Legal documents for passengers

Last updated: October 20^th 2024

1                             General information

1.1                      Dear passenger, these are our Terms of Use. You are a person looking to order a taxi ride from a location where one of our Devices or QR Tools is located. This can be a hotel or other venue. We are Taxi Butler BV, offering Our Services to you.

1.2                      When certain words and phrases are used in these Terms of Use, they have specific meanings (these are known as ‘defined terms’ or ‘definitions’). You can identify definitions because they start with capital letters, even if they are not at the start of a sentence. Where a defined term is used, it has the meaning given to it in article 2 of these Terms of Use below.

1.3                      Our Services allow you to book a taxi ride directly with a local Transportation Provider that is connected to Our Services and in certain cases Our Services allow you to pay for the taxi ride as well.

1.4                      These Terms of Use constitute the agreement entered into between you and us in respect of your use of Our Services, and these Terms of Use specify the terms and conditions for your access and use of Our Services, as well as set forth both your and our rights and obligations.

1.5                      These Terms of Use apply if you use our Devices or QR Tools in the United Kingdom. In other countries, other terms and conditions may apply, as communicated to you in the booking process in the relevant location.

1.6                      We are Taxi Butler BV, a company incorporated under the laws of the Netherlands. You can find us at Keizersgracht 169, 1016 DP Amsterdam, the Netherlands and you can reach us at support@taxibutler.com. We are registered with the trade register of the Chamber of Commerce with number 58923853 and have VAT number NL853240474B01.

1.7                      Please also refer to the customer services section in article 12 below.

2                             Definitions

2.1                      The following definitions apply in these Terms of Use:

2.2                      Any reference in these Terms of Use to any gender includes all genders, and words importing the singular include the plural and vice versa.

3                             Booking procedure and acceptance of offer and terms and conditions

Offer

3.1                      Our Devices and QR Tools lead you through the booking process to order your taxi. Before a booking is placed with the relevant Transportation Provider, you are presented with a page with booking info, which constitutes the offer for making the booking. In case you are assisted by a member of staff of the venue where you are, this page provides an instruction to hand the Device over to you.

3.2                      The offer contains the information you have provided, such as the destination and the type of vehicle you are requesting, and a break down of the estimated Total Price, with explanations as described in article 4 below so that you are well informed before making the booking. You can also find the name and contact details of the Transportation Provider for your booking by using the hamburger menu at the top left of the screen during the entire booking process.

3.3                      The offer also informs you that these Terms of Use, our Privacy Policy and the Transportation Provider T&C’s apply to the booking. You can click on hyperlinks to read these documents on the Device. The documents on the device contain a QR code that you can scan, and which guides you to a website where you can save these documents on your own device for later reference. In case you use a QR Tool, the relevant pages have a save-button you can use to save the documents on your own device for later reference. We recommend that you save a copy of these documents to your own device.

3.4                      The booking process allows you to check and amend any errors before submitting your booking – just click on the "previous step" button on the Device or the QR Tool. Please check your booking carefully before confirming it, as once you click on the "I agree" button (and make subsequent payment in case you pay through Our Services), we will process the booking for you immediately (although you always have the option to cancel your booking). You are responsible for ensuring that your booking is complete and accurate. The booking process is available in the English language. A copy of the contract formed between you and us will be accessible for you as described below.

Accepting the offer

3.5                      You can accept the offer by clicking on the "I agree" button. In consideration of either: (i) your payment of our Service Fee (if applicable); (ii) your promise to enter into an agreement with, and pay fees to, the Transportation Provider; and/or (iii) your other obligations under these Terms of Use, a legally binding agreement between you and us is formed. This agreement incorporates these Terms of Use and your booking is established when you click on the "I agree" button. Each booking will incorporate these Terms of Use and the booking into a new and separate agreement. 

3.6                      When you click on the "I agree" button, an agreement is also established between you and the relevant Transportation Provider. This is a direct agreement between you and the relevant Transportation Provider, to which agreement we are not a party. It is governed by the Transportation Provider T&C’s that are shown in the offer, which govern both the booking and the taxi ride itself (together forming part of the Transportation Provider Service).

3.7                      We do not provide any guarantees or accept any liability in respect of bookings with the Transportation Provider and the performance of the Transportation Provider Service by it. We are merely the agent of a Transportation Provider or Driver in respect of the services any of them may agree to provide to you through the Transportation Provider Service or otherwise. Our Services merely facilitate your connecting to Transportation Providers and Drivers in order to make bookings.

3.8                      The booking is placed with the Transportation Provider after you click on the "I agree" button on the page of the offer, or after you have made subsequent payment as described in article 4 below, in case you choose to pay through Our Services as well.

Confirmation of booking

3.9                      After clicking on the "I agree" button or after making payment in case you pay through Our Services, a paper ticket is printed by the Device and/ or an SMS text message is sent to your mobile phone number. The paper ticket and/or SMS text message is the confirmation of your booking.

3.10                 The paper ticket and/or SMS text message contains a summary of your booking and a link to a mobile booking tracker website specifically for you (the link is a QR code on the paper ticket). This mobile booking tracker website contains the estimated Total Price and allows you to track and manage your booking. It also contains a copy of these Terms of Use, our Privacy Policy, and a link to the Transportation Provider T&C’s. You can also find the name and contact details of the Transportation Provider for your booking by using the hamburger menu at the top left of this mobile booking tracker website.

3.11                 We recommend that you keep the paper ticket and SMS text message so you are able to contact us and the Transportation Provider with the booking reference number of your booking.

3.12                 The mobile booking tracker website also contains a button which allows you to cancel your booking, which automatically cancels the pre-authorisation of payment, if you have paid using Our Services. However, please note that your right to cancel your booking under UK consumer law is not applicable because these cancellation rights do not apply to passenger transport contracts.  

3.13                 Please note that all information on arrival times and trip duration that is visible in Our Services are estimates that we receive from the Transportation Provider. We have no control over and are not liable for any deviations between these estimates and the actual arrival times and trip duration.

3.14                 These Terms of Use and our Privacy Policy are always easily electronically accessible on our website (https://taxibutler.com/terms) where they can be saved for future reference.

