Service Level Agreement
1. Trip Delays
1.1 (a) Terms defined in the Service Level Agreement shall have the definitions given to them in the Operator Terms.
(b) For the purposes of this SLA:
(i) a “Trip” is a single journey undertaken to transport one or more Passengers from the agreed pick-up location to the agreed drop-off location; and
(ii) a “Trip Delay” means any delay to the scheduled commencement or completion of a Trip.
1.2 The parties acknowledge that situations may arise that are beyond the control of the Operator (including vehicle breakdown, unusual traffic jams and unforeseen weather events). However, RideTandem aims that we and our Operator partners provide Customers and Passengers with a world class service and expects the Operator to play a crucial role in this and to take sensible steps (for example, leaving early) to reduce the impact of situations of which the Operator is already aware of or could be reasonably expected to be aware of (for example, traffic jams which are common or predictable on the route). For the purposes of paragraph 1, “Trip Delay” does not include delays caused by vehicle breakdowns or accidents, which are addressed in paragraph 8 of this SLA.
1.3 In the event of any Trip Delays that exceed 5 minutes, or any other issues negatively affecting the provision of the Transport Services offered to Customers, the Operator will contact RideTandem’s 24-hour contact number (01933 812235) as soon as it is safe to do so and (other than in exceptional circumstances) always within 5 minutes of the issue becoming apparent.
1.4 If such contact is not made by the Operator and RideTandem itself is unable to contact the driver or the Operator within a further 5 minutes, RideTandem shall be entitled to withhold up to 100% of payment for the affected Trip, in the form of Service Credits as determined under paragraph 2 below, and reserves the right to:
(a) arrange alternative transport for the affected Passengers; and
(b) charge the Operator an amount equal to 100% of the costs of that alternative transport.
1.5 If contact is successfully made between the Operator and RideTandem, RideTandem will liaise with the Operator in order to understand the reason for the issue. In such case, the Operator shall at its own cost, without delay, arrange a replacement vehicle and advise RideTandem of the estimated time of arrival for such replacement vehicle. The Operator holds responsibility for ensuring that any information provided to RideTandem is accurate and to the best of their knowledge. RideTandem will communicate these details to the Customer and to the Passengers.
1.6 In the event that the originally provided estimated time of arrival provided by the Operator to RideTandem pursuant to paragraph 1.5 changes by more than 5 minutes, the Operator must contact RideTandem as soon as possible to provide the updated estimated time of arrival. If the original estimated time of arrival is extended by more than 20 minutes, RideTandem shall be entitled to withhold up to 100% of payment for the affected Trip, in the form of Service Credits as determined under paragraph 2 below, and reserves the right to:
(a) arrange alternative transport for the affected Passengers; and
(b) charge the Operator an amount equal to 100% of the costs of that alternative transport.
The remedies in this paragraph 1.6 shall not apply if the Operator can prove that the 20-minute extension was caused by events beyond its reasonable control and which could not have been avoided by the exercise of reasonable care.
1.7 If contact is successfully made between the Operator and RideTandem but the Operator cannot fulfil the Trip within a reasonable time frame, including through the use of alternative transport arrangements (assumed to be at most 45 minutes later than originally timetabled, unless as otherwise agreed in writing), RideTandem reserves the right to arrange alternative transport and charge the Operator an amount equal to 100% of the costs of that alternative transport. In addition, RideTandem shall be entitled to Service Credits as determined under paragraph 2 below.
1.8 In all circumstances in respect of Trip Delays which, in the reasonable opinion of the Customer (acting through RideTandem), negatively impact Customer satisfaction, RideTandem and the Operator will seek to mutually agree a suitable resolution after the relevant Trip Delay has been addressed in accordance with this SLA. This process is without prejudice to RideTandem’s right to exercise its rights under this SLA and the Operator Terms.
2. Service Credits
2.1 RideTandem will always exercise rights proportionately on behalf of its Customers in respect of adverse events, taking into account the steps taken by the Operator to minimise their impact upon Passengers and the relevant Customer. However, where a Trip Delay occurs that entitles RideTandem to exercise its rights as set out in this SLA, RideTandem will be entitled to deduct from amounts that are due in respect of the affected Trip, the percentage of the Trip Fee which is obtained from the table below.
