Terms And Conditions
These terms apply to each Driver Applicant submitting an Application to LLA
from time to time, and to each Operator granted a Hackney Carriage Access
Licence by LLA from time to time.
1.INTERPRETATION
The following definitions and rules of interpretation in this clause apply in these terms:
Definitions
1.1. In these terms the following expressions have the following meanings:
Access End Date the date of the last day of the Access Period;
Access Licence Charge the applicable access licence charge determined in accordance with terms set out in the Application;
Access Period the access period specified in the Application;
Access Start Date the date of the first day of the Access Period;
Airport London Luton Airport (including all grounds, facilities, access routes and amenities) and all land or premises
within the vicinity that are owned or leased by LLA or LLA’s Group and where the context allows, any location at which the On-Site Services are to be undertaken;
Airport Boundary the outer boundary of the Airport as designated by
LLA from time to time;
Airport Identity Pass a current valid identity pass issued by LLA to the Operator which permits the Operator to access the Hackney Carriage Taxi Rank, Cartridge and Drop-off Zone until the date on which the identity pass expires;
Airport Roads the access roads within the Airport Boundary which provide access to the Hackney Carriage Taxi Rank, Cartridge and Drop-off Zone, and which are designated by LLA for use by members of the public from time to time;
APCOA APCOA Parking (UK) Limited (company number 02572947) whose registered office is Wellington House, 4-10 Cowley Road, Uxbridge, Middlesex, UB8 2XW;
Applicable Laws all applicable laws, statutes, regulations, rules, guidelines and codes from time to time in force (including those issued by the Civil Aviation Authority, UK Border Force, the Health and Safety Executive, the Department for Transport, and of any other relevant regulatory authority);
Application the application form to which these terms are attached;
Business Day a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
Car Parks Terms of Use all terms and conditions displayed in and around the Airport in respect of the use of the car parks and/or roads at the Airport;
Cartridge such part of the Airport as is designated by LLA from time to time for the purpose of the Operator parking the Registered Hackney Carriage whilst awaiting sufficient space to become available in the Hackney Carriage Taxi Rank to offer Pick-up Services;
CCU LLA’s “Charges and Conditions of Use” set out in the document of that name (available at www.london[1]luton.com), as updated by LLA from time to time;
Data Protection Requirements the prevailing Applicable Laws relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner or any other national data protection authority, and the equivalent of any of the foregoing in any relevant jurisdiction;
Data Subject an individual who is the subject of Personal Data;
Decrement Card a pre-paid top up card issued by LLA from time to time which can be used to pay Usage Charges;
Driver Applicantthe person whose details are set out on the Application;
Driver Standards the driver standards set out in the Application;
Drop-off Charge the charge payable by the Operator to LLA each time the Drop-off Service is provided by the Operator, which at the date of this Application shall be at the rate set out in the Application (provided that LLA shall be at liberty to vary the Pick-up Charge at its discretion from time to time);
Drop-off Service the Operator’s drop-off of one or more Passengers (to whom Taxi Services are being provided) from the Registered Hackney Carriage at the DOZ in the course of a single journey;
Drop-off Zone the part of the Airport designated by LLA from time to time as the “Drop-off Zone”;
Eligibility Requirements the Eligibility Requirements set out in the Application;
Hackney Carriage Taxi Rank the part of the Airport designated by LLA from time to time as the “Hackney Carriage Taxi Rank”;
Group in relation to a company, that company, any subsidiary or any holding company from time to time of that company, and any subsidiary from time to time of a holding company of that company;
Hackney Carriage Access Licence a licence permitting the Operator to access the Cartridge and Hackney Carriage Taxi Rank in an Registered Hackney Carriage for the purposes of plying for hire at the Airport subject to these terms;
Hackney Carriage Operations Manual the hackney carriage operations manual as issued, and updated, by LLA from time to time;
LLA London Luton Airport Operations Limited
LLA’s Bank Account the bank account for LLA specified in the Application;
LLA Materials all documents, information, equipment, tools and materials provided by LLA to the Operator in connection with these terms, including identification Airport Identity Passes, Decrement Cars, cards, access passes, plans, reports, airport notifications and policies;
Operator the Driver Applicant (provided the Driver Applicant is granted a Hackney Carriage Access Licence in accordance with the provisions of clause 3.1);
On-Site Services means those parts of the Taxi Services which are provided at the Airport by the Operator which shall be limited to:
(a) the Drop-off Service; and
(b) the Pick-up Service;
