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THE AGREEMENT is validated on or after the PHO has accepted his first booking. Alternatively, upon the receipt of the signed account form and copy of your valid Private Hire Operator license by PickMyCab.

 

Between

 

PickMyCab Limited with the address on International House, Holborn Viaduct, London EC1A 2BN, UK

Registration No: 11270058

 

And

 

Private Hire Operators (PHO) whose registered office is situated as per the details provided to PickMyCab Private Limited.

 

It is agreed between the both parties above that:

 

  1. DEFINITION

1.1 The following expressions shall have the following meaning except when and where the context requires otherwise:

1.1.1 Trip - The journey to be undertaken by the PHO from the pick up point to the drop off point as per the details provided in the website by the passenger.

1.1.2 Admin Website - PickMyCab’s PHO administration website located in admin.pickmycab.com

1.1.3 Administration Fee - Fee levied by PickMyCab for the total value of the booking, which is paid for by the passenger.

1.1.4 Agreed Pick Up Point - The location of the passenger as mentioned in the details to be picked up by the PHO.

1.1.5 Agreed time - The date & time of the pick up by the PHO as mentioned in the details.

1.1.6 Booking - A reservation for a Private Hire Vehicle placed through the website

1.1.7 Card - The method of payment for the booking, this may include but not limited to credit & debit cards, PayPal account or any mode of online payment accepted by PickMyCab.

1.1.8 Cash - The total amount including the administration fee and commission of PickMyCab paid to the PHO or the driver by value of currency.

1.1.9 Commission - The percentage of fee charged by PickMyCab for any booking that might validate through the website.

1.1.10 Designated Bank Account - The bank account of choice by the PHO for remittances made by PickMyCab

1.1.11 Details - Information provided by PickMyCab to the PHO related to the trip

1.1.12 Fare Data - The data presented by PHO to PickMyCab corresponding to the fares charged by PHO for a particular route which may be used by PickMyCab in producing quotes to the users.

1.1.13 FDD - Fare Data per mile multiplied by the trip mileage

1.1.14 Goods - any item that may be transported during the trip by the PHO.

1.1.15 Integration fee - A fee paid by the PHO to PickMyCab to integrate PHO’s own third party software into the PickMyCab system.

1.1.16 Licensing Authority - the licenser of taxi service companies or minicab operators

1.1.17 Particular requirements - the extra details or service that are provided to you by PickMyCab this may include disability of the passenger, pregnant mothers, gender of the driver etc.

1.1.18 Passenger - any person who travels in a vehicle booked through the website

1.1.19 Passenger requirements - any details provided by the passenger particularly pertaining to the trip

1.1.20 Personal data - the details entered by the user into the website. This may include name, address, email, phone number, pick-up point, drop-off point, card details etc.

1.1.21 PHO - a private hire operator registered with PickMyCab or a licensed private hire operator

1.1.22 Website - the website by the domain www.pickmycab.com or other affiliates and partners

1.1.23 PHO T&C - Private Hire Operator Terms and Conditions

1.1.24 Quote - the price displayed to the user by the website from the fare data provided by the PHO

 

2.0 SERVICES

2.1 For bookings undertaken on behalf of the PHO through the website; the PHO agrees to the following

2.1.1 that PHO provides PickMyCab the rights of quoting to the user on behalf of the PHO. PickMyCab also deserves the rights to charge an administration fee along with the commission.

2.1.2 PickMyCab will quote the clients based on Fare Data. It is the responsibility of the PHO to ensure that the Fare Data is correct and up to date at all possible time; this may include but not limited to emails, passwords, contact details etc. that may be required to process a booking

2.1.3 Fare Data should include all road tolls, congestion charges or any other charges that may affect the quote.

2.1.4 PickMyCab deserves the right to use third party application to calculate trip mileage.

2.1.5 PickMyCab could book any number of vehicles at a time as available by PHO for any number of passengers considering the passenger capacity of each vehicle

 

2.2 PHO would carry out all trips that have been confirmed through the website, given that PHO is at least notified 30 minute before the agreed time.

2.3 PHO is responsible to keep all information up-to date regarding the availability and capacity of vehicles, via the admin website.

2.4 PHO should fulfill reasonable obligations of the passengers to the best of its ability.

2.5 PickMyCab on its own discretion may make refunds to the card payments or any other type of payments, where it deems a PHO or the driver has not fulfilled reasonable duties completely or partially towards the passenger.

