Booking Terms and Conditions
Effective Date: 24-Apr-2016
Domestico Ltd., a company registered in England under number 9623695, whose registered address is Suite 107, Maple House, High Street, Potters Bar, EN6 5BS and whose main trading address is Suite 107, Maple House, High Street, Potters Bar, EN6 5BS, acts as an introductory agent for a range of Service Providers and is authorised by such Service Providers to enter into contracts with you on their behalf. Domestico will do this by taking your booking enquiry and allocating the booking to an appropriate Service Provider.
Once Domestico indicates acceptance of your booking request by sending you confirmation of the Service Provider, a contract will come into existence between you and the Service Provider. Please note that your contract is with the Service Provider and not Domestico and full responsibility for the provision of the Services rests solely with the Service Provider.
Domestico is responsible for taking your bookings and passing those on to the relevant Service Providers, for dealing with pay ents made by you in relation to those bookings and as a medium of communication.
We recommend that you read these Booking Terms and Conditions carefully before you make a booking via the Domestico website or by calling the Domestico service centre. By making a booking via the Domestico website, you confirm that you accept these Terms and Conditions, and that you agree to comply with them. If there is anything you do not agree with, please do not make a booking. If there is anything you do not understand, please contact us.
1. Definitions and Interpretation
1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Domestico Platform”||means the Domestico website www.domestico.co.uk, any subdomains and our Domestico call centre|
|“Order”||means your order for the Services|
|“Order Confirmation”||<span”>means Our acceptance and confirmation of your Order as described in Clause 3;|
|“Price”||means the price payable for the Services;|
|“Recurrent Services”||means a Service to repeat on a regular basis|
|“Service Provider”||the Domestico service provider allocated to provide the Services to you|
|“Services”||means the services which are to be provided by the Service Provider to you as specified in your Order (and confirmed in Our Order Confirmation);|
|“We/Us/Our”||means Domestico Ltd., registered in England under number 9623695, whose registered address is Suite 107, Maple House, High Street, Potters Bar, EN6 5BS;|
2. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message or other means.
1. The Services you can book via the Domestico Platform are sold by Our Service Providers and not Us. We are only responsible for arranging your booking, dealing with payments and acting as a medium of communication.
2. We are not responsible or liable for the Services you receive from Our Service Providers, but let us know if you encounter a problem or the Service you receive falls short of your expectations and we will do Our best to help.
3. If you want to cancel a Service please read Clause 6.
4. All communications need to be done via Domestico and not with the Service Provider directly.
5. If you want to contact Us, please visit the Domestico Help Centre.
1. The Domestico Platform allows you to book and pay for Services which are provided by Our Service Providers, and not by Us.
2. When you make a booking you create two legal contracts:
(i) A contract with Us, under which we have certain responsibilities to you in relation to the booking, payment and communication process. That contract is made on these Booking Terms and Conditions. We are responsible for taking your bookings and passing them on to the relevant Service Provider, for dealing with the payments made by you in relation to those bookings and for being a medium of communication between you and the Service Provider.
(ii) A contract with the relevant Service Provider in respect of the provision of the Services which you book via the Domestico Platform. That contract may include terms which are notified to you prior to your making a booking on the Domestico Platform. The Services which you book via the Domestico Platform are the responsibility of the Service Provider which provides them. We act as a booking agent for the Service Provider, therefore we are not responsible or liable to you for the actual Services that are booked through the Domestico Platform.
3. Because these two contracts are separate, please do not rely on any promise or claims written or verbally made by a Service Provider to the extent that they purport to bind us to any additional or supplementary terms.
4. We may amend these Booking Terms and Conditions from time to time. We may also notify you of any changes by e-mail. You should check these Booking Terms and Conditions each time you wish to make a booking via the Domestico Platform, to make sure that you understand there terms which will apply at the time. If you do not agree to any such changes, please stop using the Domestico Platform.
5. We and Our Service Providers are under legal duty to provide the Services in conformity with the relevant contract. All Services shown on the Domestico Platform are subject to availability and the images and/or descriptions of the Services on the Domestico Platform are for illustrative purposes only – actual Services may vary from those images and/or descriptions, but We ask Our Service Providers to ensure that they provide the Services in accordance with those descriptions. It is each Service Provider’s responsibility to ensure that they provide the Services in accordance with those guidelines.