4                             Prices and payment

4.1                      The price for booking and taking a taxi ride through the use of Our Services consists of the Fare and, in certain cases, the Transportation Provider Booking Fee and/or our Service Fee. Together, these amounts are the Total Price as defined in these Terms of Use.

4.2                      At the offer stage, the Fare is an estimate that we are informed about by the Transportation Provider, rather than a fixed price. The Transportation Provider Booking Fee and Service Fee, if applicable, may also be estimates, if these fees are dependent (or partly dependent) on the amount of the final Fare. The offer that is made to you will clearly show these price elements and explain how these are calculated, with information icons that can be opened for you to read.

4.3                      The final Fare, and consequently also any part of the Transportation Provider Booking Fee and Service Fee that is based on the amount of the final Fare, depends on several variables, such as traffic density, the available route, changes to the destination and added stops. The final Fare is determined by the vehicle’s taximeter and the applicable local (sur)charges, tolls and taxes upon completion of the ride. We do not in any way control or influence the amount of the Fare and are not liable for any deviations between the estimated Fare and the final Fare you are obliged to pay to the Transportation Provider.

4.4                      You are informed of the estimated Total Price of your booking in the offer on the Device or in the QR Tool, as described in article 3 above. The information will specify the applicable currency. In case you accept the offer by clicking on the "I agree" button, you accept the obligation to pay the Total Price. We confirm the estimated Total Price on the mobile booking tracker website as mentioned in article 3.10 above, which you can go to by using the QR code on the printed ticket and/or clicking on the link in the SMS text message.

4.5                      You can either pay in the car and/or pay through Our Services, depending on the location where you are and the Transportation Provider that is connected. If you pay in the car, you will pay the Total Price to the Driver in the car. The Driver or the Transportation Provider will in that case also be able to provide you with a receipt specifying the final Total Price.

4.6                      If you pay through Our Services, you will pre-authorise us to reserve the applicable amount on your method of payment. Some payment institutions may display this pre-authorisation on your account. Funds will not be deducted from the account until the ride has been completed, but there may be a reduction in the amount of funds available to you in the meantime corresponding to the amount pre-authorised. This pre-authorisation shall be for the estimated Total Price set out in the offer and may be increased to cover average differences between estimated amounts and final amounts. If the final Total Price differs from the amount of the pre-authorisation, the exact amount will be deducted as soon as the final amount has been determined after the ride has been completed. In the event of cancellation, the pre-authorisation will be cancelled, and the amounts will be released in accordance with the operating rules of your payment institution. A cancellation fee may apply, but only if this has been communicated to you before making the booking.

4.7                      If you choose to pay through Our Services, we can provide you with a receipt with proof of payment by email that contains the final Total Price. The booking process on the Device and QR Tool contains a button to request a receipt. You need to provide us with your email address in order to send the receipt. We do not use your email address for any other purpose than sending you the receipt or communicating with you about your request to receive a receipt. You can also request a receipt later by emailing us at accounts@taxibutler.com and referring to the booking reference you can find on the paper ticket and SMS text message.

4.8                      In case you wish to receive an invoice for our Service Fee, please email us at accounts@taxibutler.com. An invoice for the Fare (and Transportation Provider Booking Fee, if applicable) can be requested from the relevant Transportation Provider. You may contact us if you have difficulty contacting the Transportation Provider (please find their contact details in the mobile booking tracker website) and we will assist you in getting in touch, but we cannot provide you with an invoice for the Fare (and Transportation Provider Booking Fee, if applicable) as it is due by you to the Transportation Provider directly and not part of our accounts.

4.9                      We shall take all reasonable steps to protect your payment data, in case we process these, from unauthorised access by third parties. We use third party payment processing services to facilitate payments through Our Services. Our third-party payment processing service provider may retain payment details after the pre-authorisation payment has been made in order to complete the payment process after the taxi ride has been completed.

5                             Eligibility to use Our Services

5.1                      Our Services may be used only by persons who can form legally binding agreements. You confirm that you have the right, authority and capacity to agree to these Terms of Use and to the Transportation Provider T&C’s.

5.2                      You must be eighteen (18) years of age or older to use Our Services. Use by those who do not meet this requirement are in breach of these Terms of Use. By using Our Services, you confirm that you are a natural person and 18 years of age or older, and that you agree to and will abide by all of the terms and conditions of these Terms of Use.

5.3                      You must ensure that all the information you provide when making a booking is complete and accurate. This includes providing your own actual mobile phone number on the Devices and QR Tools where this is mandatory in the booking process, in order for us to be able to send you an SMS text message confirming your booking as described in article 3 above.

6                             Acceptable use obligations

6.1                      You agree that you will:

−      use Our Services in a manner that is compliant with all applicable laws and these Terms of Use;

−      read and abide by the relevant Transportation Provider T&C’s;

−      not use robots, search applications or other manual or automatic tools to extract, index, ‘data mine’ or reproduce or circumvent in any other manner the structure and presentation of Our Services or its content;

−      not use Our Services in a manner that could damage, deactivate, overload, affect, interfere with or compromise our IT systems, the servers, security or networks connected to Our Services, or interfere with other users’ use of Our Services;

−      not transmit or download content which is defamatory, offensive, false or misleading with Our Services;

−      not distribute or reproduce in any manner whatsoever, content that is protected by copyright, trademark rights or business secrecy; and

−      not ‘frame’ or create a mirror site of Our Services, use meta-tags, code or other devices which contain references to Our Services, with the aim of redirecting visitors to another site for any purpose whatsoever.

6.2                      We reserve the right to immediately suspend your use of Our Services for any breach of the above restrictions, and to immediately terminate your use entirely for any repeated breaches or for any serious breach of these restrictions.

7                             Internet and telecommunications

7.1                      You agree that, when you receive an SMS text message or phone call, you may incur a cost from your own telecommunications, wireless and/or internet services company, and you agree that we have no liability for such charges and are not liable to you for any such costs.

7.2                      You are responsible for all costs incurred by you with respect to using Our Services or the Transportation Provider Service on a mobile device (such as a QR Tool or mobile booking tracker website), including data usage fees and other telecommunications fees.

