DRIVER PARTNER TERMS AND CONDITIONS OF BUSINESS
These terms and conditions of business govern the general services provides by PEACEFUL
CARS LTD (PCL) to you in your capacity as a self-employed individual in business. The terms
apply to your access to and use of the Driver Partner App, Journey Booking System and Driver
Partner Portal, our provision of the Ancillary Services and your business engagement with PCL.
The terms shall apply on each occasion you use our services including the Journey Booking
Service and Driver Partner Portal, and for a period of 6 years from the last time you log out.
Where references are made to “you” throughout these terms, they shall mean you in your
capacity as a self-employed individual in business.
1. DEFINITIONS
Ancillary Services: PCL's provision of introducer and agency (including acting as your limited
disclosed payment collection agent) services as set out and limited in this agreement,
together with providing or procuring the provision of ancillary Driver Partner engagement
services, being PDA management, regulatory compliance, Driver Partner training and support
to Driver Partners, to the extent requested by you.
Booking: the booking of a Journey by a Passenger or a Corporate Account Customer for the
purposes of applicable law but for the avoidance of doubt does not include entering into a
contract for the provision of transportation services.
Booking Fee: such fee as you and PCL may from time to time agree that you shall collect on
behalf of a PEACEFUL CARS LTD from a non-Corporate Account Passenger in relation to any
charge by that PEACEFUL CARS LTD to the Passenger for the Booking.
Booking Method: the various methods used by Operator for the invitation and processing of
Bookings including but not limited to those made via telephone, mobile application, and or
website. CA Journey
Agreement: as defined in Journey Agreement. Cash Bookings: bookings from non-Corporate
Account Passengers who pay in cash. Corporate Account Bookings: Bookings from Corporate
Account Customers.
Corporate Account Customer: a person or organization which contracts with a PCL for the
carrying out of Journeys, the fares for which are paid periodically on account to the PCL.
Credit Card Bookings: Bookings from non-Corporate Account Passengers who pay by credit
or with debit card. Driver Partner/you: a private-hire vehicle driver holding either (a) a valid
private-hire driver licence issued by a relevant Local Authority and / or (b) a valid Hackney
Carriage Driver’s licence. Driver
Partner App: mobile application software owned by VSL via which you are connected to the
Journey Booking System for the availability of Bookings.
Driver Partner Portal: Mobile or website application software owned by PCL for use as the
main means of communication between you and PCL via which you can access or upload
information regarding your business engagement by PCL.
Journey: the service of conveying a Passenger from one location to another in a Vehicle. Journey
Agreement: the agreement in terms of which you provide the Journey (a) being an agreement (in
relation to any non-Corporate Account Passenger Journey) between you and the Passenger (an “NCA
Journey Agreement”) or (b) being an agreement (on the terms set out in this agreement) between
you and the Operator (in relation to any Corporate Account Customer Journey) (a “CA Journey
Agreement”).
Journey Booking System: a digital system licensed by PCL and made available to Operator to input
Bookings and via which Bookings are offered to Driver Partners and which is made available to the
Driver Partners through the Driver Partner App.
Journey Fares: the sum payable for the Journey as determined automatically by the Journey Booking
System and confirmed via the Driver Partner App at the end of the Journey. Local Authority: the
relevant local authority in the area you operate as a Driver Partner under these Terms. Local Authority
Licensing Conditions: the conditions imposed by the Local Authority on you as a Driver Partner. NCA
Journey Agreement: as defined in Journey Agreement.
Operator: the licensed private-hire operator under whose regulatory approvals you operate depends
on where you operate. Peaceful Cars LTD operate from the following hub premises: Birmingham
Business Park, 1310 Solihull Parkway, Solihull, Birmingham, B37 7YB
Passenger: a person who takes a Journey in a Vehicle (including where such person's Journey has been
booked by a Corporate Account Customer and the Corporate Account Customer is not the passenger).
PDA: personal digital assistant. Services: your access and use of the Journey Booking System, Driver
Partner Portal and Driver Partner App and any PDA device supplied to you. Set Up Process: the process
of becoming a Driver Partner with PCL.
Terms: these terms of business and all attached schedules.
Peaceful Cars LTD: means any company which at the relevant time is a subsidiary or holding company
of PCL or any subsidiary of any such holding company and `subsidiary' and 'holding company' shall
have the meanings given to them by the Companies Act 2006 Section 1159.
