Amber Cars Driver -Terms & Conditions
All drivers working with Amber Cars are deemed as a self-employed independent contractor and shall provide and furnish services, supervision and administration necessary for the proper and complete performance and acceptance of the following work, together with any other arrangements deemed necessary to complete the Amber Cars obligations which may be subject to amendment from time to time (in writing).
All drivers performing services to Amber Cars are to be bound by the terms and conditions.
The Self-employed driver will be afforded the opportunity to read and comment upon the terms and conditions set forth within and herein. It will be your responsibility as a driver to request and read the terms & conditions prior to beginning work for Amber Cars and raising any questions in writing to the Management team of Amber Cars prior to accepting any work from Amber Cars should you not agree to any aspect therein.
The driver shall not assign the whole or any part of this agreement, nor shall the driver sublet the whole or any part of the services without the prior written consent of the contractor.
OBLIGATIONS OF THE PARTIES:
Driver agrees that he/she has the full knowledge and understanding of the services to be provided under this contract agreement. Nothing herein shall be construed as creating any privity of contract between Driver and Amber Cars. As a self-employed driver you shall not contact any of our present clients in connection with any services other than that through specific, auditable, dispatched contractor work distributed by Amber Cars to your mobile app at the time of job or that with the prior written consent of Amber Cars. Any actions contrary to the above will leave the Driver liable to costs to Amber Cars for loss of services/work/contracts which would have otherwise been given/awarded to Amber Cars in the absence of your involvement.
The Driver shall carry out services in a professional and workmanlike manner in every respect. Although as a self-employed driver you have the right to refuse certain jobs allocated to you by Amber Cars, in the best interest of continuation of business any Amber Cars Driver shall in relation to the Services comply with all reasonable instructions and decisions that are notified and confirmed to driver by Amber Cars in any format, where such instructions and decisions are validly given under the Agreement.
Driver shall abide by all applicable Amber Cars safety and quality assurance requirements validly imposed under common law. Drivers must implement these safety and quality assurance systems at its own cost.
Driver shall act as an independent contractor with respect to the Services and shall exercise control, supervision, management and direction as to the method and manner of performing the Services in accordance with this Agreement.
It is expressly understood that driver is an independent, self-employed driver/subcontractor and is not employed by Amber Cars and shall not be deemed for any purpose to be an employee, agent, partner, servant of Amber Cars.
Both Amber Cars and driver shall each take all reasonable steps to mitigate any loss resulting from breach of this Agreement by the other Party.
LIABILITIES, INDEMNITIES AND INSURANCE:
The following provisions shall apply between Amber Cars and you as a self-employed driver:
Driver shall hold harmless and indemnify Amber Cars from and against all liability for injury to or death of the personnel carried within your vehicle whilst conducting works for Amber Cars and for loss of or damage to the property of the passenger or the property of their respective personnel, and all claims, demands, proceedings, damages, costs, losses, liabilities and expenses whatsoever resulting therefrom arising out of, or in connection with the performance or non-performance of this Agreement, irrespective of the negligence or breach of duty (statutory or otherwise) of any of the indemnified parties.
“Consequential Loss” shall mean:
(a) Consequential or indirect loss under English law; and
(b) Loss and/or deferral of production, loss of product, loss of use, loss of revenue, profit or anticipated profit (if any), in each case whether direct or indirect, and whether or not foreseeable at the effective date of commencement of this Agreement.
Driver shall defend, indemnify and hold harmless Amber Cars against all claims, demands, proceedings, damages, costs, losses, liabilities and expenses (including legal expenses) arising out of, relating to or connected with the performance or non-performance of Services under this Agreement, made by the driver.
Without limiting drivers liabilities under this Agreement, driver shall effect and maintain with a first class insurance company, policies of insurance adequate to cover its liabilities and to fulfil any requirements of government or other appropriate bodies in accordance with, and to the extent applicable, the insurance provisions of the Contract and in such sums and for the benefit of such persons as are specified under common law and the licensing authority.
