General terms and conditions for FREENOW client travel

1.1 FREE NOW Hellas S.A., provides intermediary services for booking mobility services such as taxi rides under the brand “FREE NOW”. 

The present general terms and conditions apply to bookings made via the "FREE NOW platform", via online accounts set up for the users of the intermediary services described therein (hereinafter referred to as "Contract Partners")  or by means of a different agreed upon booking solution (hereinafter referred to jointly as "FREE NOW booking software"). The Contract Partner is hereby declaring that it is prepared to use the FREE NOW booking software as a booking system for transportation rides and will carry out the required measures, such as any necessary installation of the FREE NOW booking software.

1.2 The use of the FREE NOW booking software requires an Internet connection with sufficient bandwidth. The Internet access of the Contract Partner is not part of these terms and conditions. The Contract Partner shall be solely responsible for the functionality of its Internet connection, including the transfer channels and its own IT infrastructure/hardware.

2.1 Use of the Booking Service

The Contract Partner undertakes to use and make available the FREE NOW booking software at its business location and to use the FREE NOW booking software for the booking of rides and, as the case may be, any subsequent services as a matter of preference. In this respect and where necessary the Contract Partner shall install the FREE NOW booking software on its hardware, use any hardware provided by FREE NOW, including the FREE NOW booking software which has been pre-installed on it, and/or shall carry out any necessary registration or any other necessary measures in order to use the FREE NOW booking software. The Contract Partner shall undertake to encourage its employees to use the provided FREE NOW booking software for the booking of mobility services, where possible.

 

2.2 Access to the booking software

The Contract Partner shall be obliged to provide FREE NOW, on request and during normal business hours, with access to the FREE NOW booking software and all hardware components of the Contract Partner on which the FREE NOW booking software is installed, where applicable.

2.3 Employee training

The Contract Partner hereby provides an undertaking that FREE NOW will receive sufficient opportunity to reasonably train all employees of the Contract Partner who will be carrying out the operation and use of the FREE NOW booking software on behalf of the Contract Partner.

These terms and conditions shall enter into force upon the Contract Partner receiving, via electronic form, its personalized link, for the access and use of the FREE NOW booking software, or upon registration by the Contract Partner to the FREE NOW platform, as the case may be, and shall be concluded for an indefinite period. The agreement can be terminated by both parties by giving notice of thirty (30) days.

FREE NOW may terminate this agreement at any time if the Contract Partner is in breach of its contractual obligations undertaken by these terms and conditions.

The parties shall be obliged to sensitively treat the data, information and documents (hereinafter "sensitive information"), such as booking numbers in particular of which they become aware in the course of the co-operation. Unless otherwise expressly agreed in these terms and conditions, the disclosure of all sensitive information which becomes known in the course of these terms and conditions or the use of such sensitive information for third parties shall require the prior written consent of the other party. Affiliated companies are not defined as third parties. The parties shall also impose the non-disclosure obligations they have entered into on all persons or companies who are entrusted with information or services by the parties under these terms and conditions. The sensitive treatment obligation shall not apply to (i) ideas, concepts, know-how, techniques and information which (a) were already known to the parties or (b) become known to the parties outside of the co-operation under these terms and conditions and (ii) to data, information and documents which (a) are generally accessible or (b) are intended for publication or (c) or where the respective party is subject to a publication obligation in accordance with statutory regulations.

5.1 Being an intermediary of mobility services, FREE NOW shall only incur liability for the provision of the intermediary services provided by it under these terms and conditions. In particular, FREE NOW does not provide any transportation services and shall therefore not incur liability for damage caused during transportation. Within the framework of the provision of intermediary services, FREE NOW shall incur unlimited liability:

- in case of intent or gross negligence

- in case of injury to life, body or health

- in accordance with the provisions of the applicable product liability law.

5.2 In case of a simply negligent breach of an  obligation which is essential for the attainment of the contractual purpose (cardinal obligation), the liability of FREE NOW shall be limited to losses which are foreseeable and typical according to the type of transaction at hand.

5.3 Liability for loss of data is limited to the typical cost of restoration which would have been incurred in case of the creation of regular backup copies which correspond to the risks involved.

5.4 Any further liability on the part of FREE NOW shall be excluded. In particular, FREE NOW shall not incur liability for loss of commission due to errors or misuse of the FREE NOW booking software, technical system breakdowns, network breakdowns or service downtime.

5.5 The limitation of liability above shall also apply to the personal liability of the employees, representatives and agents of FREE NOW.

5.6 The Contract Partner cannot demand permanent and uninterrupted availability of the services, for example, if there is no Internet connection. Neither will FREE NOW vouch that a taxi will be available at all times to be procured. FREE NOW will, however, make every effort to achieve the highest level of availability possible and eliminate outages as soon as possible.

5.7 The Contract Partner, prior to using the FREE NOW booking software for transportation rides for their customers, undertakes and is obliged to inform all potential passengers of:

i.  Any applicable pre-booking fee, which will be included in the total fare paid by the passenger upon completion of their ride;

ii. The available payment method that the passenger can use upon completion of their ride.

The Contract Partner shall at all times procure that the above are communicated to the potential passengers. Repetitive failure of such obligation by the Contract Partner, shall be deemed as a breach of these terms and conditions by the latter, entitling FREE NOW to immediately terminate these terms and conditions.

FREE NOW shall in no way be held liable if the Contract Partner fails to perform any obligations undertaken under this clause.

5.8 FREE NOW undertakes to inform the Contract Partner about any applicable pre-booking fees that may be charged to passengers and about the available payment methods thereof.

6.1 The parties shall be obliged to comply with the respectively applicable statutory provisions relating to data protection.

6.2 The  parties  are  in  agreement   that   the Contract Partner is the data controller under the  applicable  data  protection  law  in  relation  to  the lawfulness of    the   data   relating   to   passengers   or employees which is transferred to FREE NOW in the course of the use of the FREE NOW booking software.

6.3 In order to successfully intermediate a ride for the respective passenger concerned via the FREE NOW booking software, it may be required to enter their room number or other identifier within the booking process. Furthermore, if applicable, the Contract Partner will be provided with the option of also stating the name and/or telephone number of the passenger during the booking process in addition to the identifier number. To this extent, the Contract Partner is solely responsible for obtaining any necessary consent  from the passenger or ensuring that there is another valid legal basis for the entry of his or her name and/or telephone number.

The Contractual Partner undertakes not to enter into any transactions or to abstain from transactions that could lead to criminal liability due to fraud, breach of trust, insolvency violation, competition law violations, passive corruption, accepting an advantage, bribery, receiving bribes or similar offenses by staff of the Contractual Partner or other third-parties. In case of any violations of the above nature, FREE NOW shall be entitled to rescind from or terminate all legal transactions existing with the contractual partner without notice and to discontinue all transactions. Without prejudice to the above, the contractual partner is obligated to comply with all laws and regulations pertaining to it and to the business relationship with FREE NOW.