7.3                      Our Services and/or the Transportation Provider Service may be subject to limitations, delays and other problems that are inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures or other damage resulting from such problems.

8                             Intellectual property rights

8.1                      All right, title, interest and/or licence in and to all the intellectual property rights in and to Our Services are and shall remain owned by us and/ or our licensors. These rights include copyrights, neighbouring rights, database rights, design rights, trademark rights, trade name rights, trade secret rights, patent rights and all other intellectual property rights.

8.2                      You agree that Our Services and each of its components, including all intellectual property rights associated with it, are our exclusive property and/or that of our licensors. Any full or partial reproduction or representation of Our Services or any of its components, without our content or that of our licensors, is prohibited.

8.3                      You have a non-exclusive, non-transferable limited licence, without the right to sublicense, to access and use Our Services solely as is necessary to benefit from Our Services and the Transportation Provider Service. You are not permitted to reproduce, modify, or make available to the public any part of Our Services, unless as is permitted under mandatory law.

8.4                      We are allowed to take technical measures to protect intellectual property rights. You shall not remove, avoid or bypass this security or have any third party do so.

8.5                      All the other trade names, trademarks, logos, service marks, corporate names or product names appearing on Our Services shall remain the intellectual property of their respective owners, such as the Transportation Providers.

9                             Disclaimer of warranties

9.1                      Other than our statutory warranties to you, we make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of Our Services or the Transportation Provider Service.

9.2                      We also make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability or availability of any services obtained by third parties through the use of Our Services or the Transportation Provider Service, such as a co-passenger of a taxi ride that you booked.

10                       Relation to Transportation Providers

10.1                 As noted above, we are not a party to the agreement between you and the Transportation Provider or Driver. The Transportation Providers providing the Transportation Provider Service through Our Services and the Transportation Providers and Drivers providing transportation services to you are independent third parties.

10.2                 We have no control over whether a Driver will arrive in time or at all after you have made a booking with a Transportation Provider through the use of Our Services. We also have no control over the performance of transportation services and the level of service that is provided to you by the Transportation Provider and Driver. To the maximum extent permissible under applicable law, we are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence whatsoever of any Transportation Providers or Drivers or for any personal injuries, death, property damage or other damages or expenses resulting from their services to you.

10.3                 Despite the above, do please read the customer services clause below in article 12 as we do take efforts to help you in case of any issues you encounter with the Transportation Provider and Driver.

10.4                 You accept that our responsibility and liability is limited to our status as the operator of a platform enabling its users to book transportation services from independent providers of transportation services. We act as an agent for the Transportation Provider or Driver in respect of their provision of transportation services and we do not operate as a taxi, limousine or chauffeur company ourselves.

10.5                 In line with the fact that we do not provide any transportation services, we have also not taken out any insurance in connection with your taxi ride, nor to insure any other passengers, third parties and/or belongings. Insurance policies of the Transportation Provider or the Drivers will be subject to their own terms and may be subject to and described by the relevant Transportation Provider T&C’s.

11                       Limitation of liability

11.1                 Nothing in these Terms of Use excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

11.2                 Save as set out in article 11.1, if we fail to comply with these Terms of Use, breach the agreement between you and us or act unlawfully, we are responsible and liable only for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence. We are not responsible or liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the agreement between you and us became binding.

11.3                 We are under a legal duty to provide you with Our Services that are in conformity with your booking (noting there are several variables and estimations to the booking process given the nature of Our Services). Nothing in these Terms of Use affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office (or local consumer advisory body in the UK). 

11.4                 We only supply Our Services for domestic and private use. You agree not to use the Our Services for any commercial or business purposes and (save as set out in article 11.1) we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.5                 Save as set out in article 11.1, we are also not liable for expenses incurred in relation to having missed a transit connection.

11.6                 Save as set out in article 11.1, the amount of our liability is at all times limited to an amount of GBP 50 (fifty Great Britain pounds).

11.7                 You agree that any claim you may have arising out of or related to Our Services or your relationship with us must be filed within 2 years after the claim arose.

11.8                 The limitations of liability in this clause do not apply in the case of intent or deliberate recklessness on our part.

11.9                 Nothing in these Terms of Use excludes any liability which may not be excluded under applicable mandatory law. Nothing in these Terms of Use affects your mandatory statutory rights as a consumer.

12                      Customer services

12.1                 Requests for information, clarification, complaints and lost items that relate to a booking and taxi ride can be communicated to the Transportation Provider. Payment issues (including refunds and chargebacks) can also be communicated to the Transportation Provider, unless you have paid through Our Services, in which case you can communicate these to us.

12.2                 You can find the contact details of the Transportation Provider on the Device or QR Tool when you are making your booking and also on the mobile booking tracker website. You can go to the mobile booking tracker website using the QR code on the paper ticket and/or using the link in the SMS text message we send to you to confirm your booking.

12.3                 We can also always help you to contact the Transportation Provider if you send us an email on the address below.

12.4                 Of course, you may also send us any complaints or claims with regard to Our Services. Our involvement with any complaint, claim or request that relates to a booking or taxi ride does not imply that we have any liability for it and shall not be construed as admission of liability. We shall transfer any complaint, claim or request you make to us in relation to a booking or the provision of a taxi ride to the relevant Transportation Provider.

12.5                 We will use commercially reasonable efforts to give you necessary information to improve your experience using Our Services. We also welcome your feedback and comments about your use of Our Services and the Transportation Provider Service.

12.6                 Please contact us directly via email for any customer claims, complaints, feedback or support information: support@taxibutler.com.

13                       Confidentiality

13.1                 You agree not to use the technical, financial or strategic information, or other trade secrets or confidential information about or in connection with Our Services, the Transportation Provider Service and our activities, operations or properties (“Confidential Information”) which we may have disclosed to you through your use of Our Services or as part of the Transportation Provider Service.

13.2                 You may not disclose our Confidential Information to any third party and you must preserve the confidentiality of, and avoid the disclosure or use of, Confidential Information, including preventing any of it falling into the public domain.

