These terms and conditions of business govern the general services for Ride Bahamas Limited trading as ‘Ride’ provides to you in your capacity as an independent self-employed individual in business. The terms apply to your access to and use of the Ride Driver Partner App made available by Ride Bahamas Limited at www.ride.partners and relevant App Store, Journey Booking System our provision of Ancillary Services and your business engagement with us. The terms shall apply on each occasion you use our services including the Driver Partner App and Journey Booking Service and for a period of 6 years from the last time you log out. Where references are made to “you” throughout these terms, they shall mean you in your capacity as an independent self-employed individual in business.
1. DEFINITIONS
Ancillary Services: Ride's provision of introducer and agency (including acting as your limited disclosed payment collection agent) services as set out and limited in this agreement, together with providing or procuring the provision of ancillary Driver Partner engagement services, being hardware/software setup, regulatory compliance, training and support to Driver Partners, to the extent requested by you.
Booking: the booking of a Journey by a Passenger or a Corporate Account Customer for the purposes of applicable law but for the avoidance of doubt does not include entering into a contract for the provision of transportation services.
Booking Fee: such fee as you and Ride may from time to time agree that you shall collect on behalf of Ride from a non-Corporate Account Passenger in relation to any charge by Ride to the Passenger for the Booking.
Booking Method: the various methods used by Operator for the invitation and processing of Bookings including but not limited to those made via telephone, mobile application and/or website.
CA Journey Agreement: as defined in Journey Agreement.
Cancellation Fee: such fee as you and Ride may from time to time agree that you shall collect on behalf of Ride from a non-Corporate Account passenger in relation to any charge by Ride to the Passenger for a cancelled booking.
Cash Bookings: bookings from non-Corporate Account Passengers who pay in cash.
Corporate Account Bookings: Bookings from Corporate Account Customers.
Corporate Account Customer: a person or organization which contracts with Ride for the carrying out of Journeys, the fares for which are paid periodically on account to Ride.
Credit or Debit Card Bookings: Bookings from non-Corporate Account Passengers who pay by credit or debit card.
Driver Partner/you: a licensed Livery or Taxi vehicle driver holding either (a) a valid Livery driver license and / or (b) a valid Taxi driver’s license issued by the relevant local licensing authority.
Driver Partner App: mobile application software made available at www.ride.partners and relevant App Store owned by Ride Bahamas Limited via which you are connected to the Journey Booking System for the availability of Bookings and for use as the main means of communication between you and Ride via which you can access or upload information regarding your business engagement with Ride.
Journey: the service of conveying a Passenger from one location to another in a Vehicle.
Journey Agreement: the agreement in terms of which you provide the Journey (a) being an agreement (in relation to any non-Corporate Account Passenger Journey) between you and the Passenger (an “NCA Journey Agreement”) or (b) being an agreement (on the terms set out in this agreement) between you and the Operator (in relation to any Corporate Account Customer Journey) (a “CA Journey Agreement”).
Journey Booking System: a digital system licensed by Ride and made available to Operator to input Bookings and via which Bookings are offered to Driver Partners and which is made available to the Driver Partners through the Driver Partner App.
Journey Fares: the sum payable for the Journey as determined automatically by the Journey Booking System and confirmed via the Driver Partner App at the end of the Journey.
Local Authority: the relevant local authority in the area you operate as a Driver Partner under these Terms.
Local Authority Licensing Conditions: the conditions imposed by the Local Authority on you as a Driver Partner.
NCA Journey Agreement: as defined in Journey Agreement.
Operator: the locally licensed operator under whose regulatory approvals you operate known as Ride Bahamas Limited.
Passenger: a person who takes a Journey in a Vehicle booked using our app made available by Ride Bahamas Limited at www.ride.bs and www.ridemobility.app and relevant App Store (including where a Corporate Account Customer and the Corporate Account Customer have booked such person’s Journey is not the passenger).
PDA: personal digital assistant or mobile device.
Ride: the corporate entity Ride Bahamas Limited, company registration number 1501556, registered office at: Shirlaw House, Shirley Street, P.O. Box N-4839, Nassau, New Providence, Bahamas.
