Terms and Conditions for passengers regarding the use of the MyCab Digital Platform
Date: 11th of March 2020
1.1 „T&C” means these terms and conditions of M&M Express for the use of the MyCab Digital Platform for Users.
1.2 „Users” means individuals who have registered with the MyCab Digital Platform to contract transport services. If the Users are the beneficiaries of the transport services, they will be called passengers in these T&C.
1.3 „Business Account” means a user account offered to Business Customers, which makes it possible to reserve business trips for and by the employees of the Business Account holder. The Business account is subject to separate agreements between M&M Express and the Business Customer.
1.4 „Digital Platform” or „MyCab Digital Platform” means the application administered by M&M Express called MyCab, for mobile devices that allow Internet connection, in particular smart phones and tablets, through which Users can contract with the Transport Service Providers. The digital platform also includes other components external to the mobile application that are intended for Users, such as the Web Booker function.
1.5 „M&M Express“ means M&M Express S.R.L., a legal entity established and operating in accordance with Romanian law, with headquarters in Brasov, Calea Bucuresti no. 102/C, Romania, registered with the Trade Registry under no. J08 / 1438/2001, Tax Registration Code 21807926 , IBAN account: ____________________, opened with _______________________________.
1.6 „Transport Services Provider” means any authorized legal entity or individual having as scope of activity the transport of goods and individuals, in compliance with the legal conditions, who create their account on the Digital Platform, proposing the offers of transport and following the conclusion of transport contracts with the Users through the Digital Platform. The activity of transporting goods and individuals means
(i) the activity of transport under taxi regime,
(ii) the activity of transport under lease regime with driver and
(iii) the activity of alternative transport by car and driver,
as they are regulated by Law no. 38/2003 regarding the transport under taxi and lease regime (“Law 38/2003”) and the Government Emergency Ordinance no. 49/2019 regarding the alternative transport activities by car and driver (“GEO 49/2019”).
1.7 „MyCab Services” means the services offered by M&M Express through the MyCab Digital Platform for the purpose of concluding and executing transport contracts between the Transport Service Providers and the Users.
1.8 „Web Booker” means the component of the Digital Platform, external to the MyCab passenger application, through which the User can access the MyCab Services through the use of the dedicated website.
2.1 These T&C apply between M&M Express and Users as long as the User uses the MyCab Digital Platform on the Romanian territory. To the extent that the User will also use the Digital Platform outside the territory of Romania, the corresponding T & Cs will be applicable, which may be consulted at that time.
2.2 By installing and using the Digital Platform, the User declares that he / she accepts these T&C. If the User does not accept these T&C or cannot validly consent, the use of the Digital Platform is not allowed. By accepting these T&C, the User declares and guarantees that he/she is at least 18 years old and has full exercise capacity, and in the case in which the use of the Digital Platform is made in the context of a Business Account, the User declares and guarantees that he/she has the capacity and power to use the Digital Platform as such.
2.3 For other additional / separate services to the MyCab Services, different / additional rules may be applied, rules that will be properly made known to the Users, through the Digital Platform or by any other method, depending on the specificity of each additional service.
2.4 The transport service intermediated through the MyCab Digital Platform is an independent service that is not provided by MyCab, but by the Transport Service Providers. The MyCab services will be provided by M&M Express based on the acceptance by the User of these T&C, while the transport services of the Transport Service Providers will be provided under the transport contracts concluded between the Transport Service Providers and Users through the Digital Platform, the respective transport contracts being displayed on the Digital Platform, as the case may be.
2.5 M&M Express retains the right to modify these T&C with effect for the future. M&M Express will inform the User in due time of any changes to these T&C. To this end, M&M Express shall notify the User of the new version of T&C through the Digital Platform or by any other equivalent method. Continued use of the Digital Platform represents the User’s acceptance of the updated T&C.
