THIS AGREEMENT has been made on the date of accepting your first Booking with minicabit or minicabit receiving your signed Account form, whichever is sooner. The parties to the agreement are:

MINICABIT LIMITED of 80-83, Long Lane, London EC1A 9ET ("minicabit") and [PRIVATE HIRE AND/OR TAXI OPERATOR] ("PHO") whose registered office is as per PHO registration details submitted by PHO to minicabit.

NOW IT IS AGREED as follows:

1. DEFINITIONS
   1. In this Agreement the following expressions shall have the following meanings save where the context otherwise requires:
      1. "Trip" the Journey to be undertaken by PHO at the Agreed Time from the Agreed Pick-Up Point to the drop-off address specified by the Passenger.
      2. "Admin Website" minicabit's administration website located at admin.minicabit.com
      3. "Administration Fee" the administration charge based on the overall value of the booking which is minimum 25p paid by the Passenger for the booking of a Private Hire Vehicle effected via the Public Website.
      4. "Agreed Pick-Up Point" the appointed place for the Passenger to be picked up by PHO as set out in the Details.
      5. "Agreed Time" the appointed time for the Passenger to be picked up by PHO as set out in the Details.
      6. "Booking" the booking of a Private Hire Vehicle or (Hackney Carriage) Taxi effected via the Public Website.
      7. "Card" the credit, debit or charge card, or PayPal account the Passenger can use when making the Booking.
      8. "Cash" the payment the Passenger makes for the Fare to the PHO and/or its Driver including minicabit's Commission and Administration Fee.
      9. "Commission" the commission due to minicabit in respect of any Booking which will be the sum of 12 percent + VAT and 17 percent + VAT for Executive, Premium, Luxury Car and minibus bookings (at the standard rate) of the Fare Data for the Trip (exclusive of any tips), plus the Administration Fee which is paid by the customer.
      10. "Designated Bank Account" the bank account details of which have been provided by PHO to minicabit.
      11. "Details" the details of the Trip provided by minicabit to PHO.
      12. "Fare Data" the data provided by PHO to minicabit relating to the sums (including, but not limited to, FDD) it wishes to have quoted for different routes and used by minicabit in producing the Quotes.
      13. "FDD" the Fare Data per mile multiplied by the Trip mileage.
      14. "Goods" any goods carried in a Private Hire Vehicle or Taxi which is booked via the Public Website.
      15. "Integration Fee" a fee specified by and payable to minicabit relating to minicabit integrating with PHO’s software, including but not limited to PHO’s own or 3rd party dispatch software
      16. "Licensing Authority" any regional or national Licensing Authority(ies) responsible for licensing the operation of Private Hire Operators or Taxi Operators, and the drivers who work for such Operators.
      17. "Particular Requirements" any specific requirements the Passenger may have relating to disabled facilities, the gender of the driver or otherwise.
      18. "Passenger" any passenger carried by PHO pursuant to a Booking.
      19. "Passenger Requirements" the details which the Passenger provides upon making a Booking including the number of Passengers, Agreed Time, Agreed Pick-Up Point and drop-off address.
      20. "Personal Data" the personal details provided by the Passenger, notably its physical and email addresses and telephone number.
      21. "PHO" the licensed Private Hire Operator and/or licensed (Hackney Carriage) Taxi Operator, as per PHO registration details submitted by PHO to minicabit.
      22. "Public Website" minicabit's public website and mobile site located at www.minicabit.com and affiliate partner websites, minicabit's social media, smartphone and tablet apps, chauffeurit’s public website and mobile site located at www.chauffeurit.com.
      23. "PHO T&C" the terms and conditions of Private Hire Operator or licensed Taxi Operator which govern the Booking and Trip.
      24. "Quote" the fixed price quoted by minicabit on behalf of PHO via the Public Website in respect of a Trip based on Fare Data.
      25. “Promo code” a financial incentive provided to customers, via a discount code, to use when they make a booking.