Vehicle: the vehicle you use when operating as a Driver Partner under these Terms. PCL: Peaceful Cars
Limited, a UK private limited company with registered number 14550478 and registered office at UBC
Serviced Office. Birmingham Business Park, 1310 Solihull Parkway, Solihull, Birmingham, B37 7YB
2. NATURE OF RELATIONSHIP
2.1. You are a self-employed licensed private-hire vehicle driver or self-employed licensed Hackney
Carriage vehicle driver. By agreeing to these Terms, you warrant that you:
2.1.1. hold a valid driving licence and that you agree to comply with random checks undertaken by or
on behalf of VSL;
2.1.2. hold a valid private-hire vehicle driver’s licence and/or Hackney Carriage licence;
2.1.3. hold a full current DVLA licence to drive that class of vehicle;
2.1.4. will, if and when you agree a Journey Agreement relating to a journey, provide transportation
services
2.1.4.1. to any non-Corporate Account Passenger; and
2.1.4.2. for any Corporate Account Passenger in a professional manner with due skill, care and
diligence and maintain high standards of professionalism, service and courtesy, it being
acknowledged that the PCL brand and ability successfully to offer Driver Partners attractive
Bookings is dependent on us each consistently operating in a professional manner towards
Passengers;
2.1.5. shall use, for every Journey carried out by you relating to a Booking, the Vehicle, which will be:
2.1.5.1. provided in a safe, roadworthy and good operating condition, consistent with industry
safety and maintain standards for a Vehicle of its kind, in a clean and sanitary condition;
2.1.5.2. properly registered with the Local Authority as a private-hire vehicle or Hackney
Carriage vehicle being used by you;
2.1.5.3. subject to a valid policy of insurance in accordance with these Terms
2.1.5.4. compliant with any Local Authority Licensing Conditions applicable to it; and
2.1.5.5. compliant with any other legal road safety obligations;
2.1.6. shall comply with the Local Authority Licensing Conditions applicable to you;
2.1.7. shall comply with any statutory obligations imposed on you for road and passenger
safety
2.1.8. are not VAT registered in the United Kingdom;
2.1.9. are a self-employed individual in business actively engaged as an independent individual
in business on a regular basis in the provision of transportation services;
2.1.10. shall comply with all applicable laws, statutes, regulations and codes from time to time
in force; and
2.1.11. you are the principal in relation to Journeys undertaken for non-Corporate Account
Passengers and are responsible for completing the Journey for the Passenger in accordance
with your NCA Journey Agreement with the Passenger; and
2.1.12. you are the Operator's subcontractor in relation to Journeys for Corporate Account
Customer and are responsible for completing the Journey for the Passenger in accordance with
the CA Journey Agreement with the Operator (as further described at clause 2.2.3 below).
2.2. We will PCL provide you with access to the Driver Partner App and the Driver Partner Portal
together with the Ancillary Services. Three different types of Bookings will be made available to you
through the Driver Partner App:
2.2.1. Cash Bookings: if you accept a Cash Booking, you will, if you and the Passenger agree
(at pick up) respectively to provide and pay for a journey, enter into a direct Journey
Agreement with Passengers (i.e., you are the principal contracting with Passengers). VSL,
together with Operator, acts as your disclosed introducer in connecting you with, and
facilitating the opportunity for you to provide Journeys to Passengers.
2.2.2. Credit Card Bookings: if you accept a Credit Card Booking, you will, if you and
the Passenger agree (at pick up) respectively to provide and pay for a Journey, enter
into a Journey Agreement with the Passenger (i.e., you are the principal contracting
with Passengers). PCL, together with Operator, acts as your disclosed introducer in
connecting you with, and facilitating the opportunity for you to provide transportation
Journeys to Passengers. PCL (including by way of another Peaceful Cars Ltd Company
acting by way of sub-agent): (a) also acts as your disclosed agent in collecting
payments on your behalf including with respect to any deposit or prepayment, and (b)
is responsible for negotiating and determining the applicable journey tariffs for you.
2.2.3. Corporate Account Bookings: if you accept a Corporate Account Booking your
CA Journey Agreement will be with the Operator, and:
2.2.3.1. Operator is the principal contracting with Corporate Account
Customers;
2.2.3.2. You will act as a sub-contractor of Operator; and
2.2.3.3. PCL acts (a) as your disclosed agent in connecting you with Operator
(with whom you will contract) and facilitating the opportunity for you to provide
transportation services as the sub-contractor of Operator and (b) as your disclosed
agent collecting payments on your behalf from Operator.
2.3. You acknowledge and agree that, save for the provision of transportation services
by Operator to Corporate Account Customers, neither PCL nor any PCL Ltd contracts
for or provides Journeys or otherwise provides transportation services, functions as a
transportation carrier or agent for the transportation of Passengers.
