hold the details (“Payment Card“).
   4. You authorise Capstar to deduct renewal Membership Fees by direct debit or any Payment Card up to 28 days prior to or on your Renewal Date. If Capstar does not hold your payment details you will be contacted directly to renew your Membership.
   5. Without limiting any of our other rights or remedies, if you fail to make the payment due to us within 15 days of the Due Date or Renewal Date we shall have the right to cancel your Membership.

5. CANCELLATION OF your membership
   1. You may cancel your Membership at any time in writing addressed to Capstar.
   2. If you cancel your Membership within 30 days of the Membership Date or Renewal Date (“Cooling Off Period“) you will receive a full refund of the Membership Fee paid.
   3. If you cancel your Membership after the Cooling Off Period you will not be entitled to a refund of your Membership Fee. However, Capstar may at its sole discretion elect to refund your Membership fee in whole or in part depending on the circumstances relating to the cancellation of your Membership.
   4. Capstar reserves the right to cancel or suspend your Membership (at its sole discretion) for any reason whatsoever. If Capstar cancels your Membership, Capstar may (at its sole discretion) refund the balance of the Membership Fee on a time apportionment basis in respect of the unexpired period to which the annual Membership Fee relates.

6. Membership Benefits
   1. Members of Capstar Lifestyle are entitled to a range of Benefits, some of which are provided by Capstar Group Companies and some of which are provided by third parties.
   2. The Benefits are subject to availability and may change from time to time without notice.
   3. All Benefits are subject to the relevant terms and conditions of the Supplier. Once you have requested a Benefit you agree to be bound by the relevant terms and conditions of that Supplier.

7. Using your Membership
   1. To request a Benefit, you must telephone +44 (0) 7772 078835 or send an email to lifestyle@capstar.co.
   2. If Capstar is unable to deal with any Benefit request at any time, we will inform you as soon as reasonably practicable.
   3. Capstar reserves the right to refuse a request for a Benefit or to stop assisting with a Benefit at any time.
   4. Once you have requested a Benefit, Capstar will communicate with the relevant Supplier to arrange the relevant product, service or benefit that is to be provided to you. Capstar will communicate with the Suppliers on your behalf, unless it is more appropriate for you to contact them directly.
   5. You are not entitled to cancel any Benefit unless permitted under the relevant Supplier’s terms and conditions. If you cancel a Benefit you may still be subject to a Capstar handing charge, in accordance with section 8.3.
   6. There may be delays in providing the Benefits due to an Event Outside Our Control (as defined in section 14). Please see section 14 for our responsibilities when an Event Outside Our Control happens.
   7. If you do not pay us for the Benefit when you are supposed to as set out in section 8, we may suspend your Membership and completion of any other Benefits you have requested with immediate effect until you have paid us the outstanding amounts. We will contact you to tell you this. This does not affect our right to charge you interest under section 8.5.

8. Payment for Benefits
   1. If you request a Benefit from a Supplier that is a Capstar Group Company, you authorise Capstar to take immediate payment using your Payment Card. All payments will be taken using your Payment Card, unless you advise Capstar otherwise at the time you request the Benefit. The date the Benefit is requested being the “Benefit Due Date“.
   2. If you request a Benefit that is provided by a third party Supplier, Capstar may purchase that Benefit on your behalf. The date of this purchase being the “Benefit Due Date“. If Capstar acts as a credit agent in this regard, you authorise Capstar to deduct the credit sum from your Payment Card within 15 days of the Benefit Due Date. If Capstar pays for the Benefit itself, it shall be entitled to add any applicable credit card charges incurred by Capstar to the sum deducted from your Payment Card.
   3. The procurement or provision of certain Benefits may incur a Capstar handling charge (of which you will be notified). You authorise Capstar to debit your Payment Card on the Benefit Due Date with any such handling charges, in accordance with section 8.1.
   4. All amounts payable to us by: (i) American Express are subject to a 3.08% surcharge fee; and (ii) by any other credit or debit card are subject to a 2.25% surcharge fee. Please note that these amounts reflect the cost we incur in processing such transactions.
   5. Without limiting any of our other rights or remedies, if you fail to make any payment due to us by the relevant Benefit Due Date, we shall have the right to charge interest on the overdue amount at the rate of 8% per cent per annum above Barclays Bank PLC’s then current base rate accruing daily from the relevant Benefit Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
   6. You shall pay all amounts due in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.

9. YOUR OBLIGATIONS
   1. You shall:
      1. ensure that the information you include in your Application Form is complete and accurate at all times. Failure to do so may invalidate your Membership and the receipt of any Benefits. We must be informed of any changes to the information you have provided as they arise;
      2. ensure that the payment information and Payment Card details are correct at all times. If this information changes you must inform us immediately;
      3. undertake that all the details you provide to us for the purposes of booking, ordering or purchasing a Benefit, are correct, that the Payment Card you are using is your own and that there are sufficient funds to cover the cost of the Benefit;
      4. be at least 18 years old;
      5. be responsible for all Benefit requests made under your Membership;
      6. ensure that no one (other than your personal assistant where applicable) uses your Membership for any purpose, including receiving Benefits; and
      7. adhere to the terms and conditions of the Supplier providing the Benefit.
   2. If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Customer Default“):
      1. we shall, without limiting our other rights or remedies, have the right to suspend your Membership or performance of the relevant Benefit until you remedy the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations to the extent the Customer Default prevents or delays the performance of any of our obligations; and
      2. we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations due to the Customer Default.

