TERMS OF BUSINESS FOR THE SUPPLY OF DRIVER SERVICES TO OPERATORS/DRIVERS/SUB-CONTRACTORS.
Effective from 1st August 2017
1.1 In these terms of business the following definitions apply.
“D&L” – means D&L Driver Hire Ltd, whom the client has agreed driver services to operate the client’s vehicles.
“Assignment” – means the period during which the Driver is supplied by D&L to provide services to the Client.
“Assignment Details Form” – means written confirmation of the assignment details agreed with the Client prior to the Commencement of the Assignment.
“Client” – means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to whom the Driver is introduced.
“Driver Hire Business” – means D&L Driver Hire Ltd, whose registered address is, 34 Willow Drive, Droitwich Spa, Worcester WR9 7QE. Companies House Registration Number 10870833. Website: -
“Driver” – means the individual who is introduced by the Driver Hire Business to provide a service to the Client.
“Periods of Availability” – means periods of waiting time as defined under the Road Transport (Working Time) Regulations 2005, namely periods of waiting time whose duration is known about in advance by the Driver. Such periods of time consist of time spent when the Driver is not required to remain at his/her workstation, but must be available to answer calls to start or resume driving or other work on request; and the period and the foreseeable duration is known in advance, either before departure or just before the start of the period of availability in question
“Period of Extended Hire” – means any additional period that the Client wishes the Driver to be supplied for beyond the duration of the original Assignment or series of Assignments as an alternative to paying a Transfer Fee.
“Working Time” – means working time as defined under the Road Transport (Working Time) Regulations 2005, namely, time consisting of those periods during which the Driver is at their workstation at the disposal of the Client and exercising his/her functions or activities, and that such periods of time are devoted to road transport activities, such as driving, loading and unloading, assisting passengers boarding the vehicle, cleaning and maintenance of the vehicle, and all other work intended to enhance the safety of the vehicle, cargo and passengers or to fulfil the legal or regulatory obligations directly linked to the specific transport operations.
1.2 Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1 These Terms together with the attached Schedule and any applicable Assignment Details Form (“the Terms”) constitute the contract between the Driver Hire Business and the Client for the supply of the Driver services by the Driver Hire Business to the Client and are deemed to be accepted by the Client by virtue of its request for, interview with or Engagement of the Driver or the passing of any information about the Driver to any third party following an Introduction.
2.2 These Terms contain the entire agreement between the parties and unless agreed in writing by a director of the Driver Hire Business, these Terms prevail over any Terms of Business purchase conditions put forward by the Client.
2.3 Disclaimer on all communications stipulates the clients is bound by these T&C when conducting business with us. The Driver Hire business will confirm final arrangements via email to the client, all controlled documents, emails carry such disclaimer advising the client to refer to our T&C, once business has been agreed, the Driver Hire Business & Client accept these terms on these conditions. It is the clients responsibility to ensure these T&C are fully read & accepted, not the responsibility of the Driver Hire Business to pursue any understanding once an agreement has been made for failure to refer here as directed.
2.4 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between a director of the Driver Hire Business and the Client are set out in writing and a copy of the varied Terms is given to the Client stating the date on or after which such varied Terms shall apply.
2.5 Once booking has been confirmed by the client and D&L, quotation's agreed is due usually 7-day term from the last day of hire.
2.6 Cancellations of confirmed bookings carry a 14-day cooling period without charge on day of booking made, unless such booking commences within 30 days, then no cooling period offered.
2.7 Cancellations made between 2-4 weeks of commencing hire is subjected to 50% payment charged, full payment due 14 days prior to hire. Block bookings are charged in full once commenced. weekly invoices with 7-day terms.
2.8 In the event D&L is unable to provide the requested/agreed driver once the booking has been committed, we reserve the right to supply an alternative driver with the same level of skills to commence the hire. The operator does have the final say to agree/disagree; however, D&L cannot be held responsible for matters beyond our control. D&L reserves the right to still charge for such hire, however each case will be merited on such agreed outcome.
2.9 Block bookings made by operators and confirmed is on the basis of Monday to Friday. Any weekend requests, including a 6th day tacho day must be agreed Tuesday before 17:00 to our admin department. failure to comply may result in refusal, for the driver to decide is final.
