Uber Driver Contract
Background of a uber partnership agreement
The uber operator normally permits the driver to possess and drive the tax as per the terms of the uber partnership agreement. If the operator operates more than a taxi and wished to make some or all of them available to the driver, the taxis are listed in the schedule of the uber partnership agreement.
Possession and usage of uber taxis
The operators allow the drivers to possess the taxi and use all the equipment in the tax as per the terms of the uber partnership agreement.
Life of the uber partnership agreement
The uber partnership agreement starts when both parties sign the document or on date specified in the schedule. If there is no written or signed agreement among the parties, the uber partnership agreement begins when the driver logs in to the operator’s taxi. In the event the driver fails to log in, the uber partnership agreement begins when the driver begins his first shift using the operator’s vehicle.
Further, the uber partnership agreement terminates on the completion date specified in the schedule of the agreement. This is unless it is terminated earlier as per the clauses or extended by the written agreement that is signed by the uber partnership agreement’s parties.
Earnings of the partners in a uber partnership agreement
The driver should keep or be paid a minimum of 55% of the Gross Fares that are earned when the driver has control over the taxi. For the sole purpose of the uber partnership agreement, gross fares denote the total fare acquired on the meter. This includes applicable occupancy fee, booking fee, late night surcharges, and public holiday surcharges.
Further, the operator must maintain a record of several things. Hey include a record of all payments that are made between the driver and himself, shifts done by the driver, the total amount of the gross fares earned in each shift, and all surcharged that are charged in the shift. Moreover, the operator should not charge the driver fees or surcharges that could be subtracted from the agreed shares of the driver.
Maintenance of costs under an uber partnership agreement
The operator is required to pay all the maintenance or operating costs of the taxi. Such include but are not limited to oils, fuel, repairs, lubricants, taxi equipment, and replacement of taxi parts. Also, in the uber partnership agreement, the operator may nominate purchase places for the items. Thus, the driver is required to purchase the items at the nominated places. This is unless the purchase is an emergency, for instance when the oil lights of the c=engine come on and the nominate purchase place is not close.
Therefore, the driver should grant the operator the tax receipts invoices and receipts for the purchase of any items within reasonable time. The operator is also required to reimburse the driver within 7 days of receipt of the ta receipts or invoices from the driver. All the preceding should be expressly stated in the uber partnership agreement.
Insurance in a uber partnership agreement
The uber partnership agreement should also include the fact that the operator should maintain one or more insurance policies. They will aid in providing a certain amount of cover for every taxi driver. Such safeguard the driver against liability in relation to the property damage that arises out of the taxi.
The uber partnership agreement could also outline that the policies should be issues by authorized corporations to conduct insurance business. Further, that the policies be held in the names of the operator. The uber partnership agreement could also require that the policy be held in another name other than that of the operator. For instance, a policy held in the name other than that of the operator with the operator as a beneficiary is not sufficient to comply with the agreement’s clauses.
Also, the majority of the uber partnership agreements provide that the operator is responsible for and will pay applicable fees in excess of the payable policy. This is in relation to claims that involve the operator’s vehicles. Further, at any time during the term of the uber partnership agreement, authorized representatives may request evidence. Such is to show that the operator has a current insurance policy. Also, the operator may provide evidence to the reasonable satisfaction of the authorized representatives.
Moreover, the operator should ensure that the insurance policies or policy are current. The uber partnership agreement also requires that the copies of the same are provided to the driver upon request. The operators must also indemnify the drivers for any damage that is incurred on the vehicles. This arises out of the use of the operator’s taxi and for other costs including legal costs that are linked to the damage on the vehicle.
Other terms involving the insurance policy
If the operator holds a policy for public liability insurance or personal injury for the driver, he must keep certain records. Such include whether the operator agrees to maintain the policy for the duration of the agreement, the expiry date of the policy, policy information, and how the information could be obtained from the operator. If any incident occurs when the driver is in possession of the taxi, he must inform the operator of the incident. Such includes the details of the people involved, injuries incurred, witnesses, and the damage on the property. The driver should also give the operator copies of the statements given to the police or other persons regarding the incident.
Disputes
Disputes mean any disagreement or dispute that arises between the operator and driver. This includes a disagreement or dispute that concerns the meaning or substance of the agreement. Where disputed arise between the operator and driver, either party could give notices to other parties that state that there are disputes. Further, the parties should meet and try to resolve the disputes within seven days of the party giving notice of the disputes to the other parties. If the parties agree to a longer time, the parties should meet and try to resolve the disputes within the prolonged period. In instances where the parties try to resolve the conflicts and the disputes are not resolved, the parties could try resolving the dispute under the dispute resolution process.
Entitlement of leave to the driver
In instances where the driver has worked regularly for the operator for more than 12 months, he may be allowed to take four weeks of unpaid leave. This is done on a pro-rate basis. Further, unpaid leave is taken on dates that are agreed upon between the operator and driver. The operator should not unreasonably withhold their agreement to the dates where the driver could take their unpaid leaves. Also, the driver should have worked on a regular basis.
Termination of the uber partnership agreement
Either party may end the agreement for any reason. However, a two weeks written notice of their intention to end the agreement to the other party. Further, either of the parties may end the agreement through a written notice if the other party breaches terms of the agreement. If either of the parties end the agreement under the preceding terms, the driver should upon termination of the agreement, return the vehicle to a place designated by the operator.
Bond
The operators could require the driver to pay a certain amount of bond. The total amount that is collected as bond should not be more than a set amount. Further, the operators could collect the bond in incremental amounts through requiring the driver to pay certain portions towards the bond in every shift. If the driver pays the operator a bond, the operator should give the drive receipt and deposit the bond in a certain bank account.
Also, as long as the operator could offer reasonable evidence of the loss, the operator may only take money from the bond in certain instances. Such include when the driver fails to pay the operator the operator’s share of the gross fares as per the uber partnership agreement. Also, the taxi or any other item of equipment may be damaged owing to the conduct of the driver.
Control of the Taxi
Subject to other terms of the uber partnership agreement, and other relevant laws during the shift of the driver. In such, the driver will have complete control over the taxi, will not be subject to the instructions of the operator, and may drive the taxi to anywhere that is permitted by the license conditions of the taxi. If the operator requires the taxi during a shift for the repairs or an inspection, the driver is not subject to the operator’s instructions or directions, and the driver may drive the taxi anywhere permitted by the taxi license conditions.
Also, if the operator requires the taxi during the shift for inspection or repairs, the driver should return it to the garage. The operator then makes reasonable efforts to find an alternative for all reasonable efforts to find an alternative for the rest of the shift.
References
https://www.uber.com/driver/signup
https://serach.visymo.com/results
https://www.izito.ws/find/quality_results
https://www.uber.comdriver/signup
https://search.visymo.com/search/nairobi
https://en-int.seekweb.com/search
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