These Terms & Conditions form part of the Agreement between View Ventures Limited (“Yonda”, “we” or “us”, and “our” shall be construed accordingly) (registered number 8910466) of Q-Park, Park Lane, London W1K 7AN (“Yonda HQ”) and each person who makes a Booking or takes a Tour.
1.INTERPRETATION AND DEFINITIONS
In these Terms & Conditions:
“Appendix” means the appendix to this Agreement and for all purposes it shall be construed as part of this Agreement;
“Booker” means a person who makes a Booking;
“Booking” means the booking, completed on the Booking Pages of our Website or otherwise, for a Tour at the time specified in the booking, subject to the provisions set out in the booking, including as to price;
“Booking Pages of our Website” means the part of our Website accessed by clicking “book a tour”;
“Booking Payment Card” has the meaning set out in paragraph 4.5;
“Cancellation Email” has the meaning set out in paragraph 4.2;
“Car” means a two-seat or four-seat Yonda car;
“Cleaning Fee” has the meaning set out in paragraph 9.2;
“Customer” means a person who takes a Tour, whether as a Customer Driver or a passenger;
“Customer Driver” means a person who takes a Tour, driving the Car;
“Driving or Parking Law” has the meaning set out in paragraph 7.2;
“Driving or Parking Legal Fees” has the meaning set out in paragraph 12.2;
“Key” means the car key to unlock, lock and operate the Car;
“Key Road Closure” means the closure of one or more roads along the Yonda sightseeing route, which we, in our absolute discretion, believe would significantly diminish the experience of the Tour or make the completion of the Tour impossible;
“Late Return Fee” has the meaning set out in paragraph 6.4;
“Material” has the meaning set out in paragraph 6.1;
“paragraph” is a reference to a paragraph of this Agreement;
“Replacement Key Fee” has the meaning set out in paragraph 6.5;
“Tablet” has the meaning set out in paragraph 6.1;
“Tour” means a Yonda sightseeing tour in a Car, using the Yonda software application, taken by a Customer either with a Customer Driver or driven by a Yonda Driver;
“Tour Period” means the period from the time that the Customer collects the Car from Yonda HQ until the time that the Car is returned to Yonda HQ;
“Tour Start Time” means the time at which a Customer’s Tour starts, as set out in the Customer’s Booking;
“Website” means our website, www.goyonda.com;
Website Booking” means a Booking, completed on the Booking Pages of our Website;
“Yonda Driver” means a driver provided by Yonda to drive the Car;
“you” means a Booker and/or a Customer and “your” shall be construed accordingly.
2.NATURE OF THE AGREEMENT
2.1 The Agreement, incorporating these Terms & Conditions and any confirmations made in the course of completing the Booking, sets out the rights and obligations of us and you (whether you are a Booker or a Customer), in relation to the Booking, the Tour and each Customer’s use of the Car.
2.2 The rights and obligations of the Booker and each Customer set out in the Agreement are not transferable.
2.3 If any provision of this Agreement is held to be invalid, illegal or unenforceable (in whole or in part) under applicable law, that provision or part shall be deemed not to form part of this Agreement but the remainder of this Agreement shall continue in full force and effect.
2.4 Any amount paid in relation to the Booking constitutes a fee to Yonda to use its bespoke Yonda software application in order to take a Tour.
3.1 By completing a Booking, the Booker confirms and warrants to Yonda that all information provided, including each confirmation relating to each Customer Driver, was true, accurate and not misleading when given, and remains true, accurate and not misleading at the time of the Tour. For the avoidance of doubt, the Booker must inform Yonda if any information given at the time of the Booking is no longer true and accurate or is misleading at the time of the Tour.
3.2 For the avoidance of doubt, a person must not drive a Car, and each Customer Driver must inform us, if any information given at the time of the Booking is no longer true and accurate or is misleading at the time of the Tour.
4.RE-SCHEDULING, CANCELLATION AND CHANGE OF TOUR ROUTE
4.1 If you want to re-schedule your Tour, please contact us not less than 24 hours before the time of your Tour and we’ll do our best to re-schedule to a time and date that’s convenient. If the Tour is rescheduled, please remember to inform each Customer.
4.2 You may cancel a Booking by sending us an email at email@example.com, stating that you are cancelling the Tour and providing your name and the time and date of the Tour (a “Cancellation Email”). We will acknowledge a Cancellation Email promptly to the sender and cancel the Tour. If you do not receive our acknowledgement of a Cancellation Email, it is your responsibility to contact us to confirm cancellation. It is the responsibility of the person sending a Cancellation Email to inform the Booker and each Customer that the Tour has been cancelled.
4.3 From time to time, roads along the Tour route may close. We are entitled, in our absolute discretion and without notice or liability, to change the Tour route, as described on our Website and in marketing material, in order to divert the route around road closures.
4.4 In exceptional circumstances, we may decide that it is not be possible for a Customer to take a Tour at the time specified in the Booking (for example, if there are Key Road Closures). In these circumstances, we will contact the Booker, giving as much advance notice as possible, to endeavour to re-schedule the time or date of the Tour to another convenient time and date, but, if not possible, we may have to, and we are entitled in our absolute discretion to, cancel the Tour; and, if we do re-schedule or cancel the Tour, we would ask the Booker to inform each Customer. If we decide that it is not possible for a Customer to take a Tour at the time specified in the Booking and we contact the Booker to endeavour to re-schedule, you may cancel the Tour. In the event that we re-schedule or cancel the Tour pursuant to this paragraph 4.4, save as set out in paragraph 4.5, we shall have no liability to the Booker or any Customer.
4.5 In relation to Website Bookings, if:
(i) pursuant to paragraph 4.2, we receive a Cancellation Email not less than 24 hours before the time of your Tour or,
(ii) pursuant to paragraph 4.4, we cancel your Tour without re-scheduling it,
we shall refund the cost of the Tour in full in pounds sterling onto the credit or debit card used to pay for the Tour (the “Booking Payment Card”), without further liability to Yonda.
4.6 If the Booking Payment Card is in a currency other than pounds sterling, Yonda shall not be liable if the amount refunded is less than the amount paid, by reason of currency exchange rate fluctuations or commission charged on the foreign exchange transaction between pounds sterling and the currency of the Booking Payment Card.
4.7 You are not entitled to a refund if the Tour is cancelled as a result of our receiving a Cancellation Email less than 24 hours before the time of your Tour.
5.AUTHORISED DRIVERS AND PASSENGERS
5.1 A person is entitled to drive the Car as a Customer Driver only if (a) (i) Yonda has been informed that he/she will be a Customer Driver; (ii) immediately before taking a Tour, he/she completes a Yonda customer hiring application and agreement, including his/her name, address, date of birth, email address and mobile phone number; (b) he/she has been authorised to drive by Yonda; and (c) he/she presents to Yonda his/her photocard driving licence (and, if it's in a non-Roman script, also an international driving licence) AND his/her credit or debit card AND, if it’s a non-UK driving licence, his/her passport or national ID card.
5.2 When completing a Booking, the Booker confirms and warrants to Yonda and immediately before the Tour, the Booker and each Customer Driver confirms and warrants to Yonda that, at the time of the Tour, each Customer Driver:
(a) is aged at least 25 years and not older than 75 years;
(b) has held a valid full driving licence for 24 months or more AND if it is a non-EU licence, has not been resident in Great Britain (“GB”) for more than 12 months and last entered GB not more than 12 months ago;
(c) has not been convicted of an offence in connection with the driving of a motor vehicle or motorcycle and/or has not had his/her licence endorsed or suspended, other than (i) parking and not more than 2 accepted motoring offences (as defined in the Appendix) resulting in up to 6 points in the past 3 years; and (ii) “spent” convictions, covered by the Rehabilitation of Offenders Act 1974;
(d) has not been involved in more than one fault motor accident in the last 3 years;
(e) does not suffer from a disability or medical condition that must be notified to the UK Driver and Vehicle Licensing Agency (the “DVLA”) which has not been notified to the DVLA;
(f) is not engaged in any of the following acts, occupations or professions: professional entertainment or theatrics; professional sport; a jockey or engaged in connection with racing of any sort; a member of non-UK Armed Forces service personnel born outside the UK aged under 30 years; a member of the United States Armed Forces; a street and/or market trader.
5.3 Each Customer Driver must not allow any person to drive the Car otherwise than in accordance with this paragraph 5 and paragraph 7.
5.4 Only two persons can take the Tour in a two-seat Yonda car. Only four persons can take the Tour in a four-seat Yonda car, save that, If the Tour is taken with a Yonda Driver, only three persons can take the Tour. Any passenger must be aged at least 4 years.
5.5 Yonda reserves the right to refuse, in its absolute discretion, to allow any person to take the Tour, whether as a Customer Driver or as a passenger.
6.COLLECTION AND RETURN
6.1 We will provide the Car to the Customer Driver(s) in good overall and operating condition, complete with a Key, additional material relating to the Tour (together, our “Material”) and an electronic tablet secured in the Car running the Yonda software application (the “Tablet”).
6.2 Customers must arrive 15 minutes before their Tour Start Time. If a Customer arrives late, we will endeavour to arrange for the Customer to take a Tour as soon as possible on the day. If no alternative Tour is available on the day, we’ll do our best to re-schedule to a time and date that’s convenient.
6.3 Each Customer agrees, immediately following completion of the Tour, for the avoidance of doubt on the same day as the Tour and within Yonda’s normal business hours, to return the Car to us at Yonda HQ, in the same condition as the Customer received it, subject to fair wear and tear, complete with all of the Material and the Tablet, and to hand the Key to a member of Yonda staff. Each Customer agrees to inform Yonda of any damage to the Car. For the avoidance of doubt, each Customer agrees not to remove any of the Material or the Tablet from the Car at any time.
6.4 If the Car is not returned to Yonda HQ within 1 hour 45 minutes following a Customer’s Tour Start Time, Yonda will be entitled to charge a late return fee of £30 (including VAT) in respect of a two-seat Yonda car or £40 (including VAT) in respect of a four-seat Yonda car, in each case per hour or part thereof until the Car is returned to us (a “Late Return Fee”). Customers will remain responsible for the Car until it is returned to us.
6.5 If a Customer does not return the Key to Yonda at the end of the Tour, Yonda shall be entitled to charge the cost of obtaining a replacement car key plus a reasonable administration charge for dealing with this matter (“Replacement Key Fee”).
6.6 If a Customer has not already done so, he/she must inform Yonda of any accident or damage to the Car during the Tour Period when returning the Car to Yonda.
7.USE OF THE CAR
7.1 Each Customer Driver must use the Car in a responsible manner at all times and must not drive the Car recklessly or negligently.
7.2 At all times during the Tour Period, each Customer Driver must comply with, is solely responsible for complying with, and shall be liable for violation of, the Highway Code and other traffic and parking law and regulation (“Driving or Parking Law”), and must avoid any situation that might cause damage to the Car, to other property and to third parties. For the avoidance of doubt, whilst the route is shown on the Tablet, and we check the route regularly for road closures, it is the Customer Driver’s responsibility to comply with the Highway Code and not to drive on any roads which are closed.
7.3 A person must not drive the Car if he/she is tired, feels unwell or is under the influence of alcohol, drugs, medication or any other substance impairing his/her consciousness or ability to react.
7.4 Whilst Yonda may, if a Customer Driver requests, provide a booster seat for a child, it is the Customer Driver's responsibility to ensure that the passenger is restrained correctly in accordance with English law.
7.5 If Customers leave the Car (whether during or at the end of a Tour), it must be left parked safely and lawfully, where possible not causing an obstruction, with the roof and windows closed and the Car locked, and whilst away from the Car, Customers must keep the Key with them, safely.
7.6 The Car will be provided with sufficient fuel to complete the Tour. Customers are not expected to fuel the Car. If a Customer does fuel the Car for any reason, he/she must use the correct fuel; and Yonda will not be liable to reimburse a Customer.
7.7 No one may service or repair or modify the Car in any way without our prior express permission.
7.8 You must use the Car only for the purpose of completing the Tour and must not use it or allow it to be used for any other purpose including without limitation: to carry passengers or cargo for remuneration; to carry animals; to tow or push any vehicle, trailer or other object; off road or on roads unsuitable for, or which could cause damage to, the Car; when it is overloaded; for carrying any object or any substance which, because of its condition or smell may harm the Car or its occupants or delay our ability to provide the Car to other customers; to take part in any race, rally, test or other contest; in contravention of any traffic or other regulations; for any unlawful purpose; to allow any person, other than those authorised by Yonda to drive the Car; to drive or be driven in restricted areas including, but not limited to, airport runways, airport service roads and associated areas; for driver training activity; or in contravention of any of the driver requirements set out in paragraph 5 and this paragraph 7.
7.9 Customers have no rights in relation to the Car, other than as set out in these Terms & Conditions and, in particular, no right to sell or lease the Car to any third person and that any attempt to do so is void.
8.ACCIDENTS, LOSS AND THEFT
8.1 During the Tour, the Customer has custody of the Car, the Key and the Tablet. The Car is covered by comprehensive motor insurance. However, if you do not comply with this Agreement, you may be liable to us for any damage to or theft of the Car or the Tablet or any theft or loss of the Key or any liability or reasonable loss we incur or any damages or reasonable expenses we suffer or incur as a result of your breach; and you may incur liability to third parties. We reserve the right to take back the Car at any time, and at your expense, if you are in breach of this Agreement.
8.2 Each Customer must inform Yonda immediately (i) if he/she is involved in an accident or experiences mechanical failure, (ii) of any damage caused to the Car or the Tablet, whether by any Customer or a third party, (iii) of any theft or loss of the Car, the Key or the Tablet, (iv) of any damage to the property of any third party caused by any Customer Driver or the Car, (v) of any personal injury to any person caused by any Customer Driver or the Car, and (vi) of any personal injury to any Customer, in each case during the Tour Period.
8.3 In the event of an accident or theft of a Car during the Tour, Customers must (i) take the names, addresses, contact details, and vehicle details (including vehicle registration numbers) of every person involved, including witnesses; (ii) record as much detail as possible about the accident, including using diagrams and photographs, (iii) not admit any liability, release any party from liability, settle any claim or accept any disclaimer, and (iv) complete and submit to us a Yonda accident or theft report form.
8.4 Each Customer must provide full details to Yonda and co-operate fully with Yonda and its insurers in any investigation or subsequent legal proceedings relating to any incident referred to in paragraph 8.2 or 8.3.
8.5 If we agree in writing that a Customer Driver may provide his/her own insurance to cover liability for loss of or damage to the Car, he/she authorises us to negotiate and agree any settlement in respect of such loss or damage direct with his/her insurers and agrees that any monies in respect of such loss or damage will be paid direct to us.
9.1 The charges set out on our Website for the Tour chosen or any other charge paid to any third party authorised by us to sell the Tour includes any applicable VAT at the prevailing rate.
9.2 We shall be entitled to charge a reasonable additional fee if, in our reasonable opinion, the Car requires more than our standard cleaning on its return plus a reasonable administration charge for dealing with additional cleaning (“Cleaning Fee”).
9.3 The Booker agrees that we shall be entitled and are authorised to charge to the Booking Payment Card, and the Customer Driver agrees to provide his/her credit or debit card on arrival at Yonda HQ before the Tour and that we shall be entitled and are authorised to charge to his/her credit or debit card, in each case without the requirement for further authorisation, the amount of any Late Return Fee, Replacement Key Fee, Cleaning Fee and Driving or Parking Legal Fees.
9.4 All charges will be processed in pounds sterling. We reserve the right to charge you interest, at a rate of 3% above the base rate for the time being of National Westminster Bank plc, in respect of any amount due to us that you fail to pay in accordance with this Agreement.
10.RESPONSIBILITY FOR YOUR OWN PROPERTY
We may not be able to hold any property at Yonda HQ for any Customer during the Tour. We are not liable to any Customer for loss of or damage to property left in the Car or at Yonda HQ during or after the Tour Period. Such property is entirely at the Customer’s own risk.
11.LIMITATION OF YONDA’S LIABILITY
11.1 Subject to paragraph 11.2, we shall not be liable to any Booker, any Customer or any third party for any loss or damage arising from the Booking, the Tour or Customers’ custody of the Car, other than as a result of our negligence or wilful misconduct or any other breach by us of this Agreement. We shall not be liable for any indirect or unforeseeable loss or damages, including loss of profits or loss of opportunity.
11.2 Nothing in the Agreement shall exclude or restrict our liability for death or personal injury resulting from our acts or omissions or any other liability which cannot be excluded by law.
12.PARKING FINES AND TRAFFIC VIOLATIONS AND BREACH OF THE HIGHWAY CODE
12.1 In the event that Yonda receives notification relating to any purported breach of Driving or Parking Law during the Tour Period, each Customer Driver authorises Yonda to provide to the police, any other relevant authority and Yonda’s or any relevant third party insurers his/her name and contact details, a copy of this Agreement and any other material evidencing his/her having custody of and driving the Car during the Tour Period.
12.2 If we are required to pay fines, charges or associated costs for breach by a Customer Driver of any Driving or Parking Law, the Booker and the Customer Driver agree that we shall be entitled to charge the Booker or the Customer Driver the amount of any fine, charge and associated costs plus a reasonable administration charge for dealing with these matters (together “Driving or Parking Legal Fees”).
12.3 You are not required to pay the London Congestion Charge.
13. YONDA SOFTWARE APPLICATION AND COMMENTARY
Your have the right, during the Tour, to use the Yonda software application and to listen to the Yonda Tour commentary, but you have no other rights in relation to the Yonda software application or the Yonda Tour commentary. You must not record, broadcast or reproduce the Yonda software commentary without Yonda’s written consent.
14.PERSONAL DATA, PRIVACY
14.1 By entering into this Agreement you consent to the storage and processing of your personal information by us in connection with this Agreement for the purposes of our legitimate interests, including statistical analysis, marketing and social media, credit control and protection of our assets.
This Agreement is subject to and shall be construed in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
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