General Terms and Conditions for Passengers United Kingdom/Valid as of September 2019 of mytaxi Network Limited, Harling House, Floor 2, 47-51 Great Suffolk Street, London SE1 0BS (hereinafter: "FREE NOW"), company number 07477274. Introductory Provisions: These General Terms and Conditions for Passengers ("Terms and Conditions") apply to the services which are offered by FREE NOW to the Passengers ("FREE NOW Services") via the FREE NOW app (also referred to as “the App”) or the FREE NOW 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 FREE NOW 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 FREE NOW Services, the Passenger is required to accept during the registration process these Terms and Conditions to be concluded between FREE NOW as the provider of the FREE NOW Services and the Passenger. 1. FREE NOW Services 1.1 FREE NOW offers the FREE NOW Services to the Passenger. The FREE NOW Services consist of the procurement of taxi transportation services and associated services further described in these Terms and Conditions upon request by a Passenger. The FREE NOW Services are provided to the Passengers via the FREE NOW website or FREE NOW app or via the Third Party Services; the FREE NOW 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. FREE NOW 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. 1.2 Prior to using the FREE NOW Services, the Passenger must register. Registration requires at least the Passenger's correct and full first and last name, email address ("user name"), phone number and secure login password. All personal data provided by the Passenger to FREE NOW will be processed in accordance with the Privacy Policy accessible via the App or the FREE NOW website currently available at www.mytaxi.com. A successful registration, including acceptance of these Terms and Conditions, is required to be able to use the FREE NOW Services. During the registration process, the Passenger will be able to identify and correct input errors before completion of the registration. 1.3 Any fees that may be charged by FREE NOW for the FREE NOW Services are provided in a fee schedule (“Fee Schedule”) which shall be made available on the FREE NOW website, in the App or these Terms and Conditions. Unless otherwise stipulated in the Fee Schedule, the FREE NOW services are free of cost to the Passenger. FREE NOW reserves the right to establish, remove and/or revise charges for any or all services obtained through the use of the FREE NOW Services 1 at any time in FREE NOW’s sole discretion. All changes regarding charges will be reflected in the Fee Schedule and shall only apply upon acceptance by the Passenger prior to completing the booking. 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 FREE NOW Services, FREE NOW provides the Passenger the FREE NOW 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/her expense solely responsible for the internet access necessary to access the FREE NOW Services, the technical requirements (including necessary updates), and the configuration and capability of the device (including mobile end-devices) for using the FREE NOW Services and the FREE NOW app. 1.7 FREE NOW is not responsible for the correctness or completeness of the data being transmitted by the FREE NOW 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 FREE NOW 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 FREE NOW 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 FREE NOW 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 FREE NOW 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 FREE NOW Services 2. Location data and data privacy The Passenger acknowledges that it will be necessary to collect and process personal data, including location data, to provide the FREE NOW services. The collection and processing of data is described in the privacy policy for Passengers, accessible via the FREE NOW app or the FREE NOW website currently available at www.free-now.com. 3. Modifications and Suspension; Availability 3.1 FREE NOW reserves the right to modify the FREE NOW app at any time in a form reasonably acceptable for the Passenger for the purposes of advancement and quality improvement. Furthermore, FREE NOW reserves the right to discontinue or suspend the FREE NOW Services at any time permanently or temporarily, even without informing the Passengers individually. 2 Information on any permanent or temporary suspension shall be provided via the FREE NOW website currently available at www.free-now.com, via the FREE NOW App or through other reasonable means. 3.2 The Passenger shall have no right to claim the continuous and uninterrupted availability of the FREE NOW Services. 4. 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 FREE NOW to the Passenger (the "Cancellation Fee"). For more information on FREE NOW 's Cancellation Fee, including current rates, please see our cancellation policy (the "Cancellation Policy") provided here. 4.2 Any Cancellation Fee incurred may be charged by FREE NOW 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, FREE NOW may suspend the Passenger from using the FREE NOW 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 FREE NOW website, no later than thirty (30) days after the Cancellation Fee was charged. 5. Payment for Taxi Services, Pay by App, conditions for use of vouchers through Pay by App 5.1 The Passenger acknowledges that use of the FREE NOW 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 Unless a certain payment method is mandatory for the particular service booked, 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.
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