Operating Permit a permit in such form as is specified by LLA from time to time which evidences the grant of a Hackney Carriage Access Licence to the Operator;
Pick-up Charge the charge payable by the Operator to LLA each time the Pick-up Service is provided by the Operator, which at the date of this Application shall be at the rate set out in the Application (provided that LLA shall be at liberty to vary the Pick-up Charge at its discretion from time to time);
Pick-up Service the Operator’s pick-up of one or more Passengers (to whom Taxi Services are being provided) using the Registered Hackney Carriage at the DOZ in the course
of a single journey;
Passenger a person to whom the Operator provides Taxi Services;
Personal Data has the meaning set out in the Data Protection Requirements and relates only to personal data, or any part of such personal data which is obtained by the relevant party in connection with these terms;
Personnel all directors, officers, employees, agents, consultants and contractors of the relevant party and any sub[1]contractor engaged by the relevant party;
Registered Hackney Carriage the Hackney Carriage the Driver Applicant has set out the details of in the Application (or such other Hackney Carriage as LLA the Driver Applicant may request, and LLA nay approve in writing, from time to time);
Required Supporting Documents the required supporting documents specified in the Application;
Shared Personal Data all Personal Data which is shared between LLA and the Operator in connection with these terms;
Taxi Services the Operator’s transportation of one or more Passengers, to or from the Airport, using the Registered Hackney Carriage; and
Usage Charges together the Pick-up Charge and the Drop-off Charge.
Interpretation
1.2. Clause, Schedule and paragraph headings shall not affect the interpretation of these terms.
1.3. The Schedules form part of these terms and shall have effect as if set out in full in the body of these terms. Any reference to these terms includes the Schedules.
1.4. The terms of the CCU, as updated by LLA from time to time, form part of these terms and shall have effect, and be deemed to be incorporated into these terms, as if they were set out in full. LLA will make a copy of its then current CCU available on its website (www.london-luton.co.uk) and the Driver Applicant is deemed to have knowledge, and agree to, the contents of the CCU at all times.
1.5. The terms of the Application (including the Driver Standards),form part of these terms and shall have effect, and be deemed to be incorporated into these terms, as if they were set out in full.
1.6. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.7. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.8. A reference to a holding company or a subsidiary means a holding company or a subsidiary (as the case may be) as defined in section 1159 of the Companies Act 2006 and a company shall be treated, for the purposes only of the membership requirement contained
in sections 1159(1)(b) and (c), as a member of another company even if its shares in that other company are registered in the name of (a) another person (or its nominee) by way of security or in connection with the taking of security, or (b) its nominee. In the
case of a limited liability partnership which is a subsidiary of a company or another limited liability partnership, section 1159 of the Companies Act 2006 shall be amended so that: (a) references in sections 1159(1)(a) and (c) to voting rights are to the members'
rights to vote on all or substantially all matters which are decided by a vote of the members of the limited liability partnership; and (b) the reference in section 1159(1)(b) to the right to appoint or remove a majority of its board of directors is to the right to appoint or remove members holding a majority of the voting rights.
1.9. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.10. These terms shall be binding on, and enure to the benefit of, the parties to these terms and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party's personal representatives, successors and permitted assigns.
1.11. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.12. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
1.13. A reference to writing or written shall not include fax.
1.14. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
1.15. Any obligation expressed as an obligation of the Personnel of a party includes an obligation on that party to procure the performance of that obligation.
1.16. References to clauses and Schedules are to the clauses and Schedules of these terms and references to paragraphs are to paragraphs of the relevant Schedule.
1.17. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. APPLICATION FOR A HACKNEY CARRIAGE ACCESS LICENCE
2.1. To apply for a Hackney Carriage Access Licence, each Driver Applicant must:
2.1.1. meet the Eligibility Requirements (including the payment of the Access Licence Charge in accordance with the terms of the Application and clause 8); and
2.1.2. complete the Application in full and send a legible scanned copy, together with all Required Supporting Documents, to LLA to the application submission email address specified in the Application.
2.2. On receipt of the Application, LLA may at its discretion whether to grant a Hackney Carriage Access Licence to the Driver Applicant.
