GENERAL TERMS AND CONDITIONS FOR THE PASSENGER
§1 PERFORMANCE OF LIVE CAB SERVICE LTD (“Live Cab Service”)
1.1. Before using the services of Live Cab Service, the passenger must register with Live Cab Service, giving the true name of his first or last name ("Passenger Name") and his telephone number and e-mail address. Only upon registration and acceptance of these terms and conditions is the passenger entitled, on the basis of these terms and conditions and applicable laws, to use the software of the Cab APP and service of from Live Cab Service.
1.2. In general, the passenger can pay his Cab bill to each driver in the car in "cash". If the passenger like to pay with a credit card, he must deposit his credit card information in advance in the system. It is also possible to deposit several credit cards details.
1.3. Live Cab Service provides the passenger with the online ordering app and service for free (hereafter referred to as the ("Application") for web-enabled mobile devices such as, in particular, smartphones / Android and / or IOS / Iphone devices
(hereinafter referred to as "terminals"). as long as the application is needed. The application allows the passenger to use the service of Live Cab Service subject to availability and to obtain potential drivers with vehicles through the application. The passenger has the option of contacting the cab driver who has accepted his cab query via the application. For this purpose, the current location of the passenger is located and transmitted with his data (passenger name, telephone number and current location) for identification after successful acceptance of the driver's query of the passenger's order to this. The cab driver receives the first or last name of the passenger as well as the telephone number and the order address (pickup location). After the driver has accepted his cab query, the passenger can be located and identified by the driver.
1.4. The content of the application does not include the Internet usage required for this purpose. For the Internet access, the technical requirements and the configuration and performance of the terminal to use the application and the timeliness of the necessary software, the passenger is responsible.
1.5. The ordering of a Cab with the application is free to the passenger, except for the cost of using the mobile terminal (connection costs). The passenger does not pay Live Cab Service anything for arranging his Cab search request. A surcharge on the fare may be payable to the driver, as long as the local legal requirements (such as Cab and tariff regulations) make this mandatory. Insofar as the use of the Internet by the passenger caused by this application causes costs, the passenger has to carry these himself.
1.6. When the passenger makes a Cab search request via the application, the application forwards the Cab search request to potential Cab drivers who are also registered with the application and are in the immediate vicinity of the passenger. Upon acceptance by the driver, a transport order is made between the passenger and the driver. A service beyond the mere mediation activity does not occur through
the use of the application. In particular, no use of the application between Live Cab Service and the Passenger constitutes a passenger transport contract. Any claims arising out of passenger transport arranged by Live Cab Service will only affect the
relationship between the driver (and possibly his Cab company) and the passenger. The settlement / payment of the mediated Cab ride is carried out according to the legal provisions exclusively between the passenger and the Cab driver / Cab company and the agreed fare.
1.7. Passengers can always see (trip overview and trip accounting) from the application.
1.8. The passenger can order a receipt of the ride with all details by e-mail over his application, after the trip.
§2 CHANGE AND TERMINATION OF PERFORMANCE
Live Cab Service reserves the right at any time to change the application, e.g. to further develop and qualitatively improve or discontinue the services provided by the application.
3.1 The passenger is not entitled to continuous and uninterrupted availability of the application. However, Live Cab Service strives to maximize uptime and resolve issues as quickly as possible. Nor does Live Cab Service agree that a Cab to be brokered is available and will actually carry out the assignment.
3.2 In addition, Live Cab Service has the right to temporarily suspend its service, even without informing the passenger individually. Information in this regard is only given in general via the homepage http://www.livecabservice.com, menu NEWS.
4.1 Live Cab Service cannot be held responsible for ensuring that the information transmitted is accurate, complete and reaches the passenger on time.
4.2 For damages caused to the passenger by the use of the application, Live Cab Service is liable only for intent and gross negligence. In particular, in the cases in which a damage occurs through an incorrect, incomplete or delayed transmission of information or a lack of availability or a malfunction of the application, Live Cab Service liable only to the extent that it was caused by intent or gross negligence.
4.3 Should the use or transmission of data lead to impairments or damage to the passenger's hardware or software, Live Cab Service shall be liable for them insofar as they were caused by intent or gross negligence. Live Cab Service is not liable for data loss of the passenger.
4.4 Liability for the services provided by the driver or the Cab company is excluded as Live Cab Service only arranges the driving order. Liability for third parties, e.g. for the driver and Cab operator, Live Cab Service does not expressly assume.
4.5 A temporary or final, total or partial termination of the application does not constitute liability.
4.6 There is no liability for contents and websites of third parties on the homepage of Live Cab Service.
§5 GENERAL OBLIGATIONS OF THE PASSENGER
5.1 Passengers are always required to keep their personal information up-to-date, truthful and up-to-date in accordance with Live Cab Service's requirements.
5.2 Furthermore, the passenger must use the application of Live Cab Service in such a way that no impairments, overloads or damages occur and the purpose pursued by these applications is neither endangered nor circumvented. The passenger will not circumvent or alter the safety precautions of the applications, either themselves or through third parties.
5.3 All rights to the Software remain with Live Cab Service. He may not copy, modify, reverse engineer, decompress and distribute the software provided to the passenger.
5.4 Passengers must keep their passenger name and password safe and must not disclose or allow them to access the application. He is solely responsible for the confidentiality and security of his account. He must immediately notify Live Cab Service of any unauthorized use by third parties.
5.5 If the passenger is responsible for any breach of the law or contract in connection with the use of the application, he shall indemnify Live Cab Service against any liability towards third parties and the costs of appropriate legal defense. Incidentally, in the event of a culpable injury, the passenger is obliged to compensate Live Cab Service for the damage incurred.
5.6 The Passenger shall be obliged, if third parties assert claims against Live Cab Service due to its infringement, to inform Live Cab Service comprehensively and promptly, as far as this is necessary for examination and defense.
5.7 Personal data of other participants, which are transmitted to the passenger or known, may not be processed by him and not transmitted to uninvolved third parties. Other things only apply if the other party has given his consent.
§6 RESPONSIBILITY FOR CONTENT
6.1 The responsibility for content published and transmitted in the application or on the website of passengers lies solely with the disclosing passenger. He is obliged to abide by the law and the law while respecting the good manners and the requirement of objectivity.
6.2 If publications violate the above rules, Live Cab Service is entitles to change or delete them immediately.
§ 7 FINAL PROVISIONS
12.1. Should a provision of this agreement be ineffective, unenforceable or should it contain a gap, this shall not affect the validity of the remaining provisions. In place of the ineffective provision or to fill the gap, a provision shall be deemed to be closest to the economic purpose of this Agreement and its terms.
12.2. It is the substantive Maltese law. Jurisdiction for all disputes arising out of this Agreement or in connection with the application is the Courts of Justice, Republic Street, VLT1112 Valletta, Malta, for all parties involved.
12.3. Live Cab Service is entitled to supplement or amend these Terms and Conditions at any time unilaterally and without notice. The version which is published on the homepage applies in each case.
12.4. Additional agreements to this contract are not made.
Live Cab Service Ltd.
213, Tower Road
SLM 1602 Malta
Registration No. C 93413
VAT No. MT26614316
Tax IT. Reg. No. 970028027
D-U-N-S™ No. 565571183
Copyright © July2019 Live Cab Service Ltd, all rights reserved.