2.4. PCL contracts with Operator and supplies it with access to use the Journey
Booking Service for accepting and recording Bookings from Passengers including
Corporate Account Customers and for the provision of sub-agency and sub-introducer
services as above. Operator is your regulated operator and is responsible for inviting
and accepting Bookings which it records on the Journey Booking System allowing you
to accept or decline them as you wish. Separate terms of business apply between PCL
and Operator for Operator’s use of the Journey Booking System. Where a Booking
results in a completed Journey, Operator charges a fee per completed Journey to VSL
acting as principal. Your ability to multi-app is subject to the licensing regulations
permitting you to operate with multiple private-hire operators as follows: a) the Local
Authority Licensing Conditions relevant to you as a licensed driver; b) the Local
Authority Licensing Conditions which apply where the booking is accepted to the
extent they differ to the above.
2.5 above, nothing in these Terms precludes you from operating as a Driver Partner
with any other private-hire operator subject to your duty of care towards any
Passengers. If you operate with multiple operators and you accept a booking from
another operator, it is a requirement that you log out
2.6 If the relevant Local Authority Licensing Conditions are satisfied as per clause of
the Journey Booking System and Driver Partner Portal and remove any magnetic strips
/ stickers from the Vehicle whilst carrying out that Journey.
2.7 Nothing in these Terms precludes you from sharing the use of the Vehicle or your
access to the Journey Booking System and Driver Partner Portal with another Driver
Partner subject to the following:
2.7.1 Any such Driver Partner must agree to these Terms with PCL on their
own behalf;
2.7.2 You have notified Operator and PCL of the arrangement between you;
and
2.7.3 You and the Driver Partner enter into separate terms with PCL relating
to the sharing arrangement
2.8 If you use the services of another PCL Ltd, separate terms and conditions will apply
between you and those companies as necessary although PCL may collect payment on their behalf
from you.
2.9 You may in relation to certain Bookings agree with us to collect a Booking Fee on behalf of
the relevant PCL.. Where you do collect such a Booking Fee you shall do so as our disclosed
agent (and in this respect we are acting as disclosed agent of the relevant PCL Ltd) shall remit
it to us or at our direction (including by way of set-off) in such fashion as we may notify you.
2.10 Schedule 2 to this agreement sets out terms and conditions which are an example of the
terms that could be agreed by you and non-Corporate Account Passenger in relation to a
journey. In relation to Journeys for non-Corporate Account Passengers:
2.10.1 the terms and conditions in Schedule 2 are provided as part of our
Ancillary Services for ease of contracting as specimen terms and shall apply
save to the extent additional and/or alternative terms are agreed by you and
Passenger; and
2.10.2 you and Passenger are free to agree additional and/or alternative terms
for the Journey but please note that certain minimum requirements (for
example as set out in paragraphs 3, 4.1 and 4.2 in Schedule 2) will apply as a
matter of law whatever the terms of the special and alternative terms agreed
by the parties.
3 USING THE DRIVER PARTNER APP AND DRIVER PARTNER PORTAL
3.6 You agree not to misuse the Driver Partner App and Driver Partner Portal nor allow any
unauthorised third-party access to it. You are required to keep the unique identification codes
confidential.
3.7 You are not under any obligation to use the Driver Partner App nor the Driver Partner Portal
at any time, nor for any period of time. It is your responsibility to determine when and for how long
you log into the Driver Partner App, if at all. Accordingly, if you do not wish to operate as a Driver
Partner at any time, you are required to log out of the Driver Partner App.
3.8 PCL is not obliged to offer any Bookings to you, and you are not obliged to accept Bookings
that are offered to you. Where a Booking is accepted by you, but you subsequently decline it
the Journey Booking System will assume that, unless you have notified PCL otherwise, you are
unavailable and do not want to be bothered. The terms relating to the "do not bother" feature
will be notified to you by VSL from time to time, based on PCL's perception of what works best
for all parties and users in terms of offering an efficient and reliable system for all parties and
customers
3.9 Where you accept a Booking
3.9.1 you will use your reasonable endeavours to make yourself available to discuss
the proposed Journey with the Passenger by arriving at the pick-up address noted on
the Journey Booking System at the time specified on the Booking, or as close to such
time as legally and reasonably possible;
3.9.2 thereafter, if you agree to provide the Journey, you will agree a Journey
Agreement at the pick-up point with (as the case may be):
3.9.2.1 any non-Corporate Account Passenger; or
3.9.2.2 the Operator in relation to any Corporate Account Passenger;
3.9.3 you will comply with the Local Authority Licensing Conditions, and all
other legal requirements including but not limited to road safety laws;
3.9.4 you will use the Vehicle including for the Journey;
3.9.5 you will be fully and exclusively liable for any direct, indirect, punitive,
exemplary or consequential losses or damages of whatsoever kind arising out
of your actions or inactions in accepting and undertaking the Journey;
3.9.6 you will assist in handling and resolving any complaints from Passengers
promptly upon request by PCL or by Operator on its behalf;
3.9.7 you will contact PCL within 72 hours of you or your Vehicle being
involved in any road traffic collision
3.10 You agree to use the Driver Partner Portal as the main means of communication
for all matters except for live Bookings when passengers are on board in which case
you agree to use the dedicated telephone number provided to you by Operator. The
Driver Partner Portal hosts multiple other services that have been procured for you to
access, use or purchase in accordance with clause 2.7 above and 4.2.4 below.