Services: your access and use of the Driver Partner App and Journey Booking System and any PDA device supplied to you.
Setup Process: the onboarding process of becoming a Driver Partner with Ride.
Terms: these terms of business and all attached schedules.
Vehicle: the vehicle you use when operating as a Driver Partner under these Terms.
2. NATURE OF RELATIONSHIP
2.1. You are a self-employed licensed Livery vehicle driver or self-employed licensed Taxi vehicle driver. By agreeing to these Terms, you warrant that you:
2.1.1. hold a valid driving license and that you agree to comply with random checks undertaken by or on behalf of Ride;
2.1.2. hold the valid Livery vehicle driver’s license and/or Taxi vehicle license;
2.1.3. hold a full current driving license to drive that class of vehicle;
2.1.4. will, if and when you agree a Journey Agreement relating to a Journey, provide transportation services
2.1.4.1. to any non-Corporate Account Passenger; and
2.1.4.2. for any Corporate Account Passenger
in a professional manner with due skill, care and diligence and maintain high standards of professionalism, service and courtesy, it being acknowledged that the Ride brand and ability to successfully offer Driver Partners attractive Bookings is dependent on us each consistently operating in a professional manner towards Passengers;
2.1.5. shall use, for every Journey carried out by you relating to a Booking, the Vehicle, which will be:
2.1.5.1. provided in a safe, roadworthy, and good operating condition, consistent with industry safety and maintain standards for a Vehicle of its kind, in a clean and sanitary condition;
2.1.5.2. properly registered with the Local Authority as a Livery vehicle or Taxi vehicle being used by you;
2.1.5.3. subject to a valid policy of insurance in accordance with these Terms;
2.1.5.4. compliant with any Local Authority Licensing Conditions applicable to it; and
2.1.5.5. compliant with any other legal road safety obligations issued by the Road Traffic Department;
2.1.6. shall comply with the Local Authority Licensing Conditions applicable to you;
2.1.7. shall comply with any statutory obligations imposed on you for road and passenger safety;
2.1.8. are a self-employed individual in business actively engaged as an independent individual in business on a regular basis in the provision of transportation services;
2.1.9. shall comply with all applicable laws, statutes, regulations, and codes from time to time in force; and
2.1.10. you are the principal in relation to Journeys undertaken for non-Corporate Account Passengers and are responsible for completing the Journey for the Passenger in accordance with your NCA Journey Agreement with the Passenger; and
2.1.11. you are the Operator's subcontractor in relation to Journeys for Corporate Account Customer and are responsible for completing the Journey for the Passenger in accordance with the CA Journey Agreement with the Operator (as further described at clause 2.2.3 below).
2.2. Ride will provide you with access to the Driver Partner App and together with the Ancillary Services. Three different types of Bookings may be made available to you through the Driver Partner App:
2.2.1. Cash Bookings: if you accept a Cash Booking, you will, if you and the Passenger agree (at pick up) respectively to provide and pay for a Journey, enter into a direct Journey Agreement with Passengers (i.e., you are the principal contracting with Passengers). Ride, together with Operator, acts as your disclosed introducer in connecting you with, and facilitating the opportunity for you to provide Journeys to Passengers.
2.2.2. Credit or Debit Card Bookings: if you accept a Credit or Debit Card Booking, you will, if you and the Passenger agree (at allocation) respectively to provide and pay for a Journey, enter into a Journey Agreement with the Passenger (i.e., you are the principal contracting with Passengers). Ride, together with Operator, acts as your disclosed introducer in connecting you with and facilitating the opportunity for you to provide transportation Journeys to Passengers. Ride: (a) also acts as your disclosed agent in collecting payments on your behalf including with respect to any deposit or pre-payment, and (b) is responsible for negotiating and determining the applicable Journey tariffs for you.
