Uber UK – Clean Air Plan – terms and conditions
Effective Date: 16 January 2019
Last updated: 25 June 2019
The Clean Air Plan is an Uber B.V. ("Uber") initiative to help improve air quality in London through a number of measures (the "Clean Air Plan"). One element of the Clean Air Plan is to encourage the use of fully electric vehicles ("EVs") by providing qualifying Partner Drivers with financial assistance towards their purchase or rental of a new EV ("EV Assistance").
These terms and conditions (the "Terms") set out the terms on which Uber intends to operate the EV Assistance aspect of the Clean Air Plan in London in the United Kingdom.
"Active" means that the relevant Partner Driver has provided transportation services in respect of which a Clean Air Fee is recommended to be charged on at least one occasion in the previous 180 days (on a rolling basis).
"Approved Dealer" means any of the dealers listed from time to time on the Partner Driver Clean Air Plan website at https://www.uber.com/gb/en/u/drive-journey-to-electric/.
"Clean Air Fee" means the amount of £0.15 per mile (or a percentage of such amount in the case of a Shared Ride) that will be recommended to be part of the fare charged to Users for transportation services provided in London, beginning on the Start Date.
"Driver Terms" means the driver terms between a Partner Driver and Uber, or, where applicable, the fleet partner terms between a Fleet Partner and Uber.
"Eligible EV" means any EV listed at t.uber.com/vehiclelist.
"First Phase of the Clean Air Plan" means any point(s) during the Term when the relevant Partner Driver is using a vehicle that is not an Eligible EV to provide transportation services in London that are booked via the Uber App.
"Fleet Partner" means an independent business in the business of providing transportation services to Users in London booked via the Uber App, where such transportation services are delivered through Fleet Partner Drivers.
"Fleet Partner Driver" means a driver providing transportation services to Users for or on behalf of a Fleet Partner pursuant to a contractual or employment relationship between that Fleet Partner Driver and the relevant Fleet Partner.
"Initial EV Driver" means a Partner Driver who uses an Eligible EV to provide transportation services that are booked via the Uber App as at the Start Date.
"Partner Driver" means an independent driver who is an individual and who uses the Uber App to obtain lead generation in respect of transportation services that driver provides to Users in London (but excludes any Fleet Partner Driver in their capacity as such).
"Purchase" means any agreement by a Partner Driver to purchase an Eligible EV from an Approved Dealer where the Partner Driver will under such agreement acquire ownership of the Eligible EV (whether such ownership is acquired via an upfront payment at the time of purchase or instalment payments).
"Rental" means any agreement by a Partner Driver with an Approved Dealer under which the Partner Driver rents an Eligible EV from the Approved Dealer (and under which agreement the Partner Driver will not acquire ownership of the Eligible EV).
"Second Phase of the Clean Air Plan" means any point(s) during the Term when the relevant Partner Driver is using a vehicle that is an Eligible EV to provide transportation services in London that are booked via the Uber App (save that, where the Partner Driver is an Initial EV Driver, they shall have the option to choose whether to enter the First Phase of the Clean Air Plan in accordance with the terms below).
"Shared Ride" means a ride that is booked through the Uber App the cost of which is shared between two or more Users, either using the "split fare" function in the Uber App, or on a Pool trip.
"Start Date" means the start date of the Clean Air Plan initiative, being 16 January 2019.
"Term" means the term of the Clean Air Plan, beginning on the Start Date and concluding on a date determined by Uber and notified to Partner Drivers via the Uber App or email.
"Uber App" means the software application provided by Uber to Users and Partner Drivers.
"User" means an end user authorised by Uber to use Uber's mobile application for the purpose of obtaining transportation services in London.
Any capitalised terms used in the Terms that are not defined herein shall bear the meanings given to them in the relevant Driver Terms.
In accordance with the Driver Terms and Clean Air Plan Addendum:
A Clean Air Fee of £0.15 per mile (or a percentage of such amount in the case of a Shared Ride) will be added to the fare recommended to be charged by Partner Drivers to Users for transportation services in London, beginning on the Start Date.
During the First Phase of the Clean Air Plan, an amount equal to the aggregate recommended Clean Air Fees for all transportation services provided by a Partner Driver booked via the Uber App will be added to the service fee that Uber charges to that Partner Driver by reference to the non-Clean Air Fee component of the fare charged to Users.
During the Second Phase of the Clean Air Plan, an amount equal to such Clean Air Fees will no longer be added to the service fee charged by Uber. Instead, Uber will charge its service fee as a percentage of the total fare (including any Clean Air Fee component).
In accordance with, and subject to, the conditions set out in these Terms, Uber may offer EV Assistance to Partner Drivers to help them enter the Second Phase of the Clean Air Plan.
