Terms of Service | London Carriages

Terms of Service

LONDON CARRIAGES & COURIERS LTD SERVICES AGREEMENT

Effective date: 14th May 2018

All users are obliged to observe these Terms of Services and our Privacy Policy, as these are important and affect your legal rights.

By accepting this Service Agreement, the independent provider of transportation services (herein known as “the Driver”) confirms to have read, understood and accepted its contents. Acceptance of our Terms of Service is a condition for the Driver to provide his service to London Carriages & Couriers Ltd (herein known as “the Company”).

Please keep in mind that London Carriages & Couriers Ltd may modify these provisions of, and only those currently visible on our website and App are up to date and valid at the time. However, any modification shall not adversely affect the main provisions of the agreement. Should any material change take place, we will notify you in advance and your continued use of the Service after the changes have been made constitute your acceptance to the changes.  If you do not wish to continue using the Service, you may terminate the Agreement in accordance with the rights assigned to you pursuant to this agreement below. Therefore, we encourage you to periodically familiarise with the currently effective version on our Website www.londoncarriages.co.uk/drivers and our computer software application LC Drivers (herein known as “the App”).

 

Definitions

The “Agreement” means the Terms of Service set out in this document.

The “Company” means Paddington Airport Transfers Ltd, 613 Harrow Road, London, W10 4RA, a transportation services company.

The “Customer” means the person who agrees the contract for services and accepts the obligation to pay for the services.

The “Driver” means the independent transportation provider of the provision of services pursuant to this Agreement.

The “Driver Addendum” means a schedule of payment and charges, used to calculate the remuneration paid to Drivers, by the Company, in exchange for the transportation services provided by the Driver to the Company.

The “Driver App” means the Company’s computer software application that enables the Driver to access the Company’s services for the purpose of providing transportation services to Customers/Passengers. The Company may exercise their discretion from time to time to update or modify this software application.

The “Passenger” means the person who experiences the transportation service.

The “Service” means the service of transportation to or from the required collection point which the Company is to arrange/supply in accordance with the terms of this Agreement.

 

Services Description

  1. London Carriages & Couriers Ltd provides a service of ordering transportation for its customers. Customer access to the service can be obtained by phone, in person, online or via the App.
  2. Each Driver is operating his business and providing his services to the Company by use of his own vehicle, ensuring he has the correct insurance, and ensuring he is in possession of all necessary regulatory documents required in order to carry out the service provisions as outlined above.
  3. Each driver is responsible for deciding when to make his own time available to the Company to provide his services to the Company. This is entirely performed at Driver’s sole discretion.
  4. Each Driver is an independent contractor, engaged in an independent business and is not an employee, agent nor a joint venture partner of the Company. Drivers are not to hold themselves to public as employees, agents or venture partners of the Company at any time. Drivers agree to be treated as independent contractors for all employment, tax and all other associated purposes. Therefore no payroll deductions, employment taxes or other similar deductions will be made from the Driver with the exception of the amounts owed to the Company by the Driver. The Driver is responsible for his own Self-Assessment Tax Returns and all other HMRC obligations.
  5. The Driver shall not make any commitments on the Company’s behalf or have any authority to do so at any time.
  6. The Company makes available customer requests (herein known as “the Request”) via the App, or by phone to the Driver. The acceptance of a request by a Driver constitutes only an offer. A binding contract for transportation services is only concluded if the Company accepts the Driver’s offer by sending the Driver a ride assignment containing the name, the estimated fee and the collection point. This is the case regardless of whether the offer is accepted via the App or by phone.
  7. The Driver confirms to provide transportation services to the Company’s customers, subject to the terms and conditions set forth in this agreement and the specific terms and conditions found on the Company’s website.
  8. The Driver affirms he accepts rides only on the condition that he can properly fulfil and comply with the customer’s requirements in accordance with industry standards set and the Company terms and conditions.
  9. The Driver shall only provide his services if safe transportation can be guaranteed, in compliance with Transport for London (herein known as “TfL”) regulations, conditions and accommodations to suit specific customer request (e.g. number, luggage space etc).
  10. If a Customer/Passenger demands an intermediate stop or a new drop off, which has not yet been communicated to the Company, by telephone or via the App, at the time the booking was made), and that this new or additional destination is significantly further than the initially booked drop off destination, the Company will charge the Customer/Passenger an additional fee and will compensate the Driver upon adequate procedure being followed, such as: the customer informing the Company at the time of the requested change or the Customer/Passenger amending the destination via the App. Confirmation from Company by SMS or through the App to the customer is needed in order for the change destination and price to be valid. The new confirmation will also be sent to the Driver and the Driver will be compensated upon his production of proof such as GPS data, photo, or credible evidence of proof. Such proof needs to be kept by the Driver and produced to the Company upon request (within 30 days of the change).

