Business Terms & Conditions
Plus One Concierge Limited ("Plus One Concierge") Terms and Conditions of Services ("Conditions")
These Conditions apply to all services ordered from or provided to you by Plus One Concierge and by requesting services from Plus One Concierge you agree that these conditions shall apply to those services and your order.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Conditions, the following definitions apply:
Benefits: means the benefits made available to Clients by Suppliers.
Conditions: these terms and conditions as amended from time to time in accordance with clause 10.5.
Companion: means a freelancer engaged by Plus One Concierge on behalf of a Client to provide services to that Client.
Company: means Plus One Concierge Ltd.
Joining Fee: means the Fee payable by the Client to Plus One Concierge upon acceptance of a Membership application, in accordance with clause 3.1.
Client: a person registered as a Client of Plus One Concierge or Member.
Membership: means Membership of the Plus One Concierge Membership.
Membership Fees: means the fees payable in respect of Membership notified to Clients upon application for and prior to renewal of Membership.
Payment Card: has the meaning given in Clause 3.7.
Places: means the premises any concierge service and companionship are provided at.
Website: means the website located at www.plusoneconcierge.com.
Request: means a request placed by a Client with Plus One Concierge for Plus One Concierge to arrange the supply of goods and/or services and/or activities from a third party and/or Companion on the Client's behalf.
Services: means the concierge services provided by Plus One Concierge to its Clients stand alone or as part of their Membership, as well as Companion services which are charged in addition.
Supplier: means a supplier engaged by Plus One Concierge on behalf of and as agent for a Client to provide goods and/or services to that Client, including Companions.
1.2 In these Conditions, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes e-mails.
2. SERVICES AND/OR MEMBERSHIP APPLICATIONS
All Services and/or Membership applications are subject to acceptance by Plus One Concierge at its sole discretion. Plus One Concierge shall notify applicants in the event that his or her Service or Membership application has been accepted. Plus One Concierge is under no duty to disclose its reasons for rejecting any application.
You are obliged to provide correct personal details when you apply for Membership or Services. Failure to do so may invalidate your Membership or Service and any subsequent transactions. Your responsibility to provide accurate information is a continuing obligation and you must notify Plus One Concierge promptly in the event that any information provided by you in connection with your Membership or Service requests change.
Plus One Concierge will send you these terms & conditions with associated Membership documentation as soon as possible following receipt of your Joining Fee.
Your Membership is personal to you. You are responsible for ensuring that no one (other than your personal assistant on your behalf, where applicable) uses your Membership.
3. MEMBERSHIP FEES, UPGRADES, CANCELLATIONS AND RENEWALS
For the first year of your Membership, Membership Fees and the Joining Fees payable shall be confirmed to you prior to acceptance of your Membership application. The Joining Fee shall be payable in full upon acceptance of your Membership and/or Service application. Any increase or decrease to the Membership and Service Fees for subsequent years of Membership will be notified to all Clients in advance or their Renewal Dates.
You acknowledge that your payment of the Joining Fee constitutes your express request for us to begin to supply you with the Services.
Subject to Clauses 3.5, 3.6 and 3.12, Membership Fees are non-refundable. Your Joining Fee covers our costs in setting up your Membership and Services and is non-refundable in all circumstances.
You have the right to cancel your Membership until the end of 14 days after the day on which we accept your Membership application ("Cancellation Period") and we would ask that you inform us of your decision in writing.
If you cancel your Membership within the Cancellation Period, you will be reimbursed for your Membership Fee, less deductions for the Services we have performed up until you informed us of your decision to cancel.
Plus One Concierge reserves the absolute right to cancel or suspend your Membership where it has reason to do so. If Plus One Concierge cancels your Membership, where it is reasonable to do so Plus One Concierge shall refund the balance of the current annual Membership Fee on a pro rata basis in respect of the unexpired period to which the annual Membership Fee relates.
Membership Fees are due on acceptance of your Membership application and annually thereafter (the "Renewal Date"), and full payment will be taken by Plus One Concierge annually in advance by direct debit or payment by a credit or debit card which you have authorised us to deduct such payment from ("Payment Card") in accordance with the relevant invoice.
Where you have provided us with details of a Payment Card or have authorised a direct debit mandate, you hereby expressly authorise Plus One Concierge to deduct collect renewal Membership Fees up to 28 days prior to or on your Renewal Date. Alternatively, you will be contacted directly in order to renew your Membership.