2.6 The PHO agrees to follow the processes set forth in the admin website to manage the bookings.

2.7 The PHO would be liable for any fines that may have incurred during the trip

2.8 A PHO shall forfeit any payments, if it fails to turn up within 15 minutes of the agreed time.

2.9 The PHO shall agree that it would only use personal information of passengers to fulfill its obligations towards the booking and it will not use the information for the direct solicitation of the future business. Any such solicitation will result in the removal of PHO from the ‘airport approved’ setting as defined under clause 2.12; immediate removal from the PickMyCab network and a penalty fee defined in the clause 6.10

2.10 The PHO has no legal rights such as copyrights, database rights or any intellectual property rights over the personal information of the passengers, any information pertaining to the trip or any other data that has been obtained from the website or the admin website.

2.11 PickMyCab has the may disclose any trip data if compelled to do so by law.

2.12 An ‘airport approved’ PHO would receive bookings going to and back from the airport. PHO agrees in this case to comply with the additional standards that has to be maintained to the setting. Failure for compliance can result in the removal of PHO from ‘airport approved’ hires or from the network at the absolute discretion of PickMyCab.

2.13 If an ‘airport approved’ PHO cancels a booking within 2 hours of the agreed time  and fails to provide a replacement vehicle, will result in a penalty equivalent of the original trip fare.

2.14 If an ‘airport approved’ PHO fails to comply with the booking confirmation flow as stipulated by PickMyCab, then PickMyCab could sanction its removal from the ‘airport approved’ service.

2.15 PickMyCab may charge an “integration fee” for PHO if required an integration of PickMyCab’s own software with that of any 3rd party software used by PHO.

 

3.0 BOOKING

3.1 PickMyCab’s responsibility is to show one or more quotes to the passengers on based on the requirements. However, PickMyCab does not guarantee that any such fare will be accepted by the passenger.

3.2 The PHO agrees to accept and operate bookings based on the fare quoted to the passenger through the website. Any other costs incurred due to special passenger requirements, shall be collected by the passenger directly.

3.3 The PHO agrees to collect any cost incurred due to alterations of the original route made by the passenger, directly from the passenger.

3.4 PickMyCab will notify PHO of a confirmed booking through the admin website, email and SMS. PickMyCab does not guarantee the delivery or the timing of these communication methods. PickMyCab does indemnify from all the losses that may arise directly or indirectly due to the delay of such communication.

3.5 Any particular requirements of the passengers towards the PHO is subject to fulfillment based on the agreement between the passenger and the PHO.

3.6 If a PHO is unable to provide a vehicle for a booking; the PHO, under no circumstances can offer the booking to a third party online booking platform.

 

4.0 PAYMENT

4.1 PickMyCab agrees to collect payments in full for all card payments. This may include the trip fare, administration fee, commissions and any bank charges. PickMyCab is responsible on its own right to the settlement of payment in advance to the PHO subject to clause 4.2

4.2 For payments paid directly by cash to the PHO or the driver, the PHO agrees to pay PickMyCab the commission and the administration fee for the trip.

4.3 For all bookings made during the week (Monday to Sunday) PickMyCab would pay the PHO the total fare of the trips during the week after the deduction of administration fees and commissions for payments by card. It will also deduct the payments by cash including commissions and administration fees made by the passengers to the PHO or driver directly. PickMyCab will pay the resulting amount to the designated bank accounts of the PHO by Friday 12 PM. If the PHO is liable for any amounts greater than £20 to PickMyCab, PickMyCab reserves the right to refuse listing in the website.

4.4 PickMyCab will not take any responsibility for tips paid by the passenger to the driver.

4.5 All payments collected by PickMyCab are based on the fact that we are agents only. Payments made to the PHO directly are full receipt from the customer with VAT charged on the commissions for PickMyCab. PHOs will be responsible for their own VAT  registration and collection according to the UK Tax Code. If the PHO is VAT registered, all VAT added by PickMyCab on their commissions could be reclaimed by usual methods.

4.6 PickMyCab is responsible for the accuracy of calculations for all payments to the PHO. PHO may raise any disputes regarding payments, any such disputes may only be valid if it is made within 4 weeks of the due payment date. PickMyCab can disregard any disputes that may arise after 4 weeks of the due payment date.

4.7 If PickMyCab or PHO is aware of or notified of illegal usage of a card, fraud or any other misuse of a prepayment method, PickMyCab will only bear 50% of the cost or losses associated with the trip.

 

5.0 INSURANCE, LICENSING & INDEMNITY

5.1 PHO is required to have insurance covers against losses, damages or injury sustained by a passenger during the trip. The PHO also has to ensure compliance with authorities in England, Scotland, Northern Ireland & Wales.

5.2 PHO agrees to provide vehicles and drivers that are registered with proper licensing authorities in the UK

5.3 Any fare data that may be provided by the PHO to a certain place will warrant that the PHO has covered the licensing requirement for that particular area.

5.4 PHO at all times should ensure that the vehicles used by its drivers have proper licence to fulfill passenger requirements or any other reasonable requirement.

5.5 PHO agrees to inform PickMyCab of licenses that may be invalidated due to, but not limited to termination, expiration or cancellation.