2.2.3. Corporate Account Bookings: if you accept a Corporate Account Booking your CA Journey Agreement will be with the Operator, and:
2.2.3.1. Operator is the principal contracting with Corporate Account Customers;
2.2.3.2. You will act as a sub-contractor of Operator; and
2.2.3.3. Ride acts (a) as your disclosed agent in connecting you with Operator (with whom you will contract) and facilitating the opportunity for you to provide transportation services as the sub-contractor of Operator and (b) as your disclosed agent collecting payments on your behalf from Operator.
2.3. You acknowledge and agree that, save for the provision of transportation services by Operator to Corporate Account Customers, Ride does not contract for or provide Journeys or otherwise provide transportation services, functions as a transportation carrier or agent for the transportation of Passengers.
2.4. Ride supplies access to use the Journey Booking Service platform as the technology provider for accepting and recording Bookings from Passengers including Corporate Account Customers and for the provision of sub-agency and sub-introducer services as above. Ride is responsible for inviting and accepting Bookings which it records on the Journey Booking System allowing you to accept or decline them as you wish. Where a Booking results in a completed Journey, a fee is charged per completed Journey to Ride.
2.5. Nothing in these Terms precludes you from sharing the use of the Vehicle or your access to the Journey Booking System and Driver Partner App with another Driver Partner subject to the following:
2.5.1 Any such Driver Partner must agree to these Terms with Ride on their own behalf;
2.5.2 You have notified Operator and Ride of the arrangement between you; and
2.5.3 You and the Driver Partner enter into separate terms with Ride relating to the sharing arrangement.
2.6 You may in relation to certain Bookings agree with us to collect a Booking or Cancellation Fee on behalf of Ride. Where you do collect such a Booking or Cancellation Fee you shall do so as our disclosed agent and shall remit it to us or at our direction (including by way of set-off) in such fashion as we may notify you.
2.7 Schedule 2 to this agreement sets out terms and conditions which are an example of the terms that could be agreed by you and non-Corporate Account Passenger in relation to a Journey. In relation to Journeys for non-Corporate Account Passengers:
2.7.1 the terms and conditions in Schedule 2 are provided as part of our Ancillary Services for ease of contracting as specimen terms and shall apply save to the extent additional and/or alternative terms are agreed by you and Passenger; and
2.7.2 you and Passenger are free to agree additional and/or alternative terms for the Journey but please note that certain minimum requirements (for example as set out in paragraphs 3, 4.1 and 4.2 in Schedule 2) will apply as a matter of law whatever the terms of the special and alternative terms agreed by the parties.
3. USING THE DRIVER PARTNER APP
3.1 You agree not to misuse the Driver Partner App nor allow any unauthorized third-party access to it. You are required to keep the unique identification codes confidential.
3.2 You are not under any obligation to use the Driver Partner App at any time, nor for any period of time. It is your responsibility to determine when and for how long you log into the Driver Partner App, if at all. Accordingly, if you do not wish to operate as a Driver Partner at any time, you are required to log out of the Driver Partner App.
3.3 Ride is not obliged to offer any Bookings to you, and you are not obliged to accept Bookings that are offered to you. Where a Booking is accepted by you, but you subsequently decline it the Journey Booking System will assume that, unless you have notified Ride otherwise, you are unavailable and do not want to be bothered. The terms relating to the "do not bother" feature will be notified to you by Ride from time to time, based on Ride’s perception of what works best for all parties and users in terms of offering an efficient and reliable system for all parties and customers.
3.4 Where you accept a Booking:
3.4.1 you will use your reasonable endeavors to make yourself available to discuss the proposed Journey with the Passenger by arriving at the pick-up address noted on the Journey Booking System at the time specified on the Booking, or as close to such time as legally and reasonably possible;
3.4.2 thereafter, if you agree to provide the Journey, you will agree a Journey Agreement at the pick-up point with (as the case may be):
3.4.2.1 any non-Corporate Account Passenger; or
3.4.2.2 the Operator in relation to any Corporate Account Passenger;
3.4.3 you will comply with the Local Authority Licensing Conditions, and all other legal requirements including but not limited to road safety laws issued by the Road Traffic Department;
3.4.4 you will use the Vehicle including for the Journey;
3.4.5 you will be fully and exclusively liable for any direct, indirect, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your actions or inactions in accepting and undertaking the Journey;
3.4.6 you will assist in handling and resolving any complaints from Passengers promptly upon request by Ride or by Operator on its behalf;
3.4.7 you will contact Ride within 72 hours of you or your Vehicle being involved in any road traffic collision.