2.10 Block booking made by operators will be based on standard driving 9 hours over 12, please provide much notice as possible should drivers hours exceed, minimum 48 hours. Driver has the final decision below 48 hours without prejudice.
2.11 Each standard day must NOT exceed 12 hours! Otherwise hourly rates will be charged per unit (1 hour), the operator is kindly asked to provide 48 hours’ notice to exceed the standard day to avoid refusal from the driver to conduct.
2.12 Driver personal commitments during local hires whereas no additional job sheets were provided (prior to the workday commencing in between driving duties such as AM/PM schools with no bookings between), may be taken without penalty or complaint from the client to use as driver’s choice. Operators vehicles or use of fuel for personal use is not acceptable during this period, driver covers own costs or return to yard for own vehicle. Drivers are expected to clean their own coach during the week, not yard duties to wash the fleet or be given a different coach each day in need of attention to detail. Driver discretion.
2.13 COMPLAINTS - Please allow 14 days of receiving any complaints to be investigated, we aim to resolve all complaints within 28 days.
2.14 Any complaints received does not warrant cease of remaining contract, in cases of block bookings or future schedules booked in advance.
2.15 If serious gross misconduct on either side is the cause of any complaint, breaching driver laws, criminal offences made can render the contract made on a mutual agreement without further charges being enforced, alternatively you can request a change of driver on minor issues.
2.16 Client has no powers to terminate any contract/agreed bookings unless criminal matters or risk to safety has been comprised to such an extent with police involvement. Again, mutual agreement on both sides to resolve matters involved in any complaint presented.
2.17 DPA regulations applies, under no circumstances should any complaint be made available on any social media platform (or disclosed to third parties) from any parties. Such actions can be deemed as slanderous and damaging to either all clients involved in such agreement.
3. CLIENT OBLIGATIONS
3.1 To enable the Driver Hire Business to comply with its obligations under the Conduct Regulations the Client undertakes to provide to the Driver Hire Business details of the position which the Client seeks to fill, including the following:
3.1.1 the type of work that the Driver would be required to do;
3.1.2 the location(s) and hours of work;
3.1.3 the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or professional body for the Driver to possess in order to work in the position;
3.1.4 any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;
3.1.5 the date the Client requires the Driver to commence the Assignment;
3.1.6 the duration or likely duration of the Assignment;
3.1.7 adhere to the rate of hire, expenses and any other benefits that would be offered.
3.2 The Client will assist the Driver Hire Business in complying with the Employment Business’ duties under the Working Time Regulations 1998 (as amended) by supplying any relevant information about the Assignment requested by the Driver Hire Business and the Client will not do anything to cause the Driver Hire Business to be in breach of its obligations under these Regulations. If the Client requires the services of a Driver for more than 48 hours in any week during the course of an Assignment, the Client must notify the Driver Hire Business of this requirement before the commencement of the Assignment or at the very latest, where this is not reasonably practicable, before the commencement of the week in which the Client requires the Driver to work in excess of 48 hours.
3.3 The Client agrees to pay the Driver Hire Business’ charges in respect of the number of hours worked by the Driver. For the avoidance of doubt, for Mobile Workers involved in operations subject to EU Drivers Hours Rules, the number of hours worked by the Driver during the week comprises of the total number of hours Working Time and the total number of hours spent as Periods of Availability as defined under the Road Transport (Working Time) Regulations 2005.
3.4 The Driver Hire Business assumes responsibility for keeping and maintaining records of the Driver’s Working Time and night work under the Road Transport (Working Time) Regulations 2005.
3.5 The client must provide work schedules in advance prior to bookings. Any additional work added on the day, can be rejected by the driver or agency without penalty.
3.6 Drivers are not hired to commence yard duties, other than the schedules provided, keeps their vehicle of high standards provided they received the vehicle in the same respective manner. The driver is within their rights to refuse yard duties between scheduled work tickets caring for other vehicles within the company apart from their own allocated motor. We are a driver hire agency, not contractual cleaning company, without prejudice with the best of intentions.