5.6 PHO agrees to indemnify PickMyCab against all losses, damages, injuries or liability that may arise due to negligence of driver or PHO. This may include but not limited to accidents, shocks etc.

5.7 The data protection act legislated by the UK should be complied at all times by the PHO during the course of this agreement.

5.8 PHO agrees to publish anonymous data to third parties, which does not identify PHO in particular.

 

6.0 CANCELLATION OF BOOKINGS & REFUND

6.1 PHO agrees to cancellations free of charge made by passengers before 25 minutes (unless specified otherwise) of the agreed time. For booking cancelled within 25 minutes (unless specified otherwise) or where the passenger fails to be present after 15 minutes of the agreed time; where, the customer has prepaid through his card - a full payment of the quote to the PHO only if he driver has traveled over 10 miles from his office base for the pick-up. If the driver has traveled between 2 to 10 miles, the fee due would be half the quote. If the driver has traveled less than 2 miles, no fee would be due to PHO by PickMyCab. However, if the passenger has agreed to pay cash and doesn’t show up or cancelled, PickMyCab would not be liable for any payment to the PHO. This would also be adjusted according to the clause 4.7

6.2 PickMyCab will notify PHO on cancellations by email on the email registered by PHO in the admin website.

6.3 If a PHO demands cash from the passenger while the passenger has prepaid for the trip, given that the PHO was notified; the PHO would be liable to pay a penalty fee according to the scheme mentioned in clause 6.7.

6.4 PickMyCab has the right to find an alternative PHO if the assigned PHO is unreachable, unwilling or unresponsive to bookings. Any consequential cost that may arise due to the alternative PHO will be borne by the assigned PHO. PickMyCab would also charge a penalty fee according to the table presented in 6.7.

6.5 If a driver doesn’t arrive within 15 minutes (unless specified otherwise) of the agreed time, a penalty fee for lateness will  be charged according to the table 6.7. The penalty fee may be extended to airport pickups where ‘meet & greet’ of a passenger is necessary. Further, if a PHO fails to be present at the airport persistently; PickMyCab may choose to discontinue airport pickups for the PHO or may be removed from the PickMyCab network altogether.

6.6 If a PHO doesn’t arrive at the pick up point within 15 minutes of the agreed time:

6.7 If the passenger doesn't use PHO for the trip; the PHO will not be eligible for payments on the trip and PHO will bear any consequential charges that may arise directly or indirectly.

 

6.8 If the passenger decides to use the PHO for the trip; the PHO will be eligible for full payment under the clause 4.1. But, will be liable to pay any direct or indirect consequential charges to the passenger, if any.

 

6.9 Incidentally, if the passenger is unavailable at the pickup point during the agreed time, the PHO shall be responsible for collecting any additional fee.

 

6.10 FINES FOR NON AIRPORT BOOKING

 

Fare value (£)

Amount collected for prepaid booking

Rejected Booking

No response to booking

Driver No Show (1-8 passengers)

Driver No Show (+9 passengers)

Missed Job/ Lateness

£0-£20

£10

£5

£5

£10

£20

£5

£20.01-£40

£15

£10

£10

£15

£25

£10

£40.01-£75

£20

£15

£15

£20

£30

£15

£75+

£25

£25

£25

£30

£40

£20




FINES FOR AIRPORT BOOKING

 

Fare value (£)

Amount collected for prepaid booking

Rejected Booking

No response to booking

Driver No Show (1-8 passengers)

Driver No Show (+9 passengers)

Missed Job/ Lateness

£0-20

£15

£10

£10

£15

£20

£5

£20.01-£40

£20

£15

£15

£25

£30

£10

£40.01-£75

£25

£20

£20

£35

£40

£15

£75+

£30

£30

£30

£40

£50

£25






6.11 If the PHO cancel a booking within two hours of the agreed time without a   replacement vehicle, PickMyCab could charge a penalty fee to the PHO; the penalty fee could be equal to that of the original fare.

6.12 If a PHO marks an unfulfilled booking as “complete” through the admin website, it will be charged an additional penalty of £20

6.13 Any solicitation done by PHO to a passenger previously booked through PickMyCab, will result in a penalty fee three times the equivalent of the commision that would be paid to PickMyCab based on the latest booking of the passenger to the PHO.This may be subject to clause 2.9

 

7.0 PASSENGER-PHO TERMS AND CONDITIONS

7.1 Both parties agree that PickMyCab is a middle agent.

7.2 The responsibility of fulfilling passenger requirements lies entirely upon the PHO.The responsibilities may include but not limited to, any liabilities that may be sustained directly through the act of PHO such as loss or damage to goods, personal injuries etc.

7.3 The PHO indemnifies PickMyCab from liabilities that may arise due to negligence, damages or losses to the passenger or goods.

