Ride Sherbet Driver Terms and Conditions

Sherbet London Taxis Ltd (Sherbet Taxis) is a limited company incorporated and registered in England with company registration number 08711853.

Sherbet Taxis taxi acts as a booking agent for licensed hackney taxi drivers (the  Driver) generating taxi service bookings from its Account Customers and Non-Account Customers. This service is provided under these terms and conditions.

Please read these terms and conditions carefully as they contain important information about your rights and obligations and you will be bound by them.

By accepting a booking from Sherbet Taxis, you (the Driver) agree to be legally bound by these terms and conditions.  Continued acceptance of bookings and use of the Sherbet Driver app will constitute your acceptance of these terms and conditions.

  1. Engagement and Allocation of Assignments

1.1         In the case of Non-Account bookings, the Driver enters into a contract as a principle with the relevant Customer.

1.2         The Driver permits Sherbet Taxis to collect payment from the Non-Account Customers on his/her behalf.

1.3         In the case of Account Bookings, the Driver acts as a sub-contractor to Sherbet Taxis.

1.4         Bookings are offered to Drivers though the Sherbet Driver App, and Drivers are under no obligation to accept Bookings.

1.5         Where the Driver accepts a Booking, the Driver shall perform the Services as notified by the Company and subject to the terms of this Agreement.

1.6         Drivershall be entitled to supply services to any third party during the term of this Agreement provided that this in no way creates a conflict of interest or is to the detriment to Sherbet Taxis.

1.7         The parties acknowledge that:

(a)         The Driver offers his/her services on a self-employed basis;

(b)         the Driver is not the employee, worker, agency worker, agent, partner or servant of Company and that, therefore, the Driver shall not be entitled to any pension, holiday pay, sick pay or any other payments or entitlements a worker or employee may be entitled to receive;

1.8         Sherbet Taxis has sole discretion over which bookings to allocate to which Driver.

 

 

 

  1. Payment

2.1.        Sherbet Taxis will pay the Driver for bookings carried out between Monday and Tuesday by the last working day of the following week, less the commission and booking fee.

2.2.        In the case where the Driver also rents a vehicle from Sherbet Taxis, the Driver authorises Sherbet Taxis to off-set any payments due to the Driver for the provision of taxi ride services against rental payments due by the Driver to Sherbet Taxis.

  1. Sherbet Driver App

3.1         The Sherbet Driver App (the App) can be downloaded from the App store for i-phone devices and from Google Play for Android devices.  On application, Sherbet Taxis will provide drivers with a unique user account and password.

3.2         The Driver must ensure the access data remains confidential and no other persons are permitted to access the booking system via their account.

3.2         The Driver will need to provide his/her own mobile device in order to download the App and will be responsible for all costs associated with such mobile device including, without limitation, any data or call charges.

3.3         Drivers are encouraged to use the App at all times when working to be available for new bookings.  The Driver is free to use the App at any time and no minimum or maximum periods of use are applied save that the Driver ensure that compliance with any regulatory and insurance requirements imposed as a provider of the Transportation Services particularly in respect of periods of rest.

3.4         Notwithstanding the provisions of Condition 3.1, Sherbet Taxis does not guarantee availability nor the uninterrupted or error-free use of the App and shall not be liable for any damage, loss, claims, costs or expenses resulting from or as a consequence of scheduled or unscheduled downtime, unavailability or slowness.

3.6         Nothing in these Conditions shall constitute the Driver acting as an agent of Sherbet Taxis. The Driver shall not have any right or power whatsoever to contract on behalf of Sherbet Taxis or bind Sherbet Taxis in any way in relation to third parties unless specifically authorised to do so.

3.7         The Driver must ensure that the App is installed and running on his/her device, with the location function active, and the device is in the Vehicle whilst carrying out a booking.  This includes a period of 1 hour prior to the scheduled pickup time.

 

  1. Journey Prices

4.1.        Sherbet Taxis operate fixed prices for journeys based on the distance, pick up and drop off location.  There is a minimum price for any booking.  The price includes the average cost of pre-booking the taxi including the cost of driving to the pickup point and potential revenue foregone by the driver in making sure they are available at the pre-booked time. The journey cost may, therefore, be higher or lower than a metered fare for the equivalent street-hail journey.

4.2         Drivers pay Sherbet Taxis a Booking Fee of £1.66 for each booking received and Driver Commission of 10% of the Journey Price.  VAT is payable on the Booking Fee and Driver Commission.