3.5 You agree to use the Driver Partner App as the main means of communication for all matters except for live Bookings when passengers are on board in which case you agree to use the dedicated contact details provided to you by the Operator. The Driver Partner App may host multiple other services that have been procured for you to access, use or purchase in accordance with these terms.
3.6 Ride may suspend or disengage your access to the Driver Partner App at any time at its sole discretion, including but not limited to where Ride believes that it is found or it is alleged that:
3.6.1 you provided false information as part of the Driver Partner Setup Process or at any time during the time you have used the Driver Partner App;
3.6.2 you have behaved inappropriately towards a Passenger, Corporate Account Customer, an employee of Ride or Operator, or any other member of the public;
3.6.3 you have acted in breach of these Terms.
4. PAYMENT TERMS
4.1. Ride charges applicable fees for provisioning and providing the Services. Details of these are made available to you and will be updated as necessary and notified to you via the Driver Partner App or other means of communication from us as the Operator. Ride will raise a weekly invoice breakdown which is payable by you using the relevant payment cards (or such other agreed payment method) provided to you from time to time. The consideration for the provision of the Ancillary Services is subsumed within these fees.
4.2. Ride shall, as disclosed payment collection agent, pay the Driver Partner in respect of a Journey such sum as is received by it in respect of the Journey subject to deduction of any sums due from the Driver Partner or adjustment as provided in this Agreement. Such payment shall be made on the later of date of receipt by Ride and up to 7 days after the Journey. Any amounts payable by or to you each week may be adjusted to reflect the following:
4.2.1. any Journey Fares collected on your behalf by Ride related to Credit or Debit Card Bookings;
4.2.2. any Journey Fares owed to you related to Journeys booked by Corporate Account Customers;
4.2.3. any Journeys for which it has been found to the reasonable satisfaction of Ride that a Passenger has been over-charged by you;
4.2.4. any payments otherwise owed by you to Ride including in relation to a Booking or Cancellation Fee;
4.2.5. any payments otherwise owed by Ride to you, which relate to something which has been over-charged by you.
4.3. The weekly invoice will be sent to you by email showing the weekly charge owing by you to Ride with details of any necessary adjustments pursuant to clauses 4.2.
4.4. You acknowledge that Ride Bahamas Limited pays fees for providing the digital technological platform services.
4.5. Ride may from time to time offer promotions to Passengers and/or Corporate Account Customers to help marketing of its or their services. As part of this it may make funds available to Passengers and/or Corporate Account Customers to pay some or all of the Journey Fare. When it does this the funds will be made available to the Passenger and/or Corporate Account Customer and then, at the direction of such Passenger and/or Corporate Account Customer, paid on their behalf to you.
4.6. Ride may from time to time make ex gratia payments to Driver Partners where a non-Corporate Account Passenger has not paid partly or in full. It shall do so entirely at its discretion and shall have no obligation to make up any shortfall for which you are ultimately responsible.
4.7. Ride may from time-to-time act as a disclosed payment collection agent for payments owed by Driver Partners to agreed third parties. It shall do so entirely at its discretion and shall have no obligation to make up any shortfall for which you are ultimately responsible for.
5. TAXES
5.1. You acknowledge and agree that you are required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to the provision of your transportation services as required by applicable law; and (b) provide Ride with all relevant tax information.
5.2. You further acknowledge and agree that you are responsible for taxes on your business income arising from the performance of transportation services. Notwithstanding anything to the contrary in this agreement, Ride may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from your provision of transportation services and/or provide any of the relevant tax information you have provided pursuant to the foregoing requirements in this Clause 5 directly to DIR (Department of Inland Revenue) on your behalf or otherwise. You shall indemnify Ride in full against all tax claims against Ride arising from your performance of transportation services.
