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PHV DRIVER TERMS OF SERVICE

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

Transportation 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.

“Ride” The 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.

“Service” Any of the services describes in these terms including booking services provided by us and the transportation services provided by you.

“Fare” The amounts that a User is charged for Rides in addition to other applicable fees as further defined in section 5

“Legislation” The Private Hire Vehicles (London) Act 1998, The Local Government (Miscellaneous Provisions) Act 1976 and any regulations relevant to the operation of private hire vehicles.

1. INTRODUCTION

1.1 We 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.

1.2 These 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;

  1.  Our Privacy Policy; and
  2.  The terms of the Apple and Google Play

1.3 When 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;
[email protected]

2. YOUR CONTRACTUAL RELATIONSHIP WITH US

2.1 You 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 employment.

2.2 You 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 (DRIVER REQUIREMENTS)

3.1 You shall from the date you agree to these terms and conditions for the duration of your use of any aspect of the Technology Platform:

  1.  be 21 years of age or older.
  2.  hold valid proof of your identity.
  3.  hold a valid national insurance number.
  4.  hold a valid UK driving licence with the appropriate level of certification required to drive the vehicle used to provide the Transportation Services.
  5.  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.
  6.  hold a V5C registration certificate (log book) for the vehicle used to provide the Transportation Services, as applicable.
  7.  hold a valid MOT for the vehicle used to provide the Transportation Services.
  8.  hold a valid and appropriate insurance policy for the vehicle used to provide the Transportation Services.
  9.  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 transportation provider.

4. THE BOOKING SERVICE

4.1 We 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.

4.2 The Booking Service we provide to the User consists of the following:

  1.  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.
  2.  We then identify a suitable driver to provide Transportation Services to fulfil the Booking.
  3.  We keep a record of the Booking;
  4.  We receive and deal with any queries or complaints which the User may have regarding the Booking;
  5.  We manage lost property queries.

4.3 When the Transportation Services are provided by a PHV Driver:

  1.  we are a licensed private hire operator for the purposes of the Legislation;
  2.  we make provision for the invitation and acceptance of bookings, and accept the Booking pursuant to the Legislation;
  3.  we are responsible for and perform all of the duties of the operator pursuant to the Legislation in relation to the Booking;
  4.  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.

4.4 You 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.

4.5 In order for us to provide you with requests for Transportation Services following our acceptance of Booking Requests, you will be required to:

  1.  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;
  2.  update your status on the App, so that we can check that you are available; and
  3.  provide such other information that we may require from time to time.

4.6 We are not a party to your contract with the User in respect of the Transportation Services.

5. PRICE AND PAYMENT

5.1 Following 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.

5.2 Prior 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.

5.3 In 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.

5.4 You 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.

5.5 We 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.

5.6 You 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.

6. CANCELLATIONS

6.1 We may cancel a Booking following acceptance of a request for Transportation Services by you if:

  1.  User send us request to cancel the booking; or
  2.  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; or
  3.  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

7.1 We 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 Services.

7.2 We 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.

7.3 We 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 possessions.

7.4 We 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.

7.5 We 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.

7.6 You 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 with:

  1.  any failure to meet the Driver Requirements;
  2.  any breach or negligent performance or non-performance of these Terms;
  3.  the enforcement of these Terms; and/or
  4.  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 Technology Platform.

8. TERM AND TERMINATION

8.1 You may end your contract for Booking Services at any time by notifying us via email telephone.

8.2 We may end or suspend your contract for Booking Services at any time by writing to you or through telephone if:

  1.  you breach these Terms in a way that we deem material;
  2.  you fail to meet or cease to hold any or all of the Driver Requirements;

8.3 If we end your contract for Booking Services, for any reason including termination of our contract with you:

  1.  you must stop all activities authorised by these terms and conditions, including your use of the Driver App and the Booking Services.
  2.  you must pay any and all outstanding sums owed to us.

9. GENERAL TERMS OF USE – DRIVER COMPANION APP (DRIVER APP) FOR PHV DRIVERS

The use of the Driver App by PHV drivers (the "User") shall be governed by the following General Terms of Use. By using the Driver App for the first time and each time the User logs in to the Driver App, the User agrees to these General Terms of Use.

CONTRACTUAL OBLIGATIONS OF THE USER

9.1 The 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.

9.2 The 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 Users individually.

9.3 Prior 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.

9.4 The User shall use the Driver App only for lawful purposes and as permitted by these General Terms of Use. The User shall not:

  1.  use the Driver App in any unlawful or fraudulent manner, for any unlawful purpose, or in any manner inconsistent with these General Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Driver App or any operating system;
  2.  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 that such use is not licensed by these General Terms of Use);
  3.  transmit any material that is defamatory, offensive, threatening or otherwise objectionable in relation to the User's use of the Driver App;
  4.  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;
  5.  use the Driver App in any way that causes or may cause damage to the reputation of Britain Airport Transfers;
  6.  use the Driver App to send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  7.  use the Driver App for any commercial purpose or the benefit of any third party or in any manner except as permitted by these General Terms of Use;
  8.  impersonate or misrepresent the User's affiliation with any person or entity;
  9.  use the Driver App in any manner which is incompatible with the interests of Britain Airport Transfers;
  10.  encourage or enable any other individual to do any of the foregoing.

9.5 The 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.

9.6 The 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.

9.7 All 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 distributed.

9.8 The 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.

9.9 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, TRACKING

9.10 For 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

9.11 In 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.

TERMINATION

9.12 In 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.

LIABILITY

9.13 Nothing in these General Terms of Use shall exclude or limit any way the liability of either party:

  1.  for death or personal injury caused by negligence;
  2.  for fraud or fraudulent misrepresentation; or
  3.  for any matter for which it would be illegal or unlawful to exclude or limit, or attempt to exclude or limit, a party's liability.

FINAL PROVISIONS

9.14 These General Terms of Use herein constitute the entire agreement between the parties 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 give effect to the purpose of these General Terms of Use.

9.15 Britain Airport Transfers reserves the right to amend these General Terms of Use upon 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.