 

Non-performance

  1. In performance of the transportation services pursuant to this Agreement, the Driver shall acknowledge and accept the obligations to:

(a) Keep the App turned on, GPS access enabled, connected to the internet in order to match Drivers with Customers/Passengers and to allow the Company to monitor and track Driver’s activities and precise location in accordance with this Agreement and Privacy Policy.

(b) Perform each pick-up and drop-off in a timely manner and in the sequence specified in the App.

(c) Notify the Customer/Passenger of your arrival using the App or through SMS.

(d) Wait for the Passenger up to the time specified in waiting time conditions applicable and pursuant to the Agreement for a Passenger to arrive at the requested pick-up location.

(e) Provide safe, uninterrupted transport of Passengers to the respective drop-off destinations in accordance with the sequence specified in the App or by Company SMS.

(f) Wait at the designated location during idle periods as specified in the App, subject to the Company obtaining the necessary and relevant licenses and/or permits to do so.

(h) Submit all necessary documentation requested by us as soon as reasonably and practically possible to allow us to deal with your application process, complaint procedures, subject access requests, licensing and compliance procedures, or anything necessary and relevant pursuant to this Agreement and Privacy Policy.

(i) Carry out the said services fully and diligently in a professional and competent manner in accordance with this Agreement, regulatory and industry standards, and any requirements of law, as applicable.

  1. In the event the Driver is in breach of his performance obligations pursuant to the Service, the Company reserves the right to claim for loss and/or damages, including but not limited to actual, contractual and definite loss caused by the failure to fulfil his obligations subject to the Agreement. In addition, the Company, reserves the right to claim for expectation damages against the Driver to compensate the Company on the loss of future profits or gains, which the Company would reasonably expect to make, for a period of up to 3 years, from the date of breach of the performance obligation.

Indemnification

  1. The Driver shall fully indemnify, defend and hold harmless the Company and Company’s officers, directors, employees, agents, successors and assigns from any and all claims, demands, losses, liabilities and expenses (including legal fees, damages, penalties, fines, social security contributions and taxes arising out of or in connection with: (a) bodily injury (including death), psychological injury, or damage to tangible personal or real property caused by any act, error or omission, or misconduct by you; (b) breach or violation of any representations, warranties, guarantees, obligations or material terms under this Agreement by you; (c) violation of the rights of any third party, including Customers, Passengers, regulators, governmental authorities or third party providers, either directly or indirectly, by you; (d) violation of any law or regulation by you.
  2. The Driver shall fully indemnify the Company for all costs arising from the said non-performance, in cases where his behaviour is so abhorrent as to bring disrepute to the Company as a result of his ill judged actions. The Company has the right to claim against the Driver any amount actually lost or projected to be lost as a consequence of the said misconduct. The Driver accepts that the Company will take action to recover all the costs involved including in cases where the Driver brought disrepute to the Company or its brand.

 

 

Cancellations

  1. The Passenger may request a cancellation to the service. The Driver will be notified of such a cancellation and dependent on whether the cancellation having been done within the prescriptive time (according to Company’s general terms of conditions), a minimum cancellation fee will apply as per Company’s terms and conditions. Where such a cancellation fee has been applied and recovered by the Company, the Driver will receive his share of the fee as per the terms of the Driver Addendum to the Services Agreement.

 

Lost Property

  1. The Driver shall notify the Company immediately via App or by telephone of any lost property found in their vehicle along with the booking number (if known) and a short description of the item (including a photo). The Driver shall strive to make all necessary arrangements, wherever possible, to return the item to the Customer/Passenger, if this is strictly requested, at the Customer’s/Passenger’s

 

Damage or Injury to Passengers and/or their Property

  1. The Driver shall notify the Company immediately via App or telephone of any damage or injury to any person or property sustained as soon as possible after the damage or injury occurs. The Driver shall agree to fully cooperate with the Company to resolve any damage or injury claims as quickly as reasonable and practically possible. The Driver shall agree to keep the Company notified of the status of such damage or injury claims.

