Terms and Conditions

Drivers Terms & Conditions

Please read these Terms and Conditions (“Terms”) carefully as they govern Your use of the Taxiapp mobile application (“App”) and any other services made available through the App.

By using the App you agree to be bound by these Terms thus creating a binding contractual agreement between You, the user (“You”/ “Your”/ the “User”) and Taxiapp Partnership (London) Ltd (Company Number 13885741) with registered office at 13 17 High Beech Road, Loughton, IG10 4BN and trading as TAXIAPP (“Us”/ “We”/ the “Company”)

1. The Services

The Company operates as an intermediary only connecting Passengers with available Drivers.

2. Eligibility

a, Parties can use this App in one of two ways, either to offer their services as a Metropolitan Public Carriage (London Cab Driver)  (“Driver”) or to find a Black Cab for Hire (“Passenger”)(both “Subscribers”)

b. This App is not intended for unsupervised use by any person under the age of 21 or by any person who has previously been suspended or prohibited from using the App.

c. By registering as a Driver you represent and warrant that You:

i. Are a registered Black Cab Driver with a current valid Black Cab Licence;

ii. Are registered as self-employed;

iii.     Have appropriate insurance in place to cover Your liabilities in the event that a Passenger is injured or harmed in any way.

d. You must notify us immediately if your Black Cab Licence is suspended or revoked and You must discontinue using the App unless and until your black cab licence is reinstated.

3. Adherence With Laws and Regulations

a. By using the App you agree to comply with all laws and regulations of England and Wales including but not limited to those pertaining to the operation of vehicles on public roads and driving of vehicles for hire;

b. You warrant that you have all the necessary licences, permits and insurances required by law and any regulatory body to allow you to lawfully drive a Black Cab.

4. Account

a. In order to use the App You must first register and create an Account.

i. As part of the registration process You will be required to provide certain personal information, including but not limited to: Your name, Your email address, Your mobile number and Your physical address, Your bank account details and Your licence details.

b. You warrant that any information you give to usin the course of completing the account registration process will always be accurate, honest, correct and up to date

c. We will review your request for an Account and verify your information and you will have to wait until your Account has been activated before you can begin actively using the App.

d. We may request additional information from you during the verification process. If you do not provide us with information we reasonably request, we may refuse to create an Account for you.

e. If You provide us with any information which indicates you are not a fit and proper person to be provided with in Account, we may, at our sole discretion, refuse to provide you with an Account.

f. Your Account is unique to you and You must not share your account details with anyone else or allow anyone else to use Your account. The safety or your Account and loin details is solely your responsibility and You accept full responsibility for any activity that takes place using your Account;

g. We reserve the right, in our absolute discretion, to suspend or cancel your Account or otherwise prohibit you from using the App for any reason, including but not limited to any failure by you to comply with these Terms.

5. Fares

a. There are two ways in which Passengers may seek to hire a Driver (Fare) and this section sets out more details on how that works and how you would accept such a Fare;

b. Fares are all charged to Passengers based on the metered tariff as regulated by Transport for London;

c. Passengers may either seek a cab ASAP or they may choose to make a Pre-booking;

d. ASAP Fares

i. When Passengers make an ASAP request the closest driver to their location will be notified through the App of their request;

ii. Drivers are free to either Accept or Reject the Fare;

iii. If a Driver Accepts the Fare then both the Driver and the Passenger will be provided with each other’s contact details and will be able to monitor each other’s location within the App;

iv. If a Driver Rejects a Fare it will be notified to the next closest available Driver.  This process will continue until such time as either a Driver Accepts the Fare or the Passenger cancels their request.

e. Pre-Bookings

i. A passenger may request a cab for a future journey;

f. Starting the Meter

i. With a Pre-booking a Driver can start their meter at the pre-booked time;

ii. With an ASAP booking the Driver should give passengers 2 minutes from the time they arrive at the pick-up point before starting their meter unless the passenger is in the cab sooner, in which case the Driver can start their meter when the passenger is in the cab.

iii. During busy periods (and only if authorised by Taxiapp) a Driver may arrive at a pick-up with additional money on the meter. Known as run-ins, these additional fees are used to encourage drivers to provide a better service to app customers during busy periods.

g. We make no guarantee that you will get a certain number of Fares or Fares of a certain value in any given period;

h. Drivers are not obliged to accept any Fare and there are no minimum obligations on the number of hours a Driver needs to work or number of Fares they need to complete in any given period;

i. By Accepting a Fare you are concluding a contract with the Passenger who engages you to complete the Fare requested.

