KingKabs - Driver Terms and Conditions

King Kabs Limited (the “Company”) is a private limited company incorporated and registered in England with company registration number 3623784.
The Company is a licensed private hire operator and provides private hire vehicle and taxi booking and account management services (“the Services”).
The Driver is a self-employed, duly licensed Private Hire Vehicle driver holding a current Private Hire Vehicle Driver licence (“PHV Driver License”) or a self-employed, duly licensed Taxi Driver holding a current Taxi Driver License (“Taxi Driver License”), issued by the appropriate licensing authority.
The Company wishes to offer to the Driver, and the Driver agrees to perform private hire vehicle and taxi journeys whilst taking advantage of the Services subject to these terms and conditions.
Driver Obligations
1.1 The Driver covenants with the Company as follows:

a. to pay all monies due to the Company within 7 days of their due date;
b. to allow the Company to deduct monies due to it from the Driver from monies it holds on behalf of the Driver;
c. to be at all times during the Term, a duly authorised holder of a current PHV Driver License or Taxi Driver Licence and fully comply with its conditions;
d. to, at all times, maintain a valid driving licence and appropriate hire and reward insurance policy
e. to fully and effectively indemnify the Company against all damages, costs, expenses, actions, demands, proceedings, claims and liabilities made against or suffered or incurred by the Company arising directly or indirectly out of any act or omission or negligence of the Driver.
f. to advise the Company in writing within 7 days of any change whatsoever to any of the details and information provided by the Driver to the Company in any application form completed and signed by the Driver
g. to maintain absolute confidentiality with respect to all customers and clients of the Company, whether they are individuals or organisations and not to impart any information in relation to any trips undertaken to any third party individual, body or organisation nor to any media agency, press, publisher or broadcaster.

1.2 In agreeing to be bound by these Terms and Conditions the Driver agrees that:

a. the Company contracts directly as principal with its credit account customers (Company Clients) to provide services;
b. the Driver, when accepting the booking, contracts with the Company to provide a service to the customer by transporting the customer from their location to their destination when the booking is acknowledged by the Company under its contract with the customer.
c. The Driver agrees that the Company may negotiate prices on behalf of the Driver for the provision of private hire services. For the avoidance of doubt, all payments to the Driver are considered to be inclusive of Value Added Tax at the prevailing rate.

Driver Conduct
2.1 The Driver agrees that they will NOT:
a. Misuse any of the emergency procedures of the Company (emergency button, emergency speech or emergency phone lines).
b. Harass, slander or use inappropriate, offensive, abusive behaviour or language towards a member of staff, customer, passenger, the Company, or other Driver.
c. Solicit any Company Clients to make private journey arrangements directly or with any other third party.
d. Provide false or misleading information to the Company, a Company Client or another Driver.
e. Fail to complete a booking, after agreeing to cover that trip by accepting the trip offer, without speaking to the despatch agent or other authorised agent of the Company.
f. Mark a booking as completed when they didn’t pick up the assigned passenger.
g. Allow a non-subscribing driver to operate or access the in-vehicle equipment supplied by the Company
h. Allow a non-subscribing driver to procure work or attempt to procure work from a customer of the Company.
i. Fail to declare to the Company any pending complaints with the regulator, health issues, non-spent criminal convictions or any other information that may affect his/her driving licence and/or private hire vehicle or hackney carriage driver’s licence.
j. Fail to follow the set operational procedures for completing an allocated fare as provided by the Company from time to time, including the advising of arrival, passenger-on-board or set down at the correct times, updating an estimated time of arrival or advising of a late arrival.
Termination
3.1 This Agreement will terminate (but without prejudice to any pre-existing liability incurred by either party hereunder):
a. on the expiry of 7 days from the date of written notice to terminate given and served on one party by the other; or

b. immediately upon the Company giving notice if the Driver:

i. is expelled from any recognised trade association including but not limited to other taxi radio circuits, trade unions and credit unions;
ii. is guilty of any grave misconduct or wilful neglect in the discharge of the duty of a licensed phv or taxi driver which may include a complaint against the Driver which is upheld by the Company or the Public Carriage Office;
iii. becomes of unsound mind or if while a patient within the meaning of the Mental Health Act 1959 (as amended) an Order shall be made in respect of property under Section 102 of that Act or any statutory modification or re-enactment thereof.
iv. is convicted of any criminal offence other than an offence which in the reasonable opinion of the Company should not warrant terminating this Agreement;
v. at any time does not hold a valid PHV Driver’s Licence or Taxi Driver’s License or adequate motor insurance including hire and reward and public liability cover;
vi. fails whether by act or omission in the opinion of the Company to protect any equipment rented to it by the Company;
Extent of Company’s Liability

4.1 Nothing in these Conditions excludes or limits the Company’s liability for death or personal injury arising from the Company’s negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

4.2 To the fullest extent permitted by law the Driver acknowledges and agrees that the Company will not be liable to the Driver or any third party for any indirect or consequential losses or for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management and/or office time, however arising and whether caused by tort (including negligence), breach of contract or otherwise, (even if foreseeable) resulting from the Drivers use of the App and/or Services.
Data and Data Privacy
5.1 The Company is committed to protecting and respecting Drivers’ privacy. All data collected and used by the Company is held in accordance with the relevant legislation and is subject to our Privacy Policy.
5.2 The Company is a Controller and Processor of Personal Data and Drivers are Sub-Processor of that information.

5.3 To facilitate provision of passenger transport services Personal Data may be provided to Drivers as a Processer by the Company which may include, but is not limited to: names, telephone numbers, email addresses, address, access requirements and lifestyle information.

5.4 Drivers shall, in relation to any Personal Data provided to by the Company:

a. Process Personal Data in accordance with the Company’s policies and procedures, including this variation, unless otherwise required to by law;
b. Ensure that they take appropriate action and have protections in place to protect against a loss or disclosure of Personal Data;
c. Not transfer Personal Data outside of the EU or allow processing of Personal Data by any sub-processor or third-party;
d. Not make unauthorised copies of Personal Data for any reason;
e. At the request of the Company, delete or return Personal Data (and any copies of it) to the Company unless you are required by Law to retain it;
f. Notify the Company immediately if they receive a request, complaint or communication relating to Personal Data or any obligations under Data Protection Legislation; and
g. Comply with any further instructions, with respect to data processing, issued by the Company.
General
6.1 Where a Driver has a query relating to a transaction on his/her account with the Company the Driver must notify the Company within 2 days of receiving the invoice for such transaction, failing which, the Company will not process such query.

6.2 All references to gender include both genders and all singular references will include the plural and vice-versa.

6.3 The laws of England and Wales apply to these terms and conditions and any dispute relating to the provision of services by the Company shall be to the exclusive jurisdiction of the Courts of England and Wales.