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Terms and Conditions – APP Payment and Declaration on the Protection of Data

 

§ 1 Basics; Object

These Terms and Conditions govern the non-cash payments of taxi journeys (hereinafter referred to as “APP payment“) involving the use of the taxi.eu app, and also supplement the Terms and Conditions for taxi customers (general Terms and Conditions) of the taxi.eu app.

APP payment refers to payment transactions in which at least the payer uses mobile electronic means to initiate, authorise or realise the payment of the taxi fare, e.g. by means of mobile devices such as mobile phones or tablet computers. With APP payment, the taxi customer is provided with a non-cash payment option by using the app.

With regard to the payment methods PayPal or customer cards, fms systems GmbH, Hietzinger Hauptstrasse 33, 1130 Vienna, Austria (hereinafter referred to as “fms systems“) shall handle the payment of the fare when using the non-cash payment procedure “APP payment“ with the taxi.eu app. Wirecard AG, Einsteinring 35, 85609 Aschheim, Germany, shall be responsible for the handling of other possible payment methods (particularly credit cards) when using the non-cash payment procedure. The payment procedure shall always be agreed upon the customer and the taxi dispatch centre. The Terms and Conditions of Wirecard AG and the respective taxi dispatch centres shall be applied. Within the framework of the APP payment, fms systems only provides for the (technical) infrastructure. A list of all Partner Dispatch Centers capable to support APP Payment is included in ANNEX 1 of this document. Please consider that the payment methods actually available depend on the Partner Dispatch Center and a guarantee cannot be provided that all payment methods technically supported are actually accepted everywhere for payment.

This Agreement is concluded between the taxi customer (hereinafter referred to as “Customer”) and fms systems. The Terms and Conditions for the APP payment govern the aforementioned contractual relationship. The agreement with the taxi dispatch centre including the payment procedure as well as the contract of carriage between the taxi company and Customer remains unaffected thereby.

§ 2 Rights and Obligations of the Contracting Parties

a.
Rights and Obligations of fms systems:

aa.
fms systems puts the non-cash payment procedure APP payment within the taxi.eu app at Customer’s disposal.

bb.
Using APP payment, Customer can store payment methods, e.g. PayPal, credit cards or taxi customer cards. Customer is entitled to use APP payment to pay the taxi fare owed to the taxi entrepreneur. The payment procedure shall always be agreed upon between Customer and the respective taxi dispatch centre.

cc.
fms systems does not provide a warranty on the uninterruptable availability of the payment method APP payment. A warranty on the availability of taxis that participate in APP payment can also not be provided.

dd.
fms systems strives to ensure that high levels of reliability of the system are maintained.

ee.
When carrying out the payment procedure, fms systems reserves the right to debit various amounts from the user’s PayPal account not exceeding, however, the total amount payable by Customer to fms systems

b.
Obligations, Services and Rights of the Customer

aa.
The Customer shall transmit correct and truthful data to fms systems. The use of APP payment must not impair or strain the systems of fms systems.

bb.
Customer shall pay attention to data security (user name, password, PIN). Customer shall neither inform third parties about sensitive data nor transfer sensitive data to third parties.

cc.
In the case of loss of relevant data, Customer shall immediately inform fms systems via the e-mail address info@taxi.eu.

dd.
Customer shall use a working internet connection.

ee.
The user shall ensure that sufficient cover is available for the means of payment. In the registration process, Customer shall indicate one valid e-mail address that can be accessed by Customer only and that is linked to Customers’ account. In the registration process of Customer’s account, Customer shall store the existing payment methods such as credit cards, PayPal, etc. There is, however, no warranty provided that every payment can be used in the city in which taxi.eu is applied.

ff.
Customer is entitled to delete means of payment from Customer’s payment account, to add additional means of payment within the scope of options provided, as well as to delete the entire account at any time.

gg.
During the APP payment procedure, the taxi driver will never be informed about Customer’s underlying payment method. This applies on both PayPal and credit card payments. Based on the agreement between the issuer of the means of payment and Customer, all aforementioned means of payment may cause additional charges debited outside of APP payment.

hh.
In the registration process, Customer shall indicate a valid e-mail address and Customer’s mobile phone number. The e-mail must be confirmed by e-mail verification.

ii.
Taxi customers who did not order the taxi via the taxi.eu app or via the hotline may also use APP payment.