3.11 PCL may suspend or disengage your access to the Driver Partner App and/or the
Driver Partner Portal at any time at its sole discretion, including but not limited to
where VSL believes that it is found / it is alleged that:
3.11.1 you provided false information as part of the Driver Partner Set Up
Process or at any time during the time you have used the Driver Partner App
or Driver Partner Portal;
3.11.2 you have behaved inappropriately towards a Passenger, Corporate
Account Customer, an employee of PCL or Operator, or any other member of
the public;
3.11.3 you have acted in breach of these Terms.
4 PAYMENT TERMS
4.6 PCL charges a weekly fee for the Services. Details of the weekly fees are available in the
Documents area of the Driver Partner Portal and will be updated as necessary and notified to
you via the Driver Partner Portal. This fee is exclusive of VAT. VSL will raise a weekly invoice
which is payable by you using the relevant payment cards (or such other agreed payment
method) provided to you from time to time. The consideration for the provision of the
Ancillary Services is subsumed within this weekly fee.
4.7 PCL shall, as disclosed payment collection agent, pay the Driver Partner in respect of a
Journey such sum as is received by it in respect of the Journey subject to deduction of any
sums due from the Driver Partner or adjustment as provided in this Agreement. Such payment
shall be made on the later of date of receipt by PCL and 7 days after the Journey. Any amounts
payable by or to you each week may be adjusted to reflect the following:
4.7.1 any Journey Fares collected on your behalf by PCL related to Credit Card
Bookings;
4.7.2 any Journey Fares owed to you related to Journeys booked by Corporate
Account Customers;
4.7.3 any Journeys for which it has been found to the reasonable satisfaction of PCL
that a Passenger has been over-charged by you;
4.7.4 any payments otherwise owed by you to a PCL LTD including in relation to a
Booking Fee;
4.7.5 any payments otherwise owed by a PCL Ltd to you, which relate to something
which has been over-charged by you.
4.8 The weekly invoice will be sent to you by email showing the weekly charge owing by you
to PCL with details of any necessary adjustments pursuant to clauses 4.2.
4.9 You acknowledge that PCL pays Operator a fee as principal for each Booking taken by
Operator.
4.10 PCL and/or an Operator may from time to time offer promotions to Passengers and/or
Corporate Account Customers to help marketing of its or their services. As part of this it may
make funds available to Passengers and/or Corporate Account Customers to pay some or all
of the Journey Fare. When it does this the funds will be made available to the Passenger and/or
Corporate Account Customer and then, at the direction of such Passenger and/or Corporate
Account Customer, paid on their behalf to you.
4.11 PCL and/or an Operator may from time to time make ex gratia payments to Driver
Partners where a non-Corporate Account Passenger has not paid partly or in full. It shall do so
entirely at its discretion and shall have no obligation to make up any shortfall for which you
are ultimately responsible.
5 TAXES
5.1. You acknowledge and agree that you are required to: (a) complete all tax registration
obligations and calculate and remit all tax liabilities related to the provision of your
transportation services as required by applicable law; and (b) provide PCL with all relevant tax
information.
5.2. You further acknowledge and agree that you are responsible for taxes on your business
income arising from the performance of transportation services. Notwithstanding anything to
the contrary in this agreement, PCL may in its reasonable discretion based on applicable tax
and regulatory considerations, collect and remit taxes resulting from your provision of
transportation services and/or provide any of the relevant tax information you have provided
pursuant to the foregoing requirements in this Clause 5 directly to HMRC on your behalf or
otherwise. You shall indemnify PCL in full against all tax claims against PCL arising from your
performance of transportation services.
6 DATA PROTECTION AND PRIVACY
6.1 Any personal data that you supply to PCL will be processed in accordance with the Privacy
Policy which can be found on the Peaceful Cars Limited website.
6.2 You agree to comply with the provisions set out in the Data Processing Agreement in
Schedule 1.
