HYPR Car Service Terms

 

Date: 15 November 2019

  1. These terms
    1. What these terms cover. These are the terms and conditions cover your use of the HYPR Car Service. 
    2. What is the HYPR Car Service? The HYPR Car Service is a private, personal, members only car booking service of luxury high performance cars. We provide passenger services directly to our customers and are the operator of the car service. Bookings of the HYPR Car Service is only made available to subscribers to the HYPR Membership.
    3. When you make a car booking, these HYPR Car Service Terms shall apply. We will update these terms from time to time and you should refer to back to them before you make a booking in case of any changes.
  2. Information about us and how to contact us
    1. Who we are. We are HYPR Drive Limited a company registered in England and Wales. Our company registration number is 1077488 and our registered office is at 48 Charlotte Street, Fitzrovia, London, W1T 2NS. 
    2. How to contact us. You can contact us by telephoning our car service team at +4420-3701-0408 or by writing to us at info@hypr.life.
    3. How we may contact you. If we have to contact you we will do so by telephone, via the app or by writing pursuant to our privacy policy. 
    4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  3. Using the Car Service
    1. HYPR Membership is required. To book the HYPR Car Service you must be subscribed to the HYPR Membership. As part of the HYPR Membership, you must keep your profile information up to date in your membership account, including a recent face photo so that our drivers can identify you. You must be at least 18 years of age to book the HYPR Car Service.
    2. Valid payment mechanism is required. In addition to having a HYPR Membership, you must have a valid payment method that we support to make a booking.
    3. You are responsible for your account.  You are responsible for all activity that takes place on your account and all use of the HYPR Car Service under your account. If you have passengers who ride with you, then you are responsible for, and liable to us for, any damage caused to our vehicles.
    4. Making a booking. You can book a car using the HYPR mobile app. A booking request constitutes an offer from you to us to provide our car passenger service to you. The booking will only be valid when both us and one of our drivers has accepted the request. We send you push notifications via the app at each stage to confirm whether your booking has been accepted and that the car is being dispatched. Once we have accepted your booking and the car is dispatched, then the contract between you and us for the provision of the HYPR Car Service will come into force. Please note that we reserve the right to reject a booking at any time, and there is no obligation on us to accept a booking. We may also cancel a booking once it has been accepted by us without liability to you.
    5. We reserve the right, on no notice, to amend the HYPR Car Service so as to comply with any applicable law or other regulation.
  4. Our Transport for London licence
    1. HYPR has been granted a TFL Private Hire Operator License that allows us to accept private hire bookings in London. Our license number is 0101420101.
  5. Our Vehicles and Drivers
    1. We ensure that all vehicles that form part of the HYPR Car Service are suitable for use, insured, and comply with all other applicable regulations.
    2. We carry out criminal record checks on all our drivers, and ensure that they have a clean driving licence. All our drivers are trained to drive high performance cars.
    3. At the point that a booking is made, our drivers will have access to your account profile picture, full name and mobile phone number (real phone number is masked). The driver will also be supplied with the details of the journey who have booked. This information is shared with them so they can verify your identity prior to starting to the journey and to perform the service. After the journey is made, the driver will only have access to your first name so that the driver cannot contact a customer outside of a journey, 
    4. We will use reasonable endeavours to provide you with the type of vehicle specified in your booking, however if due to technical reasons we are unable to, we will try to provide an alternative vehicle from the HYPR Car Service.
    5. Paying for the HYPR Car Service
    6. You are liable for all payments of the Charges and Extra Charges incurred under your account. All Charges must be paid in full and without set out.
    7. Payment may be made by all major debit and credit cards and via Apple Pay.
    8. In calculating the price of your journey, you will choose the vehicle and enter the pickup and drop off location. Our app will calculate the calculate the cost of the journey and will provide a fixed price. You will confirm your acceptance, and the fixed price amount is frozen from your bank account and once the journey is marked as complete by a driver, the payment will be released to us from your account. If you request to extend your journey during the journey trip, then you will be charged at the end of the journey for the extension. You will see our name on your bank statement as ‘HYPR Drive Ltd’.
    9. In the event that you incur any Damage Charges, we reserve the right to process these from the same payment method that you have registered with your account or used previously.
    10. We do not accept cash payments.