An insurance certificate showing compliance by the driver with the insurance requirements of this Agreement and common law shall, be provided to the Amber Cars within fifteen days of such request being made and prior to this agreement becoming ‘live’.
The vehicle used by the driver must be well maintained and under a valid MOT certificate in accordance with licensing law and as a minimum standard, must not be more than ten years old, must remain clean and tidy (interior and exterior) at all times (subject to reasonable expectations). The driver is responsible for the maintenance of their vehicle and wholly agrees to conduct weekly checks on tyres, First Aid boxes, Fire Extinguishers, lights, seat belts, horn, vehicle tax and duty, brakes, steering and any other reasonable inspection of vehicle to ensure passenger and road safety.
The driver agrees to attend ‘vehicle inspection checks’ conducted by Amber Cars management at the head office upon request. Driver agrees to attend vehicle inspection checks as soon as practically possible once requested by the office. A vehicle inspection will last approximately ten minutes and consist of safety checks, kit checks, compliance checks. Any refusal or failure to attend may result in driver being suspended from duty with no compensation (financial or otherwise) for being excluded from agent’s workload for the full duration of the suspension period. No financial incentive or otherwise will be offered to a driver of Amber Cars for coming off the road to attend vehicle inspections, this is simply part of our quality control process you agree to being involved with.
This Agreement shall be deemed to be effective on the date of submission of application and shall remain in full force and effect until terminated by either party in writing.
Amber Cars reserve the right to terminate this Agreement for any reason, at any time on giving notice in writing to the driver (including email correspondence issued to the email address provided within your application). Driver shall also have the right to terminate this Agreement for any reason at any time on giving written notice to Amber Cars (including email correspondence issued to the email address: firstname.lastname@example.org).
Amber Cars may in lieu of giving notice of termination of agreement take all of the Services out of the hands of driver and may by itself or by others execute, complete and maintain such, and in such event Amber Cars may recover all reasonable costs of so doing from driver or deduct the costs from monies otherwise due to driver.
The driver for Amber Cars is solely responsible as a self-employed driver under common law for taxes, imposts, fees, duties and the like related to the performance of the work given by Amber Cars to the driver (the fare of the paying passenger is taxable, to which the driver has the sole responsibility to pay what is due to the HMRC). The driver shall similarly be responsible for taxes, imposts, fees, duties and the like related to the performance of the Services and shall indemnify Amber Cars and passenger/passenger representative in respect of all liabilities and associated costs and expenses which they may incur in connection therewith. Any work conducted under a contract (on account) with a Amber Cars client will be repaid to the driver in full, in cash (less any relevant fees) to the driver within seven days of completion. The invoice sent to the Amber Cars customer will be ‘zero rated’ for VAT as Amber Cars are acting purely as a collection agent in such instances. Consequently any VAT element of the monies paid to the driver following an account job, will be your responsibility to recompense the HMRC.
RENTAL & INSURANCE FEES:
Our week starts Monday to Sunday. All rental / insurance/ car rentals must be paid in full to the office by latest 15.00 every Tuesday. Any payments not received in time may result in the system being suspended until full payment is made. Payments can be made by cash/card/online. Drivers paying late may occur a surcharge of £5.00 on top of the weekly amounts due.
Amber Cars will provide any booking passenger with personal data of the Amber Cars Driver, whom is due to collect them,
Each Party shall abide by all applicable provisions of the Contract with regard to confidentiality. As a minimum, the Party receiving information from the other shall keep confidential and not use, or disclose to any third party, any information provided directly or indirectly by the divulging Party including, but not limited to, any technical information, personal information or operating data derived from the divulging Party's Services hereunder or its related business operations. Client personal information or otherwise received by the driver as part of the process to allow normal business operations, must not be used for any other reason than that of completing the service at the time of the specific contract.