6. We advise that you exercise caution and common sense to protect your personal safety and property, as you would when interacting with any person who you do not know. We do take reasonable measures to ensure suitability and quality of Our Service Providers, including but not limited to, conducting interviews, obtaining proof of identity and address and obtaining references. We use a third party reference agency (Onfido) to perform CRB, Identity and Right to Work checks. However, you acknowledge that, in carrying out any checks, we may be reliant on information supplied by third parties and we cannot guarantee that such information is accurate. We also cannot guarantee that any particular Service Provider is suitable for your purposes and you use Service Providers at your own risk, although we may remove a Service Provider from the Domestico Platform on the basis of any feedback you or other users provide in relation to that Service Provider i few deem it appropriate, but are under no obligation to do so.
4. Making a booking
1. You may only make a booking if you are aged over the age of legal majority in your jurisdiction. We may ask you to provide Us with a valid proof of identity in a form reasonably acceptable to us upon request.
2. You may only make a booking for your personal use, or for the use of a person, including a company or other organisation which you are authorised to represent. Likewise, you may only book Services with respect to a location where you are legally authorised to have services such as the Services performed.
3. You can select which Services you require, at what location, for how many hours and the time for those Services to be provided via the Domestico Platform. On selection of the relevant details, we will notify you of the costs of the Services based on those details. If you would like to go ahead, you may then submit the Order to confirm your request.
4. When submitting your Order for Services, one of Our customer service agents will contact you by phone to discuss details of your bookings and to acknowledge receipt of that booking. We will then send you an Order Confirmation by e-mail. The Order is subject to such confirmation, and the contract between you and the Service Provider will be formed only when you are sent the Order Confirmation.
5. If your Order is for a Recurrent Service, for example, where you book a household clean to be performed every week, we will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency you have requested. We cannot guarantee that the same Service Provider will attend each Recurrent Service appointment.
1. The Price will be as quoted when you place your Order on the Domestico Platform. Prices are subject to change at any time, in which case the Domestico Platform will be updated accordingly, but any such changes will not affect Orders for which you have already been sent an Order Confirmation prior to the date the change is published on the Domestico Platform.
2. Prices are based on the specified hourly rate, which depends on factors such as location and how often the Service will recur. The same Service may cost differently in a different location, or if the frequency is more or less frequent. There is a 3 hour minimum applicable for Orders and if you have booked unused time we will refund any unused hours beyond any minimum hours applicable to your Order.
3. The Price you will pay will be stated on your Order Confirmation and compromises:
(i) A fee due to the Service Provider based on the duration of the visit. We will collect this fee on behalf of the Service Provider.
(ii) A service fee due to Us as stated on the invoice and calculated by reference to the number of hours worked by the Service Provider.
4. Payment for Services must be made once we have allocated a Service Provider to you. Payment will be taken in Pounds Sterling using the credit or debit card you have registered with Us when you placed the Order. To take the payment we are using Stripe, a third party payment processing provider. All your card details are stored on Stripe’s secure servers and not on the Domestico Platform.
1. In addition to your other legal rights as a consumer, you have the right to cancel an Order and receive a refund in accordance with the terms in this Clause 6.
2. If you decide to cancel a booking (whether for a one-off visit or on a repeat basis), you may do so by calling Us or sending Us and e-mail to email@example.com, subject in each case to the following conditions:
(i) If we have not yet sent the order Confirmation you may cancel without any charge;
(ii) If we have sent you the Order Confirmation but you cancel up to 24 hours before the Service is scheduled to start, you will be charge a cancellation fee of £10;
(iii) If you cancel less than 24 hours before the scheduled start of the Service you will be charged the full Price of the scheduled Service.
3. Cancellations direct with the relevant Service Provider are not permitted and will not be accepted.
4. If a Service Provider fails to attend the agreed location to provide the Services requested, please notify us within 24 hours following the scheduled start time of the visit and, if still required, make another request for the relevant Service to be provided by the Service Provider (or another Service Provider) at another mutually agreeable time. We will offer you a full refund in respect of the relevant amount if you do not wish to rearrange the visit.
1. The Services which you book via the Domestico Platform are the responsibility of the Service Provider who provides them. We are not responsible or liable to you for the actual Services provided by the Service Provider to the fullest extent permissible by law. Under these Booking Terms and Conditions, we have certain obligations to you. These responsibilities are set out below.
2. Where we have been negligent and/or breached those obligations to you, We will be responsible for any loss or damage you suffer as a result, as long as the loss and/or damage is reasonably foreseeable. Loss or damage is reasonably foreseeable if it is an obvious consequence of Our negligence or breach of contract, or would have been considered by you and Us to be a likely consequence of it at the time you received the Order Confirmation.