    11. If you have more than one payment card or method on your account, and one of the cards or methods is declined, then you agree that we may use the other card or method to take payment.
    12. Where we are unable to take payment of the Charges, Extra Charges or Damage Charges, but we have performed the Booking, then you acknowledge that interest will be applicable on your unpaid amounts (calculated at 5% per year) until payment is made (including if payment is made after a court judgement requiring you to pay).
  6. Charges
    1. When you select your pick up location and drop off location and requested vehicle, we will provide you with a quotation on the app for your journey. The quotation will show an estimate of the Charges and Extra Charges, and will be based on the journey we have chosen on the app and the likely time taken to make the journey.
    2. The Charges and/or Extra Charges may vary due to:
      1. Any changes to the route you or another passenger may request (e.g. additional pick-ups, drop offs, or other changes to the route);
      2. You require the Driver to wait to pick you or a passenger up;
      3. Any damage you or a passenger cause to a Vehicle;
      4. Any damage caused by dirt, soil, contamination, spillage, stains, domestic animals, in which case the cleaning fee shall be charged to your account;
      5. Cancellation fees if you cancel a booking after 3 minutes after we have accepted it (no cancellation fees apply if we receive your cancellation request within 3 minutes after our acceptance);
      6. You bring a pet with you in the vehicle and the Driver agrees to carry the pet as well;
    3. Our Drivers will wait for a period of 5 minutes at the designated pick up location before our Driver may cancel the booking. In the event of a cancellation due to you not being ready or being unable to find you at the pick up location, then you will be charged a Cancellation Charge.
  7. Your Property
    1. Neither we nor our drivers (or our leased vehicle owners) are responsible for any of your property which you leave in a vehicle. If you do leave property in the vehicle, please contact us via the lost property section of the app. We will raise a lost property ticket to track the attempts to resolve your issue. Where a Driver finds lost property, we will retain it for a period of 28 days and will try and locate the owner. If we cannot do so after 28 days, we may sell, destroy or dispose of the property. We reserve the right to charge reasonable costs in returning your property to you.
  8. Your conduct and your passengers’ conduct.
    1. Whilst you are in a HYPR vehicle and during your use of the HYPR Car Service, you agree that you shall not, and that your passengers shall not:
      1. drink any alcohol or be drunk;
      2. use drugs or any other illegal substances;
      3. carry any weapons;
      4. act disorderly or inappropriately or in any threatening or abusive manner in the vehicle or towards our Driver;
      5. use the HYPR Car Service as a courier service;
      6. use the HYPR Car Service for any illegal activities.
      7. film our Driver;
      8. use the HYPR Car Service for commercial purposes;
      9. drink any non-alcoholic drinks other than water;
      10. smoke or use electronic cigarettes;
    2. If you or your passenger break the conduct rules, then the Driver may immediately terminate your journey and we may charge a Cancellation Charge. We reserve the right to also cancel your HYPR Membership.
    3. You are responsible for loading and unloading nay property you put into the vehicle.
    4. You are responsible for entering and exiting the vehicle.
  9. Cancellation Charges
    1. You may cancel a booking once it is made by using the ‘Cancel Journey’ feature in the app.
    2. You can cancel a booking without charge where we receive your request via the app within 3 minutes of our acceptance of a booking.
    3. If you otherwise cancel a booking, the Cancellation Charges shall apply as set out in the app.
    4. Where you do not turn up at a pick up location and the Driver cancels your booking then the Cancellation Charges will apply.
  10. Additional Booking Terms
    1. We currently only accept bookings within and around zone 1 of London.
    2. We do not allow unaccompanied minors in the HYPR Car Service. All minors must be accompanied by a HYPR Member over the age of 18.
    3. You must notify us as part of your booking if you are bringing a pet into the vehicle, and you will be liable for any damage caused to the vehicle by your pet. Allowing your pet into the vehicle will be at the discretion of the Driver, and if they refuse to allow your pet into the Vehicle then we may cancel your booking without liability to you.
  11. Limitation of Liability
    1. Nothing in these terms shall exclude or limit any liability or loss for death or personal injury caused by negligence, or for fraudulent misrepresentation or any other fraudulent act or omission, to pay all Charges, Extra Charges or Cancellation Charges, or for any warranty that is implied by law and cannot be excluded.
    2. Hypr Drive Limited is not liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any
      1. Loss of profit;
      2. Loss of or damage to goodwill or reputation;
      3. Loss or waste of time; and/or
      4. Indirect, consequential or special loss;

and whether arising out of these terms or the HYPR Car Service, and whether or not the loss was foreseeable or such loss was advised as a possibility.

