FREENOW PLUS TERMS AND CONDITIONS

These terms and conditions apply to contractual relations between individuals who have registered with FREENOW to use the FREENOW mobile application (the “App”), pursuant to the Cooperation Arrangement and/or the Mobility Services offered by Mobility Partners (hereinafter referred to as “User” or “you”) and Free Now Ireland Limited, 7-12 Baggot Court, Dublin 2, D02 F891, Ireland, with registration no. 510447, (hereinafter also referred to as "FREENOW" or “we”) concerning the purchase and use of FREENOW PLUS, which is a package of discounts and other benefits that the User may purchase from FREENOW via the App and/or its subsidiaries or affiliated companies to be redeemed against the price payable for other FREENOW services on the App (hereinafter referred to as “FREENOW PLUS”).

The purchase and use of FREENOW PLUS are subject to these terms and conditions and also to the FREENOW General Terms and Conditions for Users (“GTCs”) and Privacy Policy, which are expressly incorporated herein. Defined terms used herein shall have the meaning given to them in the GTCs unless otherwise defined or indicated.

FREENOW provides you with access to the App, through which you may obtain other services specified in these terms and conditions, including Transportation Services provided under the Cooperation Arrangements and Mobility Services (together “Services”). All benefits and discounts offered under FREENOW PLUS are offered on an "as available" basis (i.e. it may not always be available for purchase), and their use remain subject to the availability of the other services through the App (including, without limitation, Relevant Operators’/Mobility Partners’ availability to provide any Transportation Services (more specifically, their allocated functions and responsibilities as part of those Transportation Services)/Mobility Services, generally or at a particular time) and other factors which may affect the underlying services.

1. FREENOW PLUS

FREENOW PLUS is an offer, or variety/collection of different offers, each comprised of discounts that may be applied during the particular offer’s period of validity (see section 4 below) on different combinations of Services depending on the specific offer selected by the User. Currently available offers can be viewed in the app, at mytaxi://de.mytaxi.passenger/mobilitybundle. FREENOW PLUS is a subscription service; upon purchase initial payment will be made for the first month of the subscription and it will otherwise renew as described in section 4 below.

By purchasing any FREENOW PLUS offer, the User acquires the right to apply the offer/discount in question against the amount otherwise payable by the User in respect of any specific Service obtained by the User (e.g. fares for trips undertaken), thereby reducing the amount the User is obliged to pay in accordance with the discount. . The discount acquired through FREENOW PLUS will only be applicable if the payment is made using FREENOW’s ‘Pay by App’ service (i.e. it is not redeemable against cash payments).

The purchase or offer shall not grant the User any further or additional rights against a Relevant Operator/Mobility Partner.

2. Conclusion of the Agreement

The User needs to have an active FREENOW passenger account to purchase FREENOW PLUS and redeem any offer or discount. The User purchases from FREENOW the relevant FREENOW PLUS package with the benefits described at the time of purchase, on the terms and at the price set out as applying to the offer selected. All prices are inclusive of any applicable VAT.

After selecting an offer, the User may proceed to payment using a credit card or Paypal account registered on their FREENOW passenger’s account. After having selected a payment method, the User may accept the selected offer in a legally binding manner by clicking on the “Buy now” button, leading to the conclusion of the purchase between FREENOW and the User. Before accepting the offer, the User can change and view the information they have entered at any time. FREENOW sends a purchase confirmation to the User via e-mail. The User hereby waives the right to receive a receipt in paper form and accepts that the invoice for the purchase of FREENOW PLUS will be sent to them by way of e-mail to their e-mail address on record with FREENOW.

3. Use of the FREENOW PLUS

FREENOW PLUS can only be redeemed on the App. FREENOW PLUS is not redeemable for cash and may not be transferred by the User, exchanged or resold.

The User who has purchased FREENOW PLUS will automatically benefit from the discounts purchased on the next trip booked to which the discount applies and without the need to take any action (i.e. the discount will be automatically applied via the App). 

Discounts are granted for trips that are billed per minute or trip distance in kilometres and may also be granted for journeys that are charged at a flat rate, for example per hour or per day. For all journeys, the maximum discount that may be obtained by a User in applying a FREENOW PLUS discount to a particular journey is €10 per journey.

The use of FREENOW PLUS may not be combined with other promotions, discounts, or offers unless such combination is expressly permitted.

