Driver Agreement
INTRODUCTION
This Agreement contains the entire agreement between XXRIDE and its Driver with respect to the Subject matter of this agreement, whereas each party will be bound by to be deemed to have made any representation, warranties, commitments, or other undertakings with respect to the subject matter of this agreement that are not contained in this Agreement.
Commencement Date and Term: This Agreement shall be effective and shall govern the rights and obligations of the parties upon the acceptance of the chauffeur of this agreement in the XXRIDE DRIVER application and following the final approval from XXRIDE on the driver registration.
Safety Measures
- All the Chauffeurs should carry a valid Government Card, Driving License and National ID at all time
- Chauffeur should use Face Mask in case of any allergenic due to Flu, Cold or Covid-19
- Vehicle should be washed daily & Interior should be clean at all time
- Chauffeur shall not work more than 12 continuous hours per day. XXRIDE will notify the chauffeur to go offline and stop accepting rides in case found driving for more than the above-mentioned period
- Use seat belts or other available occupant restraints and require all occupants to use seat belts or occupant restraints, in accordance with state laws and not operate the vehicle unless all occupants are wearing the appropriate restraints. Never permit total occupancy to exceed the number of seat belts
- Chauffeur should be well groomed at all time
- Chauffeur should keep his vehicle fully insured at all times which includes insurance against third party, any accidents or death of passenger/driver. XXRIDE shall not be liable to cover any of the above mentioned
- Use safe driving principles, practices and techniques at all times
- Do not drive under the influence of drugs or alcohol or if using a medication that impairs judgment, reflexes, or alertness
- Do not drive the vehicle at speeds that are inappropriate for road conditions.
- Do not use a cell phone (including “hands free” cell phones, texting, PDAs, computers, or any other device) when the vehicle is moving or engage in other distracting behavior. If the driver must make or take a call or text message, the vehicle must be safely stopped and secured (parked), before using a cell phone
- Report any defects immediately to the vehicle coordinator to determine if the vehicle is safe to operate
- Immediately report any changes in license or vehicle status (such as points, suspension, or revocation) and any other at-fault accidents that occur whether the accident or violation occurred while driving
- Personally assume responsibility for all fines or traffic violations associated with use of a XXRIDE Booking
- Agree and accept that failure to follow driving rules may result in temporary or permanent suspension of driving privileges or have more serious consequences with XXRIDE
- Driver must keep his location on at all times during the ride in order to track the vehicle’s movement at all times (Penalties will apply if location is turned off as it is considered a breach of security and safety)
Terms & Conditions
- XXRIDE allows the Driver to take possession of and drive the Taxi subject to the terms of this Agreement
- This Agreement applies to each of those Driver & Vehicle
- Paging is Mandatory for All Airport Trips Assigned by Second Party
Life of agreement
This Agreement begins when the chauffeur accepts and starts driving for XXRIDE. This Agreement ends upon the deactivation of the account of the Driver in XXRIDE DRIVER application or when Driver commits any illegal act or breach of this agreement.
Maintenance Terms
XXRIDE will not pay any operating and maintenance costs of the Vehicle or Chauffeur, included as follows:
- Fuel
- Oil
- Repairs
- Car livery and equipment
- Tires and other replacement parts for the Car
- Accidents
Termination Terms
- Either party may end this Agreement at any time, by written notice, if the other party has breached a term of this Agreement
- Driver shall be responsible for the good behavior, cleanliness, conduct, action, acts and negligence when providing the services of this Agreement
- Driver will ensure the cleanliness of his vehicle, both interior and exterior, and they must always be in an excellent mechanical condition
- Driver is liable to pay any fines applicable from time to time if there are violations in traffic rules or misusage of the vehicle
- XXRIDE may immediately terminate this agreement if the Driver charges additional fees or toll gates amounts on the rider in a fraudulent manner
- XXRIDE may terminate this agreement with the Driver if the driver is always offline or when he is rejecting or ignoring rides from customers for 5 times in a row.
- XXRIDE may terminate this agreement without any prior notice if Driver found having duplicate accounts under his name for the same vehicle.