3 Purpose of these T&C
3.1 The purpose of these T&C is the provision by M&M Express of the MyCab Services for Users, respectively the intermediation of transport services between Users and the Transport Services Providers. Also, in the light of the provisions of GEO 49/2019, regarding the alternative transport by car and driver, M&M Express participates in the provision of transport services, together with the Transport Service Provider, by fulfilling the obligations stipulated by GEO 49/2019 that falls with the digital platform operator. M&M Express is not responsible and is not liable for the actual transport services of the Transport Service Providers, including the availability regarding the transport service requested by the User. M&M Express does not guarantee that the information transmitted (for example, time indications, vehicle information, etc.) is accurate and complete or that it reaches the User in a timely manner, nor that an order will be successful and / or that a transport contract will be concluded. Without prejudice to the above, M&M Express assumes and will fulfill all the obligations imposed by the specific legislation.
3.2 The Services of the Transport Service Providers may be as follows:
(i) Taxi services, as regulated by Law 38/2003;
(ii) Transport services for hire with driver, as regulated by Law 38/2003;
(iii) Alternative transport services, as regulated by GEO 49/2019 and the secondary legislation for its application.
Each type of intermediated service will be identified distinctly within the Digital Platform, in order to correctly and accurately inform the Users. Upon placing an order, after inserting the destination address, MyCab Digital Platform will direct the user to the section listing the types of Transport Services that may be selected, the selection stage of the transport service being mandatory for the successful placement of the order.
M&M Express has the right to modify the MyCab Services at any time, e.g. in order to develop or improve their quality or to discontinue the provision of services. Information regarding such changes or interruptions of the service is made in a timely manner in advance on the Digital Platform or in an equivalent way.
3.3 The User may also obtain the MyCab Services on the basis of a Business Account through the Digital Platform, insofar as it links the User account to a Business Account. In such a case, the provisions specific to the Business Services, accepted by the User / at the expense of the User, are applicable. In particular, the User has the obligation to refrain from obtaining the MyCab Services which are declared unrealistically as carried out on the basis of a Business Account. M&M Express does not investigate the purpose of the trips made and assumes no responsibility for the consequences and costs of the private trips that are declared by the User as being made on the basis of a Business Account.
4 Utilization of these Digital Platform pursuant to these T&C
4.1 The use of the Digital Platform is subject to the registration of the User (i.e. “User Account”) by providing the first and last name, e-mail address and telephone number and by setting an individual password. The digital platform can only be used by the user’s compliant, own, personal registration.
4.2 The user must securely store the login information for his/her user account and cannot communicate them to third parties or give them access to the passenger application. The User is solely responsible for the confidentiality and security of his/her User Account. Any unauthorized use by third parties or suspicion in this regard must be immediately reported to M&M Express.
4.3 The digital platform works on any type of device (phone or tablet) with Android, iOS operating system and which meets the following conditions: (a) the device has GPS chipset and (b) the device has all the options specific to the optimum active operation (e.g. GPS option enabled, all location services enabled, mobile data option enabled). The User ensures, at his/her own expense and at his/her own costs, that the technical requirements for using the Digital Platform are met by the User’s device. This includes the configuration and performance of the User’s device, updating the necessary software (for example, the operating system) and Internet access.
4.4 The user must use the Digital Platform exclusively for the purpose described in section 3 above. Also, the use of the Digital Platform must not cause adverse effects, overloads or damages, and the purpose set by the Digital Platform must not be endangered or circumvented. The user must neither on his/her own account, nor through third parties, use of or modify the security measures of the Digital Platform.
4.5 M&M Express expressly reserves the right to block the User Account and / or ancillary functions, either fully or temporarily, if this is justified by a reasonable cause in connection with the security of the User Account or if there are suspicions of an unauthorized or fraudulent use of the user account or ancillary functions. In such cases, prior to blocking, M&M Express has the obligation to inform the User about the blocking of the User Account or the ancillary function, motivated, to the extent that this approach is permitted by law and, if not possible, without undue delay after a such locks. M&M Express reserves the right to block the User Account in case of improper conduct by the Customer, including the conduct towards the Transport Service Providers or regarding the payment of their services. M&M Express retains the right to attract the User’s liability for any act of civil / contravention / criminal nature thereof.
