CUSTOMER TERMS AND CONDITIONS – SHOPPING EXPRESS, CHAUFFEUR SERVICE, SHOPPING PACKAGES AND GIFT CARDS

1. Definitions

“The Bicester Collection” means the collection of luxury shopping destinations owned or operated by Value Retail – find out more at TheBicesterCollection.com/en/home/ – and “Village” means any one of those destinations.

“Booking Service” means the reservation and payment functions for the Service.

“Conditions” means these terms and conditions.

“Customer” or “Passenger” means the traveller, person or entity to whom the Service is delivered.

“Gift Cards” are pre-paid electronic plastic-based gift cards, where Gift Cards issued will be sold through Transive to purchasers for use by cardholders to purchase goods and services in VR shopping Villages. For the avoidance of doubt, Gift Cards fall under the Limited Network Exemption for the purpose of the second electronic money directive in all the jurisdictions at which the VR shopping Villages are located.

“Packages” are product bundles which include transportation services and other service-related features and promotional components supplied by the Service Providers.

“Service” means the transportation service or product bundle provided by the Service Provider.

“Service Provider” means a Service Provider authorised by Value Retail to provide goods or services to visitors and potential visitors to a Village whose goods or services are available via this Booking Service.

“Shopping Express” and “Chauffeur Service” are transportation services operated by the Service Providers.

“Transive” means Transive Limited, and its parent, affiliate, associate, and subsidiary companies, or any other trading name as may apply.

“Value Retail” or “VR” means (i) Value Retail PLC, (ii) Value Retail PLC’s parent and subsidiary companies, affiliates, associates and (iii) companies that own or operate Villages.

2. Terms of use

2.1 Use of this Booking Service is conditional on your acceptance of these Conditions in full, except for any consents stated to be optional. By using the Booking Service on this website, or any third party website through which Transive supplies the Booking Services, you agree to be legally bound by these Conditions, which shall take effect immediately. If you do not agree to be legally bound by all the following Conditions, please do not access and/or use the Transive Booking Service.

2.2 When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party and the recipient of a Gift Card (if relevant) the terms of these booking conditions including those relating to the processing of personal data. A contract will exist as soon as we issue our confirmation email.

3. Your undertakings and obligations when taking a Transive service

3.1 It is your responsibility, for Services beginning at designated pick-up points, to ensure that you locate and wait for your Service Provider at the specified pick-up point for the Service. It is your responsibility, should you not be able to locate your location at the start of a Service, to call the relevant Service Provider telephone number as shown on your confirmation email or SMS. You acknowledge that failure to do so may be treated as a “no show” and no refund will be made.

3.2 It is your responsibility to advise the Service Provider of any circumstance that will alter the Booked Service starting time and meeting place. It is your responsibility to choose and book a pick-up location and time that allows you sufficient time to arrive at the pick-up location in time for the Service.

4. Product & Service modifications

Transive acts as an agent for you to procure the Services from the Service Providers and/or Value Retail. Transive does not provide the Services, other than the Booking Portal.

5. Booking Goods and Services Online

5.1. Gift Cards

5.1.1 Gift Cards are sold to you by Transive as agent for the Village that the card relates to. This programme is operated by EML Payments Europe Limited (“EML”), a Service Provider.

5.1.2 The Gift Cards are offered on the following EML terms and conditions for your Gift Card which are a condition of purchase:

You can check your balance here:

If you have any questions regarding your Gift Card, please contact the relevant email address:

5.1.3 In addition to the anti-fraud checks by Transive (see clause 11) EML and/or Value Retail may (a) require you or the person collecting the card to provide proof of identity or other personal data and (b) keep records of the purchasers and collectors of cards, in order to (i) enable Value Retail to contact the card recipient to notify them that the card is available, (ii) enable Value Retail to identify who to give the card to on collection, (iii) conduct anti-money laundering and anti-fraud checks and (iv) where necessary, as part of the balance checking or any refunds or lost card replacement processes. All these activities are necessary for Transive, Value Retail and EML to (A) fulfil the contract (B) prevent and detect fraud and (C) comply with legal requirements and are not optional if you/the card recipient wish to receive the services. In addition Value Retail may offer you or the card recipient the option to join Value Retail benefit programmes: this is optional.