§ 3 Characteristics of APP payment

a.
APP payment is an alternative to cash payment which is also possible in the taxi. The Customer is not obliged to use APP payment as it only provides for an additional payment option.

b.
As a prerequisite for the application of APP payment, the taxi entrepreneur must be connected to the system. Clear signing at and within the taxi provides for Customer’s orientation.

c.
In the registration process for APP payment, Customer selects one or more of the registered means of payment (e.g. credit card or PayPal).

d.
Customer may choose a personal identification number (PIN) to protect APP payment and the taxi receipts.

e.
If Customer uses PayPal, Customer pays the amount without indicating the bank or credit card data to taxi.eu. Registration of these data as well as the electronic debit procedure is carried out directly between Customer and PayPal. Customer may be charged for PayPal charges. Customer needs a PayPal account to be able to use the PayPal means of payment.

f.
Customer shall protect the taxi.eu account against unauthorised access and shall not pass the access data, particularly the PIN, to third parties.

g.
In the case of loss or theft, a blocking notification must be sent immediately to info@taxi.eu.

§ 4 Costs and Prices

a.
The use of APP payment does not entail costs to the user with the following two exceptions:

aa.
With non-cash payments, a tariff-based charge may apply. The type and the amount of this charge depend on the valid local taxi tariffs.

bb.
Customer shall bear the costs for the internet access.

b.
The taxi driver and/or the taxi entrepreneur shall transmit the amount for the delivered service to fms systems. Optionally, Customer may add a tip.

c.
fms systems and/or the respective taxi dispatch centre are entitled to collect these amounts on behalf of its entrepreneurs.

§ 5 Conclusion of and Withdrawal from the Agreement

The Agreement between fms systems and Customer is concluded by the registration and the acceptance of these Terms and Conditions.
The Agreement terminates by deleting the APP Payment account. Both parties may terminate the Agreement at any time with immediate effect. Obligations that have existed until this time remain unaffected; Customer / the taxi passenger shall pay open invoices even if the account may have been deleted in the meantime.

§ 6 Liability

a.
Liability will only be applied according to the legal regulations.
fms systems, however, shall not be liable for slight negligence unless fms systems fails to comply with very important obligations, so-called “cardinal obligations”, caused by slight negligence. In this case, fms systems shall compensate the typically foreseeable damages.

b.
Customer shall bear the chargeback costs in the case of a chargeback under the responsibility of Customer.

c.
fms systems shall not be liable for the correct execution of the non-cash payment, particularly in the case of credit card and PayPal payments. In the case of problems and malfunctions when executing the Agreement, in particular regarding incorrect bookings, the user shall approach his contract partner, i.e. the payment service provider.
In the event of a culpable breach by the user of the duty of care, particularly with regard to § 2 b of these Terms and Conditions, the user shall be liable for any damage thereby incurred and shall compensate fms systems.
In an event of an infringement of the law by Customer, Customer shall release fms systems from liability, in particular with regard to a breach of the obligations mentioned under § 2 b.

§ 7 Data Protection

fms systems collects, processes and uses company and personal data within the framework of legal provisions (name, address, phone number). Customer expressly agrees to the collection, processing and use of these personal data by fms systems or a Partner Dispatch Center according to ANNEX 1.

Customer agrees with the use of GPS data when using APP payment for the settlement of the taxi ride (starting and destination addresses, times of departure and arrival), as well as with the automatic transfer of these trip data to the automatically generated receipt and/or bill. The deletion of these data with taxi.eu is carried out in accordance with the legal provisions.

The data necessary for the receipts will be deleted as soon as Customer deletes his receipts from the app.

§ 8 Applicable Law and Court of Jurisdiction

Unless mandatory legal provisions require other regulations, Austrian law will apply and Vienna is the exclusive place of jurisdiction.

