Terms and Conditions for Taxi Favorit application
INTRODUCTION
These terms and conditions (Terms and Conditions) constitute the legal agreement between you and Taxi Favorit. Please read these Terms and Conditions before using any Taxi Favorit Customer Application (Application). In order to use the Application we need your agreement regarding these terms and conditions. The registration of an account on the Application and / or the use of the intermediation services offered by the Application represents the acceptance of these Terms and Conditions.
By your agreement regarding these Terms and Conditions, you declare and guarantee that you are 18 years old and have full capacity to exercise or, in the case of a business account, that you are a company registered and operating in accordance with the laws of Romania, and your representatives are in you are validly authorized to express your agreement regarding the access, visit or use in any other way of the Application.
The application is a mobile software that allows you to order a taxi through a mobile device, without any other formalities. The application automatically detects the location of the Client and after confirming the address, will send orders to the available drivers in the respective area. More details on the functioning of the Application can be found in the sections Purpose of the Application, the Conditions for the proper functioning of the Application and the Functionalities of the Application.
DEFINITIONS
The terms used below will have the following meaning:
- CLIENT - Any person or company with full exercise capacity who accesses the Application being interested in the services offered by the Transporters;
- Transporter - Any person or company having as object of activity transport goods and persons, in taxi regime, respecting the legal conditions, which creates their account on the Application, proposing the offers of transport and following the conclusion of transport contracts with the Customers through the Application.
- DLG ALEXANDRA SRL, legal company established and functioning in accordance with the Romanian law, with headquarters in Str. Opanez Nr. 3, DOLJ, CRAIOVA, Unique Registration Code 38310688 represents the entity that dispatches the Transporters
- TRANSPORT REQUEST - the request made by the Customer requesting a transport offer from the Transporters;
- Account - the way of registering the Transporters / Customers within the Application, the way by which they can present their offers, respectively the transportation requests.
- APPLICATION - Taxi Favorit IT platform through which the demand and supply for transport services are connected;
PURPOSE OF THE APPLICATION
The purpose of the Application is the intermediation of transport services between Customers and Transporters. Any use of the Application for other purposes is not permitted, and Taxi Favorit will not be liable for any damage caused by using the Application for other purposes.
CONDITIONS FOR THE CORRESPONDENT OPERATION OF THE APPLICATION
The application works with any type of device (phone or tablet) with Android or iOS operating system and which meets the following conditions:
* The device has GPS chipset;
* The device has all the specific options for optimum active operation, respectively:
1. GPS option enabled;
2. all location services are activated;
3. the mobile data option enabled.
In order to benefit from all the functionalities of the Application, please contact the technical department, at contact@taxifavorit.ro, to verify that your device meets the technical specifications necessary for an optimal functioning of the application.
The application is compatible with any of the mobile networks with 2G, 3G or 4G mobile data connection.
Customers wishing to use the Application will create an Account for Application, providing the following personal information, subject to the terms of the Taxi Favorit Privacy Policy:
1 Customer identification data, in accordance with the reality;
2 The Client\'s contact details, as requested by the Application;
3 Other information requested when registering the Account.
Not allowed:
- the attempt to intervene, by any means, in the content of the application site, the deletion or modification by any means of the materials and information delivered, or the attempt to act for this purpose;
- trying to test or scan the vulnerability of any system in the Taxi Favorit network accessing any servers or services in the Taxi Favorit network that are not public, without the prior authorization of the Taxi Favorit;
- trying to intervene in the functioning of the hosting servers or in the Taxi Favorit network by any means, including attacking them by "flooding" or "DOS";
- use of any e-mail addresses published through the site for distribution on mailing lists or for sending commercial emails ("spamming") or for any other purpose than sending justified personal emails, without the written consent of holders of these addresses.
Failure to comply with any of these rules will result in civil, criminal or contraventional liability, as the case may be. Taxi Favorit will investigate the facts that involve such violations, cooperating with the authorities to prevent or prevent such violations.
APPLICATION FUNCTIONALITIES
The application allows you to identify cabs. In order to contract a ride with a Transporter, the Customer will take the following steps:
1 open the Application;
2 enter the address of the place where it is located or select the option for identification by Application of the exact address;
3 optional, can enter the address of the destination of the ride;
4 select the search options for available drivers;
5 The customer accepts or refuses the ride at the moment indicated by the most appropriate transporter found;
6 The acceptance by the Client of the offer of the driver is equivalent to the agreement for the conclusion of a contract between the Client and the Transporter having as object the provision of transport services, under the conditions established by the Transporter;
7 The client waits for the arrival of the car during the indicated time and for the ride.
The application will also provide following functions: the possibility of payment by card of the value of the ride through the Application, the communication with driver through messaging, the selection of various options related to the car (air conditioning, extra space for luggage, travel with a pet, etc.) and the possibility to give a rating to the driver or to make suggestions and complaints through the Application. Regarding the complaints about the Intermediated Services by Application, Taxi Favorit can transmit these claims to the driver.
As regards the possibility of payment with the card through the Application, the commissions agreed with the payment processor will be retained.
Taxi Favorit RIGHTS AND OBLIGATIONS
Taxi Favorit undertakes to publish all Requests transmitted by the Customers through the Application, which comply with the provisions / conditions imposed by these Terms and Conditions.
Taxi Favorit is obliged to remedy as soon as possible the possible malfunctions claimed regarding the operation of the Application or any inconsistencies between the data provided in the Transport Request by the Customer and the data published on the Application by the Taxi Favorit, except for those inconsistencies reported by the Customers which is due to the fact that Taxi Favorit has partially modified the Ride Request so that it fulfills the conditions imposed by this document in order to be maintained posted on the Application.
