TERMS OF USE

1. General

This web site, which incorporates associated transactions software, underlying technologies and servers ("web site") is owned and operated by Project Tristar Limited ("Tristar") whose registered address is: Units 1 & 2 Horton Road, West Drayton, Middlesex UB7 8BQ, England and in the USA by Tristar Services (US) Inc. Tristar is the data owner and is registered with The Information Commissioner in the United Kingdom; the registration number is 06434912. By using the web site you accept the following terms and conditions and, in addition, if you make a reservation, the standard terms and conditions of sale of Tristar, a copy of which is available on request.

2. Data Protection

Tristar's use of personal information supplied by you when you use this web site is governed by our privacy policy. Tristar fully respects your rights to privacy and utilises the following practices in regards to any information we are provided with or obtain about users of this web site. In order to provide service to you as a customer of Tristar we may require you to provide certain information to us. Common items may include, but are not limited to, the booker and/or the passenger's name, address, phone number and credit card details. By providing this information to Tristar, you are agreeing to allow us to utilise this information to complete all services you request to us. When using this web site your keystrokes may be recorded for service quality, training or other purposes.

We may pass your personal information to, or allow access to your personal information by, third party service providers or organisations that otherwise assist us in providing goods, services or information you request. Since Tristar operates globally, this may mean that we could transfer your data to countries outside the country of origin of the personal information. An agreement is in place in respect of the transfer of data between Project Tristar Ltd. and Tristar Services (US) Inc.

3. Terms of Use

3.1 When using this web site you agree:

Not to do anything which will or might damage, interfere with, disrupt access to, interrupt or impair the functionality of the material available on the siteTo be entirely responsible for and keep secret any password used by you. You should change your password if you believe it's no longer secretNot to post, distribute or otherwise upload any defamatory, offensive, infringing, obscene, indecent or otherwise unlawful or objectionable material or information or send any chain letters, junk mail, 'spamming' material or any other form of bulk communicationNot to threaten, harass, stalk, abuse, disrupt or otherwise violate the rights of others, including individuals' privacy rightsNot to make any unauthorised, false or fraudulent orders, reservations or request for servicesNot to obtain or attempt to obtain unauthorised access to any private or other customer account areas on the siteTo not do, cause or permit anything to be done that may infringe, damage or interfere with any intellectual property rights of Tristar or any of our associated companies or third partiesAlso, not to do anything that is otherwise unlawful or which may cause any liability for us

3.2 If we consider that you have breached any of these terms and conditions or have otherwise demonstrated inappropriate conduct when using the web site we reserve the right to:

Warn you via e-mail to yourself and/or your internet service provider that you have breached these terms, and ask you to stop such conduct Delete any material or content which you may have posted without notice to you Terminate your account facilities and/or any other services provided to you by Tristar

And

Take measures (including terminating, suspending or restricting your access) to prevent you from this web site

If your conduct on this web site causes us, or any associated company loss, damage or other costs, you shall be responsible for reimbursing these costs.

3.3 You undertake to fully and effectively indemnify and to keep Tristar indemnified at all times against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Tristar in respect of:

Any information, data or material produced, stored, transmitted or downloaded by you when using this web site Any breach by you of these terms and conditions or of any law, code or regulation relating to this web site

4. License

Tristar grants you a non-exclusive licence to access and use the content in this web site for your personal purposes. You may not reproduce or distribute any part of the content for commercial purposes.

5. Intellectual Property Rights

5.1 Tristar, being the author of this web site hereby asserts its right to be identified as the author of this web site in accordance with section 78(2) of the Copyright, Designs and Patents Act 1988.

5.2 The Tristar name and logos are registered trademarks and may not be used without Project Tristar Limited's written permission.

5.3 You acknowledge that the copyright, trademark rights, database rights, patent rights and all other intellectual property rights comprised in or relating to this web site and in the data it contains, including but not limited to text, graphics, audio, video or image files, content, software, data and information displayed on, or available from this site, belongs to Tristar. This includes the organisation and layout of the site and the underlying software that's owned by us or our licensors and suppliers. You agree that all these materials are available for your personal use only, and you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any such materials without our written permission.

6. Changes to the Website

Tristar may at any time make alterations to or to withdraw this web site or any part of it. All Intellectual Property Rights in any developments, improvements, alterations, modifications and enhancements to the Software arising from consultation with the Customer and/or at the request of the Customer shall vest automatically in Tristar upon creation.

7. Limitation of Liability

7.1 Tristar excludes all warranties, express or implied relating to this web site. This includes, but is not limited to, any implied warranty that the information it contains is accurate or up-to-date or is suitable for any particular purpose.

7.2 Tristar shall not be liable for any loss or damage suffered as the result of the use of this web site.

7.3 There may be links to other web sites from the Tristar web site; however, these other web sites are not controlled by Tristar and we are not responsible for any content contained on any such web site or any loss suffered by you in relation to your use of such web sites. You waive any and all claims against Tristar regarding the inclusion of links to outside web sites or your use of those web sites.