2.2 For the purposes of measuring the length of a Trip Delay, no account will be taken of time which the Operator can show did not result from the Operator’s action (or failure to act). The table below refers to Trip Delays and “Trip Fees”. For the purposes of this SLA, the Trip fee is the pro rata daily fee calculated in relation to the number of Trips made that day (by way of worked example if the daily Trip Fee is £1,000 and involves 4 Trips, each Trip Fee shall be £250).
Trip Delay (mins) Service Credits (% of each Trip Fee)
60 100%
30 75%
15 50%
2.3 In addition to the rights set out in this SLA, RideTandem shall also be entitled to deduct an amount equal to 5% of all Charges due to the Operator in the applicable calendar month (or, at RideTandem’s option, to terminate this Agreement in accordance with section 14 of the Operator Terms) if in relation to more than 5% of Trips in a calendar month the Operator does not comply with the requirements in relation to use of RideTandem’s Platform and the Driver App, including the driver pressing ‘Start Journey’ on the Driver App 30 minutes prior to commencing each Trip and enabling RideTandem’s Platform access to location data for the full duration of each Trip (in each case, unless otherwise agreed in writing in advance with RideTandem).
3. Operator Obligations.
The Operator shall:
3.1 Provide 24/7 access to a member of staff who can be contacted by and provide support to RideTandem in case of any service failure or other issues affecting the provision of the Transport Services. The Operator shall ensure that such staff can respond promptly and take any necessary actions to support resolution of any such service failure.
3.2 Use all reasonable endeavours to ensure vehicles managed by it arrive at the first pick-up point at least 5 minutes prior to the designated departure time, and thereafter at each subsequent pick-up point not later than the time agreed in accordance with the relevant timetable. Vehicles must not depart any pick-up point before the scheduled departure time. If a vehicle departs early and any Passengers are left behind, RideTandem reserves the right to:
(a) arrange alternative transport for the affected Passengers; and
(b) charge the Operator an amount equal to 100% of the costs of that alternative transport.
3.3 Ensure a driver is allocated to each Trip on RideTandem’s Operator dashboard (operator.ridetandem.co) on the Platform at least three hours before that Trip is due to commence.
3.4 Ensure all drivers have access to an appropriate device to use the Driver App, that the Driver App has been installed and is up-to-date, and that the device has access to mobile connectivity at all times where there is available signal. The Operator is liable for any costs involved and incurred in supplying any appropriate device to its drivers and/or enabling its drivers’ access to the Driver App.
3.5 Train each driver to use the Driver App and ensure that each driver logs in to the Driver App once it is on its way to the first pickup location for each Trip, or at least 20 minutes prior to the planned departure time for each Trip (whichever is the sooner). Each Driver must press ‘Start Journey’ on the Driver App 30 minutes prior to the commencement of each Trip, and enable RideTandem’s Platform to access the Driver’s location data for the full duration of each Trip (in each case, unless otherwise agreed in writing in advance with RideTandem).
3.6 Ensure that each Passenger complies with the Ticket arrangements set out in the Operator Terms and Contract Particulars.
3.7 If the vehicle booked cannot be used, use all reasonable endeavours to provide a suitable alternative as quickly as possible, with at least the same number of seats, at the cost of the original vehicle and have at least the same level of insurance as the original vehicle. All vehicles (including any alternative vehicles) provided must be: suitable for the purposes of providing the Transport Service; roadworthy; and be appropriate for the prevailing weather conditions, geographic location, and Passenger comfort. The vehicle (including any alternative vehicle) should also be updated on RideTandem’s dashboard on the Platform as soon as possible. If the best way to ensure Passengers get to their destination on time is to send an alternative type of vehicle e.g. multiple taxis, the Operator must inform RideTandem’s Operations team of this immediately.
3.8 Where drivers are subject to enhanced DBS checks, ensure that any replacement drivers have undergone the same checks and the Operator must have proof of this prior to such replacement driver being assigned to or commencing a Trip (unless agreed in advance in writing with the Customer).
3.9 Inform RideTandem immediately if the Operator is no longer willing or able to supply Transport Services to RideTandem’s Customers with a notice period at least equal in length to the cancellation terms set out in the Contract Particulars.
