General Terms and Conditions for Passengers
United Kingdom of instataxi 87 chambercombe road Ilfracombe north devon EX34 9PQ (hereinafter: "INSTA TAXI "), email:firstname.lastname@example.org
These General Terms and Conditions for Passengers ("Terms and Conditions") apply to the services which are offered by instataxi to the passengers ("instataxi") via the instataxi app or the instataxi website www.instataxis.com. or via websites and apps operated by third party cooperation partners ("Third Party Services"). The usage 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 instataxi 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 instataxi Services, the passenger is required to accept during the registration process these Terms and Conditions to be concluded between instataxi as the provider of the instataxi Services and the passenger.
1. instataxi Services
1.1 instataxi offers the instataxi Services to the passenger. The instataxi Services consist merely of the procurement of taxi transportation services upon request by a passenger. The instataxi Services are provided to the passengers via the instataxi website or instataxi app or via the Third Party Services; the instataxi 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. instataxi 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 instataxi does not charge the passenger any fees for the use of the instataxi Services. 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.
1.4 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 instataxi Services, instataxi provides to the passenger free of charge the instataxi app subject to the requirements and conditions set out in these Terms and Conditions (in particular Sec. 7) which the passenger may install on the mobile end-device.
1.5 The passenger is at his expense solely responsible for the internet access necessary to access the instataxi Services, the technical requirements (including necessary updates), and the configuration and capability of the device (including mobile end-devices) for using the instataxi Services and the instataxi app.
1.6 intsataxi is not responsible for the correctness or completeness of the data being transmitted by the intsataxi Services or for data reaching the passenger in a timely manner.
2. Location data and data privacy
3. Modifications and Suspension; Availability
3.1 intsataxi reserves the right to modify the intsataxi application at any time in a form reasonably acceptable for the passenger for the purposes of advancement and quality improvement. Furthermore, intsataxi reserves the right to discontinue or suspend the intsataxi Services at any time permanently or temporarily, even without informing the passengers individually. Information on any permanent or temporary suspension shall be provided only via the homepage www.intsataxi.com.
3.2 The passenger shall have no right to claim the continuous and uninterrupted availability of the intsataxi Services.
4. intsataxi Payment for Taxi Services
4.1 The passenger can pay the taxi driver for the taxi transportation services in cash after completion of the taxi trip. Alternatively, intsataxi and the respective taxi driver may offer to eligible passengers the option to pay the taxi fares owed to the taxi driver cash-free via the intsataxi app. For this purpose, the passenger must select "intsataxi Payment" via the intsataxi app when ordering the taxi (such taxi trip is hereinafter referred to as "intsataxi Payment Trip"). Any payment for a intsataxi Payment Trip via "intsataxi Payment" must not exceed an amount of GBP 300. intsataxi may limit the amount that can be paid via "intsataxi Payment" as communicated to the passenger when ordering the taxi. Whenever the passenger choses to pay via „intsataxi Payment“, the taxi driver will have assigned his or her payment claim against the passenger to intsataxi under a framework agreement between intsataxi and the respective taxi driver. Once the payment by the passenger has been received by intsataxi this payment will, therefore, settle the claim for the taxi transportation service assigned to intsataxi by the taxi driver. intsataxi 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.
4.2 In order to be an eligible passenger for the "intsataxi Payment Trip", the passenger must provide the details of his/her valid payment method(s) (e.g. credit card details or PayPal account details) in the intsataxi app to be stored by intsataxi and must select an individual identification code (e.g. PIN or Password) or must select another authorization method. The individual identification code is necessary for the passenger to authorize the payment of a intsataxi Payment Trip. The passenger may change, adjust or cancel his/her choice of the payment method for intsataxi Payment Trips at any time in the intsataxi app. Furthermore, the passenger may choose during the payment process which of the payment methods for intsataxi Payment Trips he/she wants to use for the respective payment.
4.3 The payment for the taxi transportation service will be authorised by the passenger through the intsataxi app, for example through the following processes: (i) the passenger opens the intsataxi app on his mobile phone and enters the identification code within the intsataxi app or (ii) the passenger opens the intsataxi app on his mobile phone by entering his intsataxi app login password (password set by the passenger upon the registration) and the identification code is already pre-stored in the intsataxi app or (iii) the passenger opens the intsataxi app on his mobile phone and uses another agreed authorization method. In this case, the passenger confirms his authorisation for the payment merely by clicking, swiping, tapping, using the mobile phone function, by using a Fingerprint ID function or otherwise via any other authorization method.