6. Cancellations and No-Shows 

a. By a Driver

i. You may cancel a Fare at any time before you pick up a Passenger by clicking the appropriate link in the App;

ii. You acknowledge and accept that any cancellation of a Fare once accepted may have a negative effect on how other users perceive the Service and therefore agree to complete all Fares in good faith and cancel Fares only with good reason;

iii. We reserve the right to suspend and/or cancel your Account where you repeatedly cancel Fares once accepted.

iv.  Driver No Shows

If a Driver does not show up to a job the Driver has accepted, the Driver will be automatically be suspended.

The Driver will receive notifications to inform them they have been suspended.

The Driver will then need to contact a member of the admin team to discuss having their account reactivated.

If a Driver repeats this behaviour they may be permanently removed from the app.

v.  Driver cancellations

A Driver that cancels jobs multiple times may be contacted by a member of the admin team.

A continued high cancellation rate by a Driver may result in a written warning, and maybe followed by a possible suspension.

A Driver would have a right of appeal to the Directors of the company.

b. By a Passenger

i. A Passenger may cancel a Fare at any time before you pick them up from the pick-up point. You will receive an in-App notification that the Fare has been cancelled;

ii. We accept no liability in the event that a Passenger cancels a Fare after you have accepted it and you have no right to claim any compensation from us.

c. No-Shows

i. If you arrive at a Pick-up Point and you cannot find your Passenger you should first attempt to contact them in the first instance;

ii. If you continue to be unable to find the Passenger after attempting to contact them then You may mark the Fare as a No-Show after 2 minutes by clicking the appropriate link within the App;

iii. We accept no liability in the event that a Passenger is a No-Show and you have no right to claim any compensation from Us.

d. By default a customer is charged with the cancellation fee in case they cancel an instant or preorder after its acceptance by the driver. However a customer may given a grace period for cancellation of orders in accepted status. The grace period of 3 minutes is set in cancellation policy. If the order is cancelled within the times set in the given grace period runs out the customer will be charged accordingly.

7. Direct Communication

a. You must not communicate directly with a Passenger other than as required in order to complete the Fare;

b. We reserve the right to suspend or terminate your Account in the event that you contact a Passenger directly other than for purposes of completing a Fare booked through the App.

8. Fees

a. We do not charge you any fee for downloading and using the App.

b. We do not charge the Driver a commission on completion of in-app fares.

c. We may charge the Driver a cancellation/ booking fee for any fare a Driver cancels or changes from in-app payment.

d. We charge drivers a fee of £1.50 on Kiosk fares. Drivers are permitted to add £2.00 on the extras for Kiosk fares. (TfL phone and online bookings: up to £2.00).

9. Payment

a. Fares may be paid for in cash or by card;

b. Card payments made through the App are processed through Stripe;

i. We will be paid our commission directly and you will receive the balance of the Fare price.

ii. Drivers are responsible for ensuring in-app payments have been made successfully and should therefore clear the payment before the passenger leaves the taxi.

iii. Where payment cannot be successfully taken through in-app it’s the drivers responsibility to take payment by other means, cash or card payment via the terminal in the back of the cab.

c. When a Fare is paid in cash or using the cab’s card payment machine, the Driver may be responsible for paying our commission to us.

10. Relationship

a. Taxiapp Partnership (London) Ltd is not an employment agency and all Drivers acknowledge and accept that their use of the App is on the basis that they are independent, self-employed persons and not employees of the Company.

11. Consent

a. By signing up to use the App You are agreeing:

i. to allow us to use your location data in accordance with your in App setting preferences;

ii. To allow us to share such of your personal data with Passenger Users as is necessary to enable us to deliver the services to both you and them.

