EXPRESS CAR SERVICE LIMITED
Driver Terms and Conditions
Definitions
In these Terms and Conditions:
“Express Car Service”, “the Operator”, “we”, “our” or “us” means Express Car Service Limited.
“Driver”, “you” or “your” means a licensed private hire driver registered to receive bookings through Express Car Service Limited.
“Base Plot” means the designated zone or plot used by the Operator’s dispatch system where Drivers may enter a queue for the allocation of bookings. Certain bookings may be offered to Drivers outside the Base Plot or according to proximity, booking value, operational requirements or the configuration of the dispatch system.
These Terms and Conditions set out the requirements and standards applicable to Drivers undertaking private hire bookings through Express Car Service.
By accepting and undertaking bookings from Express Car Service, you agree to comply with these Terms and Conditions, applicable Operator policies, licensing requirements and relevant laws and regulations.
1. Driver Licensing and Documentation
You must at all times hold a valid Private Hire Driver’s Licence issued by Transport for London (TfL) or another appropriate licensing authority where applicable.
You are responsible for ensuring that all licences, permits and documents required to undertake private hire work remain valid and up to date.
You must immediately notify Express Car Service of any suspension, revocation, expiry, investigation, restriction or other change affecting your private hire driver’s licence or your ability to lawfully undertake private hire work.
You must provide Express Car Service with copies of licences and other documentation reasonably required by the Operator.
2. Vehicle Requirements
Any vehicle used to undertake bookings through Express Car Service must hold a valid Private Hire Vehicle Licence and comply with all applicable licensing requirements.
You must ensure that the vehicle is appropriately insured for private hire use and that all legally required documentation remains valid.
Vehicles must be maintained in a safe, roadworthy, clean and presentable condition and be suitable for carrying passengers and their reasonable luggage.
You must notify Express Car Service of any change of vehicle and must not undertake bookings using an unlicensed, uninsured or otherwise unsuitable vehicle.
3. Working Arrangements
Unless otherwise expressly agreed in writing, Drivers providing services through Express Car Service do so on a self-employed basis and are responsible for their own tax affairs and National Insurance contributions.
There are no minimum working hours imposed by Express Car Service. You are free to decide when to make yourself available for bookings and when to start or finish making yourself available through our system.
You are free to accept bookings through other private hire operators, platforms or companies.
If you wish to undertake work through another operator or platform while you would otherwise appear available through the Express Car Service dispatch system, you must first make yourself unavailable/offline from our system. Going offline may result in the loss of your existing queue position.
Nothing in these Terms and Conditions is intended, by itself, to determine any statutory employment or worker status or to exclude any rights which cannot lawfully be excluded.
4. Driver Availability and Queue System
When you indicate through the dispatch system that you are available for work, the Operator and its customers are entitled to rely upon that availability.
Drivers must not remain shown as available solely for the purpose of retaining a queue position while undertaking work for another operator, platform or company.
You must not deliberately switch off, disconnect or otherwise prevent communication with your Driver device while remaining shown as available in order to preserve a queue position.
If you need to leave the Base Plot or become unavailable for bookings, you should update your availability through the system as appropriate.
Bookings may be allocated according to queue position, location, booking requirements, vehicle requirements, operational requirements or other rules configured within the Operator’s dispatch system.
Certain bookings, including bookings originating in other zones or lower-value local bookings, may be offered to the nearest suitable available Driver rather than according to the Base Plot queue.
5. Bookings and Booking Allocation
All passenger journeys undertaken through Express Car Service must be properly booked and recorded through the Operator.
Drivers must not undertake a journey as an Express Car Service booking unless the booking has been provided or confirmed through the Operator’s booking and dispatch system.
Drivers are free to accept or refuse individual bookings offered to them through the Operator’s dispatch system. There is no penalty for refusing a booking.
Where you accept a booking, you are expected to undertake it professionally and in accordance with the booking information provided.
If, after accepting a booking, you are subsequently unable to undertake it, you must notify Express Car Service as soon as reasonably possible so that alternative arrangements can be made for the passenger.
You must not transfer or pass an Express Car Service booking to another Driver without the knowledge and authorisation of the Operator.
6. Changes to Bookings and Fares
Any material deviation or change from the original booking must be reported to the Operator.
This includes additional destinations, significant route changes requested by the passenger, additional pickups, waiting requirements or other changes which may affect the fare.
Drivers must not independently impose additional charges upon passengers contrary to the fare or payment arrangements provided by Express Car Service.
Where a booking changes, the Operator should be informed so that the correct fare can be calculated and the passenger is not incorrectly charged or overcharged.
7. Passenger Treatment and Equality
All passengers must be treated professionally, courteously and with respect.
Drivers must not unlawfully discriminate against any passenger and must comply with applicable equality legislation and their obligations as licensed private hire drivers.
Drivers must provide appropriate assistance to passengers where reasonably required, particularly elderly passengers, disabled passengers and passengers with reduced mobility.
Where reasonably practicable and safe to do so, Drivers are expected to assist passengers between the vehicle and the entrance of the pickup or destination address and with reasonable luggage requirements.
Nothing in this section requires a Driver to undertake an action that would be unsafe or beyond their reasonable physical capability.
8. Passenger Safety and Driver Conduct
Passenger safety must be treated as a priority at all times.
Drivers must comply with road traffic laws and drive safely and appropriately for the prevailing conditions.
Drivers must not use a handheld mobile telephone or other handheld device while driving.
The number of passengers carried must not exceed the licensed capacity of the vehicle.
Drivers must not behave in an intimidating, threatening, abusive, discriminatory or otherwise inappropriate manner towards passengers, members of the public or Express Car Service staff.
