Terms and Conditions

This agreement applies as between you, the User of our services and Moon Private Hire Ltd, the operator of this service (hereinafter “Moon Private Hire”, “we”, “us” or “our”). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the services. If you do not agree to be bound by these terms and conditions, you should stop using the services immediately. These Terms and Conditions should be read in line with our Privacy Policy and Cookie Policy and End User License Agreement and where applicable with our Passenger Terms and Conditions, which are hereby incorporated by reference.

1. Scope of application

   The following terms and conditions are an integral part of all contracts between us, Moon Private Hire Ltd of Great Michael House, 14 Links Place, Edinburgh, EH6 7EZ, Scotland and you as our Driver. These terms and conditions also apply to all contracts brokered by Moon Private Hire between customers and the Moon Private Hire private hire driver who provide transport services under the "Moon Private Hire" brand (hereinafter "Provider").

2. Definitions

   “Moon Private Hire” is the name under which Moon Private Hire Ltd (hereinafter "Moon Private Hire") appears on the market and offers its service.
   "Service" means the booking system (platform) operated by Moon Private Hire for passenger transport by independent third-party Private Hire Drivers in various Scottish cities.
   "Intermediary Platforms" means multi-modal booking platforms that provide Moon Private Hire rides to their customers.
   "Provider" means the Drivers that provide passenger transportation as private hire drivers contracted by Moon Private Hire.
   "Vehicle" means the motor vehicle used by the Provider to provide the passenger transport arranged by the Service.
   "App" means the smartphone application for Android and iOS that Customers can download free of charge from the relevant "App Store".
   "Contract of Carriage" means the contract which the Customer concludes with Moon Private Hire and which has as its object the carriage of passengers against payment.
   "Passenger" means the transported person who concludes a contract of carriage with a Provider through the Moon Private Hire Platform.
   "Conditions of Carriage" means that part of these Terms and Conditions which govern the contract of carriage of passengers between the Customer and the Provider.
   "Reservation" for the purposes of these Terms and Conditions means the reservation of a place on a Vehicle. Such a reservation does not yet constitute the conclusion of a contract of carriage.
   

3. Services of Moon Private Hire

   1. Moon Private Hire provides private hire drivers contracted by Moon Private Hire on the basis of Zero Hour Contract registered in their name with potential passengers who are looking for a transport via Moon Private Hire. The mediation is carried out by means of the App, which Moon Private Hire provides for this purpose to the provider.
   2. In addition to the service, Moon Private Hire offers the Provider the option to use the service provided by the fare owed by the individual passenger referred via Moon Private Hire in a cashless manner via the App by way of electronic direct debit, credit card charge, or other payment methods.
   3. When mediating the request, Moon Private Hire informs the provider/driver that it is a matter of a payment by app ride is involved.
   4. The persons authorised to order or use the services are registered with Moon Private Hire and receive a number to process and authorise the payment process.
   5. The App required for the use of the services shall be provided by Moon Private Hire to the provider for Internet-capable mobile end devices such as smartphones in particular.

4. General contractual obligations of the provider

   1. Prior to using the services of Moon Private Hire, the provider must agree to these Terms and Conditions.
   2. The provider is liable for ensuring to carry out the transport orders arranged by Moon Private Hire and that they are familiar with and comply with these Terms and Conditions and he/she complies with them.
   3. The Provider also undertakes to ensure that he/she has all the necessary licences for transport and have and will observe and fulfil all legal requirements for the transport. In addition, he/she will ensure to comply with Moon Private Hire's EULA with regard to the App.

5. Special obligations of the provider for the handling of the payment process

   1. In the event of acceptance of a payment, the provider is obliged to duly execute the ride without immediate payment. After completion of a journey, the provider must verify the authorisation of the amount of the gross fare and any tip payable.
   2. Incorrect payment on some trips due to technical issues we will be adjusted automatically to correct technical error's incurred.
   3. The driver/provider does not issue a receipt/invoice to the passenger for a payment arranged by Moon Private Hire. The passenger receives this from Moon Private Hire electronically or by post.