(i) We are responsible for taking your bookings and passing those on to the relevant Service Providers. Where we have been negligent and/or breached this obligation to you, we will be liable to any reasonably foreseeable loss or damage you suffer as a result, but limited to the service fee paid by you to Us during the 6 month period immediately prior to the liability arising;
(ii) We are responsible for dealing with payments made by you in relation to your bookings. Where we have been negligent and/or breached this obligation to you, we will be liable to any reasonably foreseeable loss or damage you suffer as a result, but limited to the service fee paid by you to Us during the 6 month period immediately prior to the liability arising;
(iii) We are also responsible for requiring Our Service Providers to agree by contract that they have appropriate professional insurance and ensuring that they have passed the CRB, identity and right to work checks. Where we have been negligent and/or breached this obligation to you, we will be liable to any reasonably foreseeable loss or damage you suffer as a result, but limited to the service fee paid by you to Us during the 6 month period immediately prior to the liability arising;
3. Our liability won’t include any losses relating to your business, even if those losses are reasonably foreseeable. These types of losses include loss of income or revenue; loss of business; loss of anticipated savings; loss of data; or waste of management or office time.
4. We do not exclude or limit Our liability:
(i) If we are negligent and that negligence causes death or personal injury
(ii) For fraud or fraudulent misrepresentation
(iii) For any liability which cannot be excluded or limited under the applicable law
8. Service Providers
1. You agree to treat Our Service Providers courteously and lawfully and to provide a safe and appropriate working environment for them in compliance with all applicable laws and regulations. You also agree to provide them with all reasonable information and co-operation required to enable them to provide the Services you have requested.
2. You acknowledge that your preferred Service Provider, if you have one, may be unavailable from time to time, whether due to illness, vacation or through ceasing to use the Domestico Platform.
3. You agree, for so long as the agreement between you and Us is in force and for a period of six months thereafter, not to book the Services of, or engage, any Service Provider you have used, or whose contact details you have received from Us, other than via the Domestico Platform.
9. Variations of these Booking Terms and Conditions
1. We may revise these Booking Terms and Conditions at any time and you should check these Booking Terms and Conditions from time to time to take notice of any changes we have made, as they are legally binding on you. We may also notify you of any changes by e-mail. If you do not agree to any such changes, please stop using the Domestico Platform.
2. Every time you make an Order via the Domestico Platform, the Booking Terms and Conditions in force at that time will apply to the Order between you and Us.
10. Resolving Issues
1. If you would like to make a complaint or provide any feedback about one of Our Professionals or their Services, please contact Us by e-mail or by phone as soon as possible. We will then get into contact with the Service Provider and attempt to resolve any issues on your behalf.
2. Should we be unable to resolve the issue you choose whether you like us to:
(i) Give you a refund for the disputed/complained amount of your Order;
(ii) Give you a credit note for the disputed/complained about amount of your Order;
(iii) Arrange for the re-performance of the disputed/complained about Services at no additional cost to you.
11. Communication and Contact Details
1. If you wish to contact Us, you may do so by telephone at 01707 82 7993 or 01707 82 7994, by email at firstname.lastname@example.org or by post.
2. Our customer support hours are from 9am to 6pm. Outside these hours you can send us an e-mail to email@example.com
3. In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods:
(i) Contact Us by e-mail at firstname.lastname@example.org; or
(ii) Contact Us by pre-paid post at Domestico Ltd, Suite 107, Maple House, High Street, Potters Bar, EN6 5BS.
<h2><b>12. How We Use Your Personal Information (Data Protection)</b></h2>
1. All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
2. We may use your personal information to:
<p style=”padding-left: 30px;”>(i) Enable the Service Provider to provide the Service to you.</p>
<p style=”padding-left: 30px;”>(ii) Process your payment for the Services provided by the Service Providers.</p>
<p style=”padding-left: 30px;”>(iii) Inform you of new products and services available through Our platform. You may request that We stop sending you this information at any time.</p>
<p style=”padding-left: 30px;”>(iv) We will not pass on your personal information to any other third parties, other than for purposes under sub-Clauses 12.2.1 and 12.2.2, without first obtaining your express permission.</p>
13. Governing Law and Jurisdiction
1. These Booking Terms and Conditions and the relationship between you and Us shall be governed by, and construed in accordance with English law.
2. Any dispute, controversy, proceedings or claim between you and Us relating to these Booking Terms and Conditions or the relationship between you and Us shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
14. Other Important Terms
1. Each of these Booking Terms and Conditions operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
2. No failure or delay by Us in exercising any of Our rights under these Booking Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Booking Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.