   2. The clause headings and any other headings are inserted for convenience only and shall not affect the construction of this Agreement.
2. SERVICES
   1. In consideration of minicabit procuring Bookings for PHO via the Public Website, PHO agrees:
      1. that minicabit may on behalf of PHO produce the Quotes and charge an Administration Fee, and that minicabit will be entitled to deduct the Commission from it and, subject to Clause 4.1, send the balance to PHO.
      2. that minicabit will be entitled to rely on the Fare Data in computing the Quotes and that any mistakes therein will be for the account of PHO. PHO will be responsible for ensuring Fare Data and any other account information, including but not limited to password details, email details and contact details, is kept current, and for ensuring the completeness and accuracy of Fare Data and all such information. PHO warrants that it will delete all Personal Data relating to a Trip from its records immediately after the Trip is completed or, if the fulfilment of the Trip is disputed, then once the dispute is closed by minicabit.
      3. that its Fare Data will include and it will bear all road tolls, congestion charges that may be incurred by the Trip.
      4. that minicabit, in calculating the FDD element of the Quote, can derive the Trip mileage from commonly available online mapping applications.
      5. that minicabit can use all vehicles shown as available from PHO on the Admin Website for Booking any number of Passenger(s) up to the capacity of each vehicle.
   2. that it will carry out all Trips for which its Quote is selected, provided there is at least 30 minutes’ advance notice of the Agreed Time or the minimum notice that you have set on our Admin Site
   3. that it will make clear its vehicle availability and related Passenger capacity to minicabit via the Admin Website, and that it will keep such information up-to-date on the Admin Website.
   4. to use its best endeavours to provide its services in all regards in accordance with the Passenger Requirements as well as any Particular Requirements it agrees directly with the Passenger.
   5. that minicabit may in its absolute discretion make any refunds of Card payments made by Passengers it considers appropriate to such Passengers where it considers that PHO has not fulfilled the Passenger Requirements and to deduct such refunded sums from any sums otherwise due to PHO.
   6. that it will follow the processes set out on the Admin Website to manage the Booking.
   7. that it will bear any speeding or other penalties that it may incur in respect of the Trip.
   8. that without prejudice to the generality of the foregoing, PHO shall forfeit any entitlement to payment in respect of any Booking where it fails to turn up at the Agreed Pick-Up Point within 10 minutes of the Agreed Time for a minicabit.com booking and within 5 minutes of the Agreed Time for a chauffeurit.com booking, unless the Passenger decides to continue with the Trip and it is successfully completed.
   9. that it will only use the Personal Data to fulfill its obligations pursuant hereto and, in particular that it will not use such details to make any direct solicitation for the Passenger’s future business. Therefore,  Personal Data can only be used to specifically confirm a Booking and its requirements with a Passenger, to notify the Passenger of its driver's location in relation to the pickup point, resolving a dispute about a Booking or any other reason permitted by minicabit. Any evidence of such solicitation may result in the immediate removal of PHO’s ‘Airport Approved’ setting, as relevant, as defined in clause 2.12, the immediate removal of the PHO from the minicabit network, and a penalty fee as defined in clause 6.10.
   10. that it obtains no interest, copyright, database right, title or other intellectual property right whatsoever in minicabit's Intellectual property, the Personal Data or any transaction data relating to the Trip or the Passenger or in other data processed via the Public Website and the Admin Website and may only use the same, as a Data Controller, for the purposes of fulfilling its obligations hereunder.
   11. that minicabit may disclose Trip Data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.
   12. If a PHO is awarded an ‘Airport Approved’ setting by minicabit to receive bookings going to/from airports, the PHO agrees to comply with any service conditions minicabit stipulates relating to this setting. Failure of the PHO to comply can result, at minicabit’s absolute discretion, in this setting being removed at any time and even result in removal of the PHO from the minicabit network.
