Driver Terms & Conditions
Driver Terms and Conditions
By entering into an agreement with Radcliffe Taxis, all drivers acknowledge and agree to the following terms and conditions. These terms are legally binding and are intended to protect both the driver and Radcliffe Taxis.
1. Self-Employed Status
1.1 Independent Contractor Acknowledgement:
The driver expressly acknowledges that they are engaged as an independent contractor and not as an employee, agent, or partner of Radcliffe Taxis. Nothing in this agreement shall be construed to create an employer-employee relationship.
1.2 Responsibility for Taxes and Contributions:
The driver is solely responsible for declaring and paying all applicable taxes, including income tax and National Insurance contributions. Radcliffe Taxis shall not be held liable for any tax obligations incurred by the driver.
1.3 No Employment Benefits:
As a self-employed individual, the driver is not entitled to any employee benefits from Radcliffe Taxis, including but not limited to holiday pay, sick pay, pension contributions, or any other statutory or contractual employment rights.
1.4 Right to Substitution:
The driver may not subcontract or delegate their duties under this agreement without the prior written consent of Radcliffe Taxis. Any approved substitute must also agree to these terms and conditions.
2. Insurance
2.1 Mandatory Insurance Cover:
The driver must, at their own expense, obtain and maintain valid and adequate Hire and Reward insurance, as well as Public Liability and, if applicable, Employer’s Liability insurance. The insurance must cover all activities undertaken while providing services for Radcliffe Taxis.
2.2 Proof of Insurance:
The driver must provide Radcliffe Taxis with copies of all relevant insurance certificates before commencing any services and upon each renewal. Failure to provide valid proof of insurance will result in suspension or termination of this agreement.
2.3 Notification of Claims:
The driver must immediately notify Radcliffe Taxis of any incidents that may give rise to an insurance claim, including accidents, damages, or injuries occurring during the provision of services.
2.4 Indemnification:
The driver agrees to indemnify and hold harmless Radcliffe Taxis from any and all claims, damages, losses, or expenses arising out of or resulting from the driver’s failure to maintain the required insurance cover.
3. Vehicle Maintenance
3.1 Roadworthiness and Compliance:
The driver is solely responsible for ensuring that their vehicle is roadworthy, properly maintained, and complies with all legal requirements, including an up-to-date MOT certificate, vehicle tax, and adherence to emission standards.
3.2 Safety Equipment:
The vehicle must be equipped with all necessary safety equipment required by law and Radcliffe Taxis’ policies, including but not limited to seat belts, child safety seats, fire extinguishers, and first aid kits.
3.3 Vehicle Appearance:
The driver must maintain the cleanliness and professional appearance of their vehicle at all times while providing services, ensuring that it meets the standards set by Radcliffe Taxis.
3.4 Vehicle Modifications:
Any modifications or signage on the vehicle related to Radcliffe Taxis must be approved in writing by the company. Unauthorised use of company branding is prohibited.
3.5 Regular Inspections:
The driver agrees to submit their vehicle for inspections by Radcliffe Taxis or authorised agents upon request to verify compliance with these terms.
4. Passenger Responsibility
4.1 Duty of Care:
The driver owes a strict duty of care to all passengers. This includes taking all reasonable steps to ensure their safety, comfort, and well-being during transportation.
4.2 Safe Transport of Passengers:
The driver must ensure that all passengers are transported safely to their designated destinations. This includes adherence to all traffic laws, speed limits, and road conditions.
4.3 Authorised Drop-off and Pick-up:
Passengers, especially children and vulnerable adults, must only be picked up and dropped off at locations authorised by Radcliffe Taxis. Under no circumstances should passengers be left at unscheduled or unauthorised locations.
4.4 Supervision Until Handover:
The driver must remain with the passenger until they have been safely handed over to an authorised and identifiable representative at the destination, such as a teacher, parent, or carer.
4.5 Passenger Identification:
The driver must verify the identity of passengers and authorised personnel during pick-up and drop-off to prevent unauthorised handovers.
4.6 Assistance to Passengers:
Where necessary, the driver should assist passengers with embarking and disembarking the vehicle, handling luggage, and ensuring they are comfortably seated with appropriate restraints.
5. Conduct with Schools and Centres
5.1 Professionalism:
The driver must maintain a high level of professionalism when interacting with staff at schools, centres, and other institutions. This includes polite communication, punctuality, and adherence to any site-specific protocols.
5.2 Compliance with Site Policies:
Drivers must comply with all policies and procedures of the schools or centres they service, including security checks, sign-in procedures, and designated parking areas.
5.3 Conflict Resolution:
Any disputes or issues arising with staff or personnel at schools or centres must be reported immediately to Radcliffe Taxis. The driver must refrain from engaging in confrontations and allow the company to address the matter.
5.4 Confidentiality:
Drivers must respect the confidentiality of any information pertaining to the schools, centres, and passengers, and must not disclose such information to unauthorised parties.
5.5 No Representation Authority:
Drivers are not authorised to make representations or agreements on behalf of Radcliffe Taxis with any third parties, including schools and centres.
6. Safeguarding Responsibilities
6.1 Adherence to Safeguarding Laws:
The driver must comply with all applicable safeguarding laws and regulations concerning the protection of children and vulnerable adults, including but not limited to the Children Act 1989 and subsequent amendments.
6.2 Enhanced DBS Check:
Prior to commencing services, the driver must obtain and provide Radcliffe Taxis with a valid Enhanced Disclosure and Barring Service (DBS) certificate. The driver must renew this check as required and inform Radcliffe Taxis immediately of any changes to their criminal record.
6.3 Mandatory Training:
The driver is required to complete all mandatory safeguarding and child protection training provided or recommended by Radcliffe Taxis. The driver must stay updated with all relevant training modules and certifications.
