GENERAL TERMS AND CONDITIONS FOR CUSTOMERS OF TAXISY GMBH (TAXISY)
FOR THE MEDIATION OF PROMOTION CONTRACTS
§ 1 SCOPE
1.1 These General Terms and Conditions (GTC) apply to the brokerage of transportation contracts by TAXISY. Deviations from these GTC can only be agreed in writing.
1.2 These GTC shall also apply to all future business transactions until new GTC are issued for the brokerage of promotion contracts, even if these are concluded without reference to these GTC.
§ 2 SUBJECT MATTER OF THE CONTRACT
2.1 TAXISY provides the customer with the TAXISY app and website free of charge. By means of TAXISY, customers have the possibility to conclude transportation contracts with a participating licensed cab operator for cab trips requested by the customer. The transportation contract is concluded directly between the customer and the cab operator, whose contact details can be found on the TAXISY website. TAXISY exclusively provides an intermediary service for transportation services between the customer and the licensed cab operator.
2.2 The customer can make requests for cab rides by specifying the pickup location and pickup time in the app. If the customer also specifies a destination when making the request, the offers of the cab companies are displayed to the customer together with the specific fare. If the customer does not specify a destination, the price is not determined via the app, but during the cab ride according to the generally applicable cab rates. The offer of a participating cab company is accepted by clicking on the button "Call cab", with acceptance of the cab company, the transport contract with the cab company is concluded.
§ 3 DESCRIPTION OF SERVICES, AVAILABILITY
3.1 TAXISY provides the TAXISY app and webiste to the customer free of charge. The customer only needs an Internet-capable (mobile) end device, such as a smartphone or a tablet PC, to use the website/app. The customer himself has to ensure that suitable software as well as hardware for the use of TAXISY is used. He must also ensure that he has suitable Internet access.
3.2 The TAXISY Service is generally available 24 hours a day, seven days a week, 52 weeks a year. However, TAXISY cannot guarantee the uninterrupted availability of the services and the functions contained therein. TAXISY shall, however, endeavor to ensure the highest possible availability.
§ 4 OBLIGATIONS OF THE CUSTOMER
4.1 The Customer is obliged to provide his/her telephone number when registering in the App. The phone number is required each time the customer logs in to the website / app. The provision of the customer's name is mandatory for the order. Further personal data can optionally be provided by the customer, but does not have to be provided.
4.2 The Customer is obliged to pay the fee for the concluded transportation contracts itself to the cab operator with whom the Customer concludes a transportation contract by clicking the "Call cab" button. The payment of the cab operator is made either through the website/app using connected payment methods or directly in the cab following the fulfillment of the transportation contract. When paying via the Website/App, the Customer must provide the credit card number, card verification number, information on the validity period of the credit card, as well as his/her first name and last name. The payment is not processed by TA-XISY, but by the payment service provider stripe (Stripe, Inc., 510 Townsend Street, San Francisco, CA 94103, USA) . Online payments via the website/app are forwarded directly to TAXISY by stripe. Should the customer select the option of online payment via the website/app, he/she must also agree to stripe's GTC in addition to these GTC. The payment in the cab can be made via all payment methods offered directly in the cab (e.g. cash, credit card, debit card).
§ 5 TERM OF THE CONTRACT, TERMINATION OF THE CONTRACT
5.1 The contract for the use of the website/app is concluded for an indefinite period. The contractual relationship may be terminated by either party at any time.
5.2 If a customer orders transportation services via TAXISY with payment obligation, but then does not use them, TAXISY reserves the right to exclude this customer from using the website/app. Possible claims for damages of the cab company remain unaffected.
§ 6 WARRANTY, COMPENSATION FOR DAMAGES
6.1 TAXISY acts only as an intermediary of transportation contracts between the customer and a cab operator. Accordingly, the proper execution of the transportation contract is the sole responsibility of the corresponding cab operator and TAXISY cannot assume any warranty or liability for the proper execution of the transportation contract. Claims arising from the transportation contract should therefore be addressed directly to the performing cab operator. TAXISY can also not guarantee and assumes no liability for the fact that a transportation contract between the customer and a cab operator is actually concluded.