4. Operator Compliance
4.1 Notwithstanding the specific requirements below, the Operator shall ensure that the Transport Services are in compliance with all applicable laws and regulations, including all applicable health and safety laws and regulations.
4.2 RideTandem may carry out six-monthly audit checks on all documents which the Operator must hold to operate legally and safely. Such documents include valid operator licence(s), public liability insurance, employer liability insurance, fleet insurance, OCRS, vehicle first use checks, fleet check rota documents and health and safety records.
4.3 RideTandem may carry out six-monthly audit checks of documents of the Operator’s drivers, including valid licence(s), CPC card and valid enhanced DBS documents if applicable. The Operator must notify RideTandem immediately if any of the previously mentioned licences have been revoked or varied.
4.4 If at any point the Operator is found to be in breach of any compliance or legal requirement (including any applicable health and safety laws), then such breach shall be deemed a material breach and RideTandem has the right to terminate the Agreement with immediate effect. This also applies if the Operator fails to inform RideTandem of any breach by it or issues in respect of its obligations as set out in paragraphs 4.3, 5 or 7 of this SLA, or section 9 of the Operator Terms, or any other issues which may arise which may materially jeopardise the operation of and provision of the Transport Services.
4.5 The Operator must promptly inform RideTandem regarding any issues which may arise that lead to enquiries from the Traffic Commissioner.
4.6 The Operator must provide a copy of their health and safety policy to RideTandem and/or any Customer on request.
4.7 In any instance where the allocated work in respect of any aspect of the Transport Services cannot be filled from within the Operator’s own fleet and/or drivers, RideTandem must be notified immediately and in any case, within 2 working days of the Operator becoming aware that the allocated work cannot be filled. The Operator shall not be permitted to appoint sub-contractors in the performance of the Operator’s obligations under this SLA and the Operator Terms. In such case, RideTandem reserves the right to:
(a) arrange alternative transport to perform the affected Transport Services; and
(b) charge the Operator an amount equal to 100% of the costs of that alternative transport.
5. Vehicle Compliance
The Operator shall ensure that:
5.1 All vehicles have operator licence disc present and have required insurance as set out in the Operator Terms.
5.2 All vehicles are inspected and roadworthy in line with their age and usage and as required by applicable laws and regulations.
5.3 All vehicles must use any RideTandem or Customer branding or signage as provided and as agreed with RideTandem.
5.4 All required first aid equipment and fire extinguishers are available on the vehicles, and that all such equipment and fire extinguishers comply with health & safety regulations.
5.5 Maintenance logs relating to all vehicles used for the purposes of providing the Transport Services are maintained and kept up-to-date, such records to be made available to RideTandem promptly on RideTandem’s request in the event of an audit.
6. Commitment to provide accurate and timely allocation:
6.1 The Operator shall provide vehicle and driver allocations for each Trip at least 3 hours prior to the time the Trip is due to commence, and ensure that such allocations and the commencement time of each Trip are correct.
6.2 Where any allocations set out in paragraph 6.1 are to be replaced or updated, such alterations shall be made directly on RideTandem’s dashboard on the Platform. Where a Trip has commenced and such allocation cannot be updated on the dashboard, the Operator shall immediately notify RideTandem using the RideTandem 24-hour contact number (01933 812235). In any instance where such allocation alteration is not made to the dashboard up to 60 minutes before the scheduled departure time, or (if the Trip has already commenced) notified immediately to RideTandem by telephone, the affected Transport Services will be subject to the Service Credits detailed in paragraph 2 above.
7. Driver Compliance
7.1 The Operator must ensure that all of its drivers (including any replacement drivers) have valid CPC documents.
7.2 The Operator shall be responsible for ensuring that all of its drivers (including any replacement drivers) have received the relevant training on the RideTandem service route and Driver App. In extreme circumstances where drivers must be allocated at short notice and no trained drivers are available, the Operator must agree any such allocations in advance with the RideTandem customer service team.
7.3 It is the Operator’s responsibility to ensure all drivers comply with all laws and regulations applicable to the drivers. If, after agreeing to carry out a Trip arranged through RideTandem, the Trip time will be impacted by a driver break, such impact shall constitute a Trip Delay and the provisions of paragraph 1 and the applicable Service Credits under paragraph 2 shall apply. In such case, RideTandem will amend the Trip schedule and inform all Passengers of the intended break in Trip.