3. GRANT OF HACKNEY CARRIAGE ACCESS LICENCE
3.1. If LLA determines that the Driver Applicant is to be granted a Hackney Carriage Operating Licence, LLA will contact the Driver Applicant in writing confirming the grant of a Hackney Carriage Licence (and to issue the Driver Applicant with an Operating Permit) and, for the purposes of the remainder of these terms, the Driver Applicant shall be deemed to be the Operator.
4. ACCESS PERMISSION
4.1. Provided a Hackney Carriage Access Licence has been granted to the Operator in accordance with the provisions clause 3.1, and subject to the remaining provisions of these terms, the Operator is granted permission during the Access Period to:
4.1.1. access the Hackney Carriage Taxi Rank solely to the extent necessary to undertake the Pick-up Services;
4.1.2. access the Cartridge solely to the extent necessary to await sufficient space to become available in the Hackney Carriage Taxi Rank to undertake Pick-up Services;
4.1.3. access the Drop-off Zone solely to the extent necessary to undertake Drop-off Services; and
4.1.4. access the Airport Roads for the purpose of accessing the Hackney Carriage Taxi Rank, Cartridge and Drop-off Zone to the extent necessary to undertake the access purposes set out in clauses 4.1.1 to 4.1.3;(and these terms confers no other rights of access tothe Operator).
4.2. If LLA confirms in writing that the Operator may continue to access some or all of the Hackney Carriage Taxi Rank, Cartridge, Drop-off Zone or Airport Roads in connection with the On-Site Services after the expiry or termination of the Operator’s Hackney Carriage Access Licence (without LLA having issued the Operator a new “Hackney Carriage access licence” on substantive terms), the Operator will be deemed to have been granted permission to enter the Hackney Carriage Taxi Rank, Cartridge, Drop-off Zone and Airport Roads on the same terms as are set out in these terms (with such changes as are necessary to maintain the substantive effect of these terms being deemed to apply), provided that such
permission may be terminated by LLA at any time on one week’s written notice to the Operator.
4.3. The Operator acknowledges that, in entering these terms, no form of exclusivity, occupation, tenancy or similar rights have been granted by LLA to the Operator in respect of the Hackney Carriage Taxi Rank, Cartridge, Drop-off Zone, the Airport Roads or any
other parts of the Airport.
4.4. The Operator acknowledges that:
4.4.1. no relationship of landlord and tenant is created between the Operator and LLA by these terms; and
4.4.2. LLA retains control, possession and management of the Hackney Carriage Taxi Rank, the Cartridge, Drop-off Zone, the Airport Roads and all other parts of the Airport.
4.5. LLA may at any time without notice to the Operator:
4.5.1. close the Hackney Carriage Taxi Rank, Cartridge, Drop[1]off Zone, the Airport Roads or any other parts of the Airport, or impede access to it if required in connection with any works of repair, alteration or refurbishment or extension; and/or
4.5.2. relocate the Hackney Carriage Taxi Rank, Cartridge or Drop-off Zone to alternative locations; (each an “Access Change”).
If LLA implements an Access Change, LLA will have no liability to the Operator whether by way of compensation or otherwise for any disruption to the Operator’s business.
5. APCOA APPOINTMENT
5.1. The Operator and LLA acknowledge that APCOA has been appointed as LLA’s agent to manage the roads, Hackney Carriage Taxi Rank, Drop-off Zone and car parks at the Airport and enforce these terms on LLA’s behalf. For the purposes of these terms, any references to LLA shall be deemed to include APCOA acting on LLA’s behalf.
6. CAR PARK TERMS OF USE
6.1. The Car Park Terms of Use shall deemed to be incorporated into these terms as if they were set out in full. The Operator agrees at all times to adhere to the Car Park Terms of Use in connection with the use of the roads, car parks and Drop-off Zone at the Airport
subject to any variation in accordance with the terms of these terms. For the avoidance of doubt, the Hackney Carriage Taxi Rank
and Cartridge shall be deemed to be “roads” for the purposes of the Car Park Terms of Use
6.2. LLA will display a copy of its then current Car Park Terms of Use in
and around the Airport and the Operator is deemed to have
knowledge of, and agree to, the contents of the Car Park Terms of
Use at all times.