4. INFORMATION TO BE PROVIDED
4.1 When introducing a Driver to the Client the Driver Hire Business shall inform the Client of:-
4.2 the identity of the Driver;
4.3 the Driver has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment;
4.4 whether Driver will be employed by the Driver Hire Business under a contract of service or apprenticeship or a contract for services;
4.5 that the Driver is willing to work in the Assignment;
4.6 the hourly/daily charges of the Driver Hire Business
4.7 Where such information is not given in paper or by electronic means it shall be confirmed by such means.
4.8 The client assumes responsibility for keeping and maintaining records of the Drivers Working Time and Night Work under the Working Time (Road Transport) Regulations 2005.
5. DRIVER CONDITIONS
5.1 All drivers within the D&L must ensure they are fully compliant and regulated in the country they conduct their services UK & Europe, registered as a Limited Company, employed by their own company, PAYE system in place, remain within the rulings of IR35 set out by HMRC, business bank account and any other legal legislation required to conduct such legal business practice in the industry.
5.2 Once the client confirms and accepts the named driver provided by D&L, the driver is expected to honour such booking to the standards we expect as professional directors/Drivers!
5.3 Should the driver cancel confirmed bookings once in place, to favour other business proposals will be subjected to pay D&L Driver Hire Ltd loss of business earning for failure to honour arrangements, integrity, pride and honest business practice we fight to uphold in our company. Once a booking is agreed, you will deliver that agreement and any other bookings made thereafter. Should the operator fail to find a replacement driver for your breach of contract failing to provide confirmed services, then further losses can be made against you recover such losses, such as premium rates higher for short notice suitable replacement (driver to pay the differance from their agreed rates to the new drivers rates), or the operator losses the booking to another coach provider (driver to pay amounts lost), operator losses future fixed bookings for the remaining duration of their business contract, lost by the actions of driver at fault.
5.4 We do NOT ask for a legal contract to be signed by the driver or the operator. By accepting business vis D&L, you agree to uphold the terms and conditions and become legally bounded to deliver such service. Disclaimers will always be clearly worded on all email, invoices, quotes and any other business with a link address to such conditions. It is your responsibility to read and check before confirming any final acceptance.
5.5 SMS, Verbal discussions and agreements MUST always be finalised with confirmation email and replied to the urgency of the business arrangement. This makes any agreements discussed legal and committed. Failure to adhere to written finalisation on email, mainly based via SMS or other media form, will be considered as a confirmed booking. It is still the operator’s responsibility to read up on these terms, considering social media messages has no disclaimer on the foot-header.
5.6 Any disputes/complaints raised against either party is subjected to the rules of our complaint’s procedure, investigation and final agreed solution. Business commitments must never be used in protest to cause disruption to our businesses.
5.7 Breach of contract by either party failing to work the remaining duration is deemed unacceptable. D&L protects the drivers and raises the bar to eliminate unfair practices, we also protect the operator too.
5.8 The driver shall not work or accept bookings from our clients for minimum of 1 year from the last day of hire. Regardless new or existing introductions (ex-driver/sub-contractor of our client not supplied through us). Transfer fee applies if breached.
Driver is the director of their own limited company. Be better and lead by example, your more than just a driver, you have a duty to honour agreements, provide a service without complications or excuses to justify a breach of deliverance!
6.1 The Client agrees to pay such hourly/daily charges of the Driver Business as notified to and agreed with the Client. The hourly/Daily charges are
calculated according to the number of hours/days worked by the Driver (to the nearest quarter hour) and comprise the following:-
6.2 the Drivers hourly/daily rate of pay;
6..3 an amount equal to any statutory leave to which the Driver is entitled and which is accrued during the course of an Assignment;
6.4 employer’s National Insurance contributions;
6.5 any travel, hotel or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable; and
6.6 the Driver Hire Business’ commission, which is calculated as a percentage of the Drivers hourly/daily rate.
6.7 daily flat rate set by the Driver Hire Business stands at £150/£180 per day for standard/extended <15 hrs, unless prior arrangements made beforehand.
6.8 VAT is charged as from 1st November 2018. Operators VAT registered can reclaim this back via their accountant.
6.9 The Driver Hire Business reserves the right to vary the hourly/daily charges agreed with the Client, by giving written notice to the Client, in order to comply with any additional liability imposed by statute or other legal requirement or entitlement.