14                       Termination

14.1                 We may terminate your use of Our Services or the Transportation Provider Service if:

−      we reasonably believe your actions may cause financial loss or legal liability for us or our other users; or

−      we reasonably suspect that you have engaged in fraudulent activity in connection with Our Services or the Transportation Provider Service.

14.2                 We reserve the right, but are not obligated, to investigate and terminate your use of Our Services or the Transportation Provider Service if:

−      you have misused Our Services or the Transportation Provider Service;

−      you have behaved in a way which could be regarded as inappropriate;

−      your conduct is unlawful or illegal; or

−      you have breached any terms of these Terms of Use.

14.3                 We have no obligation to provide any compensation to you for any costs incurred for the use of Our Services or the Transportation Provider Service if these Terms of Use are terminated on the basis of this clause.

14.4                 The agreement between you and us in relation to the booking of a taxi ride with a Transportation Provider shall automatically terminate 180 days after completion of your ride, with the exception of the following clauses which shall survive termination of that agreement: article 6, 8, 9, 10, 11, 13, 18 and 19.

15                       Personal data

15.1                 We process your personal data as is necessary for the performance of Our Services to you and for compliance with our legal obligations. We do not sell your personal data to anyone. We do provide your personal data to the Transportation Provider you are booking a taxi with, in order for it to perform its agreement with you to book and provide the taxi ride. The Transportation Provider and we are each independent controllers of the personal data that we process of you in order to provide our independent services to you.

15.2                 Please refer to our Privacy Policy for more information (https://taxibutler.com/terms). We inform you of the Privacy Policy with the offer in the booking process as described in article 3. You can also find a copy of the Privacy Policy in the mobile booking tracker website as described in article 3. By using Our Services, you acknowledge to have been informed of our Privacy Policy.

15.3                 Please also refer to the Transportation Provider T&C’s, which include the privacy policy of the Transportation Provider, for information on the processing of your personal data by the Transportation Provider. To be clear, we are not liable for the processing of your personal data by the Transportation Provider as an independent controller. By booking a taxi, you acknowledge to have been informed of the privacy policy of the Transportation Provider.

16                       Changes to Our Services and to these Terms of Use

16.1                 The current version of these Terms of Use at the time of your booking applies to your use of and access to Our Services and the Transportation Provider Service. If certain elements of services are governed by different rules, you will be provided with those prior to making any booking.

16.2                 We may from time to time make changes to Our Services and also Transportation Provider Services may change, for instance by the addition or removal of functionality or by a change of the way in which either of them operates or is presented to you.

16.3                 We may modify these Terms of Use to reflect changes to Our Services or the Transportation Provider Service, changes in law or changes in the way we or our industry operates, or for any other reason. By accepting the offer in the booking process on the Device or QR Tool, you agree to be bound by the version of these Terms of Use that is shown there.

16.4                 Of course, any updated version does not apply to offers already accepted. If these Terms of Use are updated between acceptance of an offer and the start of a taxi ride, the version of these Terms of Use that applied at the time that you accepted the offer and the booking was made will continue to apply to that booking and in respect of the relevant taxi ride.

17                       Links to other websites

17.1                 Our Services may contain hyperlinks to websites operated by third parties. We do not control such websites and we are not responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you. We are not responsible for the accuracy of opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on Our Services does not imply or constitute approval or endorsement of the linked website by us.

17.2                 If you decide to leave Our Services to access third party websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while browsing on such websites. We are not responsible for information provided by you to third parties. Accordingly, we strongly recommend that you review the privacy policy and operating procedure of such websites.

18                       Governing law and jurisdiction

18.1                 These Terms of Use are governed by English law. This means that your access to and use of Our Services, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law. 

18.2                 If you are resident in the UK or the EU and we direct Our Services to your country of residence:

18.2.1           you may bring any dispute which may arise under these Terms of Use to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country is within the UK or the EU, which courts are (with the exclusion of any other court) competent to settle any such a dispute; and

18.2.2           we will bring any dispute which may arise under these Terms of Use to the competent court of your country of habitual residence if this country is within the UK or EU or otherwise the competent court of England.

18.3                 If you are resident in the UK or the EU and we direct Our Services to the country in which you are habitually resident (and/or we pursue our commercial or professional activities in relation to Our Services in this country), you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Use, including article 18.1, affects your rights as a consumer to rely on such mandatory provisions of local law.

18.4                 If you are a consumer resident in the European Union and wish to have more information on online dispute resolution, you can follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.

19                       Miscellaneous

19.1                 Should a provision of these Terms of Use become partially or fully ineffective, the other provisions shall remain unaffected. The ineffective provision is, in such a case, considered to be replaced by a provision that is effective and differs as little as possible from the content and scope of the original provision.

19.2                 Failure on our part to insist on performance of your obligations or to exercise any rights does not constitute a waiver of our rights.

19.3                 Each of the clauses of these Terms of Use also applies on behalf of our directors, officers, employees, agents, contractors, successors and assigns, as well as our subsidiaries, parent and sister companies and other companies that are part of our group, as well as the (legal) persons or entities, auxiliary persons, and subordinates that we engage in performing Our Services.

19.4                 The legal relationship between you and us and your rights and obligations under these Terms of Use cannot be transferred without our prior written consent. We may, however, assign the legal relationship between you and us in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of our assets or voting securities, and we may also assign these Terms of Use to any of our affiliates.

*****

Last updated: September 22^nd 2023

This agreement (“Terms of Use”), is made between:

A.                         you, the person at a venue who is using a Taxi Butler ONE device, Taxi Butler PRO device or any other Taxi Butler device, or a Taxi Butler QR code with mobile booking website, which is connected with local Transportation Providers, in order to book a taxi ride (“you”, “your”); and

B.                         Taxi Butler BV, a company incorporated under the laws of the Netherlands, with address at Keizersgracht 169, 1016 DP Amsterdam, the Netherlands, registered with the trade register of the Chamber of Commerce with number 58923853 and VAT number NL853240474B01 (either referred to as “Taxi Butler”, “we“, “us” or “our”).