 

Liability

  1. By using the App to provide the said services to the Company, pursuant to this Agreement, the Driver hereby represents and warrants that he has full power and authority to enter this Agreement and perform its obligations hereunder and in compliance with all applicable local, trade, employment, working time, consumer protection, data protection and other applicable laws (including any applicable EU regulations) at all times.
  2. These apply to regulations pertaining to vehicles used in the provision of the services, registration of the vehicles, insurance for the vehicles, driving hours, standard of vehicle safety and all other necessary elements of the provision of services, such as complying with all permits and licenses, pursuant to this agreement.
  3. The Driver shall, at his own cost, submit all necessary certificates, licenses and other documentation confirming compliance to the Company’s management upon conclusion of this agreement and whenever further requested by the Company, within 24 hours of such a request being made to the Driver. The Driver shall immediately inform the Company of any revocation or discontinuation of any permit, licence, insurance or other fundamental element necessary in the provision of the services pursuant to this agreement, regardless of whether such revocation or discontinuation is temporary or permanent.
  4. The Driver acknowledges and agrees that he is solely responsible for taking reasonable and proper precautions to maintain adequate insurance that meets the requirements of all applicable laws regarding any acts or omissions of a Passenger or third party, and that the Company may release Driver’s insurance information to a Passenger upon such Passenger’s reasonable request.
  5. The Driver undertakes to terminate his services with immediate effect in such circumstances that breach any representations, warranties, guarantees, obligations or material terms of this Agreement.

 

Limitation of Liability

  1. The Company makes no representations warranties or guarantees as to the actions or inactions of Customers/Passengers who may request transportation services in relation to the Driver, Driver’s activities or Driver’s vehicle.
  2. By registering as a Driver with the Company, and accepting bookings via your use of the App, the Driver shall acknowledge and accept that during the course of providing the said services pursuant to this Agreement, the Driver will be introduced to Customers/Passengers. The Driver may also be introduced to third parties, at times where it is necessary to fulfil the performance obligations. In such event, the Company shall not take responsibility for the actions or omissions of Customers/Passengers, and/or these third parties, who may pose any form of harm or risk to the Drivers. We cannot guarantee the identity or safety of any Passengers. The Driver is therefore advised to take reasonable precautions with respect to all interactions with third parties encountered in connected with the said services and use of the App.
  3. In no event shall the Company be liable for damages, liabilities or losses of any kind whether arising in contract (including breach of this Agreement), tort (including negligence and strict liability), equity, or under any other legal theory including, but not limited to those classified as; incidental, indirect, special, exemplary, punitive, consequential lost profits, lost data, loss of goodwill, lost opportunities, personal injury, business interruptions or property damage. This shall remain related to, in connection with, or otherwise resulting from; (a) any use or of the reliance on the services, (b) inability to use or access the services, (c) any transaction or relationship between the Driver and a third party provider, whether it be through the Website, App or London Carriages service.
  4. To the extent permitted by law, the Company is not responsible for any actions, inactions, errors, omissions, representations, warranties, breaches or negligence of any Passenger for any personal injuries, death, property damage, or other damages of expenses resulting from the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of Drivers nor shall the Company be liable for any delay or failure in performance or the services resulting from causes beyond the Company’s reasonable control (for example, a network, electrical or power failure, internet delays, national emergency war, acts of nature, strikes, fire, floods, storms, explosions, governmental actions, weather or road conditions).

 

No Service Guarantee

  1. The Company provides and the Driver accepts the App on an “as is” and “as available” basis. The Company does not represent, warrant or guarantee the availability of the App and that Driver access to or use of the App will remain uninterrupted or error free or will result in any requests for transportation services at any particular time and for any particular
  2. In the event that the App or Website is subject to limitations, delays or other problems inherent in the use of internet and electronic communications, the Company is not responsible for any delays, delivery failures, or other damages, liabilities or damages resulting from such problems.

 