If you do not wish to renew your Membership you must notify us in writing at least 30 days prior to your Renewal Date.
If you do not notify us in accordance with Clause 3.9, Plus One Concierge reserves the right to recharge the then current Membership Fee in order to renew the Membership.
Plus One Concierge reserve the right to refuse to provide the Services should any payment due under these Conditions not be received.
If, during the course of your current Membership, you wish to upgrade your Membership to a higher level of Membership or Plus One Concierge reasonably requests you to upgrade your Membership based on your usage of the Services, the difference in price between the two categories of Membership will be payable on a pro rata basis. If you do not accept Plus One Concierge's request for you to upgrade your Membership then Plus One Concierge reserves the right to cancel your existing Membership with immediate effect in which case you will be entitled to a pro-rata refund in respect of the period from the date of cancellation until the end of the relevant Membership year for which you have paid Membership Fees.
Plus One Concierge may at your request purchase goods or services on your behalf. In the event that we act as a credit agent in this regard, you hereby authorise Plus One Concierge to deduct the credit sum from your Payment Card immediately.
4. SUPPLY OF SERVICES
Plus One Concierge shall supply the Services and/or Companion to the Client in accordance with the Client's particular Requests, provided that Plus One Concierge shall not be required to provide or facilitate the supply of goods and/or services that it deems at its sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.
Plus One Concierge shall use its reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of any Services.
The Company shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Plus One Concierge shall notify the Client in any such event.
Service Requests will be handled in English by Plus One Concierge office during normal business hours.
You acknowledge that Plus One Concierge reserves the right to accept commissions upon the supply of products or performance of services by any Supplier.
Telephone calls to Plus One Concierge may be monitored or recorded for training and quality control purposes.
Plus One Concierge shall provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with your Requests and reasonable instructions from time to time.
4.8 Restaurants, courses and Places:
(a) When you use the booking service you hereby authorise us to debit your Payment Card for any deposit paid by us on your behalf to the Supplier which is forfeited as a result of your cancellation of the booking.
(b) When you use the booking service you agree that where you cancel a booking within 24 hours of the time the Request is made you shall not be entitled to any refund of any monies paid to secure the booking including the return of any booking deposit.
(c) Plus One Concierge reserves the right to deny restaurant or course requests from Clients if Clients repeatedly fail to honour their bookings or continuously violate cancellation policies.
(d) Admission of Clients to any Place is at all times at the sole discretion of the Supplier and Plus One Concierge shall have no liability where a Client is refused admission to a Place.
(a) Plus One Concierge may be able to obtain "best tickets" for you in relation to sold out events through one of its ticket agent partners. Please note that by instructing Plus One Concierge to obtain such tickets on your behalf you are agreeing to purchase tickets above face value and the total cost may include a service charge to Plus One Concierge in respect of our provision of services to obtain the seats for you. Plus One Concierge is not the seller of the tickets and is not responsible for fulfilment of your order.
(b) All such tickets and ticket agent partners (who shall be the seller in respect of the transaction) shall have their own terms and conditions (which we suggest you should read). Such terms and conditions are likely to include terms which state that sales of tickets are final and no refunds shall be issued after the purchase has been made. Plus One Concierge shall not be able to provide you with any refund or obtain any such refund on your behalf.
(c) In the event of a show or course being cancelled directly by the artist/promoter, it may be possible to obtain a refund of the face value of the relevant tickets.
(d) Plus One Concierge or its ticket agent partner may dispatch your tickets through delivery agents at standard rates. Please note that Plus One Concierge shall not be liable for any failure by delivery agents to deliver your tickets.
4.10 Companion Service:
(a) Plus One Concierge will be able to engage a Companion on your behalf, who may accompany you from your house to the activity Place and back. Please note that by instructing Plus One Concierge to engage such Companion on your behalf you are agreeing to pay the hourly rate for this service in accordance with 4.10b.
(b) Costs: Clients who have purchased the Essential or Plus Membership, are charged from £25 per hour or part of, with a minimum of 2 hours per activity, per Companion. Clients who are not members at the time of booking, Companion services are charged from £45 per hour or part of, per Companion. Rates are subject to annual increases and special offer discounts.
(c) The amount of Companion time required are estimated based on the average activity and travel time to the Place. Estimates are of indication only and are not guaranteed, the actual time will depend on many factors and will be logged by the Companion on the day of the activity.
