End User Terms & Conditions for Inclusion within App
WHO WE ARE
AAA is the brand name of AAA Taxis (Herts) Limited, an incorporated company registered in the United Kingdom.
AAA acts as a lead generator for its Parent Company & Licensed Operator in order to provide Booking Services to both client ‘End Users’ and the Partner Operator. The App provides the relevant technological provisions for Drivers to receive End user transport requests and for those requests to then be accepted, managed and dispatched via the Licensed Operator.
AAA Taxis (Herts) Ltd is a Licensed Private Hire Operator and provides Licensed Private Hire or Hackney Carriage services to the End User.
Part 1 – Terms of Service- Booking
- DEFINITIONS (to define all terms to be used in the Terms & Conditions)
“AAA” is a trading name of AAA Taxis (Herts) Ltd, a registered company in United Kingdom, company number 09049052, AAA Taxis GB Ltd, a registered company in United Kingdom, company number 073107 and AAA London Limited, a registered company in United Kingdom, company number 10592778m all subsidiaries of their Parent Company Denton Group (GB), a registered company in United Kingdom, company number 09049665, all registered at the address of Regency House, 33 Wood Street, Barnet, EN5 4BE.
AAA means the company Denton Group and it’s subsidiaries, as registered and described above.
App means the AAA App produced by (CORDIC) on which the End User’s request for transport services are processed and sent to the Company for fulfillment.
End User means the Customer, properly registered and using the services provided by the AAA app.
Operator means the Licensed Private Hire Operator assigned to provide Transport Services.
Driver means a Licensed Private Hire/Hackney Carriage Driver working with the above mentioned Partner Operator, registered with them for the purposes of the relevant Legislation & Local Authority Policy.
“Booking Services” means the transport of an End User via a booking made through the App, accepted and dispatched by the Company.
“Operator” means the Operator licensed by the relevant Legislation & Local Authority Policy to accept and dispatch PHV/Hackney Carriage bookings taken through the booking services via the AAA app.
"PHV" means private hire vehicle.
"Website" shall mean (Insert Website) linked to the App.
- Private Hire Vehicle/ Hackney Carriage Vehicle & Partner Operator Regulations
As Per the Local Government (Miscellaneous Provisions) Act 1976 (the "1976 Act") and the relevant local government regulations (In areas where the app offers services via Partner Operators) the operation of private hire vehicles (together the "PHV Regulations"), a private hire booking made by you must be accepted by a person that holds a relevant operator's license.
As per the aforementioned Act AAA Taxis (Herts) Ltd holds and opearting licences and is fully compliant, licensed and holds all relevant insurances, licenses and is regulated governing law.
- MANAGEMENT OF BOOKINGS AS LICENSED OPERATOR
AAA Taxis (Herts)Ltd, via the AAA app acts as a booking service for the end user and acts to manage PHV Bookings for the Self Employed Driver (as principal). Such acceptance by the AAA App to act as a booking service for the End User will give rise to a contract for the provision to you of transportation services between you and the Company AAA Taxis (Herts)Ltd (the "Transport Services Contract"). You acknowledge and agree that the provision to you of transportation services by the Licensed Operator is pursuant to the above defined Transportation Terms and Conditions.
Any PHV Booking will be accepted and allocated by the Licensed Operator within the relevant borough. Due to the Deregulation Act 2015 it is possible that should the Licensed Operator to which your PHV Booking is allocated have sub contracting arrangements then the Licensed Driver who provides the Transportation Services may be licensed in an area other than where the booking is requested or the Transportation Services are provided. You will be sent a notification of which Operator is dispatching the driver for the booking along with details of the driver. It is your responsibility to ensure you switch your notification on in the App settings to receive this information.
- BOOKING SERVICES PROVIDED BY AAA App.
AAA Taxis (Herts)Ltd, via the AAA app provides booking services to you, the end user, on the GPS-enabled smartphone on which you downloaded the app (the "Booking Services").