6.4 Prohibited Conduct:
The driver must not engage in any form of inappropriate behaviour towards passengers, including but not limited to:
– Physical contact beyond what is necessary for assistance.
– Verbal abuse, derogatory remarks, or inappropriate language.
– Harassment, bullying, or any form of exploitation.
– Administering medication or medical treatments unless specifically authorised and trained.
6.5 Reporting Obligations:
The driver must immediately report any safeguarding concerns, incidents, or allegations of abuse to Radcliffe Taxis and the relevant authorities. Failure to report such incidents is a serious breach of these terms and may result in legal action.
6.6 Confidentiality of Passenger Information:
The driver must keep all personal, medical, and sensitive information about passengers confidential. Disclosure is only permitted when legally required or in situations where the passenger’s safety is at risk.
6.7 Supervision and Attendance:
The driver must ensure that passengers, particularly children and vulnerable adults, are supervised at all times during the journey and are not left unattended in the vehicle or at pick-up/drop-off points.
6.8 Use of Restraints:
Appropriate safety restraints, such as seat belts and child seats, must be used for all passengers as required by law. The driver must ensure these restraints are correctly fitted and secured before commencing the journey.
6.9 Zero Tolerance Policy:
Radcliffe Taxis enforces a zero-tolerance policy regarding safeguarding violations. Any breach will result in immediate termination of this agreement and may be reported to the relevant authorities for further action.
6.10 Indemnity for Safeguarding Breaches:
The driver agrees to indemnify and hold harmless Radcliffe Taxis from any claims, damages, or legal actions arising from breaches of safeguarding obligations.
7. Liability
7.1 Driver’s Liability:
The driver shall be solely liable for any loss, damage, or injury caused by their actions, omissions, or negligence during the provision of services. This includes liability arising from traffic violations, accidents, or breaches of these terms.
7.2 Indemnification of Radcliffe Taxis:
The driver agrees to indemnify, defend, and hold harmless Radcliffe Taxis, its officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, or expenses, including legal fees, arising out of or in connection with:
– The driver’s breach of these terms and conditions.
– Any negligent or wrongful act or omission by the driver.
– Any claims made by passengers, schools, centres, or third parties due to the driver’s actions.
7.3 Limitation of Radcliffe Taxis’ Liability:
Radcliffe Taxis shall not be liable to the driver for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, even if advised of the possibility of such damages.
7.4 Insurance Claims:
The driver is responsible for
7.4 Insurance Claims:
The driver is responsible for handling all insurance claims related to their vehicle and activities. Radcliffe Taxis will not intervene in disputes between the driver and their insurance providers.
8. Compliance with Laws
8.1 Legal Compliance:
The driver must comply with all applicable local, regional, and national laws and regulations, including but not limited to:
– Road Traffic Act and Highway Code.
– Licensing requirements for taxi and private hire services.
– Regulations concerning the transport of children and vulnerable adults.
– Health and safety legislation.
8.2 Licences and Permits:
The driver must hold all necessary licences, permits, and certifications required to legally provide transport services. Copies of these documents must be provided to Radcliffe Taxis upon request.
8.3 Notification of Legal Issues:
The driver must immediately inform Radcliffe Taxis of any legal issues that may affect their ability to provide services, including but not limited to:
– Suspension or revocation of driving licences.
– Criminal charges or convictions.
– Notices from regulatory or licensing bodies.
8.4 Adherence to Company Policies:
In addition to legal obligations, the driver must comply with all Radcliffe Taxis policies and procedures, including updates communicated from time to time.
9. Termination
9.1 Termination by Radcliffe Taxis:
Radcliffe Taxis reserves the right to terminate this agreement with immediate effect in the event of:
– Breach of any terms and conditions by the driver.
– Misconduct, negligence, or actions that may harm the company’s reputation.
– Failure to comply with safeguarding responsibilities.
– Any conduct that endangers the safety of passengers or the public.
9.2 Termination by Driver:
The driver may terminate this agreement by providing written notice to Radcliffe Taxis. The driver must complete any outstanding obligations before termination.
9.3 Return of Company Property:
Upon termination, the driver must return all company property, including identification badges, equipment, and any confidential information or documents.
9.4 Survival of Terms:
Clauses relating to liability, indemnification, confidentiality, and safeguarding shall survive the termination of this agreement.
10. General Provisions
10.1 Confidentiality:
The driver agrees to keep confidential all information regarding Radcliffe Taxis’ business operations, clients, and any other sensitive information obtained during the course of providing services.
10.2 Data Protection:
The driver must comply with all data protection laws, including the General Data Protection Regulation (GDPR), when handling personal data of passengers or any other individuals.
10.3 Entire Agreement:
This agreement constitutes the entire understanding between the parties and supersedes all prior agreements, representations, or understandings.
10.4 Amendments:
Radcliffe Taxis reserves the right to amend these terms and conditions at any time. Drivers will be notified of any changes and continued provision of services constitutes acceptance of the new terms.
10.5 Governing Law and Jurisdiction:
This agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
10.6 Severability:
If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11. Timekeeping and Replacements
11.1 Punctuality and Timekeeping:
Drivers are expected to maintain strict punctuality, ensuring that they arrive at scheduled pick-up points and destinations on time. Consistent failure to meet time commitments may result in termination of this agreement.
11.2 Holiday and Replacement:
Should the driver wish to take time off (including holidays), they must provide Radcliffe Taxis with at least 14 days’ notice and are responsible for sourcing a suitable replacement driver for the period of their absence, subject to the approval of Radcliffe Taxis. The replacement driver must meet all the same terms and conditions as the original driver, including safeguarding, insurance, and licensing requirements.