Terms & Conditions

This document summarises and contains the full terms and conditions of how we will provide our services.

Combined Terms and Conditions

Contents Page – This agreement includes:
1. Definitions
2. Our agreement with you
3. Providing the Services
4. The Companion and Companion driver
5. Price
6. Payment
7. Our liability to you
8. Your rights to cancel
9. Our right to suspend the Services or cancel the Agreement
10. Events outside our control
11. Information about us, feedback and how to contact us
12. Confidentiality and your personal data
13. Changes to these terms
14. Other important terms

The Agreement is made up of these Terms (the Terms and Conditions on which we supply the Services to you) and quotation for Services (which describes the Services we have agreed to deliver). Please ensure that you read these Terms carefully as they contain important information about our Services.

1 DEFINITIONS

1.1 When the following words with capital letters are used in these Terms, this is what they mean:
Bank Holiday: means a public bank holiday in either England, Northern Ireland, Scotland or Wales;
Companion and Driving Agreement: the agreement between us and you for the provision of the Services which includes these Terms, quotation for services as provided by Driving Miss Daisy and any variations from time to time;
Account Holder: means a person or entity other than the Client (for example a council, organisation, friend or relative) who accepts personal liability for paying the fees;
Companion(s): any of our employees who provide the in home Services to the Client;
Companion Driver(s): any of our employees who provide the in home and or driving Services to the Client;
Companion Only: means companionship services provided by a Companion with the Client in their own home;
Client: the individual receiving the Services (rather than any applicable Attorney, Deputy or Account Holder);
GDPR: means the General Data Protection Regulations (EU 2016/679);
Home: means the location where the Client normally resides.
Services: means the Companion Driving Services we have agreed to provide to you, as set out in the estimate or quotation;
Terms: the Terms and Conditions of business set out in this document, which form part of the Companion Agreement; and
Us, we and our: means Driving Miss Daisy UK limited or any licensed Driving Miss Daisy Franchise.
You, your: means the Client unless the Terms refer to a duty to pay our Fees and the Account Holder has accepted liability to pay our fees for the Services, in which case references to ‘you’ or ‘your’ will refer to the Account Holder as the context requires (see clause 1.3 below).

1.2 When we use the words “writing” or “written” in these Terms, this will include e-mail and other forms of electronic messaging unless we say otherwise.

1.3 Where you are not the Client (or their Attorney) it is important to understand that, in consideration for us providing the Services to the Client, you acknowledge and agree to pay our fees in accordance with the payment Terms in these Terms and Conditions. You agree that your obligation to pay our fees is a primary obligation (not a guarantee if the person receiving the Services does not agree to pay the fees) and therefore you will be obliged to pay the fees without us first having to recover the fees from the Client.

1.4 We shall not be entitled to recover the same fees twice and therefore we shall not be entitled to recover any fees:
1.4.1 from you under this contract, which have already been paid by the Client; or
1.4.2 from the Client which have already been paid by you.

2 OUR AGREEMENT WITH YOU

2.1 These Terms will become binding on you and us, and the Companion Only and Companion Driving Services Agreement will come into existence when you explicitly request that we begin to supply the Services to you.

2.2 The advertising and marketing materials in our catalogues or brochures or on our website are produced for the sole purpose of giving an approximate idea of the general services we can make available, listed by category type. These are provided for illustrative purposes only and do not form part of the Companion Only or Companion Driving Services Agreement we have with you.

2.3 The description of your Services will be agreed verbally, quoted or estimated electronically and constitutes your quotation or estimation. Please check that the details in the quotation or estimation are complete and accurate. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes to your quotation or estimation verbally or by email or text message.

2.4 If we reasonably believe that your needs or requirements have increased or reduced, we will discuss with you whether the quotation needs to be changed and how this may impact your fees.

3 PROVIDING THE SERVICES

3.1 We will provide the Services to you with reasonable care and skill and in accordance with the dates and times set out in the quotation.