   13. If a PHO with an ‘Airport Approved’ setting set by minicabit to receive bookings going to/from airports, cancels a booking within 2 hours of the Agreed Pickup time and does not provide a replacement car to pick up the passenger at the agreed time, then minicabit can charge, at its absolute discretion, this PHO a penalty fee equivalent to the cost of the original fare.
   14. If a PHO with an ‘Airport Approved’ setting to receive bookings going to/from airports, fails to use the booking confirmation flow as stipulated by minicabit, then minicabit can sanction removal from this setting.
   15. that, where minicabit has integrated with PHO's software, including but not limited to PHO's own or 3rd party dispatch software with the PHO's written consent to, for instance, post the details of a Booking into the PHO’s software or source from the PHO’s software its Fare Data and/or vehicle availability, then minicabit may in its discretion charge the PHO an Integration Fee to be specified by minicabit.
3. BOOKINGS
   1. When the Passenger enters the details of the Trip it wishes to make, minicabit will endeavour to provide the Passenger via the Public Website with quotes from one or more Private Hire or Taxi Operators that are able to fulfill the Passenger’s requirements but minicabit does not guarantee that it will transmit a Quote from PHO to the Passenger, that the Passenger will accept such Quote or that PHO will obtain any business through this Agreement.
   2. PHO undertakes to fulfill any Trip for which its Quote is selected at the precise cost set out in the Quote except for any tips that may be paid by the Passenger to PHO and any additional sums which may be incurred in respect of, for instance, additional waiting time beyond 15 minutes arising from delay on the part of the Passenger, or additional requirements of the Passenger such as a child seat (that may be paid by the Passenger to PHO).
   3. Where the Passenger agrees any alterations (whatsoever) to the booked Trip directly with PHO, any additional amounts which may become payable by the Passenger, as agreed directly with PHO, are to be paid directly by the Passenger to PHO, including but not limited to deviations from the original route specified by the Passenger when making the Booking, this route being forwarded by minicabit to PHO as part of the Trip details.
   4. If PHO’s Quote is selected, minicabit will notify PHO thereof by the Admin Website and email and SMS text alerts, minicabit does not guarantee the delivery nor the timing of these email and SMS text alerts, and shall not in any event be liable (whether in contract or otherwise) for any indirect loss or consequential loss or loss of revenue, howsoever arising from the omission or delay of such email and SMS text alerts.
   5. The Passenger may have Particular Requirements which it relates to PHO and in such event the fulfilment thereof is subject to agreement between PHO and the Passenger.
   6. If, in a worst case scenario, PHO is unable to dispatch a driver for a minicabit job, PHO must provide an alternative licensed Private Hire or Taxi driver from PHO's own company or failing that, a driver of similar quality, sourced directly from another licensed Private Hire Operator or licensed Taxi Operator known to us with the exception of all other cab booking platforms. PHO agrees that full accountability lies with them and is required to provide the relevant details to Passengers as per normal. PHO will be liable for any consequential costs related to the fulfilment of such Bookings. As a last resort, PHO can reject the booking using the booking confirmation flow as stipulated by minicabit, but will be subject to reallocation costs in the tables in 6.11
   7. For pickups from an Airport, if the flight is not delayed or does not arrive early, PHO must adhere to the Pickup time on the booking and if the driver is dispatched earlier than the agreed Pickup time, the Passenger is not liable for any waiting charges. Should the booked time equal the scheduled flight arrival time, then the PHO should directly contact the Passenger as soon as possible to schedule the correct pick up time. Where the flight for a pickup from an Airport arrives earlier or later than scheduled, PHO should arrive inside the terminal 30 minutes after the new flight landing time and wait 15 minutes after the new Pickup time as per normal. In the event that PHO cannot honour the new Pickup time, PHO must contact minicabit about this as soon as possible.
   8. Where PHO has driver tracking visible to the customer via an SMS link through PHO’s own or 3rd party dispatch software, minicabit expects the PHO to send the SMS to all customers that book with them through minicabit.