    1. HYPR Drive Limited shall also not be liable for any errors or failures in providing the HYPR Car Service which arises out of your errors in booking the journey or failure to provide accurate information.
    2. Except as otherwise set out in this clause 11, HYPR Drive Limited’s entire liability arising of or relating to these terms of the HYPR Car Service (whether from breach of contract, tort (including negligence) breach of statutory duty or otherwise) shall be limited to the higher of all charges relating to your individual contract for the supply of the HYPR Car Services for your journey, or in total two hundred and fifty pounds (£250).
  1. Personal Data
    1. Your personal data supplied to us through the app and as part of your booking shall be used by us in accordance with our privacy policy.
    2. You must keep your information on your account page up to date at all times.
  2. Changes to these terms
    1. We may vary and update these terms from time to time, and vary or cancel any part of the HYPR Car Service. We will publish changes on our website, and will email you of any material changes.
    2. Where you continue using the HYPR Car Services, then you will be deemed to have accepted the updated terms.
  3. Other legal terms
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts

 

 

 

 

 

 

 

HYPR Membership Terms

  1. These terms
    1. What these terms cover. These are the terms and conditions cover your membership of HYPR (“HYPR Membership”). 
    2. What is HYPR? HYPR is an online membership club that gives members access to exclusive services such as the HYPR Car Service, HYPR events and HYPR Merchandise (“HYPR Services”). Members pay an annual or monthly subscription for their HYPR Membership and to access the HYPR Services. We review all applications to HYPR and only approve applications that we believe are a good fit for the HYPR brand. 
    3. Why you should read them. Please read these terms carefully before you submit your membership application to us. These terms tell you who we are, how we will provide the HYPR membership service to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions on these terms, please contact us at membership@hypr.life.
  2. Information about us and how to contact us
    1. Who we are. We are HYPR Drive Limited a company registered in England and Wales. Our company registration number is 1077488 and our registered office is at 48 Charlotte Street, Fitzrovia, London, W1T 2NS. 
    2. How to contact us. You can contact us by telephoning our membership team at +4420 3701 0408 or by writing to us at membership@hypr.life.
    3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order. 
    4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  3. Our contract with you
    1. How do you become a member of HYPR? To become a member of HYPR you need to apply for membership through our website. Memberships are not guaranteed and we reserve the right to approve or reject applications at our discretion. All memberships applications need to be supported by valid ID and date of birth information so that we can verify your identity and age. Without this information, we cannot process your application. If your application is successful, we will notify you by email to the account you have used to submit your application, and we will take payment of your application fee and membership fees. Once we have received payment from you for the application fee and membership fee, then a contract for the annual membership of HYPR shall come into force between us. 
    2. Minimum age. You must be 18 years or older to become a member of HYPR.
    3. Your guarantee to us. You agree that all information you provide us as part of your application for HYPR Membership, including your registration details and payment information will be accurate. You will keep all information up to date using the membership account.
    4. If we cannot accept your application. If we are unable to accept your application, we will inform you of this via email and you will not be charged any application or membership fees. We may not be able to accept your application if you cannot verify you are over the age of 18 or your identity.
    5. How much will membership cost? The cost of HYPR Membership will be set out on the sign-up page and confirmed in your welcome email. We reserve the right to vary the HYPR Membership cost and services available from time to time. Payment needs to be made by all major debit and credit cards. By submitting payment details, you confirm that you are entitled to purchase a HYPR subscription. 
    6. What if I miss a monthly payment?  If you default on any payment we may (i) terminate or suspend your membership; (ii) charge you for any outstanding amount remaining for the portion of any minimum term of your membership. We may also send your details to our third-party debt collection agency and take action to recover our losses.
    7. Your account. As a member of HYPR you will also have access to an account page on HYPR.life where you can maintain your membership information.
    8. How long is your membership? Memberships are either for minimum periods of 12 months (which renew at the end of each 12-month period unless cancelled) or recurring one-month periods. The minimum term duration will be set out on the sign-up page depending on the membership you choose.
    9. Cancelling your membership. Please see the Cancellation Terms below on how to cancel your HYPR Membership.