5.2 Other Services

The following services are available to be booked online, and are sold to you by Transive as agent (via the Value Retail entity for the relevant Village) of the Service Provider. Your contract is with these Service Providers directly and subject to their terms and conditions as listed below.

6. Pricing and Inclusions/Exclusions

6.1 Price quotations and price tables may change without notice up until seven (7) days before the booked service time. If a material amendment to an order or booked service is requested by the traveller or booker and is accepted by Transive then the amended price will use the tariffs subsisting at the time of change and additional charges may be payable.

6.2 The price quoted at the time of ordering will include all knowable charges for the Service that has been ordered. Prices do not include discretionary tips/gratuities to representatives and employees of the Service Provider, baggage or personal insurance.

6.3 For Chauffeur Service, prices do not include additional waiting time, whether requested by you on the day of travel or as a result of your late arrival at the agreed pick-up point for departure and return journeys.

6.4 If you make a purchase using a VR promotion code, or if you accept a discount or special-offer price during the ordering process, you may invalidate that discount or special-offer price by making any changes or amendments to your itinerary or package once your purchase is complete.

6.5 Transive may honour your discount or special-offer pricing if you make a post-purchase change or amendment.

6.6. Transive reserves the right to invalidate your discount or special-offer pricing if you make any change to the service you have ordered.

7. Payment

7.1 No contract between you and Transive will come into existence until the order becomes a Booked Service.

7.2 A service is Booked (a “Booked Service”) once (a) Transive has issued a booking reference number; and (b) Transive has issued an order confirmation; and (c) Transive has received payment in full.

7.3 In the same way that you may cancel and receive a full refund up to 24 hours before the booked service time, Transive may amend the price quoted or billed if the subsisting selling price changes, due to underlying cost changes, system error or human error. In the event that the revised price quote is not acceptable to you a full refund will immediately be made. Transive will not otherwise change the price of a Booked Service, as defined above.

7.4 Payment by credit or debit card is required to make a reservation.

7.5 Payment will be listed as “The BVSC” on the credit card statement. There is no charge or service fee for processing credit card payments.

7.6 The amount charged by Transive will be the amount due in the currency used by the Service Provider, which is in either Great British Pounds Sterling or Euros. Transive cannot know or influence the exchange rate and policies that are applied by your bank or card merchant in determining the final charge made.

7.7 Transive may take whatever steps it reasonably believes to be necessary (i) to protect your card details (which will be in Transive’s possession) from misuse; and/or (ii) to protect itself from any delay in receiving payment for a completed Service. Such steps may include verifying the card details and the card’s available credit limit.

7.8 A chargeback is when you dispute a charge made on your card. If you make an unjustified charge back, Transive will charge a £50 penalty fee and will report all unjustified chargebacks to ChargeBackProtection.org, which may have the effect of banning you from placing orders with any business that uses ChargeBackProtection.org. Examples of unjustified chargebacks are (i) if you issue a frivolous, false or unjustified complaint, (ii) if you start an unwarranted dispute with your card company, (iii) if you refuse to pay for a properly delivered Service and any charges thereto, (iv) if you refuse to pay properly due amendment, cancellation or no-show charges.

7.9 Refunds will be made provided that you have paid in full and that the booking is eligible for refund. For a booking originally paid for by credit/charge card, any refund will automatically process to the original credit/charge card account that paid for the booking and no other methods of refund payment will be possible.

