Driver Terms & Conditions

“App”

— The software application forming part of the Pronto Cars (London) Ltd Platform, available for download onto compatible portable electronic devices via recognised app stores, including the Apple App Store and Google Play.

“Booking Request”

— A request submitted by a User, via the Web, the mobile app, or by phone call, to use the Transportation Services.

“Booking Services”

— The service we provide to you (and to Customers), as further explained in Section 2.

“Customers”

— The customers identified via the App who wish to engage Transportation Services.

“Fare”

— The pre-agreed amount charged to Customers for a Ride (in addition to any other applicable fees) for a journey.

“Pronto Cars (London) Ltd Platform”

— The combination of the App, our Website, our telephone service, and the Booking Services provided through our technology platform.

“Ride”

— A journey requested by a Customer.

“Service”

— Any of the services described in these Terms, including the Booking Services and the transportation we provide.

“Journeys”

— Minicabs are referred to in legislation, regulation and everyday language as “Private Hire Vehicles.” The term “minicabs” is used throughout these Terms and refers to all such vehicles.

“Transportation Service Area”

— The areas and locations in which Transportation Services are available to Customers at any given time, as indicated through the App.

“us”, “we”, “our”

— Pronto Cars (London) Ltd, a company registered in the United Kingdom, company number 07576328.

“You”, “your”

— The Driver using the App and Booking Services.

1. These Terms and Conditions (“Driver Terms”) apply to your use of the App and its Services. As a Driver, you are introduced to Customers of our Booking Services who seek and obtain Transportation Services from us.
2. Please read these Driver Terms carefully before using our mobile App. They set out how we will provide the App and Booking Services to you, how you and we may change or end your right to use our App, what to do if there is a problem, and other important information.
3. Other terms also apply to your use of the Services, including: (a) our Privacy Policy; and (b) the terms of Apple, Google Play and any other store from which you download the App.
4. When you first register with us, you are required to acknowledge and accept these Driver Terms. In doing so, you agree to adhere to your obligations under these Driver Terms whenever you use our Booking Services.
5. A copy of these Driver Terms is available on our website.
6. Should you need to contact us, you may do so by email at admin@prontocars.co.uk.
7. If we need to contact you, we will do so by telephone or in writing, using the details you provided when opening your account.
8. References to “writing” or “written” in these Driver Terms include emails and communications made through the App.
9. Unless the context requires otherwise, words in the singular include the plural and vice versa.

Customers submit Booking Requests for minicabs (“Bookings”) through the App, our website, or by phone, and we allocate these requests to you (the Driver). We act as principal between you and the passenger requesting Transportation Services. Where these Driver Terms refer to us providing you with Booking Services, this means we will provide you with access to and use of the Driver App platform, together with any associated support services we may offer.

The Booking Service we provide to Customers consists of:

• Accepting Booking Requests from Customers. Once a Booking Request is accepted, we notify the Customer through the App that their booking has been accepted.
• Identifying a suitable driver.
• Keeping a record of the booking.
• Receiving and handling any queries or complaints Customers may have regarding their booking.
• Managing lost property queries.

Subject to your compliance with these Driver Terms, we grant you a limited, non-sub-licensable, non-exclusive, non-transferable and revocable licence to: (a) access and use the App on a portable electronic device solely in connection with your use of the Booking Services; and (b) access and use any content, information and related materials made available through the Services.

You establish a contract with us for the provision of Booking Services when you select “Accept” while registering for our Booking Services via the App. By selecting “Accept,” you agree to be bound by these Driver Terms.

In order for us to provide you with journey requests following our acceptance of a Booking Request, you will be required to: (a) enable location data from your device(s), so that we can check whether you are near a Customer who has submitted a Booking Request; (b) keep your status on the App up to date, so that we can check your availability; and (c) provide any other information we may reasonably require from time to time.

If we are unable to collect the necessary booking information, or if the information we collect is incomplete or incorrect, we will not be responsible for providing the Booking Services (or any part of them) late, or for failing to provide them at all.