    10. We only provide membership services in the UK. Our membership services are solely for use in the UK. Unfortunately, whilst we accept applications from addresses outside the UK, you will only be able to use the HYPR services when you are in the UK.
    11. We reserve the right to change your monthly membership price on thirty days’ notice. You may terminate your membership during this period if you do not accept the revised price.
    12. We reserve the right to amend these terms, and we will notify you by email of any material changes.
  4. HYPR Services & Benefits
    1. Services and benefits may vary from time to time. The HYPR Services that are available to HYPR members may vary from time to time, and will be set out in the members section of the HYPR website. We do not guarantee that the HYPR Services will be available 100% of the time and we will notify you of any downtime or unavailability.
    2. Additional Terms may apply. For some HYPR Services, additional terms may apply. For example, the HYPR car service terms shall apply to your use of that service.
    3. HYPR App. To use the HYPR car service you will need to download and install the HYPR mobile app. It is your responsibility to ensure that your mobile device is up to date and supports the latest release of the app. We currently only support iOS mobile devices.
  5. Our rights to make changes to HYPR
    1. Minor changes to the services. We may change any HYPR Service: 
      1. to reflect changes in relevant laws and regulatory requirements; and 
      2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the service.
    2. Reasons we may suspend the supply HYPR to you. We may have to suspend any part of the HYPR Service or membership benefits to:
      1. deal with technical problems or make minor technical changes;
      2. update the product to reflect changes in relevant laws and regulatory requirements.
  6. Your rights to end the contract
    1. You can always end your contract with us.  If you want to cancel your HYPR Membership subscription at the end of your subscription period you can do so by emailing membership@hypr.life. Alternatively, you can terminate via the termination function in your membership account.
    2. Information you need to cancel. In your cancellation email you need to confirm your name and address and state that you wish to cancel. We have provided a template form at the end of these terms.
    3. When you sign up online and become a member of HYPR, then you request us to provide you with the benefits of the HYPR membership immediately on approving your application. 
    4. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at below the contract will end immediately and we will refund you in full for any subscription period which have not been provided. The reasons are:
      1. we have suspended the HYPR membership for technical or regulatory reasons, or notify you we are going to suspend them for technical or regulatory reasons, in each case for a period of more than one month; or
      2. you have a legal right to end the contract because of something we have done wrong contrary to these terms. 
    5. How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your application to cancel. If you cancel after we have started providing you access to the HYPR Membership, you must pay us for the membership period provided up until the time you tell us that you have changed your mind. When you cancel you will lose all your membership benefits and access to any of the HYPR Services.
  7. How to end the contract with us (including if you have changed your mind)
    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:  
      1. Phone or email. Call customer services on +4420 3701 0408 or email us at membership@hypr.life. Please provide your name, home address, details of the order and, where available, your phone number and email address. 
      2. Online. Complete the termination form in the members account section.
    2. How we will refund you.  We will refund you the price you paid for the HYPR membership by the method you used for payment. 
    3. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind: 
      1. We may deduct from any refund an amount for provision of the HYPR Membership for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to the duration of the HYPR Membership, in comparison with the full membership period.
    4. When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
  8. Our rights to end the contract
    1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      1. you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, such as confirmation of your ID or date of birth;
      3. you breach any other terms and conditions that apply to any of the HYPR Services.
  9. How to complain about HYPR.
    1. How to tell us about problems. If you have any questions or complaints about the HYPR Membership, please contact us. You can telephone our customer service team at +4420 3701 0408 or write to us at membership@hypr.life.
  10. Our responsibility for loss or damage suffered by you
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your consumer legal rights.
    3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  11. How we may use your personal information
    1. How we may use your personal information.  We will only use your personal information as set out in our privacy policy.
  12. Other important terms
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To HYPR Drive Limited. 

By email to membership@hypr.life

I hereby give notice that I cancel my contract for the supply of the HYPR Membership subscription.

Ordered on [date membership was purchased]

Name:

Email address:

Date: