Terms & Conditions - Europe Transfer

Europe Transfer – Terms & Conditions

This sets out the terms and conditions of sale and operations of passenger transport services by SnowDrone (as defined below), either sold online via www.snow-drone.com or www.europetransfer.com, by telephone, by SMS and/or by email (“these Terms and Conditions”). By making a Booking with SnowDrone, the Client (or if through an agent, the agent on behalf of the Client) agrees to and acknowledges these Terms and Conditions on behalf of itself and for and on behalf of each member of its Party (each such term as defined below).

Section 1 – Definitions

Unless otherwise defined in these Terms and Conditions, the following words and expressions shall have the following meanings:

“Booking” means the request made by a Client, whether made online via www.snow-drone.com or www.europetransfer.com, by telephone, by SMS and/or by email, for a Transfer.

“Booking Confirmation” means the email confirmation sent by SnowDrone to the Client confirming the Booking, once the relevant Booking Payment has been received.

“Booking Documents” means the Booking, any relevant Booking Quote and the Booking Confirmation.

“Booking Payment” means the payment made by the Client in respect of a Booking in accordance with the provisions of Section 2 (Bookings and Payment) below.

“Booking Quote” means the email sent by SnowDrone to the Client confirming availability of the relevant Booking and the price for such Booking.

“Client” means the Person that makes the Booking for themselves and/or for and on behalf of one or more other Persons.

“Euro”, “EUR” or “€” means the single lawful currency unit of the member states of the European Communities from time to time.

“FX Rate” means the foreign exchange rate in relation to a Booking Payment, as determined by the bank(s) of SnowDrone (in SnowDrone’s absolute discretion), which shall be set at the time of the Booking in respect of which such Booking Payment relates.

“Party” means all Persons travelling under one single Booking.

“Person” means any individual, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality), as the context so requires.

“Passenger” means any Person within a Party.

“SnowDrone” means SnowDrone Limited (Company Registration number 8334032) of Dane John Works, Gordon Road, Canterbury, CT1 3PP, United Kingdom and any of its subsidiary undertakings (as defined in the Companies Act 2006) from time to time, which includes SARL Snowdrone. For the avoidance of doubt, references to SnowDrone include the transfer services businesses of both SnowDrone Transfers and Europe Transfer which are currently owned and operated by SARL Snowdrone.

“Sterling”, “GBP” or “£” means the single lawful currency unit of the United Kingdom from time to time.

“Transfer” means a transfer carried out by SnowDrone of one or more Parties (as the case may be) from a Travel Point to a destination and/or from a destination to a Travel Point, in each case as detailed in the relevant Booking Confirmation.

“Travel Point” means an airport or a train station or other similar location into which the Party arrives or from which the Party departs (as the case may be) or from which the Party wishes to be collected or at which the Party wishes to be dropped off (as the case may be).

Unless a contrary indication appears, a reference to:

(a) a provision of law is a reference to that provision as amended or re-enacted;

(b) a time of day is a reference to Paris time; and

Section 2 – Bookings and Payment

1. Subject to availability and provided that the relevant payment obligations in paragraph 4 have been satisfied, the Booking is deemed to be confirmed when the Client receives the Booking Confirmation from SnowDrone which shall be issued by SnowDrone within 24 hours of a Booking Payment being received by SnowDrone.

2. In the event that the Client does not receive the Booking Confirmation within 24 hours of a Booking Payment being made by the Client, the Client shall immediately contact SnowDrone so that SnowDrone can locate the funds relating to the relevant Booking Payment and issue the Booking Confirmation accordingly.

3. Where a Booking is made for and on behalf of two or more Persons (or where the Client making the Booking is making a Booking for and on behalf of other Persons (rather than themselves) or where the Client is making a Booking through an agent), the Client making the Booking (or the agent on behalf of the Client) shall be deemed to do so on the basis that such Person acts as an agent for both or all Persons within the Party and acknowledges and accepts these Terms and Conditions for and on behalf of each member of the Party. For the avoidance of doubt, the Client is deemed to acknowledge and accept these Terms and Conditions when accepting a quote for a Booking and/or when confirming a Booking, in each case for themselves and for all other Persons within the Party.

4. Unless other alternative arrangements have been agreed in writing with SnowDrone or unless stated in the Booking Quote, the following payment obligations shall apply in respect of each Booking:

a) for all Bookings made online via the online booking system on www.snow-drone.com or www.europetransfer.com, full payment is required either (i) immediately or (ii) if availability is required to be confirmed by SnowDrone, within 48 hours of the Client receiving the Booking Quote from SnowDrone; and

b) for all Bookings made directly through the office of SnowDrone (whether via email, telephone and/or SMS):

i) full payment is required within 48 hours of the Client receiving the Booking Quote from SnowDrone; or

ii) if the first Transfer requested in the Booking is scheduled to take place within 48 hours of the Client making the Booking, full payment is required immediately upon the Client receiving the Booking Quote from SnowDrone (provided that, SnowDrone may (but is not obliged to) agree that the Client may pay the full amount due in cash to the allocated driver on the day of the first Transfer stated in the Booking Confirmation, subject to the Client providing credit card details to SnowDrone by way of deposit).

All payments made by the Client are strictly non-refundable, except where SnowDrone cancels the Transfer due to causes directly within its control or agrees, in its absolute discretion, to cancel the Transfer and issue a refund in accordance with Section 4 (Cancellations, Refunds and Amendments). Please refer to Section 4 (Cancellations, Refunds and Amendments) below for further detail on cancellations and refunds.

5. Prices of all Bookings shall be calculated and quoted in and paid for Euros and the Client shall make the relevant Booking Payment as follows:

(a) to the extent that the Client makes the Booking via the online booking system on www.snow-drone.com or www.europetransfer.com (as per paragraph 4a above), such Booking Payment shall be made by the Client via the designated payment gateway used by SnowDrone; and

(b) to the extent that the Client makes the Booking directly through the office of SnowDrone (whether via email, telephone and/or SMS), such Booking Payment shall be made by the Client via the designated payment gateway used by SnowDrone or by way of bank transfer (if agreed by SnowDrone in writing),

provided that, the Client may request to make a Booking Payment by way of an alternative method of payment however any such alternative method shall be subject to the prior written agreement of SnowDrone. In the event that a particular Client requests to make the Booking Payment in Sterling, SnowDrone may (but is not obliged to) agree to such Booking Payment in Sterling in which case such Booking Payment shall be made in full by the Client at the appropriate FX Rate and paid by bank transfer or using a designated payment gateway as determined by SnowDrone. SnowDrone reserves the right to charge any applicable fees for any payment made via designated payment gateways.

6. As soon as reasonable practicable (and in any event within 24 hours) after receipt of the Booking Payment (as detailed in paragraph 4 above), SnowDrone shall send the Booking Confirmation to the Client. The Client shall print the Booking Confirmation and bring a copy on the day of each Transfer outlined in the relevant Booking Confirmation or shall have access to email so that the Client can produce the Booking Confirmation if requested to do so on the day of each Transfer outlined in the relevant Booking Confirmation.

7. The destination and collection addresses provided to SnowDrone and as shown in the Booking Confirmation are the addresses to which the Client and its Party shall be taken to and collected from (as the case may be) subject to local weather, traffic and road conditions. Any changes to these addresses or any other details in the Booking Confirmation must be made by the Client in writing via email and confirmed directly with SnowDrone at least 2 working days prior to the date of travel, provided that any such changes do not result in a change of destination and/or Travel Point.

8. It is the responsibility of the Client to ensure that all information (including the flight details, the contact email and mobile telephone number details and any such contact mobile telephone number details should be a mobile number that will work in Switzerland and France and one that will be with the Client on the day of travel) provided to SnowDrone or contained in the Booking Documentation is correct. SnowDrone accepts no responsibility whatsoever for misinformation given by a Client (whether regarding the Persons mentioned in the Booking Documentation, any flight information (including, but not limited to, departure and arrival times) and destination and collection locations) and any failure in services (including, but not limited to, a flight or train being missed or a driver failing to be at the relevant Travel Point) resulting from SnowDrone having incorrect information shall be deemed to be the fault of the Client. To the extent that the Client fails to provide or provides an incorrect arrival time and/or departure time and/or a flight or train is re-scheduled to a different arrival time and/or departure time from that originally provided to SnowDrone, SnowDrone reserves the right to re-schedule an alternative collection and transfer (to the extent available) and charge the Client (and its Party) for the costs in doing so (which such costs shall include, but not be limited to, the costs of the allocated driver(s) waiting time).

9. It is the responsiblity of the Client (or a member of its Party) to carry directions to and contact details for the accommodation and any instructions for the collection of keys for the relevant accommodation, in order to assist the allocated driver if necessary. To the extent that the Client (or a member of its Party) is required to collect any keys prior to being dropped off at the relevant accommodation, this should be notified to SnowDrone in advance at the time of making the Booking, or at the latest 15 working days prior to the date of the first Transfer listed in the Booking Confirmation. If any such accommodation cannot be located after 20 minutes of driving around the destination, SnowDrone reserves the right to drop the Client (and its Party) at the tourist information office of such destination and charge the Client accordingly for any additional vehicle or driver hire costs.

10. In the event of any Transfer requiring a driver to work between 10:00PM and 4.30AM, SnowDrone expressly reserves the right to apply a 20.00 Euro (or its equivalent in other currencies) supplement per vehicle to the cost of the relevant Transfer.

Section 3 – Types of Transfers

11. When a private Transfer is made, the Party shall travel in a vehicle or vehicles (as the case may be) that is/are not shared with any other Clients or Parties. When a shared Transfer is made, the Party shall travel in a vehicle or vehicles (as the case may be) that may be shared with other Clients and/or Parties.

12. In the case of a private Transfer departing from an airport, the Party shall be met by the allocated driver and be shown to the relevant vehicle for departure as soon as reasonably possible. In the case of a shared Transfer departing from an airport, each Party shall be met by the allocated driver at the designated pick up time for such shared Transfer where such Party for such shared Transfer shall be provided with the relevant departure details and the Client agrees and acknowledges (and each member of the Client’s Party shall be deemed to agree and acknowledge) that waiting time may be necessary in the case of a shared Transfer and each such Person should expect to wait for the last Passenger for the relevant shared Transfer to arrive. For shared transfers departures from an airport, SnowDrone also reserves the right to alter the scheduled pick-up time by up to 30 minutes later than the scheduled time if other passengers’ flight arrival times require this. To the extent that any Person travelling on a shared Transfer is delayed with the effect that such Person shall miss the departure time for that shared Transfer, the driver shall be entitled to leave the airport without such Person, in which case SnowDrone shall use its reasonable endeavours to allocate that Person onto the next available shared Transfer subject to a supplement of €30 per person.

14. In the case of any private Transfer or shared Transfer departing from a destination, the Client (on behalf of itself and for and on behalf of each member of its Party) shall receive the collection time via SMS message to the mobile telephone number provided in the Booking Confirmation by 5.00PM on the day before the departure from the relevant destination. In the event that the Client has not received the SMS message containing the collection time by 5.00PM on the day before the departure, the Client shall contact SnowDrone by telephone to obtain their collection time as soon as possible and in any event by 6:00PM on the day before the departure. In the case of any shared Transfer departing from a destination, SnowDrone takes no responsibility in the event that any Client travelling on a shared Transfer misses a flight as result of the fact that such Client has not allowed sufficient time between the scheduled arrival time of the Transfer at the airport and the scheduled departure time or gate closure of their flight and accordingly, SnowDrone advises any Client travelling on any such shared Transfer to allow at least 2 hours between the scheduled arrival time of the Transfer at the airport and the scheduled departure time or gate closure of their flight.

15. In the event that any Client (and/or any member of its Party) is not at the specified collection point at the specified collection time or any Client (and/or any member of its Party) requests the allocated driver to wait for any period of time after the specified collection time for whatever reason (a) in the case of private Transfers, the allocated driver shall only be obliged to wait for a maximum of 15 minutes after which the allocated driver shall be entitled to depart, however if the allocated driver remains at the collection point to wait for such Client (and/or any member of its Party), SnowDrone shall be entitled to charge a waiting time fee of €50 per hour (or part thereof) per driver, and (b) in the case of shared Transfers, the allocated driver shall only be obliged to wait for a maximum of 10 minutes after which the allocated driver shall be entitled to depart and the Client shall be deemed to have cancelled the Transfer without the requisite 15 working days’ notice period and the Client shall be held responsible for the full cost of the Transfer.