5 Functionalities of the Digital Platform
5.1 The main functionality of the Digital Platform is to ensure the intermediation of the contracting of the transport services between Users and the Transport Services Providers. In this regard, for the contracting of some transport services, the User must go through the steps displayed by the Digital Platform. In addition, through the Digital Platform, the User and other auxiliary functions are available, such as: the possibility of paying by card the value of the rides through the Digital Platform (“PaybyApp”), the possibility of issuing notes to the drivers and selecting them according to notes, the possibility of receiving complaints regarding any incidents regarding the transport routes contracted through the Digital Platform, etc. The digital platform displays to the Users data regarding the tariff, before accepting the transport offers. For taxi services, the rates of the taxi service provider are displayed on the front doors of the taxi, according to the legal provisions in force. The tariffs of the taxi service provider are established by the provider toghether with the dispatch to which the provider is affiliated. The digital platform shows only an estimated cost only in cases where the passenger has entered the desired destination. The estimated values of the application have a purely indicative role, since the price of the taxi transport service actually rendered is calculated by means of the taximeter, which may be even higher or lower than the values estimated by the application.The functionalities of the Digital Platform fully comply with the legal provisions applicable to the MyCab Services.
5.2 The user has the possibility to select the payment method of the rides, respectively: (i) in cash or at the driver’s POS, if the vehicle is equipped for this purpose or (ii) by card through the Digital Platform (PaybyApp).
5.3 For the use of the PaybyApp function, the User will store the register of payment methods offered (credit card, PayPal) in the Passenger Application together with his/her payment information. The registered payment method can be changed, adjusted or deleted at any time by the User in the passenger application. In addition, the User may, in the context of the payment dialog, directly select which of the registered payment methods will be used in relation to the respective payment process. Depending on the system implemented byM&M Express regarding PaybyApp functionality, payments may be made by the User to M&M Express, in a first stage, followed by M&M Express making payments to the Transport Service Providers, in a second stage. In this respect, by accepting these T&C, to the extent that the payment of the User’s transport services is not made directly to the Transport Service Provider, the User expressly authorizes M&M Express
(i) to collect the amounts representing the value of the transport charges from the Users
(ii) to make these payments to the Transport Service Providers, representing the value of the transport rides.
This mandate may be carried out directly by M&M Express or indirectly, through the /by interposition of other M&M Express affiliates or third parties, the User expressly accepting this mandate, respectively sub-mandate. In any case, in the event that the User has transferred to the agent / sub-agent the amounts representing the value of the transport charges, M&M Express assumes the responsibility for fulfilling the mandate received, respectively to make the payments to the Transport Service Providers, with M&M Express remaining responsible for the damages created to the User in case of failure to fulfill its mandate. However, to the extent that the User does not transfer to the agent / sub-agent the amounts representing the value of the transport charges, the User accepts that both M&M Express and the Transport Service Provider may go to the Customer to recover these amounts, as the case may be.
5.4 By using the PayByApp application, the User declares his / her consent for the collection of applicable charges / commissions / fees1. The user accepts any requests for authentication of payment data or payments, in order to make payments through the selected payment method, as well as any requests for pre-authorizations, as requested during the use of the Digital Platform.
5.5 M&M Express expressly reserves the right not to offer certain payment methods, in compliance with all applicable legal provisions.
5.6 To the extent that a payment through the PayByApp function fails, the selected method of payment may be automatically attempted (at any time thereafter), to be debited until the entire outstanding amount is recovered, without the need for additional agreement from the User.