(d) All Companion service requests must be placed at least 5 working days prior to the activity date, and any service requests with less than 3 working days’ notice, may incur additional charges.
(e) Plus One Concierge shall endeavour to arrange an immediate replacement should a Companion not be able to attend a scheduled activity, and will inform the Client prior to the Request, whenever possible.
(f) The Companions are not allowed to provide care or handle medicine on behalf of the Client. Plus One Concierge advises the Client to not ask the Companion for any care assistance. The Company shall not be liable under any circumstances for any damages to Client’s health during the Service, before or after.
(g) Refund: No refunds will be awarded on Companion services which have commenced, or are completed. Please follow the complaint procedure if you are not fully satisfied with the service provided.
(h) Cancellation: The Client agrees to pay the full price of the Companion service if the Client cancels or changes the booking less than 3 working days prior, or if the Client fails to meet the Companion at the arranged Place. Please note that Plus One Concierge shall not be liable for any failure by the Companion to deliver the agreed Service.
(i) Employment: The Client irrevocably agrees to be liable for a penalty fee of £800.00 per person, should s/he directly employ whether temporary or permanent (legally or otherwise) any Supplier and/or Companion without the prior permission of Plus One Concierge. Any request, or additional Services, or requested Services, whether on “company time” or not, to intercept business from Plus One Concierge will be a severe breach of this agreement. The Client agrees to pay this fee whether s/he notifies the Company of his action or the Company discovers this employment independently at any time after it occurs. The Client further agrees to reimburse Plus One Concierge for any and all collection or legal fees the Company incurs in collecting this fee.
(j) Abuse / discrimination: Plus One Concierge operates a zero tolerance policy towards verbal, physical and sexual abuse of Companions, and /or staff. This includes intimidation, bullying, harassment, sexual advances and discrimination in any form. The company will prosecute or seek the maximum penalty under the law in the event of such abuse. Additionally, the Company may make a report to the police, and seek compensation where it sees fit.
Plus One Concierge may be able to arrange transportation either via a taxi firm or by a Companion for you to get to and from the activity. Please note that by instructing Plus One Concierge to arrange transportation on your behalf you are agreeing to pay the total cost, including mileage payments. Plus One Concierge is not the provider of the transport service and is therefore not liable for any delays or cancellations of transport services. Plus One Concierge shall not be able to provide you with any refund or obtain any such refund on your behalf.
5. PLACING A REQUEST
Clients may place Requests by telephone (which does not include text messages), e-mail or through the Clients' section of the Website.
Clients should always contact their primary office in the first instance to manage all Requests (including international Requests).
Plus One Concierge, acting reasonably, reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion.
If Plus One Concierge is unable or not obliged to deal with any Request, it will inform the Client as soon as reasonably practicable.
You undertake that all details you provide to us for the purpose of booking, ordering or purchasing products and/or services are correct, that the Payment Card you use from time to time is your own and that you have sufficient funds to cover the cost of the product and/or service.
From time to time the procurement or provision of certain services, products or benefits may incur a Plus One Concierge services fee or handling charge and in such event you hereby authorise Plus One Concierge to debit your Payment Card with any such handling charges or, alternatively, to invoice you in respect of such fees or charges.
6. CANCELLATIONS, REFUNDS AND RETURNS
The Client acknowledges that the sales contract for the supply of goods and/or services made as a result of a Request is between the Client and the relevant Supplier and that Plus One Concierge is not a party to such contract. Subject to clause 4.10(h), cancellations of contracts with Suppliers should be addressed with the Supplier directly and will be subject to the relevant Supplier's policies.
If a Request for a specific product or service is not available, Plus One Concierge may offer you substitute products or services of a similar description and standard. You may at your sole discretion refuse acceptance of such substitute products and/or services and request a full refund in the event that payment has already been made to the Supplier for the unavailable product or service.
All descriptions of any products, services or Benefits on the Website have been approved by the relevant Supplier. Plus One Concierge shall not be liable for inaccurate or misleading descriptions.
Payment for all products and services shall be due immediately upon acceptance of the order by the relevant Supplier.
The Client further acknowledges that for goods purchased on his or her behalf by Plus One Concierge directly from a Supplier, returns and exchanges will be subject to the terms and conditions of that Supplier and returns or exchange of goods purchased may not always be permitted. In circumstances where Plus One Concierge is asked to source a specific item for a Client, Plus One Concierge shall inform the Client of the refund and exchange policy of that Supplier in advance. Plus One Concierge shall not be liable to the Client where a Supplier does not accept the return or exchange of an item.
