Agreement between C-Mac Partnership and Operator

‘C- Mac’ / ‘C-Mac Partnership’ incorporates all companies and/or organisations trading under this parent company including Coach Hire Booking, Delay Divert Solutions, Flight Delay Services, Business Continuity Transport and Travel Management Solutions.

‘Operator’ refers to you being the company that will supply transport for us in accordance with this agreement.

This agreement sets out the requirements C-Mac expects from the Operator.

This agreement does not guarantee any fixed work for the Operator. C-Mac can only offer the Operator work when it becomes available to C-Mac.

 

Operator Responsibilities

  • The Operator shall provide the service as set out in Schedule 1 of this agreement.
  • The Operator is required to provide the service to C-Mac in a reliable, professional way.
  • The Operator agrees to work within the specifications set out in Schedule 1.
  • The Operator agrees to follow the procedures set out in Schedule 1.
     

Operator Warranties

The Operator guarantees and warrants to C-Mac that;

  • It is entering into this agreement to provide the services as set out in Schedule 1
  • It will perform all services with reasonable care and skill in accordance with Good Industry Practice
  • The services will conform to the specification
  • The services will be provided in accordance with all Laws, and the Operator will inform C-Mac as soon as it becomes aware of any changes in Law.
  • The services shall all be performed by appropriate, qualified, trained personnel with all due care, skill and diligence, in accordance with the law and Good Industry Practice.
  • It shall ensure all vehicles to carry out the services are in suitable condition
  • The Operator must promptly notify C-Mac if its circumstances change.
     

Health and Safety

The Operator shall provide the services in accordance with all Laws, including but not limited to, relevant health, safety and environmental legislation, regulations, local authority bylaws and industry codes of practice.

C-Mac may require that the Operator removes any personnel in relation to the services required by C-Mac if;

  • The person has failed to comply with such rules and regulations as referred to above.
  • The person has been guilty of any misconduct or been negligent or incompetent or;
  • C-Mac has reason to believe the person is under the influence of alcohol or drugs other than drugs supplied by medical practitioner.

The Operator shall;

  • Ensure all necessary licences and insurance is valid and ensure C-Mac have copies of these licences as set out in Schedule 1.
  • Observe all health and safety rules and regulations and all security requirements
  • Be responsible for the suitability and safety of vehicles, any vehicle or safety equipment which is unsuitable or unreliable must not be used.
  • Ensure all legal driving hours are adhered to and without any un-planned disruption to C-Mac or its customer(s)
  • Comply with all statements of codes of practice that may be transferred from C-Mac to the Operator from time to time.
     

Liability

This clause sets out the liability of the parties.

Nothing in this agreement shall exclude parties’ liability or limit liability for;

  • Death or personal injury caused by its own negligence (or negligence of its employees)
  • Fraud or fraudulent misrepresentation
  • Any other matter for which it would be unlawful for either party to exclude or limit, or attempt to exclude or limit, its liability.

The Operator shall be liable for and hold C-Mac harmless from all claims and all direct, indirect losses including costs, proceedings, damages and expenses awarded against C-Mac as a result from the following from the Operator;

  • As a consequence of a failure or delay in the services
  • Any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement
  • Any breach of the Operators obligations
  • Any failure to comply with its obligations set out within the Health and Safety.
  • C-Mac’s total liability to the Operator arising from any legal theory shall not exceed the amount of charges paid for the services.

C-Mac partnership shall not be liable to the Operator in any way for:

  • Loss of profits
  • Loss of sales or business
  • Depletion of goodwill
  • Loss of data or information
  • Any indirect or consequential loss
     

Insurance

Under all governing legislation (including Public Passenger Vehicles Act 1981) the Operator must have the following insurance policies:

  • Public Liability Insurance of a suitable amount for the services we require
  • Employer’s liability insurance of a suitable amount for the services we require
  • Motor/Fleet insurance of a suitable amount for the vehicle we require.

The Operator must supply C-Mac with copies of these insurance policies.

C-Mac will not use the Operator’s Services if C-Mac do not have copies of these insurance policies and are not satisfied with the insurance.

 

Intellectual Property

Where required and solely for the purpose of the performance of the Operators obligations under this agreement, C-Mac grants the Operator a royalty-free, revocable, non-exclusive, non-transferable licence in the UK only to use C-Mac’s trademarks and materials as strictly set out by C-Mac.