16. To the extent that a Client requests a specific collection time from a destination to a Travel Point (either before or after such Client receives the SMS message as mentioned in paragraph 14 above), SnowDrone shall use its reasonable endeavours to accommodate such request when possible, provided that SnowDrone shall not be liable for any losses, costs and/or expenses incurred by such Client or any member of its Party (including but not limited to any losses, costs and/or expenses incurred from any external services (for example flights or trains) being missed) and the relevant Client may be required to communicate a disclaimer (whether written or oral) to the office of SnowDrone acknowledging the provisions of these Terms and Conditions, in particular this paragraph 16. Any requests for a specific collection time (other than the collection time specified by SnowDrone in accordance with paragraph 14 above) must be made by 5.00PM on the day before travel.

Section 4 – Cancellations, Refunds and Amendments

17. Each Client shall be entitled to cancel a Booking Confirmation by providing written notice at least 15 working days prior to the date of the first Transfer specified in such Booking Confirmation to SnowDrone requesting a cancellation and a refund or a credit against a future Booking.

18. The Client shall receive an email from SnowDrone confirming any such cancellation requested in accordance with paragraph 17 above.

19. Any cancellation and refund or credit requests received without the requisite 15 working days’ written notice specified in paragraph 17 above shall only be made at the absolute discretion of SnowDrone and for any cancellation of a Booking Confirmation made less than 15 working days prior to the date of the first Transfer specified in such Booking Confirmation, the Client shall be entitled to cancel a Booking Confirmation within 24 hours of such Booking Confirmation being made upon the same terms as paragraph 17 and shall be subject to paragraph 20 (unless the Booking Confirmation relates to a Transfer taking place within 24 hours of the booking being made, in which case, the payment shall be strictly non-refundable), provided that for any cancellation requests made after 24 hours, any refunds or credit requests shall be at the absolute discretion of SnowDrone.

20. All cancellations and refunds shall be subject to any deductions required in respect of applicable bank or administrative costs or any other similar charges or costs, equalling not less than €30 or currency equivalent.

21. A Client may request an amendment to a Booking Confirmation by providing at least 15 working days’ written notice to SnowDrone detailing the relevant amendment (an “Amendment Request”) and SnowDrone shall use its reasonable endeavours to accommodate any such Amendment Request, provided that SnowDrone shall not be obliged to accommodate any such Amendment Request and further SnowDrone reserves the right to charge an amendment fee in order to accommodate any relevant administrative costs, charges or expenses incurred in connection with the relevant Amendment Request.

22. The Client shall receive an email from SnowDrone confirming the details of any Amendment Request, and to the extent that any Amendment Request cannot be accommodated by SnowDrone and such Amendment Request is received at least 15 working days prior to the date of the first Transfer stated in the Booking Confirmation, the Client may request a refund or a credit against a future Booking.

Section 5 – Flight Delays, Cancellations and Reschedulings

23. In the event that a Client (and/or a member of its Party) is travelling on a flight which is delayed and/or cancelled and any such Client (and/or member of its Party) is travelling on a private Transfer, the allocated driver shall use his reasonable endeavours to wait for such Persons to arrive, provided that, in respect of any flight delay or cancellation which results in the allocated driver having to wait for more than 60 minutes, a charge (regardless of delay) of 25 Euros (or its equivalent in other currencies) per hour (or part thereof) per driver shall apply until the delayed Persons meet their allocated driver, unless the allocated driver is required to leave the airport prior to such time, in which case SnowDrone shall use its reasonable endeavours to place the relevant Persons on the next available Transfer at no additional cost.

24. In the event that a Client (and/or a member of its Party) is travelling on a flight which is delayed and any such Client (and/or member of its Party) is travelling on a private Transfer and the delayed flight results in being cancelled, the allocated driver shall be entitled to leave the airport at such time that the Client (and/or a member of its Party) notifies the office of SnowDrone that the flight has been cancelled and they confirm that the driver may leave the airport. Further, the Client shall continue to be liable for any waiting charges that have incurred in accordance with paragraph 23 above prior to such time and shall agree a method of settling such charges with the office of SnowDrone at such time.