3.2 Due to the nature of the Services, you may need to provide us and the Companion or Companion Driver with access to your home to provide the Services. If you do not allow us access to your home or other property to perform the Services as arranged (and you do not have a good reason for this), we may charge you the cost of those arranged Services. If, despite our reasonable efforts, we are unable to contact you or rearrange access to your home, we may suspend the Services or cancel the Agreement in accordance with Clause 10. There must be the ability to exit the home using a wheelchair when the client must use a wheelchair for mobility. For Clients using a wheelchair there must be level or ramped access or provision made for ease of access and exit. Companions or Companion Drivers will not lift a wheelchair nor attempt and manoeuvre that they believe will compromise the safety of the Client or Companion/Companion Driver.

4 THE COMPANION AND COMPANION DRIVER

4.1 We will ensure we have appropriately vetted and trained your Companion or Companion Driver before the Services begin.

4.2 You must treat the Companion or Companion Driver with respect and dignity. Any failure to do so will be a significant breach by you of the Agreement and allow us to terminate in accordance with Clause 10.

4.3 The Companion or Companion Driver is not permitted to: use your car, smoke, take prohibited drugs or drink alcohol while in your home; accept any gift; or lend money to you, or to borrow money from you.

5 PRICE

Terms applicable to the Service
5.1 We will review our fee rates from time to time and at least once a year in January. We may also review our fees in response to any unexpected change in the law or operating costs beyond our control which was not anticipated at the time of our annual review.

5.2 Any changes to rates will be communicated in future quotations or estimates.

5.3 If not included in the quotation, You are responsible for paying the Companion’s costs of accompanying you on any excursions (such as public transport, taxis, cinema, theatre or meals out) and if the Companion incurs any third party expenses directly related to delivering your Service (e.g. having to pay a car parking charge). These will be detailed in the invoice for the Service.

5.4 Where the Companion or Companion Driver delivers the Services for longer than originally planned (at your request or in the event of an event of circumstances beyond our control or an emergency), we will charge the additional time at the quoted rate at 15 minutes increments.

6 PAYMENT

6.1 You can choose to pay by other payment methods cash, cheque, bank transfer, pre payment or direct debit, debit or credit card.

6.2 If you do not pay our invoice within 14 days of the payment due date, we may:
6.2.1 notify you of the sums outstanding and confirm that payment is due within seven days of our notice. This notice incurs an administration fee of £25;
6.2.2 charge interest on the overdue amount at the rate of 4% a year above the Bank of England’s base rate from time to time but at 4% a year for any period when that base rate is below 0% (unless there is an error in our invoice);
6.2.3 suspend the Services until outstanding sum is paid;
6.2.4 engage the services of a debt factoring company to collect the fees on our behalf; and
6.2.5 take legal action to recover the fees.

7 OUR LIABILITY TO YOU

7.1 We accept no liability for any losses, costs, damages, claims or expenses in relation to your personal property, including your home or vehicle.

7.2 We do not exclude, or limit in any way, our liability for: (a) death
or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be limited or excluded by law.

8 YOUR RIGHTS TO CANCEL

Cancellation policy

8.1 There may be occasions when circumstances prevent the Client from using the agreed Service. If circumstance dictate that the agreed Service will not be used then it is the responsibility of the Client or Account Holder to inform Us as immediately so that the Companion or Companion Driver can be reassigned.

8.2 In the case of a cancellation of Service the following charges apply;
8.2.1 Cancellation less than 24 hours of the agreed Service start time, 100% of the Price may be charged.
8.2.2 Cancellation between 48 hours and 24 hours of the agreed Service start time, 50% of the Price may be charged.
8.2.3 Cancellation is made more than 48 hours before the agreed Service start time, no cost will be charged.
8.2.4 Driving Miss Daisy has final discretion on Cancellation Policy charges.

9 OUR RIGHT TO SUSPEND THE SERVICES OR CANCEL THE SERVICE AGREEMENT

9.1 We may suspend the Services if you fail to pay our invoice in full within 14 days of the due date.

9.2 We may cancel the Services Agreement at any time with immediate effect by giving you written notice if:

9.2.1 non payment of invoices;
9.2.2 we reasonably believe there a significant risk of
9.2.2.1 harm to the Companion or Companion Driver;
9.2.2.2 refusing us and/or the Carer access to your property to deliver the Services or failing to provide safe access or exit from the home;
9.2.2.3 physically or verbally abusing the Companion or Companion Driver;
9.2.2.4 sexual or racial harassment, extreme alcohol consumption, unreasonable behaviour or requests that the Companion or Companion Driver undertake unreasonable or illegal activities.