Materials can include;

  • Posters;
  • Banners;
  • Leaflets;
  • Or any other document/material which includes any C-Mac trademarks

C-Mac have the right to revoke this consent at any time.

In the event C-Mac revoke this right all materials featuring any C-Mac trademarks whatsoever must be completely destroyed.

 

Confidentiality and Data Protection

Each party confirms it shall not at any time, during or after this agreement, disclose confidential information to any person and shall keep such confidential information secret, secure and confidential.

Each party may disclose confidential information if it is required by a Court of law.

Confidential Information does not include;

  • Information generally accessible to and publically known prior to the agreement.
  • Was already known to the other party, unless restricted as to use or disclosure.
  • Is acquired by a third party who is lawfully in possession of such information in good faith and without an obligation of confidence being owed by that third party.

The Operator shall not use C-Mac’s confidential information for any other purpose other than to perform its obligations.

Parties shall only share personal data between themselves in order to complete the services required in the agreement.

Specific employee details will be required by C-Mac partnership and the Operator must supply these (in accordance with legislation) in order to complete the services.

No personal data shall be passed onto a third party without explicit authorisation from the party involved.

 

Record Keeping and Audit

The Operator must keep at the main place of business, full, accurate and up to date record books of accounts showing all payments made in connection to this agreement.

C-Mac is entitled to request to see any of these records in connection with the services of this agreement.

 

Force Majeure

An Affected party will not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of their obligations if an event outside of their control such as, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, or any other event that prevents them from fulfilling their obligations.

The affected party shall;

  • As soon as reasonably practicable after the start of the Force Majeure Event, but no later than 4 days from its start, notify C-Mac in writing of the full details of the event and the effect of that on the performance of their services.
  • Endeavour to mitigate the effect of the Force Majeure Event on the performance of its obligations.
     

Sub-Contracting

The Operator shall not be entitled to sub-contract any of the Operators obligations under this agreement except with the prior written consent by C-Mac Partnership.

The appointment of such sub-contractor will be the responsibility of the Operator.

 

Supplier Portal

In order to work with us you will need to be registered on our Partner Portal.

 

Registration

The web address for the portal is:  http://partners.coachhirebooking.co.uk/

You will need to use an email address for your username and create a password that you can remember.

If you have already been registered using the same email an error message will show and you will need to get a password reminder.

If you have completed any work for C-Mac previously, please speak with the supplier relations team (01254 355131) in order for your company profile to remain intact and not become a duplication

In order to get a password reminder, from the home screen [http://partners.coachhirebooking.co.uk/] click on the bold ‘here’ button, select forgotten password, fill in your email address and a new password will be sent to you.

 

Details

You are required to ensure your portal is up to date with all contact details and information.

You are required to regularly maintain your portal including vehicle information.

You are required to regularly update the portal with your availability.

If you are unsure how to do this please refer to the manual or contact us.

 

Compliance Documents

In compliance with Section 12 Public Passenger Vehicles Act 1981 ‘A public service vehicle shall not be used on a road for carrying passengers for hire or reward except under a PSV operator’s licence.’

The operator is required by law to hold a valid Operator’s Licence, Liability Insurance and Fleet Insurance for their vehicles.

It is the operators’ responsibility to upload their compliance documents on to their profile within the partner portal.

It is the operators’ responsibility to ensure expired documents are replaced and valid, in date copies are always displayed on the partner portal.

Without these documents we are unable to work with you.

If a licence gets revoked or there are changes to a licence it is the operator’s responsibility to inform C-Mac Partnership at the very earliest.

Acceptable ways of informing C-Mac is by E-mail or Telephone. The Operator must ensure C-Mac is fully informed.

 

Service Feedbacks

In the event of a complaint the operator must cooperate fully with all investigations and questioning by C-Mac partnership.

The operator must be willing to show C-Mac any damage made to the vehicles and allow communication to any employees and witnesses.

The operator must work with C-Mac to ensure the complaint is resolved quickly and efficiently.

If the operator is verbally informed of a complaint from a C-Mac customer the operator must inform C-Mac at the earliest possible time.

 

Cancellation

Any cancellation charges must be agreed verbally, and in writing, at the time of cancellation.

Cancellation charges agreed must be done so prior to invoicing. Any subsequent invoices received that have not been correctly agreed as above, will not be paid

 

Waiting time

Waiting time charges must be agreed at the time of tracking, or within 24 ‘working’ hours of the completion of the booking.