7. OPERATOR’S OBLIGATIONS
7.1. The Operator shall (in addition, and without prejudice to, the Operator’s obligations set out in the Application, the CCU and the Car Park Terms of Use) at all times:
7.1.1. only offer the Pick-up Services within the Hackney Carriage Taxi Rank and not otherwise tout for trade, or agree sales for goods or services within the Airport;
7.1.2. not hand out or leave publicity or advertising materials within the Airport;
7.1.3. except in accordance with the permission granted in clause 4.1 or as otherwise permitted under the Car Park Terms of Use, not carry out any other commercial
activities at any location at the Airport; and
7.1.4. not use a vehicle to provide the On-site Services except for the Registered Hackney Carriage.
Advertising and Representations
7.2. The Operator shall:
7.2.1. not operate under any branding that includes the title “London Luton Airport” or similar, nor use LLA’s logo or any other intellectual property rights owned or
licenced by LLA without LLA’s prior written consent;
7.2.2. not in any publicity, advertising or description of its business, use the words “London Luton”, “Luton Airport” or “London Luton Airport” other than as a geographical description of the location at which the On-Site Services are provided;
7.2.3. not make any representation which suggests that the Operator’s Taxi Services are endorsed by LLA or connected to the operations of LLA (including but not
limited to any reference to the Taxi Services being “official” services of LLA, or “approved”, “authorised”, “endorsed” or “recommended” by LLA (or any similar words); and
7.2.4. not make any misleading statements to any person in respect of the price of goods or services offered by the Operator in connection with its Taxi Services.Operating Standards & Passenger Care
7.3. During the Access Period, the Operator shall:
7.3.1. ensure that each complaint received by Operator from a Passenger (or prospective Passenger) in respect of any matter connected to the Taxi Service (“Passenger Complaint”) is responded to courteously and substantively within 10 Business Days of receipt and is
sought by the Operator to be resolved on a fair basis;
7.3.2. on request by LLA, provide to LLA a written summary of each Passenger Complaint received (for such period as LLA may specify) including details of the resolutions
offered and implemented by the Operator (provided that the Operator shall ensure that no Personal Data of the relevant Passenger is provided to LLA unless such provision is (a) requested by LLA and (b) in accordance with the Data Protection Requirements);
7.3.3. not suffer or take any action which leads to:
7.3.3.1. any complaint by any person in connection with the Taxi Services which
is upheld by the “Trading Standards” department of Luton Borough Council
or that of any other local authority body;
7.3.3.2. any complaint by any person in connection with the Taxi Services to a
relevant trade association or regulatory body which is upheld by such trade
association or regulatory body; or
7.3.3.3. any claim by any person in connection with the Taxi Services which is upheld
by a court of law, tribunal or appeals body;
7.3.4. fully and promptly compensate each Passenger for any:
7.3.4.1. damage caused by the Operator to that Passenger’s property in connection
with the Taxi Services; and
7.3.4.2. injury caused by the Operator to thatPassenger.
8. CHARGES, DECREMENT CARDS AND PAYMENT
8.1. In consideration of the access granted by LLA to the Operator in accordance with clause 4.1, the Operator shall pay to LLA (or, in accordance with clause 8.2, APCOA acting as agent for LLA) :
8.1.1. the Access Licence Charge for the issue of theHackney Carriage Access Licence;
8.1.2. the Pick-up Charge each time a Pick-up Service is provided by the Operator; and
8.1.3. the Drop-off Charge each time a Drop-off Service is provided by the Operator.
8.2. The Operator (or a person on behalf of Operator) shall pay the Access Licence Charge (in person at APCOA’s offices located in the Mid Stay Car Park at the Airport) by credit or debit card to APCOA(acting as agent on behalf of LLA) in advance of submitting the
Application (provided that if a Hackney Carriage Access Licence is to be held by more than one operator with the same Registered Hackney Carriage, only one of those operators shall be required topay the Access Licence Charge).
8.3. Once a Hackney Carriage Access Licence is issued to the Operator in accordance with the provisions of clause 3.1, LLA shall issue the Operator with one or more Decrement Cards. The Operator shall use the Decrement Card(s) to:
8.3.1. pay the Drop-off Charge (at one of the exit barriers to the Drop-off Zone), each time the Operator provides the Drop-off Service; and
8.3.2. pay the Pick-up Charge (at the exit barrier to the Hackney Carriage Taxi Rank), each time the Operator provides the Pick-up Service.
8.4. The Operator shall ensure that at all times there is sufficient money paid onto the Operator’s Decrement Card(s) to ensure the Operator is able to pay for the Usage Charges incurred by the Operator.