5.7 M&M Express reserves the right to carry out a pre-authorization transaction for validation purposes using the payment method in the following situations:
• When the User registers a new payment method (for example, credit card) for Pay by App. Registering a new payment method will fail if the pre-authorization fails.
• When the User issues an order whose payment is to be made through Pay By App, in order to avoid fraud.
Any pre-authorization may temporarily reduce the balance available for the respective payment method by the amount of the pre-authorization for an estimate period of 10 working days2 and may appear as a temporary hold on the relevant payment card. The pre-authorization amount will not be charged for the payment method in question. By using the PaybyApp feature, the User consents to the M&M Express pre-authorization procedure.
1 At this time no fees / commissions / fees are charged, the User will be notified in advance when M&M Express will start charging.
2 The term of 10 working days represents an estimate, the duration of which can be shorter or longer. This interval is influenced by the issuing institution of the payment method terminate the contract concluded with the User through these T&C. The exercise of other rights by M&M Express remains unaffected.
5.8 During the use of the Digital Platform, the User may benefit from different promotions and bonuses. These promotions and bonuses will be made according to the regulations applicable to each action. As a general rule, the User can use a promotional code only if he/she selects PaybyApp as a payment method. The promotional code will be valid for a single trip and can be used only once by the User during the specified promotion period. Promotional codes that are not redeemed during the promotion period expire without any compensation. A promotional code for a first PaybyApp trip, can be used only once by the User and at the first payment through PaybyApp service. If until then, the User has not used the promotional code for the first PaybyApp trip, the code expires and can no longer be used or restored or changed with another one. The code must be accepted as valid. The appropriate promotional codes cannot be combined with other promotions, coupons or discounts. Codes do not have a cash value, they are not transferable and can be used only once. Losing the promotional code will not give you any right of replacement. Promotional codes cannot be sold, resold or exchanged for cash. In the event of unauthorized use of promotional codes, M&M Express will be entitled to block the User’s Account. Also, in case of fraud, attempted fraud or suspicion of other illegal activities related to the promotional code, M&M Express will be authorized to block or delete the corresponding user accounts.
6 Payment for MyCab Services
6.1. To the extent that these T&C do not provide otherwise, MyCab services are free of charge to the User.
6.2. M&M Express reserves the right to charge from the User a series of additional penalties / fees / tariffs, related to improper conduct of the User, services and / or facilities of the Digital Platform. These penalties / fees / tariffs are described in Appendix no. 1 to this document and displayed in the Digital Platform. The Digital Platform reserves the right to add other charges and / or fees, with the prior information of the Users by modifying these T&C or by direct notification within the Digital Platform.
7 Utilization Rights
7.1 M&M Express grants the User a simple, revocable, non-transferable and non-exclusive right to use the Digital Platform, in the context of these T&C. This right of use is, however, limited to the use of the Digital Platform for the purposes described in these T&C.
7.2 The user is forbidden to duplicate the Digital Platform, in whole or in part, as well as to rent it, to process it, to modify it or to license it. In addition, the User is forbidden to decompile, disassemble or reverse-engineer (“Inverse Engineering”) the Digital Platform.
8 Forbidden utilization, Liability for Contents
8.1 The user is prohibited from using the Digital Platform in order to upload, save, transfer or distribute materials that are illegal, which pose a risk to minors, that denigrate others and / or that insult or are otherwise unlawful.
This includes unlawful distribution of content that violates the data protection law, intellectual property law, industrial patent law, ancillary copyright laws, personality rights and / or other rights of a third party.
8.2 The user of the Digital Platform is solely responsible for the content transmitted thereby, as well as for the use of the Digital Platform. The User will be responsible for the content regarding M&M Express, which was provided or made available by a third party or another User and which was transmitted by its registration.