By using a Device or QR Tool (collectively and separately “Our Services“) and by using the Transportation Provider Service that is offered through Our Services by Transportation Providers, you agree to the terms and conditions in these Terms of Use, as well as our Privacy Policy, without modification or revision. This also applies if a member of staff at the venue assists you or operates a Device for you as a service: they are acting on your behalf and binding you to these Terms of Use. The venue will inform you that you are entering into an agreement with us to which these Terms of Use and our Privacy Policy apply.

PLEASE READ THESE TERMS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS AND INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR ARBITRATION. ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF OUR SERVICES, OR ANY RELATIONSHIP BETWEEN THE PARTIES SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.

It is important that you understand that we may amend, revise or update these Terms of Use at any time and without prior notice to you. Therefore, you must carefully review these Terms of Use each time you use Our Services. Your continued use of Our Services after changes are posted constitutes your acknowledgement and acceptance of these changes. If these Terms of Use are not acceptable to you, you should not use Our Services.

1                            General information

1.1                   Our Services allow you to book and in certain cases pay for taxi rides directly with Transportation Providers that are connected to Our Services.

1.2                   These Terms of Use constitute the agreement entered into between you and us in respect of your use of Our Services, and these Terms of Use specify the terms and conditions for your access and use of Our Services, as well as set forth your rights and obligations.

2                            Definitions

2.1                   The following definitions apply in these Terms of Use:

2.2                   Any reference in these Terms of Use to any gender includes all genders, and words importing the singular include the plural and vice versa.

3                            Booking procedure – acceptance of these Terms of Use and the Transportation Provider T&C’s

3.1                   By using Our Services you agree to be bound by these Terms of Use. Each time you use Our Services, you accept and agree to be bound by the latest version of these Terms of Use, which is displayed on the Device or QR Tool.

3.2                   Before making a booking, you must accept these Terms of Use and our Privacy Policy, as well as the Transportation Provider T&C’s for that booking. Those Transportation Provider T&C’s will govern both the booking and the taxi ride itself. You acknowledge that each Transportation Provider has its own Transportation Provider T&C’s and that these may vary from Transportation Provider to Transportation Provider and, therefore, from booking to booking. When you make a booking, you understand and accept that you are entering into an agreement directly with the relevant Transportation Provider with which you have made the relevant booking, and you accept that you will be bound by the applicable Transportation Provider T&C’s in respect of the relevant booking and taxi ride.

3.3                   Depending on which of Our Services you use, after making a booking with a Transportation Provider, we may send you an SMS text message confirming your booking and with a link to our website where you can find these Terms of Use and our Privacy Policy and a link to the Transportation Provider T&C’s. An SMS text message also allows you to manage your booking. In cases where you do not provide your mobile phone number, we are unable to send you the links and you are responsible for copying the links during the use of Our Services for future reference.

3.4                   Based on the location of the venue where you are and the information you have provided, the Transportation Provider will send information to the Device or QR Tool on the estimated price and trip duration for you to see. These are estimated prices and times and are not binding. Actual times and prices may vary. You acknowledge and agree that we do not control these estimates and shall have no liability whatsoever related to the estimates and/or any difference between actual and estimated prices and times.  

3.5                   We are not a party to the agreement between you and the relevant Transportation Provider and/or Driver for the bookings you make, and you agree that we do not provide any guarantees or accept any liability in respect of the bookings and performance of transportation services. We are not the agent for any relevant Transportation Provider or Driver in respect of the services any of them may agree to provide to you through the Transportation Provider Service or otherwise; rather, Our Services facilitate your connecting to Transportation Provider and Drivers in order to make bookings.

3.6                   You agree that we do not provide transportation services or act as transporter in respect of any booking or taxi ride and we do not accept any liability for the provision of these. It is the Transportation Provider or Driver who is liable towards you for the provision of transportation services and who acts as transporter.

3.7                   Each set of Transportation Provider T&C’s provide important information about your agreement with the relevant Transportation Provider or its Drivers. Any modification of a booking must be made in accordance with the relevant Transportation Provider T&C’s. Although in certain instances we collect these from you in the name of the Transportation Provider, the amount of the Fare and the Transportation Provider Booking Fee, as well as any reimbursement that may be due, are set by the relevant Transportation Provider and governed by its Transportation Provider T&C’s.

3.8                   Any and all payments that are made through Our Services are subject to these Terms of Use, unless otherwise expressly provided in these Terms of Use.

4                            Changes to Our Services and to these Terms of Use

4.1                   The current version of these Terms of Use apply to your use of and access to Our Services and the Transportation Provider Service. If certain elements of services are governed by different rules, you will be provided with those prior to making any booking.

4.2                   We may from time to time make changes to Our Services and also Transportation Provider Services may change, including by adding or removing functionality or changing the way in which either of them operate or are presented to you.

4.3                   We may modify these Terms of Use to reflect changes to Our Services or the Transportation Provider Service, changes in law or changes in the way we or our industry operates, or for any other reason. By continuing to access and use Our Services and the Transportation Provider Service, you agree to be bound by the latest version of these Terms of Use displayed on the Device or QR Tool. Any change to the Terms of Use will not affect the Total Costs for a taxi ride in respect of a booking made prior to an amendment of these Terms of Use.

4.4                   If these Terms of Use are modified between a booking and the start of a taxi ride, the version of these Terms of Use current at the time you made the booking will continue to apply to that booking and in respect of the relevant taxi ride.

5                            Prices and payments

5.1                   All prices, with the exception of a Service Fee, are payable by you to the Transportation Provider in consideration of the Transportation Provider Service. In case a Service Fee is due, that is payable by you to us in consideration of the provision of Our Services to you.

5.2                   The Fare displayed on the Device or QR Tool for a booking, which may be expressed as an estimate, will be inclusive of the (sur)charges, tolls and taxes for your taxi ride as far as they are foreseeable to the Transportation Provider. The information displayed will specify the currency of payment.