4. PAYMENT
   1. For a booked Trip where the Passenger has paid in advance by Card, PHO agrees that minicabit is entitled to collect all monies (i.e. the Administration Fee, Quote and any Card Charges) due for the booked Trip acting entirely in its own right, and to settle all Card Charges for the Trip, in advance, subject to Clause 4.2, of making payment of the Fare Data, after deduction of Commission and Administration Fee, to PHO for the Trip.
   2. For a booked Trip where the Passenger will pay Cash to PHO or its Driver, PHO commits to, subject to Clause 4.2, making payment of the Commission plus Administration Fee to minicabit for the Trip.
   3. For each calendar week (Monday to Sunday), subject to there being no complaints from the Passenger and the Trips having been satisfactorily marked as complete on the Admin Website during that week, minicabit will calculate the total Fare Data due to the PHO after deduction of the Commission it owes PHO for such Trips where the Passenger has paid in advance by Card, minicabit will then deduct from this Fare Data the Commission owed to it by PHO for such Trips where the Passenger paid Cash to the PHO or its Driver as well as any fees incurred as specified in Clause 6 and/or Clause 10, and any relevant Integration Fee as relevant. minicabit will pay any resulting monies that it owes PHO into the Designated Bank Account within 26 days of the booking being marked as completed, although typically settled within 12 days providing there are no disputes or complaints to reconcile. Should a negative balance arise whereby PHO instead owes minicabit more than £20, minicabit has the right to disable PHO from receiving bookings where the Passenger pays Cash to PHO or its Driver, until the negative balance is cleared.
   4. minicabit will not be involved in relation to any tips that the Passenger may decide to pay to the driver.
   5. For the avoidance of doubt, we collect all receipts from customers as Agents only of each PHO (except for our commission, booking fee and credit card fee). All payments made to PHO are the full receipt from the customer for the supply of the PHO’s services, with VAT charged only on our commission. Each PHO will be responsible for the appropriate VAT treatment within their own accounting records and to the appropriate UK tax authorities. If your company is VAT registered then all VAT added by minicabit to their commission can be reclaimed in the usual method
   6. When a promo code is provided to a customer, for example 5% off their first booking, minicabit will waive the equivalent amount of our commission to cover the cost of the discount provided. This has no impact on the amounts you will receive directly from minicabit but will reduce the commission we have charged and the VAT reclaimable on that commission.
   7. For the avoidance of doubt, our commission (+ VAT) is deducted from the total price you have inputted into our system. We will only pay you the total price, less our commission (+ VAT), calculated under 4.6 above. If you are accounting for our commission, and the associated VAT, you must reflect the increased income that our commission has been deducted from. Please seek independent professional advice if you require further clarification.
   8. Whilst minicabit will endeavour to ensure its reconciliation of payments owing to or by PHO are always accurate, only disputes made by PHO regarding such payments that are raised by email within 7 days of receiving the payment statement from minicabit will be considered by minicabit. Otherwise minicabit can, at its discretion, disregard any such disputes made more than 7 days after the PHO was sent the statement by minicabit.
   9. Where minicabit has had to investigate multiple queries raised by PHO about a statement relating to additional charges such as penalties or bookings received, that were ultimately proved to be legitimately applied based on the PHO’s account settings, minicabit may in its absolute discretion apply an administration charge as appropriate to cover the time spent on the investigation.
   10. If minicabit and/or PHO become aware of or is notified of any fraud or illegal activity associated with any Card payment for a booking, minicabit will only pay up to 50% of the fare due to PHO.
5. INSURANCE, LICENSING AND INDEMNITY
   1. PHO undertakes at all times to have in place adequate insurance to cover any damage, loss or injury that may be sustained by any Passenger or Goods or in the course of a Trip, and as required for compliance with the relevant Licensing Authorities in England, Wales, Scotland and Northern Ireland.
   2. PHO hereby warrants to minicabit that it and its drivers and vehicles are and will throughout the course of this Agreement be fully licensed by the appropriate Licensing Authority(ies).
   3. In the event that PHO provides Fare Data to minicabit in respect of places which are not covered by the licence issued by its local Licensing Authority, PHO warrants that it will ensure that it has appropriate approval or licence in place from the relevant Licensing Authority.
   4. PHO undertakes to carry out all appropriate checks and to ensure that each of the vehicles used by its drivers is appropriately licensed by the relevant Licensing Authority and appropriate for the purposes of fulfilling the Passenger Requirements and any Particular Requirements.
   5. PHO undertakes to inform minicabit immediately if it the licence issued to it by the Licensing Authority lapses, is cancelled or materially modified.
   6. PHO hereby agrees to indemnify minicabit and hold minicabit wholly harmless in respect of any claim, damages, losses or liability which may result from the actions or omissions of PHO or otherwise including, without limitation, its drivers and any accident or incident that may occur in the course of a Trip and any failure by PHO to comply with the regulations of any Licensing Authority.
   7. PHO hereby undertakes to comply with data protection legislation in force in the United Kingdom at all times during the course of this Agreement.
   8. PHO agrees to allow minicabit to publish any data held by minicabit to third parties on an anonymous basis which does not allow PHO to be identified.
6. CANCELLATION OF BOOKINGS AND REFUNDS
   1. PHO acknowledges that the Passenger has the right to cancel a Booking made through the Public Website up to 25 minutes (unless otherwise specified in the booking) before the Agreed Time without any cancellation fee becoming due to PHO. The following will apply to Trips that are cancelled by the Passenger less than 25 minutes (unless otherwise specified) before the Agreed Time, or where the Passenger fails to show at the Agreed Pick-up Point within 15 minutes of the Agreed time - where the Passenger has paid in advance by Card, the fee due to PHO will be the Quote due to them only if the PHO has had to travel more than 10 miles from their office base to the Pick-up Point; the fee due to PHO will be half the Quote due to them upto a maximum £30 only if the PHO has had to travel between 2 and 10 miles from their office base to the Pick-up Point; where PHO has had to travel up to 2 miles from their office base to the Pick-up Point and/or has agreed to pay cash to PHO or its Driver, no payment is due to the PHO by minicabit. This will be further adjusted for any bookings relating to fraud or illegal activity as per clause 4.7
   2. If the Passenger decides to cancel a Booking, minicabit will notify PHO by email to the email address submitted by the PHO on the minicabit Admin Website. PHO warrants that it will delete all Fare Data and Personal Data relating to a cancelled Trip from its records immediately on receiving the notice of cancellation from minicabit or the Passenger.
   3. If PHO is instructed by minicabit that the Passenger has paid for a Trip in advance by card, yet PHO mistakenly demands Passenger to pay for the Fare in cash, then minicabit can, at its discretion, deduct a penalty fee according to the tables in 6.11 from any outstanding payment due to the PHO.
   4. Where PHO is unable or unwilling or unresponsive to fulfill a Booking allocated to it, PHO agrees that minicabit has the right to find an alternative licensed Private Hire Operator or licensed Taxi Operator to fulfill the Booking and that minicabit can charge PHO, at its absolute discretion, a Reallocation Cost according to whether the booking was rejected at ‘booking live’ or ‘ready to dispatch driver’ stages, or there was no response, as illustrated in the tables in 6.11. PHO will be liable for any consequential costs related to the fulfillment of such Bookings.
   5. In the event that PHO is late and does not meet the Passenger within 10 minutes of the Agreed Time or within 5 minutes of the Agreed Time for a chauffeurit booking (unless otherwise specified by the Passenger), then a Late fee for such lateness will be charged according to the tables in 6.11. There is an additional £10 penalty fee that also applies to Airport pickups where the PHO does not ‘meet& greet’ the Passenger by waiting for them in the Terminal (unless otherwise specified by the Passenger). Where the PHO is late for an Airport drop off, there is an additional penalty fee and PHO will be liable for any consequential costs or compensation related to such Bookings. In the event that a PHO on the ‘Airport Approved’ setting is persistently late for pickups going to/from an airport, then at minicabit’s absolute discretion, this setting can be removed at any time and even result in removal of the PHO from the minicabit network.