9. Alcohol, Drugs and Fitness to Drive
You must not undertake bookings while under the influence of alcohol, illegal drugs, or medication or any other substance that impairs your ability to drive safely.
You are responsible for ensuring that you are sufficiently rested and fit to drive safely.
If you become unfit to drive, you must stop undertaking bookings and notify the Operator where this affects an existing or accepted booking.
10. Fares and Payments
You must comply with the fare and payment information provided with each booking.
You must not demand payment directly from a passenger where the booking has already been paid or is being paid through an account, card or other payment arrangement administered by Express Car Service.
Cash, card, account and other payments must be handled in accordance with the Operator’s procedures.
Any payment dispute or discrepancy should be reported promptly to Express Car Service.
11. Waiting, Cancellations and No-Shows
Drivers must follow the Operator’s procedures concerning passenger waiting times, cancellations and no-shows.
You must make reasonable efforts to locate or contact the passenger using the facilities provided in connection with the booking before reporting a passenger as a no-show.
A booking must not knowingly be marked as completed, cancelled or a no-show where that status is inaccurate.
12. Airport and Time-Sensitive Bookings
For airport collections and other time-sensitive bookings, Drivers must check the booking information and follow any collection instructions supplied by the Operator.
Where flight information is supplied, Drivers should take reasonable account of relevant flight information available through the booking system.
Any significant issue affecting a collection should be reported to Express Car Service as soon as practicable.
13. Lost Property
Any property found in your vehicle following an Express Car Service booking must be reported and handed to Express Car Service as soon as reasonably practicable in accordance with the Operator’s lost property procedures.
Drivers must cooperate with reasonable arrangements for identifying and returning lost property to its owner.
14. Passenger Concerns, Disputes and Complaints
Any significant concern, issue or dispute involving a passenger should be reported to Express Car Service as soon as reasonably practicable so that appropriate action can be taken.
Drivers must cooperate with Express Car Service in relation to passenger complaints, licensing enquiries, safeguarding concerns, accidents or investigations relating to bookings undertaken through the Operator.
Drivers must provide truthful and accurate information when requested in connection with such matters.
Serious allegations concerning passenger safety, safeguarding, violence, discrimination, licensing or criminal conduct may result in the Driver being temporarily prevented from receiving bookings while the matter is investigated.
15. Accidents and Incidents
You must notify Express Car Service as soon as reasonably practicable of any accident, serious incident or other event occurring during an Express Car Service booking which may affect a passenger, the booking or the Operator.
This is additional to any obligation you may have to report the matter to TfL, the police, your insurer or another relevant authority.
16. Passenger Information and Data Protection
Passenger information supplied to you in connection with a booking must only be used where reasonably necessary to undertake that booking.
Passenger telephone numbers, addresses, email addresses and other personal information must not be retained or used for unrelated purposes.
You must take reasonable steps to prevent unauthorised access to passenger or booking information displayed or stored on your devices.
Any suspected loss, disclosure or misuse of passenger information must be reported to Express Car Service promptly.
17. Use and Disclosure of Driver Information
Express Car Service will process Driver information where reasonably necessary for the operation of its private hire business, compliance with licensing and legal obligations, passenger safety and the administration of bookings.
When you are allocated or dispatched to a booking, relevant information may be provided to the passenger, including your name, photograph, private hire licence/badge information and details of the vehicle being used for the booking.
Driver information may also be disclosed to Transport for London, the police, other law-enforcement or regulatory authorities, insurers or other parties where required by law or where reasonably necessary in connection with an accident, incident, complaint, safeguarding concern, investigation or dispute.
Personal information will otherwise be handled in accordance with applicable data protection requirements and the Operator’s privacy procedures.
18. Compliance with TfL and the Law
You are responsible for complying with all laws, regulations, licence conditions and TfL requirements applicable to you as a licensed private hire Driver.
Nothing in these Terms and Conditions replaces any legal or licensing obligation imposed directly upon you.
Drivers must cooperate with reasonable compliance requirements introduced by Express Car Service to enable the Operator to meet its legal and licensing obligations.
19. Operator Policies and Procedures
Express Car Service may maintain operational, safety, safeguarding, data protection and customer service policies and procedures.
Drivers are expected to familiarise themselves with policies relevant to their work and comply with reasonable requirements when undertaking Express Car Service bookings.
20. Driver Fees and Commission
Any commission, circuit fee, subscription, rental, account charge or other amount payable by the Driver to Express Car Service will be dealt with in accordance with the arrangements agreed between the Driver and the Operator.
Drivers will be informed of applicable charges and material changes to those arrangements.
Drivers are responsible for checking statements or payment records supplied to them and raising any discrepancy within a reasonable period.
21. Suspension or Removal from the Operator
Express Car Service may temporarily suspend or permanently cease providing bookings to a Driver where there are reasonable concerns regarding licensing, passenger or public safety, safeguarding, serious misconduct, fraud, repeated breaches of these Terms and Conditions or failure to comply with applicable legal or regulatory requirements.
Where appropriate, the Driver will be informed of the reason and given an opportunity to provide relevant information.
Nothing in this section prevents Express Car Service from taking immediate action where it reasonably considers this necessary to protect passengers or the public or to comply with a legal or licensing obligation.
22. Changes to these Terms
Express Car Service may amend these Terms and Conditions where reasonably necessary because of changes to legislation, TfL requirements, operating procedures or the services provided by the Operator.
Drivers will be notified of material changes.
23. Acceptance
By registering with Express Car Service and accepting bookings through the Operator, the Driver confirms that they have received, read and understood these Driver Terms and Conditions and agrees to comply with them.