5.3                   Depending on the offer of the Transportation Provider, the Fare is priced in either of two ways:

−     Fixed Price: a fixed price will only change with the addition of ancillary costs, depending on your taxi ride (waiting time, addition of intermediate stages, address changes, (sur)charges, toll roads, etc.) as per the Transportation Provider T&C’s; or

−     Estimated Price: an estimated price is an estimate of the Transportation Provider of the Fare, subject to external variables such as traffic density, which may modify the final price and which will be based on the vehicle’s taximeter. The final metered price will be calculated and charged to you once the taxi ride is complete.

5.4                   In either case (fixed price or estimated price), any additional costs you incur in addition to the Total Costs  (for example, costs that may be due if you modify a booking) will be charged to you according to the relevant Transportation Provider T&C’s, which you have accepted before making the relevant booking.

5.5                   After the taxi ride has been completed, the amount corresponding to the Total Costs will be charged to the method of payment that is applicable and you have agreed to.

5.6                   Where your payment is not made through Our Services, you will pay the Total Costs to the Driver in the car. The Driver or the Transportation Provider will provide you with a receipt specifying the Total Costs.

5.7                   Where your payment to the Transportation Provider is made through Our Services, we will seek payment pre-authorization on your method of payment directly after you have made the booking. Some payment institutions may display this pre-authorization on your account. Funds will not be deducted from the account until the ride has been completed, however there may be a reduction in the amount of funds available to you in the meantime corresponding to the amount pre-authorized. This pre-authorization shall be for the Total Costs and may be increased to cover the contingency of (a) a difference between the estimated price and the final price and (b) additional payments (toll roads, waiting time, etc.). If the final price of the ride is higher than the amount of the pre-authorization, the difference will also be deducted in a separate transaction after the relevant ride. In the event of cancellation, the pre-authorization will be cancelled, and the amounts will be released in accordance with the operating rules of your payment institution.

5.8                   Where your payment to the Transportation Provider is made through Our Services, your bank statement may include a reference to one of our trade names to identify the fact that payment was made in relation to Our Services.

5.9                   We shall take all reasonable steps to protect your payment data, in case we process these, from unauthorised access by third parties. We use third party payment processing services to facilitate payments through Our Services. Our third party payment processing service provider may retain payment details after the pre-authorisation payment has been made in order to complete the payment process after the taxi ride has been completed.

5.10             You acknowledge that your rights to cancel or withdraw your bookings under EU consumer law are not applicable to passenger transport.

6                            Insurance

6.1                   We do not take any insurance to cover your use of Our Services or in connection with your taxi ride, nor to insure other passengers, any third parties and/or any belongings. Insurance policies of the Transportation Provider or the Drivers will be subject to their own terms and may be subject to and described by the relevant Transportation Provider T&C’s.

7                            Eligibility to use Our Services

7.1                   Our Services may be used only by persons who can form legally binding agreements. You represent that you have the right, authority and capacity to agree to these Terms of Use and to the Transportation Provider T&C’s.

7.2                   You must be eighteen (18) years of age or older to use Our Services. Use by those that do not fit this requirement is in violation of these Terms of Use. By using Our Services, you represent and warrant that you are a natural person and 18 years of age or older, and that you agree to and will abide by all of the terms and conditions of these Terms of Use.

7.3                   You must ensure that all the information you provide when making a booking is complete and accurate. This includes providing your actual mobile phone number on the Devices and QR Tools where this is mandatory in order for us to be able to send you an SMS text message confirming your booking and with a link to our website where you can find these Terms of Use, our Privacy Policy and the Transportation Provider T&C’s. You shall be liable for any additional charges borne by us as a result of incomplete or inaccurate information you have provided.

8                            Acceptable use obligations

8.1                   You agree that you must and shall:

−     use Our Services in a manner that is compliant with all applicable laws and these Terms of Use;

−     read and abide by the relevant Transportation Provider T&C’s;

−     not use robots, search applications or other manual or automatic tools to extract, index, ‘data mine’ or reproduce or circumvent in any other manner the structure and presentation of Our Services or its content;

−     not use Our Services in a manner that could damage, deactivate, overload, affect, interfere with or compromise our IT systems, the servers, security or networks connected to Our Services, or interfere with other users’ use of Our Services;

−     not transmit or download content which is defamatory, offensive, false, misleading, inaccurate or otherwise challengeable, in relation to the use of Our Services;

−     not post, distribute or reproduce in any manner whatsoever, content that is protected by copyright, trademark rights or business secrecy; and

−     not ‘frame’ or create a mirror site of Our Services, use meta-tags, code or other devices which contain references to Our Services, with the aim of redirecting visitors to another site for any purpose whatsoever.

8.2                   You, the venue, agree that you shall not sell, rent or otherwise provide Devices for use to third parties.

8.3                   We reserve the right to immediately suspend your use of Our Services for any violation of the foregoing restrictions, and to immediately terminate your use entirely for any repeated violations or for any serious or egregious actions you take on Our Services.

9                            Disclaimer of warranties

9.1                   We make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of Our Services or the Transportation Provider Service. We do not represent or warrant that (a) the use of Our Services or the Transportation Provider Service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, application, system or data, (b) Our Services or the Transportation Provider Service will meet your requirements or expectations, (c) any data will be accurate or reliable, (d) the quality of any services purchased or obtained by you through Our Services or the Transportation Provider Service will meet your requirements or expectations, (e) errors or defects in Our Services or the Transportation Provider Service will be corrected, or (f) Our Services, the Transportation Provider Service or the server(s) that make these available are free of viruses or other harmful components.

9.2                   Our Services and the Transportation Provider Service are provided to you strictly on an “as-is” and “as-available”.

9.3                   All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.

9.4                   We make no representation, warranty or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services obtained by third parties through the use of Our Services or the Transportation Provider Service.

9.5                   You acknowledge and agree that the entire risk arising out of your use of Our Services or the Transportation Provider Service, and any third party services or products, remains solely with you to the maximum extent permitted by applicable law and for which you agree to hold us and our affiliates harmless.

9.6                   You assume total responsibility for your use of Our Services and or the Transportation Provider Service. Your sole remedy against us for dissatisfaction with Our Services or the Transportation Provider Service is to stop using Our Services. This limitation of relief is a part of the bargain between the parties.

