Terms And Conditions
1.1. These Terms govern your access to and use of TakeTaxi EUs mobile apps and/or websites ("Terms"). You should read and agree to the Terms carefully before accessing or using TakeTaxi EUs mobile apps and/or websites. With your consent to the validity of these conditions in the context of your registration and the confirmation of your registration by us, a contractual relationship between you and TakeTaxi EU is established.
If you do not agree to these Terms, you will not be able to access and use the TakeTaxi EU mobile apps and/or websites. These Terms supersede all prior agreements and understandings regarding the App/Website Services (as defined in Section 2.1) between you and TakeTaxi EU These Terms are available in German. The text of the contract will not be stored by us.
2. App/Website Services
2.1. In addition to the TakeTaxi EU (see section 4 below), TakeTaxi EU provides you with services that include:
2.1.1. Access and use of the TakeTaxi EU mobile apps and/or websites that enable you to request and use the third-party services and/or TakeTaxi EU;
2.1.2. Services relating to the receipt and execution of payments (including the preparation of invoices and supporting documents on behalf of third parties) that enable us to collect amounts from you and - in connection with third-party services - to the bank accounts of the third-party providers or - concerning TakeTaxi EU - to TakeTaxi EU accounts.
3. Third-party services
For third-party services, TakeTaxi EU acts as an externally recognizable and designated intermediary between you and the third-party providers in order to enable them to offer you their third-party services. TakeTaxi EU does not provide the third-party services itself. All third party service providers are independent third party contractors, contractors or other entities who are not employed by TakeTaxi EU and do not act as TakeTaxi EUs subcontractors, agents or on behalf of TakeTaxi EU.
4. TakeTaxi EU operates as a purely intermediary agency.
5. Registration and use of the app/website services
5.1. TakeTaxi EUs mobile apps and/or websites can be downloaded or accessed on most modern mobile devices with Internet access equipped with popular operating systems such as Android or iOS.
5.2. You are responsible for the access to the Internet, which is a prerequisite for the use of the App/Website Services, as well as for all costs and charges of your mobile network operator, including data consumption when using TakeTaxi EUs mobile app(s) and/or website(s). You are also responsible for accessing compatible devices and operating systems necessary to use the App/Website Services, including any software or hardware updates.
5.3. To use the App/Website Services, you must register with TakeTaxi EUs mobile app(s) and/or website(s) and create an account. You can correct input errors at any time via the corresponding functionality in the TakeTaxi EU mobile app or on the TakeTaxi EU website. At the time of registration, you must be at least eighteen (18) years of age or, if different, have reached the age required for full legal capacity in the country in which you register.
5.4. To register, you must provide us with certain personal information, including your telephone number and email address. To use the App/Website Services, TakeTaxi EU and certain third party services, you must provide at least one valid payment method (credit card, debit card or other accepted payment method). It is possible that before using certain TakeTaxi EU or third-party services, additional information such as in eg. Your address and documents will be requested.
6. Your Duties
6.1. You must not violate any applicable laws or other legal provisions when using the App/Website Services. You may use the App/Website Services only for lawful purposes and for purposes for which they are intended. You may not misuse the TakeTaxi EU mobile app(s) and/or website(s) or attempt to harm us or third parties (e.B. fraudulently)
6.2. When creating an account and using the App/Website Services, you must provide correct and complete information.
6.3. Your Account is for you only. It cannot be sublicensed or shared unless expressly permitted by us in text form. Once you have set up an account,
- you may not register for an additional account unless we agree to this at least in text form;
- you may not allow third parties to use your account and may not transfer your account to third parties;
- you must keep your required account information accurate, complete and up to date;
- you must keep your login details confidential at all times and
- you must notify us immediately if for any reason you suspect that someone else knows your username or password or that someone else is using your account.
6.4. You are responsible for all fees or costs arising from the use of third-party services or TakeTaxi EU requested via your account, provided that you are responsible for the corresponding use of the account or that this can be attributed to you in any other way.
6.5. When you use the App/Website Services, it is not permitted to harass third party service providers, TakeTaxi EU or other third parties, to impair their rights or to cause damage to their property.
7. Costs and payments
7.1. Costs for the App/Website Services
7.1.1. The use of the app/website services is free of charge. However, we reserve the right to introduce a usage fee, of which you will be informed in writing in this case and whereby you will have the opportunity to terminate the contractual relationship before such a fee is introduced. If you choose to cancel, you will no longer have access to the App/Website Services and will no longer be able to use them.
7.1.2. We reserve the right to introduce a fee for certain elements on TakeTaxi EUs mobile app(s) and/or website(s). This will be subject to separate regulations.