9.2.3 you have failed to settle any outstanding invoice within seven days of our written reminder, as set out in Clause 6.4.1;

10 EVENTS OUTSIDE OUR CONTROL

10.1 This section applies to any act or event beyond our reasonable control. If an event outside our control affects our provision of the Services:
10.1.1 we will contact you as soon as reasonably possible to notify you; and
10.1.2 our provision of the Services will be suspended for the duration of the event outside our control. We will restart the Services as soon as reasonably possible after the event outside our control is over.

10.2 We will not be liable or responsible for any failure to perform, or delay
in performance of, any of our obligations under the Agreement that is caused by an event outside our control. We will ensure that the Services are provided as close as reasonably possible to the times agreed between us from time to time. Whilst our Companions or Companion Drivers will use all reasonable efforts to deliver the Services in accordance with the details in quotation, we will give you as much notice as possible if we need to change the time or duration of the Service for
any reason.

10.3 You must not rely on your Companion or Companion Driver or other members of our staff to perform medical services, even in an emergency. Your Companion or Companion Driver and other members of our staff are able to perform Cardiopulmonary Resuscitation (CPR) only under the direct guidance of the emergency services and provided that the member of staff feels comfortable and confident to do so.

11 INFORMATION ABOUT US, FEEDBACK AND HOW TO CONTACT US

11.1 We are a company registered in England and Wales. Our company registration number is 09068518 and our registered office is at Office 60 One Portway, Port Solent, Portsmouth PO6 4TY

11.2 If you have any questions at any time, you should address these to Client Services Centre in the first instance on 0333 014 6211, which is answered in office hours, or by e-mail to csc@drivingmissdaisy.co.uk.

11.3 If you wish to contact us in writing, you can send this to us by e-mail, fax, by hand, or post using the details set out above. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or post to the address you provide to us in the Agreement.

11.4 In the unlikely event that there is any problem with the Services or with your Companion or Companion Driver, please contact us and tell us as soon as is reasonably possible so that we may have a reasonable opportunity to remedy any potential problems.

11.5 As a consumer, you have legal rights if the Services are not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens Advice Bureau, Trading Standards Office or the Local Government and Social Care Ombudsman. Nothing in these Terms will reduce your legal rights as a consumer.

12 CONFIDENTIALITY AND YOUR PERSONAL DATA

12.1 We will need certain information from you to provide the
Services. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may not be able to provide the Services to you. In such circumstances, we may suspend the Services or terminate the Services Agreement in accordance with Clause 9.

12.2 We will hold information about your contact details, health, Home circumstances and physical or mental wellbeing in accordance with the Data Protection Act 2018 and the Government Data Protection Regulations (GDPR). We will never sell your personal data.

12.3 We will respect your privacy and confidentiality and will only use your personal information as set out in our Privacy Policy. Our Privacy Policy explains what data we collect, how and why we use that data, as well as letting you know whether we will need to share your data with other parties (for example doctors or social workers).  We are happy to provide a copy upon request.

12.4 You agree that we may disclose personal data (including sensitive personal data) about the Companion or Companion Driver to you and that such information is strictly confidential. You also agree that you will not share, either directly or indirectly, such information to any other person, company or firm for any reason unless such disclosure is required by law.

13 CHANGES TO THESE TERMS

13.1 We retain the right to vary these terms without notice.

14 OTHER IMPORTANT TERMS

14.1 You must ensure that your home is a safe environment and free from any hazards or illness which may put the Companion or Companion Driver at risk.

14.2 We cannot give you advice on personal finances and you are responsible for arranging any financial support from the Local Authority. For information on assistance with paying for the Services, please contact your Local Authority, the Citizens Advice Bureau or an independent financial advisor.

14.3 We may transfer our rights and obligations under the Agreement to another organisation, and we will always notify you in writing if this happens. You may not transfer your rights or obligations under the Agreement without our prior written consent.

14.4 Each of the paragraphs of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Terms and Conditions