General Terms and Conditions for Passengers (including Flag Payment)
Passenger/Ireland/Valid as of: January 2018 of Flag Taxis Ltd., 48 Upper Mount Street, Dublin 2, Ireland (hereinafter: “Flag”), Directors of the Company Richard Commins and George Grama, CRO no. 618753, email: [email protected].
Introductory Provisions:
These General Terms and Conditions for Passengers (“Terms and Conditions”) apply to the services which are offered by Flag to the passengers (“Flag services”) via the Flag app or the flag website or via websites and apps operated by third party cooperation partners (“Third Party Website Services”). The usage of the Third Party Website 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 Flag Services in Ireland. 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 Flag Services, the passenger is required to accept during the registration process these Terms and Conditions to be concluded between Flag as the provider of the Flag Services and the passenger.
1. Flag Services
1.1 Flag offers the Flag Services to the passenger. The Flag Services consist solely of the procurement of taxi transportation services performed by SPSV (small public service vehicle) licensed vehicle as taxis, hackneys or limousines (hereinafter collectively referred to as “taxi”) upon request by a passenger. The Flag Services are provided to the passengers via the Flag website or Flag app or via the Third Party Website Services; the Flag Services allow the passenger to send a taxi order to 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. Flag is neither responsible nor liable for the actual transportation services provided by the taxi driver, including but not limited to the availability of the taxi ordered by the passenger.
1.2 Prior to using the Flag Services, the passenger must register. Registration requires the passenger’s correct and full first and last name, email address (“user name”), mailing address, phone number and password. Successful registration, including acceptance of these Terms and Conditions, is required to be able to use the Flag Services. During the registration process, the passenger will be able to identify and correct input errors before completion of the registration.
1.3 Flag does not charge the passenger any fees for the use of the Flag 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 Website 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 Flag Services, Flag provides to the passenger free of charge software (hereafter referred to as “Application”) subject to the requirement and conditions of these Terms and Conditions (in particular Sec. 8) 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 Flag Services, the technical requirements (including necessary updates), and the configuration and capability of the device (including mobile end-devices) for using the Flag Services and the Application.
1.6 Flag is not responsible for the correctness or completeness of the data being transmitted by the Flag Services or for data reaching the passenger in a timely manner.
2. Location data
2.1 Upon passenger’s selection, the Application may determine the passenger’s location in order to provide the Flag Services. The location service can be selected in the privacy settings of the Flag website or Flag app, the Third Party Website Services, and/or the mobile end-device. For further details in relation to Flag’s use of location data and other personal data, please see our Privacy Statement Policy available at www.Flagtaxis.com.
2.2 If (i) the passenger has selected the location services, and (ii) the passenger has sent a taxi service order via the Flag Services, the Flag Services convey the passenger’s taxi order together with the current location of the passenger to the taxi drivers in the proximity of the passenger in order to allow the taxi driver to decide whether or not he/she can accept the taxi service order.
2.3 If (i) the passenger has selected the location services, (ii) the passenger has sent a taxi service order via the Flag Services, and (iii) the taxi driver has accepted the taxi service order, the Flag Services convey the passenger’s current location together with the passenger’s user name and telephone number to such taxi driver in order to allow the taxi driver to provide the ordered taxi services to the passenger.
3. Modifications and Suspension; Availability
3.1 Flag reserves the right to modify the Flag Services at any time for the purposes of advancement and quality improvement. Furthermore, Flag reserves the right to discontinue or suspend the Flag Services at any time permanently or temporarily without notice. Information on any permanent or temporary suspension shall be provided only via the homepage at www.Flagtaxis.com.
3.2 The passenger shall have no right to the continuous and uninterrupted availability of the Flag Services. The Flag Services are provided on an “as is” and “as available” basis.
4. Flag 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, Flag 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 Driver Application. For this purpose, the passenger must ask the driver to select “Pin Pay” via the Application when in the taxi (such taxi trips are off the street rather than through the application).
4.2 In order to be an eligible passenger for the “Pin Pay 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 Application to be stored by Flag and must select an authorization method (e.g. ID Photo & PIN ). The authorization method is necessary for the passenger to authorize the payment of a Flag Pin Pay Trip.