If you wish to accept a Booking Services request, you may do so within the App. You must respond to the request within a set period (approximately 15 seconds, or such other time limit as we may specify from time to time) after it appears on the App. When you select “Accept,” a contract is formed between you and Pronto Cars (London) Ltd.

Before downloading the Driver App, you must apply to register with us. As part of the registration process, you will need to provide information about yourself, your private hire vehicle licence, your vehicle (including insurance and road tax), and any other information we request. This may include a medical certificate, topographical test certificate, and any relevant English language test certificate needed to assess your suitability to use the Driver App. We may verify this information with third-party providers; where applicable law or regulation requires it, you provide your specific consent to us seeking this verification.

You will be given a Driver number and password on registration. These details are personal to you and are not transferable. They are the means by which we identify users of the Software and are very important — please keep them secure.

By submitting your account application, you represent and warrant that:

• You can legally agree with us to use the Software Services;
• You have carefully studied, fully understand, and agree to be bound by these Driver Terms, including all obligations they impose on you;
• All information you provide to us is, and will continue to be, accurate, correct and complete;
• Once you have an account, you will not authorise any other person to use it, nor transfer it to anyone else;
• You will not use the Software for unauthorised or unlawful purposes, or impair or attempt to impair its proper operation;
• You will not copy or distribute the Software or any other Pronto Cars (London) Ltd content;
• You have, and will continue to have, the right to work in the United Kingdom (including a valid National Insurance number);
• You have, and will continue to have, all necessary permits, licences (including a private hire vehicle licence), insurance, road tax and authorisations required to provide Journeys under these Driver Terms, and you will comply fully with any special conditions on your London Private Hire Driver’s Licence;
• You will, at all times while providing Journeys, hold valid hire and reward insurance and liability insurance (if applicable);
• You are, and will remain, medically fit to operate a motor vehicle, and will not drive recklessly or unsafely, operate an unsafe vehicle, permit an unauthorised third party to accompany you, drive under the influence of alcohol or drugs, or take any action that harms or threatens the safety of passengers or third parties; and
• You understand that we will provide information about you, your Driver account and your trip history to law enforcement agencies where we consider it appropriate.

We will review your application and may approve you as a driver associated with Pronto Cars (London) Ltd if you meet the necessary criteria. We will continually monitor your compliance with these Driver Terms by verifying your licences, insurance and other information, including with third parties.

You agree to cooperate with us and provide any further documents or information requested to enable such checks, and to promptly disclose any material change in your circumstances relating to your ability, fitness or legal entitlement to offer or perform Journeys — including any revocation of your Driver’s Licence, refusal of insurance, changes to your eligibility, or any criminal investigation, charge or conviction.

If you fail to comply with any requirement or condition of these Driver Terms, we are entitled to terminate these Driver Terms with you immediately, in which case you will no longer be permitted to use the Software.

Once approved to use the Driver App, we will send you details of how to download and set up the App, along with a personal account for accessing the Software. Provided you comply with these Driver Terms, we agree to allow you to access and use the Software Services under these Driver Terms, our Privacy Policy, and the applicable app-store terms. You may not transfer or sub-license this right.

To use the Software, you must access your account in the Driver App using the Driver number and password provided during registration.

We hold sole authority under our operating licence to invite, accept or make provision for Journey requests from passengers. Once we receive a Journey request, we will seek to allocate the booking to the closest available Driver to fulfil through the Driver App. If the nearest Driver does not acknowledge the allocation within the set timeframe, or declines, the booking will be reallocated to the next closest Driver, and so on. Once you accept a Journey allocation, the relevant Journey information — including passenger details and the starting point — will appear in your Driver App.

To prioritise Driver and passenger safety, we may, at our discretion, limit your access to the Driver App where you have been providing Journeys for extended periods. If we become aware that your behaviour has deviated from these Driver Terms, or that you are under investigation for a criminal offence, we reserve the right to revoke your access to your Driver account indefinitely, or until we consider it appropriate to restore it.