10                     Internet and telecommunications

10.1             You agree that, when you receive an SMS text message or phone call, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services, and you agree that we have no liability for such charges or liable to you for any such calls, texts, or emails.

10.2             You are responsible for all costs incurred by you with respect to using Our Services or the Transportation Provider Service on a mobile device, including data usage fees and other telecommunications fees.

10.3             Our Services and / or the Transportation Provider Service may be subject to limitations, delays and other problems that are inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures or other damage resulting from such problems.

11                     Limitation of liability

11.1             We are not a party to the agreement between you and the Transportation Provider or Driver. We have no control over whether a Driver will arrive in time or at all after you have made a booking with a Transportation Provider through the use of Our Services. We are also not liable for the supply of any transportation service or for any act or omission of a Transportation Provider or a Driver. We have no control over the way in which a Transportation Provider or Driver supplies or undertakes a taxi ride or the level of service provided.

11.2             You accept that our responsibility and liability is limited to our status as the operator of a platform enabling its users to book transportation services from independent providers of transportation services. We do not provide and we have no control over how a transportation service is provided by any Transportation Provider or Driver. We are not an agent for any Transportation Provider or Driver in respect of their provision of transportation services and we do not operate as a taxi, limousine or chauffeur company.

11.3             We cannot be held liable for anything:

−     if you have not complied with your obligations under these Terms of Use or you are in breach of your legal obligations;

−     in the event of an unforeseeable action or omission by a third party beyond our control that has prevented us from performing any of our obligations; or

−     in the event of circumstances outside our control.

11.4             In the event that we do have any liability to you and to the extent permitted by applicable law, you agree that:

−     We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive loss or damage, including, but not limited to, loss of turnover, loss of profit, loss of data, reputational damage, interruption of business or damage claims of third parties, among which expenses incurred in relation to having a transit connection, even if we are aware of or have been advised of the possibility of such loss or damage;

−     Our liability under these Terms of Use or otherwise to you shall never exceed $50 (fifty dollars), with the express provision that the existence of more than one claim will not enlarge this maximum; and

−     We shall not be liable to you in the event of: (a) any failure of your mobile device (including if it loses power or connectivity for any reason) or (b) failure or disruption of telecommunications networks (such as the internet, telecommunication services and the like).

11.5             The content or other materials published on Our Services may include inaccuracies or typographical errors.

11.6             The Transportation Providers providing the Transportation Provider Service through our Services and the Transportation Providers and Drivers providing transportation services to you are independent third party businesses and are not our agents. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence whatsoever of any such Transportation Providers or Drivers or for any personal injuries, death, property damage or other damages or expenses resulting from their services to you.

11.7             From time to time, access to Our Services or the Transportation Provider Service may be suspended without prior notice. You agree that we have no liability and shall otherwise not be responsible in the event of any delay, cancellation, overbooking, misquoted rates, strike, riots, floods, acts of God, security breach, false transmissions, pranks, hoaxes, technological failure or any other cause beyond our control, and further that we shall not have any responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

11.8             The limitations of liability in this clause apply irrespective of the legal nature and legal basis of the liability claim or form of the action, be it a claim for damages on the basis of breach of agreement, a claim for damages on the basis of unlawful act or omission, a claim on the basis of an obligation to make performances undone after dissolution of an agreement, or otherwise.

11.9             You agree that any claim you may have arising out of or related to Our Services or your relationship with us must be filed within one year after the claim arose; otherwise, your claim is permanently barred.

11.10       The limitations of liability in this clause do not apply in the case of wilful acts or gross negligence on our part.

11.11       Nothing in these Terms of Use excludes any liability which may not be excluded under applicable mandatory law. Nothing in these Terms of Use affects your mandatory statutory rights as a consumer.

12                     Intellectual property rights

12.1             All right, title, interest and/or licence in and to all the intellectual property rights in and to Our Services are and shall remain owned by us and/ or our licensors. These rights include the rights relating to any databases, copyrights, patents, industrial designs as well as trademark rights (and, in particular, the trademarks displayed on Our Services).

12.2             You agree that Our Services and each of its components, including all intellectual property rights associated with it, are our exclusive property and/or that of our licensors. Any full or partial reproduction or representation of Our Services or any of its components, without our content or that of our licensors, is prohibited.

12.3             Except as strictly necessary to use Our Services, other than with the prior, written approval of us or our licensors, you shall not use, reproduce, adapt, modify, create derivative works of, distribute, grant a licence to, sell, transfer, present publicly, transmit, disseminate or operate in any other manner, Our Services or any of its components.

12.4             All the other trademarks, logos, service marks, corporate names or product names appearing on Our Services shall remain the intellectual property of their respective owners, such as the Transportation Providers.

13                     Confidentiality

13.1             You agree not to use the technical, financial or strategic information, or other trade secrets or confidential information about or in connection with Our Services, the Transportation Provider Service and our activities, operations or properties (“Confidential Information”) which we may have disclosed to you through your use of Our Services or as part of the Transportation Provider Service.

13.2             You may not disclose our Confidential Information to any third party and you must preserve the confidentiality of, and avoid the disclosure or use of, Confidential Information, including preventing any of it falling into the public domain.

14                     Customer services – claims or complaints

14.1             Requests for information, clarification, complaints, lost items or payment issues (including refunds and chargebacks) that relate to a booking can be communicated to the Transportation Provider. We can help you contact the Transportation Provider if you send us an email on the address below.

14.2             You may also send us any complaints or claims with regard to Our Services. Our involvement with any complaint, claim or request that relates to a booking does not imply that we have any liability for it and shall not be construed as admission of liability. We shall transfer any complaint, claim or request you make to us in relation to a booking or the provision of a taxi ride to the relevant Transportation Provider.

14.3             We will use commercially reasonable efforts to give you necessary information to improve your experience using Our Services. We also welcome your feedback and comments about your use of Our Services and the Transportation Provider Service.

14.4             Please contact us directly via email for any customer claims, complaints, feedback or support information: support@taxibutler.com.