7 INTELLECTUAL PROPERTY RIGHTS
7.1 All intellectual property rights of any nature vesting in the Driver Partner Portal and Driver
Partner App together with the underlying software codes are exclusively owned by VSL.
8 AVAILABILITY OF DRIVER PARTNER APP, DRIVER PARTNER PORTAL, DISCLAIMER OF WARRANTIES
8.1VSL will use reasonable efforts to make the Driver Partner App and Driver Partner Portal
available at all times (but is under no obligation to do so). You acknowledge that the Driver
Partner App and Driver Partner Portal are provided over the internet and their quality and
availability may be affected by factors outside VSL’s reasonable control.
8.2 PCL, its group of companies and sub-contractors do not accept any responsibility
whatsoever for any unavailability of the Driver Partner App or the Driver Partner Portal, or any
difficulty in downloading or accessing content, or any other communication system failure
which may result in the Driver Partner App and/or the Driver Partner Portal being unavailable.
8.3 To the maximum extent permitted by law, PCL hereby disclaims all implied warranties with
regard to the Journey Booking System, Driver Partner App and the Driver Partner Portal. The
(software of the) Journey Booking System, the Driver Partner App and the Driver Partner Portal
is provided "as is" and "as available" without warranty of any kind.
9 LIMITATIONS OF LIABILITY AND INDEMNITY
9.1 Subject to clause 9.3, PCL is in no event liable for any direct, indirect, punitive, exemplary
or consequential losses or damages of whatsoever kind arising out of the actions or inactions of any
Driver Partners, Corporate Account Customers or Passengers
9.2 Subject to clause 9.3, PCL shall not with respect to its provision of the Journey Booking
System, the Driver Partner App, Driver Partner Portal or the Ancillary Services, be liable to you,
whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of
profits, loss of business, loss of goodwill, loss of data or for any indirect or consequential loss however
arising.
9.3 Nothing in these Terms shall exclude or limit any liability of PCL which cannot be excluded
or limited under applicable law.
10 INSURANCE
10.1 You shall at your own cost be solely responsible for taking out and maintaining in force,
with a reputable insurer, a policy of insurance for the Vehicle ensuring that it is insured for use
as a licensed private-hire vehicle or Hackney Carriage vehicle for all Journeys undertaken by
you pursuant to these Terms. You shall acknowledge that we may undertake random checks
to verify the existence of your insurance cover, and you agree to cooperate with us in respect
of any such process.
10.2 It is recommended (and may in any event be a condition of your private-hire driver licence
issued by your relevant Local Licensing Authority) that you also, at your own cost, take out and
maintain policies of insurance, with reputable insurers, covering the liabilities which may be
incurred by you arising out of your acts or omissions in connection with this agreement, and
provision of transportation services hereunder including public liability insurance and
equipment breakdown insurance
10.3 You shall, upon request and as and when each policy of insurance is renewed, provide us
with such evidence as we may reasonably require of its terms together with evidence of
payment of the last premium.
11 MISCELLANEOUS PROVISIONS
11.1 The Terms shall be governed by and construed in accordance with the law of England and
Wales.
11.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive
jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising
out of or in connection with these Terms or their subject matter or formation.
11.3 VSL shall be free to appoint any other Peaceful Cars Company to perform any of its
obligations and exercise any of its rights under these Terms, which shall perform such
obligations and exercise such rights as sub-contractor, sub-agent or sub-intermediary as
appropriate.
11.4 If any provision of these Terms shall be deemed unlawful, void or otherwise
unenforceable, then such provision shall be deemed severable from these Terms and shall not
affect the validity and enforceability of any remaining provisions.
11.5 You shall not have the right to assign this agreement without the prior written consent of
PCL. PCL may assign these terms to another entity in which case you will be notified of any
changes accordingly.
11.6 Nothing in this agreement is intended to or shall operate to create a partnership or joint
venture between the parties. Driver Partner shall have no authority to act in the name of or
on behalf of PCL, or to enter into any commitment or make any representation or warranty or
otherwise bind PCL in any way (but see clause 2.8 in relation to Booking Fees on behalf of PCL).
11.7 We may update these Terms from time to time, please check back regularly for updates.
SCHEDULE 1 – DATA PROCESSING AGREEMENT DEFINITIONS
Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate
technical and organisational measures: as defined in the Data Protection Legislation.
Data Protection Legislation: the UK Data Protection Legislation and any other European Union
legislation relating to personal data and all other legislation and regulatory requirements in force from
time to time which apply to a party relating to the use of Personal Data (including, without limitation,
the privacy of electronic communications); and the guidance and codes of practice issued by the
relevant data protection or supervisory authority and applicable to a party.
UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time
to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data
Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by
Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI
2003/2426) as amended.