6. Obligations of the provider in the case of bookings

   1. Moon Private Hire passengers can make a reservation in via Moon Private Hire for carriage by a driver/provider.
   2. By accepting the booking, the driver/provider is bound to carry out the transport in accordance with the passenger's specifications.
   3. The driver/operator is free to accept a booking. However, if he/she confirms the acceptance of the booking of a Moon Private Hire passenger, the driver/provider undertakes to duly execute the transport according to the specifications of the Moon Private Hire passenger.
   4. If the driver/provider is unable to fulfil an accepted booking by himself/herself through no fault of his/her own, the driver/provider must immediately notify Moon Private Hire.
   5. Should third parties such as, in particular, Moon Private Hire passengers assert claims against Moon Private Hire that the driver/operator has not accepted a passenger or has cancelled an accepted booking or has not carried out the journey or has not done so on time or has not carried out the journey on time, the provider shall indemnify Moon Private Hire against these claims (as well as all resulting damages, including the reasonable costs of legal defence in full.

7. Use of the app and transport services as subjects of performance

   1. Moon Private Hire provides its drivers/providers with the app for download free of charge, which the driver/provider can install on his/her smartphone. The app enables the customer to use the service to request transport from a provider and, if available, to reserve it under the conditions specified in the app.
   2. Following the booking, the passenger enters into a contract of carriage for which a charge is made for each journey. In accordance with the booking, the Provider shall transport the passenger in the respective business area at a fixed price individually determined for each journey in accordance with the provisions in these terms and conditions.

8. Use of the App and the Service

   1. Moon Private Hire makes the app available to the driver/provider for free use in accordance with the licence conditions.
   2. With the use of the app and the service, the customer concludes a platform usage contract with Moon Private Hire. The platform use is free of charge for the customer.
   3. The platform usage contract with Moon Private Hire also comes into effect if the customer uses the service indirectly via the app of an intermediary platform. The service is only available to a limited extent to customers who use the service via an intermediary platform.
   4. In order to conclude the platform usage contract, the customer must be of age and legally competent.
   5. Customers with limited legal capacity assure by agreeing to these terms and conditions that their legal representative has consented to the conclusion of the contract.
   6. Moon Private Hire reserves the right to verify this consent. The verification can also be done by individual drivers.
   7. The consent also refers to the conclusion of individual transport contracts with Moon Private Hire.
   8. Moon Private Hire customers can book journeys via the service with a provider for a third party. As a passenger, the third party concludes a contract of carriage with the provider without being a customer of the Moon Private Hire platform. this is an independent contract that is only mediated by Moon Private Hire.
   9. If a customer reserves a Moon Private Hire for a third party (passenger), the customer must inform the passenger of the validity of the terms and conditions of carriage below.
   10. If a legal representative books a journey for the represented person because the latter is not legally competent, the legal representative must also conclude the contract of carriage with the provider on behalf of the represented person at the start of the journey (contract for the benefit of third parties).
   11. A contractual relationship subject to a charge is only established by the conclusion of a contract of carriage at the start of the journey.
   12. Insofar as the use of the mobile terminal associated with the app gives rise to costs, these payment obligations shall be borne by the customer himself/herself. The subject matter of the app and the service offered does not include access and connection to the Internet. Furthermore, the customer shall be responsible for ensuring, at his/her/ own expense, the technical requirements, the configuration and performance of the mobile end device as well as the up-to-dateness of the required software.
   13. In order to use the service, it is necessary to set up a customer account (account) on the Moon Private Hire platform. For this purpose, the customer must first register for the Moon Private Hire service by truthfully stating his/her first and last name (hereinafter "user name"), his/her telephone number, his/her e-mail address and by specifying a password. Only one registration may be made per customer. In the event that a customer creates several accounts and thus gains the opportunity to abuse any credit actions (e.g. Tell-a-Friend) to his/her advantage, Moon Private Hire reserves the right to block the account without prior notice. Likewise, Moon Private Hire reserves the right to block the account without prior notice if there are indications that justify the suspicion that the customer is using the account in an unlawful manner or misusing it in a way that may harm Moon Private Hire, the Moon Private Hire brand, the provider or another third party. Moon Private Hire reserves the right to pursue civil claims.
   14. Moon Private Hire grants its customers the option to pay the transport fees owed within the scope of the separate transport service cashless via the app by way of the payment methods offered. The payments are processed by a payment service provider commissioned by Moon Private Hire and the provider. For this purpose, the customer can deposit his/her credit card data in his/her account during registration. During the payment process at the end of the transport service, the customer can choose which of the deposited payment methods he/she would like to use for the specific payment process. Alternatively, the customer can activate the automatic payment function and thus the payment of the transport charge is made automatically upon conclusion of the transport contract. The stored payment methods can be changed, adjusted or cancelled at any time via the app.
   15. The customer is obliged to keep his/her user name and password safe. He is not authorised to disclose this information to third parties or to allow them access to the app. The customer is solely responsible for the confidentiality and security of his/her account. In the event of unauthorised use of the app by third parties, the customer must inform Moon Private Hire of this immediately.

