Uber UK – Clean Air Plan – Terms and Conditions
Since its launch on 16 January 2019 Uber’s Clean Air Plan has been an initiative to help improve air quality in London through a number of measures (the “Clean Air Plan”) including encouraging the use of fully electric vehicles (“EVs”) on the Uber platform by providing qualifying Drivers with financial assistance towards their purchase or rental of a new EV (“EV Assistance”). The Clean Air Plan has now been revised as set out in the terms and conditions below and will be operated by Uber B.V. (“Uber”).
These revised terms and conditions (the “Terms”) (effective from 23.59 on 14 March 2022 (the “Effective Date”)), 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 and replace the previous terms and conditions.
Defined Terms
“Active” means that the relevant Driver is permitted by Uber to access and use the Uber Driver App and has fulfilled Rides for Uber 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 Driver Clean Air Plan website at https://www.uber.com/gb/en/u/drive-journey-to-electric/.
“Approved Dealer Agreement” shall have the meaning given to it in “The Payout Process” section.
“Clean Air Fee” means the per mile amount that was recommended to be part of the fare charged to Riders for Rides provided in London during the Initial Term.
“Driver” means an independent worker who is an individual and who fulfils Rides from time to time on request of Uber, in order for Uber to fulfil Bookings from Riders. A Driver is under no obligation to accept a Ride offered and is free to ignore or reject it through the Uber Driver App (but excludes any Fleet Driver).
“Eligible EV” means any fully electric vehicle listed at t.uber.com/vehiclelist.
“Fleet Driver” means a driver fulfilling Rides for Uber for or on behalf of a Fleet Partner pursuant to a contractual or employment relationship between that Fleet Driver and the relevant Fleet Partner.
“Fleet Partner” means an independent business in the business of fulfilling Rides for Uber in London, where such Rides are delivered through Fleet Drivers.
“Initial Term” means the period between 16 January 2019 and the Effective Date.
“Purchase” means an Approved Dealer Agreement between a Driver and an Approved Dealer for the Driver to purchase an Eligible EV from an Approved Dealer, where the Driver will under such Approved Dealer 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 an Approved Dealer Agreement between a Driver and an Approved Dealer under which the Driver rents an Eligible EV from the Approved Dealer (and under which agreement the Driver will not acquire ownership of the Eligible EV).
“Services Agreement” means the services agreement between a Driver and Uber UK, or, where applicable, a Fleet Partner and Uber UK.
“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 Drivers via the Uber Driver App or email.
“Uber UK” means each of Uber Britannia Limited, Uber London Limited, Uber NIR Limited, or Uber Scotland Limited, as appropriate.
Any capitalised terms used in the Terms that are not defined herein shall bear the meanings given to them in the relevant Services Agreement.
General
All Drivers who fulfilled Rides for Uber in London during the Initial Term could in principle be eligible for EV Assistance, regardless of the date on which they became Drivers.
The EV Assistance Amount
Provided the Driver has not previously received any EV Assistance in relation to a Purchase, Uber intends to calculate for each Driver a notional “EV Assistance Amount”. Uber intends that, subject to the other provisions of these Terms, the notional EV Assistance Amount for a Driver will be at least equal to the value of all service fees charged to that Driver (and not refunded) during the Initial Term by reference to that Driver’s recommended Clean Air Fees at a time when that Driver was Active and was not using a vehicle that is an Eligible EV when fulfilling Rides for Uber. 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 Driver’s EV Assistance Amount to that Driver via the Uber Driver App or email updates from time to time.
If a Driver ceased to be Active during the Initial Term, the amount of that Driver’s EV Assistance Amount will have been reduced to zero at such point, but without prejudice to further amounts being added to a Driver’s notional EV Assistance Amount if they became Active again during the Initial Term and, for the purposes of the preceding paragraph, the reference to the service fees shall be to those charged (and not refunded) during the last unbroken Active period during the Initial Term.
For the avoidance of doubt, the EV Assistance Amount is a purely notional amount and no Driver shall have any entitlement to, or beneficial interest in, any amounts in the notional EV Assistance Amount allocated to them save in the limited circumstance as explicitly set out in The Pay-Out Process section below. Uber shall be entitled to use any service fees it received during the Initial Term 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 - Option 1
In order to be eligible (“Eligible”) to make an Application for EV Assistance through Option 1:
- The Driver must have fulfilled Rides for Uber on at least 150 separate occasions in the 8 week period immediately prior to the day on which the Driver requests EV Assistance (the “Minimum Trips Condition”).
- The Driver’s allocated notional EV Assistance Amount must be at least £100 at the point of requesting EV Assistance, unless the Driver has previously been paid EV Assistance in relation to a Rental, in which case there is no minimum.
- The Driver must be permitted by Uber to access and use the Uber Driver App at the time that the Driver makes their Application for EV Assistance.
- The Driver must not have previously received any EV Assistance in relation to a Purchase.
Eligibility for pay-out of EV Assistance - Option 2
In order to be eligible (“Eligible”) to make an Application for EV Assistance through Option 2:
- The Driver must have fulfilled Rides for Uber on at least 150 separate occasions in the 8 week period prior to each monthly payment (the “Minimum Trips Condition”).
