General Terms and Conditions for Passengers
Passengers/United Kingdom/Valid as of: July 2019
of Shareo Limited, 69 Esker Woods Drive Lucan Co Dublin Ireland (hereinafter: “Mytaxio”), company number 653871.
Introductory Provisions: These General Terms and Conditions for Passengers (“Terms and Conditions”) apply to the services which are offered by Mytaxio to the passengers (“Mytaxio Services”) via the Mytaxio app (also referred to as “the App”) or the Mytaxio website or via websites and apps operated by third party cooperation partners (“Third Party Services”). Please read these Terms and Conditions carefully, in particular section 4, which tells you about the cancellation fees you may have to pay, and section 5, which tells you about the processing fees you may have to pay should you not make a payment on time. The use of the Third Party Services may be subject to additional terms and conditions of such third party cooperation partners. The Terms and Conditions apply to passengers that use the Mytaxio Services in the United Kingdom. The Terms and Conditions shall apply in addition to any other terms and conditions additionally agreed between the parties. Any individual agreements entered into by the parties shall prevail over the Terms and Conditions and any other terms and conditions. In order to register for and use the Mytaxio Services, the passenger is required to accept during the registration process these Terms and Conditions to be concluded between Mytaxio as the provider of the Mytaxio Services and the passenger.
Services 1.1 Mytaxio offers the Mytaxio Services to the passenger.
The Mytaxio Services consist merely of the procurement of taxi transportation services and associated services further described in these Terms and Conditions upon request by a passenger. The Mytaxio Services are provided to the passengers via the Mytaxio website or Mytaxio app or via the Third Party Services; the Mytaxio Services allow the passenger to request a taxi order from potential taxi drivers and to communicate directly with the taxi driver which has accepted a taxi order. The actual taxi transportation services are provided by the taxi driver and the respective transportation contract will be concluded between the passenger and the taxi driver at the time the passenger’s order has been accepted by the taxi driver. Mytaxio is neither responsible nor liable for the actual transportation services provided by the taxi driver, including the availability of the taxi ordered by the passenger.
1.3 Mytaxio does not charge the passenger any fees for the use of the Mytaxio Services, unless otherwise agreed and/or prescribed in these Terms & Conditions (e.g. Cancellation Fee, see section 4). Mytaxio reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Mytaxio Services at any time in Mytaxio’s sole discretion. Mytaxio will notify the passenger of any changes regarding charges in accordance 1 with section 11.3 of these Terms and Conditions. Any charges will be made available in a price list on the Mytaxio website or in the App.
1.4 The taxi driver will charge the passenger directly for any taxi transportation services (including any surcharges that may be required by local regulations, for example taxi tariff regulations). Furthermore, if the passenger uses Third Party Services, such third party may charge the passenger for such usage.
1.5 To the extent the passenger uses web-enabled mobile end-devices, such as smartphones and tablet PCs (hereinafter referred to as “mobile end-devices”) to use the Mytaxio Services, Mytaxio provides to the passenger free of charge the Mytaxio app subject to the requirements and conditions set out in these Terms and Conditions (in particular Sec. 8 which covers Intellectual Property) which the passenger may install on the mobile end-device.
1.6 The passenger is at his expense solely responsible for the internet access necessary to access the Mytaxio Services, the technical requirements (including necessary updates), and the configuration and capability of the device (including mobile end-devices) for using the Mytaxio Services and the Mytaxio app.
1.7 Mytaxio is not responsible for the correctness or completeness of the data being transmitted by the Mytaxio Services or for data reaching the passenger in a timely manner.
1.8 Trips can also be booked and billed as business trips under the contracts concluded between Mytaxio and its participating contractual business partners, which can authorize their personnel or other natural persons to have a trip billed as business trip under the business account.
1.9 If the passenger books a business trip through the App or decides to pay for the trip as a business trip via a business account at the end of a trip, data collected by Mytaxio via the App will be sent for trip handling and billing purposes to the contractual partner who authorizes the passenger for the business trip (billing data). If a trip by taxi is booked as a business trip, billing-related information, especially first and last name(s), e-mail address, time of day, start/endpoints of a route and fare of the trip will be sent to the Mytaxio contractual business partner who authorizes the passenger for the business trip. The amount of data sent will depend on the data required for the settlement of costs for the business trip with the business account holder.