8.5. The Operator shall:
8.5.1. not use a Decrement Card other than to pay Usage Charges payable in respect of the provision of Taxi Services;
8.5.2. not permit any other person to use a Decrement Card;
8.5.3. keep each Decrement Card safe and secure at all times;
8.5.4. notify LLA immediately if any Decrement Card is lost or stolen; and
8.5.5. pay LLA at LLA’s then current rates (as specified in writing by LLA from time to time) for any new or replacement Decrement Cards issued by LLA to the Operator.
8.6. Each Decrement Card issued to the Operator shall remain the property of LLA and shall be returned to LLA on demand or on expiry or termination of the Hackney Carriage Access Licence.
9. INSURANCE
9.1. During the Access Period the Operator shall maintain in force at least the following insurance policies, with reputable insurance companies of good financial standing and appropriately regulated, to cover the liabilities that may arise under or in connection with these terms:
9.1.1. fully comprehensive public hire vehicles insurance in respect of the Registered Hackney Carriage (which must provide insurance coverage for the operation of the Registered Hackney Carriage at the Airport by the Operator) with:
9.1.1.1. no limit in respect of personal injury caused to third parties per claim; and
9.1.1.2. for at least the full repair cost or replacement value of the relevant Registered Hackney Carriage and any third party property per claim (subject to a limit of at least £10,000,000 per claim and £10,000,000 in aggregate per annum); and
9.1.2. general third party liability insurance with a limit of at least £10,000,000 per claim and £10,000,000 in aggregate per annum.
10. DATA PROTECTION AND DATA PROCESSING
10.1. LLA will collect the Operator’s personal information when the Operator submits the Application or attends the Airport from time to time. Details about the personal information LLA collects, how LLA collects it, why LLA needs it, what LLA does with it, how long
LLA keeps it and what the Operator’s rights are, are set out in LLA’s privacy notice at https://www.london-luton.co.uk/privacy-notice.
10.2. The Operator shall not do anything in breach of the Data Protection Requirements or anything that would render LLA in breach of the same.
10.3. The parties acknowledge and agree that for the purposes of the Data Protection Requirements:
10.3.1. each party shall be a data controller (where data controller has the meanings as defined in the Data
Protection Requirements) in respect of the Shared Personal Data processed by that party in connection with these terms; and
10.3.2. the lawful basis for the processing of Shared Personal Data by either party shall be the legitimate interests of that party in either performing its obligations under these terms or in administering these terms with the other party (as the context requires).
10.4. Schedule 1 sets out in respect of any Shared Personal Data processed by the parties:
10.4.1. the scope, nature and purpose of such processing;
10.4.2. the duration of such processing;
10.4.3. the types of such Shared Personal Data which may be processed; and
10.4.4. the categories of data subject in respect of such Shared Personal Data.
10.5. The Operator shall not process Shared Personal Data in connection with these terms other than in accordance with the parameters set out in Schedule 1 (as amended by the parties from time to time in accordance with the provisions of clause Schedule 1).
11. TERMINATION
11.1. Without affecting any other right or remedy available to it; LLA may terminate a Hackney Carriage Taxi Licence to expire on such date and time as LLA may specify (which may be immediately) by giving written notice to the Operator to that effect if:
11.1.1. the Operator fails to pay any amount due under these terms on the due date for payment;
11.1.2. the Operator gains access to any part of the Airport without LLA authorising such access;
11.1.3. the Operator commits a material breach of any term of these terms and such breach is irremediable or, if such breach is remediable, fails to remedy that breach within a period of 14 days after being notified in writing to do so;
11.1.4. the Operator repeatedly breaches any of the terms of these terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of these terms;
11.1.5. the Operator ceases to undertake the Taxi Services during the Access Period;
11.1.6. the Operator carries out any commercial activities at the Airport in breach of clause 7.1.3;
11.1.7. the Operator:
11.1.7.1. commits a criminal offence or breaches any of the policies(including the Hackney Carriage Operations Manual) in connection with its use of the Airport or any activities in connection with the On[1]Site Services, or is arrested on suspicion of doing so; or
11.1.7.2. avoids, or attempts to avoid, the payment of any Usage Charges or any other charges payable by the Operator in accordance with the Car Park Terms of Use or CCU when due (including, but not limited to, avoiding charges by “tailgating” other cars out of the exit barriers of the Hackney Carriage Taxi Rank or Drop-off Zone without paying the applicable Usage Charges);
11.1.8. the Operator is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986;
11.1.9. the Operator is the subject of a bankruptcy petition or order;
11.1.10. any event occurs, or proceeding is taken, with respect to the Operator in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 11.1.8 to clause 11.1.9 (inclusive);
11.1.11. any of the grounds for termination set out in articles
89(1)(a) to 89(1)(c) of the Utilities Contracts Regulations 2016 apply; or
11.1.12. the Operator suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business, or disposes of all or substantially all of its assets.