4.4 If the passenger chooses PayPal as payment method, he/she shall pay the final amount specified by him/her in the payment process to intsataxi, excluding the disclosure of his/her bank details to intsataxi. The payment by PayPal involves an automatic debit process (electronic direct debit system) or charging process (credit card payment) exclusively between the passenger and PayPal itself. Under the PayPal terms and conditions of use, additional fees may be charged to the passenger when using the PayPal service. In order to use the PayPal payment service for payments to intsataxi, the passenger must open a PayPal account with PayPal and confirm the PayPal payment to intsataxi when making the payment. Under the PayPal terms and conditions of use, PayPal expressly reserves the right to debit the passenger’s PayPal account with the different payment amounts during the payment process.
4.5 Even after selecting "intsataxi Payment" during the ordering process, the passenger is still free to pay directly to the taxi driver in cash.
4.6 If the passenger chooses to pay the fare by way of a intsataxi Payment Trip, he/she shall make the payment in the amount of the gross fare and a gratuity in an amount freely set by him/her, if any.
4.7 Immediately after setting and entering his/her individual identification code and/or login password, the passenger is obliged to take all reasonable precautions to protect the individual identification code and/or login password against unauthorized access by any third party. In particular, the passenger is not authorized to disclose his/her individual identification code and/or login password to any third party. The passenger is also obliged to report any loss, theft or misuse of his/her individual identification code or login password or of his/her mobile end-device used for the intsataxi services and intsataxi-Payment Trip, or any other non-authorized use of his/her intsataxi Services user account or individual identification code or login password or a corresponding suspicion without undue delay by telephone and, additionally, without undue delay in writing after he/she has become aware thereof (hereinafter referred to as "Blocking Notification"). Contact details are included in the introduction and at the end of these Terms and Conditions.
4.8 If the passenger chooses to pay the fare by way of a intsataxi Payment Trip, he/she waives reception of a hard-copy receipt and accepts that the receipt for the taxi fare is sent to him/her as an email to the address saved by him/her in the intsataxi Services.
4.9 intsataxi expressly reserves the right to refrain from offering certain payment methods in any individual case.
4.10 intsataxi expressly reserves the right to block the user account or the feature "intsataxi-Payment" for a passenger permanently or temporarily or to require the passenger to set a new individual identification code if this is justified by objective reasons in connection with the security of the passenger’s individual identification code or user account or if there is the suspicion of an unauthorized or fraudulent use of the user account or of the passenger’s individual identification code. In such cases, intsataxi undertakes to inform the passenger about the blockage of his/her user account or the feature "intsataxi Payment" before blocking the user account or this feature, if possible, but without undue delay thereafter at the latest, stating the decisive reasons for the blockage, as far as this is legally permissible.
4.11 The processing of the cashless payment initiated via "intsataxi Payment" is the responsibility of the payment services provider or payment agent. In the case of false entries or erroneous entries by the passenger and in the case of technical interruptions in the payment process, the passenger shall contact the payment service provider and/or payment agent.
4.12 If the passenger chooses to pay the fare by way of direct debit system, he/she shall ensure that there are sufficient funds in the bank account to be debited. If the funds in the bank account are not sufficient at the time intsataxi tries to debit the account, the passenger shall bear the fees and costs (e.g. costs of the charge-back) incurred by intsataxi as a consequence of the insufficient bank account funds.
4.13 If the passenger is in default with the payment using the option selected by him/her, intsataxi will be entitled to charge default interest at a rate of 5 percentage points above the Bank of England base rate p.a., plus a service fee of GBP 15.00 (unless the passenger proves that intsataxi has not suffered any damages or incurred any additional costs in this case or that the damages suffered/additional costs incurred are less than GBP 15.00 in which case the passenger must only pay the actual damages suffered/additional costs incurred). If intsataxi has incurred higher damages from the default and can provide evidence thereof, intsataxi is entitled to claim compensation for such higher damages.
4.14 After the passenger has sent a Blocking Notification to intsataxi, intsataxi shall bear the damages incurred from the use of the blocked user account itself.