   6. In the event that PHO does not turn up for any reason at the agreed pick-up point within 10 minutes of the Agreed Time, or within 5 minutes of the Agreed Time for chauffeurit booking, and the Passenger does not use PHO for the Trip, it will not be entitled to payment in respect of the Booking and shall be liable for all direct and indirect consequences and costs resulting directly or indirectly from such failure. If in such a situation, and at the Passenger's complete discretion, the Passenger chooses to use PHO for the Trip, then payments, as set out in Clause 4.1, will be due to PHO, after deduction of any amounts payable to the Passenger relating to direct and indirect consequences and costs resulting directly or indirectly from the mentioned failure.
   7. In the event that the Passenger is not available at the Agreed Pick-Up Point at the agreed time, PHO shall be responsible for imposing and collecting any resultant additional charges directly from the Passenger.
   8. If a PHO cancels a booking that is for a pickup or dropoff relating to an airport within 2 hours of the Agreed Pickup time and does not provide a replacement car to pick up the passenger at the agreed time, then minicabit can charge, at its absolute discretion, this PHO an additional Reallocation Cost equivalent to the cost of the original fare.
   9. In the event of an unfulfilled booking, where any PHO marks the Trip as complete using minicabit’s software, PHO will be subject to an additional £20 Reallocation Cost.
   10. Subject to clause 2.9, any evidence of such solicitation by PHO of a Passenger introduced by minicabit may result in instant removal of the PHO from minicabit plaform.
   11. 
       
       
       

       Reallocation costs and late fees

       Fare Value	Rejected at booking 'live' *	Rejected at 'dispatch' *	No response to booking	Late fee
       £0 - £20	£2	£10	£2	£5
       £0 - £20	£3	£10	£3	£5
       £40.01 - £75	£5	£20	£5	£10
       £75+	£10	£20	£10	£10

       * If the booking results in a cancellation and the booking was rejected less than 12 hours before pickup, a fine of the value of the booking can be applied.
       
       

       Penalty fees

       Fare Value	Driver no show ✝ 1-8 passengers	Driver no show ✝ 9+ passengers	Charge cash for prepaid ✝	Failure to meet & greet ✝	Marked 'complete' on unfulfilled trip * ✝
       £0 - £20	£10	£20	£10	£10	£40 or value of fare, whichever is higher
       £20.01 - £40	£10	£20	£10
       £40.01 - £75	£20	£40	£20
       £75+	£20	£40	£20

       * This fine is also applied if a booking is marked or you advise as waiting for Passenger or Passenger on Board, or Driver Arrived and results in a Driver no Show.
       ✝ For Top Tier fines, please refer to the additional terms and conditions.
       
       
       
   12. If PHO is incurring at least a total of 3 or more costs (either Reallocation Costs, Late fees and/or Penalty fees of any type) in a calendar week, then minicabit can, at its absolute discretion, charge PHO an Impairment fee for PHO’s such severe performance issues.
7. RELATIONSHIP WITH PASSENGER AND PHO’S TERMS AND CONDITIONS
   1. The parties agree minicabit is acting as the agent of PHO.
   2. PHO acknowledges and accepts that it is wholly responsible for meeting the Passenger Requirements and any Particular Requirements and for any damages or losses sustained by any Passenger or Goods.
   3. PHO hereby agrees to indemnify minicabit and hold minicabit wholly harmless in respect of any claim, damages, losses or liability arising from PHO’s or its drivers’ actions or omissions in relation to any Passenger or Goods.