 

8.0 WARRANTY AND LIMITATION OF LIABILITY

8.1 PHO will be liable for all service delays, failures or inability to fulfill passenger requirements.PHO indemnifies PickMyCab against any service related issues that may arise.

8.2 PickMyCab will not be liable for incidental loss, loss of revenue or any other direct or indirect losses that may arise due to any failure  of the PHO; related to the agreement or otherwise.

8.3 The maximum liability that could be claimed in respect to this agreement or otherwise shall be limited to a total aggregate amount of £500.

8.4 All warranties, conditions or other terms implied by the statute or common law are excluded as far as legally possible in the subject expressly provided in the agreement.

8.5 All or part of this agreement shall not exclude any consumer rights that the passenger may have under the legislation. This agreement also does not limit PHO’s liability for death or personal injury due to negligence.

8.6 If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the Parties.

8.7 PickMyCab is not responsible for any price comparison information shown in the admin website.It is also not responsible for the accuracy of trip mileage shown in the admin website; these are indicative information only.

8.8 Emails or SMS sent to PHOs from the admin website do not guarantee timeliness, accuracy or completeness.

 

9.0 TERMINATION

9.1 Both parties shall terminate this agreement immediately without prior notice.However, either party shall notify in writing about the termination.Any bookings that has been accepted by the 9.2 PHO hasto be fulfilled before the termination.Both parties shall settle account and pay any balances to the other.

 

10.0 DISPUTES

10.1 PickMyCab at its own discretion can charge a penalty fee of £10 or £15 for complaint lodged regarding poor service by the passenger.

10.2 If any passenger complaint  forwarded to PHO by PickMyCab, the PHO shall;

10.2.1Confirm receipt by email within twenty four hours.

10.2.2 Provide a response to PickMyCab or passenger within forty eight hours of lodging the complaint.

10.3 If any complaint cannot be resolved with the mediation of PickMyCab between PHO and passenger, then PickMyCab shall have an independent third party selected by PickMyCab to mediate between PHO and passenger.PHO agrees to be bound by the decision of the third party.

10.4 Should PHO have a dispute with the passenger,It is the responsibility of the PHO to claim any damages or demands from the passenger.

 

11.0 PRIVACY POLICY

11.1 This Privacy Policy sets out how PickMyCab uses and protects any information that you give PickMyCab when you use the website.

 

11.2 PickMyCab is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

11.3 PickMyCab may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 12th of May, 2018.

11.4 Following are the information we may collect from the PHO:

11.4.1 Name of PHO

11.4.2 Contact information including email address

11.4.3 Demographic information such as postcode etc.

11.4.4 Business Registration information or other legal registration documents

 

11.5  Information is gathered for the purpose of:

11.5.1 Internal record keeping

11.5.2 To improve our products and services.

11.5.3 Periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided, after your consent.

11.5.4 For legal verification of the company

 

11.6 Security

11.6.1 PickMyCab ensures that your information are secure

11.6.2 In order to prevent unauthorised access to the information of earnings, bookings etc. we have suitable physical, electronic and managerial procedures to safeguard and secure information.

 

11.7 Link to other websites

11.7.1 Our website may contain links to other website

11.7.2 Once you have used these links to leave our site, you should note that we do not have any control over that other website.

11.7.3 We cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement.

11.7.4 We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

11.8 You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to support@pickmycab.com

11.9 If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

11.10 We may hire third party for market research purposes, any information that may be shared with the third party shall only be initiated with a non-disclosure agreement.




12.0 MISCELLANEOUS

12.1 This agreement shall be the final and complete agreement that would supersede any agreements that have preceded this, this may include oral representations or otherwise made by either of the parties. PHO warrants that it has not relied on any representation made by PickMyCab in entering into this agreement

12.2 PickMyCab can add or modify terms and conditions any time.However, the PHO will be notified about our updated terms and conditions.If PHO doesn’t agree to the new terms and conditions, it may terminate the agreement as per the clause in 9.1

12.3 Failure by any party at any time to enforce any right claim or provision of this Agreement or arising hereunder shall not be construed as a waiver of such right, claim or provision.

12.4 All notices between both parties shall be exchanged in writing  by email or letter to the addresses as implied in this agreement.Email shall be given an hour of transmission time.

12.5 PHO email address: as per registration detail.

12.6 PickMyCab email address: admin@pickmycab.com

12.7 For all prepayments made,the PHO authorizes PickMyCab to make payments direct into the bank account specified by the PHO at the registration.PickMyCab will only make payments to PHOs at local bank accounts and in sterling pounds.

 

This Agreement shall be governed and construed in accordance with English Law and the parties agree to submit any dispute hereunder to the jurisdiction of the courts of England, and is executed on behalf of the parties by their duly authorised representatives as of the date agreed.



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