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2.1. We are the holder of a private hire vehicle operator licence issued by TFL
This licence allows us to accept Bookings in for PHVs made to us by customers using our telephone service in line with Regulation 9(14) of the Private Hire Vehicles (London) (Operators’ Licences) Regulations 2000 (the 2000 Regulations)
We provide you (the Driver) with the Bookings for you to complete in line with the customer requirements.
- 2.2. Subject to your compliance with these Terms, we grant to you a limited, non-sub-licensable, non- exclusive, non-transferable, revocable, licence to: (i) access and use the CDS- A CAB DISPATCH SYSTEM Driver App and (ii) access and use any content, information and related materials that may be made available to complete the Service.
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2.3. In order for us to provide you with Booking Requests, you will be required to:
Enable use of location data sent from your devices, so that we can check whether you are in the vicinity of the Customer 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.
- 2.4. If you are in the vicinity of the Customer and are available, we may, in our absolute discretion, provide you with Booking Requests. We are not obliged to provide you with any Booking Requests.
- 2.5. If you wish to accept a Booking Request, you may do so within the CDS- A CAB DISPATCH SYSTEM Driver App. Please be advised, you must respond to the Booking Request within a certain length of time (approximately 20 seconds or for such other time limit as we may stipulate from time to time) following the time that Booking Request is shown on the App.
- 2.6. Following your Acceptance of the Booking Request, we will send to you, through the CDS- A CAB DISPATCH SYSTEM Driver App certain information relating to the Customers name and pick-up location.
- 8.1. Following your Acceptance of a Booking Request, this may result in charges becoming due to you from the Customer. In return for your access to (and licence for the use of) the Booking Services and CDS- A CAB DISPATCH SYSTEM Driver Application, we charge a commission, which is dependent on the Ride.
- 8.2. Prior to sending a Booking Request to You, a Customer is provided with an estimate of the Fare (see below). This estimate is calculated in accordance with specific algorithms applied by the CDS- A CAB DISPATCH SYSTEM Booking Application based on a range of criteria (the “Fare Estimate”). Though we take care to ensure the Fare Estimate reflects the actual Fare that a Customer may ultimately owe for any given Ride, we do not warrant that the Fare Estimate shall always be correct.
- 8.3. The Fare eventually charged to the Customer 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 Ride including waiting time; and
Tolls or charges for barrier entry and congestion charges
- 8.3.1. We reserve the right to change how we calculate the PHV Fare at any time. If we decide to change how we calculate the PHV Fare we shall notify via e-mail. If you continue to use the CDS- A CAB DISPATCH SYSTEM Driver App and the Booking Services following a change in how we calculate the PHV Fare, you shall be deemed to have consented to such change.
- 8.3.2. The PHV Fare shall be notified to you through the CDS- A CAB DISPATCH SYSTEM Driver App. For the purposes of this section 8, the PHV Fare does not include any Fees (as defined below)
- 8.4. In consideration of us allowing you to use the CDS- A CAB DISPATCH SYSTEM Driver App and provide you with the Booking Services, you agree to pay us a commission (the “Commission”) for each completed Booking.
- 8.5. 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. If you continue to use the App and the Booking Services following a change in the level of the Commission, you shall be deemed to have consented to such change. The Commission may take into account certain fees payable by the Customer.
- 8.7. Once we have received all payments relating to a Booking from the Customer, we will facilitate the payment of the all fees due relating to that Booking to you on behalf of the Customer into the bank account details you provided when you opened your Account (or such other bank account as you notify to us from time to time). We reserve the right to deduct any Commission payments owed by you to us from any payments that we should make to you, even when the Customer has not paid for any given Ride.
- 8.8. We will provide you with a weekly statement (the “Driver Statement”) by e-mail. The Driver Statement will set out details of the Bookings you have completed during the previous week and the sums due to you less Commission. We will facilitate payment of these sums (as set out in the Driver Statement) to you by electronic bank transfer within 10 working days of providing you with the Driver Statement.
- 8.9. Any tips or gratuities collected by you from the Customer shall belong to you. We do not charge Commission on such tips and gratuities.
- 8.10. If a Customer asks you to change the destination or asks you to change your route in any way, for example, by asking you to make an unscheduled stop, pick- up or drop-off, the original Fare Estimate provided to the Customer shall no longer be valid. We will notify the Customer of the new Fare Estimate and we will charge the Customer the Fare for the actual Ride Taken, rather than for the journey as indicated in the original Booking Request. The Commission payable by you for that Booking will be calculated on the basis of the final Fare.
- 8.11 Airport Barrier Charges, Car Parking and Congestion Charges will be included in the Fare quoted to the Customer. It is the Driver responsibility to pay these charges and we will not charge commission on these charges.