Vehicle and  Driver

  1. The Driver must at all times use for the provision of services in this agreement, only the vehicle registered, authorized and licensed by TFL, the details of which are given to the Company at the time of Driver registration. Should the Driver desire to change or replace his vehicle, the Driver shall accept and acknowledge the responsibility to provide the Company with details of the necessary and relevant vehicle registration documents for the new vehicle.
  2. The parties agree that the vehicle used shall be clean, smoke free and equipped with the necessary and appropriate safety and technical equipment, including but no limited to the first aid kit, working fire extinguisher, warning triangle, working seatbelts for each and other locally and nationally required specifications.
  3. All vehicles must be serviced and receive scheduled maintenance in accordance to industry, manufacturer and national recommendations. All the checks must be compliant with the UK traffic regulations and be made in accordance with TFL regulations.
  4. Only the person named in this agreement as the driver and whose name is present on all the documentation given to the company and appropriately registered with TFL for the provisions of transportation services shall provide services under this agreement.
  5. It is agreed by the parties that the driver will observe a smart dress code as defined in the Company’s recommendations. The recommendations are not prescriptions.
  6. During the duration of this agreement and for 2 years after the termination of the present agreement the Driver shall refrain from actively or passively enticing away any customer of the Company who booked the transportation services via the Company’s App, telephone or website. All Drivers shall refrains from contacting any customer at any point in time during and after the term of this agreement, with the exception of performing the Driver’s service hereunder. Should this condition be breached, damages for loss of profit, interest and any other foreseeable business loss to the company will be pursued from the Driver, as well as all legal costs involved in the recovery of such a sum.

 

Payment for Services, charges and fees

  1. A Driver Addendum will be attached to the present Agreement and strictly observed during the entire duration of this Agreement.
  2. The Company can make remuneration subject to quality and pricing scheme applicable to the Services provided hereunder. The Company reserves the right to adjust any remuneration owed to the individual Driver for delays and improper performance of Services or breach of this Agreement. If such event occurs, the payment will be withheld for the duration of the investigation. Once the investigation is closed, the Company further reserves its right to adjust remuneration based on the outcome of the investigation and has the right to offset the said remuneration against any losses or damages suffered by the Company.

 

Intellectual Property

  1. The Drivers acknowledge that all Intellectual Property Rights any all other proprietary rights and related materials belong to the Company (including but not limited to the App, all trademarks, graphics, and use of name of the Company).
  2. The Company may grant the Driver a limited, non-transferable, non-exclusive, revocable licence to promote the Company whilst providing the Services under this Agreement. The Driver shall only make use of the Company’s name, trademark for the sole purposes of services provided under this Agreement.

 

Confidentiality

  1. The Driver undertakes that he/she will not disclose any confidential information entrusted to the Driver by the Company. This information includes, but is not limited to: names, contact number, addresses, pick-up and drop-off locations, identity of the Passenger, information specific to Passengers which are not publicly available. Additional confidential information includes Company assignment mechanisms, Company partners, its strategic intentions and all other data which is not publicly available at the time it was obtained.
  2. The Driver undertakes to not disclose any such data mentioned in paragraph 26 above to any third parties nor to use it for his own personal gain. The only acceptable use of this said information is for the purposes of furthering the Services hereunder.

 

Data Protection

  1. It is the duty of the “Data Controller” to comply with the (UK) General Protection Regulation 2016/679. The “Data Controller” is London Carriages & Couriers Ltd. The Company shall comply with the requirements set out under this regulatory provision, and all applicable UK Data Protection legislation, together with any relevant guidance and/or codes of practice issued by the Information Commissioner.
  2. The Driver consents that the Data Controller will process his personal information, and for the only purposes connected and strictly necessary with the performance of the services and pursuant to these terms. This is including but not limited to:

(a) Your name, address, phone number, national insurance, photograph payroll, bank account records.

(b) Other unique identifiers such as badge and driver license numbers, driving licensing data and vehicle information, such as car insurance, MOT and V5 logbook details.

(c) Vehicle activity and travel data include the precise location, geographical information via GPS or otherwise, the position of his vehicle to the Passenger. The Driver acknowledges that we collect mobile sensor data from their device(s), such as speed, direction, height, acceleration, deceleration, and this may be used for furthering and improving our services, including quality management performance and location-based accuracy services such as ride requests in proximity, analysis of usage patterns and reports.

(d)Information from Driver’s devices, including IP address web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, and push token notifications.

(e) Information about your interactions with the LC Drivers Platform, and actions within the App, and the dates and times of your visits.

(f) Communication(s) in which we receive and monitor between Passengers/Customers and Drivers, including the date and time of the call(s) or SMS message(s), the parties’ phone numbers, and the content of any SMS message(s), For security purposes you will be given notice that any calls that you engage in with the Company and Passengers/Customers may be recorded for training or monitoring purposes and by proceeding you agree to allow the Company to monitor and/or record communication(s).

(g) Medical or health conditions (or accessibility/mobility needs), race and ethnic origins.

(h) Results of a secure Basic Disclosure Check to provide any information on previous criminal convictions or alleged offences, where relevant, as part of our operator obligations and TFL licensing requirements.