11.2. For the purposes of clause 11.1.1, a material breach of a term of these terms shall be interpreted as:
11.2.1. any breach that has a serious effect on a benefit that LLA would have otherwise derived from these terms;
or
11.2.2. the Operator’s breach of any condition of these terms. Without limitation, each of the Operator’s applicable obligations in clauses 7 (Operator’s Obligations), 9 (Insurance), 10 (Data Protection and Data Processing), the terms of the CCU, the terms of the Car Park Terms of Use and the terms of the Application (including the Driver Standards) shall be a condition of these terms.
11.3. Without affecting any other right or remedy available to it, LLA may terminate a Hackney Carriage Access Licence at any time on giving not less than one months’ written notice to the Operator.
11.4. The Operator may terminate a Hackney Carriage Access Licence so as to expire on such date as it may specify (and which may be immediate) by giving written notice to LLA to that effect if LLA becomes insolvent or can reasonably be considered to be unable
to pay its debts as and when they fall due.
12. CONSEQUENCES OF TERMINATION
12.1. On termination of these terms:
12.1.1. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these terms (as appropriate) which existed on or before the date of termination shall not be affected;
12.1.2. any provision of these terms that expressly or by implication is intended to come into or continue in force on or after termination, including the following clauses: clause (Interpretation), clause 9 (Insurance), clause 12 (Consequences of termination), clause 14.1 (Governing law), and clause 16 (Jurisdiction) the terms of the CCU and the terms of the Car Park Terms of Use shall remain in full force and effect; and
12.1.3. the Operator shall adhere to its obligations in accordance with the CCU and remove from the Airport any Operator branded signage and any Operator assets. Any damage caused by such removal shall be made good by the Operator to the satisfaction of LLA.
12.2. On termination of these terms the Operator shall immediately return all LLA Materials (including all Airport Identity Passes and Decrement Cards) to LLA. If the Operator fails to do so, then LLA may enter the Operator’s premises and take possession of them.
Until they have been returned or delivered, the Operator shall be solely responsible for their safe keeping and will not use them for any purpose not connected with these terms.
12.3. The Operator will, during any termination notice period in respect of a Hackney Carriage Access Licence, continue to observe and discharge its obligations under these terms prior to termination of that Hackney Carriage Access Licence in good faith as if that
Hackney Carriage Access Licence were not terminating.
12.4. Unless otherwise specified in accordance with clause 11.1, any valid notice of termination, in respect of a Hackney Carriage Access Licence, served under these terms will expire at 23:59 hours on the date specified in the notice.
12.5. The service of notice of termination of a Hackney Carriage Access Licence by either party on grounds that it reasonably considers to be legitimate will not be construed as a repudiation of these terms, and the other party waives any right to accept such repudiation that it may have had but for this clause.
13. VARIATION
LLA has the right to vary the terms of these terms from time to time on giving the Operator at least 14 days' notice in writing.
14. CONFLICTS
14.1. If there is an inconsistency between any of the provisions in the main body of these terms and the Schedules or the Application, the provisions in the main body of these terms shall prevail.
14.2. If there is inconsistency between a definition set out in the CCU and a definition set out in these terms, that definition shall be deemed to define only the terms within the document in which it is set out. If there is any other inconsistency between these terms
and the provisions of the CCU, the terms of the CCU shall prevail to the extent of the inconsistency.
14.3. If there is inconsistency between a definition set out in the Car Park Terms of Use and a definition set out in these terms, that definition shall be deemed to define only the terms within the document in which it is set out. If there is any other inconsistency between these terms and the provisions of the Car Park Terms of Use, the terms of the CCU shall prevail to the extent of the inconsistency.
15. GOVERNING LAW
These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non[1]contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
16. JURISDICTION
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms, or their subject matter or formation (including non-contractual disputes or claims).