4.3         The Net Price, being the Journey Price less Driver Commission, Booking Fee and VAT is paid to the Driver weekly for all bookings carried out in the previous week.

4.4         The Net Price is displayed to drivers in the Sherbet App. By accepting the

  1. Waiting Time Allowance and Charges.

5.1         The Driver agrees not to charge waiting time provided passengers enter the taxi no more than 5 minutes after the booked pick-up time for non-airport pickups.

5.2         If the passenger gets in the vehicle after 5 minutes for a non-airport pickup, waiting time becomes chargeable for every minute past the booked pickup time.

5.3         The Net Price charged for waiting time is £0.45 per minute.

5.4         Any claims for waiting time, parking charges, tolls, or other additional items must be advised by the Driver to Sherbet Taxis within 24 hours of the journey taking place.  These details can be submitted via the Sherbet Driver App.

  1. Airport Pickup Bookings

6.1         Drivers are required to provide a ‘Meet and Greet’ service for all airport pickups.  The Driver shall park in the short-term car park, wait in the arrivals hall for passengers with a name board clearly displaying the passenger’s name.

6.2         The cost of the short-term car park is charged to the Customer at cost.  The Driver must keep a copy of the car park entry ticket for 7 days following the booking to provide to Sherbet Taxis if requested.

6.3         The Driver must check the flight arrival time using the Internet and be in the arrivals hall within 25 minutes for an international flight and 10 minutes for a domestic flight of the flight arrival time.

6.4         The Driver should make contact with the passenger through text message on arrival in the arrival terminal.

6.5         If the Customer is delayed coming through the terminal, the Driver can claim waiting time from 30 minutes after the flight has landed.

6.6         If the Customer wishes to select a later pick-up time later than 30 minutes after the scheduled arrival time, they can enter this as the pick-up time of the booking, with a note stating that they don’t want drivers to come any earlier even if the flight lands before its scheduled time. If the flight is delayed in this instance, the Driver shall revert to a pickup time of 30 minutes after the flight arrival time.  Waiting time will be payable from the requested pickup time or 30 minutes after the arrival time for a late flight.

  1. Soilage Charge

7.1.        In the event of a vehicle being soiled by a passenger, the Driver must inform Sherbet Taxis within 30 minutes and is entitled to claim a ‘soiling charge’ for the cost of cleaning the vehicle.  A photograph should be taken after the passenger has alighted to support the claim.

  1. Driver Obligations

8.1.        The Driver must hold a valid Hackney Carriage taxi license valid in the area in which he/she is operating.

8.2         The Driver must hold valid insurance to provide the service.

8.3         The Driver must ensure that the vehicle used is fully licensed for the area in which he/she is operating.

8.4         The Driver must ensure that the vehicle registration, colour, make and model and advertising livery details are correct and advise Sherbet Taxis immediately if there are any changes.

8.5         The Driver must provide a first class service to passengers to differentiate the service from private hire operators and other taxi booking services: bottled water should be provided on arrival, drivers should be courteous, smartly dressed and attentive to passengers’ needs.

8.6         Drivers must ensure their vehicle is cleaned to a high standard, free of any personal possessions and kept at a comfortable temperature prior to the pick-up.  Air-conditioning and heating must be used to achieve a comfortable temperature.

8.7         In the event of any delays, deviations, disputes with passengers, or service issues occurring during a journey, the Driver must inform Sherbet Taxis as soon as possible.

8.8         In the event of a complaint from a customer relating to a booking, Sherbet Taxis will investigate the complaint.  The Driver must provide a detailed response to customer complaint queries within 24 hours of the request.

  1. Extent of Sherbet Taxis’ Liability

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

9.2         The material displayed on the Sherbet Driver App is provided without any guarantees, conditions or warranties as to its accuracy. You must bear the risks associated with the use of the App, the Services and the internet.

9.3         To the fullest extent permitted by law, Sherbet Taxis (including its officers, directors and employees) and third parties (including any agents or sub‑contractors) connected to it hereby expressly exclude:

9.3.1     all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity in it provision of the Services and/or use of the App; and

9.3.2     any liability arising under or in connection with:

9.3.2.1 use of, or inability to use, the App and/or Services;

9.3.2.2 use of or reliance on any content displayed on the App;

9.3.2.3 incompatibility of the App with any of electronic and/or mobile equipment, devices, software or telecommunications links; and

9.4         To the fullest extent permitted by law the Driver acknowledges and agrees that Sherbet Taxis 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 your use of the App and/or Services.

