Terms and conditions

In these Terms and Conditions, the following definitions apply:

Vayacare Limited, a company registered in England and Wales (company number 14821993), whose registered office is at 12 Westmoreland Road, Bromley, BR2 0TQ.

The local authority, school, or other organisation that has entered into a Service Agreement with Vayacare for the provision of transport services.

The passenger transport services described in the relevant Service Agreement, including home-to-school, social care, and contact-centre journeys.

Any person aged under 25 who is the subject of an Education, Health and Care Plan (EHCP) or is otherwise transported by Vayacare under a local authority commissioning arrangement.

The Vayacare digital management platform, including the operations dashboard, parent app, driver app, and local authority portal.

Vayacare will provide the Services as set out in the Service Agreement. Any variation to the scope of Services must be agreed in writing between the parties.

Vayacare may engage subcontractors to deliver elements of the Service, provided that all subcontractors are on our Approved Supply List and meet the compliance requirements set out in Schedule 1 of the Service Agreement. Vayacare remains responsible for the performance of any subcontracted services.

Where a driver or vehicle is unavailable at short notice, Vayacare will use reasonable endeavours to source alternative cover. Emergency cover is provided under these Terms on the same basis as the primary Service.

The Client shall provide Vayacare with accurate and up-to-date information about each child, including the child's communication passport, medical requirements, and any court orders affecting contact. Vayacare accepts no liability for incidents arising from incomplete or inaccurate information provided by the Client.

The Client shall ensure that appropriate drop-off and pick-up arrangements are in place at all locations, including suitable supervision for handover where required.

The Client shall pay invoices within 30 days of issue. Late payment will attract interest at 8% per annum above the Bank of England base rate, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

Both parties are responsible for maintaining appropriate safeguarding policies. Vayacare operates under its published Safeguarding and Child Protection Policy, which is reviewed annually and available at vayacare.co.uk/safeguarding.

Vayacare will process personal data only to the extent necessary to provide the Services and in accordance with its Data Processing Agreement (available separately). Vayacare is registered with the Information Commissioner's Office (registration reference ZB472910).

Journey and incident records are retained for 7 years following the date of the journey. CCTV footage is retained for 28 days unless preserved as evidence. Child-level data is deleted within 30 days of the termination of transport arrangements, subject to any legal obligations to retain data.

Vayacare indemnifies the Client against third-party claims arising from Vayacare's negligence or wilful default in providing the Services, up to the limit set out below.

Vayacare's total liability to the Client in any 12-month period, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the Client in that period. This limitation does not apply to claims for personal injury or death, or to liability which cannot be excluded by law.

Neither party shall be liable for any failure or delay in performance caused by events outside their reasonable control, including extreme weather, civil unrest, or infrastructure failure. The affected party shall notify the other as soon as practicable and take reasonable steps to mitigate the impact.

Access to the Platform is granted solely for the purpose of managing and monitoring transport services procured under the relevant Service Agreement. Access credentials must not be shared.

Users must not attempt to access systems or data beyond their authorised scope, introduce malicious code, or use the Platform in any way that contravenes applicable law, including the Computer Misuse Act 1990 and UK GDPR.

Vayacare targets 99.5% Platform availability, excluding scheduled maintenance. Scheduled maintenance will be notified at least 48 hours in advance and carried out outside of 07:00–19:00 Monday to Friday (term time).

Either party may terminate the Service Agreement by giving 90 days' written notice. Local authority agreements subject to PCR2015 procurement obligations may have specific termination provisions set out in the call-off contract.

Either party may terminate immediately by written notice if the other party commits a material breach that is not remedied within 30 days of written notice, becomes insolvent, or commits a serious safeguarding failure.

On termination, the Client shall pay any outstanding invoices. Vayacare will provide a data export within 30 days of termination and will continue to make records available for the statutory retention period.

These Terms and the Service Agreement are governed by and construed in accordance with the law of England and Wales.

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Vayacare may update these Terms from time to time. The Client will be notified of material changes at least 30 days in advance. Continued use of the Services after that date constitutes acceptance of the revised Terms.