Notwithstanding the foregoing Amber Cars shall be entitled to disclose to a passenger or passenger representative any information received or relating to the driver as required allowing Amber Cars to comply with the provisions of any Contract/service. This personal data may include; the self-employed drivers name, drivers TFL license badge number, full vehicle details, and any other information relevant to allow the passenger to be fully informed of their imminently arriving vehicle/driver. As a driver of Amber Cars in agreeing to our terms and conditions you provide your explicit consent to Amber Cars processing your personal data in such a manner giving Amber Cars a schedule two (2) condition relevant to the processing of personal information in accordance with the Data protection Act 1998. The Parties agree that the confidentiality obligations do not apply when
(a) the information was part of the public domain or becomes part of the public domain other than through a breach of this Agreement; or
(b) the information was in the possession of either Party prior to the date of this Agreement and which was not received under an obligation of confidentiality; or
(c) the information was received lawfully from a third party without binder of confidentiality; or
(d) the information is required to be disclosed in compliance with the requirements of any law, rule or regulation of any governmental authority, regulatory body or stock exchange having jurisdiction over the work or the parties; or
(e) the information is developed by either Party independently of this Agreement;
Neither Party shall publish or permit to be published either alone or in conjunction with any other person any information, articles, photographs or other illustrations relating to the Services, the other Party or the Client without the prior written consent of the owner of such information. Website/brochure/advertising photographs/data used by Amber Cars for advertising purposes will not be altered if the driver has terminated their agreement with Amber Cars, either after its publication or after the data was created.
The Parties shall uphold the highest standards of business ethics in the performance of this Agreement. Neither Party shall knowingly involve itself in any business in connection with, or use information arising from this Agreement, in any manner which conflicts with the interests of the other Party. In particular, but without limitation, neither of the Parties shall, directly or indirectly, receive, give or offer to give, anything of material value to any employee, director or agent of the other Party or its other contractors, subcontractors and suppliers, government officials or any other persons, which could be regarded as an improper inducement to any Party. Any breach of this obligation shall constitute a material breach of this Agreement.
To protect drivers, passengers and customers from the effects of working excessively long hours, you agree that, as a self-employed driver for Amber Cars will act with the best interest of safety concerning your working hours. To avoid any confusion and for clear clarity on this subject, at Amber Cars we incorporate ‘waiting time’ (either outside a passenger pick up, or time between each job, irrespective of whether your vehicle is in motion or not) as working time. In agreeing to the Amber Cars terms and conditions, you agree to the following concerning your working time arrangements:
During any long journey you take a break from driving at least once in any two (2) hour continuous driving period within reason.
Amber Cars will strive to monitor working hours using our in-house technology to adhere to this agreement; however you are required to bring your working hours to the attention of the office, should for any reason you are overlooked. Amber Cars will not be held responsible or liable for any breach of the working hour’s arrangements listed above, as it is solely your responsibility to act in accordance with the agreement.
FARES AND JOURNEYS:
The driver shall, if requested by the hirer, provide him/her with a written receipt for the fare paid, including his driver number. The driver cannot demand from any hirer of a private hire vehicle a fare in excess of any previously agreed for that hiring between the hirer and the operator. Any waiting times that occur are charged as an extra on top of the quoted fare.
CONDUCT OF DRIVERS:
Private hire drivers cannot approach and solicit any passengers for hire as this will be classed as touting, which is illegal. If this is committed then your private hire license may be revoked by transport for London and may face prosecution.
Private hire drivers cannot enter in bus lanes in restricted times unless for picking up or setting down in the permitted areas.
You cannot refuse to carry guide and/or assistance dogs without a specific medical exemption. If you do so, you are committing an offence for which you may be prosecuted by Transport for London and be fined £1000.00.
The driver shall be respectably dressed and clean and tidy in appearance.
The driver shall at all times, when wear such badge as supplied by Transport for London in such position and manner as to be plainly and distinctly visible at all times. He shall not lend the badge to any other person or cause or permit any other person to wear it and on termination or surrender of a driver’s licence, he shall return the badge to Transport for London immediately.
The driver shall behave in a civil, polite and orderly manner and shall take all reasonable precautions to ensure the safety of persons conveyed in or entering or alighting from the vehicle.
The driver shall not wilfully or negligently cause or permit the vehicle licence plate to be concealed from public view or allow the licence plate to be so defaced as to make any figure or information illegible.