9. Booking of the transport service

   1. In order to book a transport service, the customer first sends a non-binding trip request via the app and provides the necessary key data for the desired transport service. The Moon Private Hire booking system analyses the feasibility of the request taking into account the concept and notifies the customer whether the desired transport service can be carried out.
   2. If the customer wishes to transport luggage that exceeds the usual hand luggage size, an additional space must be booked for this. The Provider reserves the right to refuse transport to customers in the event of non-compliance. Wheelchairs or other walking aids are not considered baggage for the purposes of this rule. Wheelchairs and other walking aids are always transported free of charge and without booking an additional seat, provided that the boot capacity of the permits this.
   3. In the event of the feasibility of a journey request, the service opens up the possibility for the customer to book the transport service under the conditions specified. Moon Private Hire guarantees the stated fare in accordance with these terms and conditions.
   4. Both the Provider and the Client are entitled to cancel the booking until the conclusion of the contract of carriage. However, Moon Private Hire may charge at its sole discretion a cancellation fee.

10. Availability and changes

    1. The customer has no claim to constant and uninterrupted availability of the app and services or to complete and timely transmission of information. Moon Private Hire reserves the right to change the app in a manner reasonable to the customer at its own discretion, in particular to further develop and improve the app and the service and to correct errors.
    2. Moon Private Hire is also entitled to stop offering the app and the service at any time, even without informing the customer individually.
    3. Likewise, the customer has no claim to the subsequent conclusion of a contract of carriage. The provider, mediated by Moon Private Hire, offers transport services in particular only during the respective current operating hours. The provider reserves the right to change these times at its own discretion or to discontinue the service altogether.

11. Rights of Use and Obligations

    1. Subject to the following restrictions and conditions, Moon Private Hire grants the customer a limited, non-exclusive, non-sub-licensable, revocable and non-transferable licence for the private installation and use of the app on the customer's mobile device as well as access to and use of all content, information and related materials made available via the app.
    2. Moon Private Hire does not grant the customer any rights to the app beyond the provision (1) of these terms and conditions. The customer is not entitled to copy, distribute or otherwise profitably exploit the app or to make changes to the app. In particular, the customer is not entitled to examine the functioning of the app, to decompile it, to disassemble it into its components, to reconstruct it or to use its code or other components to create their own software programmes.
    3. The customer must use the app in such a way that no impairment of the operation or function of the app occurs. The customer is not permitted to attempt to gain unauthorised access to or impair any part of the app and the systems or networks connected to it.
    4. The customer is not permitted to remove references to copyrights, trademarks or other property rights of Moon Private Hire from the respective part of the app.

