All Parties to this agreement intend its construction to irrefutably establish that the relationship between the Parties is one of an Independent Contractor and does NOT create an employer-employee relationship. If the construction of any part of this Agreement appears to cause any doubt of this intention it must be decided so as to confirm the Owner/Operator’s status of being an Independent Contractor. Neither the Owner/Operator or any subcontractors, employees or agents of the Owner/Operator may under any circumstances ever be considered to be employees of Village Taxis with regard to either the application of the subject matter or in the performance of this Agreement. Nothing within this Agreement may be construed to create a partnership, joint venture, agency or any other legal relationship other than that of Principal and Independent Contractor.
This Agreement does NOT permit the Owner/Operator to be treated as an employee when considering statute or common law for any purpose, including National Insurance Contributions, taxation, or insurance, nor for any other purpose.
No Owner/Operator is authorised to act for or to represent Village Taxis in any capacity whatsoever whatever the circumstances.
2. VILLAGE TAXIS OBLIGATIONS
Village Taxis shall hold a licence from the applicable Council and so shall hold a valid Operator licence for the region within which it is allowed to accept and designate ”taxi” work for Hackney and Private Hire Vehicles.
Village Taxis shall provide the Owner/Operator with the Village Taxis website details to enable the Owner/Operator to download the website onto their own phone, through which they shall be enabled to receive ”taxi” work offers from Village Taxis.
Village Taxis shall provide the Owner/Operator with a fair allocation of ”taxi” work using rota systems principally based on the longest time that all Owner/Operators have been waiting for a job whilst also taking account of the distance they are from the job address and there being sufficient time to reach the ’pick up’, the general availability of work, and occasional levelling up to ensure all Owner/Operators have the opportunity to earn similar earnings over similar working periods.
Village Taxis week runs from Sunday to Saturday and require that the Owner/Operator shall pay their weekly fee to Village Taxis on a Sunday or (if not working on Sundays) Monday of each and every week and if money is not so paid on time the defaulting Owner/Operator without an adequate excuse for the payment failure will be logged off at 8pm Tuesday and will not be logged on again until after the full funds are received. The fee is based on one Owner/Operator per vehicle and an additional sum for each additional driver will be charged to the Owner/Operator or their driver at the sole discretion of Village Taxis.
3. OWNER/OPERATOR’S OBLIGATIONS
The Owner/Operator agrees to use the services of Village Taxis upon the terms and conditions within this contract and in exhange shall therefore pay a weekly Owner/Operator fee to Village Taxis consistent with published fee schedules that are updated from time to time, and the said fee to be changed on no less than fourteen days-notice.
The Owner/Operator is responsible for weekly payments until this contract is terminated by four weeks’ notice, within which time the Owner/Operator must continue to pay their website-charge whether or not still driving.
The Owner/Operator agrees to accept and do all jobs they download unless they have negotiated a valid pre-known exemption, for example being so disabled they are unable to assist disabled customers or their baggage, otherwise they agree they will not be entitled to a further job until the expiry of one hour if they decline a job.
The Owner/Operator agrees to obey and not to deface, alter, or remove any Village Taxi Notices – some current examples are attached below – and agree that if they do deface alter, or remove any Village Taxi Notice that they have summarily dismissed themselves and accept they will never be given any further work by or for Village Taxis.
The Owner/Operator agrees that customers who use Village Taxis cannot be converted into the owner/operator’s own private jobs whilst the owner/operator is working for Village Taxis or within one year of their leaving.
4. TERM OF AGREEMENT
Unless this Agreement is otherwise ended, it shall remain effective for one year and be automatically renewed at each subsequent annual stage, unless either Village Taxis or Owner/Operator gives twenty eight days-notice of termination within the expiry date of the annual renewal.
The operation and performance of taxicabs shall be executed solely and exclusively at the Owner/Operator’s risk, and the Owner/Operator assumes complete responsibility for the operation of the said vehicle and its equipment and mechanical condition, for employing only qualified drivers holding a valid driving licence and a taxi licence
(badge) issued by an authority for whom the Operator already holds an Operator license, and for ensuring that said vehicles shall have all certificates required by law to carry out taxi operations within the Operator’s area.
6. MEANS AND METHODS OF WORK
The Owner/Operator shall have sole control of the method and processes involved in the operation of their taxicab, including all aspects of their work, such as their work location, times of starting and stopping, break times, days off and holidays. The Owner/Operator is solely responsible for ensuring their drivers have insurance and that their
drivers comply with national law and local bye-laws.