If you suspect your Driver number or password has been copied or stolen, you must notify us immediately.

We will accept passenger requests for Journeys and prompt you via the Driver App when a relevant booking has been generated in your area while you are available. These bookings are not exclusive to you and may also be offered to other Drivers.

We do not guarantee that using the Software will result in you receiving offers or allocations of Journey bookings. You are not obliged to accept any offer of a Journey booking. We encourage you to keep your profile up to date to reflect your availability.

You may cancel a Journey you have accepted at any time before starting it, by informing us through the relevant functionality in the Driver App. We monitor the number and frequency of Journeys you reject, and reserve the right to suspend or terminate your access if you repeatedly or consistently reject Journeys after accepting them.

As a Driver, you commit to each passenger that you will provide a high standard of service in respect of the Journeys you agree to provide. In providing Journeys to passengers, you commit that you will:

• Take the passenger from their collection point to their destination in a reasonably direct and efficient manner, at your discretion, subject to appropriate unforeseen circumstances (such as a mechanical breakdown);
• Comply with all applicable laws and regulations;
• At all times be medically fit to operate a motor vehicle, including being free from the influence of alcohol or drugs;
• Not engage in reckless or unsafe driving, including operating a vehicle that is unsafe or illegal to drive, or allowing a third party to operate the vehicle;
• Act professionally, in line with the business ethics applicable to providing passenger journeys, and endeavour to carry out the passenger’s request in their best interest;
• Not carry weapons, or permit weapons in your vehicle, and not use or encourage violence, racism or discrimination in any form;
• Hold and maintain valid hire and reward insurance, liability insurance (if applicable), and any other required insurance; and
• Only use passenger personal data as permitted under these Driver Terms.

You acknowledge that we have no control over passengers, and we have no responsibility or liability for how (or whether) a passenger uses your Journeys, including any resulting delays. You commit to reporting to us any unusual event that occurs during a Journey. We will keep records of all Journey bookings, complaints and lost property.

Before starting a Journey, you must verify that you are providing it to the passenger shown in the Driver App, or that the account holder has expressly confirmed that another person may use their account.

If you make a mistake in identifying the passenger and the Fare is charged to a person who did not book or approve the Journey, we will reimburse the affected party for the Fare paid.

You agree to accept any Fare quoted by us.

Before you accept a Journey booking allocation, you will be shown a fixed Fare for the Journey. The same fixed Fare is shown to the passenger.

VAT is charged to Customers on all Fares. Where a passenger pays their Fare in cash directly to you, you must account for and bring the VAT collected to us on a weekly basis, at the time you receive your weekly rent/commission statement.

Without affecting any of our other rights under these Driver Terms, where we have reasonable grounds to suspect that you have committed, attempted to commit, or aided or abetted a crime, we will take all steps we consider necessary, including reporting your conduct to the appropriate authorities. This may include reporting you to the Police, Transport for London, or any other relevant authority, and providing that agency with your details and all pertinent information we hold about the matter.

When using the Software Services (including, where relevant, during any Journey), you must not:

• Circumvent, disable, or otherwise interfere with any security-related features of the Software Services;
• Use the Software Services if we have suspended or banned you from using them;
• Modify, interfere with, intercept, disrupt or hack the Software Services;
• Knowingly introduce viruses, trojans, worms, logic bombs or other harmful material;
• Collect any data from the Software Services other than as permitted under these Driver Terms;
• Submit any content that contains nudity or violence, or that is abusive, threatening, obscene, misleading, untrue or offensive;
• Submit any content that you do not own or have the right to use, or that infringes the rights of a third party;
• Use any content in violation of any licensing terms specified by its owner;
• Submit information or commentary about another person without that person’s permission;
• Threaten, abuse or invade another person’s privacy, or act in a way likely to harass, upset, embarrass, alarm or annoy anyone; or
• Use any automated system — including “robots,” “spiders” or “offline readers” — to access the Software Services in a manner that sends more requests than a human could reasonably generate.