7.2. Costs for third-party services and TakeTaxi EU
7.2.1. If you submit a request via TakeTaxi EUs Mobile App(s) and/or Website(s), you agree to pay the relevant costs displayed on TakeTaxi EUs Mobile App(s) and/or Website(s) and are responsible for any costs or fees associated with your Account in accordance with Clause 6.4.
7.2.2. Depending on the TakeTaxi EU direct service or third-party services used, the location and, if applicable, other factors, the costs incurred in making a claim may be displayed on the TakeTaxi EU mobile app(s) and/or website(s) before you make your request. In other cases, the costs depend on your specific way of using the third-party services or the TakeTaxi EU and we can only provide a cost estimate and/or the factors underlying the cost calculation (such as cost per minute and/or kilometer). Please note that the amount ultimately charged to you may differ from the cost estimate.
7.2.3. In the context of the use of third-party services or TakeTaxi EU, in the event of any damage, you may be charged additional costs in the amount of the damage actually incurred (such as.B repair or cleaning fees), by third-party providers (for third-party services) or by TakeTaxi EU (for TakeTaxi EU- ), provided that you have culpably caused the damage.
7.2.4. In cases where third-party services or TakeTaxi EU cannot be provided due to an act or omission for which you are responsible (for example, if you are not present at the agreed place at the agreed time to collect a collection), the costs due for the respective third-party service ordered or TakeTaxi EU direct service are to be paid without deduction. TakeTaxi EU or the third-party provider will have any saved expenses credited.
7.2.5. As soon as the third-party service or the TakeTaxi EU service has been provided, we may bill you for it, if necessary on behalf of the third-party provider. Where applicable, the applicable value added tax will be shown on the invoice.
7.3.1. For more information on costs in general, any additional costs, fees and/or lump-sum damages incurred in connection with the relevant third-party services or TakeTaxi EU, please refer to the help section of the TakeTaxi EU mobile app(s) and/or website(s). In the case of lump-sum damages, you are expressly permitted to prove that damage has not occurred at all or in a significantly lower amount than the lump sum.
7.3.2. Prices may be changed from time to time with effect for the future in the TakeTaxi EU mobile apps and/or websites.
7.3.3. The costs do not include tips. You can tip in person or (if available).
7.3.4. Unless otherwise agreed, all costs are due immediately upon submission of a request and we will charge the payment method associated with your account and selected for the respective claim. You will then receive an overview of the journey and costs from us by e-mail. Invoices are kept available for retrieval in the login area of your profile. You agree that invoices will only be made available in electronic form. If the payment cannot be made via the payment method you have selected, we can - if available - access other payment methods stored in your account to arrange the payment of the costs. If the payment method(s) you have deposited is not reliable, we reserve the right to make further attempts at reasonable intervals to collect the amount owed.
7.3.5. The costs and fees include all applicable taxes, including VAT.
8.1. General In some cases, it is not possible to cancel a request for third-party services and TakeTaxi EU after it has been accepted. For certain third-party services, the third-party providers or TakeTaxi EU may allow a request to be cancelled. In these cases, however, you may be charged the cancellation fee displayed prior to cancellation.
8.2. Cancellation TakeTaxi EU and/or the third-party provider may refuse requests and cancel the third-party services or TakeTaxi EU if concrete evidence justifies doubts as to the correctness or authenticity of the request or the contact information.
8.3. Free cancellation 2 hours before pick up time.
9. Your liability
You shall be liable to us for any breach of these Terms or misuse of the App/Website Services for which you are responsible, a culpable breach of the law committed by you or culpable breach of third party rights for damages suffered by TakeTaxi EU in accordance with the relevant statutory provisions. You are liable for all activities carried out through your account, if you authorize or otherwise have the right to do so.
It is particularly important to us to provide the app/website services as far as possible without restrictions, delays or other problems. However, the App/Website Services may be affected in particular by technical limitations, delays and/or other problems over which we have no control and which are characteristic of the Internet and electronic/digital communication. Therefore, we do not have a specific minimum availability for the free app/website services and no specific response or troubleshooting time is due to any restrictions, delays or other problems that may occur.
11. Liability and Limitation of Liability
11.1. No responsibility for third party services As an intermediary, we are not responsible for third-party services. We are therefore not responsible for damages, including fines or claims for damages by third parties or for any other losses that you may incur as a result of the use of third party services and the conduct of these third parties. TakeTaxi EU gives no assurance and assumes no guarantee and / or warranty with regard to the quality, suitability, safety and qualification as well as punctuality and reliability of third party providers.
