Legal/For Partners/

Sub-Partner Agreement

1. These Terms and Conditions (the “Terms”) apply as between Wheely London Limited (“WLL”) and you (“you” or the “Driver”) in relation to the provision of Services which are subject to the PHV Regulations.
2. Capitalised terms used but not defined in these Terms have the meanings given to them in the Partner Terms and Conditions available at: https://wheely.com/en/legal/uk/for-drivers/terms (the “Partner Terms”).
3. By installing the Driver App, you agree to be bound by these Terms. Please review these Terms carefully before you accept them.

“PHO” means a private hire operator’s licence issued in accordance with the PHV Regulations.

“PHV Regulations” means the Private Hire Vehicles (London) Act 1998, the Private Hire Vehicles (London) (Operators’ Licences) Regulations 2000, and any incidental or supplemental legislation, including any subsequent iterations of the same.

Where Services are subject to the PHV Regulations and are procured by WLL from a Driver (“Relevant Services”):

1. WLL provides the Relevant Services to the Client as principal in its capacity as the holder of a PHO;
2. the provision of such Relevant Services is subject to a separate contract between WLL and the Client, the terms of which are set out in the TSA;
3. you agree to provide the Relevant Services to WLL;
4. WLL will issue (in its own name) an invoice to the Client for the gross amount of the journey fare due in respect of the Relevant Services; and
5. WLL will deduct its commission (if any) and Wheely’s Commission from the charges it receives from the Client via Wheely before remitting the balance to you.

1. In respect of the Relevant Services, WLL (as customer of the Driver) agrees:
   1. to issue self-billed invoices for all Relevant Services supplied to it by the Driver until the date of expiry of the contract between WLL and the Driver;
   2. to complete self-billed invoices showing the Driver’s name, address and VAT registration number, together with all the other details which constitute a full VAT invoice (if the Driver is VAT registered);
   3. to make a new self-billing agreement in the event that its VAT registration number changes (if the Driver is VAT registered); and
   4. to inform the Driver if the issue of self-billed invoices will be outsourced to a third party.
2. The Driver (as supplier of the Relevant Services) agrees:
   1. to accept invoices raised by WLL on its behalf until the date of expiry of the contract between WLL and the Driver;
   2. not to raise sales invoices for the Relevant Services; and
   3. to notify WLL immediately if he or she:
      • changes their VAT registration number (if the Driver is VAT registered);
      • ceases to be VAT registered (if the Driver is VAT registered), or
      • sells their business or part of their business.

1. You warrant that you do not hold a PHO and you agree that if at any time whilst operating as a Driver in accordance with these Terms you obtain a PHO, you will notify WLL as soon as practicable and in any event within seven days of obtaining such PHO.
2. In the event that you obtain a PHO, these Terms will no longer apply to you.

1. Clauses 16, 17 and 18 of the Partner Terms are deemed to be incorporated herein as if they were set out in full below, save that:
   1. references to Wheely shall be construed as references to WLL;
   2. references to Service Provider shall be construed as references to Driver; and
   3. references to “these Terms” shall be construed as references to these Terms (and not the Partner Terms).