1. DATA PROTECTION
1.1 Both parties will comply with all applicable requirements of the Data Protection
Legislation. This schedule is in addition to, and does not relieve, remove or replace, a party's
obligations or rights under the Data Protection Legislation. In this clause 1, Applicable Laws
means (for so long as and to the extent that they apply to the Driver Partner) the law of the
European Union, the law of any member state of the European Union and/or Domestic UK
Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that
applies in the UK.
1.2 The parties acknowledge that for the purposes of the Data Protection Legislation, PCL is
the Controller, and the Driver Partner is the Processor. Appendix 1 sets out the scope, nature
and purpose of processing by the Driver Partner, the duration of the processing and the types
of Personal Data and categories of Data Subject.
1.3 Without prejudice to the generality of clause 1.1, PCL will ensure that it has all necessary
appropriate consents and notices in place to enable lawful transfer of the Personal Data to the
Driver Partner and/or lawful collection of the Personal Data by the Driver Partner on behalf of
PCL for the duration and purposes of this agreement.
1.4 Without prejudice to the generality of clause 1.1, the Driver Partner shall, in relation to
any Personal Data processed in connection with the performance by the Driver Partner of its
obligations under this agreement:
(a) process that Personal Data only on the documented written instructions of PCL
which are set out in Appendix 1 unless the Driver Partner is required by Applicable
Laws to otherwise process that Personal Data. Where the Driver Partner is relying on
Applicable Laws as the basis for processing Personal Data, the Driver Partner shall
promptly notify PCL of this before performing the processing required by the
Applicable Laws unless those Applicable Laws prohibit the Driver Partner from so
notifying PCL;
(b) ensure that it has in place appropriate technical and organisational measures to
protect against unauthorised or unlawful processing of Personal Data and against
accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm
that might result from the unauthorised or unlawful processing or accidental loss,
destruction or damage and the nature of the data to be protected, having regard to
the state of technological development and the cost of implementing any measures
(those measures may include, where appropriate, pseudonymising and encrypting
Personal Data, ensuring confidentiality, integrity, availability and resilience of its
systems and services, ensuring that availability of and access to Personal Data can be
restored in a timely manner after an incident, and regularly assessing and evaluating
the effectiveness of the technical and organisational measures adopted by it);
(c) ensure that all personnel who have access to and/or process Personal Data are
obliged to keep the Personal Data confidential; and
(d) not transfer any Personal Data outside of the European Economic Area unless the
prior written consent of PCL has been obtained and the following conditions are
fulfilled:
(i) PCL or the Driver Partner has provided appropriate safeguards in relation
to the transfer;
(ii) the data subject has enforceable rights and effective legal remedies;
(iii) the Driver Partner complies with its obligations under the Data Protection
Legislation by providing an adequate level of protection to any Personal Data
that is transferred; and
(iv) the Driver Partner complies with reasonable instructions notified to it in
advance by PCL with respect to the processing of the Personal Data;
(v) assist PCL, at PCL's cost, in responding to any request from a Data Subject
and in ensuring compliance with its obligations under the Data Protection
Legislation with respect to security, breach notifications, impact assessments
and consultations with supervisory authorities or regulators;
(f) notify PCL without undue delay on becoming aware of a Personal Data Breach;
(g) at the written direction of PCL, delete or return Personal Data and copies thereof
to PCL on termination of the agreement unless required by Applicable Law to store
the Personal Data; and
(h) maintain complete and accurate records and information to demonstrate its
compliance with this schedule and allow for audits by PCL or PCL's designated auditor
and immediately inform PCL if, in the opinion of the Driver Partner, an instruction
infringes the Data Protection Legislation.
1.5 PCL does not consent to the Driver Partner appointing any third-party processor of Personal Data
under this agreement.
1.6 Either party may, at any time on not less than 30 days’ notice, revise this schedule by replacing it
with any applicable controller to processor standard clauses or similar terms forming part of an
applicable certification scheme (which shall apply when replaced by attachment to this agreement).
APPENDIX 1 – PROCESSING, PERSONAL DATA AND DATA SUBJECTS
1. PROCESSING BY THE DRIVER PARTNER
1.1 SCOPE
For the purposes of undertaking Journeys. Driver Partners will have access to Personal Data such as
name(s) of Passenger(s), pick up and destination address, supplied to their PDA as provided by the
Passenger to the Operator. In certain circumstances, the Driver Partner may be told that a Passenger
requires assistance due to a protected characteristic (the nature of such protected characteristic will
not be supplied to the Driver Partner) although the nature of assistance will be explained to them.
1.2 NATURE
The nature of the processing will be the receiving and processing of Personal Data in order to fulfil a
journey as booked.