5. Term and Termination
5.1 The Terms and Conditions shall commence on the date of acceptance by the passenger and shall be valid for an indefinite period of time.
5.2 Both parties have the right to terminate the Terms and Conditions at any time by giving notice in textual form (e.g., via email to address stated in the introduction and at the end of these Terms and Conditions).
5.3 After termination of the Terms and Conditions, the passenger may no longer pay the fare owed by him/her to the taxi driver via "intsataxi Payment".
6.1 intsataxi 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.
6.2 intsataxi’s contractual liability for damages other than in case of gross negligence and wilful misconduct shall be limited as follows:
(i) intsataxi does not provide the taxi transportation services and shall therefore not be liable for damages deriving from such services;
(ii) intsataxi shall not be liable for the information provided by taxi driver;
(iii) intsataxi shall not be liable for any direct or indirect damage or loss due to the use of the intsataxi Services.
6.3 intsataxi 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 intsataxi Services.
6.4 If defective digital content which intsataxi 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.
6.5 intsataxi is not liable for business losses. intsataxi 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.
6.6 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.
6.7 As the services offered by intsataxi 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.
7. Intellectual Property
7.1 intsataxi and its respective licensors reserve any copyright and other intellectual property rights in the software used for the intsataxi app. Subject to the conditions of the Terms and Conditions, intsataxi grants the passenger a limited right to install the intsataxi app on the mobile end-device of the passenger and to use the intsataxi app for the sole purposes of using the intsataxi 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 intsataxi app, or copies thereof. Furthermore, the passenger shall not decompile or disassemble the intsataxi app unless permitted by applicable law.
7.2 intsataxi and its respective licensors reserve any copyright and other intellectual property rights with regard to the content of the intsataxi website and intsataxi app, in particular texts, illustrations, graphics, layouts, pictures, audio and video as well as their selection and arrangement, and any other information on the intsataxi website and intsataxi 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 intsataxi’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 intsataxi website and intsataxi app and display of the Website Contents). Any rights to marks used on the intsataxi website and intsataxi app (trademarks, trade names and titles) are reserved by their respective owners.
8. General Obligations of the Passenger
8.1 The passenger shall use the intsataxi Services in compliance with applicable laws and regulations, shall not impair, overload or damage the intsataxi Services and shall not jeopardize or bypass the intended purpose of the intsataxi Services. The passenger shall neither personally nor through third parties bypass or modify the security precautions of the intsataxi Services.
8.2 The passenger shall keep his/her username, identification code and login password safe and not disclose them to third parties or provide third parties with access to the passenger-restricted areas of the intsataxi Services. The passenger is solely responsible for the confidentiality and security of his/her user account with the intsataxi Services. The passenger must immediately report any unauthorized use of the intsataxi Services, of which he/she is aware, to intsataxi.
8.3 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 intsataxi 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. Responsibility for Contents
9.1 The responsibility of passenger-generated content published and transmitted by the passenger through the intsataxi Services lies solely with the publishing passenger.
9.2 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.
9.3 intsataxi has the right, and may be obliged by law, to remove any passenger-generated content that violates section 9.2 from the intsataxi Services. However, intsataxi is not required to verify the content.
10. Final Provisions
10.1 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.
10.2 The contractual relationship between the passenger and intsataxi, 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.
10.3 intsataxi may amend these Terms and Conditions to the extent such changes are reasonable for the passengers. Such changes will never include payment obligations or similar burdening obligations for the passenger. intsataxi will publish any amendments on the intsataxi website, giving reasonable notice and time for the passenger to terminate the agreement with respect changes that are not reasonably insignificant to the passenger.
10.4 intsataxi is neither obliged nor voluntarily committed to use Alternative Dispute Resolution entities to resolve disputes with consumers.
10.5 The EU Commission has created an Internet platform for online dispute resolution (so-called "ODR-Platform"). The ODR-Platform has been set up by the EU to help unsatisfied customers. You can use the ODR-Platform to make a complaint about a good or service you bought over the Internet and find a neutral third party ("dispute resolution body") to handle the dispute. You can access the ODR-Platform via the following link: ec.europa.eu/consumers/odr.
Last updated: November 2018
87 chambercombe road