6.10 The charges are invoiced to the Client at the end of assignment basis and are payable within 7 days. VAT is payable at the applicable rate on the entirety of these charges.
6.11 The Driver Hire Business reserves the right to charge interest on invoiced amounts unpaid by the due date at the daily rate of £10 from the due date until the date of payment received.
6.12 Driver Hire Business will recover all costs from the client, daily late payment fee, 20% of invoice owed via Redwood debt recovery - this includes late payment fees added to original invoice, legal assistance fees, court fees and any other fees occurred by the Client towards Driver Hire Business after every attempt made to resolve arrears issues without successful collection. Any further assignments already confirmed as booked made by the Client and Driver Hire Business will be suspended (once referred to a debt collector, in this instance, would be Redwood Recovery), Driver Hire Business reserves the right to fully recover the invoiced amount for future confirmed assignments not yet passed, due to arrears and breach of contract by the Client. Unsuccessful recovery will incur further costs for Legal Services.
6.5.1 Driver Hire business will charge an additional £180 per day for court attendance (daily driver rate), accommodation costs, meal allowance and travel expenses of £0.45 per mile to/from court hearing from the Driver Hire Business address of trading.
6.5.2 Discounted items applied on client’s invoices will be reapplied as full charge in the event of overdue amounts not settled by the due date agreed (7-day term).
6.5.3 Drivers supplied to clients are responsible to settle any invoices owed. Tour operators are not part of this agreement unless they have directly requested our services, placing drivers into coach operators for operational purposes (specialised tours).
6.5.4 D&L will supply clients with drivers for the purpose to drive the clients vehicles, as own drivers or use of sub-contractors, using their schedule provided, operational circumstances beyond our control is not the responsibility of D&L should the schedule not be possible to adhere to. Drivers failing to conduct as contracted without reasonable circumstances, will be personally responsible for any loss of business, compensation or investigations made by the client and tour operator, not D&L.
6.5.5 We cannot guarantee the delivery of additional services other than to drive the vehicle in question. Coach operators must approve the drivers in-house and complete all the relevant permissions with their own client for authorisation to proceed the hire before commitments are made to use our services. Disputes raised between our client and theirs has no bearing or responsibility towards ourselves. The full agreed amount is charged as agreed by the due date invoiced. Additional services are deemed as on-board hospitality, guide knowledge of the tour/hire, selling of optional trips, tour operator uniforms and their level of service expected. This responsibility rests on the client alone to ensure they provided as contracted to their client, the client responsible to ourselves is the hirer and bill payer of our services.
6.5.2 D&L Driver Hire Ltd Drivers - Employed or Sub-Contracted on behalf of D&L are also accountable to 'Us' & the 'Client' for failing to honour confirmed & agreed bookings once accepted by the agreed allocated driver/contractor. The driver/contractor is responsible for all costs involved to rectify the booking, additional work to seek replacement driver. Should the whole contract with the client be retracted from D&L, cause of the driver/contractor, D&L reserve the right to invoice the driver/contractor at fault for the full original quoted amount agreed by the client as quoted from D&L.
6.5.3 All agreements are carefully monitored for the purpose of all parties involved, the client, the driver, the subcontractor via written electronic communication. All parties have a duty & care to deliver agreed services once confirmed.
6.5.4 Suitable accommodation will be provided by the client, fit for purpose of the contract, such as hotel, B&B, or shared driver self-catering property by the client or ourselves. Any arrangements can be amended at short notice, provided such accommodation as deemed acceptable to comply with such legislation in place as written into law covering Drivers Hours and rest periods (Away from the clients place of trading, any vehicles or business related matters that could affect their rest periods (no passengers or carrying out any other duties other than own personal time).
6.5.5 All parties involved to deliver our services are to be DPA compliant, to ensure our agreements remain confidential without disclosure out with such parties. D&L agreements remain protected with the clients, driver and subcontractors used to form such legal binding contract. Driver/sub-contractor agreements are not part of the client's agreement made with D&L. Therefor all parties must not disclose any part of the agreed term to the client, vice versa. This also covers disclosed information to other drivers, operators, subcontractors, for the purpose to sabotage the D&L brand. Failure to comply with DPA laws can result in further legal implications.