- If making an application for monthly partial payouts based on being in a rent-to-buy or rental contract for an EV, the fulfilment of Rides for Uber on at least 150 separate occasions in the 8 week period prior to each monthly payment must have been taken in the EV against which they are making the request for EV Assistance payment.
- If making an application for a one-time full payout based on ownership of the EV, the fulfilment of Rides for Uber on at least 150 separate occasions in the 8 week period prior to each monthly payment can be in any vehicle on the Uber platform.
- The Driver’s allocated notional EV Assistance Amount must be at least £100 at the point of requesting EV Assistance.
- The Driver must be permitted by Uber to access and use the Uber Driver App at the time that the Driver makes their Application for EV Assistance.
- The Driver must not have previously received any EV Assistance in relation to a Purchase.
The Pay-Out Process
If a Driver is Eligible, they may submit a Purchase or Rental request (as appropriate) to an Approved Dealer (“Option 1”) or they may submit an alternative EV Assistance payment request for monthly payments in consideration of them actively driving an EV in their fulfilment of Rides for Uber (“Option 2”) (both such requests being an “Application”, which shall refer to a request in relation to Option 1, or Option 2, depending on the context).
Option 1
Following the Approved Dealer’s receipt of the Driver’s Application, it will then request approval of that Driver’s Application from Uber, confirming with Uber (i) that the Driver is Eligible, (ii) the amount of EV Assistance available to the Driver, and (iii) the amount of EV Assistance requested by the Driver. Following Uber’s confirmation of these points to the Approved Dealer, the Driver and the Approved Dealer may enter into an agreement for the Purchase or Rental of an Eligible EV (“Approved Dealer Agreement”). By submitting their Application, the relevant Driver accepts these Terms (as applicable at the date of such Application), which shall operate in addition to the terms contained in the Services Agreement between Uber UK and the 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 Driver’s notionally allocated EV Assistance Amount at the time of the request. Once EV Assistance is approved in relation to a Purchase, the Driver may not request EV Assistance again.
- If the EV Assistance is requested in relation to a Rental, the amount of the EV Assistance shall vary depending on the length of the Rental and shall be subject to a maximum amount of no more than the EV Assistance Amount. The Driver’s notionally allocated EV Assistance Amount is subject to a minimum of £100 for their first request (with there being no minimum after their first pay-out of EV Assistance). This EV Assistance Amount will be reduced by the amount of any EV Assistance paid. The 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 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 Approved Dealer of its approval of the Driver’s Application, a Driver may proceed to agree the Purchase or Rental with the relevant Approved Dealer.
By making an Application to the Approved Dealer, the Driver agrees that it irrevocably directs Uber to pay the EV Assistance to which the Driver becomes entitled (which entitlement shall only arise if and when (a) Uber agrees in its absolute discretion to accept the Application and therefore to pay the EV Assistance in question, and (b) that Driver remains permitted by Uber to access and use the Uber Driver App) directly to the relevant Approved Dealer when requested to do so by such Approved Dealer in satisfaction of the Driver’s obligation pay such amount of the cost of the Purchase or Rental, but only once the Driver has entered into the relevant Approved Dealer Agreement with the Approved Dealer.
Uber retains complete discretion as to whether to pay EV Assistance directly to an Approved Dealer for a particular Driver in connection with that Driver's Purchase or Rental.
Option 2:
Driver provides Uber with their full name, registration number of the vehicle that is an Eligible EV and Uber registered email address (“Application Details”). By submitting their Application, the relevant Driver accepts these Terms (as applicable at the date of such Application), which shall operate in addition to the terms contained in the Services Agreement between Uber UK and the Driver (and any addenda thereto).
Uber will then verify (i) that the Driver is Eligible, (ii) the amount of EV Assistance available to the Driver, (iii) the amount of EV Assistance requested by the Driver, and (iv) the Application Details. Subject to Uber successfully verifying such information to its sole satisfaction, Uber agrees in its absolute discretion to accept the Application and therefore to pay the EV Assistance in question. This payment will be made by Uber to the Driver’s bank account that is associated with that Driver’s Uber account.
- If the EV Assistance is requested in relation to a one-time full payment, or an ongoing monthly payment for actively driving an EV on the Uber platform/app, the amount of the EV Assistance shall vary depending on the length of past driving activity and shall be subject to a maximum amount of no more than the EV Assistance Amount. The Driver’s notionally allocated EV Assistance Amount is subject to EV ownership status and can either be the full amount of the Driver’s notionally allocated EV Assistance Amount at the time of the request, or a maximum of £300 per calendar month (with there being no minimum after their first pay-out of EV Assistance). This EV Assistance Amount will be reduced by the amount of any EV Assistance paid. The Driver only needs to request ongoing monthly payments once. A Driver may request EV Assistance in relation to a Purchase or Rental (Option 1) even if they have previously requested EV Assistance in relation to an ongoing monthly payment for actively driving an EV on the Uber platform/app request (Option 2).