11.2. Limitation of Liability for App / Website Services We have unlimited liability for damage caused by us, our legal representatives or vicarious agents (i) for injuries to life, limb or health, (ii) for willful or grossly negligent breach of duty, (iii) for breach of guarantee promises and (iv) if the scope of the Product Liability Act has been opened. In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner may regularly rely (so-called cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability shall be the limited foreseeable damage at the time of conclusion of the contract, the occurrence of which must typically be expected. In addition, claims for damages are excluded.
11.3. Limitation of liability for TakeTaxi EU- When using TakeTaxi EU, the respective regulations of the separate agreements concerning the liability of TakeTaxi EU for the specific TakeTaxi EU direct service apply. If no separate agreement has been made or if the separate agreement does not contain any provisions to limit the liability of TakeTaxi EU, Section 11.2 shall apply accordingly.
12. Termination and Termination
12.1. You can use the app / website services (if available) at any time and cancel these terms and conditions at any time by closing your account.
12.2. We can terminate these terms and conditions and thus your access to the app / website services with immediate effect for good cause, e.g. if you have seriously violated these terms and conditions or other agreements between you and us and this violation does not occur within a reasonable period , fix the deadline set by us
12.3. We are free to properly terminate the contract for the use of the app / website services at any time with a notice period of 7 days in text form (e.g. by email) or - also after prior notice with a reasonable period of notice - to terminate the app / To permanently discontinue or temporarily interrupt website services altogether.
12.4. In the event of termination, you must immediately pay all outstanding costs owed to third parties and / or TakeTaxi EU. Any such claims will continue after termination and we reserve all rights to collect these payments upon termination.
13.1. We can suggest changes to these terms and conditions at any time. This is done either by announcing the new conditions in the TakeTaxi EU mobile app (s) and / or website (s), which you then agree to immediately, or by email. In the case of notification by e-mail, changes to these terms and conditions will be offered to you at least one month before the proposed date of their entry into force. Your consent is deemed to have been given if the rejection is not notified to us in text form before the proposed point in time for the changes to take effect. If you do not agree to the changes, you have the right to terminate the contract free of charge and without notice up to the proposed point in time when the changes take effect (see section 15.1). In the message with which the changes are offered, we will also point out the right of refusal, the deadline for this and the possibility of cancellation. Our right of termination in accordance with Section 15.3 remains unaffected.
13.2. Should any provision of these conditions be or become void or ineffective in whole or in part, this shall not affect the effectiveness of the remaining provisions. Statutory law shall take the place of unincorporated or ineffective provisions of these terms and conditions. If such statutory law is not available in the respective case (loophole) or would lead to an intolerable result, the parties will enter into negotiations to replace the non-included or ineffective provision with an effective provision that comes as close as possible economically to it.
13.3. Provided that this does not lead to a more than insignificant impairment of your rights (as you are entitled to on the basis of these terms and conditions or on the basis of applicable laws), we can amend this contract for the use of the app / website services or any of our rights and Obligations arising from this, in whole or in part, have been performed by subcontractors and / or vicarious agents or transferred to a third party without your prior consent, provided that you are not economically disadvantaged by such a transfer to a third party. In the event of a transfer to a third party, you have the right to terminate the contract without notice (see section 15.1).
13.4. These terms and conditions, together with any supplementary agreement to provide the app / website services, constitute our entire agreement with you.
14. Dispute Resolution Procedure
The EU Commission has created an internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform serves as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts or online service contracts. You can access the OS platform here: ec.europa.eu/consumers/odr.
We are neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.
15. Applicable law and place of jurisdiction
These terms and conditions and the legal relationships that arise between you and TakeTaxi EU on this basis are subject to UK law to the exclusion of the reference norms. The Vienna Convention on the International Sale of Goods of 1980 (UN Sales Convention, English abbreviation: CISG) does not apply. If you are a consumer resident in the European Economic Area (EEA) and mandatory statutory consumer protection regulations in your country of residence contain regulations that are more advantageous for you, these regulations apply regardless of the choice of Dutch law.
As a consumer resident in the European Economic Area (EEA), you can make claims in connection with these terms and conditions and the legal relationships that arise between you and us on this basis both before the competent court at your place of residence and before the competent court at the headquarters of TakeTaxi EU claim in the Netherlands. If TakeTaxi EU wants to enforce its rights against you as a consumer resident in the European Economic Area (EEA), we can only do so in the competent courts at your place of residence. If you act as an entrepreneur or consumer domiciled outside the European Economic Area (EEA), Amsterdam, the Netherlands, is the place of jurisdiction for all disputes in connection with these terms and conditions and the legal relationships that arise between you and TakeTaxi EU on this basis and about their effectiveness . In this case, however, TakeTaxi EU can also take legal action against you at your general place of jurisdiction.
By accepting these conditions, you declare your consent to the validity and compliance with the conditions.