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Terms and Conditions

Terms and Conditions – Payment
and Declaration on the Protection of Data

§ 1 Basics; Object

These Terms and Conditions govern the non-cash payments of taxi journeys (hereinafter referred to as “ Payment“) involving the use of the app, and also supplement the Terms and Conditions for taxi customers (general Terms and Conditions) of the app. Payment refers to payment transactions in which at least the payer uses mobile electronic means to initiate, authorise or realise the payment of the taxi fare, e.g. by means of mobile devices such as mobile phones or tablet computers. With, the taxi customer is provided with a non-cash payment option by using the app.
fms systems GmbH, Hietzinger Hauptstrasse 33, 1130 Vienna, Austria (hereinafter referred to as “fms systems“) handles the payment of the fare when using the non-cash payment procedure “ Payment“ with the app.
This Agreement is concluded between the taxi customer (hereinafter referred to as “Customer”) and fms systems. The Terms and Conditions for Payment govern the aforementioned contractual relationship. The contract of carriage between the taxi company and the Customer remains unaffected thereby.

§ 2 Rights and Obligations of the Contracting Parties
Rights and Obligations of fms systems:
fms systems puts the non-cash payment procedure “ Payment“ within the app at the Customer’s disposal.
Using Payment, the Customer can store payment methods, e.g. PayPal, credit cards or taxi customer cards. The Customer is entitled to use Payment to pay the taxi fare owed to the taxi entrepreneur.
fms systems does not provide a warranty on the uninterruptable availability of the payment method “ Payment“. A warranty on the availability of taxis that participate in Payment can also not be provided.
fms systems strives to ensure that high levels of reliability of the system are maintained.
When carrying out the payment procedure, fms systems reserves the right to debit various amounts from the user’s PayPal account not exceeding, however, the total amount payable by the Customer to fms systems.
b. Obligations, Services and Rights of the Customer
The Customer shall transmit correct and truthful data to fms systems. The use of Payment must not impair or strain the systems of fms systems.
The Customer shall pay attention to data security (user name, password, PIN). The Customer shall neither inform third parties about sensitive data nor transfer sensitive data to third parties.
In the case of loss of relevant data, the Customer shall immediately inform fms systems via the e-mail address
The Customer shall use a working internet connection.
The user shall ensure that sufficient cover is available for the means of payment. In the registration process, The Customer shall indicate one valid e-mail address that can be accessed by the Customer only and that is linked to the Customers’ account. In the registration process of the Customer’s account, the Customer shall store the existing payment methods such as credit cards, PayPal, etc. There is, however, no warranty provided that every payment can be used in the city in which is applied.

The Customer is entitled to delete means of payment from the Customer’s payment account, to add additional means of payment within the scope of options provided, as well as to delete the entire account at any time.

During the Payment procedure, the taxi driver will never be informed about the Customer’s underlying payment method. This applies on both PayPal and credit card payments. Based on the agreement between the issuer of the means of payment and the Customer, all aforementioned means of payment may cause additional charges debited outside of Payment.
In the registration process, the Customer shall indicate a valid e-mail address and the Customer’s mobile phone number. The e-mail must be confirmed by e-mail verification.
Taxi customers who did not order the taxi via the app or via the hotline may also use Payment.

§ 3 Characteristics of Payment
a. Payment is an alternative to cash payment which is also possible in the taxi. The Customer is not obliged to use Payment as it only provides for an additional payment option.
As a prerequisite for the application of Payment, the taxi entrepreneur must be connected to the system. Clear signing at and within the taxi provides for the Customer’s orientation.
In the registration process for Payment, the Customer selects one or more of the registered means of payment (e.g. credit card or PayPal).
The Customer may choose a personal identification number (PIN) to protect Payment and the taxi receipts.
If the Customer uses PayPal, the Customer pays the amount without indicating the bank or credit card data to Registration of these data as well as the electronic debit procedure is carried out directly between the Customer and PayPal. The Customer may be charged for PayPal charges. The Customer needs a PayPal account to be able to use the PayPal means of payment.
The Customer shall protect the account against unauthorised access and shall not pass the access data, particularly the PIN, to third parties.
In the case of loss or theft, a blocking notification must be sent immediately to

§ 4 Costs and Prices
The use of Payment does not entail costs to the user with the following two exceptions:
With non-cash payments, a tariff-based charge may apply. The type and the amount of this charge depend on the valid local taxi tariffs.
The Customer shall bear the costs for the internet access.
The taxi driver and/or the taxi entrepreneur shall transmit the amount for the delivered service to fms systems. Optionally, The Customer may add a tip.
fms systems is entitled to collect these amounts on behalf of its entrepreneurs.

§ 5 Conclusion of and Withdrawal from the Agreement
The Agreement between fms systems and the Customer is concluded by the registration and the acceptance of these Terms and Conditions.
The Agreement terminates by deleting the Payment account. Both parties may terminate the Agreement at any time with immediate effect. Obligations that have existed until this time remain unaffected; the Customer / the taxi passenger shall pay open invoices even if the account may have been deleted in the meantime.

§ 6 Liability
Liability will only be applied according to the legal regulations.
fms systems, however, shall not be liable for slight negligence unless fms systems fails to comply with very important obligations, so-called “cardinal obligations”, caused by slight negligence. In this case, fms systems shall compensate the typically foreseeable damages.
The Customer shall bear the chargeback costs in the case of a chargeback under the responsibility of the Customer.
fms systems shall not be liable for the correct execution of the non-cash payment, particularly in the case of credit card and PayPal payments. In the case of problems and malfunctions when executing the Agreement, in particular regarding incorrect bookings, the user shall approach his contract partner, i. e. the payment service provider.
In the event of a culpable breach by the user of the duty of care, particularly with regard to § 2 b of these Terms and Conditions, the user shall be liable for any damage thereby incurred and shall compensate fms systems.
In an event of an infringement of the law by the Customer, the Customer shall release fms systems from liability, in particular with regard to a breach of the obligations mentioned under § 2 b.

§ 7 Data Protection
fms systems collects, processes and uses company and personal data within the framework of legal provisions (name, address, phone number). The Customer expressly agrees to the collection, processing and use of these personal data.
The Customer agrees with the use of GPS data when using Payment for the settlement of the taxi ride (starting and destination addresses, times of departure and arrival), as well as with the automatic transfer of these trip data to the automatically generated receipt and/or bill. The deletion of these data with is carried out in accordance with the legal provisions.
The data necessary for the receipts will be deleted as soon as the Customer deletes his receipts from the app.

§ 8 Applicable Law and Court of Jurisdiction
Unless mandatory legal provisions require other regulations, Austrian law will apply and Vienna is the exclusive place of jurisdiction.

§9 Severability Clause
If any stipulation of this Agreement or these Terms and Conditions or a future provision included in these is determined to be entirely or partially invalid or unenforceable or, at a later time, may lose its legal effect or enforceability, all other stipulations shall nevertheless remain in full force. The same applies if it should turn out that there is a loophole. In order to replace the invalid or unenforceable stipulations or to fill the loophole, the Parties agree that an appropriate provision shall be agreed upon that, if legally possible, comes closest to expressing the intention or the purpose of the Agreement if the invalidity, unenforceability or the loophole had been known before. The same applies if the invalidity of a stipulation is based on a scope of service or a time specification (notice period or deadline) stipulated in the Agreement; then, a legally permissible scope of service or a time specification (notice period or deadline) will be seen as agreed upon which comes closest to the intended purpose.

Vienna, June 2015

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