GENERAL TERMS AND CONDITIONS OF TAXISY GMBH (TAXISY) FOR THE BROKERAGE OF TRANSPORTATION 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 for the brokerage of transportation contracts are issued, even if they are concluded without reference to these GTC.

§ 2 SUBJECT MATTER OF THE CONTRACT

2.1 TAXISY offers cab operators the brokerage of transportation contracts with passengers against payment. The mediation of transport contracts takes place via the TAXISY app and website, which TAXISY makes available to the cab operator.

2.2 By means of the TAXISY services, passengers have the possibility to send requests for cab rides. The cab operator, in turn, has the possibility to submit an offer for cab rides requested by passengers via TAXISY. The passenger specifies in his request at least the pick-up place and time. The passenger can also specify a destination. If a destination has been specified, the cab operator must already quantify his offer with a concrete fare. If the passenger does not specify a destination, the price is determined according to the current cab rates or the free agreement between the cab operator and the passenger. If the passenger agrees to an offer of a participating cab company by clicking the button "Call cab" or pays the offered fare online, the transportation contract is concluded directly between the passenger and the cab company. The conclusion of a transportation contract via the TAXISY services triggers a commission claim by TAXISY for the mediation of the transportation contract (see § 4).

§ 3 TECHNICAL REQUIREMENTS, AVAILABILITY OF CAB SERVICES

3.1 In order to use the TAXISY app or website, the cab operator requires an Internet-capable (mobile) end device, such as a smartphone or a tablet PC. The cab entrepreneur himself must ensure that he has suitable hardware and software for using the TAXISY services. He must also ensure himself that he has suitable Internet access.

3.2 The TAXISY services are 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. However, TAXISY strives for the highest possible availability. Outages due to maintenance measures will be notified to the cab operator in advance.

3.3 If the cab operator employs several drivers, it is possible to create a separate driver account with limited functionality for each driver.

3.4 The cab entrepreneur has the possibility to create partner companies such as hotels, restaurants or medical practices in the TAXISY platform. Requests from his partner companies are available for the first 20 seconds exclusively to the cab operator who has created the partner company in the TAXISY platform. If this cab operator does not submit an offer for the requested cab ride within 20 seconds, the partner company's request is also visible to all other participating cab operators, who can also submit corresponding offers.

§ 4 PROVISION

4.1 Each conclusion of a transportation contract via the TAXISY app triggers a commission claim of TAXISY for the mediation of the transportation contract against the cab operator.

4.2 The amount of the commissions and platform fees is shown in the individual contract between TAXISY and the cab operator.

4.3 The payment of the commission depends on the payment method chosen by the passenger. In case of payment via the website/app by means of online payment, the settlement d is made by the payment service provider stripe (Stripe, Inc., 510 Townsend Street, San Francisco, CA 94103, USA). Therefore, in addition to these T&Cs, the cab operator must also agree to stripe's T&Cs. Stripe transmits the total amount directly to TAXISY. TAXISY settles fees, commissions and retained payments with the cab operator at the beginning of the following month. If the passenger pays directly in the cab after the cab ride, the commission is paid to TAXISY by means of a fixed commission.

§ 5 DUTIES OF THE CAB OPERATOR

5.1 When registering in the app, the cab operator is obliged to provide his personal data (first name, last name, e-mail address, telephone number, company), bank details (IBAN) and billing address. Furthermore, the cab entrepreneur selects a user name and a password during registration, which is required for logging into the TAXISY services after successful registration.

5.2 The cab operator shall provide written proof of its valid cab concession at the time of registration. The cab entrepreneur informs TAXISY immediately about all changes regarding his cab concession. The cab operator ensures that all legal and official requirements for operating the cab business are met and that all drivers have the necessary driving authorization.

5.3 If the passenger and the cab company have concluded a transportation contract via TAXISY by the passenger clicking the "Call cab" button, the cab company is obliged to duly execute the transportation order according to the passenger's request.

§ 6 TERM OF THE CONTRACT, TERMINATION OF THE CONTRACT

6.1 The contract for the mediation of transportation contracts is concluded for an indefinite period of time.

6.2 The contractual relationship may be terminated by either party, even without giving reasons, subject to a notice period of 14 days. Notice of termination must be given in writing, whereby e-mails comply with the written form requirement.