4.3 In the event of a passenger selecting “Flag Payment” during the ordering process, the passenger is still permitted to pay the taxi driver in cash.
4.4 If the passenger chooses to pay the fare by way of a Pin Pay 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.
4.5 Immediately after setting and using his/her authorization method, the passenger is obliged to take all reasonable precautions to protect the authorization method against unauthorized access by any third party in case the authorization method is a password or code. In particular, the passenger is not authorized to disclose his/her authorization password or code to any third party and, in the event of such unauthorized disclosure, shall be fully responsible for any activity on their account by a third party. The passenger is also obliged to report any loss, theft or misuse of his/her individual identification code or of his/her mobile end-device used for the Flag services and Pin Pay Trip, or any other non-authorized use of his/her Flag Services user account or authorization method or a corresponding suspicion without undue delay by e-mail at [email protected] and, additionally, without undue delay in writing (Flag Taxis Ltd., 48 Upper Mount Street, Dublin 2, Ireland) after he/she has become aware thereof (hereinafter referred to as “Blocking Notification”).
4.6 If the passenger chooses to pay the fare by way of a Pin Pay Trip, he/she agrees that the receipt for the taxi fare is sent to him/her as an email to the address saved by him/her in the Flag Services and no hard-copy receipt shall be provided.
4.7 Flag expressly reserves the right to refrain from offering certain payment methods in any individual case.
4.8 Flag expressly reserves the right to block the user account or the feature “Pin Pay” for a passenger permanently or temporarily or to require the passenger to set a new authorization method for security reasons or if there is the suspicion of an unauthorized or fraudulent use of the user account or of the passenger’s authorization method.
4.9 The processing of the cashless payment initiated via “Pin Pay” 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 and the passenger agrees that Flag shall have no liability in respect of such issues.
4.10 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 Flag tries to debit the account, the passenger shall be responsible for any associated fees and costs (e.g. costs of the charge-back) incurred by Flag as a consequence of the insufficient bank account funds.
4.11 If the passenger is in default with the payment using the option selected by him/her, Flag will be entitled to charge default interest at a rate of 5 percentage points above the EURIBOR rate p.a., plus a service fee of EUR 15.00 to cover administration and other costs suffered by Flag.
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5. Term and Termination
5.1 The Terms and Conditions shall commence on the date of acceptance by the passenger and shall remain in force until terminated in accordance with its terms.
5.2 Both parties have the right to terminate the Terms and Conditions at any time by giving notice in writing (including via email).
5.3 After termination of the Terms and Conditions, the passenger may no longer pay any fare owed by him/her to the taxi driver via “Pin Pay”.
6. Liability
6.1 Subject to Sec 5.2 and 5.3, Flag’s maximum aggregate liability under or in connection with these Terms and Conditions (including in relation to a passengers use of the Flag Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to €1,200.
6.2 Flag shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for: (i) any economic losses (including loss of revenues, profits, contracts, data, business or anticipated savings); (ii) any loss of goodwill or reputation; (iii) any special or indirect or consequential losses; (iv) losses and/or damage not caused by its breach; (v) the actions or inactions of any passengers; (vi) the actions or inactions of other drivers; or (vii) failure to provide any services or to meet any of its obligations under these Terms and Conditions where such failure is due to events beyond Flag’s control (for example a network failure) or failure of a third party service provider (e.g. a payment services provider).
6.3 Nothing in these Terms and Conditions shall limit or exclude Flag’s liability for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
6.4 The passenger shall be obliged to take adequate measures to mitigate 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.
6.5 For the avoidance of doubt, as the services offered by Flag 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 and the passenger agrees that Flag shall have no liability in respect of the taxi transportation services.
7. Intellectual Property
7.1 Flag and its respective licensors reserve any copyright and other intellectual property rights in the software used for the Application. Subject to the conditions of the Terms and Conditions, Flag grants the passenger a limited right to install the Application on the mobile end-device of the passenger and to use the Application for the sole purposes of using the Flag 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 Application, or copies thereof. Furthermore, the passenger shall not reverse engineer, decompile or disassemble the Application unless permitted by applicable law.