Waiting time charges received on invoices that have not been pre-agreed, will not be paid

 

Price confirming

Where agreed rates are not in place, prices should be agreed prior to acceptance of a booking.

When prices are agreed prior to acceptance C-Mac will allow two working days after job completion for the supplier to communicate any events that differed from the original acceptance.

Upon acceptance of emergency work where our rates will be confirmed.

Where the final price of emergency work will be based upon an unknown variable, for example distance covered or number of hours worked; C-Mac will contact the supplier within 3 working days of completion to agree the final price.

 

Booking Process

C-Mac will communicate with the Operator to see if the Operator has availability for a specific job.

C-Mac will obtain a quote from the Operator and will confirm whether or not they would like to book the Operator for the job.

In the case of a booking C-Mac will send a confirmation over to the Operator.

The Operator is required to make themselves familiar with the details of the booking to ensure they will be arriving on time.

The Operator will have to sign and return the confirmation.

In the event a confirmation is not signed and returned C-Mac will be entitled to find another Operator to cover the job.

The Operator will be given a job number which they should make note of and quote when communicating with C-Mac.

Private hire payment terms, set out within the Payment Terms section, must be agreed upon acceptance of the booking.

 

Expectations of Operator

Provide driver details

On the completion of a booking the Operator is required to provide C-Mac with the driver and vehicle details.

These details include name, contact number and vehicle registration number.

If these details change at any time it is important the Operator informs C-Mac as soon as possible.

Driver Requirements

The driver must be suitably qualified and experienced and should at all times hold a PCV Licence.

The driver is expected to be professional, polite and cooperative towards customers/passengers at all times.

Where the job has been pre-planned with the operator the driver is expected to wear a uniform or dress smartly in shirt, trousers and suitable footwear (e.g. trainers and sandals are not acceptable.)

In the case of emergency work (last minute booking) the driver should wear reasonable clothing and should not wear any clothing that may be found to be offensive.

The driver shall not use a mobile phone whilst driving.

Where communication is required the driver must comply with all legislation governing the subject.

When necessary the driver should use a suitable Bluetooth device and should only make or receive calls when absolutely necessary.

When on duty the driver should not drink alcohol at all. When off duty the driver may drink in moderation and in no way that would make them over the blood alcohol legal limits when they are back on duty.

Smoking is not permitted whilst driving or in the presence of customers.

The driver is responsible for knowing the route they need to take, including having any maps or navigational equipment that they may need.

The driver shall not alter or amend the itinerary without the consent from C-Mac.

The driver must comply with all speed limits and abide by all laws of the road.

 

Confirmations

The Operator will receive a confirmation setting out all the details of the job.

If the Operator has any concerns over the times or any other aspect of the job they must contact C-Mac as soon as possible.

The Operator must sign the confirmation to confirm they have read and agreed to all the details and terms and conditions attached.

Without a signed and returned confirmation C-Mac are entitled to use an alternative Operator.

 

Expectations of C-Mac Partnership

C-Mac Partnership must inform the Operator of any changes to any booking as soon as possible.

C-Mac Partnership must ensure they have sent and received confirmation which ensures all details are correct.

C-Mac Partnership must ensure the price is agreed by all and is clear on the confirmation.

 

Billing

Invoice Format

All invoices must include our name and address, C-Mac Partnership, Suite 12, The Globe Centre, St James Square, Accrington, BB5 0RE.

All invoices must include your company name and address.

All invoices must be sent to C-Mac Accounts (accounts@coachhirebooking.co.uk).

All invoices must have the date of invoicing.

All invoices MUST display our unique job reference number, service/journey details, service/journey date, and the agreed service/journey price.

All invoices MUST have the bank details for the Operator.

All invoices MUST have your VAT number and VAT amount if applicable, and total amount owed.

 

Payment Terms

C-Mac work on a 30 day payment term unless agreed in writing by a C-Mac Manager.

For private hire jobs C-Mac pays invoices upon receipt, payment will be effected in the supplier’s bank account within 7 working days.

 

Invoice Queries

In the event an invoice has a query this must be brought to the attention of the Operator or C-Mac as early as possible.

Invoices will not be paid until any queries have been resolved.

C-Mac cannot make amendments to operator invoices. Credit notes or a new invoice must be received