Driver loginCONTRACT WITH PASSENGERS
FOR TERMS RELATING TO COURIER AND ACCOUNT WORK PLEASE CONTACT YOUR ACCOUNT MANAGER
DEFINITIONS AND INTERPRETATION
“AAA” (the supplier) means any company within the Elveria Holdings Group Ltd incorporated and registered in England and Wales with company number 09040665 whose registered office is at 33 Wood Street, Barnet, EN5 4BE including AAA London Limited, AAA (Herts) Ltd and Females in the Fleet Ltd, all of whom which hold operator licences and accept passenger bookings and provide services under these terms.
AAA London Limited is a private hire operator licensed by Transport for London (PHOP 010135) and accepts responsibility for bookings (by telephone on 0208 555 777) as a principal contractor to passengers in accordance with Regulation 9(14) Private Hire Vehicles (London) (Operators Licences Regulations 2000 as amended.
AAA Taxis (Herts) Ltd is a private hire operator licensed by City of Wolverhampton (PHOP 237) and accepts responsibility bookings by app and by telephone 01707 888 888 as laid out by their conditions: https://wolverhampton.moderngov.co.uk/documents/s145145/PHV-Operator-Conditions-Feb-2020.pdf
Females in the Fleet Ltd is a private hire operator who is licensed by Hertsmere Borough Council (PHOP 247) and accepts responsibility for bookings (by telephone on 01707 888777 and 01707 650077) as laid out in their conditions: https://www.hertsmere.gov.uk/Documents/02-Business/Licensing/Private-hire--Hackney-Carriage-Licensing/Operator-Licence-Conditions.pdf
“Airport Booking” means a Booking made to or from any UK airport terminal as listed om HM.Gov map ‘Airports in the United Kingdom’ TSGB0209.
“App” means the AAA mobile application available on the App Store or Google Play Store.
“Applicable Law” means all statutes, statutory instruments, regulations, regulatory requirements, by-laws, ordinances, subordinate legislation and any other laws which apply in any relevant jurisdiction from time to time.
“Booking” means a booking made by a passenger for services, howsoever communicated to us, as evidenced by our records.
“Cancellation Fee” means the sums payable by a customer for the cancellation of passenger services booked by the customer as set out in, and in accordance with, clause 3 and 4 below.
“Collection” means the address stated by the customer at the time of making the booking as the address from which the vehicle shall collect the customer, any passengers, luggage or goods.
“Contract” means an agreement between AAA and the passenger when the passenger provides a collection address, destination address, time, date and contact details whereupon thereafter AAA confirm acceptance.
“Customer” and “You” means any person who books
services which are accepted and confirmed by AAA.
“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.
“Destination” means the address stated by the customer at the time
of making the booking as the address to which the vehicle shall deliver the customer, passengers and associated luggage/goods.
“Driver” means any licensed person who drives a licenced passenger vehicle.
“Fare” means the charges: (i) shown in a price list or other published literature i.e on the web booker or mobile app; (ii) communicated to the person making the booking.
“Goods” means any goods including luggage transported by us pursuant to a contract.
“Minor(s)” means a child/children of less than 12 years of age.
“Passenger(s)” means the customer and such persons who the customer shall authorise and/or permit to make use of the passenger services booked by travelling in a passenger vehicle. By agreeing to or using the services, each passenger agrees to be bound by these terms.
“Passenger Booking” means a booking that is: made by a passenger who directly books with us. Once AAA confirms acceptance of the booking AAA takes responsibility for the journey from point A to B.
“Passenger Services” means the transportation of passengers (together with
any applicable luggage or goods) by a licenced passenger vehicle.
“Passenger Vehicle” means any licenced private hire vehicle
used for the carriage of passengers.
“Payment” means the payment in relation to a completed booking by any means including cash, cheque, credit card, debit card, Apple Pay, PayPal and direct transfer payments.
“Personal Data Breach” means the accidental or unlawful destruction, loss,
alteration, unauthorised disclosure of, or access to any Processed Data.
“Price” means the price quoted for the journey by us relating to the services we supply but excluding waiting time and any additional charges incurred as per clause 2 below.
“Processed Data” means personal data provided from the customer to AAA in relation to the Services.
“Restricted Street” means any location subject to any parking law or regulation prohibiting any vehicle waiting during prescribed hours.
“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.
“Terms” means these terms and conditions, as amended from time to time.
“Vehicle” means a licensed passenger vehicle.
“Waiting Time Charge” means the charges applied for waiting outside of the prescribed free time included with any quote or estimated provided by us.