25. In the event of any flight delays and/or cancellations, the Client (or any member of its Party) shall use their reasonable endeavours to keep SnowDrone informed about all possible delays to their flight(s).

26. In the event that no contact is made with SnowDrone within 60 minutes of the actual landing time, the Client shall be deemed to have cancelled the Transfer without the requisite 15 working days’ notice period and the allocated driver shall be entitled to leave the airport and any replacement Transfer which may be made by the particular Client shall be deemed to be a new Booking to be charged at full cost.

27. Any flight delays or re-schedulings of over 3 hours shall be deemed to be a cancelled Transfer without the requisite 15 working days’ notice period and a new booking shall have to be made by the relevant Passenger at full charge, unless otherwise agreed by SnowDrone.

28. In the case of any flight re-schedulings, flight cancellations, holiday cancellations and/or accommodation cancellations (whether made by the Client or a member of its Party or otherwise) which cause the Client and/or a member of its Party to cancel a Transfer less than 15 working days before the date of travel, no refund shall be given.

29. In the event that a Client (or any member of its Party) is forced to miss the relevant Transfer as a result of a missed flight, a flight delay or a flight cancellation, SnowDrone shall use its reasonable endeavours to assist with any alternative arrangements and accommodate any new requirements, and in any event, shall provide documentation to assist with any travel insurance claim to be made by the Client and/or any member of its Party, provided that, in each case, SnowDrone reserves the right to charge the Client (or any relevant member of its Party) for any applicable administrative costs, charges or expenses incurred in connection therewith.

30. In the event of any delay by a Client (or any member of its Party) as a result of lost baggage, the Client or relevant member of its Party shall contact SnowDrone as soon as possible and to the extent that the Transfer is delayed and results in the allocated driver(s) having to wait for more than 60 minutes, a charge of 25 Euros (or its equivalent in other currencies) per hour (or part thereof) per driver shall apply until the Transfer departs from the airport. Further, the Client shall (and the Client shall ensure that each member of its Party shall) use its best endeavours to be as efficient as possible when dealing with a lost baggage situation and to arrange for the airline to transport or for a SnowDrone driver to collect from the airline (at SnowDrone’s convenience) the lost baggage, rather than waiting for another flight to arrive into the airport. To the extent that the lost baggage causes severe delays to other Passengers on the Transfer or affects the general operations of SnowDrone, the relevant Persons may be rescheduled onto the next available Transfer at the discretion of SnowDrone. In each case, SnowDrone shall provide documentation to assist with any travel insurance claim to be made by the Client and/or any member of its Party.

Section 6 – Delays by SnowDrone / Service Failure

31. SnowDrone shall use its reasonable endeavours to (a) ensure that the vehicle(s) arrives on time to commence the period covered by the Booking Confirmation and accordingly to reach the relevant destination in a timely fashion, and (b) carry each Passenger with the minimum discomfort and inconvenience to the relevant destination as shown on the applicable Booking Confirmation, provided that SnowDrone shall not incur any liability whatsoever in the event of any delay due to causes beyond its control, which include, but are not limited to:

(i) accidents causing delays;

(ii) vehicle breakdowns;

(iii) exceptional or severe weather conditions;

(iv) compliance with requests of or the vehicle being held or delaying by the police, customs officers or other government official;

(v) deaths and accidents on the road or any action of a third party which damages vehicles;

(vi) health issues relating to the driver and/or Passengers;

(vii) unforeseen traffic delays;

(viii) restricted vehicular access;

(ix) industrial action by third parties;

(x) problems caused by other Passengers;

(xi) vandalism, terrorism and civil unrest;

(xii) any force majeure event (including any act of God or natural disaster); and

(xiii) any other event or circumstances affecting the safety of Passengers.

32. Subject to paragraph 31 above, in the event that SnowDrone fails to deliver its Passengers to a destination specified in their particular Booking Confirmation as a result of circumstances within its reasonable control, SnowDrone shall offer a full refund or a suitable transport alternative for that portion of the Transfer which SnowDrone has failed to complete, provided that any refund or compensation offered shall not exceed the greater of (a) the original costs paid by the Client for that portion of the Transfer which SnowDrone has failed to complete (as indicated in the Booking Confirmation) and (b) the cost of a private taxi to the destination set out in the Booking Confirmation, and further provided that, SnowDrone accepts no responsibility or liability for any loss incurred by the Client as a result of exchange rates.