Failure to comply with the Rules of Acceptable Use is a serious breach of these Driver Terms and may result in immediate, temporary or permanent withdrawal of your right to use the Software Services, removal of your content, a warning, legal action to recover costs, and/or disclosure of relevant information to law enforcement authorities. This list is not exhaustive, and we may take any other action we reasonably consider appropriate.

We do not guarantee that access to the Software will be uninterrupted or error-free. To the maximum extent permitted by law, neither we, our directors, nor our employees are liable for the proper functioning of the Software, or for any loss or damage you may suffer as a result of using it, including direct or indirect property damage or monetary loss, loss of profit or anticipated savings, loss of business, contracts, goodwill or reputation, loss or inaccuracy of data, or any other indirect or consequential loss.

Nothing in these Driver Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud on our part, or for any other liability that cannot be excluded or limited under applicable law.

We will try to prevent unwelcome passengers from using the Service. However, we are not liable for the actions or omissions of passengers or their co-passengers, and we accept no liability for any loss or damage you may suffer as a result.

You are fully responsible and liable for any breach by you of these Driver Terms or any applicable law. You agree to fully indemnify and hold harmless Pronto Cars (London) Ltd, its Affiliate Companies, licensors, representatives, employees and directors from any claims or losses they suffer as a result of your use of the Software and provision of Journeys.

As a self-employed driver, you are solely responsible for any tax obligations (such as income tax or National Insurance contributions) arising from the Journeys you provide, and you indemnify us against all related tax liabilities. If you have any concerns, please seek professional tax and accounting advice.

These Driver Terms take effect when you submit your application to register with us, and continue in force until terminated by either party under this clause.

You may terminate your relationship with us at any time by giving 7 (seven) days’ written notice. On termination, the licence granted to you is automatically revoked and you must immediately stop using the Driver App.

Unless otherwise stated, we may terminate our relationship with you at any time by giving at least 3 (three) days’ written notice. We are also entitled to terminate immediately, and to block your access without advance notice, if you are in breach of these Driver Terms or any applicable law, or if you provide poor service — as evidenced by passenger complaints — which, in our reasonable opinion, would bring Pronto Cars (London) Ltd into disrepute.

On termination for any reason, all rights granted to you cease. You must stop all activities authorised under these Driver Terms and delete or remove the Software from your device.

These Driver Terms are governed by, construed and enforced in accordance with the laws of England and Wales.

Any dispute arising out of or in connection with these Driver Terms will first be addressed through informal negotiation. If unresolved, it will be submitted to mediation under the ICC Mediation Rules, and if still unresolved 60 days after mediation is requested, it may be referred to and finally resolved by arbitration under the ICC Arbitration Rules (Emergency Arbitrator provisions excluded), before a single arbitrator. Both mediation and arbitration will take place in London, England, in English, and will remain strictly confidential.

You may not assign these Driver Terms or any rights or obligations under them. You agree that we may assign any of our obligations to any Affiliate Company.

Any notice we are required to give you will be sent to the email address associated with your account, or by registered mail. Any notice you give us should be sent by registered mail to our registered office, or by email to the address published on our website.

If any provision is found unenforceable, the parties will substitute an enforceable provision that approximates the intent and economic effect of the original. A failure or delay to enforce any term will not be treated as a waiver of that term.

We may change these Driver Terms at any time by giving you at least 14 (fourteen) days’ prior notice, and will inform Transport for London of any significant changes as required by the Private Hire Vehicles (London) (Operators’ Licences) Regulations 2000. Any change takes effect, and is deemed accepted by you, if you continue to use the Software after the notice period has expired.

No provision of these Driver Terms is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to them. These Driver Terms come into force on 1 November 2023.

Pronto Cars (London) Ltd — Ground Floor Front, 5 Sutherland Avenue, London, W9 2HE

Email: booking@prontocars.co.uk