6.2 TAXISY takes care that all cab entrepreneurs who offer transportation contracts via TAXISY must provide proof of their valid concession when registering for the TAXISY app and inform TAXISY immediately of any changes regarding their concession. However, TAXISY is not able to check or monitor the individual suitability of cab operators and/or the individual fitness of drivers to drive.
6.3 TAXISY endeavors to ensure the unrestricted accessibility and usability of the TAXISY services, but cannot guarantee that the TAXISY website/app will always be available without interruption or error-free.
6.4 Claims for damages from the violation of contractual obligations of TAXISY, i.e. from the mediation of transportation contracts, are excluded by mutual agreement in cases of slight negligence. Liability of TAXISY for damages incurred by customers during the transportation service is excluded. The cab operator is responsible for the proper execution of his transport contract with the customer, in particular for safety and punctuality. For damages incurred by customers within the framework of the brokered transport contract, the respective cab operator is therefore exclusively liable.
6.5 If the customer is an entrepreneur, claims for compensation shall become statute-barred six (6) months after knowledge of the damage and the damaging party. An exclusion of liability for consequential harm caused by a defect and loss of profit shall also apply to entrepreneurs.
6.6 Insofar as TAXISY's liability is excluded or limited, this also applies to the personal liability of TAXISY's employees, representatives and vicarious agents.
§ 7 DATA PROTECTION
7.1 Within the framework of the conclusion of the contract TAXISY stores and processes the name, the telephone number of the customer, if payments are made directly online TAXISY also stores and processes the payment data such as credit card number, card verification number, information on the validity period of the credit card and the first name and last name of the cardholder. This data is processed - unless the customer has given his express consent to the contrary - solely for the purpose of arranging transport contracts and processing payment. These data are collected lawfully in accordance with Art 6 para 1 lit b of the General Data Protection Regulation (hereinafter referred to as "DSGVO"), as they are necessary for the fulfillment of the contract between TAXISY and the customer. Without the provision of this data, therefore, no mediation of transport contracts can take place. If the account with TAXISY is deleted by the customer, the stored data will also be deleted, unless there is another legal reason for further use (in particular express consent of the customer, legal retention periods). Personal data of the customer will only be passed on to the payment service provider stripe as well as to cab operators, if this is absolutely necessary for the fulfillment of this contract or for the fulfillment of the legitimate interests of the cab operator. Data voluntarily provided by the customer will be processed in accordance with the purpose stated or intended by the customer and deleted after the purpose has been fulfilled.
7.2 The customer has the right at any time to request information about which data TAXISY has collected from him. If the recorded data is or becomes incorrect, the customer can demand a correction of the data. If the legal requirements are met, the customer also has a right to deletion (Art 17 DSGVO), to restriction of processing (Art 18f DSGVO) and to data portability (Art 20 DSGVO). A German version of the DSGVO can be found for your information under the following link: http://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:32016R0679&from=DE
If customers have any questions about the processing of their data, they can contact TAXISY at the following address: Taxisy GmbH, Schwendauer Straße 195, A-6290 Mayrhofen, firstname.lastname@example.org.
7.3 If the customer is of the opinion that TAXISY violates legal provisions in the processing of his data, he has the right to complain to a supervisory authority (in Austria this is the data protection authority).
§ 8 PLACE OF JURISDICTION AND FINAL PROVISIONS
8.1 Amendments, supplements and ancillary agreements to these GTC as well as assurances of any kind and declarations to TAXISY must be in writing to be effective. This also applies to the agreement to deviate from this formal requirement.
8.2 The contractual relationship between TAXISY and the customer shall be governed by the laws of the Republic of Austria, excluding the conflict of laws provisions of the International Private Law Act (IPRG) and Rome I. Contractual language is German.
8.3 For all disputes arising from the contractual relationship, if the customer is an entrepreneur, a legal entity under public law or a special fund under public law, or has his residence or business headquarters outside of Austria, the court with subject matter jurisdiction for A-6290 Mayrhofen Austria, is exclusively responsible. TAXISY is, however, also entitled to choose any other legally permissible place of jurisdiction.
8.4 Should individual provisions of these GTC be invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. In this case, a new provision will be made in place of the invalid provision, which corresponds or comes closest to the economic purpose of the invalid provision or the presumed intention of TAXISY.