§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 addressees 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 (hereinafter referred to as taxi.eu) arranges transport requests for people and goods between the taxi passenger / passengers (hereinafter 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 taxi.eu and Customer. 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 if 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 § 2 b 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 § 2 b 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 number) (§ 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 of being enforced or will be illegal or incapable to be 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 or 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.
Vienna, January 2015