§9 Severability Clause

If any stipulation of this Agreement or these Terms and Conditions or a future provision included in these is determined to be entirely or partially invalid or unenforceable or, at a later time, may lose its legal effect or enforceability, all other stipulations shall nevertheless remain in full force. The same applies if it should turn out that there is a loophole. In order to replace the invalid or unenforceable stipulations or to fill the loophole, the Parties agree that an appropriate provision shall be agreed upon that, if legally possible, comes closest to expressing the intention or the purpose of the Agreement if the invalidity, unenforceability or the loophole had been known before. The same applies if the invalidity of a stipulation is based on a scope of service or a time specification (notice period or deadline) stipulated in the Agreement; then, a legally permissible scope of service or a time specification (notice period or deadline) will be seen as agreed upon which comes closest to the intended purpose.

Vienna, January 2017

ANNEX 1:

List of Partner Dispatch Centers Aachener Autodroschken Vereinigung D 52062 Aachen; Taxiteam Ahrensburg D 22926 Ahrensburg; Taxi Alstertal D 22393 Alstertal; TCA Amsterdam NL 1106 MH Amsterdam; Antwerp-Tax B 2018 Antwerpen; Metropolis Taxi Aschaffenburg D 63741 Aschaffenburg; Taxi Augsburg D 86150 Augsburg, Bayern; 33er Taxi AG Basel CH 4058 Basel; WBT Funk Taxi Berlin D 10785 Berlin; Taxi Berlin 202020 D 10245 Berlin; Taxi Bieta 97111 D 33609 Bielefeld; TMG Funktaxen Bitterfeld D 6749 Bitterfeld; Wieselmobil Böblingen D 71034 Böblingen; RUPEL-TAXI BOOM B 2850 Boom; VHF Taxi Antwerpen B 2930 Brasschaat; Taxi Schneeweiss GmbH A 6900 Bregenz; Taxi-Lloyd GmbH & Co. D 27568 Bremerhaven; Taxa Frederikshavn DK 9700 Bronderslev; Brugger Taxi CH 5200 Brugg; Airporttaxi SCA Taxi Autolux B 1080 Bruxelles; City-Taxi-Buxtehude GmbH D 21614 Buxtehude; Fahrdienste 24 Chur CH 7001 Chur; DTM Antwerpen B 2100 Deurne; TAXI DUISBURG 6X3 D 47055 Duisburg; Rhein-Taxi D 40231 Düsseldorf; Taxigenossenschaft Erfurt e.G. D 99085 Erfurt; Taxi 211 212 Essen D 45143 Essen; ATS Airport Transfer Service A 1300 Flughafen Wien; TAXI 68 – TIV Taxi Ihres Vertrauens GmbH D 60489 Frankfurt am Main; Taxi Holl D 76571 Gaggenau; Taxiphone Genève CH 1211 Genève; Vtax Gent B 9000 Gent; Taxi Göppingen D 73035 Göppingen; 878 City Funk A 8041 Graz; Taxi 889 Graz A 8041 Graz; Taxi Hagenow D 19230 Hagenow; Funktaxi Bergedorf D 21035 