“We”, “we”, “Our”, “our”, “Us” and “us” means: AAA as the supplier who accepts the booking and confirms acceptance to the customer, thereupon taking responsibility for the journey from point A to B.
“Writing” and “Written” means any written communication including email and SMS.
1. Passenger Bookings
Bookings can be made by passengers via the phone, our app, online including email or in person at our public offices. When making a booking that AAA accept you are contracting directly with AAA for these services. AAA accepts bookings as an operator under relevant licences aforementioned. You may request a copy of our licence at any time. A copy is displayed at each of our offices and booking hubs.
By making a booking with AAA you agree to these terms.
1.1 AAA will only accept a passenger booking from its passenger, e.g. not through a driver. Upon acceptance of your booking AAA takes responsibility for the journey from point A to point B rather than anyone else (e.g. a driver) doing so. You can contact AAA at any time throughout the process by calling either the original number you dialled or 01707 888 888. AAA’s booking service includes the keeping records of all bookings, monitoring bookings, receiving and dealing with feedback, comments and complaints as well as managing lost property. Feedback, comments, complaints and lost property enquiries can be made by calling 01707 888 888 or by using contact forms on our website www.aaataxis.com/contactus
1.2 AAA reserves the right to decline bookings. Your booking may be declined for any reason. If a driver becomes unavailable after we have accepted your booking we will endeavour to find you another driver for your booking. Where an alternative driver cannot be found we reserve the right to terminate the contract without compensation to you.
A booking will be carried out for the fare which is agreed at the time of booking or based on an accurate estimate provided in advance and in conjunction with any additional charges as laid out in clause 3 below.
1.3. We will inform you of the estimated time of driver arrival however these are estimates and time is not of the essence. If we are unable to provide a driver we will inform you and you will not be charged for your booking. The contract terminates either when the journey ends or for any other cancellation reason outlined in these terms.
1.4 AAA will always despatch a licensed passenger vehicle and driver compliant with the conditions of its operator licences.
In line with obligations laid down by TFL any bookings taken by AAA London Ltd (Private Hire Operator’s Licence 010135) will be carried out by a London licensed passenger vehicle and driver.
2. Prices, Fares and Cancellation Fees
2. Prices, Fares and Cancellation Fees
2.1 The price quoted to the customer shall be calculated based upon the journey specified by the customer at the time and date provided by the customer. The price quoted by us shall be based upon our chosen route between the collection address and the destination address (via any other collection points or destination points stated by the customer at the time of making the booking). This price is the fare payable by the customer subject to additional charges as outlined below in clause 3 below.
The passenger must pay for the services either directly to the driver by way of cash or by card payment through the AAA app or a ‘paylink’ provided by AAA, which will be processed by a third party payment on behalf of the driver and AAA.
You may be required to make payment in advance. Where the fare is not paid at the beginning of the journey the total fare is payable upon arrival at your destination before leaving the vehicle.
2.2 No charges shall apply to a booking which you cancel where a vehicle has not been allocated to your booking and/or despatched by AAA.
Where a driver has been allocated to your booking and you cancel a cancellation charge shall apply to the value of the cost of local journey or from operating area to your collection.
2.3 In relation to the collection of any passenger(s) for an airport booking, payment in advance would be required. Included in the price charged we will allow 45 minutes of free waiting time starting from either the flight arrival time or requested collection time.
The arrival time will be based on the flight arrival time provided by the customer including a flight number at the time of making the Airport Booking. We will monitor the relevant flight and alter the collection time accordingly prior to despatch. Should the flight time change after we have despatched a driver then additional charges may apply.
3. Waiting Time Charge and Additional Charges
3.1 Our charges include the first three (3) minutes of waiting time after arrival at the collection address for both ‘as soon as possible’ and/or pre-booked (applied 3 minutes after the pre-booked time). Waiting time charges apply from the fourth (4th) minute of waiting time and shall be due and payable by the customer at the end of the journey in addition to the quoted fare.
Additional charges such as parking charges, where the customer requests the driver waits will be payable by the customer as follows: cost of parking charge upon presentation of a parking ticket from driver to customer.
3.2 Destination and collection drop off charges may apply at airports, stations, on toll roads other addresses where levied by the land owner. Parking charges associated with any destination or collection charge may apply in additional to our original quoted fare.
Any additional collections, destinations and mileage incurred after the original booking is made will be charged extra and must be arranged with AAA directly, not through the driver. Any passenger (other than an unaccompanied minor) may amend the quoted journey by contacting AAA. We may (but we are not required to) obtain consent from the customer for such amendment prior to agreeing the amending instructions.