6.5.6 All drivers must always be presented business formality whilst engaged in duties for D&L. Abide by the expected professional code of conduct as a driver throughout the whole hire with our clients. Remain legal, cards up to date and follow the laws that applies during the hire of your schedule. Any complaints deemed a serious gross misconduct will be at the expense of the driver, for sending replacement drivers, all costs to be met via the original driver on the hire. Any invoices due by D&L driver hire to our driver subcontractors are subjected to completion of the agreed hire, and monies due 7 day, then after the 7-day term we give our clients (14 days).
6.6.1 The client is responsible for insurance for the vehicle and driver referred as a sub-contractor. Please check your policy details.
6.6.2 This does NOT cover the vehicle as replacement to operators own insurance, for this must be covered under your own policy.
6.6.3 Public Liability of £5 Million & Driver Negligence insurance £10,000 per claim, £50,000 maximum per year applies as per D&L insurance policy across the board. Provided full rates is being charged to the client from commencing start date, and any excess fee due to our insurers should the situation arise. Changes cannot be rectified to administer a claim on amounts less than the standard daily charges we have in place.
6.6.4 Driver Negligence covers at fault claims deemed by our insurance provider upon investigation. Excess under D&L policy amounts to £750, payable by the client. Should any claim arise whereas D&L is deemed at fault, we will pay out as instructed. IT IS IMPORTANT YOU ARE AWARE OF THIS!
6.6.5 Insurance is only valid whilst D&L driver is in control of the vehicle. Non fault claims are responsibility of the client to proceed on their own insurance. Damage to client’s vehicle whilst stationary is the responsibility of the client, D&L driver must be driving at the time of all fault claims, period, provided you have agreed to the optional payment of such cover before the hire commences. If the operator to supply their own additional driver as double man, any claims caused by another other than D&L driver, will not be acceptable.
6.6.6 Any at fault claims in progress does not affect terms of payment, client must not withhold/decline to pay such invoice. Allow both parties insurance to determine at fault and organise payments of damages directly. There is no purpose or need to withhold payment, as insurances will determine cause and blame, NOT the client.
6.6.7 Complimentary insurance is provided as part of the service we offer through ourselves. The operator must pay the full rate as 6.1.6 without discounts or special offers in conjunction to the free insurance. Should a lesser daily fee be agreed with the operator by ourselves, then any damages is directed via the operators own commercial insurance due to our fees and overheads not being met to provide this service. PL&DNI IS NOT PROVIDED UNLESS FULL RATES ARE ADHERED TO FROM THE START OF THE HIRE. Please ensure you fully understand this, as mistakes cannot be adjusted on the failure to not reading our T&Cs. Usual contract applies if account debt referred for non-payments due to any claims being denied on this basis.
7 PAYMENT OF THE DRIVER
7.1 The Driver Hire Business assumes responsibility for paying the Driver and, where appropriate, for the deduction and payment of all statutory contributions in respect of National Insurance Contributions and PAYE Income Tax applicable to the Driver pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003.
8. TRANSFER FEES
8.1 The Client shall be liable to pay a Transfer fee if the Client Engages a Driver introduced by the Driver Hire Business, either directly or through another Driver Hire business, or introduces the Driver to a third party and such introduction results in an Engagement of the Driver by the third party and
8.1.1 where the Driver has been supplied by the Driver Hire Business, such Engagement takes place during the Assignment or within the Relevant Period; or
8.1.2 where the Driver has not been supplied, such Engagement takes place within 3 months from the date of the introduction to the Client.
The Transfer Fee will be calculated in accordance with the Schedule.
8.2 If the Client wishes to Engage the Driver either directly or through another Driver Hire business, without liability to pay a Transfer Fee the Client may, on giving one month written notice to the Driver Hire Business, engage the Driver for the Period of Extended Hire specified in the Schedule.
8.3 During such Period of Extended Hire the Driver Hire Business shall supply the Driver on the same terms on which s/he has or would have been supplied during the Assignment and in any case on terms no less favourable than those terms which applied immediately before the Driver Hire Business received the notice in clause 8.2; and the Client shall continue to pay the charges set out in clause 6. If the Driver Hire Business is unable to supply the Driver for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Client does not wish to hire the Driver on the same terms as the Transfer Fee, reduced pro-rata to reflect any charges paid by the Client during being Engaged by the Client. If the Client fails to give notice of their intention to Engage the Driver before the Engagement commences, the parties agree that the Transfer Fee shall be due in full.