Hamburg; Taxizentrale Jork D 22111 Hamburg; Hansa-Taxi Hamburg D 22111 Hamburg; Testzentrale Hamm D 59071 Hamm; MeinTaxi 434343 GmbH D 30163 Hannover; Taxizentrale Heilbronn D 74074 Heilbronn; Taxi Heilbronn Unterland GmbH D 74177 Heilbronn; Taxi-Funk-Zentrale Karlsruhe e.G. D 76227 Karlsruhe (Baden); Kopenhagen – Amager-Øbro Taxi DK 2770 Kastrup; Vineta Verkehrsgesellschaft Kiel D 24143 Kiel; Taxi Ruf Köln eG D 50677 Köln; VTC VLAAMSE TAXI CENTRALE B 8520 Kuurne; Taxengemeinschaft Langenhagen D 30853 Langenhagen; Taxi 4884 Leipzig D 4177 Leipzig; Löwentaxi Leipzig D 4109 Leipzig; City-Taxi-Leipzig D 4177 Leipzig; Linz 6969 OÖ Taxigenossenschaft A 4020 Linz; Linzer Taxi 2244 A 4020 Linz; Taxi-Lörrach GbR D 79540 Lörrach; Taxi-Zentrale Ludwigsburg D 71634 Ludwigsburg (Württemberg); Taxi Röhlig D 21335 Lüneburg; Taxis Colux L 2543 Luxembourg; Taxi Radio Lyon F 69004 Lyon; City Taxi Mödling A 2340 Mödling; IsarFunk München D 81671 München; Taxi Zentrale Münster e.G D 48155 Münster; Taxi 44444 Neumünster e.G. D 24534 Neumünster; Donau-Taxen Neu-Ulm e.G. D 89231 Neu-Ulm; Taxi Lang D 51588 Nümbrecht; Taxi-Zentrale Oberhausen TZO D 46045 Oberhausen; Osnabrücker Funk-Taxi-Zentrale 32 0 11 e.G D 49074 Osnabrück; Taxi Weber Pforzheim D 71636 Pforzheim; Wieselmobil Pforzheim D 75179 Pforzheim; Pinneberger Taxenunion D 25421 Pinneberg; Taxi-Genossenschaft Potsdam 0331 29 29 29 D 14480 Potsdam; Sedop Taxi Praha CZ 10200 Praha 10; Profitaxi Prag CZ 14300 Praha 12; Taxi Praha s.r.o CZ 15000 Praha 5; Inge’s Personenbeförderung D 76437 Rastatt; Taxi Services S. à r. l. CH 1020 Renens; Hanse-Taxi-Rostock D 18146 Rostock; RTC NL 3044CD Rotterdam; Taxi Salzburg A 5020 Salzburg; Sprenger Taxi CH 9000 Sankt Gallen; Taxi-Ruf Schenefeld D 22869 Schenefeld bei Hamburg; Taxifunk Schwechat A 2320 Schwechat; Taxi-Genossenschaft Schwerin e.G. D 19053 Schwerin, Mecklenburg; Les Taxis Bleus F 93274 Sevran; Taxigenossenschaft Stralsund D 18435 Stralsund; TAZ Stuttgart D 70372 Stuttgart; Taxi Tostedt D 21255 Tostedt; Taxen-Zentrale Ulm e.G. D 89077 Ulm; 1. Villacher Funk Taxiverein A 9500 Villach; City Taxi Waiblingen D 71332 Waiblingen; Taxi Zentrale Wedel D 22880 Wedel; Taxi 31300 A 1230 Wien; CC Taxicenter Taxi 40100 A 1230 Wien Airport Driver Mietwagen Service GmbH A 1230 Wien; CITY-Taxi- u. Mietwagen Zentrale GmbH D 38440 Wolfsburg; Taxizentrale Wuppertal D 42109 Wuppertal; Taxi Würzburg EG D 97072 Würzburg; Unitax Zaventem Brussels B 1930 Zaventem; Taxi 444 Zürich CH 8005 Zürich; Taxi 7×7 CH 8004 Zürich.