15                     Termination

15.1             We may terminate these Terms of Use and your use of Our Services or the Transportation Provider Service if:

−     we believe that your actions may cause financial loss or legal liability for us or our other users; or

−     we suspect that you have engaged in fraudulent activity in connection with Our Services or the Transportation Provider Service.

15.2             We may in our sole discretion suspend you from or prohibit your use of Our Services or the Transportation Provider Service for any reason.

15.3             We reserve the right, but are not obligated, to investigate and terminate these Terms of Use and your use of Our Services or the Transportation Provider Service if:

−     you have misused Our Services or the Transportation Provider Service;

−     you have behaved in a way which could be regarded as inappropriate;

−     your conduct is unlawful or illegal; or

−     you have breached any terms of these Terms of Use.

15.4             We have no obligation to provide any compensation to you for any costs incurred for the use of Our Services or the Transportation Provider Service if these Terms of Use are terminated on the basis of this clause.

16                     Personal data

16.1             Please refer to our Privacy Policy, which is incorporated by reference in these Terms of Use, for more information (https://taxibutler.com/terms). By using Our Services, you acknowledge to have been informed of our Privacy Policy.

16.2             Please also refer to the Transportation Provider T&C’s, which include the privacy policy of the Transportation Provider, for information on the processing of your personal data by the Transportation Provider. To be clear, we are not liable for the processing of your personal data by the Transportation Provider as an independent controller. By booking a taxi, you acknowledge to have been informed of the privacy policy of the Transportation Provider.

17                     Links to other websites

17.1             Our Services may contain hyperlinks to websites operated by third parties. We do not control such websites and we are not responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you. We are not responsible for the accuracy of opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on Our Services does not imply or constitute approval or endorsement of the linked website by us.

17.2             If you decide to leave Our Services to access third party websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while browsing on such websites. We are not responsible for information provided by you to third parties. Accordingly, we strongly recommend that you review the privacy policy and operating procedure of such websites.

18                     Governing law and competent court – international

18.1             If you are a resident of any country other than the United States of America, the legal relationship between you and us is exclusively governed by the laws of the Netherlands, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction. Any dispute between us and you will be exclusively submitted to the competent court in Amsterdam, the Netherlands.

18.2             However, nothing in these Terms of Use affects your rights as a consumer and resident of your particular country to rely on mandatory provisions of local law. 

18.3             If you are a consumer resident in the European Union and wish to have more information on online dispute resolution, you should follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.

19                     Governing law and competent court – United States of America

19.1             If you are a resident of the United States of America, the following applies:

                 Governing law

19.2             The legal relationship between you and us is exclusively governed by the laws of the State of New York, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction.

                 Agreement to arbitrate and class action waiver

19.3             Except for disputes brought in small claims court, any dispute arising out of or relating to these Terms of Use, Our Services, or any relationship between the parties, or any of their parents, subsidiaries, affiliates, successors, officers, directors, or employees, heirs and permissible assigns, without limitation, no matter how described, pleaded or styled, will be resolved through final, binding arbitration under the substantive and procedural requirements of the Federal Arbitration Act.

19.4             The arbitration will be conducted by a single, neutral arbitrator chosen by the parties, who shall be a retired judge or a lawyer with at least ten years of active practice in technology law. The arbitration shall be conducted under the Consumer-Related Disputes Supplementary Procedures and expedited procedures of the American Arbitration Association (“AAA”). You understand the information about the AAA arbitration process and the AAA Consumer Rules can be obtained at www.adr.org. The arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration. The arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties. The parties agree that the arbitrator, and not a court, will have exclusive jurisdiction over the interpretation, validity, and scope of this arbitration agreement. The costs of the arbitration filing fee, arbitrator’s compensation, and facilities fees will be paid by us. Each party will pay for its own attorneys’ fees and costs. Any dispute or claim will be brought solely in that party’s individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action or consolidated action. The fact of and all aspects of this arbitration and the underlying dispute will remain strictly confidential by the parties, their representatives, and the AAA. The parties agree that any actual or threatened violation of this provision would result in irreparable harm and will be subject to being immediately enjoined. If this arbitration agreement is declared unenforceable and cannot be administered, interpreted, or modified to be enforceable, the parties agree to waive any right to a jury trial for any dispute to which this agreement applies and any dispute will be commenced and maintained exclusively in the state or federal courts in New York and the parties each consent to the personal jurisdiction of the courts. This provision survives the termination of these Terms of Use. Notwithstanding anything herein to the contrary, you retain the right to pursue any claim in a small claims court and proceed on an individual basis for any such claim that is within the court’s jurisdiction.

19.5             BY ACCEPTING THESE TERMS OF USE YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND ANY RIGHTS YOU MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIVE, CONSOLIDATED OR MASS ACTION BASIS.

20                     Miscellaneous

20.1             These Terms of Use (and any other terms and conditions referenced herein) constitutes the entire and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to Our Services, the Transportation Provider Service or any products or services provided by or through Our Services, and the subject matter of these Terms of Use.

20.2             Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with law enforcement requests or requirements relating to your use of Our Services or information provided to or gathered by us with respect to such use.

20.3             The clauses of these Terms of Use shall survive termination to the fullest extent necessary to govern the legal relationship between you and us in relation to your use of Our Services at any time.

20.4             Should a provision of these Terms of Use become partially or fully ineffective, the other provisions shall remain unaffected. The ineffective provision is, in such a case, considered to be replaced by a provision that is effective and differs as little as possible from the content and scope of the original provision.

20.5             Failure on our part to insist on performance of your obligations or to exercise any rights does not constitute a waiver of our rights.

20.6             Each of the clauses of these Terms of Use also apply on behalf of our directors, officers, employees, agents, contractors, successors and assigns, as well as our subsidiaries, parent and sister companies and other companies that are part of our group, as well as the (legal) persons or entities, auxiliary persons, and subordinates that we engage in performing Our Services.

20.7             The legal relationship between you and us and your rights and obligations under these Terms of Use cannot be transferred without our prior written consent. This provision has effect under property law. We may, however, assign the legal relationship between you and us in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of our assets or voting securities, and we may also assign these Terms of Use to any of our affiliates.

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