Driver and chauffeur services agreement template

Driver and Chauffeur Services Agreement

Parties: Client · Driver

1. Purpose

This agreement sets out the terms on which the Driver provides driving services to the Client, such as chauffeur service, transfers or deliveries, as an independent service provider.

2. Services

The Driver provides the following driving services: [[Describe the services, e.g. chauffeur service for the Client, airport transfers, scheduled trips, deliveries]]

Days, hours and start place: [[Days, hours and start place]]

Typical routes and passengers or goods: [[Routes, passengers or goods]]

Trips outside the fixed schedule are requested at least [[12]] hours ahead and are confirmed by the Driver.

3. Vehicle

The vehicle is [[the Client’s vehicle / the Driver’s own vehicle]], identified as [[Registration and description of the vehicle]]. The party that provides it keeps it roadworthy, serviced, clean, and registered and taxed as the law requires, and carries its documents. Fuel, tolls and parking are handled as follows: [[paid by the Client / paid first by the Driver and repaid by the Client at cost against receipts]] As between the parties, fines for traffic offences committed by the Driver are the Driver’s, and fines and charges that arise because the Client told the Driver to stop or park somewhere are the Client’s.

4. Licences and legal requirements

The Driver holds a valid driving licence for the type of vehicle used and any permit, registration, medical certificate or training that the law requires for the kind of transport provided, and keeps them valid for the whole term: [[none beyond the driving licence / details]] The Driver shows them on request and tells the Client at once if any is lost, suspended or limited. The Driver does not drive under the influence of alcohol or drugs or when too tired to drive safely.

5. Safe driving and passengers

The Driver obeys the traffic laws, uses seat belts and drives with care for passengers, goods and other road users. The Driver may refuse and stop a journey that would be unlawful or unsafe, for example because of speed, overloading, unsafe passenger behaviour or dangerous conditions, and tells the Client why. The Client makes sure that passengers wear seat belts, do not smoke, damage the vehicle or distract the Driver, and that goods are lawful and properly packed. Passengers and goods stay within the vehicle’s limits.

6. Independent status

The Driver provides the services as an independent service provider. The Driver decides how to perform them within the Client’s reasonable needs on timing and routes, is responsible for their own taxes, social contributions and insurance as the law requires, and may take other work, provided it does not prevent the agreed services. The Client gives no orders on how the Driver works beyond what the schedule, safety and the passengers’ needs require.

Nothing in this agreement takes away a right that the law gives the Driver. If the law treats the relationship as employment, that law applies, including on working hours and rest, and the parties adjust this agreement to it.

7. Hours, waiting time and substitutes

Driving, waiting and rest are planned so that the Driver stays within the driving and rest limits that the law sets for this kind of work, and the Driver takes the breaks that safe driving needs. Waiting time of up to [[15]] minutes is free; longer waiting is charged at the rate in the price schedule. If the Client changes or extends a trip, the Driver agrees where this can be done safely and within the legal limits, and the price schedule applies to the extra time and distance. The Driver may send a suitably licensed replacement if the Client agrees in advance, and remains responsible for the replacement.

8. Fees and expenses

The Client pays the Driver the fees shown in the price schedule of this contract, such as per hour, per day, per trip or per kilometre, on the payment terms stated in this contract. Waiting time, overtime, night or weekend trips and extra distance are charged at the rates in the price schedule. Expenses such as fuel, tolls, parking, meals and accommodation on longer trips are repaid at cost against receipts where they are the Client’s to bear: [[none / which expenses]] Where the law requires tax on the fees, it is added.

9. Insurance and accidents

The vehicle carries the insurance that the law requires, including cover for passengers, and, where the Driver uses their own vehicle, business or hire insurance if the insurer requires it for this use: [[Insurance cover required]] The Driver shows proof on request. After an accident the Driver stops, makes everyone safe, calls the emergency services if needed, gives the details the law requires, informs the Client and the insurer without delay and notes what happened. The parties cooperate with the insurers.

10. Cancellation and changes

If the Client cancels a booked trip with less than [[12]] hours’ notice, it pays [[a stated share of the trip fee]], and a trip cancelled on arrival is charged in full. The Driver cancels only for a good reason, such as illness or an unsafe vehicle or route, and tells the Client at once so that it can arrange another way to travel. Changes to the schedule are agreed in writing or in electronic form.

11. Confidentiality and privacy

The Driver keeps confidential what they see, hear or learn about the Client, its passengers, addresses, journeys and business, and does not share it or use it for another purpose. The Driver does not record passengers or share their location, except as the law requires and the Client has agreed. If the Client tracks the vehicle, it does so only for the services and as the law allows, and tells the Driver. These duties continue after the agreement ends.

12. Liability

Each party is liable for harm it causes, as the law provides. The Driver is liable for damage to the vehicle, if it is the Client’s, and to the Client’s property that the Driver causes through fault. The Driver does not promise to arrive at a particular time where traffic, weather or events beyond their control delay the journey. Except for intent, gross negligence, personal injury or where the law does not allow a limitation, each party’s liability for other loss is limited to [[Amount, e.g. the fees for the previous 3 months]].

13. Term and termination

This agreement starts on the effective date and runs for [[12]] months. Either party may end it with [[30]] days’ notice in writing or in electronic form, or at once if the other party seriously breaches it and does not remedy the breach within [[7]] days of being asked to, or if the Driver loses a licence or permit that the services need. When it ends, the Client pays for the services given and the Driver returns the Client’s keys, cards and documents.

14. Changes and notices

This contract, including its price schedule, is the entire agreement on the driving services. Changes are valid only if both parties agree to them in writing or in electronic form. Notices go to the addresses stated for the parties, or to another address a party has notified.

15. Governing law and disputes

This agreement is governed by the law stated under Governing law. The parties will first try to settle any dispute in good faith. Otherwise the courts stated under Jurisdiction decide, unless mandatory law provides otherwise.

Payment terms

The Driver invoices [[monthly in arrears / after each trip]], and the Client pays within [[14]] days of receiving the invoice, by bank transfer to the account stated on the invoice.

Governing law

[[Country or state whose law applies]]

Jurisdiction

[[Courts that decide disputes, e.g. the courts of your city]]