12. Liability within the scope of using the app

    1. To the maximum extent permitted by law, Moon Private Hire Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Services or any information contained therein.
    2. Nothing in these terms and conditions excludes or restricts Moon Private Hire Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Moon Private Hire Ltd.
    3. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

13. Indemnification

    1. If the driver/provider culpably violates an obligation from these terms and conditions or if the driver/provider culpably violates rights of third parties through or during the use of the app and Moon Private Hire is therefore claimed against by third parties, the driver/provider indemnifies Moon Private Hire from any liability towards these third parties as well as the costs of an appropriate legal prosecution.
    2. If third parties assert claims against Moon Private Hire due to the infringement or violation of rights, the driver/provider is obliged to provide Moon Private Hire with all information necessary for defence.
    3. If third parties assert claims against Moon Private Hire, the driver/provider agrees to and shall be liable to Moon Private Hire for an immediately due and payable penalty of £1 million, without prejudice to any other rights provided for by law or under this agreement such as the right to specific performance, the right to an injunction or the right to claim damages in lieu of this penalty.

14. Conclusion of Contract

    1. With the start of the journey, the Provider and the passenger conclude a contract of carriage for the transport service in the sense of the booking. The journey is commenced as soon as the passenger enters the vehicle and the driver confirms the performance of the transport and there is agreement on this.
    2. Upon conclusion of the contract, the passenger agrees to these terms and conditions.
    3. Moon Private Hire vehicles are not specially designed for the transport of disabled people (e.g. wheelchair users) and the provider's drivers are not specially trained to assist disabled people during transport. Nevertheless, drivers are required to provide transport wherever possible. If a driver does not feel able to provide the required assistance, he or she may refuse transport. Claims for damages against the provider or Moon Private Hire do not arise from this.

15. Non-execution of a booking

    1. A booking is not executed if it is cancelled by the provider or the customer before the contract of carriage is concluded.
    2. A booking will also not be carried out if the passenger, for whatever reason, is not found at the starting point resulting from the booking. In such cases, the provider shall make reasonable efforts to locate the customer and to realise the transport service.
    3. A booking cancelled during the transport is at Moon Private Hire's sole discretion subject to a cancellation fee.
    4. If a booking in the sense of the above paragraphs 1 and 2 is not carried out, no claims arise on either side. However, Moon Private Hire reserves the right to no longer offer the driver/provider services via the app in the future in the event of repeated non-executed bookings and to arrange transport services, insofar as this can be attributed to the driver/provider's behaviour.
    5. Moon Private Hire further reserves the right not to offer services to driver/provider via the app or the service if these disrupt business operations. This includes above-average cancellations, non-appearance at the pick-up location, disrespectful treatment of customers as well as attempts to abuse or sabotage the service or the concept.

16. General terms and conditions of use of the transport service

    1. During the transport service, the passenger is obliged to follow the driver's instructions. The passenger must behave considerately towards other passengers and the driver. Moon Private Hire reserves the right to block the account of the customer, through which the journey was booked, if justified complaints are received about the passenger.
    2. The consumption of food in the Vehicle is not permitted. Drinks may only be consumed with the condition that they do not contaminate the Vehicle.
    3. The Provider reserves the right to charge passengers for cleaning the Vehicle that became necessary due to culpable contamination by the Customer. The applicable cleaning fee of £50 will be charged to the customer and paid directly to the driver for the cleaning services. In any such circumstances the Provider is urged to obtain photographic evidence and to issue a receipt for the cleaning services to the passenger.
    4. The carriage of animals is strictly limited to guide dogs and the Provider must not refuse to carry a guide dog.
    5. The provider is not liable for items forgotten in the Vehicle. Each passenger is obliged to take care of his/her personal belongings and to take them with himself/herself when leaving the vehicle. The Provider is not obliged to store forgotten items or to protect them from destruction, damage, or theft.