8. WARRANTY AND LIMITATION OF LIABILITY
   1. PHO will be liable for any delays in pick-up or drop-off times and for any failure of PHO to arrive at all or for any failure of PHO to provide its services in accordance with the Passenger’s requirements or expectations and PHO hereby indemnifies and holds harmless minicabit in respect of liabilities, losses, costs or expenses arising as a direct or indirect result thereof.
   2. minicabit shall not in any event be liable (whether in contract or otherwise) for any indirect loss or consequential loss or loss of revenue, howsoever arising, suffered by PHO or any Passenger in connection with any failure by PHO in connection with this Agreement or otherwise.
   3. minicabit’s maximum aggregate liability in respect of this Agreement and any matter arising out of it (including negligence and any claims whether made in contract or tort) shall be limited to a total amount of £500.
   4. Subject as expressly provided in this Agreement all warranties, conditions or other terms implied by statute or common law are excluded as far as legally possible.
   5. Nothing in this agreement shall operate so as to exclude any rights the Passenger may have under consumer legislation or limit PHO’s or minicabit’s respective liability for death or personal injury arising out of their negligence.
   6. Each foregoing sub-clauses of this clause shall constitute a separate and severable provision. The provisions of this clause shall continue in effect notwithstanding the termination, completion or any other matter which might otherwise cause this Agreement to become ineffective.
   7. Any price comparison information shown on the minicabit Admin Website is shown as indicative information only, and minicabit is not responsible for the completeness and accuracy of such comparison information. Any mileage data used by the minicabit Admin Website to calculate Trip mileage is an estimation of the actual mileage of the Trip, and minicabit is not responsible for the completeness and accuracy of this data.
   8. minicabit is not responsible for the completeness, accuracy or timeliness of and emails or texts sent to PHOs from the Admin Website or to Passengers from the Public Website.
9. TERMINATION
   1. Either party shall be entitled to terminate this Agreement immediately at its discretion on written notice except that PHO shall be obliged to fulfill any Bookings for which its Quote has been accepted and any balance of monies owed to either Party by the other is settled.
10. DISPUTES
    1. If a severe complaint made regarding poor service by the Passenger against the PHO is upheld in agreement with the PHO, then minicabit can apply at its absolute discretion a customer complaint charge of £10 against the PHO.
    2. If minicabit sends a Passenger complaint to PHO and PHO fails to
       1. confirm receipt within 24 hours by email to minicabit that they are investigating this complaint, then minicabit can, at its discretion, deduct a penalty fee of £15 from any outstanding payment due to the PHO
       2. provide a response to minicabit and/or the Passenger about the Passenger’s complaint within 2 working days of the complaint being first raised, then minicabit can, at its discretion, uphold the Passenger’s complaint and deduct the relevant penalty detailed in clause 6.
    3. In the event of a complaint from the Passenger where they dispute PHO’s version of events, minicabit will require PHO to send its driver’s GPS tracking information for the disputed booking and any relevant call logs or SMS messages between the PHO and/or its driver and the Passenger. Failure to provide this information within 2 working days of initial notification of the complaint will result in minicabit upholding the Passenger’s complaint and issuing a full refund where applicable.
    4. If minicabit is unable to resolve any claim a Passenger may have in respect of the service provided by PHO to the mutual satisfaction of the Passenger and PHO, minicabit shall be entitled to submit such claim to the determination of an independent third party selected by minicabit and PHO agrees to be bound by the decision of such third party.
    5. Should PHO have a dispute with the Passenger, minicabit is not liable for any claims, demands and damages (actual and consequential) of any kind and nature arising out of or in any way connected with such disputes.
11. PRIVACY POLICY
    1. Our site uses cookies (very small files that are sent by us to your computer or other access device) which we can access when you visit our site in future:
       - Website functionality cookies: these cookies enable you to browse the website and use our features such as using a registered account and managing bookings.