8. Cancellation, amendments and variations

If the Booked Service is amended or cancelled then Transive may require payment of additional fees. Any charge incurred due to a change will be billed and collected by Transive from the nominated credit/charge card. If less than a certain number of hours before the booked service time a booking cannot be cancelled, or materially amended, the relevant number of hours is stated in the Booking Confirmation Email.

9. Complaints and disputes

Any complaint or dispute regarding the supply of a Service should be notified to Transive in writing by email via the Contact page within the booking section of the website within one month of the date of the Service start time. It may not be possible to investigate any complaint received more than one month after the date of the supply of the service.

10. Your declaration

10.1 You acknowledge that you have, or when booking shall be deemed to have, read, understood and accepted these Conditions.

10.2 You acknowledge that you have not entered into this contract relying upon any representation properly made by or on behalf of Transive and have not relied upon any correspondence, statement or sales literature issued by a third party independently or on behalf of Transive.

10.3 You acknowledge that you have freely accepted these Conditions in the knowledge that the liability of Transive is to be limited in accordance with these Conditions and the price charged by Transive has been calculated accordingly, and that a greater price would be payable but for such limitations.

10.4 You acknowledge that these Conditions, subject to and together with any variation agreed in writing between a director of Transive and you, shall constitute the entire contract between Transive and you and shall override or supersede any previous contract or arrangement between Transive and you and in particular shall operate to the exclusion of any terms and conditions at any time imposed by you in writing or verbally, and shall supersede any earlier version of these standard Terms and Conditions.

11. Use of the website

11.1 You agree not to use, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use Transive Booking Service content (inclusive of text, images, URLs, pricing information, etc.) in any way except for your own personal, non-commercial use.

11.2 You agree to use this website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of Transive Booking Services. Your use of this website is intended for personal, non-commercial use and/or to make legitimate requests to book the products or services offered. You agree not to use this site to make any speculative, false or fraudulent requests. You agree not to use robots or other automated means to access this site, unless specifically permitted by Transive.

11.3 We collect information provided at the time of purchase of the Service. We will process and record this information and sometimes use third party decision-making systems to verify this information. In order to process, use, record and release the information we collect, we may transfer this information to partners outside the European Economic Area (EEA). We have taken the appropriate measures with our partners outside the EEA to ensure safeguards exist as it pertains to data protection regulations.

11.4 Service Providers specify which information they require to provide the Services they provide and we pass that information to them. They then control that personal data on their own behalf for the Services that they provide to you, and links to their privacy policies are given above. If VR or the Service Provider is, in addition to necessary information, also seeking optional consents (e.g. consents to marketing communications) we may offer you that choice and relay your answer to the Service Provider or VR. The decision on whether and how to act on that presence or absence of consent is up to the Service Provider or VR.

11.5 We use the information that we collect to process the Booking Service, to help protect against fraud and to otherwise enable Transive, the Service Providers and VR to provide and personalise the Service. This includes use of information to conduct research and analysis on an anonymised basis.

11.6 For more information about VR and its associated companies and how they may use the information you submit when purchasing a Service please see VR’s Privacy Policy https://www.thebicestervillageshoppingcollection.com/en/legal/privacy-notice/. We will keep the information that we collect about you for only as long as we need to or are otherwise authorised by law. By booking the Service, you agree that we may use and disclose information that we collect about you in the manner and for the purposes described. If you would like a copy of any personal information that we hold about you, please write to us at Transive, 179 Great Portland Street, London, W1W 5PL, United Kingdom. A fee may be payable.

11.7 Websites that have links on this site may collect personally identifiable information about you. The data protection practices of those websites linked to Transive are not covered by this policy statement. You are advised to check the data protection policies of these third party websites yourself before using those sites.

11.8 Transive may also disclose your information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Transive’s rights or property, other Transive users, or anyone else that could be harmed by such activities. Transive may disclose user information when we believe in good faith that the law requires it.

11.9 No data transmissions over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Transive cannot ensure or warrant the security of any information you transmit to us via the internet, and you do so at your own risk. Once we have received your transmission, we will use our best efforts to ensure its security on our systems.