1.10 Mytaxio may take recourse to affiliated companies or external cooperation partners in order to process billing data.
1.11The passenger must be 18 years of age or older to accept these Terms and Conditions and use the Mytaxio Services
- 2. Location data and data privacy
- Modifications and Suspension; Availability
3.1 Mytaxio reserves the right to modify the Mytaxio app at any time in a form reasonably acceptable for the passenger for the purposes of advancement and quality improvement. Furthermore, Mytaxio reserves the right to discontinue or suspend the Mytaxio Services at any time permanently or temporarily, even without informing the passengers individually.
3.2 The passenger shall have no right to claim the continuous and uninterrupted availability of the Mytaxio Services.
- Cancellation Fee
4.1 If the passenger decides to cancel a trip, after their booking has been accepted by the taxi driver, or if the trip was cancelled by the driver due to the passenger not being available at the location where the taxi was ordered by the passenger, a fee may be charged by Mytaxio to the passenger (the “Cancellation Fee”). For more information on Mytaxio ‘s Cancellation Fee, including current rates, please see our cancellation policy provided here (the “Cancellation Policy”).
4.2 Any Cancellation Fee incurred may be charged by Mytaxio to the payment methods added for Pay by App in accordance with section 5 below. Where no payment method has been provided via Pay by App by the passenger, but the passenger has incurred a Cancellation Fee, Mytaxio may suspend the passenger from using the Mytaxio app until full payment of the Cancellation Fee is effected in line with the Cancellation Policy.
4.3 If the passenger wishes to dispute the Cancellation Fee, full details must be sent by e-mail or post to the e-mail or postal addresses stated at the end of these Terms and Conditions, or as stated in the App or on the Mytaxio website, no later than thirty (30) days after the Cancellation Fee was charged.
- Payment for Taxi Services, Pay by App, conditions for use of Mytaxio Top up credit through Pay by App
5.1 The passenger acknowledges that use of the Mytaxio Services may result in payments becoming due from the passenger to the taxi driver for taxi transportation services provided by the taxi driver (“Taxi Fares”). The amount of the Taxi Fare is determined by the contract for taxi transportation services entered into between the passenger and the taxi driver.
5.2 The passenger may pay the Taxi Fares in cash or other means of payment offered by the taxi driver at the end of the trip or by Taxi top up credit. Alternatively, Mytaxio offers the passenger the option to pay Taxi Fares via the Mytaxio app at the end of each taxi trip. Mytaxio accepts payment of Taxi Fares by credit card and any other payment method Mytaxio makes available in the Mytaxio app from time to time up to a maximum amount determined by Mytaxio from time to time (payment by cashless means through the App is referred to in these Terms and Conditions as “Pay by App”, a trip paid through the App referred to as “Pay by App trip”). Mytaxio shall in its absolute discretion solely determine the maximum amount of a Pay by App trip and the maximum amount for a first Pay by App trip. These maximum amounts are shown on the Mytaxio website and in the Mytaxio app. Whenever the passenger chooses to pay Taxi Fares through Pay by App, the taxi driver will have assigned his or her payment claim against the passenger to Mytaxio under a contract between Mytaxio and the respective taxi driver. Once the payment by the passenger has been received by Mytaxio this payment will settle the claim for the taxi transportation service assigned to Mytaxio by the taxi driver. Mytaxio is neither a payment services provider of the passenger nor of the taxi driver and collects the Taxi Fare in its own name and for its own account.
5.3 When adding a payment method for Pay by App, the passenger may be requested to select a personal identification feature (such as a PIN or password) for payment handling and 3 authorisations for Pay by App trips. For each trip, the passenger can select from any of the Pay by App payment methods they have saved in the App at the time of payment. If the passenger removes all cashless payment methods from the App, they can continue to pay trips in cash or by any other permitted payment method.
5.4 The passenger confirms that any and all payment details saved to the Mytaxio app are full, complete and correct.
5.5 If PayPal is made available as a payment method for Pay by App and the passenger chooses to pay for trips using PayPal, the passenger shall pay the amount specified by them during the payment process. The passenger may be charged separately for the use of PayPal’s service. In order to use PayPal’s payment service for Mytaxio, the passenger must set up a PayPal account with PayPal and confirm at the time of payment that the PayPal payment is meant for Mytaxio.