The Booking Services include:
- The management of PHV Bookings, this management is provided without prejudice to AAA Taxis (Herts)Ltd. rights at its sole and absolute discretion to decline any PHV Booking you seek to make;
- Allocating each accepted PHV Booking to a Licensed Driver via such means as AAA Taxis (Herts)Ltd. chooses;
- In accordance with Regulations keeping a record of each accepted PHV Booking;
- Remotely monitoring, via the app (from the Operators registered office and/or operating center) the duration, performance & details of the PHV Booking by the Operator carried out by the Licensed Driver;
- Receipt of and managing all and any feedback of PHV Bookings, which may be made by email or via the feedback section on the app. User’s are encouraged to provide your feedback.
- Managing any lost property queries relating to PHV Bookings.
The app is provided to you by AAA free of charge as a booking service. AAA App reserves the right to charge a fee for the provision of the Booking Services. Currently AAA reserve the right to a minimum fee of .50p and thereafter 10% of the service to a maximum of £2.50.
Charges paid by you are final and non-refundable, unless otherwise determined by AAA Taxis (Herts)Ltd.
It is your responsibility to remain informed about the current rates for the transportation services, the quoted AAA app price will be the calculated price available at that time.
Once the Customer has placed a request for Partner Services the Customer can either pay for that fare electronically via their registered card details on the app through the AAA App payment system or may pay cash directly to the Driver. This is the sole discretion of the end user customer.
The price for the Booking will be the price which the Customer has accepted when completing and confirming his/her Booking and includes all card and Booking Fees.
If making payment to the Driver directly, the Driver shall only accept payment of the sum equivalent to the price which the Customer has accepted. Unless, the Customer has made any further additional requests which deviate from the original Booking which must be authorized by the booking agent. Additional charges for waiting time may be payable by the Customer if the Customer has delayed the collection time of the Booking, such additional charge shall be agreed between the Driver and the Customer.
All prices quoted are inclusive of VAT, if applicable.
If the Customer wishes to cancel he must do so within 5 minutes of making the booking. AAA reserve the right to charge a cancellation fee for bookings cancelled after 5 minutes. Full details of charges are available by emailing email@example.com.
You, the end user, are in agreement with and therefore understand that you are free to provide any additional payment as way of tip or gratuity to any Third Party Provider, Licensed Driver etc. who via such booking made provides you with relevant transportation services obtained via the App, there is no expectation for you to do so nor are you under any obligation to do so. All tip or gratuities payments are wholly voluntary.
- LIMITATION OF LIABILITY
To the extent permitted by the applicable law of the United Kingdom, AAA Taxis (Herts)Ltd. will not be liable to you in respect of any potential acts or omissions of its employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise, provided that nothing in these Terms and Conditions will limit or exclude AAA Taxis (Herts)Ltd. liability to you for personal injury or death caused directly by AAA Taxis (Herts) negligence.
- APPLICABLE LAW
The Booking Services and the Booking Service Terms set out in this Part 1, and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms shall be governed by, construed and take effect in accordance with the laws of England and Wales.
Any dispute, claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of England and Wales.
Defined terms used in this Part 2 shall have the meaning given in Part 1 unless otherwise specified.
- Contractual Relationship
These Terms in Part 2 shall govern the use by you and access to by you, an individual, from within the United Kingdom.
These Terms do not apply to the Booking Services defined and described in Part 1 above.
YOU ARE REQUIRED TO READ THE BELOW TERMS COMPLETELY BEFORE BEGINNING TO USE & ACCESS THE SERVICE PROVIDED BY AAA Taxis (Herts)Ltd.
Your access to these services and use thereof amounts to your, the end user’s, agreement to being bound by and to these Terms, which serves to create a contractual relationship between you the end user and the company AAA Taxis (Herts)Ltd. via the App.
If you do not agree to these stated Terms, you may not access or use the Services.
These Terms replace and update all and any previous terms or agreements or arrangements with you the end user. AAA Taxis (Herts)Ltd. reserves the right to terminate these Terms or any related Services provided by AAA Taxis (Herts)Ltd. with respect to you, or wholly terminate access to the Services or any part included, at any point and for any given or stated reason. AAA Taxis (Herts)Ltd. will provide you with notice as soon as it reasonably can of any decision to terminate, deny or end access to or use of its services.