8 Breakdown / Accident
8.1 The Operator must ensure the Passengers, Customer and RideTandem are adequately protected in the event of a vehicle breakdown or accident, including by maintaining appropriate insurance coverage.
8.2 In the event of a breakdown or accident, the Operator must inform RideTandem on the RideTandem 24-hour contact number (01933 812235) of the incident happening as soon as it is safe to do so. The Operator must provide to RideTandem regular and timely updates on the situation.
8.3 In the event of a breakdown or accident, the Operator must, wherever possible, provide a replacement vehicle within 45 minutes of the incident taking place (if there are no injuries) to continue the Trip with minimal disruption to the Passengers and/or Customer. The Operator must provide to RideTandem details of any replacement vehicle. All replacement vehicles must comply with the requirements set out in paragraph 3.7 and replacement drivers must comply with the requirements set out in paragraph 3.8. In the event where it is not possible to provide a replacement vehicle within this timeframe, then the Operator must organise taxis for all of the Passengers to complete the Trip. It is the Operator’s responsibility to cover the cost of such replacement vehicle and/or taxis.
8.4 Where the breakdown or accident involves injuries, the process in paragraph 8.3 shall not apply. In such cases, the Operator must prioritise the safety of Passengers and injured persons and liaise with RideTandem in accordance with paragraph 8.2 to agree on replacement vehicles or transport options for the Passengers. This may include transporting the Passengers to their home or another safe location, in place of completing the originally planned Trip. Where this paragraph 8.4 applies, RideTandem may, at its sole discretion and where necessary, arrange replacement transport, and charge the Operator an amount equal to 100% of the costs of that replacement transport.
8.5 Without prejudice to RideTandem’s rights under paragraphs 8.3 and 8.4 (as applicable), the Operator shall waive payment for the affected Trip(s) in full. Where the affected Trip forms part of a return journey booked as a separate Trip, the Operator shall also waive payment for the corresponding return Trip(s).
9. Performance
9.1 Without prejudice to RideTandem’s right to exercise its rights under this SLA and the Operator Terms, in the event of two or more incidents occurring within a 3-month period that affect the provision of the Transport Services, which, in the reasonable opinion of the Customer (acting through RideTandem), negatively impact Customer satisfaction, RideTandem and the Operator will seek to mutually agree a suitable resolution with in line with the above SLA. This will be achieved through a phone call or meeting between RideTandem and the Operator during which:
- The alleged breach(es) will be discussed in the context of data and evidence provided by both parties
- SLA penalties per paragraph 2 will be discussed and agreed upon
- Both parties will agree on next steps and deadlines for these to be completed by
- Both parties will agree on a reasonable timeframe for implementation of improvements.
9.2 If, in RideTandem’s opinion, the Operator has failed to adequately improve its performance in the timeframe agreed under paragraph 9.1, then RideTandem may give a written warning notice to the Operator setting out:
- Details of the SLA breach, with any associated data and evidence including dates and times of recorded events
- Details of the impacts of the breach
- Mutually agreed next steps and timeframe for both parties to complete the agreed steps.
9.3 If the Operator fails to adequately address the issues within the timeframe agreed under paragraph 9.2, RideTandem may, at its sole discretion, choose to either:
- issue a final warning, in writing, setting out:
- A reminder of the details of the (continued) SLA breach, with any associated data and evidence including dates and times of recorded events
- A reminder of the impacts of the breach
- The date by which such matters must be rectified,
or,
(b) acting for the Customer, terminate the Agreement with immediate effect by providing written notice to the Operator. Upon such termination, neither RideTandem nor the Customer shall be liable to make any payment in respect of any booked Trips that have not yet commenced.
9.4 For the purposes of section 14.1(a) of the Operator Terms, the written warning notice given under paragraph 9.2 or 9.3 (as applicable) shall constitute written notice of a material breach. If the Operator fails to adequately address and rectify the matter or matters set out in the warning issued under paragraph 9.2 and 9.3 (as applicable) within the timeframes specified in that notification, RideTandem may (acting for the Customer) terminate the Agreement with immediate effect by providing written notice to the Operator. Upon such termination, neither RideTandem nor the Customer shall be liable to make any payment in respect of any Trips that have not yet commenced.