The discounts granted do not affect or determine the price of the Services. The Relevant Operator co-operating with FREENOW in the provision of the Transportation Service/Mobility Partner providing the Mobility Services will receive their full entitlement under the Joint Cooperation Arrangement/Mobility Service arrangement, undiscounted (i.e. the cost of the discount is borne by FREENOW only).

When using FREENOW PLUS, the user will receive, for each journey made, an invoice stating the fare for the journey, the discount applied, and the actual amount paid by the User way of e-mail to their e-mail address on record with FREENOW.

The personal data of the User provided or generated in the course of the registration, purchase and use of FREENOW PLUS shall be governed by our Privacy Policy.

4. Geographical limitation and duration

FREENOW PLUS may only be used in the country in which the User has purchased it.

At the end of the first month, the subscription to FREENOW PLUS will automatically renew for a further month (and will continue to automatically renew on a monthly basis) unless one of the parties cancels the purchase contract by sending a notification to the other party prior to the end of the then current monthly period. FREENOW will send the User a notification to their email address associated with the Users account at five (5) days before the end of the User’s current contract period.

By entering into the FREENOW PLUS subscription service, you provide explicit consent for the automatic renewal of your subscription at the end of each contract period. In the event of cancellation, the FREENOW PLUS purchase contract ends at the end of the then-current period.

5. Changes to FREENOW PLUS, Changes to these Terms and Conditions

FREENOW reserves the right to change the terms of FREENOW PLUS (or any specific offer under it) at any time at its sole discretion, in particular to adjust the price, or to no longer offer FREENOW PLUS. If FREENOW decides to no longer offer FREENOW PLUS, FREENOW will cancel the contract with the User in accordance with these Terms and Conditions, which cancellation will take effect at the end of the then current subscription period. 

FREENOW reserves the right to modify these Terms and Conditions at any time, with any such modification taking effect on the date notified to the User. FREENOW will inform the User in a timely manner regarding any such modifications and the User will have the opportunity to cancel his or her subscription to FREENOW Plus prior to such modification taking effect. 

To this end, FREENOW will inform the Users of the changes, e.g. the changed prices or the changed terms and conditions by e-mail and/or notification in the App, and the User will be required to accept the modified Terms and Conditions. If not accepted, FREENOW reserves the right to cancel the contract with a notice period of two (2) weeks.

6. Information on right of withdrawal

You have the right to cancel your purchase of FREENOW PLUS within fourteen (14) days of initial purchase without giving any reason.

To exercise your right of withdrawal, you must inform us, Free Now Ireland Limited, 7-12 Baggot Court, Dublin 2, help@free-now.com, of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). You can use the below model withdrawal form for this purpose, which is, however, not mandatory.

To avail of this cancellation right, it is sufficient that you send the notification of the exercise of the right of withdrawal at any stage before the expiry of the fourteen (14)-day period.

If you cancel your purchase in accordance with this section, we shall repay to you all payments that we have received from you relating to the purchase of FREENOW PLUS without delay and at the latest within fourteen (14) days from the day on which we received the notification of your cancellation. For this repayment, we will use the same means of payment that you used for the original purchase, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

(If you wish to cancel this contract, please complete and return this form). -To [Free Now Ireland Limited, 7-12 Baggot Court, Dublin 2, D02 F891, Ireland:

-I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service

-Ordered on

-Name of the consumer(s)

-Address of the consumer(s)

-Signature of the consumer(s) (only in case of paper communication) -Date

(*) Delete as applicable.

7. Applicable Law, Forum

These Terms and Conditions and any non-contractual obligations arising out of, or in connection with them, shall be governed by and construed in accordance with Irish law. The Irish courts shall have exclusive jurisdiction to hear, determine and settle any dispute arising out of or in connection with these Terms and Conditions and the parties submit to the jurisdiction of the Irish courts for that purpose.

8. Information Regarding Online Dispute Resolution

The EU Commission has created an internet platform for online dispute resolution (so called “ODR-Platform”). The ODR-Platform serves as a point of first contact for out-of-court dispute resolution vis-à-vis contractual obligations arising out of online purchase and sale agreements or online service agreements. You can access the ODR-Platform via the following link: ec.europa.eu/consumers/odr.

FREENOW is not obligated to participate in any alternative dispute resolution scheme. Other processes are also available to you in Ireland. In order to contact FREENOW regarding any consumer law-related complaints, please email help@free-now.com.

Valid from 2nd of September, 2024