At all times, regardless of the above, the company AAA Taxis (Herts)Ltd. shall reserve the right to terminate these Terms and all or any related Services with respect to you, or to wholly stop offering or to deny whole or part access to the Services, at any time, immediately, and without notice should the following be stated – you, the end user breach or are in breach of any or all of these Terms, that it is not practical to give such notice in the circumstances, at AAA Taxis (Herts) discretion, a delay in such action to terminate access to or use of the services provided by AAA Taxis (Herts)Ltd. would potentially expose AAA Taxis (Herts)Ltd. to any risk of damages or harm.
Any terms required to supplement the above may apply to certain Services. All and any such terms required to supplement the above shall be disclosed to you, the end user. All such terms shall be viewed as a supplement and are in addition to, but shall be held as as a part of, the Terms for the purposes of the applicable Services. Such terms given as a supplement to the terms will be held to prevail over these Terms in the event of a conflict with respect to the applicable Services.
AAA Taxis (Herts)Ltd. reserves the right at its discretion to chose to edit or amend these stated Terms related to the provided Services at any time it is considered necessary.
Any such stated amendments will be enacted as of AAA Taxis (Herts)Ltd. delivery of the edited and or amended Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information given upon accessing the services provided in the AAA App. Any information obtained by AAA Taxis (Herts)Ltd. upon such access of services may be provided to any relevant party such as an insurance firm, hire car company or claims company if there arises any issue that requires our divulging such information such as issues which may include an accident, complaint, or altercation involving you, the end user, and an independent third party. As such any information or details held is necessary to resolve the complaint, dispute or conflict.
2. The Services
The Services constitute a technology platform that enables users of AAA mobile applications or websites provided as part of the Services (each, an “Application”) to book PHV/Hackney Carriage transportation via the Company AAA Taxis (Herts)Ltd licensed operation.
Unless otherwise agreed by AAA Taxis (Herts)Ltd. in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
Subject to your agreement and subsequent compliance with these Terms, AAA Taxis (Herts)Ltd. grants to you, the end user, a limited, non-exclusive, non-sub-contractable, revocable, non-transferable license in order to access and use the Applications on your personal device solely in connection with your use of the Services; and to further access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by AAA Taxis (Herts)Ltd.
You, as the end user are not permitted to remove any copyright, trademark or other proprietary notices from any portion of the Services or further to reproduce, modify, create partial works based upon, disseminate, grant any further such license, lease or let, advertise for sale, resell, transfer, publicly display or advertise, publicly perform etc. or otherwise use the Services except as permitted in the express terms stated herein by AAA Taxis (Herts)Ltd.
- Third Party Services and Content
- Rights of Ownership
The Services and all rights therein are and shall remain the property of AAA Taxis (Herts)Ltd. Nothing stated within these Terms nor through your, the end user’s, use of the Services will act in a manner in which to convey or grant to you, the end user any rights in regards to the Services except for the limited license as stated which is granted via the above or to use or make specific or general reference in any way to AAA Taxis (Herts)Ltd. company names, associated logo, designs or known/familiar branding.
7. Your Use of the Services- User Accounts- End User Registration
In order to use most aspects of the Services, you must register for and maintain an End User specific personal account (“Account”). AAA Taxis (Herts)Ltd. requires that you must be at least 18 years of age, to obtain an Account. The AAA App Account registration requires you to submit to AAA Taxis (Herts)Ltd. certain personal information, such as your name, mobile phone number, as well as at your discretion to enter at least one valid payment method (either a credit card or accepted payment partner) should you not wish to pay via cash. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or BidTaxi’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by BidTaxi in writing, you may only possess one Account.