       - Website analytics cookies: We use these cookies to measure and analyse how our users use the website. This allows us to continuously improve our website and your booking management experience. By using our website you agree that we can place these types of cookies on your device and access them when you visit the site in the future. If you want to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies. Information on deleting or controlling cookies is available at  www.AboutCookies.org. Please note that by deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of our site. We do collate information about site traffic, bookings and other commercial information so we can consistently improve our site design to better meet our visitors' needs. From time to time minicabit may employ third party business partners to collect data or to undertake marketing activities on minicabit's behalf. In such cases, these third parties will be subject to confidentiality agreements.
    2. Data Handling and Sharing:
       We affirm our commitment to safeguarding your privacy in accordance with GDPR. Where your Drivers’ contact information is presented on our system from e.g. your dispatch system to fulfil a booking, your Drivers’ contact details will not be sold or shared with third parties for any purpose.
12. INTELLECTUAL PROPERTY RIGHTS
    1. This means the ownership of copyright and all other intellectual property rights (including without limitation all patents, copyrights, trademarks, business names, domain names, goodwill and other intellectual property rights) of Data, Database Rights, Software and Company Materials, as well as the text, graphics, data, designs, computer programs, computer code, items, inventions, works of authorship, trademarks, service marks, concepts, materials, methods, processes and other content and information contained across minicabit’s platform, which shall all remain with minicabit
    2. All materials provided by minicabit to the PHO will remain the property of minicabit or its Licensors.
    3. PHO shall not disclose, display, upload, broadcast, commercially exploit, sub-license, decompile, reverse engineer, copy, modify, input or compile any of minicabit’s Intellectual Property, or provide any details or information in relation to such intellectual property to third parties
    4. minicabit hereby grants to the PHO for the term of this Agreement, a non-exclusive, worldwide, royalty-free Licence to reproduce electronically, distribute and publicly display minicabit’s logo in the context of PHO’s availability on the Public Websites. PHO acknowledges that minicabit is the owner of the minicabit’s logo and any and all goodwill derived from the use of minicabit’s logo by the PHO shall accrue to minicabit
    5. PHO shall immediately notify minicabit upon becoming aware of
    1. an actual or potential infringement by a third party of any of minicabit’s Intellectual Property
    2. any claim that minicabit’s Intellectual Property infringes the Intellectual Property Rights of any third party
    6. PHO shall provide minicabit all reasonable assistance in relation to the IPR Infringement Claim and allow minicabit to have the exclusive conduct of the IPR Infringement Claim and all related disputes, proceedings, negotiations and settlements.
13. MISCELLANEOUS
    1. This Agreement shall form the entire agreement between the parties and supersede any previous agreement and (save so far as expressly preserved hereby) representations oral or otherwise made by either of the parties. PHO warrants that it has not relied on any representation made by minicabit in entering into this agreement.
    2. minicabit may at any time vary or add to these Terms &Conditions as it deems necessary. Should PHO not agree to the updated Terms, it can terminate as set out in Clause 9.1
    3. Failure by either party at any time to enforce any right claim or provision of this Agreement or arising hereunder shall not be construed as a waiver of such right, claim or provision.
    4. All notices under this Agreement shall be given to minicabit in writing to its address above or to its email address below, and to the PHO in writing or by email to the addresses as per PHO registration details submitted by PHO to minicabit. All notices may be served by email and shall be deemed to have been given 1 hour after transmission thereof.
    5. PHO email address: as per PHO registration details submitted by PHO to minicabit.
    6. minicabit email address: admininfo@minicabit.com
    7. PHO authorises minicabit to make any payments for completed bookings, where the Passenger has paid by Card in advance, direct into the bank/building society account specified by PHO in the Bank/Building Society Account Mandate of the Account form. minicabit will only pay PHO any monies due into UK bank accounts in £ sterling.

This Agreement shall be governed and construed in accordance with English Law and the parties agree to submit any dispute hereunder to the jurisdiction of the courts of England, and is executed on behalf of the parties by their duly authorised representatives as of the date agreed.