17. Fare

    1. Moon Private Hire guarantees the customer that the transport service will be carried out at the price displayed for this journey and confirmed by the customer by booking the journey and by the passenger at the start of the journey when the transport contract is concluded in accordance with these terms and conditions.
    2. Nonetheless, the fare price may change if for example the route taken, or the time of travel has changed in comparison to specifications of the booking and in line with the customers specifications. Passengers may amend the fare specifications during the trip however any such amendments require him/her to make changes in the app.
    3. Depending on demand, the fare may change. When demand is high, price dynamics increase the fare for a short period of time. In this way, Moon Private Hire can ensure in the long term that Vehicles are available much more quickly when there is a request. When demand is low, the fare drops to the normal price. The fare is always communicated prior to the start of the journey and does not change once the journey has been confirmed by the customer.

18. Payment

    1. At the end of the transport service, the passenger must pay the fare as defined in these terms and conditions. The provider has authorised Moon Private Hire to collect the fare. In particular, these terms and conditions are also an essential part of the agency relationship between Moon Private Hire and the respective provider.
    2. The passenger can pay the fare or if the booking customer is not also the passenger, the customer can pay the fare for the passenger by triggering the payment in the App.
    3. The customer must ensure that the mobile device is functional during the entire payment process. this includes in particular that the device has sufficient power, a mobile data connection and the latest version of the app.
    4. The customer waives the receipt of a paper receipt and accepts that the invoice receipt for the transportation service will be sent to himself/herself as an email to the email address he/she has registered with Moon Private Hire.
    5. The following applies to payments made by the Customer by credit card using the App: (a) The Customer assures the validity of the means of payment indicated by himself/herself to the Credit Card Payment Service and his/her authorisation in this regard. The customer agrees that the means of payment indicated by himself/herself will be charged by the credit card payment service in the amount of the fee owed by the customer to Moon Private Hire. Moon Private Hire reserves the right to have the customer's authorisation checked by means of common verification procedures (3D-Secure or Mastercard Identity Check). (b) If the amount owed by the customer to the payment service from the credit card is not paid out or if the processing fails in any other way, the customer will make up the payment immediately. If the customer is at fault, he/she will indemnify Moon Private Hire and the credit card payment service.
    6. Incorrect payment on some trips due to technical issues we will be adjusted automatically to correct technical error's incurred.

19. Liability in case of accidents

    1. The Customer rides in the Vehicle at his/her own risk and waives - except in cases of intent and gross negligence - any liability towards the driver and owner of the Vehicle for compensation for any accidental damage, insofar as this cannot be compensated by any insurance benefit. This waiver does not apply to cases of injury to life, body and health, insofar as the accident was caused by the driver of the Vehicle, nor to damages arising from the breach of essential contractual obligations (cardinal obligations). Material contractual obligations are those whose fulfilment makes the performance of the contract of carriage possible in the first place and on whose fulfilment the customer relies on and may rely.
    2. Liability for property damage to any person transported is excluded insofar as the damage exceeds 1,000 GBP and is not due to intent or gross negligence.
    3. If, in the event of an accident, a third party is liable for damages in addition to the driver and owner of the Vehicle, the customer shall limit his/her claim for damages against the third party to the partial amount corresponding to the extent of the third party's joint liability.
    4. In the event that an ancillary action is brought, the customer waives the reimbursement of ancillary action costs to the driver and owner of the Vehicle, insofar as these are not to be covered by legal expenses insurance.
    5. For damages that are not accident damages in the aforementioned sense, the liability of Moon Private Hire is determined according to these terms and conditions.