5.6 The passenger is not obliged to pay the taxi driver for trips by cashless means through Pay by App.
5.7 If the passenger chooses to pay for trips through Pay by App, the passenger shall pay the gross Taxi Fare and any desired tip at the end of the trip. The passenger authorises Mytaxio to deduct the due amount from the credit card, PayPal account or other means of payment selected by the passenger for that trip. The passenger agrees that in the case of Pay by App trips instead of a hard-copy receipt a receipt for the Pay by App trip will be available to be downloaded from the accounts section of the passenger’s account.
5.8 Where the passenger: (i) adds a new payment method for Pay by App; or (ii) selects Pay by App when ordering a taxi via the App or on a so-called hop on tour (trip not booked via the App), and at the point of payment, Mytaxio reserves the right to make a pre-authorisation transaction for validation purposes using the payment method selected by the passenger. This pre-authorisation transaction is also made if the order was unsuccessful or the trip is cancelled. Any pre-authorisation will temporarily reduce the available balance for the respective payment method by the pre-authorisation amount for up to 10 working days and may appear as a temporary hold on the relevant payment method. The pre-authorisation amount will not be charged to the concerned payment method. By using the Pay by App feature, the passenger consents to Mytaxio’s pre-authorisation procedure.
5.9 Mytaxio reserves the right not to offer certain payment methods to all passengers or individual passengers and may in its sole discretion withdraw any payment method available to all passengers or individual passengers.
5.10 Mytaxio reserves the right to block the passenger account and/or Pay by App functions for the passenger permanently or temporarily and/or to ask the passenger to choose a new password, PIN or other personal identification feature, provided that there are reasonable grounds that justify this action, and/or Mytaxio reasonably suspects that the passenger’s account and/or personal identification feature has been used fraudulently or without authorisation. In such event, Mytaxio shall inform the passenger that their passenger account and/or Pay by App function has been blocked along with the major reasons for doing so, if 4 legally permissible, and if possible before the account and/or function is blocked, but at the latest promptly after the account and/or function is blocked.
5.11 If the passenger chooses to Pay by App, they must ensure that the bank account to be debited has sufficient funds. If the bank account Mytaxio attempts to debit does not have sufficient funds, the passenger shall pay any charges or costs incurred as a result of insufficient funds in the bank account.
5.12 Mytaxio assumes no liability for cashless payments, especially credit card charges and PayPal payments. The passenger must approach the payment service provider and/or the paying office himself if a booking is incorrect or made in error, or if the payment process malfunctions.
5.13 If the passenger defaults on any payment due under these Terms and Conditions and owed to Mytaxio, for example, because the passenger’s chosen payment method has expired, Mytaxio may charge interest on the overdue amount at the rate of 5% a year above the base interest rate of Barclays Bank plc from time to time plus a processing fee of GBP 15. If Mytaxio can show that it has incurred higher damages from the default, Mytaxio may claim compensation for such higher damages.
5.14 If the passenger breaches section 9.2 of these Terms and Conditions (the obligation to take due care in safeguarding and protecting their passenger name, password or other personal identification features from unauthorised third-party access and/or to immediately report to Mytaxio any unauthorised use of the Mytaxio services including an unauthorised use of Pay by App), and if Mytaxio incurs damages due to the passenger’s violation of that duty, Mytaxio expressly reserves the right to assert damage claims against the passenger in compliance with applicable law for any net damages, losses or costs. Where the passenger has requested Mytaxio, by using the means of contact provided at the end of these terms or in the Mytaxio App, to block the passenger account for unauthorised use or a suspicion thereof and Mytaxio has blocked the passenger account following such request, Mytaxio shall be responsible for the damages incurred from the use of the blocked passenger account.
5.15 The following general terms and conditions (“General Voucher Terms”) will apply to all vouchers and promotional codes (“Vouchers”) issued by Mytaxio from time to time. Individual Vouchers may also be subject to, and these General Voucher Terms may then be superseded, supplemented and/or modified by, specific or additional terms and conditions that will be specified on the Voucher or at the time the Voucher is issued.
5.15.1 The passenger can only redeem the Voucher if they select “Pay by App” as their payment method.
5.15.2 The Voucher will be valid for a single trip ordered via the Mytaxio website or the Mytaxio app.
5.15.3 Each Voucher is valid for use by a passenger only once.
5.15.4 Each passenger is limited to one Voucher per promotion or offer.
5 5.15.5 Once the Voucher is used in the Mytaxio app, the Voucher and any remaining value will expire.