1.3 PURPOSE OF PROCESSING
To undertake Journeys.
1.4 DURATION OF THE ROCESSING The following details will be available to the Driver Partner on
accepting a Booking and until the Journey is completed: name of Passenger(s), pick up and destination
address, date, time and payment type (cash, card or account). Certain details (namely, pick up and
destination address, date, time and payment type (cash, card or account)) will remain in the previous
jobs section of each Driver Partners' PDA indefinitely. The name of the Passenger or any contact
information will not be visible on the Driver Partner App by the Driver Partner following completion
of the Journey.
2. TYPES OF PERSONAL DATA
2.1. Name
2.2. Pick up addresses – which may be home addresses
2.3. Destination addresses – which may be home addresses
2.4. Personal characteristics requiring particular type of vehicle/ assistance for travelling
Passenger
2.5. Personal characteristics such as health/ disability when transporting from to & from
medical facilities
3. CATEGORIES OF DATA SUBJECT
3.1. Passengers
SCHEDULE 2
GENERAL TERMS AND CONDITIONS BETWEEN DRIVER PARTNER AND PASSENGER FOR JOURNEY
THESE TERMS AND CONDITIONS ARE AN EXAMPLE OF THE TERMS THAT COULD BE AGREED BY A
DRIVER PARTNER AND PASSENGER IN RELATION TO A NON-CORPORATE ACCOUNT JOURNEY. THEY ARE
SUGGESTED FOR EASE OF CONTRACTING AND SHALL APPLY SAVE TO THE EXTENT ADDITIONAL
AND/OR ALTERNATIVE TERMS ARE AGREED BY THE DRIVER PARTNER AND PASSENGER. THE DRIVER
PARTNER AND PASSENGER ARE FREE TO AGREE ADDITIONAL AND/OR ALTERNATIVE TERMS FOR THE
JOURNEY BUT PLEASE NOTE THAT CERTAIN MINIMUM REQUIREMENTS (FOR EXAMPLE AS SET OUT IN
CLAUSES 3, 4.1 AND 4.2) WILL APPLY AS A MATTER OF LAW WHATEVER THE TERMS OF THE SPECIAL
AND ALTERNATIVE TERMS AGREED BY THE PARTIES.
BACKGROUND:
(A) The Driver Partner shall provide the Journey for the Passenger in accordance with the terms of
these General Terms and Conditions which is a contract for services.
(B) Services under these General Terms and Conditions may, for reasons of convenience, be paid for
via a third party, but the parties acknowledge and accept that any payment relating to those services
shall be the ultimate responsibilities of the Passenger and paid under or in consequence of this
Agreement between the Driver Partner and Passenger and not under any agreement between the
Passenger and any third party.
It is agreed as follows:
DEFINITIONS AND INTERPRETATION
In these General Terms and Conditions, unless the context otherwise requires, the following
definitions shall apply:
"Booking" means the process of the Passenger requesting via a PCL that a Driver Partner be made
available (subject to agreement between the Driver Partner and the Passenger of the terms of the
actual Journey) for the provision of a Journey;
“Driver Partner” means the licensed private-hire vehicle driver or licensed Hackney Carriage vehicle
driver providing transportation services under this contract; "Journey" means the service of conveying
a Passenger from one location to another in a vehicle, such locations to be agreed orally or otherwise
between or on behalf of the parties;
“Passenger” means the individual being conveyed by the Driver Partner from one location to another
in a vehicle; and
"Peaceful Cars LTD" means any company which at the relevant time is a subsidiary or holding company
of Peaceful Cars Limited of 14550478 or any subsidiary of any such holding company, and "subsidiary"
and "holding company" shall have the meanings given to them by the Companies Act 2006 s1159.
1. COMMENCEMENT
1.1 The contract shall come into being at the moment the Driver Partner agrees with the
Passenger to provide the Journey and shall terminate on completion of the Journey. Neither party
shall owe the other any contractual obligations to the other relating to the Booking or Journey
prior to or after that period save to the extent of payment still requiring to be made and
reasonable steps being taken by the Driver Partner to return lost property.
2. DRIVER PARTNER'S OBLIGATIONS The Driver Partner shall:
2.1 Provide the Journey in a professional manner with due skill, care and diligence, maintain
high standards of professionalism, service and courtesy; and
2.2 Comply with Local Authority Licensing Conditions and statutory obligations relating to road
and passenger safety applicable to the Driver Partner.