Nothing in these Terms confers on the Drivers any legal or beneficial entitlement to EV Assistance until the point Uber agrees to pay the EV Assistance being submitted, provided always that the Driver remains permitted by Uber to access and use the Uber Driver App. Uber retains complete discretion as to whether to provide Option 1 or Option 2 and may suspend or terminate such provision at any time.
Fleet Partners
The rest of these Terms will apply to Fleet Partners as if: (i) the Fleet Partner was a Driver; and (ii) every trip completed by a Fleet Driver for or on behalf of the Fleet Partner was completed by the Fleet Partner themselves, but subject to the following:
- For the first Application for EV Assistance for a Purchase or Rental, the Fleet Partner must have at least one Fleet Driver who satisfies the Minimum Trips Condition on an individual basis at the time of the Application (and at the time of each subsequent pay-out Application 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 Drivers who separately satisfy the Minimum Trips Condition on an individual basis at the time of the Application (and at the time of each subsequent pay-out Application in relation to the same Rental), and so on.
- A Fleet Partner may not request less than £100 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 Application for EV Assistance in respect of a Purchase and need not request assistance in respect of the full amount of the relevant allocated EV Assistance Amount.
Where an individual is acting as a Fleet Driver, any Rides such individual was involved in fulfilling for Uber UK during the Initial Term will not result in any EV Assistance Amount arising in respect of that individual (only the Fleet Partner) and nor will any such Rides be taken into account in determining whether that Driver (as opposed to the Fleet Partner) is Active or meets the Minimum Trips Condition. No EV Assistance Amount notionally allocated to 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 received during the Initial Term by reference to recommended Clean Air Fees charged at a time when a Driver is Active and is not using a vehicle that is an Eligible EV when fulfilling Rides for Uber, 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.
Miscellaneous Terms
These Terms are not an employment agreement, and do not create an employment relationship between a Driver and Uber or its Affiliates. Drivers are engaged as workers. Drivers are engaged by Uber to fulfil Rides from time to time on request of Uber, in order for Uber to fulfil Bookings from Riders. Drivers are under no obligation to accept a Ride offered and are free to ignore or reject it through the Uber Driver App. These Terms do not create a legal partnership, joint venture or give Drivers the authority to bind Uber or its Affiliates or hold themselves out as an employee, agent, legal partner or authorised representative. There is no collective agreement which directly affects the terms and conditions of a Driver’s engagement as a worker.
Drivers will comply with applicable law regarding their tax registration, calculation and remittance obligations in connection with any EV Assistance, and provide us on request with all relevant tax information (including any valid VAT numbers belonging to you if the law in your region requires it). Subject to applicable tax or regulatory considerations, we may choose in our reasonable discretion to collect and remit taxes applicable in connection with EV Assistance, and may provide any of the relevant tax information you have given us directly to the applicable tax authorities on your behalf or otherwise. Uber may make appropriate deductions for tax (as determined by Uber) from payments made under these Terms. For the purpose of this section, references to “tax” include VAT, PAYE, income tax withholding, social security contributions, apprenticeship levy, health and social care levy and any other taxes that might apply.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the remainder of these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable (part of the) provision with a (part of a) provision that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable (part of the) provision, given the contents and purpose of these Terms.
Drivers may not assign or transfer these Terms or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of Uber. Uber may assign, novate, or subcontract any or all of its rights and obligations under these Terms from time to time without consent.
These Terms constitute the entire agreement and understanding of the parties with respect to the Clean Air Plan and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to”.
Save where these Terms expressly confers rights on Uber Affiliates in the United Kingdom, the parties acknowledge that there are no third party beneficiaries to these Terms. Nothing contained in these Terms is intended to or shall be interpreted to create any third party beneficiary claims.
Any notice delivered by Uber to Driver under these Terms will be delivered by email to the email address associated with Driver’s account or by posting on the online portal available to the Driver on the Uber Driver App. Any notice delivered by Driver to Uber under these Terms will be delivered by contacting Uber via the ‘Help’ section in the Driver App or by visiting help.uber.com.
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 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 immediately binding on any Drivers who wish to benefit from EV Assistance.
Governing Law; Arbitration
Dispute Resolution Process.
If any dispute arises in connection with these Terms, unless they agree otherwise in writing, the parties agree to enter into good faith mediation to settle such a dispute in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure. To initiate the mediation a party must give notice in writing (“ADR notice”) to the other party to the dispute, referring the dispute to mediation. The mediator will be nominated by CEDR unless otherwise agreed between the parties within 14 days of notice of the ADR notice. Unless otherwise agreed, the mediation will start not later than 28 days after the date of the ADR notice. No party may commence any court proceedings in relation to any dispute arising out of these Terms until (1) it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, or (2) the parties have agreed in writing not to mediate, provided that the right to issue proceedings is not prejudiced by a delay. Unless otherwise agreed in writing, each party shall bear their own costs of the mediation (which shall include the mediator’s fee).
Governing Law and Jurisdiction.
Except as otherwise set forth above, 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. Except as set forth in the “Dispute Resolution Process” paragraph, 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.