DRIVER TERMS &
CONDITIONS - Britain Airport Transfers
“we”, “us” or “our” Britain Airport Transfers.
“you” or “your” You as a licensed Private Hire Vehicle (PHV) Driver
and provider of the
Services to Users obtaining Transportation Services via our Website, online
chat, email and telephone.
“Transportation Service” The service and/or ride that you provide to Users by
means of a PHV.
journey that a User makes by means of PHV.
“Technology Platform” A combination of Driver App (named “Driver Companion
App”), our website, proprietary software and booking services provided by our
technology platform. The Driver App is made available for downloading through
Apple Store and Google play.
“Booking Request” A request submitted by a User via our website,
online chat, email and telephone
“Booking Services” The service we provide to you and to Users as
further explained in section 4 below.
of the services describes in these terms including booking services provided by
us and the transportation services provided by you.
amounts that a User is charged for Rides in addition to other applicable fees
as further defined in section 5
Private Hire Vehicles (London) Act 1998, The Local Government (Miscellaneous
Provisions) Act 1976 and any regulations relevant to the operation of private
are Smart Airport Transfers Limited, a company registered in England and Wales,
doing business as Britain Airport Transfers. Our company registration number is
12466697 with Registered address of Hart House Business Centre, Kimpton Road,
Luton, LU2 0LA, UK.
terms and conditions apply to your use of the Driver App and its services. As a
driver, you are introduced to Users of our Booking Services who seek and obtain
Transportation Services from you. There are other terms and conditions that
will apply to your use of Services including the following;
- The terms of the Apple and Google Play
you first register with us, you are required to acknowledge and accept our
terms and conditions and in doing so, you agree to adhere to your obligations
arising under these Terms whenever using our Booking Services and whenever
providing the Transportation Services.
1.4 Should you need to contact us; you may do so by email at the address below;
2. YOUR CONTRACTUAL
RELATIONSHIP WITH US
agree and acknowledge that the relationship between you and us is that of
client and service provider. We provide you (as client) with requests for
Transportation Services and we receive the commission. Nothing in these terms
and conditions shall render you our employee, worker, agent or partner, and you
shall not hold yourself out as such. These terms and conditions therefore,
constitute a contract for the provision of services and not a contract of
agree and acknowledge that you have sole responsibility for fulfilling any and
all Bookings following Acceptance and retain the sole right to determine when
and for how long you use the App and/or the Booking Services.
3. YOUR OBLIGATIONS
shall from the date you agree to these terms and conditions for the duration of
your use of any aspect of the Technology Platform:
- be 21 years of age or older.
- hold valid proof of your identity.
- hold a valid national insurance number.
- hold a valid UK driving licence with the
appropriate level of certification required to drive the vehicle used to
provide the Transportation Services.
- a valid private hire driver’s licence and a
valid private hire vehicle licence as issued by the relevant licensing
authority for you and for the vehicle you use to provide the
Transportation Services, as applicable.
- hold a V5C registration certificate (log book)
for the vehicle used to provide the Transportation Services, as
- hold a valid MOT for the vehicle used to
provide the Transportation Services.
- hold a valid and appropriate insurance policy
for the vehicle used to provide the Transportation Services.
- hold any and all other consents, licences,
permits, approvals, authorities and insurance documents that we may
reasonably require you to hold from time to time as a licensed third-party
4. THE BOOKING
are the holder of a private hire vehicle operator licence which allows us to
accept bookings for PHVs requested by Users through our website, email, telephone
and online chat and we provide you (the Driver) with requests for
Transportation Services. We act as an intermediary between you and the User. We
do not provide Transportation Services. When we say in these terms and
conditions that we will provide you with Booking Services we mean that we will
provide you with access to and use of the Technology Platform, together with
any associated support Services that we may offer.
Booking Service we provide to the User consists of the following:
- Accepting bookings requested by the User. When
we have accepted the Booking Request, we notify the User through the email
and text message that their Booking has been accepted.
- We then identify a suitable driver to provide
Transportation Services to fulfil the Booking.
- We keep a record of the Booking;
- We receive and deal with any queries or
complaints which the User may have regarding the Booking;
- We manage lost property queries.
the Transportation Services are provided by a PHV Driver:
- we are a licensed private hire operator for the
purposes of the Legislation;
- we make provision for the invitation and
acceptance of bookings, and accept the Booking pursuant to the
- we are responsible for and perform all of the
duties of the operator pursuant to the Legislation in relation to the
- we ensure that the private hire Driver and the
private hire vehicle used for the provision of the Transportation Services
are duly licensed pursuant to the Legislation.
establish a contract with us for the provision of Booking Services when you
select the “Accept” button while registering for our Booking Services via the
Driver App. At the point you select the “Accept” button you agree to be bound
by these Terms.