It shall be the Client's sole responsibility to retain all proof of return of goods to a Supplier, we recommend returning the goods by registered delivery, or by any other similar means of ascertaining the date of the return dispatch and tracking the return.
We will inform you when we become aware that a refund of an order has been processed by a Supplier.
Where orders are delivered outside the UK, any applicable customs duties and sales taxes shall not be refundable through Plus One Concierge. It shall be the Client's sole responsibility to recover such monies. Plus One Concierge shall have no liability for any items held by any customs or border agency.
In the case of premium courier services, if the Client is not at the specified Delivery address to receive their Order at the scheduled time, the Client may incur further charges for subsequent attempts to re-deliver the goods.
Suppliers are responsible for providing you with the services, products and Benefits you Request us to order on your behalf from time to time. Plus One Concierge shall communicate with Suppliers and/or Companions on your behalf unless it is more appropriate for you to contact the Supplier directly.
Suppliers may impose their own terms and conditions which, in every case apply to the supply of goods and/or services by that Supplier to you, and such terms and conditions shall be binding upon you at the time of order.
When ordering a product or service or accessing a Benefit, you may be required to provide your Payment Card details. If you request and authorise Plus One Concierge to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that Plus One Concierge shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided that Plus One Concierge acts in accordance with the instructions issued by you in relation thereof.
You acknowledge that the Benefits are subject to availability and may change from time to time without notice.
If Plus One Concierge's performance of any of its obligations under these Conditions is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (Client Default):
(a) Plus One Concierge shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays Plus One Concierge's performance of any of its obligations;
(b) Plus One Concierge shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from Plus One Concierge's failure or delay to perform any of its obligations as set out in this clause 7.5; and
(c) the Client shall reimburse Plus One Concierge on written demand for any costs or losses sustained or incurred by Plus One Concierge arising directly or indirectly from the Client Default.
8. LIMITATION OF LIABILITY
8.1 Nothing in these Conditions shall limit or exclude Plus One Concierge's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
8.2 Subject to clause 8.1:
(a) Plus One Concierge shall not be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with their Membership; and
(b) Plus One Concierge's total liability to the Client in respect of all other losses arising under or in connection with their Membership, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the Client's annual Membership Fee.
Your contract for the supply of products or services is made with the relevant Supplier only. Plus One Concierge acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.
You acknowledge that any contract entered into by you with any Supplier is an independent contract. Plus One Concierge hereby disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged through the Plus One Concierge.
Plus One Concierge shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from Requests or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any Client Default.
Plus One Concierge shall not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of Plus One Concierge's obligations in relation to the Services, if the delay or failure was due to any cause beyond Plus One Concierge's reasonable control.
Except as expressly set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.
8.8 This clause 8 shall survive termination of these Conditions.
9. COMMENCEMENT AND TERMINATION
These Conditions shall take effect and be binding upon the Client and Plus One Concierge (UK) Limited upon acceptance by Plus One Concierge of your application. These Conditions shall be applicable for the duration of your Membership or Services requests. You agree that your only rights and remedies under these Conditions shall be against Plus One Concierge (UK) Limited and no other entity.
10.1 Privacy and Data Protection
10.2 Assignment and subcontracting:
(a) Plus One Concierge may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party or agent.
(b) The Client shall not, without the prior written consent of Plus One Concierge, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Conditions.
(c) Plus One Concierge reserves the right to re-evaluate and/or amend initial quotations and rates, should the Client’s requirements change
(a) A waiver of any right under these Conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under these Conditions are cumulative and do not exclude rights provided by law.
(a) If a court or any other competent authority finds that any provision of these Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforce-ability of the other provisions of these Conditions shall not be affected.
(b) If any invalid, unenforceable or illegal provision of these Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
Plus One Concierge may vary these Conditions from time to time and will notify you of any changes in a timely manner. Notification will be by some or all of the following: Plus One Concierge Newsletter, the Website, by Email or by phone. Your continued use of your Services and/or Membership constitutes acceptance of such variations to these Conditions.
10.6 No partnership:
Nothing in these Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
10.7 Third parties:
A person who is not a party to these Conditions shall not have any rights under or in connection with it.
10.8 Governing law and jurisdiction:
These Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.