- End User Responsibilities
The Service is not available for use by persons under the age of 18. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation, logistics, delivery or vendor services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
- Contact with you, the End User
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages by indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
- Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile telephones network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees as per your contact with your mobile data provider. You are responsible for purchasing/downloading and updating compatible hardware or devices necessary to access and use the Services and Application/updates. BidTaxi does not guarantee that the Services, or any portion thereof, will function on any hardware or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. AAA Taxis (Herts)Ltd. is in no way responsible for such but will ensure that all necessary steps are taken to ensure that such delays or issues are dealt with.
11.Fees Due for Damage, Cleaning, Repair(s)
Should we be made aware of an issue pertaining to your use of the vehicle provided via our services you, the end user, shall be held wholly liable for the relevant costs to make the appropriate repairs for any damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”).
12. AAA Taxis (Herts)Ltd. Obligations
AAA Taxis (Herts)Ltd. shall:
(a) Use all reasonable steps to ensure that the AAA App is available and online at all times for End User use;
(b) Ensure that all standards and techniques used in relation to the AAA App are of satisfactory quality and are fit for purpose.
Nothing in these Terms and Conditions shall limit or exclude AAA Taxis (Herts)Ltd. liability for:
(a) Death or personal injury caused by AAA Taxis (Herts)Ltd. negligence, or the negligence of its personnel, agents or subcontractors;
(b) Fraud or fraudulent misrepresentation.
AAA Taxis (Herts)Ltd. shall not be liable for any injury, illness or death or any losses suffered by the Customer or any member of his/her party where such injury, illness or death was not caused by lack of reasonable care or skill of AAA Taxis (Herts)Ltd.
AAA Taxis (Herts)Ltd. shall not be liable for the actions or negligence of the Driver.
Should AAA Taxis (Herts)Ltd. be found liable for any loss caused by the Customer, subject to the above, the amount of liability to the Customer shall be limited to the cost of the Booking or £100, whichever is lower.
The Customer use of any information or services provided through the AAA App are used entirely at the own risk of the Customer, for which AAA Taxis (Herts)Ltd. shall not be liable. It is the Customers responsibility to ensure that the information and or services meet his or her specific requirements.
Although AAA Taxis (Herts)Ltd. shall at all times do their utmost to maintain that the information provided on the AAA App shall be correct and up to date, AAA Taxis (Herts)Ltd. does not make any warranties, express or implied, about the accuracy of the information.
14. Governing Law, Mediation and Arbitration
In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the London Court of International Arbitration (LCIA) Mediation Rules, which Rules are deemed to be incorporated by reference into this clause.
If the dispute is not settled by mediation within 14 days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
The language to be used in the mediation and in the arbitration shall be English.
The governing law of the contract shall be the substantive law of England and Wales.
In any arbitration commenced pursuant to this clause,
(i) the number of arbitrators shall be one; and
(ii) the seat, or legal place, of arbitration shall be London, United Kingdom.
Force majeure. Neither party shall be in breach of these terms and conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms & Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control.
Variation. AAA Taxis (Herts)Ltd. reserves the right to amend and change these Terms & Conditions at anytime with no notice to the Customer. The Customer should check these Terms & Conditions each time he makes a Booking.
Third parties. No one other than a party to these Terms & Conditions shall have any right to enforce any of its terms.
Governing law. These Terms & Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms & Conditions or its subject matter or formation.
Data Protection. AAA Taxis (Herts)Ltd. is the Data Controller for the purpose of the Data Protection Act. AAA Taxis (Herts)Ltd. will need to collect specific personal data of the Customer to share with the Driver to enable the Booking and Services to be carried out. The Drivers are required to agree that the personal data collected from the Customer and provided to him will not be used for any other purpose and, at the Customer’s request, shall delete such information from a storage facility in which the data is stored.
The Customer agrees that any personal information which may be provided by AAA Taxis (Herts)Ltd to the Customer in relation to the Driver will not be used for any other purpose than in relation to the Booking. Further the Customer agrees to delete and remove the information from any storage facility, including but not limited to, mobile telephone or email.
AAA Taxis (Herts)Ltd. agrees to not pass the Customers data to a third party, save for as required to carry out the Booking. The Customer agrees that his/her personal information may be passed to the Driver and or Partner Operator.