2.3 Charge the Passenger the applicable fare for the Journey as confirmed at the end of the
Journey on the Driver Partner App
2.4 Accept the payment method notified on the Booking.
2.5 Where applicable collect any PCL Booking Fee from the Passenger as collection agent for
the relevant PCL;
2.6 Collect any other charges payable by the Passenger to any PCL.
3. PASSENGER OBLIGATIONS
The Passenger shall:
3.1 Not endanger or threaten to endanger the Driver Partner or damage or threaten to damage
the Driver Partner’s property including any vehicle;
3.2 Comply with applicable road safety laws;
3.3 Pay the fare for the Journey using the payment method they specified at the time of
Booking where relevant;
3.4 Pay such other costs as may apply where the Journey involves car park charges, tolls, wait
times or extras;
3.5 Where applicable pay any PCL Booking Fee to the Driver Partner as collection agent for the
relevant PCL; and
3.6 Comply with such health and safety requirements (including the wearing of face masks) as
may be notified to the Passenger.
4. DRIVER PARTNER'S STATUS
4.1 The parties acknowledge that the Driver Partner is not an employee of, or worker in
relation to, of the Passenger or any PCL and is a licenced professional driver operating on a
self-employed basis and accordingly the Driver Partner shall, subject to working towards
meeting the Passenger's objectives relating to the Journey, determine generally how the
Journey shall be supplied.
5. GENERAL
6.1 The Passenger's obligation to pay is discharged by making payment in accordance with this
Agreement
6.2 Where any Booking Fee is payable by the Passenger to any PCL, the Passenger shall, unless required
otherwise by that Company, pay the Driver Partner who shall receive that Booking Fee as agent for the
relevant Company.
6.3 These General Terms and Conditions constitute the entire agreement between the parties and
supersedes all previous agreements and arrangements (if any) whether written, oral or implied
between the Passenger and the Driver Partner relating to the Journey.
6.4 These General Terms and Conditions and the provision of the Journey shall be governed by and
construed in all respects in accordance with English law and the Courts of England and Wales shall
have exclusive jurisdiction.
SCHEDULE 3
NOTIFICATION RELATING TO YOUR BUSINESS RELATIONSHIP WITH VEEZU OPERATOR ("VEEZU OPERATOR")
You have access to a Driver Partner App, Journey Booking System and Driver Partner Portal under
the terms of your agreement with Peaceful Car Limited ("VSL").
The Operator ("PCL") has been appointed by PCL to provide access, as a licensed private hire
operator, to Bookings for driver partners including you
This document is an information sheet which confirms the arrangement under which PCL
Operator acts as the private-hire operator relating to Journeys undertaken by you in the area in
which you operate, effectively as your compliance partner for private-hire operations. Please note
that these terms apply to you as a supplement to the Terms & Conditions of Business which you
have agreed with PCL and are issued to you by PCL as an agent for PCL Operator.
The defined terms referred to below are the same as those used in the Driver Partner Terms &
Conditions of Business you have agreed with PCL.
1. PCL Operator is the licensed private-hire operator in respect of Bookings accepted via the Driver
Partner App in the area in which you operate.
2. In its capacity as the Private Hire Operator for those Bookings, PCL Operator will do the following:
2.1. fulfil the regulatory obligations applicable to it as a Private Hire Operator - it is the
regulated bookings operator with whom you engage in relation to bookings for potential
Journeys via the Driver Partner App;
2.2. fulfil the regulatory obligations arising from your relationship with PCL as a self-employed
private-hire vehicle driver in undertaking transportation services relating to Bookings via the
Driver Partner App;
2.3. process your Personal Data in accordance with the Driver Partner Privacy Policy to which
you have previously agreed.
3. In its capacity as private-hire operator, PCL Operator will invite and process the following types of
Bookings:
3.1. Cash Bookings
3.2. Credit Card Bookings
3.3. Corporate Account Bookings
4. For Cash Bookings and Credit Card Bookings, you are the principal in relation to any Journey
Agreements agreed by you with any Passenger. If you proceed with the Journey you will enter into a
direct contractual relationship with the Passenger. PCL Operator will connect you with the Passenger.
Any fare payable for any Journey you agree by way of a cash payment will be
payable to you directly from the Passenger or will be payable as a credit card payment via VSL
in the following Weekly Access Fee payment cycle.
5. For Corporate Account Bookings, PCL is the principal and it will enter into a direct contractual
relationship with the Corporate Account Customer. You will act as the sub-contractor of PCL in
undertaking the Journey. You will not have any direct contractual relationship with the Corporate
Account Customer. You will receive the fare payable for the Journey via PCL in the following Weekly
Access Fee payment cycle.
6. You should read this supplemental notice in conjunction with your Terms & Conditions of Business
with PCL. By accepting those Terms and Conditions you confirm your understanding of the above.
Name:
Address:
Licence Number:
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