Eligibility for EV Assistance
All Partner Drivers using the Uber App to obtain lead generation in respect of transportation services they provide in London during the Term are in principle eligible for EV Assistance, regardless of the date on which they became Partner Drivers.
The EV Assistance Amount
Provided the Partner Driver has not previously received any EV Assistance in relation to a Purchase, Uber intends to calculate for each Partner Driver a notional "EV Assistance Amount". Uber intends that, subject to the other provisions of the Terms, the EV Assistance Amount for a Partner Driver will be at least equal to the value of all service fees charged to that Partner Driver (and not refunded) by reference to that Partner Driver's recommended Clean Air Fees during the First Phase of the Clean Air Plan at a time when that Partner Driver is Active. Uber will at its discretion, and with no debt or liability in respect of this amount impliedly or expressly given, communicate a notional indicative amount for each Partner Driver's EV Assistance Amount to that Partner Driver via the Uber App or email updates from time to time.
Uber does not intend to make any distinction in calculating EV Assistance Amounts depending on which type of vehicle a Partner Driver uses to provide transportation services, provided they are in the First Phase of the Clean Air Plan and their vehicle is on Uber's approved vehicle list (as shown at t.uber.com/vehiclelist).
If a Partner Driver ceases to be Active during the Term, Uber will reduce the amount of that Partner Driver's EV Assistance Amount to zero at such point, but without prejudice to further amounts being added to a Partner Driver's EV Assistance Amount if they become Active again during the Term.
For the avoidance of doubt, the EV Assistance Amount is a purely notional amount and no Partner Driver shall have any entitlement to, or beneficial interest in, any amounts in the EV Assistance Amount relating to their Purchase or Rental of an Eligible EV. Uber shall be entitled to use any service fees it receives as it sees fit and shall not be obliged to hold any amounts in respect of EV Assistance Amounts. Uber also retains complete discretion as to how any EV Assistance Amount is calculated.
Eligibility for pay-out of EV Assistance
In order to be eligible ("Eligible") to make an application for EV Assistance:
The Partner Driver must have provided transportation services that were booked through the Uber App on at least 150 separate occasions in the 8 week period immediately prior to the day on which the Partner Driver requests EV Assistance (the "Minimum Trips Condition").
The Partner Driver's EV Assistance Amount must be at least £1,000 at the point of requesting EV Assistance, unless the Partner Driver has previously been paid EV Assistance in relation to a Rental, in which case there is no minimum.
The pay-out process
If a Partner Driver is Eligible, they may submit a request to Uber for EV Assistance, using the form on the Partner Driver Clean Air Plan website at https://www.uber.com/gb/en/u/drive-journey-to-electric/ (the "Application Form"). The Application Form must specify which Purchase or Rental the Partner Driver wishes to use the EV Assistance for, and the amount of EV Assistance requested. By submitting an Application Form, the relevant Partner Driver accepts these Terms (as applicable at the date of such Application Form), which shall operate in addition to the terms contained in the Driver Terms between Uber and the Partner Driver (and any addenda thereto).
If the EV Assistance is requested in relation to a Purchase, it must be in relation to the full amount of the Partner Driver's EV Assistance Amount at the time of the request. Once EV Assistance is approved in relation to a Purchase, the Partner Driver may not request EV Assistance again, and no further amounts will be added to the Partner Driver's EV Assistance Amount.
If the EV Assistance is requested in relation to a Rental, the amount of the EV Assistance shall be equal to the terms of the Rental and their EV Assistance amount is subject to a minimum of £1,000 for their first request (with there being no minimum after their first pay-out of EV Assistance). The Partner Driver's EV Assistance Amount will be reduced by the amount of any EV Assistance. The Partner Driver may request EV Assistance in relation to a Rental as many times as they wish, subject to the terms of the relevant Approved Dealer. A Partner Driver may also request EV Assistance in relation to a Purchase even if they have previously requested EV Assistance in relation to a Rental.
Once Uber has notified the Partner Driver of its approval of their application, a Partner Driver may proceed to agree the Purchase or Rental with the relevant Approved Dealer. By completing the Application Form, the Partner Driver irrevocably directs Uber to pay the EV Assistance to which the Partner Driver becomes entitled (which entitlement shall only arise if and when Uber agrees in its absolute discretion to pay the EV Assistance in question) directly to the relevant Approved Dealer when requested to do so by such Approved Dealer in satisfaction of the Partner Driver's obligation to pay such amount of the cost of the Purchase or Rental, but only once the Partner Driver has agreed the relevant Purchase or Rental with the Approved Dealer.
Uber retains complete discretion as to whether to pay EV Assistance to a particular Partner Driver (and Partner Drivers shall have no legal entitlement to EV Assistance), up to the point it agrees to pay the EV Assistance following an Application Form being submitted.