10. How we use your personal information
    1. We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

11. Our right to vary these terms
    1. We may revise these Terms from time to time.
    2. Every time you request a Benefit, the Terms in force at that time will apply to that request.

12. Confidentiality
    1. Each party shall keep in strict confidence all information which is of a confidential nature and which has been disclosed by one party to the other party. This section 12 shall survive termination of the Contract.

13. Our liability
    1. Capstar warrants to you that we shall use our reasonable endeavours to provide the Membership Services with reasonable care and skill and, as far as reasonably possible, in accordance with your request and instructions from time to time. Where Capstar arranges any Benefits for you from a third party Supplier, then Capstar is acting as your agent in sourcing the goods, services or benefits. Capstar will use reasonable care in selecting the Supplier and ensuring the order is placed in accordance with your wishes. For the avoidance of doubt, Capstar does not and will not provide any representations or recommendations in relation to any of the information and suggestions comprised within the Benefit. You are deemed to be responsible for, and shall use your own skill and judgement as to, the quality, value and suitability of such information and suggestions in relation to deciding whether to enter into any contract with any third party for the supply of services or sale of goods.
    2. Your contract for the purchase of products or services is made with the relevant Supplier only. Capstar acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier. Nothing in these Terms is designed to give any other person any rights or remedies under the Contracts (Rights of Third Parties) Act 1999.
    3. Capstar will not be responsible for products and services offered by Capstar as agents for the Suppliers or for any aspect of the relationship between you and any Supplier. Capstar will however do everything it reasonably can to assist you in any dealings you have with the Supplier.
    4. You agree that any contract entered into by you with any of the Suppliers is an independent contract. Capstar hereby disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged through Capstar.
    5. Capstar accepts no liability for any losses or claims arising from any inability to access the Site or any failure to complete a transaction.
    6. If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
    7. We only supply the Benefits to you for your domestic and private use. You agree not to use the Benefits for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    8. Nothing in the Contract limits or excludes our liability for:
       1. death or personal injury caused by our negligence;
       2. fraud or fraudulent misrepresentation; and
       3. any other liability that cannot be excluded by law.
    9. Capstar shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from Benefit requests or instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any other fault of you.
    10. Capstar shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from Benefit requests you place for non-Members. In addition, non-Members shall have no cause of action directly, or indirectly via the Capstar Member or other person(s), against Capstar for any loss, damage, costs, expenses or other claims for compensation arising from requests placed for the benefit of the non-Member by a Member.
    11. Subject to this section 13, Capstar’s maximum liability to you in respect of all other losses arising under or in connection with the Contract shall be limited to the value of the annual Membership Fee.
    12. Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. In particular, we will not be responsible for ensuring that the Membership Services or Benefits are suitable for your purposes.
    13. This section 13 shall survive termination of the Contract.

14. Events outside our control
    1. We will not be liable or responsible or deemed to be in breach of these Terms for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
    2. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents and road closures.
    3. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
       1. we will contact you as soon as reasonably possible to notify you; and
       2. we shall not be liable to you for any delay or failure to perform our obligations under the Contract as a result of an Event Outside Our Control.

15. TERMINATION
    1. Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving you written notice if you fail to pay any amount due on the Due Date, Renewal Date or the Benefit Due Date.

16. Consequences of termination
    1. On termination of the Contract for any reason:
       1. you shall immediately pay to us all of our outstanding unpaid monies, invoices and interest and, if no invoice has been submitted for a completed Benefit request, we shall submit an invoice which shall be payable by you immediately on receipt;
       2. the accrued rights, remedies, obligations and liabilities of each party as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
       3. sections which expressly or by implication have effect after termination shall continue in full force and effect.

17. Communications between YOU AND us
    1. When we refer in these Terms to “in writing”, this will include e-mail.
    2. If we have to contact you or give you notice in writing, we will do so by e-mail to the name and e-mail address you provide to us on your Application Form.
    3. To contact us, please email us at lifestyle@capstar.co or see our Contact Us page on www.capstar.co.
    4. The provisions of this section shall not apply to the service of any proceedings or other documents in any legal action.

18. NON SOLICITATION CLAUSE
    1. You shall not (except with our prior written consent and subject to the payment of an agreed compensation) directly or indirectly solicit or entice away (or attempt to solicit or entice away) any person from their employment with us.
    2. This section 18 shall be valid during the term of the Contract and for a further period of 6 months after the termination of the Contract for any reason.

19. Other important terms
    1. From time to time we may use sub-contractors or third-parties on our behalf but this will not affect your rights or our obligations under the Contract.
    2. You may only transfer your rights or your obligations under the Contract to another person if we agree in writing.
    3. All intellectual property rights in or arising out of or in connection with Capstar Lifestyle shall, as between you and us, be owned by us.
    4. These Terms are only available in the English language.
    5. The Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
    6. Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
    7. If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    8. You have legal rights in relation to services not carried out with reasonable care and skill. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.
    9. The Contract is governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in connection with any dispute or claim.