Terms and Conditions – (Passengers – Terms and Conditions) and Declaration on the Protection of Data

§ 1 General: Subject of the Contract

a.
The following Terms and Conditions govern the use of apps within the scope of taxi dispatching (without Payment). In as much as taxi companies are appointed as addresses of transport orders in these Terms and Conditions, the latest versions of the legal provisions shall apply.

FMS Systems GmbH, Berlin office, Persiusstr. 7, 10245 Berlin Germany (herein after referred to as taxi.eu) arranges transport requests for people and goods between the taxi passenger / passengers (herein after referred to as Customer / Customers) and the taxi entrepreneur. Provided that Terms and Conditions and/or contractual agreements apply between Customer and the taxi entrepreneur and/or taxi driver (transport agreement), these provisions shall not be governed by these Terms and Conditions.

The transport agreement is only concluded between the taxi entrepreneur and Customer. Even when using the taxi.eu app, no agreement on the transport of people shall be concluded between Customer and taxi.eu. Taxi.eu is entitled to decide which passenger transport company shall be the addressee of the transport request. Correspondingly, the settlement of the taxi journey will be carried out between the taxi entrepreneur and Customer.

§ 2 Rights and obligations of the Contractual Parties

a.
Services provided by taxi.eu:

aa.
The transport request of Customer shall be transmitted to the connected vehicles. A positive outcome is not guaranteed in so far as a transport agreement will be concluded with the taxi entrepreneur. Correspondingly, there is no guarantee for the actual performance of an offered journey / a journey request.

bb.
No guarantee can be given for the uninterruptible availability of the taxi.eu app and for available taxis.

cc.
Taxi.eu provides for free software (app) for the dispatch of vacant taxis of connected partner taxi call centres to Customer.

dd.
Taxi.eu transmits the transport request to the local connected taxi call centre that forwards the order to the connected taxi companies.

ee.
Taxi.eu shall strive towards a high level of reliability of the dispatching system.

ff.
Taxi.eu shall be responsible for advertising and placement.

b.
Obligations, services and rights of Customer:

aa.
Customer shall transmit correct and truthful data to taxi.eu. The use of the app must not cause any disruption or overload of the taxi.eu systems.

bb.
Customer shall use a properly functioning internet connection.

cc.
When registering, Customer shall indicate both his name and mobile phone number.

§ 3 Costs and Prices

a.
Customer will not be charged for the dispatch through the taxi.eu app, with two exceptions:

aa.
A tariff-related surcharge for taxi radio dispatches or for cashless payments may be applicable. Type and amount of this surcharge are subject to the corresponding local taxi tariffs.

bb.
Customer shall bear the costs for the internet access.

b.
Cancellation costs will be charged of Customer cancels the transport request prior to dispatching by taxi.eu

§ 4 Liability

In principle, liability is applied in accordance with the legal regulations.

Taxi.eu will not be liable for simple negligence with the exception of a breach of essential duties (cardinal duties) by taxi.eu. In such a case, the liability of taxi.eu is limited to the typically foreseeable damage.

The user shall compensate taxi.eu for the resulting damage in the case of a culpable breach of the duty of care, see §2b of these Terms and Conditions.

Customer shall grant an exemption from liability of taxi.eu towards third parties in the case of an infringement of the law by Customer in accordance with aforementioned standards, particularly with regard to a culpable breach of Customer’s obligations mentioned in §2b by Customer.

§ 5 Data Protection

Taxi.eu collects, processes and uses company-related and personal data within the framework of the legal provisions.

Customer explicitly agrees to the collection, processing and use of his personal data (name, addresses, phone numbers) (§4, paragraph 1, German Federal Data Protection Act). Customer agrees that telephone calls can be recorded within the scope of self-protection and for the purpose of controlling the staff training. These recordings will be automatically deleted within 30 days at the latest.

Other data at taxi.eu will be deleted within 30 days after the concluded payment of the journey.

§ 6 Applicable Law, Place of Fulfilment and Place of Jurisdiction

German Law shall apply. Berlin is place of jurisdiction and place of fulfilment for all disputes arising provided that Customer is a merchant.

§ 7 Termination of Contract

The contracting parties may terminate Contract at any time without notice. On serious grounds, users can be excluded from using the app, in particular when triggering bookings without the actual wish to make the journey. In that case, taxi.eu shall inform Customer about the blocking. Notification shall be issued via a system message within the app.

Taxi.eu will have the right to end the operation of the software / application (app) at any time. These Terms and Conditions are subject to change.

§ 8 Severability Clause

If any term or any future adopted provision of this Contract or of these Terms and Conditions is to any extent partially or totally invalid or incapable to be enforced or will be illegal or incapable of being enforced in the future, all other terms hereof shall remain in full force. The same shall apply if there is any loophole to be detected. The contracting parties agree that the invalid or unenforceable term or the loophole shall be deemed to be replaced by a term that – as far as is legally possible – comes closest to expressing the intention of this Contract. This shall also apply if the unenforceability of a term has arisen from a specific figure given therein with regard to performance of time (deadline or date); the specific figure that comes as close as possible to the stipulated performance or time (deadline or date), shall be deemed to be agreed upon.

Berlin, January 2015