12. Disclaimers and Limitations of Liability

12.1 Transive accepts no responsibility for the cost, loss or damage to any luggage or property transported during the Service; howsoever such a loss or damage may be caused.

12.2 The full liability of Transive to you under all and any circumstances including non-performance shall be limited to a sum equal to two times the charges paid by you to Transive for the Service affected.

12.3 Under no circumstances will Transive be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of this website or Transive Products or Services regardless of the form of action.

12.4 If Transive should be found liable for any loss, injury or damage which arises out of or is in any way connected with any of the herein described functions, Transive’s liability shall in no event exceed the maximum insurance cover held by Transive, whichever is the lesser, and details of which are available on request with seven (7) days notice.

12.5 Transive will not be liable for any Service Provider’s failure to perform its obligations and/or any cost, loss or damage which results directly or indirectly from any cause or circumstance which is beyond our reasonable control. Without limiting the generality of the foregoing, the following shall be regarded as such “Force Majeure” circumstances: explosion, fog, flood, extreme weather, typhoons, cyclones, hurricanes, fire, epidemic, major road closures and adverse traffic conditions, state/diplomatic visits; war, hostilities, embargo, blockade, invasion, riot, revolution, civil disturbance, or acts of terrorism, strikes, lockouts or boycotts, labour dispute (but not of Service Provider’s own workforce) which involves stoppage of work; acts or restrictions or regulations or by-laws, revocation of or refusal to grant a licence or permit, seizure under legal process, prohibitions, or measures of any kind on the part of any governmental or regulatory authority (including a bona fide airport authority), or temporary suspension of access to any part of an airport where access is required to provide the Service, or failure of a utility service (including but not limited to electricity, gas, water, internet, or telecommunications).

12.6 Transive shall not be liable unless a claim is made upon Transive in writing identifying the nature of the claim and the amount claimed within seven (7) days after completion of the Service.

12.7 Product information is collected from Service Providers worldwide. Transive cannot check the accuracy of all information provided by Service Providers. Reasonable care has been taken that the content of this website is correct and up to date but it is subject to amendment at any time without notice, and is provided “as is” and on an “as available” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

12.8 Transive does not warrant that the functionality, content or information contained on this website or any Transive affiliated website will be uninterrupted or error free, that defects will be corrected, or that this website or the servers that makes the Service available are free of viruses or bugs.

13. General

13.1 Transive will only arrange the Services for Customers subject to these Conditions. Service Providers reserve the right at their absolute discretion to refuse to provide the Service to any Customer at any time.

13.2 Any authorised waiver by Transive of any breach by you of these Conditions is limited to that particular breach. A delay by Transive in acting upon a breach shall not be deemed a waiver. These Conditions may be varied by Transive from time to time without notice. Transive may change these Conditions at any time by posting notice of the changes online.

13.3 A person who is not a party to any contract governed in whole or in part by these Conditions (save for any officer, employee, agent, representative or sub-contractor of Transive has no right to enforce or have the benefits of any term or conditions).

13.4 The terms contained in each clause or sub-clause of these Conditions are separate and distinct. Each may be enforced separately. The parties agree that if any clause or sub-clause shall be adjudged void or ineffective for whatever reason, but would be adjudged valid and effective if part of the wording thereof was deleted, the clause or sub-clause shall apply with such modification as may be necessary to make it valid and effective and shall not invalidate any other Conditions.

13.5 Transive reserves the right to record any telephone conversation with you and to make use of any such recording in any proceedings.

13.6 These Conditions shall be subject to the Laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the England and Wales, unless you are a consumer resident in Scotland, Wales or Northern Ireland in which case you may elect, on the commencement of any proceedings to choose the law and jurisdiction of that territory.

13.7 Except as otherwise provided in these booking terms and Conditions, your statutory rights are not affected.