The driver who has agreed or has been hired to be in attendance with the vehicle at an appointed time and place shall, unless delayed or prevented by some sufficient cause, punctually attend with such vehicle at such appointed time and place.
The driver, when hired to drive to a particular destination, shall proceed to that destination by the shortest route.
The driver shall not convey or permit to be conveyed in such vehicle any greater number of persons than the number of persons specified on the vehicle licence.
The driver shall convey a reasonable amount of luggage and afford reasonable assistance in loading and unloading luggage.
The driver must not solicit, by calling out or otherwise importune, any person to hire or be carried for hire, and must not accept an offer for the hire of the vehicle except where that is first communicated to the driver by a licensed private hire operator.
The vehicle shall be presented in a clean and tidy condition for each journey.
If rented, the private hire vehicle must only be driven with the consent of the proprietor of the vehicle.
The driver must comply with any hire’s request no to drink or eat in the vehicle, or play any radio or sound equipment which is not connected with the operations of the business.
Smoking in the vehicle is illegal.
Drivers must not use a mobile phone unless used in conjunction with hands free equipment.
It is advised not to be on the mobile phone even with hands free when a passenger is in the vehicle.
You must notify Transport for London of any changes to your license or personal circumstance within 21 days.
The Private Hire Driver licence must be made available for inspection, on request, by any authorised officer of Transport for London or any Police Officer.
The private hire driver’s license must be presented to the operator concerned, at the beginning of joining.
All licences, badges issued remain the property of the Transport for London at all times. They must be returned forthwith when a licensed driver ceases, the licence expires and is not renewed, or when the licence is suspended or revoked.
A driver of a Private Hire Vehicle shall immediately, after finishing of the shift of any hiring or as soon as practicable thereafter, carefully search the vehicle for any property which may have been accidentally left therein, carry it as soon as possible to the main office and leave it in the custody of the shift manager so this can be logged in.
A Driver of a Private Hire vehicle shall report to their insurance company and the operator as soon as is reasonably practicable and in any case within 24 hours of the occurrence, any accident to a Private Hire Vehicle causing damage materially affecting the safety, performance or appearance of the vehicle or the comfort or convenience of persons using the vehicle.
THE CARRIAGE OF ANIMALS:
Animals in the custody of passengers may be carried, at the driver’s discretion, provided they are restrained in a safe manner UNLESS they are carrying an assistance dogs when necessary.
These include guide dogs for the blind or partially sighted, hearing dogs for the hard of hearing, and other assistance dogs, which assist disabled people with a physical impairment. You CANNOT refuse or charge a passenger more.
Any driver with a medical condition, which may be exacerbated by dogs, may apply for exemption from this condition. A certificate of exemption must be supplied to Transport for London so your Private Hire Drivers License can be updated accordingly.
This Agreement constitutes the entire Agreement between the Parties in relation to the
Services and supersedes all prior agreements, understandings and commitments, whether oral or in writing, between the Parties. No changes, alterations or modifications to this Agreement shall be binding on either Party unless set down in writing and signed by the authorised representatives of the Parties. Each Party irrevocably and unconditionally waives any right it may have to claim damages for any misrepresentation not contained in this Agreement or for breach of any warranty not contained in this Agreement unless such misrepresentation or warranty was made fraudulently and/or to rescind this Agreement.
This Agreement shall be construed and take effect in accordance with English Law excluding those conflict of law rules and choice of law principles that would deem otherwise. The ruling language of the Agreement shall be the English language.
Should a dispute arise between the Parties out of or in connection with this Agreement, the Parties shall initially endeavour to resolve such dispute via their appointed representatives, failing which the dispute shall then be referred to the Managing Director or equivalent manager of the Parties.
In the absence of any agreement being reached on a particular dispute either Party may take appropriate action to resolve such dispute which shall then be submitted to the exclusive jurisdiction of the English Courts.
Whilst any matter or matters are in dispute, the driver shall proceed with the execution and completion of the Services and both the driver and Amber Cars shall comply with all the provisions of the Agreement.