8.4 Where prior to the commencement of the Engagement the Driver Hire Business and the Client agree that the Engagement will be on the basis of a fixed terms of less than 12 months, the Driver Hire Business may, in its absolute discretion, reduce the Transfer Fee as calculated in accordance with the Schedule pro-rata. Such reduction is subject to the Client Engaging the Driver for the agreed fixed term. Should the Client extend the Drivers Engagement or re-Engage the Driver within 12 months from the commencement of the initial Engagement, the Driver Hire Business reserves the right to recover the balance of the Transfer Fee.
9. SUITABILITY CHECKS
9.1 Where the Driver is required by law, or any professional body to have any qualifications or authorisations to work on the Assignment or the Assignment involves working with, caring for or attending one or more Vulnerable Persons the Driver Hire Business will take all reasonably practicable steps to obtain and offer to provide copies to the Client of:-
9.1.1 any relevant qualifications or authorisations of the Driver; and
9.1.2 two references from persons who are not relatives of the Driver and who have agreed that the references they provide may be disclosed to the Client;
and such other reasonably practicable steps as are required to confirm that the Driver is suitable for the Assignment. If the Driver Hire Business has taken all reasonably practicable steps to obtain the information above and has been unable to do so fully it shall inform the Client of the steps it has taken to obtain this information in any event.
9.2 The Client shall advise the Driver Hire Business at the time of instructing the Driver Hire Business to supply a Driver, or if it is not reasonably practicable, at the very latest, prior to the commencement of the Assignment, whether during the course of the Assignment, the Driver will be required to work with, care for or attend one or more Vulnerable Persons or engage in activity or otherwise be working in a position covered by the Safeguarding Vulnerable Groups Act 2006 or equivalent legislation in Scotland or Northern Ireland.
9.3 The Client shall assist the Driver Hire Business by providing any information required to allow the Driver Hire Business to comply with its statutory obligations under the Safeguarding Vulnerable Groups Act 2006 or equivalent legislation in Scotland or Northern Ireland and to allow the Driver Hire Business to select a suitable Driver for the Assignment.
8.2 In particular in the event that the Client removes a Driver from an Assignment in circumstances which would require the Driver Hire Business to provide information to the Independent Safeguarding Authority [or equivalent authority] under the Safeguarding Vulnerable Groups Act 2006 [or equivalent legislation in Scotland or Northern Ireland], the Client will provide sufficient information to the Driver Hire Business to allow it to discharge its statutory obligations.
10. UNSUITABILITY OF THE DRIVER
10.1 The Client undertakes to supervise the Driver sufficiently to ensure the Client’s satisfaction with the Drivers standards of work. If the Client reasonably considers that the services of the Driver are unsatisfactory, the Client may terminate the Assignment either by instructing the Driver to leave the Assignment immediately, or by directing the Driver Hire Business to remove the Driver. The Driver Hire Business may, in its absolute discretion, in such circumstances, reduce or cancel the charges for the time worked by that Driver, provided that the Client has notified the Driver Hire Business immediately that they have asked the Driver to leave the Assignment or the Assignment terminates.
10.1.1 within 4 hours of the Driver commencing the Assignment where the Assignment is for more than 7 hours or less;
10.1.2 within 2 hours for Assignments of 7 hours or less;
and providing that notification of the unsuitability of the Driver is confirmed in writing to the Driver Hire Business within 48 hours of the termination of the Assignment.
10.2 The Driver Hire Business shall notify the Client immediately if it received or otherwise obtains information which gives the Driver Hire Business reasonable grounds to believe that a Driver supplied to the Client is unsuitable for the Assignment and shall be entitled to terminate the Assignment forthwith without prior notice and without liability. Notwithstanding the Client shall remain liable for all such hourly/daily charges incurred prior to the termination of the Assignment.
10.3 The Client shall notify the Driver Hire Business immediately and without delay and in any event within one hour if the Driver fails to attend work or has notified the Client that they are unable to attend work for any reason.
