§ 1 General; Subject
The following GTC regulate the non-cash payment of taxi services (hereinafter referred to as “APP Payment“) in the context of the use of the taxi app by supplementing the passenger GTCs (general GTCs).
APP Payment is a payment transaction where at least the payer uses mobile electronic technology to initiate, authorise or execute the payment, for example via mobile devices such as mobile phones or tablets. APP Payment enables the passenger to pay the transport charge in cash via the taxi app.
fms Systems GmbH and Austrosoft® Weiss Datenverarbeitung GmbH provide the technical infrastructure for APP Payment. Austrosoft® Weiss Datenverarbeitung GmbH acts as an order data processor under the GDPR. APP Payment offers various payment methods, such as credit cards, taxi customer cards, PayPal, etc. These payment methods are processed between the intermediary taxi dispatch centre and the certified payment service provider. Payment service providers may be: Braintree / PayPal (Europe) S.a.r.l et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal“) or First Data GmbH, Marienbader Platz 1, 61348 Bad Homburg, Germany (hereinafter referred to as “FiServ“)
The payment transaction itself is always agreed between the passenger and the intermediary taxi dispatch centre. A list of taxi centres that can support APP Payment is attached in Annex 1 to this GTC. Please note that the payment methods actually available depend on the taxi dispatch centre concerned and that there is no guarantee that all technically possible payment methods will actually be accepted by the taxi dispatch centre.
This contract is concluded between the passenger (hereinafter referred to as “the customer”) and the intermediate taxi dispatch centre (hereinafter referred to as the “taxi dispatch centre”). The GTC for APP Payment governs that contractual relationship without prejudice to the dispatch contract with the taxi dispatch centre, including the payment transaction and the transport agreement between the taxi company and the customer.
§ 2 Rights and obligations of the contracting parties
a. Services and obligations of the taxi dispatch centre:
aa. The taxi dispatch centre provides the customer with the technical infrastructure for the cashless payment process APP Payment within the taxi app.
bb. APP Payment allows the customer to save means of payment, e.g. PayPal, credit cards or taxi customer cards. The taxi dispatch centre reserves the right to verify the validity of the means of payment when registering new means of payment by authorising a cent amount. However, the authorisation does not trigger any payment transaction. The customer can use APP Payment to pay the transport charge to which the taxi operator is entitled. The payment transaction itself is always agreed between the customer and the relevant taxi dispatch centre.
cc. It is not possible to guarantee the uninterrupted availability of APP Payment. It is also not possible to provide a guarantee for available taxis participating in the APP Payment.
dd. The taxi dispatch centre strives to ensure a high level of reliability of the payment system.
b.Obligations, services and rights of the customer
aa. The customer is obliged to send correct and truthful data to the taxi dispatch centre. Use must not cause any deterioration or overload of the taxi dispatch centre systems.
bb. The customer must pay attention to data security (username, password, PIN). In particular, no communication or disclosure of sensitive data to third parties shall take place.
cc. In the event of loss of relevant data, the taxi dispatch centre must be immediately notified via the e-mail address: firstname.lastname@example.org.
dd. The use of a functioning internet connection is part of the customer’s obligations.
ee. The user must ensure sufficient coverage of the means of payment used. As part of the registration process, the customer is obliged to provide a valid e-mail address to which only the customer has access and to which the customer`s account is linked. When registering his account, the customer deposits the existing means of payment, such as credit cards, PayPal, etc. It is not guaranteed that any means of payment can be used for payment in any city where the taxi app is used. The user agrees that the validity of the means of payment may be checked when registering new means of payment by authorising a cent amount. However, the authorisation does not trigger any payment transaction.
ff. The customer has the right to delete any means of payment from his payment account at any time, to add other means of payment under the options offered or to delete the entire account.
gg. In the APP Payment procedure, the taxi driver is never informed of the customer’s means of payment. All the above means of payment may, on the basis of the contract between the issuer of the payment instrument and the customer, give rise to additional charges charged outside APP Payment.
hh. The customer is obliged to provide a valid e-mail address and mobile phone number when registering. The e-mail address must be confirmed by e-mail verification.
ii. Use of APP Payment function presupposes ordering transport via the taxi app / taxi dispatch centre .