order for us to provide you with requests for Transportation Services following
our acceptance of Booking Requests, you will be required to:
- enable use of location data sent from your
device(s), so that we can check whether you are in the vicinity of the User
who has submitted a Booking Request;
- update your status on the App, so that we can
check that you are available; and
- provide such other information that we may
require from time to time.
are not a party to your contract with the User in respect of the Transportation
5. PRICE AND
your Acceptance of a request for Transportation Services, this may result in
charges becoming due to you from the User in respect of actual Transportation
Services that you may subsequently supply. In return for your access to the
Booking Services, we charge you a commission of 20% on the Transportation
Services that you actually provide.
to sending a Booking Request, a User is provided with an estimate of the Fare
which is calculated in accordance with specific programming code applied to the
backend of website based on a range of criteria (the “Fare Estimate”). Though
we take care to ensure the Fare Estimate reflects the actual Fare that a User
may ultimately owe for any given Ride, we do not warrant that the Fare Estimate
shall always be correct.
respect of the PHV Transportation Services, a User becomes liable to payment to
you for any PHV Transportation Services obtained. The Fare eventually charged
to the User shall be determined in accordance with our PHV Fare calculation
method according to various factors including the distance between the pick-up
location and the destination, the duration of the Transportation Services and
the demand for the Transportation Services.
agree and acknowledge that the Commission is payable to us regardless of
whether the User pays for the Transportation Services; or the Transportation
Services anticipated by the Booking are completed. We reserve the right to
change the level of Commission at any time. If we decide to change the level of
Commission, we shall notify you by e-mail.
will provide you with a Driver weekly statement that will set out details of
the Bookings you have completed during the previous week and the sums due to
you less Commission.
will be responsible for paying any congestion charges which may be applicable
to the Transportation Services. Our fare includes congestion charges and this
charge will be reimbursed in a Driver weekly statement.
may cancel a Booking following acceptance of a request for Transportation
Services by you if:
- User send us request to cancel the booking; or
- you request that a Booking is cancelled because
of an incident or emergency, for example a flat tyre, an accident, or a
breakdown, or any event where your safety may be at risk for any reason;
- you inform us that you have waited at the
pick-up location for 40 minutes or longer following the arrival time.
7. OUR LIABILITY TO
YOU, RESPONSIBILITY AND DISCLAIMERS
are not jointly and/or severally liable with you for the Transportation
Services provided by you. This is because we are only an intermediary when
introducing you to prospective Users through our Booking Services. When supplying
the Transportation Services, you are expected to behave civilly and in
accordance with section 2 and you are responsible for any fines, cautions,
prosecutions and/or other sanctions imposed on you arising from your conduct
when using the Booking Services and/or when supplying the Transportation
do not guarantee that any User is who they claim to be. We recommend that you
exercise due diligence at all times. You may, for example, request
identification from the User should you have reasonable cause to doubt they are
the same individual whose name you are provided through the Booking Services.
are not responsible for the behaviour, whether online or offline, of any User
and/or any Transportation Services they and/or anyone else should obtain from
you. You are solely responsible for your own interactions with Users and/or
anyone else. You shall be responsible for the cost of repair for damage to, or
necessary cleaning of, a User’s property resulting from your wilful, negligent and/or
reckless actions causing damage to and/or the requirement to clean a User’s
are not responsible for, nor shall we procure insurance in respect of, any of
your personal belongings with you while you supply the Transportation Services.
We shall have no liability to you in any way, under contract, tort,
misrepresentation, breach of statutory duty, restitution or otherwise for any
theft or loss of property belonging to you or anyone else.
are not responsible for loss or damage you suffer that arises out of or in
connection with the Transportation Services. For example, if a User fails to
arrive despite you accepting a request for Transportation Services, or if a
User has provided incorrect and/or incomplete information regarding the pick-up
location and/or delivery location, or if you arrive late to the User’s
destination. Your contract for the Transportation Services is with the User
whose request for Transportation Services you accepted, not with us.
shall indemnify us against all liabilities, costs, expenses, damages and losses
(including but not limited to any direct, indirect or consequential losses,
loss of profit, loss of reputation and all interest, penalties and legal costs
(calculated on a full indemnity basis) and all other reasonable professional
costs and expenses) suffered or incurred by us arising out of or in connection
- any failure to meet the Driver Requirements;
- any breach or negligent performance or
non-performance of these Terms;
- the enforcement of these Terms; and/or
- a claim by any third party (including Users,
regulators and governmental authorities) directly or indirectly related to
your provision of Transportation Services or use of any aspect of the
8. TERM AND TERMINATION
may end your contract for Booking Services at any time by notifying us via
may end or suspend your contract for Booking Services at any time by writing to
you or through telephone if:
you breach these Terms in a way that we deem
you fail to meet or cease to hold any or all of
the Driver Requirements;
we end your contract for Booking Services, for any reason including termination
of our contract with you:
you must stop all activities authorised by
these terms and conditions, including your use of the Driver App and the
you must pay any and all outstanding sums owed
9. GENERAL TERMS OF
USE – DRIVER COMPANION APP (DRIVER APP) FOR PHV DRIVERS
use of the Driver App by PHV drivers (the "User") shall be governed
time and each time the User logs in to the Driver App, the User agrees to these
OBLIGATIONS OF THE USER
User shall be solely responsible for Internet access, technical requirements,
and the configuration and capability of the End-device for using the Driver
App, and for the required software being up to date, at their own expense.