Section 7 – Conditions of Travel

33. All vehicles used in any Transfer shall be fully insured for passenger and third party claims, as required under French law, provided however that any property carried by a Passenger is carried entirely at their own risk and SnowDrone accepts no responsibility or liability for loss or damage to any such property. Accordingly, SnowDrone recommends that each Passenger purchases adequate travel insurance that covers the relevant Passenger for any sports and activities in which such Passenger intends to participate as well as coverage for any lost or damaged baggage and any extra costs and charges that may be incurred as a result of flight delays, travel cancellations and rescheduling and/or any other factors outside of the control of SnowDrone.

34. All luggage must be clearly labelled with the owners name and destination address. Whilst our vehicles have a large luggage capacity for the number of passengers that they can transport, this is on a reasonable basis so as a guide each Passenger is limited to one standard size hold bag, a boot bag and small hand luggage bag). Ski and snowboard bags, any bike or golf bags or any other sporting equipment, together with any excess luggage, should be declared in the Booking in order to assist SnowDrone with the provision of adequate luggage space, and in the event of any Party having excess luggage, SnowDrone reserves the right to charge an excess baggage allowance or offer a trailer (at a supplemental cost), or refuse to transport such items. To the extent that SnowDrone has not been informed of any such items or excess luggage, SnowDrone reserves the right to refuse to transport such items or arrange for additional transport of such items (which may be at a later time or date) at an additional cost.

35. During any Transfer and in respect of each Booking Confirmation, the following restrictions shall apply:

(a) smoking is not prohibited is any vehicle;

(b) no Passenger is permitted to take any alcoholic drinks onto the vehicle(s) for the purposes of consuming them and no Passenger is permitted to drink any alcoholic beverage;

(d) with the exception of guide dogs, no animals are permitted in any vehicle;

(e) unless otherwise consented to by SnowDrone (and the consent to which SnowDrone delegates to its drivers), no food or beverage (other than water) may be consumed on any vehicle; and

(f) unless otherwise consented to by SnowDrone (and the consent to which SnowDrone delegates to its drivers), no Passenger may demand a stop provided that, the allocated driver shall use its reasonable endeavours to accommodate any reasonable request for a stop by a Passenger and, to the extent that a request for a stop is accommodated, SnowDrone reserves the right to charge a fee of 50 Euros per hour (or part thereof) per driver in respect of any delay of more than 10 minutes caused thereby, such fee to be paid in cash to the allocated driver. For the avoidance of doubt, any requests for supermarket stops (or other similar shopping stops) cannot be accommodated during a Transfer unless agreed in writing with SnowDrone at the time of making the Booking and, to the extent agreed, any such stops shall incur a supplemental fee per driver as determined by SnowDrone.

In the event that there is a breach of any of the above conditions, SnowDrone reserves the right to cancel any outstanding Transfer(s) for the relevant Passenger(s) and/or the Client without any refund given and shall be entitled to refuse to carry out any further Transfers in the future for such Passenger and/or the Client.

36. SnowDrone reserves the right (and delegates to its drivers the right) to refuse to carry any Passenger who is thought (or is reasonably thought) to be under the influence of alcohol or drugs and/or whose behaviour is considered to pose a threat to the driver, the vehicle or the other passenger(s). Any Passenger using threatening or abusive language or behaviour to a driver or any other Passenger shall be asked to vacate the vehicle immediately regardless of where it is or the time of day. Further, SnowDrone reserves the right to cancel any outstanding Transfer(s) for the relevant Passenger(s) and/or the Client without any refund given and shall be entitled to refuse to carry out any further Transfers in the future for such Passenger and/or the Client.

37. Any damage caused to a vehicle (either internal or external) or property of SnowDrone or any removal of property of SnowDrone must be paid for, in full, by the Client (or the offending Passenger) at the time of the relevant incident, such amount to be determined by SnowDrone in its sole discretion. Further, SnowDrone reserves the right to cancel any outstanding Transfer(s) for the relevant Passenger(s) and/or the Client without any refund given and shall be entitled to refuse to carry out any further Transfers in the future for such Passenger and/or the Client.