8.3 M&M Express reserves the right, but without any obligation, to examine the content of the User’s activity in order to comply with the permitted uses provided for in these T&C. In the event of a breach or the possibility of a breach, M&M Express is authorized to block, modify or delete the User’s content. In addition, M&M Express is authorized to block all or part of the User Account of the respective User with immediate effect and / or to
9 Intellectual Property Rights and any prejudice coverage
9.1 The entire content of the Digital Platform, including, but not limited to texts, images, graphics, computer software, as well as any other data and applications, is the property of M&M Express and / or its partners, being protected in accordance with Law no. 8/1996 regarding the copyright and the rights related thereto, with the subsequent amendments, as well as to all other laws, including but not limited to the applicable laws regarding intellectual and industrial property rights.
9.2 The User will indemnify M&M Express for all claims, including claims for damages, which other Users or other third parties have requested from M&M Express, due to the violation of their rights by the User due to the content uploaded or generated by the User to the Digital Platform, or because of any other incompliant use of the Digital Platform by the User. The user accepts all reasonable costs incurred by M&M Express, due to the infringement of the rights of third parties, including the reasonable costs that arise during the procurement of a legal defense. All rights and additional damages of M&M Express shall remain unaffected.
9.3 If the third party raises claims against M&M Express, the User has the obligation to completely and immediately inform M&M Express, in assessing the situation and preparing a defense.
9.4 If the use of the Digital Platform by the User violates the rights of third parties, the User will immediately stop using it, as appropriate.
M&M Express cannot guarantee the User’s continuous and uninterrupted availability on the Digital Platform. However, M&M Express strives to ensure availability at the highest level and to remedy interruptions as quickly as possible. Also, M&M Express does not guarantee that the use of the Digital Platform will in all cases lead to the conclusion of a transport contract with a Transport Service Provider.
11 Utilization of MyCab Services
11.1 Contracting the transport services through the Digital Platform. The request submitted by the User must be firm and correct. This means that the request must include the actual location of the individual to be transported. The User is directly responsible for the failure to perform by the Transport Service Providers of the transport services due to the User, including, but not limited to, the erroneous mention of the address from which the User wishes to start the ride.
11.2 For the normal operation of the Digital Platform and for ensuring an efficient environment for the intermediation of the transport services, for cases justified by the User’s conduct, M&M Express reserves the right to suspend the User’s Account.
11.3 Although M&M Express is not a provider of transport services, the User has the right to report any irregularities regarding the provision of the transport service to M&M Express. In this case, M&M Express may impose penalties on Transport Service Providers. Also, in the case of reporting the inappropriate conduct of the drivers, M&M Express will send the reports received to the Transport Service Providers.
11.4 To the extent that the User finds that the Transport Service Provider or the driver does not hold the necessary authorizations / notices / permits / certifications / licenses under the law for the provision of transport services, the User must notify M&M Express of this fact so that the latter can start the procedure for verifying these documents.
11.5 The user has the right to benefit from assistance and support from M&M Express, through the possibility of accessing the M&M Express Customer relations department, to the contact details identified in the Digital Platform. We emphasize that it is the Customer’s right to address and / or directly to the Transport Service Provider.
11.6 The User may withdraw from this contract at any time by deleting the User’s Account and uninstalling the Digital Platform without payment of any amount of money. Withdrawal from this contract will make it impossible for the User to use the Digital Platform. Following the creation of the Account, the use of the Digital Platform is equivalent to the acceptance of the Terms and Conditions in the form existing at the time of use.
12.1 The transport service will be provided under the terms and conditions of each Carrier and according to the applicable law. M&M Express is not responsible for the method or quality of the provision of transport services, this responsibility falling tof the Transport Service Providers. Also, any legal obligation of the Transport Service Provider towards the User will remain the responsibility of the Transport Service Provider. In order to avoid any doubt, M&M Express does not replace the Transport Service Provider and does not provide transport services for Users.
12.2 For damages suffered by the User due to the use of the passenger application, M&M Express is liable only for the intent and gross negligence. Especially in cases where an incorrect, incomplete or delayed transmission of information or a lack of availability or, as the case may be, a disruption of the Digital Platform results in damages, M&M Express will be liable only to the extent that the damage was caused by intent or serious negligence.