7. VEHICLE SAFETY AND CONDITION
The Owner/Operator shall be solely responsible for the comprehensive maintenance of their taxicab vehicle and its safe operation in all circumstances, and for ensuring both the driver and vehicle comply with national and local regulations, including with required standards of cleanliness.
The Owner/Operator accepts that Village Taxis management may conduct vehicle inspections from time to time and that if violations are found they may be immediately suspended until the conditions are satisfied and that the Owner/Operator alone will bear any and all loss incurred. Village Taxis are not liable for any loss or damage
resulting from the unsafe condition or operation of the vehicle or for any other reason.
The Owner/Operator shall maintain such public liability and property damage insurance with a company or companies authorized to do business within the UK.
The Owner/Operator agrees to provide Village Taxis with the original and a copy of the insurance certificate evidencing the required insurance coverage at the time of commencing work with Village Taxis and at each subsequent annual insurance renewal date and at any other time within 24 hours of a Village Taxi request. The
Owner/Operator appreciates that failure to do so will cause Village Taxis to immediately suspend the Independent Contractor from receiving any work and if the matter is not resolved within 7 days of the insurance expiry date may require Village Taxis to inform the Licensing Department of the applicable Council involved.
The Owner/Operator shall indemnify, hold harmles, and defend Village Taxis against all liability or loss and against any and all claims or actions based upon or arising out of damage or injury (including death) to persons or property created or sustained in connection with the operation of the taxicab or conditions created thereby, or based upon any violations of any statute, byelaw, or by the like, including but not limited to lawyers’ fees and other costs of defending any claims or actions.
The Owner/Operator shall also indemnify Village Taxis against any and all lability and loss in connection with said taxicabs, and shall assume full responsibility for payment of all national and local taxes or contributions imposed or required under current or future regulations regarding unemployment insurance, social security, and income tax laws, with respect to the Owner/Operator drivers engaged in the performance and operation of said taxicabs.
10. USE OF THE INSIGNIA
In consideration of entering into this Agreement, the Owner/Operator agrees that their vehicle shall comply with the relevant taxi licensing authority requirements concerning vehicle signage and with the insignia of Village Taxis.
The Owner/operator agrees that they will remove all Village Taxis insignia from their vehicle prior to the removal of their vehicle from service and immediately upon termination of this Agreement whatever the reason.
The Owner/operator agrees not to hold themselves out to others as a Village Taxi agent, representative, servant, or employee, nor as one who is qualified to act in any one of these capacities.
11. OWNERSHIP OF ONE OR MULTIPLE VEHICLES
Where the Owner/O perator owns one or more taxicab, the Owner/Operator/Fleet Owner(s) shal provide the following information for every driver :-
A Copy of Insurance certificate proving the car renter has been added to the policy;
B Copy of the driver’s national driving licence and local driver’s licence (badge):
C Full legal name, home address, phone number, etc.;
D Date of starting work.
The failure of the Fleet Owner to provide all the above documents and details will result in Village Taxis preventing the vehicle and driver from logging onto its network until the matter is fully rectified.
Any violation of any of the provisions of this Agreement shall automatically be deemed a breach of said Agreement and Village Taxis may, at their discretion, choose to terminate the Agreement due to the breach. Other breaches that also constitute a breach of the Agreement that may cause the Agreement to be terminated by Village Taxis
A A failure to make payments due to Village Taxis in a timely manner;
B The breaking of any National or local Bye-laws or regulations relating to the operation of taxis by Village Taxis;
C The breaking of any Village Taxis Rules or Regulations;
D Picking up the customer dispatched to another taxi.
13. EXTENT OF CONTRACT
This Agreement replaces and cancels all former contracts, if any, and forms the all-inclusive contract between the parties hereto, and it may not be amended other than in writing signed by both parties to the Agreement.
The Owner/Operator agrees that no statement or assurances have been made by Village Taxis or its representatives regarding the operation of a taxicab company or the duties of Village Taxis with regard to the Owner/Operator, except as specifically expressed herein.
Any relinquishment of any rights by Village Taxis arising from an infringement or evasion of any of the provisions of this Agreement shall not be construed as a continuing waiver of any other infringement or evasion in the same or in other provisions of the Agreement