5.15.6 Vouchers that are not used by the deadline specified on the Voucher and/or at the time the Voucher was issued (“Voucher Deadline”) will expire without compensation.
5.15.7 Vouchers or the balance of any Voucher have no cash value.
5.15.8 Mytaxio shall have no liability to the passenger in the event that it was not possible for the Passenger to use the Voucher by the Voucher Deadline due to technical errors with the Mytaxio website and/or Mytaxio app.
5.15.9 If a Voucher is stated to be valid only for the passenger’s first payment via the Mytaxio app, that Voucher can only be used once per passenger and can only be redeemed the first time the passenger pays for a trip using Pay by App. If on the first trip, the passenger has not used the Voucher, that Voucher will not be valid and shall expire without compensation.
5.15.10 Vouchers are only valid for use if the passenger has entered the correct code on the Mytaxio website or Mytaxio app and that code has been accepted by Mytaxio before the time to pay for that trip.
5.15.11 Vouchers are only valid for use against trips in taxis registered with Mytaxio for Pay by App and only in participating cities where Pay by App is available. The cities in which Pay by App is available are shown on the Mytaxio website. Mytaxio may in its absolute discretion further limit the cities or parts of cities in which the Vouchers are valid.
5.15.12 Vouchers may not be used in conjunction or combination with other Vouchers or any other offers, subsidies, coupons or discounts offered by Mytaxio from time to time.
5.15.13 Vouchers may not be sold, resold or exchanged for cash.
5.15.14 Mytaxio may in its absolute discretion block and/or delete the passenger’s account if it has reasonable grounds for suspecting that the passenger has used a Voucher in breach of the General Voucher Terms, unlawfully, fraudulently or in bad faith. Mytaxio will have the right to ask the passenger for reimbursement of any value or service that has been gained fraudulently.
5.15.15 The right to use a Voucher is personal to the original passenger who has received that Voucher. The passenger may not transfer a Voucher to any other person.
5.15.16 No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by any person. Mytaxio reserves the right to refuse or cancel a Voucher if it reasonably suspects that it has been so copied, reproduced, distributed, or published.
5.15.17 If Mytaxio reasonably believes in its sole discretion that a Voucher is being used in breach of these General Voucher Terms, unlawfully, or in bad faith, Mytaxio may reject or cancel the Voucher.
- Term and Termination
6.1 The contractual arrangements under these Terms and Conditions shall commence on the date of acceptance by the passenger and shall be valid for an indefinite period of time.
6.2 Both parties have the right to terminate the contractual arrangements under these Terms and Conditions at any time by giving notice in writing (including via e-mail).
6.3 For the sake of clarity, the termination of the contractual arrangements under these Terms and Conditions terminates the use of Pay by App and any other Mytaxio service associated with the App at the same time.
7.1 Mytaxio is responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us.
7.2 Mytaxio ‘s contractual liability for damages other than in case of gross negligence and wilful misconduct shall be limited as follows: (i) Mytaxio does not provide the taxi transportation services and shall therefore not be liable for damages deriving from such services; (ii) Mytaxio shall not be liable for the information provided by taxi driver; (iii) Mytaxio shall not be liable for any direct or indirect damage or loss due to the use of the Mytaxio Services.
7.3 Mytaxio does not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the Mytaxio Services.
7.4 If defective digital content which Mytaxio has supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
7.5 Mytaxio is not liable for business losses. Mytaxio only supplies the services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.6 The passenger shall be obliged to take adequate measures to avert and reduce damages, in particular regularly backing up his/her data stored on the mobile end-device to reduce the potential damages in case of data loss.
7.7 As the services offered by Mytaxio do not include the actual taxi transportation services, the passenger must bring any claims relating to the taxi transportation services against the respective taxi driver.
- Intellectual Property
8.1 Mytaxio and its respective licensors reserve any copyright and other intellectual property rights in the software used for the Mytaxio app. Subject to the conditions of the Terms and Conditions, Mytaxio grants the passenger a limited right to install the Mytaxio app on the mobile end-device of the passenger and to use the Mytaxio app for the sole purposes of using the Mytaxio Services as permitted by the Terms and Conditions. In particular, the passenger is not permitted to translate, adapt, arrange, re-arrange or otherwise modify, to make copies of, to distribute, to rent out, to borrow, to lend, to sublicense, to publicly display, to make available to the public or to publicly perform the Mytaxio app, or copies thereof. Furthermore, the passenger shall not decompile or disassemble the Mytaxio app unless permitted by applicable law.