6. DATA PROTECTION AND PRIVACY
6.1 Any personal data that you supply to Ride will be processed in accordance with the Privacy Policy which can be found on the Ride Bahamas Limited website www.ride.bs.
6.2 You agree to comply with the provisions set out in the Data Processing Agreement in Schedule 1.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 All intellectual property rights of any nature vesting in the Driver Partner App together with the underlying software codes are exclusively owned by Ride Bahamas Limited.
8. AVAILABILITY OF DRIVER PARTNER APP AND DISCLAIMER OF WARRANTIES
8.1 Ride will use reasonable efforts to make the Driver Partner App available at all times (but is under no obligation to do so). You acknowledge that the Driver Partner App is provided over the internet and their quality and availability may be affected by factors outside Ride’s reasonable control.
8.2 Ride does not accept any responsibility whatsoever for any unavailability of the Driver Partner App or any difficulty in downloading or accessing content, or any other communication system failure which may result in the Driver Partner App being unavailable.
8.3 To the maximum extent permitted by law, Ride hereby denies all implied warranties with regard to the Driver Partner App and Journey Booking System. The (software of the) Journey Booking System and the Driver Partner App is provided "as is" and "as available" without warranty of any kind.
9. LIMITATION OF LIABILITY AND INDEMNITY
9.1. Subject to clause 9.3, Ride is in no event liable for any direct, indirect, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of the actions or inactions of any Driver Partners, Corporate Account Customers or Passengers.
9.2. Subject to clause 9.3, Ride shall not with respect to its provision of the Journey Booking System and the Driver Partner App or the Ancillary Services, be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profits, loss of business, loss of goodwill, loss of data or for any indirect or consequential loss however arising.
9.3. Nothing in these Terms shall exclude or limit any liability of Ride which cannot be excluded or limited under applicable law.
10. INSURANCE
10.1. You shall at your own cost be solely responsible for taking out and maintaining in force, with a reputable insurer, a policy of insurance for the Vehicle ensuring that it is insured for use as a licensed Livery vehicle or Taxi vehicle for all Journeys undertaken by you pursuant to these Terms. You shall acknowledge that we may undertake random checks to verify the existence of your insurance cover and you agree to cooperate with us in respect of any such process.
10.2. It is recommended (and may in any event be a condition of your private-hire driver license issued by your relevant Local Licensing Authority) that you also, at your own cost, take out and maintain policies of insurance, with reputable insurers, covering the liabilities which may be incurred by you arising out of your acts or omissions in connection with this agreement, and provision of transportation services hereunder including public liability insurance and equipment breakdown insurance.
10.3. You shall, upon request and as and when each policy of insurance is renewed, provide us with such evidence as we may reasonably require of its terms together with evidence of payment of the last premium.
11. MISCELLANEOUS PROVISIONS
11.1. The Terms shall be governed by and construed in accordance with Bahamian Law.
11.2. Each party irrevocably agrees that the courts of The Bahamas shall have exclusive authority to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.
11.3. Ride shall be free to appoint any other Company to perform any of its obligations and exercise any of its rights under these Terms, which shall perform such obligations and exercise such rights as sub-contractor, sub-agent or sub-intermediary as appropriate.
11.4. If any provision of these Terms shall be deemed unlawful, void or otherwise unenforceable, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
11.5. You shall not have the right to assign this agreement without the prior written consent of Ride. Ride may assign these terms to another entity in which case you will be notified of any changes accordingly.
11.6. Nothing in this agreement is intended to or shall operate to create a partnership or joint venture between the parties. Driver Partner shall have no authority to act in the name of or on behalf of Ride, or to enter into any commitment or make any representation or warranty or otherwise bind Ride in any way.
11.7. We may update these Terms from time to time, please check back regularly for updates.
SCHEDULE 1 – DATA PROCESSING AGREEMENT
DEFINITIONS
Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organizational measures: as defined in the Data Protection Legislation.
Data Protection Legislation: the Data Protection Legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.
Bahamas Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in The Bahamas including Data Protection (Privacy of Personal Information) Act, 2003.