Schedule 1 - Data Processing Parameters
The parties will process Personal Data in accordance with the following parameters:
1. The scope and nature of personal data processing:
1.1. LLA will process Shared Personal Data:
1.1.1. to the extent necessary to permit the Operator access to the Airport to undertake any activities in connection with the On-Site Services which will include maintaining electronic records of the names, roles and contact details of Workers; and
1.1.2. to the extent necessary:
1.1.2.1. to determine whether to issue one or more passes (as required by LLA from time to time in respect of persons visiting or working at the Airport) to the Operator; and
1.1.2.2. to maintain records of any pass issued by LLA to the Operator; which will include conducting background checks, obtaining, storing and displaying photographic images
and maintaining electronic records;
1.1.3. to the extent necessary to check from time to time whether to issue, or withdraw, a Hackney Carriage Access Licence (which may include sharing Shared Personal Data with law enforcement agencies and Luton Borough Council);
1.1.4. to the extent necessary to check that the Operator ispermitted to access, or remain in, any location at the Airport which will include the maintenance of electronic records;
1.1.5. to the extent necessary to maintain electronic records of the Operator’s entry and exit to and from areas of the Airport;
1.1.6. to the extent necessary to maintain safety and security within, and the orderly administration of, the Airport through the use of video surveillance systems, facial
recognition systems, automatic number plate recognition systems and entry and exit point checking systems (which may include sharing Shared Personal Data with law enforcement agencies and Luton Borough Council); and
1.1.7. to the extent necessary to administer these terms and any other agreement between LLA and the Operator which will include the maintenance of electronic records.
1.2. The Operator will process Shared Personal Data:
1.2.1. to the extent necessary for the Operator to obtain access to the Airport and undertake any activities in connection with the On-Site Services which will include maintaining electronic records of the names, roles and contact details of LLA Personnel; and
1.2.2. to the extent necessary to administer these terms and any other agreement between the parties with the Personnel of LLA which will include the maintenance of electronic records.
2. The purposes of Shared Personal Data processing:
2.1. The purposes for which LLA will process Shared Personal Data are:
2.1.1. to enable the Operator to access the Airport and undertake any activities in connection with the On-Site Services;
2.1.2. to determine whether to issue or withdraw a Hackney Carriage Access Licence to the Operator;
2.1.3. to check the suitability (in relation to security and safety at the Airport) of the Operator seeking to access and/or work in areas of the Airport;
2.1.4. to maintain security within the Airport;
2.1.5. to maintain the safety of persons at the Airport;
2.1.6. to ensure the orderly administration of the Airport; and
2.1.7. to administer the terms of these terms.
2.2. The purposes for which the Operator will process Shared Personal Data are:
2.2.1. to enable the Operator to access the Airport and undertake any activities in connection with the On-Site Services; and
2.2.2. for the purpose of administering these terms.
3. The duration during which Shared Personal Data will be processed:
3.1. LLA will process Shared Personal Data for no longer than the longest retention period set out in any of:
3.1.1. LLA’s privacy notices made available to Data Subjects; or
3.1.2. LLA’s data protection policies; which are applicable to the processing of the relevant Shared Personal Data from time to time (and which are available on request).
3.2. The Operator will process Shared Personal Data for no longer than the duration of these terms.
4. The types of Shared Personal Data which will be processed:
4.1. LLA will process the following types of Shared Personal Data:
4.1.1. names;
4.1.2. telephone numbers;
4.1.3. dates of birth;
4.1.4. hackney carriage driver license details;
4.1.5. insurance details;
4.1.6. email addresses;
4.1.7. bank details;
4.1.8. addresses;
4.1.9. signatures;
4.1.10. photographic images;
4.1.11. vehicle registration numbers;
4.1.12. national insurance numbers;
4.1.13. nationalities;
4.1.14. places of birth;
4.1.15. work histories (including employer/business details, dates of engagements, periods of unemployment and job titles);
4.1.16. proofs of identification (including passports, driving licences etc);
4.1.17. criminal records;
4.1.18. current job titles and employer/business details; and
4.1.19. names of educational establishments and years of attendance.
4.2. The Operator will process the following types of Shared Personal Data:
4.2.1. names;
4.2.2. telephone numbers;
4.2.3. email addresses;
4.2.4. addresses; and
4.2.5. signatures.
5. The categories of data subject whose Shared Personal Data will be processed:
5.1. LLA will process the details of the Operator.
5.2. The Operator will process the details of LLA’s Personnel.