Taxi Favorit reserves the right to modify or update at any time the Terms and Conditions, notifying the respective modification before using the Application by the Client. The Terms and Conditions can be accessed at any time in the Terms and Conditions section of the Application. If the Customer does not agree to the modification of the Terms and Conditions, he will no longer be able to use the Application.
Taxi Favorit may change at any time the content and conditions of use of the Application. The changes become valid when they have been made public through the Application.
CUSTOMER RIGHTS AND OBLIGATIONS
The client has the right to benefit from the Application as long as it does not violate the provisions of the Terms and Conditions. Subsequently, the Customer assumes the following obligations and has the following rights:
Contracting transport services by Application.
The ride request submitted by the Customer must be firm and correct. This means that the transport request must include the actual location of the person to be transported. The Client is directly responsible for the failure of the Transporters to carry out the transport services at the Client\'s fault, including but not limited to, the erroneous mention of the address from which the Client wishes to start the ride.
For the normal operation of the Application and for ensuring an efficient environment for the intermediation of the transport services, for cases justified by the Client\'s behavior, Taxi Favorit reserves the right to suspend the Client\'s Account for a period of 24 hours.
Execution of the services of Transporters.
Although Taxi Favorit is not a transport service provider, the Customer has the right to report any irregularities regarding the provision of the transport service to Taxi Favorit. In this case, Taxi Favorit may apply sanctions for suspending the Accounts of the drivers, for excluding the drivers from the Application or for terminating the contractual relations with the Transporter. Also, in case of reporting the inappropriate conduct of the drivers, Taxi Favorit will send the reports received to the Transporter.
Payment for transport services.
The use of the Application is free for Customers. This will not, however, affect the Client\'s obligation to pay the carrier\'s fares, the gratuity referring only to the Client\'s use of the Application.
Other.
To the extent that the Client finds out that the Carrier or the taxi driver or the transport driver in the rental regime does not hold the authorizations / notices / permits / certificates / licenses required under the law for the provision of the transport services, the Client has the obligation to notify this fact to Taxi Favorit, thus so that the latter can start the procedure for verifying the authorizations of the respective Transporter or taxi driver.
The client has the right to benefit from assistance and support from Taxi Favorit, through the possibility of accessing the department of relations with Taxi Favorit Customers, to the contact data identified in the Application. We emphasize that it is the Client\'s right to address and / or directly to the Transporters.
The client can withdraw at any time from this contract by deleting the account and uninstalling the application without paying any money. Withdrawal from this contract will lead to the impossibility of using the Application by the Client. Following the creation of the Account, the use of the Application is equivalent to accepting the Terms and Conditions in the form existing at the time of the Announcement.
INTELLECTUAL PROPERTY
The entire content of the Application, including, but not limited to texts, images, graphics, computer programs, as well as any other data and applications, are the property of Taxi Favorit and / or its partners, being protected according to Law no. 8/1996 regarding the copyright and the rights related to the subsequent amendments, as well as to all other laws, including but not limited to the applicable laws regarding intellectual and industrial property rights.
Taxi Favorit grants the Customer a right to use the Application non-exclusively and temporarily for the period during which the Customer maintains his Active Account.
CONFIDENTIALITY
These Terms and Conditions are supplemented by the Taxi Favorit Privacy Policy located on the website https://taxiromaniaonline.ro/taxifavorit and within the Application in the "Privacy Policy" section of the application\'s side menu. I recommend the client to consult his own policy? of the confidentiality of the transport service providers.
LIMITATION OF LIABILITY The transport service will be provided on the basis of the terms and conditions of each Transporter and according to the applicable law. Taxi Favorit is not responsible for the modality or quality of the provision of the Services, this responsibility being of the Transporters, as providers of the Services. Also, any legal obligation of the Transporter towards the Customer will remain with the Transporter. To avoid any doubt, Taxi Favorit does not replace the Transporter and does not provide Customer Services. Taxi Favorit performs its due diligence to ensure that the Transporters hold the authorizations required by the legislation regarding the taxi transport for performing these services. However, to the extent that there is no evidence that Taxi Favorit would have been aware of this case at the time of contracting the ride and would have accepted it, if it proves that the Transporter did not hold the authorizations required by law at the time of contracting and / or the performance of the ride, the Client may request exclusively to the Transporter the coverage of any created damage.
As regards the transmission of all fiscal supporting documents to the Client (ie the client\'s invoice, the invoice for the Services, the invoice for the TIPS), these obligations auxiliaries to the Services belong exclusively to the Transporters and / or the drivers, who have the responsibility for fulfilling these obligations.
By creating and using the Account, the Client assumes responsibility for maintaining the confidentiality of the Account data (user and password) and for managing the access of the Account and, to the extent permitted by the legislation in force, is responsible for the activity carried out through his Account.
Taxi Favorit cannot be held liable for damages of any kind that the Client or any third party may suffer as a result of the Taxi Favorit fulfilling any of its obligations under these Terms and Conditions.
Taxi Favorit is not responsible for damage in case of force majeure (earthquake, fire, etc.).
APPLICABLE LAW. DISPUTE
The provisions of these Terms and Conditions are governed and are subject to the Romanian legal provisions in force.
Customers who are going to use the Application will try to friendly resolve any disputes arising as a result of using the Application.
Any dispute arising in connection with the Terms and Conditions of the Application may be settled by the competent courts in the city of Craiova.
FINAL PROVISIONS
The client expressly accepts the provisions of the above sections "Rights and Obligations of the Client" and "Limitation of Liability".