1. DATA PROTECTION
1.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This schedule is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation. In this clause 1, Applicable Laws means (for so long as and to the extent that they apply to the Driver Partner) the law of The Bahamas and any other law that applies in The Bahamas.
1.2 The parties acknowledge that for the purposes of the Data Protection Legislation, Ride is the Controller, and the Driver Partner is the Processor. Appendix 1 sets out the scope, nature and purpose of processing by the Driver Partner, the duration of the processing and the types of Personal Data and categories of Data Subject.
1.3 Without prejudice to the generality of clause 1.1, Ride will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Driver Partner and/or lawful collection of the Personal Data by the Driver Partner on behalf of Ride for the duration and purposes of this agreement.
1.4 Without prejudice to the generality of clause 1.1, the Driver Partner shall, in relation to any Personal Data processed in connection with the performance by the Driver Partner of its obligations under this agreement:
(a) process that Personal Data only on the documented written instructions of Ride which are set out in Appendix 1 unless Applicable Laws require the Driver Partner to otherwise process that Personal Data. Where the Driver Partner is relying on Applicable Laws as the basis for processing Personal Data, the Driver Partner shall promptly notify Ride of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Driver Partner from so notifying Ride;
(b) ensure that it has in place appropriate technical and organizational measures to protect against unauthorized or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorized or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymizing and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organizational measures adopted by it);
(c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
(d) not transfer any Personal Data outside of The Bahamas unless the prior written consent of Ride has been obtained and the following conditions are fulfilled:
(i) Ride or the Driver Partner has provided appropriate safeguards in relation to the transfer;
(ii) the data subject has enforceable rights and effective legal remedies;
(iii) the Driver Partner complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(iv) the Driver Partner complies with reasonable instructions notified to it in advance by Ride with respect to the processing of the Personal Data;
(v) assist Ride, at Ride's cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(e) notify Ride without undue delay on becoming aware of a Personal Data Breach;
(f) at the written direction of Ride, delete or return Personal Data and copies thereof to Ride on termination of the agreement unless required by Applicable Law to store the Personal Data; and
(g) maintain complete and accurate records and information to demonstrate its compliance with this schedule and allow for audits by Ride or Ride's designated auditor and immediately inform Ride if, in the opinion of the Driver Partner, an instruction infringes the Data Protection Legislation.
1.5 Ride does not consent to the Driver Partner appointing any third-party processor of Personal Data under this agreement.
1.6 Either party may, at any time on not less than 30 days’ notice, revise this schedule by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).
APPENDIX 1 – PROCESSING, PERSONAL DATA AND DATA SUBJECTS
1. PROCESSING BY THE DRIVER PARTNER
1.1 SCOPE
For the purposes of undertaking Journeys. Driver Partners will have access to Personal Data such as name(s) of Passenger(s), pick up and destination address, supplied to their PDA as provided by the Passenger to the Operator. In certain circumstances, the Driver Partner may be told that a Passenger requires assistance due to a protected characteristic (the nature of such protected characteristic will not be supplied to the Driver Partner) although the nature of assistance will be explained to them.
1.2 NATURE
The nature of the processing will be the receiving and processing of Personal Data in order to fulfil a Journey as booked.
1.3 PURPOSE OF PROCESSING
To undertake Journeys.
1.4 DURATION OF THE PROCESSING
The following details will be available to the Driver Partner on accepting a Booking and until the Journey is completed: name of Passenger(s), pick up and destination address, date, time and payment type (cash, card or account). Certain details (namely, pick up and destination address, date, time and payment type (cash, card or account)) will remain in the previous jobs section of each Driver Partners' PDA indefinitely. The name of the Passenger or any contact information will not be visible on the Driver Partner App by the Driver Partner following completion of the Journey.