38. Any Passengers who soil the interior of a vehicle shall be liable to pay a cleaning charge of a minimum of 100 Euros (or its equivalent in other currencies) which is payable immediately to the allocated driver. If any such Passenger refuses to pay such amount, or has no money with which to pay such amount, such amount shall be taken from a credit card carried by the Client or any other Passenger in the Party or failing that the credit card on which the Booking was made by the Client following which, as soon as reasonably practicable, SnowDrone shall provide a receipt for such amount, provided that in the event that payment cannot or shall not be made, SnowDrone shall immediately cancel any outstanding Transfer(s) for the relevant Passenger(s) without any refund given and shall be entitled to take legal action against the relevant Passenger(s) to recover the cost of cleaning the vehicle (together with any legal fees, costs or expenses incurred in connection therewith). Further, SnowDrone reserves the right to cancel any outstanding Transfer(s) for the relevant Passenger(s) and/or the Client without any refund given and shall be entitled to refuse to carry out any further Transfers in the future for such Passenger and/or the Client.

39. During any Transfer and in respect of each Booking Confirmation, the Client and each member of its Party shall respect the use of any entertainment facilities provided in the vehicle for the relevant Transfer and in particular, the following provisions shall apply:

(a) each Passenger shall use the mobile data provided by SnowDrone reasonably;

(b) the use of mobile data provided by SnowDrone for the purposes of streaming audio or videos or downloading large files is subject to a fair and reasonable use policy;

(c) websites, music or material that are (or may be deemed to be) offensive or illegal in France or any other applicable governmental or legal body may not be viewed, visited or listened to at any time and any such usage shall be logged by SnowDrone and in such case, SnowDrone shall be permitted to disclose any relevant details to any authority or other similar body in the event of any investigation into such usage;

(d) no Passenger may view or listen to any material that may be (or be deemed to be) offensive or inappropriate to any other Passenger; and

(e) in order to use any entertainment facilities provided by SnowDrone, the Client (or a member of its Party) may (in SnowDrone’s absolute discretion) be required to complete a deposit form setting out such Person’s credit card details as security for the use of such entertainment facilities and such details shall be returned to the relevant Person upon return of all entertainment facilities in their original state and to the satisfaction of SnowDrone.

40. During any Transfer and in respect of each Booking Confirmation, the provision of entertainment facilities is at the sole discretion of SnowDrone and the right to use the entertainment facilities may be withdrawn at any time in the sole discretion of SnowDrone (which such right SnowDrone delegates to its drivers).

41. All Passengers are required to wear seat belts in any vehicle(s) used during a Transfer.

42. Parents, or minders (or friends over 18 years) of children and adolescents under the age of 18 years, are responsible for the conduct of any such minors while in the vehicles (including the wearing of seat belts), and shall be held responsible and liable for any damage caused by such minors.

43. European law states that all children under the age of 12 or under 1m 35cm in height are required to use child seats (which such term shall include baby seats for the purposes of this paragraph) or booster seats. Compliant seats shall be provided free of charge by SnowDrone. It is the responsibility of the Client to inform SnowDrone at the time of Booking if any children in their party shall require child seats or booster seats. It is also the responsibility of the Client and the parents (or minders or friends over 18 years, as the case may be) of children to ensure that any child seats or booster seats provided by SnowDrone are fitted correctly and any children requiring such child seats or booster seats are seated and strapped in correctly and comfortably in any such child seats or booster seats. Any Client who requires non-standard equipment for the safe passage of any member of its Party is advised to supply their own equipment or contact SnowDrone in advance to discuss arrangements.

44. Children under 16 years of age must be accompanied by an adult (which may be a pre-booked parent or elected guardian).

45. SnowDrone reserve the right to apply (a) any fuel surcharges to any Transfer to reflect any unforeseen and excessive rises in the local cost of fuel, and/or (b) any surcharges incurred as a result of changes in legislation which significantly increases the cost of providing a transfer service.