8.2 Mytaxio and its respective licensors reserve any copyright and other intellectual property rights with regard to the content of the Mytaxio website and Mytaxio app, in particular texts, illustrations, graphics, layouts, pictures, audio and video as well as their selection and arrangement, and any other information on the Mytaxio website and Mytaxio app (collectively “Website Contents”). Website Contents may not be translated, adapted, arranged, re-arranged or otherwise modified, copied, distributed, rented, borrowed, lent, sublicensed, publicly displayed, made available to the public, or to publicly performed or used in any other way without Mytaxio ‘s prior written consent. The passenger is only permitted to make technically necessary copies of the Website Content for the purpose of browsing (access to the Mytaxio website and Mytaxio app and display of the Website Contents). Any rights to marks used on the Mytaxio website and Mytaxio app (trademarks, trade names and titles) are reserved by their respective owners.
- General Obligations of the Passenger
9.1 The passenger shall use the Mytaxio Services in compliance with applicable laws and regulations, shall not impair, overload or damage the Mytaxio Services and shall not jeopardize or bypass the intended purpose of the Mytaxio Services. The passenger shall neither personally nor through third parties bypass or modify the security precautions of the Mytaxio Services.
9.2 The passenger shall keep his/her user name, password or any other identification feature safe and not disclose them to third parties or provide third parties with access to the passenger-restricted areas of the Mytaxio Services. The passenger is solely responsible for the confidentiality and security of his/her passenger account with the Mytaxio Services. The passenger must immediately report any unauthorised use of the Mytaxio Services, particularly including any unauthorised use of Pay by App, of which he/she is aware, becomes aware of or which he/she suspects, to Mytaxio by using the means of contact provided at the end of these Terms and Conditions or in the Mytaxio App.
9.3 Personal data of third parties transmitted or disclosed to the passenger (in particular personal data of taxi drivers) may be processed and used by the passenger only for purposes of receiving the taxi transportation services from such taxi driver through the Mytaxio Services. Any other processing and using, including transferring the personal data to uninvolved third parties, is not permitted, unless such third party consented to such other processing and using.
9.4 The passenger undertakes to provide true, complete and accurate personal data. The passenger also undertakes to keep the data up to date.
9.5 The passenger, who is permitted by a business client of Mytaxio to pay for trips as business trips via the business account, is obliged to report the nature of a trip taken by him (private or business) truthfully. Mytaxio is neither obliged nor technically in a position to determine whether the passenger’s trip is for business or private purposes.
- Responsibility for Contents
10.1 The responsibility of passenger-generated content published and transmitted by the passenger through the Mytaxio Services lies solely with the publishing passenger.
10.2 Any such passenger-generated content must not be harmful, unlawful, harassing, threatening, defamatory, libellous, abusive, violent, obscene, hateful, racially or ethnically offensive, or otherwise objectionable.
10.3 Mytaxio has the right, and may be obliged by law, to remove any passenger-generated content that violates section 10.2 from the Mytaxio Services. However, Mytaxio is not required to verify the content.
11 Final Provisions
11.1 In the event a provision of these Terms and Conditions is invalid, unenforceable or the Terms and Conditions contain a gap, this does not impact the validity of the remaining provisions of the Terms and Conditions.
11.2 The contractual relationship between the passenger and Mytaxio, including the construction of the Terms and Conditions, shall be governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. Mandatory consumer protection law remains unaffected.
11.3 Mytaxio may make changes to these Terms and Conditions to reflect changes in law or best practice or to deal with additional features introduced to the Mytaxio website or Mytaxio app. Mytaxio will publish any amendments on the Mytaxio app or Mytaxio website, giving reasonable notice to the passenger. Mytaxio may make more significant changes to these Terms and Conditions, but if Mytaxio does so it will notify the passenger and the passenger may then contact Mytaxio to end the contract before the changes take effect.
11.4 Mytaxio is neither obliged nor voluntarily committed to use Alternative Dispute Resolution entities to resolve disputes with consumers.