(i) Transaction information- as a Driver of London Carriages & Couriers Ltd, you will receive payment for the provision of services pursuant to the Service Agreement with us. To therefore ensure our Drivers get paid, we collect information about Driver’s bank account details, tax information and other payment information provided by Drivers.

  1. Personal information can be in any format, including but not limited to, paper and computer-based records, audio recordings, CCTV, photographs, and expressions of opinion.
  2. The Company shall comply, at all times, with all the minimum security requirements pursuant to UK Data Protection regulation to ensure the safe transmission, storing, updating and deletion of data in accordance to its retention period.
  3. The Company shall retain each item of Data, as above, only for as long as necessary with reference to the reasonable cause for which it was shared. In accordance with TFL licensing requirements, our operator obligations require that all driver and vehicle records are to be kept for a minimum of 12 months.
  4. The Company shall not disclose your personal information to any 3rd party , unless we are under a legal obligation to do so by regulatory bodies, including but not limited to TFL, law enforcement agencies, fraud preventions and police. Should the Company disclose the above, this is done on a strictly case-by-case basis to ensure we comply with UK Data Protection legislation.
  5. The Driver has the right to make a Subject Access Request to the Company to retrieve any personal information we hold about him pursuant to the terms of this agreement. Any request must be made in writing to the Company, and we shall respond within the prescribed 30 calendar days from the date of validation. The Company shall verify the identity of the Driver making the request on each occasion and take reasonable steps to ensure personal information about any 3rd party, not covered by the request, is disclosed in accordance with UK Data Protection Legislation.
  6. The Driver warrants that in relation to these Terms, the Driver shall comply with all provisions applicable to him under Data Protection Law and shall not do or permit to be done anything which might cause the Company to breach any Data Protection Laws.

 

Permission for use of Data

  1. The Driver consents to the transmission of its vehicle activity and travel data via the App, strictly necessary for the performance of the services entrusted to the Driver by the Company. The transmission will include the location, geographical information via GPS or otherwise, the position of Driver’s vehicle to the Passenger. The Driver acknowledges that the data may be used for furthering and improving Company services, including quality management performance and location-based services such as ride requests in proximity, analysis and reports.

 

Exclusivity

  1. This Agreement is non-exclusive. The Driver has the right to cooperate with other transport companies in the same way he does with the Company. Equally, the Company is at liberty to supply the services using other Drivers and third parties.

 

Validity

  1. The terms in this Agreement are valid from the date it is signed and continue for as long as the Driver continues offering services to the Company and vice versa.
  2. This Agreement can be terminated at any time by either Party, either by way of a written notice (with the exception of SMS) or via the App.
  3. The Driver agrees that the Company can offset any claims made against it where such a claim arises as a result of the said Driver negligence or misconduct. This includes any commercial losses actual or inferred, any court and subsequent recovery costs, and additional 8% interest above the basic rate of BoE at the time, should recovery take longer than 2 weeks.
  4. This Agreement constitutes the entire agreement between parties and superseeds any prior understandings between the said parties. No amendment shall be valid unless made in writing and signed by both parties. The Company may from time to time propose amendments to this Agreement and notify the Driver in writing via email or via the App. The amendments will be considered accepted by the Driver 10 days after the notification, unless the Driver objects to them in writing.
  5. Should any clause of this agreement become ineffective, the validity of the remaining clauses shall remain unaffected. The parties agree to replace any ineffective clause with one closest to its original meaning.

 

Applicable Law

  1. This Agreement shall be governed by English law. Any disputed arising out of this Agreement shall be settled by the English courts.

 

 

 

LONDON CARRIAGES & COURIERS LTD DRIVER ADDENDUM TO THE SERVICES AGREEMENT

Effective date: 18th May 2018

This Driver Addendum to the Service Agreement constitutes a legally binding agreement between the Driver and the “Company.

The Driver Addendum sets forth the terms and conditions applicable to a Schedule of Payment and Charges, used to calculate the remuneration paid to Drivers, by the Company, in exchange for the transportation services the Driver has provided to the Company.

In order to use and perform the services applicable to the Agreement, the Driver agrees to the terms and conditions of the Driver Addendum. Upon the Driver’s execution (electronic, unless otherwise) of this Driver Addendum, the Driver and Company shall be bound by the terms and conditions set forth herein. All terms and conditions that are not expressly modified herein shall remain in full force and effect.

Definitions

The “Agreement” means the Terms of Service set out in the Service Agreement.