46. During any Transfer and in respect of each Booking Confirmation, the allocated driver shall remain solely in charge of the operation of the vehicle and its mechanics, and the operation and mechanics of the vehicle shall not be interfered with by any other Person other than the allocated driver.

47. During any Transfer and in respect of each Booking Confirmation, the allocated driver shall determine the route to the particular destination indicated in the Booking Confirmation. To the extent that a Client or a member of its Party requests that an alternative route (i.e. other than the route chosen by the allocated driver) be taken by the allocated driver and the allocated driver agrees to take such alternative route (provided that SnowDrone reserves the right to charge a supplement for any additional costs resulting from such alternative route, including but not limited to, toll fees, fuel costs and/or the allocated driver’s additional time), such allocated driver and SnowDrone shall not be responsible for or incur any liability whatsoever in the event that:

(a) the Client and/or its Party experience delays to their journey;

(b) the Client and/or its Party miss a flight or train or another other onward connection; and/or

48. During any Transfer and in respect of each Booking Confirmation, the allocated driver may stop en route to the destination specified in the Booking Confirmation at a safe location at any time for reasonable purposes, including but not limited to, taking a rest break or a toilet stop and the allocated driver (acting reasonably) has the right to cease the Transfer at any time and at any location if he thinks fit with the prior agreement of the office of SnowDrone.

Section 8 – Miscellaneous

49. SnowDrone reserves the right at all times to include (a) any Person employed by, or any Person who is a director of, SnowDrone or its affiliates and/or (b) any Person who is a family member of any Person employed by, or any Person who is a director of, SnowDrone or its affiliates, as a Passenger on any Transfer, in each case subject to availability on any such Transfer and unless otherwise agreed by SnowDrone.

50. SnowDrone reserves the right to subcontract / out-source Bookings to other licensed transport companies (approved by SnowDrone) to carry out a Client’s journey. When travelling with such company, please be aware that there may be variations in the operating terms and conditions of that company to the provisions of these Terms and Conditions, and accordingly, SnowDrone acts only as agents for that company and in such circumstances such company’s own terms and conditions shall apply and any liability of SnowDrone shall be limited to travel on services provided by SnowDrone only.

51. All payments made by any Client (including any additional fees or charges incurred during any Transfer) shall be made in Euros, unless otherwise agreed in advance with the office of SnowDrone.

52. SnowDrone agrees to keep all information, including contact details, supplied to SnowDrone by the Client during the booking process confidential and not to disclose it to anyone, other than for the purpose of completing a Transfer and provided that, SnowDrone may disclose any such information to any of its officers, directors, employees, professional advisors and auditors and as required or requested to be disclosed as a matter of law or regulation or by any court of competent jurisdiction or any governmental, banking, taxation or other regulatory or similar body. SnowDrone is committed to protecting each Client’s privacy, however certain personal information is required in order to respond to Bookings and meet each Client’s transfer requirements. From time to time, SnowDrone may use this information in order to notify a Client of special offers and/or news about SnowDrone. If a Client does not wish to receive this information, each Client has the ability to opt out by unsubscribing using the links on the email or by contacting SnowDrone to unsubscribe for any or all marketing activity by clicking the unsubscribe button which is found on all emails, or at any time via email to helen@snow-drone.com. Further details on SnowDrone’s procedures with regards to data protection can be viewed in the SnowDrone privacy policy.

53. SnowDrone shall only be liable for any reasonable and foreseeable consequential losses arising directly out of a breach in contract subject to a maximum amount of EUR500 per Party, provided that nothing in these Terms and Conditions shall affect any Passenger’s statutory rights.

54. SnowDrone reserves the right to vary and revoke these Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of SnowDrone. If, at any time, any provision of these Terms and Conditions is or become illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.

55. These Terms and Conditions and any non-contractual obligations arising out of or in connection with them are governed by French law.

56. Any dispute arising out of or in connection with these Terms and Conditions (including a dispute relating to the existence or validity of these Terms and Conditions or any non-contractual obligation arising out of or in connection with these Terms and Conditions) (a “Dispute”), if not resolved by mutual agreement, shall be referred to a mediator.

57. If mediation is unsuccessful, then the courts of France have exclusive jurisdiction to settle any Dispute.