12.3 The limitations of liability do not apply in the context of the guarantees assumed or for the damages caused to the life, personal integrity or health of the User.
12.4 If the Digital Platform or data transmission results in adverse effects or damage to the User’s hardware or software, M&M Express is liable only to the extent that they were caused by intent or gross negligence.
12.5 Damages affecting the User in the context of the transport of individuals contracted through the Digital Platform are settled between the contracting parties of the transport contract (respectively the User and the respective Transport Service Provider). M&M Express’s liability for the services provided by the Transport Provider is excluded.
13 Contract Duration and Termination
13.1 The contract for the use of the Digital Platform is concluded by the acceptance of these T&C by the User and
has an indefinite duration.
13.2 The contract for the use of the Digital Platform may be terminated by either party, in writing, without the need for motivation in this regard or by uninstalling the Digital Platform. M&M Express may terminate this contract by simply sending a written notification to the User via the application and / or by e-mail.
14 Data Protection
15 Applicable law, Jurisdiction, Litigations
15.1 The provisions of these T&C are governed by and are subject to the Romanian legal provisions in force.
15.2 Users who are going to use the Digital Platform will attempt to amicably settle any disputes arising from the use of the Digital Platform.
15.3 Any disputes arising in connection with these T&C may be settled by the competent courts.
15.4 By using the Digital Platform, the User states that he/she understands that the services provided by M&M Express to provide the Digital Platform are subject to the provisions of GEO 49/2019 regarding the alternative transport activities by car and driver.
16 Final provisions
16.1 The user expressly accepts the provisions of the sections 2, 3, 4, 5, 6, 7, 11 and 12 above.
16.2 If a clause of these T&C is invalidated, declared inapplicable or canceled, it does not affect the validity of the other clauses. Instead of the inapplicable clause, a provision is considered accepted that has a meaning as close as possible to the economic meaning of the inapplicable clause.
16.3 By accepting these T&C, the user states that he/she has become aware and that he/she is not misled regarding the services intermediated through the Digital Platform. Specifically, if certain references to the activity of M&M Express are made using the phrase “Clever Taxi”, the User states that he/she understands that the services intermediated through the Digital Platform are not limited to the transport services under taxi regime.
16.4 The Customer accepts these T&C by checking the appropriate box within the Digital Platform and / or by using the Digital Platform.
APPENDIX NO. 1
Cancellation Charge and Non-presentation Charge within the Digital Platform
Within the Digital Platform, regardless of the type of intermediated transport service, the User may be charged a cancellation charge for the intermediation service of the transport order or a non-presentation charge, each amounting to RON 9 under the conditions presented below.
A. The Cancellation Charge applies after order acceptance by the driver:
If the User decides to cancel the order after 2 or more minutes after the driver has accepted the order, a cancellation fee of RON ___ will be charged to the User.
B. The Non-presentation Charge applies after vehicle’s arrival at the pick-up address, in case the driver cancels the ride, after a 5 minutes waiting time (since the moment of arrival at the pick-up address):
If the User / passenger is not at the pick-up address mentioned in the Digital Platform within 5 minutes from the arrival of the driver, the driver will cancel the ride, a cancellation charge of RON __ being further charged to the User.
C. When you are a User that opted for the cash payment:
In the case of a User who has opted for payment in cash, the application of 2 charges (regardless of whether they are for non-presentation or cancellation), under the above conditions, we reserve the right to block the use of the Digital Platform until the full payment of the due charges.
D. When we shall not charge you with the cancellation/non-presentation charge:
In the case of a new User, i.e. a User who did not use the intermediation service for booking the trip through the Digital Platform, the cancellation and / or non-presentation charge will be applicable only after 3 cases of cancellation of an order / non-presentation at the place of pick-up under the conditions above.