12. User Obligations

a. As a Subscriber, you agree:

i. not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other Subscriber;

ii. not to share your Account with any other person and that any use of your Account by any other person is strictly prohibited;

iii. not to act in any way that may harm the reputation of TaxiApp Partnership (London) Ltd or associated or interested parties and the London Black Cab industry generally or do anything at all contrary to their interests;

iv. You must not attempt to circumvent the App by attempting to or communicating directly with another Subscriber;

v. You must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the App without Our express written consent;

vi. You must not use the App in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by the Company;

vii. Distribute unsolicited commercial content, junk mail, spam, bulk content or harassment or anything of a pornographic or otherwise illegal nature;

viii. Drivers may not act in a way that may be considered harmful to Taxiapp.

13. Co-op Clause 

a. To the extent that you are currently a member of TaxiApp UK Limited, a society registered under the Co-operative and Community Benefits Societies Act 2014 with registered number 4578 (the COOP), you irrevocably and unconditionally resign as a member of the COOP with effect from the date you first registered with us and you irrevocably and unconditionally authorise us to take all actions and measures necessary or desirable to reflect such resignation on your behalf.

14. Liability, Insurance and Indemnity

a. You accept sole responsibility and full liability for any loss, damage or injury suffered by any Passenger as a result of any Fare you complete.

b. You agree to indemnify and hold the Company, their officers, employees, consultants, agents and representatives harmless against all claims that may arise out of any injury, loss or damage suffered by any Passenger in connection with any Fare you complete.

c. You are required to maintain valid and current insurance with a reputable insurer to cover any potential liabilities which you may incur, including public liability insurance, PCO insurance, public hire taxi insurance, where appropriate.

15. Availability of the App 

a. This App is provided on an “As Is” and “As Available” basis with all faults and defect and without warranty of any kind and We accept no liability for any disruption or non-availability of the App at any time and in any geographical location for any duration.

b. The App is available to download onto your device from the Apple App Store or Google Play store and by downloading the App You agree:

i. to be bound by the terms and conditions of either the Apple App Store or Google Playstore, as the case may be, relating to downloading of apps;

ii. that from time to time, updates to the App may be issued through either the Apple App Store or Google Playstore, as the case may be, and depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms;

iii. You accept all responsibility for the safety and security of any devices onto which you download and use the App from.

c. We make no guarantee that the App will be available at all times and in all territories

d. We make no guarantee that the App will operate effectively on any device used by you to access the App.

e. We reserve the right to suspend, withdraw, discontinue or change the App or any part thereof at any time and without prior notice you.

16. Limited License

a. You are granted a non-exclusive, non-transferable, royalty free license to use the App but nothing in these Terms shall be deemed to convey to you any rights, title or ownership interests in and to the App or any content made available to you through the App.

b. You may not use, copy, modify or transfer the App (including any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this licence.

c. By using the App, you consent to Us collecting and using technical information, and data, about the devices used to access the App and any related software to improve our products and to provide any Services to you.

17. Collection Notice and Privacy

a. We collect personal information about you in order to enable you to access and use Our App, to provide you with the Services, to verify your personal information, to contact and communicate with you and to respond to your enquiries and for other purposes set out in our Privacy Policy.

b. Our Privacy Policy contains more information about how we use, disclose and store your personal information and details how you can access and correct your personal information.

c. You agree to be bound by the clauses outlined in Our Privacy Policy, which can be accessed here.

18. Intellectual Property

a. The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the App (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (“App Content”) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to You.

19. Confidentiality

a. You agree that:

i. no information owned by Us, including system operations, documents, marketing strategies, staff information and Passenger information, may be disclosed or made available to any third parties; and

ii. all communications involving the details of other Subscribers on this App are confidential and must be kept as such by You and must not be distributed nor disclosed to any third party or other Subscriber without the prior written consent of the Company except as required by law.

20. No Implied Warranty

a. You acknowledge that, in accepting these Terms, you have not relied on any representations, warranties or other provisions except as expressly provided for in these Terms and any condition, warranty or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.

21. No Liability

a. To the maximum extent permitted by applicable law, the Company accepts no liability under or in connection with these Terms, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, except in the case of death or personal injury caused by the Company’s negligence.

b. To the maximum extent permitted by law, under no circumstances will the Company be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the App, these Terms or their subject matter, or any Fares completed by a Driver.