7.2 Flag and its respective licensors reserve any copyright and other intellectual property rights with regard to the content of the Flag website and Flag app, in particular texts, illustrations, graphics, layouts, pictures, audio and video as well as their selection and arrangement, and any other information on the Flag website and Flag 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 Flag’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 Flag website and Flag app and display of the Website Contents). Any rights to marks used on the Flag website and Flag 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 Flag Services in compliance with applicable laws and regulations, shall not impair, overload or damage the Flag Services and shall not jeopardize or bypass the intended purpose of the Flag Services. The passenger shall neither personally nor through third parties bypass or modify the security precautions of the Flag Services.
8.2 The passenger shall keep his/her username and password safe and not disclose them to third parties or provide third parties with access to the passenger-restricted areas of the Flag Services. The passenger is solely responsible for the confidentiality and security of his/her user account with the Flag Services. The passenger must immediately report any unauthorized use of the Flag Services, of which he/she is aware, to Flag.
8.3 Personal data of third parties transmitted or disclosed to the passenger (in particular personal data of taxi drivers) may be used by the passenger only for purposes of receiving the taxi transportation services through the Flag Services. Any other use of such personal data, including disclosing the personal data to third parties, is not permitted without Flag’s prior written consent or unless required by applicable law.
9. Responsibility for Contents
9.1 The responsibility of passenger-generated content and non-passenger generated third party content published and transmitted by the passenger through the Flag Services lies solely with the publishing passenger.
9.2 Any passenger-generated content or third party content must not be harmful, unlawful, harassing, threatening, defamatory, libelous, abusive, violent, obscene, hateful, racially or ethnically offensive, or otherwise objectionable in accordance with any Flag content policies which may be in place from time to time.
9.3 Flag has the right, and may be obliged by law, to remove any passenger-generated content or third party content that violates section 9.2. However, Flag is not required to verify the content. Any reliance on third party generated content, such as reviews, is solely at the passenger’s risk and the passenger agrees that Flag shall have no liability relating to the accuracy, truthfulness or veracity of any such third party content. Flag assumes no responsibility for any third party content published on or transferred via the Flag Services and will not be liable to the passenger for any loss or damage that may arise in relation to any reliance on such third party 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 shall not affect the validity of the remaining provisions of the Terms and Conditions.
10.2 The contractual relationship between the passenger and Flag, including the construction of the Terms and Conditions, shall be governed by Irish law. Subject to section 10.4, the exclusive venue for any and all legal disputes arising out of or in connection with these Terms and Conditions for all parties involved shall be the Irish courts. Mandatory consumer protection law remains unaffected.
10.3 Flag may amend these Terms and Conditions from time to time and will publish any amendments on the Flag website.
10.4 The EU Commission has created an Internet platform for online dispute resolution (“OS-Platform”). The OS-Platform has been set up by the EU to help unsatisfied customers. The Passenger can use the OS-Platform to make a complaint about a good or service the passenger bought over the Internet and find a neutral third party (“dispute resolution body”) to handle the dispute. The Passenger can access the OS-Platform via the following link: ec.europa.eu/consumers/odr.
10.5 The Passenger may not assign or transfer these Terms and Conditions or their user account without Flag’s prior written consent. Any attempt by the passenger to assign or transfer these Terms and Conditions or user account, without such consent, will be void. Flag may assign or transfer these Terms and Conditions, at its sole discretion, without restriction. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.
10.6 Any notices or other communications required under these Terms and Conditions, including those regarding any amendment to these Terms and Conditions, will be in writing and given: (i) by Flag via e-mail (in each case to the address that the passenger provides) or (ii) by posting to on the Flag website at www.Flagtaxis.com. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
10.7 The failure of Flag to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Flag. Except as expressly set forth in these Terms and Conditions, the exercise by either party of any of its remedies under these Terms and Conditions will be without prejudice to its other remedies under these Terms and Conditions or otherwise.
As of: January 2018
© Flag Taxis Ltd.