Initial EV Drivers
If a Partner Driver is an Initial EV Driver, that Partner Driver may notify Uber at any time up to three months after the Effective Date that the Partner Driver wishes to enter the First Phase of the Clean Air Plan, notwithstanding that they are providing transportation services in an Eligible EV. If a Partner Driver so notifies Uber, and Uber accepts such notification, they shall thereafter be treated for the purposes of these Terms as though the vehicle they use to provide transportation services through the Uber App in London is not an Eligible EV, such that they are in the First Phase of the Clean Air Plan, until such time as they have requested EV Assistance towards a Purchase or a Rental, after which point their being in the First Phase or the Second Phase of the Clean Air Plan will be determined on the basis of the vehicle they use in fact (and subject to the rest of these Terms).
The rest of these Terms will apply to Fleet Partners as if: (i) the Fleet Partner was a Partner Driver; and (ii) every trip completed by a Fleet Partner Driver for or on behalf of the Fleet Partner was completed by the Fleet Partner themselves, but subject to the following:
For the first request for EV Assistance for a Purchase or Rental, the Fleet Partner must have at least one Fleet Partner Driver who satisfies the Minimum Trips Condition on an individual basis at the time of the request (and at the time of each subsequent pay-out request in relation to the same Rental). This number shall increase for each subsequent Purchase or Rental. So, for a second Purchase or Rental, the Fleet Partner must have at least two Fleet Partner Drivers who separately satisfy the Minimum Trips Condition on an individual basis at the time of the request (and at the time of each subsequent pay-out request in relation to the same Rental), and so on.
Whether a Fleet Partner is in the First Phase or the Second Phase of the Clean Air Plan shall be determined separately in respect of any given transportation services provided by a Fleet Partner based on the vehicle used by the Fleet Partner Driver providing the relevant services for or on behalf of the Fleet Partner.
A Fleet Partner may not request less than £1,000 or more than £7,500 of EV Assistance in total for (i) any single Purchase or (ii) a particular Rental. However, a Fleet Partner may – subject to meeting the other criteria – make more than one request for EV Assistance in respect of a Purchase and need not request assistance in respect of the full amount of its EV Assistance Pot. The EV Assistance Amount of a Fleet Partner shall also not cease to be increased after the Fleet Partner has received EV Assistance in respect of a Purchase.
Where an individual is acting as a Fleet Partner Driver, any transportation services such individual is involved in providing will not result in any EV Assistance Amount arising in respect of that individual (only the Fleet Partner) and nor will any such transportation services be taken into account in determining whether that Partner Driver (as opposed to the Fleet Partner) is Active or meets the Minimum Trips Condition. No EV Assistance Amount of any individual will be transferred to a Fleet Partner or any other person.
Surplus allocated to EV Assistance Amounts
Uber intends to use any service fees that it receives by reference to recommended Clean Air Fees charged during the First Phase of the Clean Air Plan, and that are not applied in providing EV Assistance (including any amounts notionally allocated to the EV Assistance Amounts at the end of the Term), to other clean air initiatives as identified by Uber.
The provisions of clauses 5, 11, 21c. and 21e.of the relevant Driver Terms shall apply to the Terms as though references to the Driver Terms were references to the Terms, references to "you" were to the Partner Driver and/or Fleet Partner (as applicable) and references in clause 11 to "Rides" were to "Rides and/or in connection with any EV Assistance" (and making such other amendments as may be necessary or appropriate).
Uber reserves the right to change or terminate the Clean Air Plan, or any part thereof, at any time without notice and without further obligation to any Partner Driver, including but not limited to modifications to the calculation of EV Assistance Amounts or eligibility criteria. No EV Assistance will be provided after the effective date of termination. Any and all changes and/or amendments to the Terms will be binding on any Partner Drivers who wish to benefit from EV Assistance immediately.
Governing law; Dispute Resolution
Dispute Resolution Process. In the event of any dispute arising out of or in connection with these Terms, the parties agree in the first instance to discuss and consider referring the dispute to mediation in accordance with the Centre for Effective Dispute Resolution ("CEDR") Model Mediation Procedure (or such other procedure as may be agreed). If the other party do not agree to mediation, Uber may, in its sole discretion, refer the dispute to mediation at its own cost. Neither party may commence any court proceedings in relation to any dispute arising out of these Terms until (1) the parties have agreed in writing not to mediate or (2) at least 28 days has passed since written notice of the dispute is given by either party, provided that the right to issue proceedings is not prejudiced by a delay.
Governing Law and Jurisdiction. These Terms shall be exclusively governed by and construed in accordance with the laws of England and Wales, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Except as set forth above, each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction 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.