20. Zero- Hours Contract

    1. Duties and Job Title
       1. You are engaged by Moon Private Hire in the capacity of private hire driver. You will be required to undertake such duties and responsibilities as may be determined by Moon Private Hire from time to time. In particular, the following duties and responsibilities:
          1. Adhere to all company policies and procedures, including, Moon Private Hire`s Driver Terms and Conditions, Health and Safety Policy.
          2. Adhere to all transport legislation and applicable law, including but not limited to, vehicle safety, driver hours limits, private hire license, DVLA Group 2 medical standards, and vehicle roadworthiness.
          3. Manage security of passengers carried whilst in transit.
          4. Providing excellent customer service and handling customer queries effectively.
          5. Reporting any accidents as soon as possible.
          6. Perform any other reasonable requests as detailed by Moon Private Hire.
       2. Moon Private Hire reserves the right to vary your duties and responsibilities at any time and from time to time according to the needs of Moon Private Hire’ business.
    2. Commencement, Hours, Start Time, Duration, and Location
       1. Your engagement with Moon Private Hire begins with your registration using the Moon Private Hire APP.
       2. The first 1 month of your engagement will be a probationary period during which your performance will be assessed. The probationary period may be extended at Moon Private Hire’ discretion. During the probationary period, the full disciplinary and grievance procedure will not apply.
       3. During the 1-month probationary period the notice required by either party to this Contract to terminate your engagement will be one week.
       4. Your engagement begins on the date indicated above and we intend to offer you bookings from time to time and at our discretion. Please note that: There is no obligation on us to allocate bookings or to explain our reasons for allocating or not being in a position to allocate you bookings, on any given occasion. We will let you know the required hours as these will fluctuate depending on our operational requirements from time to time.
       5. Start time, duration, location, and date of work will be determined in accordance with bookings made with Moon Private Hire.
       6. Since you have complete flexibility as to when and how to work and to take holiday, there are no fixed times for periods of holiday.
       7. You are entitled to 28 days holiday, including 8 days public and bank holidays. Holiday entitlement is generally calculated as follows: 5.6 weeks of holiday per year which equals 12.07% of hours worked over a year divided by 100 and multiplied by the number of days worked. Consequently, we consider that 12.07% is the most appropriate way to calculate holiday pay.
       8. By default, your Holiday Pay is included in each transaction/fare payment but is not shown in any specific breakdown. Should you require any further details on your Holiday Pay please contact us.
    3. Bookings
       1. We will notify of available bookings vie the Moon Private Hire APP. In addition:
       2. Where you accept a booking, we will be clear about these duties from the outset.
       3. We may vary these duties from time to time, to ensure that they are always relevant to the particular booking that has arisen, and you agree to accommodate these variations in order to help us to meet our business needs.
       4. Where you accept a booking, you are required to complete it. If you become unable to complete the booking, you must notify us immediately.
       5. Where we cancel the booking for any reason, we will notify you as soon as reasonably practicable.
       6. Moon Private Hire encourages you to make yourself available for bookings that we offer to you, although you may decline any offered booking your acceptance rate will be effected.
       7. We have the right at any stage to terminate bookings for operational reasons. Should this happen, we will pay you for the hours that you have worked up to the moment of termination. However, if we suspend you for any reason during a booking that you have accepted, you will not be entitled to pay during that suspension period.
    4. Termination
       1. If you no longer want us to consider you for bookings, please let us know as soon as possible and we will terminate this contract with immediate effect; or, if you notify us of this intention during a booking for us, we will terminate this contract as soon as you have completed the booking.
       2. We have the right to terminate this contract at any time, by writing to you to confirm our intention to do so.
    5. Other Important Terms
       1. During each assignment that you undertake for us, you agree to abide by our policies, including those relating to health and safety, bullying and harassment, and personal data protection.
       2. You confirm that you are legally entitled to work in the UK.
       3. We may amend, vary or terminate the terms and conditions and any such change will be notified to you personally in writing or, when generally applied, by notice.

21. No Waiver

    In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions

    In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23. Notices

    All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

24. Law and Jurisdiction

    These terms and conditions and the relationship between you and Moon Private Hire shall be governed by and construed in accordance with the Law of Scotland and Moon Private Hire and you agree to submit to the exclusive jurisdiction of the Courts of Scotland.