2. TYPES OF PERSONAL DATA
2.1. Name
2.2. Pickup addresses – which may be home addresses
2.3. Destination addresses – which may be home addresses
2.4. Personal characteristics requiring particular type of vehicle/assistance for travelling Passenger
2.5. Personal characteristics such as health/ disability when transporting from to and from medical facilities
3. CATEGORIES OF DATA SUBJECT
3.1. Passengers
SCHEDULE 2 - GENERAL TERMS AND CONDITIONS BETWEEN DRIVER PARTNER AND PASSENGER FOR JOURNEYS
THESE TERMS AND CONDITIONS ARE AN EXAMPLE OF THE TERMS THAT COULD BE AGREED BY A DRIVER PARTNER AND PASSENGER IN RELATION TO A NON-CORPORATE ACCOUNT JOURNEY. THEY ARE SUGGESTED FOR EASE OF CONTRACTING AND SHALL APPLY SAVE TO THE EXTENT ADDITIONAL AND/OR ALTERNATIVE TERMS ARE AGREED BY THE DRIVER PARTNER AND PASSENGER. THE DRIVER PARTNER AND PASSENGER ARE FREE TO AGREE ADDITIONAL AND/OR ALTERNATIVE TERMS FOR THE JOURNEY BUT PLEASE NOTE THAT CERTAIN MINIMUM REQUIREMENTS (FOR EXAMPLE AS SET OUT IN CLAUSES 3, 4.1 AND 4.2) WILL APPLY AS A MATTER OF LAW WHATEVER THE TERMS OF THE SPECIAL AND ALTERNATIVE TERMS AGREED BY THE PARTIES.
BACKGROUND:
(A) The Driver Partner shall provide the Journey for the Passenger in accordance with the terms of these General Terms and Conditions which is a contract for services.
(B) Services under these General Terms and Conditions may, for reasons of convenience, be paid for via a third party, but the parties acknowledge and accept that any payment relating to those services shall be the ultimate responsibilities of the Passenger and paid under or in consequence of this Agreement between the Driver Partner and Passenger and not under any agreement between the Passenger and any third party.
It is agreed as follows:
DEFINITIONS AND INTERPRETATION
In these General Terms and Conditions, unless the context otherwise requires, the following definitions shall apply:
"Booking" means the process of the Passenger requesting via Ride that a Driver Partner be made available (subject to agreement between the Driver Partner and the Passenger of the terms of the actual Journey) for the provision of a Journey;
“Driver Partner” means the licensed Livery vehicle driver or licensed Taxi vehicle driver providing transportation services under this contract;
"Journey" means the service of conveying a Passenger from one location to another in a vehicle, such locations to be agreed orally or otherwise between or on behalf of the parties;
“Passenger” means the individual being conveyed by the Driver Partner from one location to another in a vehicle; and
"Ride" the corporate entity Ride Bahamas Limited company registration number 1501556, registered office at: Shirlaw House, Shirley Street, P.O. Box N-4839, Nassau, New Providence, Bahamas.
1. COMMENCEMENT
1.1 The contract shall come into being at the moment the Driver Partner agrees with the Passenger to provide the Journey once the booking is allocated to you and shall terminate on completion of the Journey. Neither party shall owe the other any contractual obligations to the other relating to the Booking or Journey prior to or after that period save to the extent of payment still requiring to be made and reasonable steps being taken by the Driver Partner to return lost property.
2. DRIVER PARTNER'S OBLIGATIONS
The Driver Partner shall:
2.1 Provide the Journey in a professional manner with due skill, care and diligence, maintain high standards of professionalism, service and courtesy; and
2.2 Comply with Local Authority Licensing Conditions and statutory obligations relating to road and passenger safety applicable to the Driver Partner as guided by the Road Traffic Department.
2.3 Charge the Passenger the applicable fare for the Journey as confirmed at the end of the Journey on the Driver Partner App.
2.4 Accept the payment method notified on the Booking.
2.5 Where applicable collect any Ride Booking and/or Cancellation Fee from the Passenger as collection agent;
2.6 Collect any other charges payable by the Passenger to Ride.
3. PASSENGER OBLIGATIONS
The Passenger shall:
3.1 Not endanger or threaten to endanger the Driver Partner or damage or threaten to damage the Driver Partner’s property including any vehicle;
3.2 Comply with applicable road safety laws;
3.3 Pay the fare for the Journey using the payment method they specified at the time of Booking where relevant;
3.4 Pay such other costs as may apply where the Journey involves car park charges, tolls, wait times or extras;
3.5 Where applicable pay Ride the Booking and/or Cancellation Fee to the Driver Partner as collection agent; and
3.6 Comply with such health and safety requirements (including the wearing of face masks) as may be notified to the Passenger.