22. Waiver

a. Except as provided for in these Terms, no failure by the Company to exercise a right or to require You to perform an obligation under these Terms shall amount to a waiver affecting Our ability to exercise such right or require such performance at any time thereafter;

b. No indulgence for any breach of these Terms shall amount to a waiver of any continuing or subsequent breach of these Terms.

23. Severance

a. Any term herein which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.

24. Joint and Several Liability

a. An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

25. Third Party Rights

a. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and use of the App and no third party will have any right to enforce or rely on any provision of these Terms.

26. Assignment

a. You cannot assign, novate or otherwise transfer any of Your rights or obligations under these Terms without the prior written consent of the Company.

27. Complaints and Grievances 

a. If You have any complains or concerns with regards to the content of the App or behaviour of any Subscriber or any comment on any breach of these Terms or any Intellectual Property right of any Subscriber You should immediately inform Us using the details below:

Email: support@taxiappuk1.freshdesk.com

28. Changes To These Terms

a. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time and any such change shall be effective upon publication of the updated Terms on the App;

b. If a change is material We will send you a notification (if we have your email address) about any material amendments to these Terms that may be of importance to You but You remain responsible for regularly reviewing these Terms;

c. By continuing to access or use the App after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the App.

29. Entire Agreement

a. These Terms and our privacy policy embody the entire agreement between us and you and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to your use of the App.

30. Governing Law and Jurisdiction

a. These Terms are governed by the laws of England and Wales without regard to principals of conflicts of laws;

b. You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales in respect of any proceedings arising out of or in connection with these Terms or your use of our App.

31. Promotions, codes and competitions

a. Taxiapp operates as an intermediary only connecting Passengers with available Drivers. Taxiapp may, at its discretion, create promotions and equivalent promotional codes that may be redeemed for credit, or other benefits related from time to time to the Taxiapp services and/or to services provided by a third party, subject to any additional terms that Taxiapp establishes on a per promotion and promotional code basis may expire prior to your use. Taxiapp reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotions and Promo Codes by you or any other user in the event that Taxiapp determines or believes that the use or redemption of the Promotion and Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promotion and Promo Code terms or these Terms. Furthermore Taxiapp reserves the right to alter these terms at its discretion

b. If fare total exceeds offer value, your chosen payment method will be charged. No refunds will be made for fares below offer value.

c. Driver bonus promotions (inc VAT) is an additional payment made on a Taxiapp fare paid in-app by card that’s been completed. Additional payment is separate to the actual fare and commission will be not be charged on this amount.  Any customer promotion is paid by Taxiapp and does not impact your fare or the commission you pay.  Furthermore Taxiapp reserves the right to alter these terms at its discretion

d. If you have any further questions about promo codes please email support@taxiapp1.freshdesk.com

e. Referrals of drivers obtaining passenger downloads using the driver’s badge numbers are only counted if the passenger makes a booking and completes a journey through the app.

32. Taxiapp Driver Rewards Scheme (TDRS)

a. A range of reward points assigned to the behaviours and actions that contribute to the success of the business

b. TDRS points are collected throughout the year. At the end of the year all points are added together, and then divided into the driver dividend

c. Driver dividend is taken from net profits of the business after costs and funding requirements are met.

d. If the business does not hit its profit goals and there is no bonus in year one, the points you have earned may roll over into next year.

e. Taxiapp reserves the right to withhold or deduct TDRS or other features or benefits obtained through the use of TDRS by you or any other user in the event that Taxiapp determines or believes that the use or redemption of the TDRS was in error, fraudulent, illegal, or in violation of the applicable TDRS terms or these Terms. TDRS are not transferable and only assigned to an individual driver. Furthermore Taxiapp reserves the right to alter these terms at its discretion.

33. Yellow badge drivers

Suburban (yellow badge) – Drivers can ply for hire in one or more of the nine sectors in the suburbs of the Greater London Authority area they have been licensed to by TfL.

34. Definitions and Interpretation

a. (singular and plural) words in the singular includes the plural (and vice versa);

b. (gender) words indicating a gender includes the corresponding words of any other gender;

c. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

d. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

e. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

f. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

g. (headings) headings and words in bold type are for convenience only and do not affect interpretation;

h. (includes) the word “includes” and similar words in any form is not a word of limitation; and

i. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

j. (Intellectual Property Rights)means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in the United Kingdom and throughout the world.