8. Terms and Conditions of Sale

Tristar reserve the right to review the standard charges, upon giving 14 days notice, to take into account any movements in the Consumer Price Index, and any other charges outside of their control.

Tristar may increase their charges by 0.5% for each 5% increase in the cost of fuel, by reference to the price of diesel and petrol as published from time to time by their suppliers, upon giving 7 days notice.

All tariffs are subject to VAT at the prevailing rate - currently 17.5%.

Tristar accept no responsibility for delays, however caused.

Should a passenger be travel sick, there will be a valet charge of £75 plus VAT applied to the journey.

In the event of any claim against Tristar arising out of their performance of hire, the company's liability shall be limited to a refund not exceeding the cost of the journey.

The chauffeur will take the optimal route, unless the client gives specific instructions or prevailing traffic conditions dictate.

Tristar reserve the right to invoice the client with a charge for waiting time at a non-airport collection address in 15-minute intervals, after the first 14 minutes.

Tristar reserve the right to invoice the client with a charge for a passenger no show.

Surcharges may apply on specified bank holidays e.g. Christmas Day, Boxing Day and New Year's Day.

Cancellation Policy

Gold Service.

We reserve the right to charge the contract rate for the journey, unless the cancellation has been received at least 2 hours before the scheduled pick up time or prior to the dispatch of the vehicle.

Platinum Service, International and Coaches.

All reservations must be cancelled via the Tristar Call Centre. Cancellation charges may apply.

GDPR

Definitions:

“Customer” and “You” means any person(s), firm or company which books Services.

"Data Protection Legislation” means all applicable legislation for the time being in force in the UK or any part of it, pertaining to data protection, data privacy, data retention and/or data security (including the Data Protection Directive (Directive 95/46/EC) (as may be superseded by the General Data Protection Regulation (Regulation 2016/679) (“GDPR“)) and the Privacy and Electronic Communication Directive (Directive 2002/58/EC) (as may be superseded by the Regulation concerning the respect for private life and the protection of personal data in electronic communications (Regulation on Privacy and Electronic Communications) 2017/0003 (COD) (“ePrivacy Regulation“) and national legislation implementing or supplementing such legislation in the United Kingdom and any applicable member state of the European Union) and all associated codes of practice and other guidance issued by any applicable data protection authority. The terms “personal data”, “process”, “data controller” and “data processor” shall have the meanings given in the applicable Data Protection Legislation.
“Fulfilment Partner” means a third party private hire or taxi company.
“Group Member”: means at any relevant time, in relation to any entity, an entity which, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with that entity, where "control" means holding, directly or indirectly, a majority of the voting rights in it, or the power to direct or cause the direction of its management, policies or operations (whether through holding of voting rights, by contract or otherwise).
“Passenger Services” means the transportation of passengers (together with any applicable luggage) by a Passenger Vehicle.
“Passenger Vehicle” means any vehicle used for the carriage of passengers.
“Personal Data Breach” means the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to any Processed Data.
“Processed Data” means personal data provided from the customer to Tristar in relation to the Services.
“Services” means: (i) Passenger Services; and (ii) any other services agreed in writing between us and the Customer from time to time.
“Supervisory Authority” means any local, national or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for administering Data Protection Legislation.

If you are a firm or a company booking Services through us, the data protection terms set out at clauses 1.30-1.39 (inclusive) apply:

1.30 Each party shall: (a) at all times during the term of this agreement, comply with the Data Protection Legislation; (b) to the extent applicable under the Data Protection Legislation, obtain and maintain all appropriate registrations required in order to allow that party to perform its obligations under this agreement; and (c) notify each other of an individual within its organisation authorised to respond from time to time to enquiries regarding personal data.

1.31 Subject to clause 1.37, Tristar: (a) acknowledges that, in respect of Processed Data, as between the parties, it acts as a processor; and (b) shall ensure that all Tristar personnel who have access to and/or process Processed Data are obliged to keep the personal data confidential.

1.32 From the date the GDPR enters into legal force and effect in the United Kingdom, and subject to clause 1.37, Tristar:

(a) shall only process Processed Data in accordance with this Agreement and the Customer’s instructions as set out in this agreement and as issued from time to time (“Processing Instructions“) (which the Customer shall ensure are compliant with the Data Protection Legislation).For the avoidance of doubt, these terms constitute the Customer’s instructions to Tristar, and Tristar is further instructed to:
(i) process personal data to communicate directly with data subjects for the purpose of providing and promoting the Services;
(ii) process personal data to communicate directly to data subjects for the purpose of promoting consumer services, and the Customer warrants that it has attained appropriate consents for this communication;
(iii) process personal data to communicate directly with data subjects for the purpose of requesting that data subjects participate in surveys to improve customer experience;
(b) if applicable law requires it to process Processed Data other than in accordance with the Processing Instructions, shall notify the Customer of any such requirement before processing the Processed Data (unless applicable law prohibits such information on important grounds of public interest);
(c) shall inform the Customer if Tristar becomes aware of a Processing Instruction that, in Tristar’s opinion infringes Data Protection Legislation, provided that, this provision is without prejudice to clauses 1.30 in respect of the Customer, and clause 1.39;
(d) shall provide reasonable cooperation and assistance to the Customer in ensuring compliance with:
(i) the Customer’s obligations to respond to any complaint or request from any applicable data protection authority or data subjects seeking to exercise their rights under any Data Protection Legislation as they relate to this agreement;
(ii) the Customer’s obligations set out under Articles 32 – 36 of the GDPR to:
(A) ensure the security of the processing;
(B) notify the relevant Supervisory Authority and any data subjects, where relevant, of any Personal Data Breach;
(C) carry out any data protection impact assessments (“DPIA“) on the impact of the processing on the protection of Processed Data; and
(D) consult the relevant Supervisory Authority prior to any processing where a DPIA indicates that the processing would result in a high risk in the absence of measures taken by the Customer to mitigate the risk;
(e) notify the Customer without undue delay on becoming aware of a Personal Data Breach in respect of Processed Data processed under this Agreement;
(f) shall make available to the Customer all information reasonably required by the Customer to demonstrate Tristar’s compliance with its obligations set out in this clause and allow and co-operate with any data protection audits and inspections conducted by the Customer or another auditor mandated by the Customer, provided that reasonable prior notice is provided, and no more than one such audit or inspection is conducted during any 12-month period unless mandated by a Supervisory Authority;
(g) taking into account the nature of and risks associated with the type of personal data collected or used in connection with the Services, shall have in place appropriate technical and organizational measures to ensure a level of security appropriate to the risks that are presented by the processing of personal data by or on behalf of Tristar including where appropriate data protection by default and/or by design measures, and all other such measures as may be agreed between the parties; and
(h) at the written direction of the Customer, delete or return Processed Data and copies thereof to the Customer on termination of this agreement unless required by applicable law and/or permitted under applicable Data Protection Legislation to store the Processed Data.

1.34 The provision of the Services may require the transfer of personal data to countries outside the EEA from time to time. Subject to clause 1.35, Tristar and its sub-processors shall not, without the prior written consent of the Customer, transfer any Processed Data to a country or territory outside the EEA unless adequate contractual or other assurances have first been put in place such as will enable each party to comply with the requirements of the Data Protection Legislation.

1.35 Customer hereby grants to Tristar general authorisation for sub-processing (including, without limitation, Group Members), provided that, from the date the GDPR enters into legal force and effect in the United Kingdom: (a) Tristar and the sub-processor enter into a contract on terms substantially as protective as this clause; (b) Tristar shall keep Customer informed of all sub-processors engaged in the provision of the Services by way of the following link: https://www.addisonlee.com/subcontractors/ ; (c) Tristar shall notify Customer of any intended changes concerning the addition or replacement of sub-processors, giving Customer the opportunity to object to such changes on reasonable grounds of non-compliance or material risk of non-compliance by the Customer with Data Protection Legislation, provided that the Customer shall notify Tristar of its objections in writing within 7 calendar days of Tristar’s notification; and (d) Tristar shall remain fully liable to the Customer for the performance of the sub-processor’s obligations.

1.36 The parties acknowledge that the types of personal data processed pursuant to this Agreement (i.e. Processed Data) (including the subject matter, duration, nature and purpose of the processing and the categories of data subject) are as described in Annex 1.

1.37 If and to the extent, Tristar is a data controller in relation to personal data collected under this Agreement, Tristar shall comply with the applicable provisions of the Data Protection Legislation.

1.38 The Customer may provide Tristar with staff personal data for the purpose of on-boarding such staff to allow them access to the Service. The Customer warrants that it shall have the appropriate lawful basis for obtaining and providing such staff personal data to Tristar.

1.39 The Customer warrants, that in relation to all Processed Data, the Customer will have all necessary consents of the relevant data subject for their personal data to be shared with Tristar and, if relevant, any of the Fulfilment Partners.

ANNEX 1

PROCESSED DATA

For the purposes of clauses 1.30-1.39 (inclusive), the parties set out below a description of the Processed Data being processed under this agreement and further detail required pursuant to the GDPR.

Types of personal data
Personal details (title, first name, last name), position, contact information including email address and mobile phone number, location data, employer, passport, driver’s licence, goods and services provided, financial information (bank or credit/debit card details), internet protocol address.

Duration of processing
Until the latest of (a) termination of this agreement in accordance with its terms; or (b) the date upon which processing is no longer necessary for the purposes of either party performing its respective obligations under this agreement (to the extent applicable) or (c) processing for the purpose of compliance with Applicable Law and/or regulatory requirements.

Nature of processing
Collection, storage, duplication, electronic viewing, deletion and destruction.

Purpose of processing
The provision of ground transportation services and to communicate directly with data subjects for the purpose of providing and promoting the Services, to process personal data to communicate directly to data subjects for the purpose of promoting consumer services, and to process personal data to communicate directly with data subjects for the purpose of requesting that data subjects participate in surveys to improve customer experience.

Categories of data subject
Customers, officers, employees and temporary staff of Customer and its Group Members and partners, complainants, correspondents, enquirers, suppliers, advisers, consultants and professional experts.