4. DRIVER PARTNER'S STATUS
4.1 The parties acknowledge that the Driver Partner is not an employee of, or worker in relation to, of the Passenger or Ride and is a licensed professional driver operating on a self-employed basis and accordingly the Driver Partner shall, subject to working towards meeting the Passenger's objectives relating to the Journey, determine generally how the Journey shall be supplied.
5. GENERAL
5.1 The Passenger's obligation to pay is discharged by making payment in accordance with this Agreement.
5.2 Where any Booking and/or Cancellation Fee is payable by the Passenger to Ride, the Passenger shall, unless required otherwise by that Company, pay the Driver Partner who shall receive that Booking and/or Cancellation Fee as agent for the relevant Company.
5.3 These General Terms and Conditions constitute the entire agreement between the parties and supersedes all previous agreements and arrangements (if any) whether written, oral or implied between the Passenger and the Driver Partner relating to the Journey.
5.4 These General Terms and Conditions and the provision of the Journey shall be governed by and construed in all respects in accordance with Bahamian Law and The Bahamas shall have exclusive authority.
SCHEDULE 3 - NOTIFICATION RELATING TO YOUR BUSINESS RELATIONSHIP WITH THE OPERATOR ("RIDE OPERATOR")
You have access to a Driver Partner App and Journey Booking System under the terms of your agreement with Ride.
The Operator ("Ride Operator") has been appointed to provide access, as a licensed operator, to provide Bookings for Driver Partners including you.
This document is an information sheet which confirms the arrangement under which Ride Operator acts as the licensed operator relating to Journeys undertaken by you in the area in which you operate, effectively as your compliance partner for private-hire operations. Please note that these terms apply to you as a supplement to the Terms and Conditions of Business which you have agreed with Ride and are issued to you by Ride as an agent for Ride Operator.
The defined terms referred to below are the same as those used in the Driver Partner Terms and Conditions of Business you have agreed with Ride.
1. Ride Operator is the licensed private-hire operator in respect of Bookings accepted via the Driver Partner App in the area in which you operate.
2. In its capacity as the Private Hire Operator for those Bookings, Ride Operator will do the following:
2.1. fulfil the regulatory obligations applicable to it as a Private Hire Operator - it is the regulated bookings operator with whom you engage in relation to bookings for potential Journeys via the Driver Partner App;
2.2. fulfil the regulatory obligations arising from your relationship with Ride as a self-employed private-hire Livery or Taxi vehicle driver in undertaking transportation services relating to Bookings via the Driver Partner App;
2.3. process your Personal Data in accordance with the Driver Partner Privacy Policy to which you have previously agreed.
3. In its capacity as licensed operator, Ride Operator will invite and process the following types of Bookings:
3.1. Cash Bookings
3.2. Credit or Debit Card Bookings
3.3. Corporate Account Bookings
4. For Cash and Credit or Debit Card Bookings, you are the agent in relation to any Journey Agreements agreed by you with any Passenger. If you proceed with the Journey, you will enter into a direct contractual relationship with the Passenger. Ride Operator will connect you with the Passenger. Any fare payable for any Journey you agree by way of a cash payment will be payable to you directly from the Passenger or will be payable as a credit or debit card payment via Ride in the following Weekly Access Fee payment cycle.
5. For Corporate Account Bookings, Ride is the principal and it will enter into a direct contractual relationship with the Corporate Account Customer. You will act as the sub-contractor of Ride in undertaking the Journey. You will not have any direct contractual relationship with the Corporate Account Customer. You will receive the fare payable for the Journey via Ride in the following Weekly Access Fee payment cycle.
6. You should read this supplemental notice in conjunction with your Terms and Conditions of Business with Ride. By accepting those Terms and Conditions you confirm your understanding of the above.