- XXRIDE may block the Driver’s account if driver does not possess his updated mobile number or vehicle information in the XXRIDE Driver application.
Disputes
For this clause, ‘dispute’ means any disagreement or dispute between the Driver and XXRIDE including a disagreement or dispute concerning the substance or meaning of this Agreement.
Where a dispute arises between the Driver and XXRIDE:
- Either party may give a notice to the other party that states that there is a dispute
- The parties must meet and attempt to resolve the dispute within seven days of the party giving the notice of dispute to the other party, or if the parties have agreed to a longer time, the parties must meet and attempt to resolve the dispute within that agreed time period
Payment Mode:
XXRIDE must maintain a record of:
- All payments made between XXRIDE and the Driver, and may provide copies of these records to the Driver at the end of each calendar month if requested.
- XXRIDE charges each Driver per each completed trip a fixed commission percentage of 20% from the total trip fare. This net fixed percentage includes Government, bank, taxes and Third-Party Payment Systems percentages charges and may increase or decrease depending on the country of registration without any prior notice.
- For Drivers registering in Dubai, a charge of AED 5 is applicable for the Road and Transport Authority (RTA) on any ride made from Dubai. This charge is included in the fixed commission amount.
- XXRIDE will maintain detailed records on actions taken during the term of this Agreement and shall submit every Monday the Payment to the Driver’s assigned bank account via Bank Transfer. If a driver belongs to a company that has a fleet management agreement with XXRIDE, then the Driver’s payment will be paid to that specific company’s bank account. A fixed amount of AED 5 is applicable per each driver payout, whereas the minimum payment shall not be less than AED 50 per driver or AED 500 per fleet company.
- XXRIDE shall have the right to increase or decrease this net fixed amount without giving any prior notice to the registered and approved Drivers.
- XXRIDE may charge AED 7 from the Driver if he cancels a trip after 5 minutes from acceptance or never drives to the customer to complete the trip.
- XXRIDE may charge AED 7 from the Driver if he accepts a ride and doesn’t drive to the pickup location or move from his current location.
- XXRIDE may charge AED 7 from the Driver if he drives away from the pickup location.
- XXRIDE may charge AED 7 from the Driver if he cancels a ride during the 8 minutes waiting time once arrived at the pickup location.
General Terms & Conditions
In addition to other obligations in this Agreement, XXRIDE will provide access to the driver to this agreement in the XXRIDE DRIVER application’s menu and the website of XXRIDE at all time (https://www.xxride.com/drivers/).
Drivers ensure that the interior and exterior of the car are reasonably clean and free of any offensive odor at the beginning of each shift.
XXRIDE have full rights not to proceed with any payment of the Driver until legal dispute gets cleared.
Driver shall be fully responsible in case of any accident occurring while having any of XXRIDE’s customers on board, in addition to its full liability in case of any criminal offense. XXRIDE shall have no liability whatsoever of any criminal or financial damages.
In case of Sexual Harassment or any type of harassment, Driver shall be fully liable and his account will be deactivated immediately. Furthermore, all pending payments will also be blocked by XXRIDE. In addition, Driver shall always accept the ride no matter what the race, gender, color of skin or religion the passenger has.
Driver shall always update his bank details in the wallet in order to receive its earnings from XXRIDE on time.
In case a driver accepts a cash trip, it is the total responsibility of the driver to collect that amount at the end of the trip from the customer. XXRIDE is not responsible of any missing amount or the refusal of payment by the customer.
Mutual obligations
The parties will act in a reasonable way and help each other comply with their respective obligations. Each party must promptly inform the other party of changes to any information given to the other party under this Driver Agreement. The Driver acknowledges that XXRIDE has relied upon the truth of the representations in this clause in entering into this Driver Agreement.
Governing Laws
This Agreement shall be construed and enforced in accordance with the laws
of Dubai and in case of any dispute; partners shall solely refer to Dubai Courts OR Dubai International Arbitration Center.
Entire Agreement
This Agreement contains the entire understanding of the parties and there are no commitments, agreements, or understandings between the parties other than those expressly set forth herein.