3.3 In the event that the customer requires more than four (4) passengers to travel in a passenger vehicle then additional charges may be levied by us for the provision of a larger passenger vehicle or the carriage of additional Passengers in excess of four (4) where luggage and goods exceed the size of the vehicle.
3.4 We reserve the right to charge the customer a surcharge for all journeys made during Bank Holidays, such surcharges will be communicated to the person making the relevant booking.
3.5 Customers must inform us at the time of making a booking if the customer or any passenger wishes to transport luggage, goods or a bicycle in any passenger vehicle. We reserve the right to charge an additional fee for transporting a bicycle/other goods. The Customer acknowledges that only some of our vehicles have been allocated, and/or equipped, to carry bicycles/other goods. We reserve the right to cancel a booking on arrival at the collection address if we have not been informed of the customer’s requirement to carry a bicycle/other goods in the passenger vehicle.
3.6 In the event that the customer did not inform us at the time of making a booking that the customer or any Passenger wishes for us to transport a bicycle/other goods, AAA may decide to: (a) cancel the Booking, or refuse to transport the bicycle and offer to transport the passenger only; or (b) refuse to transport the bicycle and offer to make arrangements for another one of our vehicles to transport the passenger and the bicycle/other goods
3.7 In the circumstances set out above, a cancellation fee shall be payable by the customer along with any additional charges aforementioned.
4. Passenger Services – General
4.1 We shall use reasonable endeavours to provide a licensed passenger vehicle to meet the requirement of the type specified by the customer and in the event that such a vehicle is not available, a reasonable alternative vehicle.
4.2 A private hire vehicle can only carry the number of passengers licenced by the local authority. A baby is considered a passenger even if sat on a lap. Car seats may be provided by the customer for use in our vehicles. These are used by the customer at their own risk. We do not provide car seats. Where car seats are retained by the driver (ie when dropping at an airport where there is a return journey booked) there may be a storage charge. We will endeavour to store the seats in a safe and clean environment but all items are left with us at the customer’s risk.
4.3 Customers must inform us at the time of making a booking if the
customer or any passenger wishes to carry any domestic animals in any licensed passenger vehicle. All domestic animals must be carried in a suitable box or cage, if appropriate and/or be suitably restrained. A small surcharge may apply for the transporting of non- assistant dogs.
We reserve the right to cancel a booking on arrival at the collection address if we have not been informed of the customer’s requirement to carry an animal in the passenger vehicle, and to charge the customer the relevant cancellation fee under these terms.
Assistance Dogs (which includes Guide Dogs) are exempt from this requirement and are permitted to be carried in any passenger vehicle. No additional charge is made for Assistance /Guide Dogs. No driver may refuse to transport an Assistance/Guide Dog without express permission by the Local Authority who will provide the driver with an exemption certificate.
4.4 Passengers are not permitted to smoke or vape in any passenger vehicle (including using electronic cigarettes).
4.5 Passengers shall not play any musical instrument or broadcast recorded music in any passenger vehicle except with our written permission.
4.6 Passengers shall not consume food or drink in any passenger vehicle.
AAA reserve the right to decline carriage to any passenger in our opinion, is intoxicated. AAA or its representatives may require a passenger who in our opinion is intoxicated to vacate the vehicle.
4.7 We reserve the right to refuse to transport or cease to transport any passenger who behaves in a disorderly, inappropriate (including excessive physical contact or display), threatening or abusive manner, verbally or physically, or who, in our absolute discretion, we consider a nuisance or a danger to our employees, drivers, representatives or to fellow passengers and may require such a passenger to vacate the vehicle immediately. The customer may be charged a cancellation fee.
4.8 The transportation of luggage/goods/bicycles in a passenger vehicle shall be permitted at our absolute discretion. Passengers shall remain responsible at all times for their luggage, goods and/or bicycle and shall load and unload their own luggage, goods and/or bicycle.
Any assistance we provide the customer with the loading and unloading of his/her luggage and/or bicycle from the passenger vehicle is at our sole discretion.
4.9 We do not accept any responsibility for the loss of or damage to any luggage/goods/bicycles which are transported in a passenger vehicle.
The Customer acknowledges and accepts that any luggage/goods and/or bicycle stored in the passenger vehicle may move around during the journey and accordingly the Customer (and any passengers) should take extra care when opening the luggage compartment of the Passenger Vehicle.
4.10 Passengers are required to comply with current customs, laws and regulations and we shall not be responsible for any delays caused by any failure to comply with the same.