9.5         Sherbet Taxis will not be liable for any loss or damage caused by a virus, distributed denial‑of‑service attack, or other technologically harmful material that may infect your electronic and/or mobile equipment, computer programs, data or other proprietary material due to your use of the App and/or the Services or to your downloading of any content on it, or on any website linked to it.

9.6         Sherbet Taxis shall not be in breach of these Conditions nor liable for any delay in performing, or failure to perform, any of its obligations under these Conditions if such delay or failure results from events, circumstances or causes beyond its reasonable control.

  1. Alteration to these Terms & Conditions

10.1       Sherbet Taxis may alter these terms and conditions from time to time and post the new version on its website, following which all Bookings will be governed by the new version. The Driver must check the terms and conditions on the website regularly. The terms governing the purchase of any Service will be the terms in place at the time of the booking concerned.

  1. Intellectual Property Ownership

11..        Sherbet Taxis (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, the App and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, the App or the Services.

11.2.     These terms and conditions do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the App or the Services, or any intellectual property rights owned by Sherbet Taxis.

11.3.     Sherbet Taxis’ name, logo and the product names associated with the App and the Services are trademarks of Sherbet Taxis or third parties, and no right or license is granted to use them other than to use our Services in accordance with these terms and conditions.

  1. Termination of Account

12.1.     This agreement is terminable by either party in writing on 7 days’ notice at any time without any reason being given and may also with immediate effect be terminated by Sherbet Taxis without notice at any time if it reasonably believes the Driver has breached these terms and conditions.

  1. Severance

13.1       If any part of these terms and conditions are found to be unlawful, invalid or unenforceable, that part shall be deemed to be deleted and the remaining terms and conditions shall not be affected and shall continue to apply in full.

 

 

 

  1. Third party rights

14.1       No rights shall arise under or in connection with these terms and conditions to any person who is not a party to them.

  1. Applicable Law

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

  1. Data and Data Privacy

16.1      By downloading and/or using the App you consent to Sherbet Taxis processing your Personal Data. Sherbet Taxis will process your Personal Data for purposes connected with the Services. From time to time, Sherbet Taxis may process your Personal Data in order to notify you of opportunities connected with the Services either directly or by an affiliate of Sherbet Taxis. When processing your Personal Data, Sherbet Taxis will take appropriate technological measures to protect and keep your Personal Data secure and shall process your information in accordance with Data Protection Laws. Your Personal Data may be processed outside of the EEA.

16.2      In order to allow you to provide the Transportation Services, Customer Personal Data may be transferred to you by Sherbet Taxis. You must keep this Customer Personal Data safe and secure at all times and not allow access to any third parties to such information. You must not store any Customer Personal Data on your mobile device or any other mobile telephone (other than on the App) or otherwise process any Customer Personal Data unless the Customer provides you with express permission to do so.

16.3      In order to allow Sherbet Taxis to provide the Services, Sherbet Taxis will provide Customers with your information so that the Customer can identify you as the provider of Transportation Services. Sherbet Taxis shall provide Customers with your name, vehicle details including registration number, telephone number and such other details in your Driver Account which may help the Customer to identify you and you confirm that you give your permission for Sherbet Taxis to transfer this information to the Customer.

16.4      Sherbet Taxis also processes your Personal Data in accordance with Sherbet Taxis’s Privacy Policy, please ensure that you read this document before using the App. By using the App, you acknowledge and confirm that you have understood the use of your Personal Data set out in the Privacy Policy.

16.5      You confirm that at all times when accessing the Services and Customer Personal Data, you will:

16.5.1   comply with all Data Protection Laws;

16.5.2   not knowingly or recklessly do anything which would put Sherbet Taxis in breach of its obligations under Data Protection Laws; and

16.5.3   indemnify Sherbet Taxis in full for any losses which it incurs as a result of a breach by you of this Condition 16.

16.6      You must:

16.6.1   notify us immediately if you become aware of any Customer Personal Data Breach;

16.6.2   provide all information relating to the Customer Personal Data Breach which is in your possession; and

16.6.3   comply with our reasonable instructions in relation to the contamination and remediation of the Customer Personal Data Breach.