User shall have no right to the continuous and uninterrupted availability or
operation of the Driver App and it is provided on an "as is" and
"as available" basis. However, Britain Airport Transfers shall
endeavour to achieve maximum possible availability and to resolve any
disruptions as quickly as reasonably possible. In such circumstances, Britain
Airport Transfers is entitled to discontinue the services offered via the
Driver App temporarily in whole or in part, even without prior notice to the
to using the App, the User must register with Britain Airport Transfers, and
furnish complete and accurate information as specified in the registration
process. The User may only use the Driver App if the User is in possession of
all required licenses necessary to provide transportation services and observes
and fulfils all statutory requirements in relation to transportation services.
User shall use the Driver App only for lawful purposes and as permitted by
use the Driver App in any unlawful or
fraudulent manner, for any unlawful purpose, or in any manner inconsistent
example, by hacking into or inserting malicious code, including viruses,
or harmful data, into the Driver App or any operating system;
- infringe Britain Airport Transfers’ intellectual
property rights or those of any third party in relation to the User's use
of the Driver App, including the submission of any material (to the extent
- transmit any material that is defamatory,
offensive, threatening or otherwise objectionable in relation to the
User's use of the Driver App;
- use the Driver App in a way that could damage,
disable, overburden, impair or compromise Britain Airport Transfers’ systems
or security or interfere with other users or collect or harvest any
information or data from any of Britain Airport Transfers’ systems;
- use the Driver App in any way that causes or
may cause damage to the reputation of Britain Airport Transfers;
- use the Driver App to send any unsolicited or
unauthorised advertising, promotional materials, email, junk mail, spam,
chain letters or other form of solicitation;
- use the Driver App for any commercial purpose
or the benefit of any third party or in any manner except as permitted by
- impersonate or misrepresent the User's
affiliation with any person or entity;
- use the Driver App in any manner which is
incompatible with the interests of Britain Airport Transfers;
- encourage or enable any other individual to do
any of the foregoing.
User agrees and acknowledges that Britain Airport Transfers shall not be
liable, and accepts no responsibility, for any matter related to the behaviour
of other Users or passengers or potential passengers of any Users.
User shall use the Driver App so as not to impair, overload or damage it and
not to jeopardize or bypass the intended purpose of the Driver App. The User
shall neither personally nor through third parties bypass or modify the
security precautions of the Driver App.
intellectual property rights in the Driver App shall remain with Britain
Airport Transfers. The User acknowledges that it has no right to have access to
the Driver App in source-code form. The Driver App provided to the User must
not be copied, modified, regressed, decompiled, reverse engineered and/or
User shall keep his/her user name and password safe and shall not disclose them
to third parties or provide them with access to the Driver App. The User shall
be solely responsible for the confidentiality and security of his/her account.
Any unauthorized third-party use must immediately be reported to Britain
Airport Transfers reserves the right to modify the software at any time in
order to further develop the software and improve it in terms of quality.
THIRD PARTY INFORMATION,
the provision of the aforementioned services, the current location of the User
participating at the respective time are tracked, provided that the tracking
function has been activated. Any personal data of passengers or potential
passengers that is transferred or revealed to a User via the Driver App must
not be used by the User for any purposes other than providing the
transportation service and must not be disclosed to third parties by the User
without the prior consent of Britain Airport Transfers.
EXCLUSION FROM USE
the event of any breach of obligations arising from applicable law or
contractual agreements, the User may be temporarily or permanently excluded
from the use of the Driver App and the entire service at the sole discretion of
Britain Airport Transfers.
addition to clause 9.11, either party may terminate this agreement with
immediate effect, and without giving any reason, at any time by giving notice.
For the purpose of this clause, it is sufficient if the User simply uninstalls
the Driver App from his/her End device.
- for death or personal injury caused by
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal or
unlawful to exclude or limit, or attempt to exclude or limit, a party's
with respect to its subject matter. Should any provision of these General Terms
of Use be invalid or unenforceable or should they contain a gap, this shall not
affect the validity of the remaining provisions. Instead of the invalid
provision or for the fulfilment of the gap a provision shall be incorporated to
reasonable notice to the User, provided that the User shall be entitled to
refuse any such amendment and terminate the agreement upon the provision of
written notice. If the User does not exercise its right to termination within
four weeks after notification of such amendment, it shall be deemed to have
accepted such amendment.