4.11 All Passengers are required to use seatbelts at all times.
4.12 We will not allow unaccompanied minors of less than 12 years of age to travel alone in a passenger vehicle.
4.13 We are committed to providing Services in accordance with the Equality Act 2010. We may assist any passenger who is not capable of boarding or vacating a passenger vehicle unaided, at our sole discretion but at the passenger’s risk. AAA currently own a Disabled Access Vehicle. Details as to how to book this vehicle are on our website: www.aaataxis.com
4.14 We may charge reasonable repair or cleaning charges up to the value of £100 representing loss of earnings for the driver in the event of spillages in or in the event that any passenger vomits in or otherwise soils, contaminates or damages a passenger vehicle.
4.15 Where property is found in a passenger vehicle it will be stored by us for a period of 28 days and thereafter we shall dispose of lost property in accordance with the requirement of the Local Authority. To contact us about lost property please either call 01707 888 888 or fill in our form on our website: www.aaataxis.com. Lost property may be collected from our office or returned via an arranged delivery method at an agreed charge.
GENERAL
5.1 These Terms shall be incorporated in and form part of all contracts for the provision of the services to passengers.
Bookings can be made by telephone, via our website, by email, by using our mobile app or in person at our public access offices.
The media by which you are able to make a booking constitutes an invitation to us to treat your booking as an invitation to contract for services. AAA can accept or decline your booking in line with these terms.
5.2 By accepting these Terms, you are also accepting the terms of our privacy policy, which can be found at https://www.AAA.com/privacy-policy. Our privacy policy sets out details of how we use the personal information that you provide to us. We only use your personal information in accordance with our privacy policy.
5.3 Each party acknowledges that it is not relying on any statements, warranties or representations given or made by the other whether actual or implied by common law or under statute in relation to the subject matter of any contract and that it shall have no rights or remedies with respect to such subject matter otherwise than under the relevant contract.
5.4 We shall be entitled to vary the prices from time to time.
5.6 We may, in our absolute discretion, decline to accept any booking.
5.7 Any dates, periods or times specified by us in connection with the performance of the services are estimates only and time shall not be of the essence for the performance by us of our obligations under the contract. We make no warranty that any passenger/goods or property shall be delivered within the customer’s stipulated time period (if any) and/or within any time period stated by us unless express reference is made to this clause 5.7 and agreed in writing by a Director of AAA.
5.8 Passenger(s) and any luggage/goods or bicycle and any personal items shall be ready for collection at the time stipulated by the customer when the booking is made.
Where the collection address is in a restricted street we will allow 3 minutes for loading. In respect of restricted street collections only, and in the event that all booked passenger(s), and their luggage, have not boarded the passenger vehicle within 3 minutes of the latter of: (i) the arrival of the passenger vehicle at the collection address; and (ii) the booked time for collection, we reserve the right to charge the customer a waiting time charge which will not include the first 3 minutes.
Furthermore where the collection address is in a restricted street the driver shall be entitled to leave the collection address and we shall endeavour to arrange with the customer a revised collection time or location. If revised collection details cannot be agreed with the customer we may treat the booking as having been cancelled and charge a cancellation fee.
5.9 No delay or omission by either party in exercising in whole or in part any right, power or remedy provided by law or under the contract shall affect that right, power or remedy; or operate as a waiver of it.
5.10 The Customer agrees to indemnify and keep us fully indemnified from and against any direct and indirect losses, claims, expenses, damages or liability whatsoever incurred or suffered by us as a result of the negligence, acts or omission or default under the contract by the customer, or its employees, agents or subcontractors or any Passengers.
5.11 The customer shall be liable for any damage caused by passengers to any passenger vehicle.
5.12 Subject to the following provisions of this clause 5, except in respect of death or personal injury caused by our negligence, or that of our servants or agents, our liability to the customer for loss and/or damage caused by the negligence of us and/or our servants or agents, or otherwise which arises out of or in connection with the provision of the services or their use by the Customer shall be limited as follows:
5.12.1 in relation to the services, our liability shall not exceed £150;
5.12.2 in the case of lost or damaged Goods (including where relevant luggage of customers travelling in passenger vehicles), our liability shall not exceed
£150 unless the Customer has notified us that the goods have a value in excess of £150 and we have agreed in writing to be responsible for the repair or replacement of the goods up to a greater value and the customer shall indemnify us against any passenger claiming sums in excess of such limits.
5.13 We shall not be liable to the Customer for any loss or damage to property arising in the course of delivering, loading or unloading of passenger’s luggage/goods or bicycle.
5.14 We shall not be liable to the Customer for any loss of anticipated savings, business revenues, loss of agreements, loss of opportunity or loss of business or profits whether categorised as direct or indirect or any indirect, special or consequential loss (including losses arising from business interruption, wasted management time, loss of goodwill, data and all other such loss whether or not arising in the normal course of business).
5.15 We shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing any of our obligations under the Contract.
5.16 We shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any failure to perform any of our obligations under the Contract if the delay or failure was due to any circumstances or cause beyond our reasonable control.
5.17 We shall, in no event, have any liability in respect of any claim, how so ever arising, that is not notified to us by the customer, in writing, with sufficient particularity, to identify the nature and the quantum of the claim within fourteen (14) days of the occurrence of the circumstances giving rise to the claim.
5.18 The customer acknowledges that the limitations on our liability as set out in this clause 5 are fair and reasonable in the circumstances and have been taken into account and reflected in the level of the charges.
5.19 To allow us to provide the customer with the best possible service, we may use location-based services. Information that we collect from the Customer through the use of these services shall be collected and stored in accordance with the terms of our privacy policy.
By accepting these Terms the customer consents to our use of location-based services. The customer can withdraw its consent at any time.
The accuracy of our location-based services may vary depending on the customer’s location and whether the customer is in a rural or urban environment.
We reserve the right to suspend or terminate the location based services at any time.
In providing active location-based services we comply with the “Industry Code of Practice for use of Mobile Phone Technology to Provide Passive Services to the UK” (which sets principles of good practice for the provision of passive and active location based services), a copy of which can be found at http://www.mobilebroadbandgroup.com
5.20 Any complaints relating to the Services shall be addressed to us and made in writing within 14 days of the event giving rise to the complaint. A copy of our complaints policy is available on our website: www.aaataxis.com.
5.21 Termination of a contract shall be without prejudice to any rights and/or obligations of us and/or the customer accruing prior to the date of such termination.
5.22 Any notice required or permitted to be given by either party to the other under these Terms, shall be in writing and may be given personally or sent by email or by prepaid registered post to the other party to the offices of AAA at its registered office or principal place of business or such other address as may at the relevant time have been notified as that party’s address for service. Any notice served by email shall be deemed delivered immediately and by registered post shall be deemed served forty eight (48) hours after posting to an address in the United Kingdom or five (5) Business Days after posting to an address outside the United Kingdom. In proving the service of any notice it will be sufficient to prove, in the case of a registered post letter to provide proof of delivery.
5.23 A person who is not a party to any Contract shall not have any rights under or in connection with it.
5.24 We reserve the right to subcontract or delegate in any manner any or all of our obligations under any contract to any third party or agent.
5.25 If any provision of these Terms, which is not of a fundamental nature, is held by any court or other competent authority to be invalid or unenforceable in whole or in part, such part, term or provision shall be deemed deleted from these Terms and the remainder shall not be affected. Should the foregoing apply the parties shall use all reasonable endeavours to agree upon any lawful and reasonable changes to these Terms which may be necessary in order, as close as possible, to give effect to the commercial intent of these Terms.
5.26 We reserve the right to amend these Terms. Notice of amendments to these Terms shall be posted on the AAA website.
5.27 These Terms shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the Courts of England.
5.28 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.
5.29 Subject to clause 5.37, AAA: (a) acknowledges that, in respect of Processed Data, as between the parties, it acts as a processor; and (b) shall ensure that all AAA personnel who have access to and/or process Processed Data are obliged to keep the personal data confidential.
5.30 From the date the GDPR enters into legal force and effect in the United Kingdom, and subject to clause 5.34, AAA (GB) Ltd : (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); (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 AAA becomes aware of a Processing Instruction that, in AAA opinion infringes Data Protection Legislation, provided that, this provision is without prejudice to clauses 5.28 in respect of the Customer, and clause 5.36; (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 AAA 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 AAA 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.
5.31 The provision of the Services may require the transfer of personal data to countries outside the EEA from time to time. Subject to clause 5.32, AAA 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.
5.32 The customer hereby grants to AAA 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) AAA and the sub-processor enter into a contract on terms substantially as protective as this clause; (b) AAA shall keep the customer informed of all sub-processors outside of the AAA Group engaged in the provision of the Services. (c) AAA shall notify the 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 AAA of its objections in writing within 7 calendar days of AAA notification; and (d) AAA shall remain fully liable to the customer for the performance of the sub-processor’s obligations.
5.33 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.
5.34 If and to the extent, AAA is a data controller in relation to personal data collected under this Agreement, AAA shall comply with the applicable provisions of the Data Protection Legislation.
5.35 The Customer may provide AAA 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 AAA .
5.36 The customer warrants, that in relation to all processed data, the customer gives all necessary consents of the relevant data subject for their personal data to be shared with AAA and, if relevant, any of the fulfilment partners.
ANNEX 1
PROCESSED DATA
For the purposes of clauses 5.30-5.36 (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.
• 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.