6.3 The right to extraordinary termination for good cause remains unaffected for both parties. In particular, the cab operator shall set an important reason for extraordinary termination by TAXISY in the following cases:
- The cab operator does not (no longer) have the necessary cab license.
- He himself or a cab driver employed by him does not have the necessary driving authorization.
- The cab operator repeatedly fails to properly execute binding contracts of carriage with passengers.

§ 7 WARRANTY, COMPENSATION FOR DAMAGES

7.1 TAXISY acts only as an intermediary of transportation contracts between the cab operator and the passenger. TAXISY cannot guarantee and assumes no liability that a concluded transportation contract between the cab operator and a passenger can actually be carried out.

7.2 TAXISY endeavors to ensure the unrestricted accessibility and usability of the TAXI-SY services, but cannot guarantee that the TAXISY services will always be available without interruption or error.

7.3 TAXISY is not liable for the payment of the fee for the concluded transportation contracts, neither if the passenger does not appear at the specified pick-up place, nor if the passenger does not pay the transportation fee despite the fulfillment of the transportation contract by the cab operator. Accordingly, the passenger is solely responsible for the proper payment of the transportation contract and TAXISY cannot assume any warranty or liability for the proper payment of the transportation contract by the passenger. Claims arising from the transportation contract should therefore be addressed directly to the passenger.

7.4 The cab operator is responsible for the proper execution of the transportation contract with the passenger, in particular for safety and punctuality. Therefore, the respective cab operator is exclusively liable for damages incurred by a passenger within the framework of the brokered transport contract.

7.5 Claims for damages of the cab entrepreneur from the violation of contractual obligations of TAXISY, i.e. from the mediation of transport contracts, are excluded by mutual agreement in cases of slight negligence. Liability of TAXISY for damages incurred by the cab entrepreneur within the framework of the transport service is excluded.

7.6 Compensation claims of the cab operator against TAXISY are subject to a limitation period of six (6) months from knowledge of the damage and the damaging party. Liability for consequential damages and lost profits is excluded.

7.7 Insofar as the liability of TAXISY is excluded or limited, this also applies to the personal liability of the employees, representatives and vicarious agents of TAXISY.

§ 8 DATA PROTECTION

8.1 Within the framework of the conclusion of the contract, TAXISY stores and processes personal data of the cab entrepreneur (first name, last name, e-mail address, telephone number, company), his bank data and the billing address of the cab entrepreneur. These data are processed - unless there is an additional, explicit consent of the cab entrepreneur - only for the purpose of arranging transport contracts and processing payment. This data is collected lawfully in accordance with Art 6 para 1 lit b of the General Data Protection Regulation (hereinafter referred to as "DSGVO"), as it is necessary for the fulfillment of the contract between TAXISY and the cab operator. Without the provision of this data, therefore, no mediation of transport contracts can take place. If the contractual relationship is terminated, the stored data of the cab operator will also be deleted, unless there is another legal reason for further use (in particular express consent of the cab operator, statutory retention periods). Personal data of the cab operator will only be disclosed to the payment service provider stripe as well as to passengers, if this is absolutely necessary for the fulfillment of this contract or for the fulfillment of the legitimate interests of the passenger.

8.2 The cab entrepreneur, if he is a natural person, 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 cab entrepreneur can demand a correction of the data. If the legal requirements are met, the cab entrepreneur also has a right to deletion (Art 17 DSGVO), to restriction of processing (Art 18f DSG-VO) and to data portability (Art 20 DSGVO). A German version of the DSGVO can be found for your information at the following link: http://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:32016R0679&from=DE

If you have any questions about the processing of your data, cab operators can contact TAXISY at the following address: Taxisy GmbH, Schwendauer Straße 195, A-6290 Mayrhofen, hallo@taxisy.com.

8.3 If the cab operator is a natural person and believes that TAXISY violates legal provisions when processing his data, he has the right to complain to a supervisory authority (in Austria this is the data protection authority).

§ 10 PLACE OF JURISDICTION AND FINAL PROVISIONS

10.1 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.

10.2 The contractual relationship between TAXISY and the cab operator 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.

10.3 For all disputes arising from the contractual relationship, the court with subject matter jurisdiction for A-6290 Mayrhofen, Austria, shall have exclusive jurisdiction. TAXISY is, however, also entitled to choose any other legally permissible place of jurisdiction.

10.4 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.

***As of: 01/31/2022***

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