11 TERMINATION OF THE ASSIGNMENT
11.1 Any of the Client, the Driver Hire Business or the Driver may terminate an Assignment at any time without prior notice and without liability (except in the case of termination by the Client, who shall be liable for any charges due under clause 6 above).
12. CONFIDENTIALITY AND DATA PROTECTION
All information relating to a Driver is confidential and subject to the Data Protection Act 1998 (“DPA”) and is provided solely for the purpose of providing work-finding services to the Client. Such information must not be used for any other purpose nor divulged to any third party and the Client always undertakes to abide by the provisions of the DPA in receiving and processing the data. In addition, information relating to the Driver Hire Business’ business which is capable of being confidential must be kept confidential and not divulged to any third party, except information which is in the public domain.
13. INTELLECTUAL PROPERTY RIGHTS
All copyright, trademarks, patents and other intellectual property rights deriving from the Assignment shall belong to the Client. Accordingly, the Driver Hire Business shall use its reasonable endeavours to ensure that the Driver shall execute all such documents and do all such acts in order to give effect to the Client’s rights pursuant to this clause.
14.1 Whilst reasonable efforts are made by the Driver Hire Business to give satisfaction to the Client by ensuring reasonable standards of skill, integrity and reliability from the Driver and to provide them in accordance with the Assignment Details as provided by the Client, the Driver Hire Business accepts no liability for any loss, expense, damage or delay arising from any failure to provide any Driver for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Driver. For the avoidance of doubt, the Driver Hire Business does not exclude liability for death or personal injury arising from its own negligence.
14.2 Drivers supplied by the Driver Hire Business are engaged under contracts for services. They are not the employees of the Driver Hire Business but are deemed to be under the supervision, direction and control of the Client from time to time they report to take up duties and for the duration of the assignment. The Client agrees to be responsible for all acts, errors or omissions of the Driver, whether wilful, negligent or otherwise as though the Driver was on the payroll of the Client. The Client will also comply in all respects with all statutes, including, for the avoidance of doubt, the Working Time Regulations, Health and Safety At Work Act etc, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject to in respect of the Client’s own staff (excluding matters specifically mentioned in clause 6 above), including in particular the provision of adequate Employer’s public Liability Insurance cover for the Driver during all Assignments.
14.3 The Client shall advise the Driver Hire Business of any special health and safety matters about which the Driver Hire Business is required to inform the Driver and about any requirements imposed by law or by any professional body, which must be satisfied if the Driver is to fill the Assignment. For Drivers who are mobile workers working in operations subject to EU Drivers Hours Rules, The Client will assist the Driver Hire Business in complying with the Employment Business’ duties under EU Drivers Hours Rules and the Road Transport (Working Time) Regulations 2005 by supplying any relevant information about the Assignment requested by the Driver Hire Business including copies of tachograph charts for Drivers. Furthermore the Client will not do anything to cause the Driver Hire Business to be in breach of its obligations under the Road Transport (Working Time) Regulations 2005.
14.4 For Drivers who are mobile workers working in operations not subject to EU Drivers Hours Rules and Drivers who are not mobile workers, the Client will assist the Driver Hire Business in complying with the Driver Hire Business’ duties under the Working Time Regulations 1998 (as amended) by supplying any relevant information about the Assignment requested by the Driver Hire Business and the Client will not do anything to cause the Driver Hire Business to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Driver Hire for more than 48 hours in any week, the Client must notify the Driver Hire Business of this requirement before the commencement of that week.
14.5 The Client undertakes that transport time schedules shall conform to the requirements of EU Drivers Hours Rules and the Road Transport (Working Time) Regulations 2005.
14.6 The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Driver for the Driver to fill the Assignment.
14.7 The Client shall indemnify and keep indemnified the Driver Hire Business against any costs, claims or liabilities incurred by the Driver Hire Business arising out of any Assignment or arising out of any non-compliance with clauses 14.2 and 14.3 and/or as a result of any breach in the Terms by the Client.
15. SPECIAL SITUATIONS – DRIVERS
15.1 Drivers are supplied by the Driver Hire business on the sole understanding that the Client holds an operator’s licence under the Goods Vehicle (Licensing of Operators) Act 1995 when required.