$ 3 Specific features of APP Payment
a. APP Payment is an alternative to the possible cash payment in the taxi. Consequently, the customer does not have to use APP Payment, it is merely another payment option for the customer.
b. The application of APP Payment requires the taxi operator to be connected to the system. Clear labelling is provided to inform the customer.
c. As part of the registration process for APP Payment, the customer selects the registered means of payment (e.g. credit card or PayPal).
d. The customer can choose a Personal Identification Number (PIN) to secure APP Payments and receipts.
e. If the customer uses PayPal, the customer pays the amount without disclosing the bank or credit card data to the taxi dispatch centre. The registration of these data and the electronic debiting process takes place directly between the customer and PayPal. PayPal charges may be charged to the customer. The customer needs a PayPal account to use the PayPal payment option.
f. If the customer uses AmazonPay, the customer pays the amount without disclosing the bank or credit card data to the taxi dispatch centre. The registration of these data and the electronic debiting process takes place directly between the customer and AmazonPay. AmazonPay fees may be charged to the customer. The customer needs an AmazonPay account to use AmazonPay’s payment option.
g. The customer is obliged to protect the account from unauthorised access and may not disclose the access data, in particular the PIN, to third parties.
h. In the event of loss or theft, an immediate notice of blocking must be sent to email@example.com.
$ 4 Costs and fares
a. In principle, the customer does not incur any costs for the use of APP Payment. There are two exceptions to this:
aa. There may be a supplement on the basis of the tariff in the case of non-cash payment. The type and level are determined by the local taxi tariffs in force.
bb. The cost of access to the Internet shall be borne by the customer.
b. The amount of the service is reported by the taxi driver or taxi entrepreneur to the taxi dispatch centre. The customer can optionally add a tip.
c. The taxi dispatch centre responsible for arranging transport may recover these amounts on behalf of its entrepreneurs.
§ 5 Conclusion of the contract and withdrawal from the contract
The contract between the taxi dispatch centre and the customer is concluded by completing the registration and accepting these GTC.
The contract ends by deleting the APP Payment account. The contract may be ended or terminated at any time by both parties which shall have immediate effect. Nevertheless, any obligations justified up to that date remain in place, in particular the customer is obliged to pay outstanding invoices, even if the account has been deleted in the meantime.
§ 6 Liability
a. Liability is in principle governed by the law.
Nevertheless, the taxi dispatch centre is not liable for minor negligence, however, this is not the case if the taxi dispatch centre is negligently in breach of particularly important obligations, known as “cardinal obligations”. In this case, the taxi dispatch centre is obliged to compensate the typically foreseeable damage.
b. Where behaviour attributable to the customer gives rise to a reversal debit, the customer shall bear the cost of the reversal debit.
c. The taxi dispatch centre does not assume any liability for the correct processing of the non-cash payment, in particular in the case of credit card, PayPal or AmazonPay payments. The user must contact his contractual partner, the payment service provider, in case of problems and disruptions in the performance of the contract, in particular in the event of erroneous bookings.
In the event of a culpable breach of the due diligence obligations by the user, see, in particular, § 2b of the GTC, the user is obliged to compensate the taxi dispatch centre for the damage caused as a result.
The taxi dispatch centre is exempted from liability by the customer in the event of a breach of the law by the customer, in particular in the event of a breach of the obligations referred to in § 2b.
§ 7 Data protection
The taxi dispatch centre collects, processes and uses operational and personal data under the law (name, address, telephone number, e-mail address) for the performance of a contract to which the customer is party and for the implementation of pre-contractual measures (Article 6 (1) (b) GDPR). In this context, the customer also expressly agrees to the collection, processing and use of his personal data by the taxi dispatch centre and its technical service providers and partners according to Annex 1.
The customer consents to the use of GPS data in APP Payment for billing the journey (departure and destination address, time of departure and time of arrival) and to the automatic transfer of these trip data to the automatically generated receipt or invoice. Such data shall be erased in accordance with the legal provisions.
The data necessary for the receipts will be deleted when the customer removes his receipts from the taxi app.
§ 8 Applicable law and place of jurisdiction
Unless mandatory statutory provisions provide otherwise, Austrian law and exclusive jurisdiction in Vienna apply.
§ 9 Severability clause
Should any provision of the contract or of these GTC, or any provision incorporated in the future, be wholly or partially ineffective or impracticable, or should its legal effect or feasibility subsequently cease to exist, the validity of the other provisions shall not be affected. The same applies if it should turn out that there is a regulatory lacuna. The parties agree that, in place of the ineffective or impracticable provisions or to fill in the lacuna, appropriate regulation should be adopted which, as far as is legally possible, is closest to what they intended or would have intended in accordance with the spirit and purpose of the contract if the ineffectiveness, impracticability or lacuna had been known. This also applies where the invalidity of a provision is based, for example, on a level of performance or time (deadline or time) required by the contract; A legally acceptable level of service or time (deadline or time), which is as close as possible to what was intended, should then be deemed to have been agreed.
Vienna, April 2021