The “Commission Fee” means the service charge assessed, in the form of fixed percentage, owed by the Driver to the Company, in exchange for the services pursuant to the Agreement.

The “Company” means London Carriages & Couriers Ltd, 50 Hanbury Street, Shadwell, E1 5JL, a transportation services company.

The “Driver” means the independent transportation provider of the provision of services pursuant to this Agreement.

The “Driver Addendum” means a schedule of payment and charges, used to calculate the remuneration paid to Drivers, by the Company, in exchange for the transportation services provided by the Driver to the Company.

The “Driver App” means the Company’s computer software application that enables the Driver to access the Company’s services for the purpose of providing transportation services to Customers/Passengers. The Company may exercise their discretion from time to time to update or modify this software application

The “Driver Fare” means the base fare amount plus incremental amounts based on the actual time and distance of the ride you provide, as measured by the Company.

The “Passenger Charges” means the amount the Company will charge a Customer/Passenger calculated or determined by the Company on the Driver’s behalf. This includes Quoted Charges and Variable Charges.

The “Quoted Charge” means an estimated charge that the Company may calculate and quote a Customer/Passenger in advance of a journey pursuant to the transportation services provided by the Driver.

The “Variable Charge” means a determined charge that the Company may calculate after the ride is completed based on the time and distance of the journey pursuant to the transportation services provided by the Driver.

The “Service” means the service of transportation to or from the required collection point which the Company is to arrange/supply in accordance with the terms of this Agreement.

Payment

  1. Prior to the Driver accepting a booking, whether via the App, telephone, or in person, the Company shall provide the Driver with a Quoted Charge which is an estimated fare payable by the Customer/Passenger for the journey.
  2. Should the Driver subsequently accept a booking, based on the Quoted Charge, whether via the App, telephone, or in person, and upon completion of the journey, the Company shall generate a Variable Charge of the sum that the Customer/Passenger shall be liable to pay in exchange for the transportation service.
  3. A Quoted Charge may differ from what the Variable Charge would have been for the same journey, (as Variable Charges oscillate depending on a number of factors, such as waiting times, additional stops that a Passenger/Customer may need to make, traffic, and time of day).
  4. Unless the Company indicates otherwise, any payment(s) the Driver may receive are conditional upon the Passenger Charges, and any additional charges, made payable by the Customer/Passenger for the transportation services that the Driver shall perform pursuant to the Agreement.
  5. This shall be the Driver Fare, minus the Commission Fee retained by the Company.
  6. In the event that a Customer/Passenger makes a request to cancel the Service, and such a cancellation fee has been applied, the Company shall retain 50% of the cancellation fee, and the Driver shall receive the remaining 50%.
  7. A Customer/Passenger may further elect to add an additional tip to you on top of the Passenger Charges, and this tip shall be paid entirely to you and shall be considered entirely separate from the Passenger Charges that are calculated and charged by the Company.

 

Commission Fee and Charges Schedule

  1. The Commission Fee that the Company shall retain for every journey, whereby Passenger Charges are made payable by the Customer/Passenger, either directly to the Company through card payment via the App, Website or by telephone or directly to the Driver through cash payment is 18%.
  2. In the event that the Driver elects to provide the said transportation services pursuant to this Agreement, to a Customer/Passenger who has not be referred by the Company to the Driver, the Commission Fee that the Company shall retain for every journey, in accordance with the terms above, is 10%.
  3. Where Drivers receive a direct cash payment of Passenger Charges in exchange for the services provided, the Company will combine and calculate the total cash payments received from Customers/Passengers and deduct the appropriate Commission Fee of either 18% or 10% per journey, (subject to the terms above), from any remuneration due to the Driver.
  4. The Driver will be remunerated in exchange for the transportation provided pursuant to this Agreement on a weekly basis via electronic transfer to your bank account. All payments will be made by the Company to the Driver in arrears for services carried out in the previous week by the Driver. As a condition to enable the Company to make payment to the Driver on the weekly due date, the Driver shall accept and acknowledge responsibility to obtain and provide the necessary and accurate bank account details to the Company in advance of payments being processed.

 

Witholding

  1. The Driver accepts and acknowledges that the Company reserves the right to adjust any remuneration owed to the individual Driver for delays and improper performance of Services or breach of this Agreement. If such event occurs, the payment will be withheld for the duration of the investigation. Once the investigation is closed, the Company further reserves its right to adjust remuneration based on the outcome of the investigation and has the right to offset the said remuneration against any losses or damages suffered by the Company.