15.2 As far as is possible, the Driver Hire Business will check references of drivers and will examine driving licence and permits; notwithstanding this, the Client agrees to take direct responsibility for all statutory duties where applicable in respect of driving licenses and permits, drivers’ hours and records, the issue and collection of tachograph cards, maintenance and safety of vehicles, Health and Safety Regulations, and Road traffic and liability insurances, including but not limited to fully comprehensive insurance for the vehicle to be driven and its contents. The Client shall on request permit the Driver Hire Business to inspect its operator’s licence and policies of insurance for the vehicles to be driven by the Driver.
15.3 To assist Clients in complying with the relevant provisions of the Goods Vehicle (Licensing of Operators) Act 1995, the Driver Hire Business aggress to provide the Client upon request with such information as is available to the Driver Hire Business about any driving assignments carried out by a driver in the seven days immediately preceding the commencement of an assignment with the Client, provided the driver shall have worked for a Client of the Driver Hire Business during those seven days.
15.4 The Client shall advise the Driver Hire Business of any special health and safety matters about which the Driver Hire Business is required to inform the Driver and about any requirements imposed by law by any professional body, which must be satisfied if the Driver is to fill the Assignment. For Drivers who are Mobile Workers working in operations subject to EU Drivers Hours Rules, the Client will assist the Driver Hire Business in complying with the Driver Hire Business’ duties under EU Drivers Hours Rules and the Road Transport (Working Time) Regulations 2005 by supplying relevant information about the Assignment requested by the Driver Hire Business including copies of tachograph charts for Drivers. Furthermore the Client agrees not to do anything to cause the Driver Hire Business to be in breach of its obligations under the EU Drivers Hours Rules and the Road Transport (Working Time) Regulations 2005.
15.5 For Drivers who are Mobile Workers working in operations not subject to EU Drives Hours Rules and Drivers who are not Mobile Workers, the Client will assist the Driver Hire Business in complying with the Driver Hire Business’ duties under the Working time Regulations 1998 (as amended) by supplying any relevant information about the Assignment requested by the Driver Hire Business and the Client will not do anything to cause the Driver Hire Business to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Driver for more than 48 hours in any week, the Client must notify the Driver Hire Business of this requirement before the commencement of that week.
15.6 The Client undertakes that transport time schedules shall conform to the requirements of EU Drivers Hours Rules and the Road Transport (Working Time) Regulations 2005.
16.1 The Client undertakes to supervise the Driver sufficiently to ensure the Client’s satisfaction with the Drivers standards of workmanship. If the Client reasonably states that the services of the Driver prove unsatisfactory, the Client may terminate the Assignment either by instructing the Driver to leave the Assignment immediately or by directing the Driver Hire Business to remove the Driver. The Driver Hire Business may in such circumstances reduce or cancel the charges for the time worked by that Driver, provided that the Assignment terminates:-
a) Within four hours of the Driver commencing the Assignment where the Assignment is for more than seven hours;
b) Within two hours for Assignments of seven hours or less.
And also provided that notification of the unsuitability of the Driver is confirmed in writing to the Driver Hire Business within 48 hours of the termination of the Assignment.
16.2 Any of the Client, the Driver Hire Business or the Driver may terminate an Assignment at any time without prior notice and without liability, existing bookings made prior to any termination is still under contract. See Section 2 of these terms & conditions.
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
SCHEDULE Transfer Fees
(a) The Transfer Fee referred to in clause 8 shall be agreed in writing between the Driver Hire Business and the Client. In the event that the parties do not agree the amount of the Transfer Fee then the Driver Hire Business shall be entitled to charge a fee calculated as follows: 10% of the Remuneration payable to the Driver during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly/daily charges set out in clause 6.1 above multiplied by 150.
(b) The Period of Extended Hire, referred to in clause 8, before the Client Engages a Driver, shall be agreed in writing between the Driver Hire Business and the Client. In the event that the parties do not agree the length of the Period of Extended Hire then the period shall be 12 weeks.
© 2017 Redwood Collections Ltd. All rights reserved. 020 8288 3570
Company registered in England and Wales. Registered Office: Airport House, Purley Way, Croydon, Surrey, CR0 0XZ - Registration Number: 7028062
Authorised and regulated by the Financial Conduct Authority for accounts formed under the Consumer Credit Act 1974 (amended 2006)