GENERAL TERMS AND CONDITIONS FOR THE DRIVER
The Live Cab Service Ltd. ("Live Cab Service") operates a Cab App for the placement of professional Cab drivers ("driver") and passengers ("passenger"). The Driver- and Passenger App ("Application") is intended to bring together passengers and drivers online, and to conclude of a transport order between driver and passenger.
Unconditional agreement to these General Terms and Conditions for the driver ("Terms") is a necessary condition for access and use of the application by the driver. By downloading and using the application, the driver declares his agreement to the GTC, in the applicable version.
§ 1 PRINCIPLES FOR THE USE OF THE APPLICATION
1.1. The following conditions are necessary conditions for the use of the application. With the agreement to these terms and conditions, the driver confirms to fulfill these requirements:
- The driver is in possession of a legal license (TAG) from Transport Malta for the professional transport of persons/passengers
- The driver is in possession of a valid driver's license (Maltese driver's license)
- The driver is in possession of criminal record extract (not older than 3 months)
- A vehicle approved by Transport Malta (endorsed for commercial passenger transport – with "Y - Plate").
- The driver is insured for accident and illness, is registered as a self-employed person or is an employee worker of a third party;
- The driver has an internet-enabled smartphone (Android);
- A payment of the fare by the customer by credit card is possible, it is included in the app aplication.
1.2. If one of these conditions is not met, the driver immediately loses his authorization to use the application.
§ 2 REGISTRATION AND OBLIGATIONS OF THE DRIVER
2.1. Before using the application, the driver must register with truthful information about his or her personal data, vehicle-related data and required documents.
2.2. The driver is obliged to disclose the following information: first and last name, telephone number, address and working language.
2.3. The following vehicle-related data are required: license plate, car model, vehicle, year of construction, number of seats allowed, vehicle color and the services offered (for example, for 2-5 year old children a special child seat).
2.4. The driver is required to submit the following documents: copy ID or passport of Malta and residence permit for Malta, copy of driver's license, (both front- and backside), a passport photograph and a criminal record (not older than three months).
2.5. The driver may only use the application provided that he complies with all applicable laws and regulations and that he has the necessary permit (TAG) for commercial passenger transport. In particular, the driver complies with the provisions applicable to him under Maltese laws.
2.6. The driver confirms that he has registered with an insurance company as a self-employed person. If a driver is employed by a third party, that the employer has agreed to the use of the application by the driver.
2.7. The driver undertakes to demonstrate the existence of these conditions prior to take-off and during use of the application at the request of Live Cab Service (e.g. operating permit, driver and vehicle pass, ID local government, TAG transport of persons/passengers confirmed by the employer.
2.8. The driver is obliged to keep this information up to date. Changes must be reported immediately to Live Cab Service.
2.9. As a technical requirement for the use of the application, the driver must own an Internet-enabled smartphone (Android) and allow payment by the passenger by credit card.
2.10. The driver decides at his own discretion whether and when he wants to use the application. As soon as the driver sets his status to active (shift registered), the driver is obliged to always update his availability and thus the status of his vehicle (free or busy). This allows the passengers to recognize their ordered vehicle in the application.
2.11. Driving instructions are offered to the driver as suggestions. The driver is free to accept or reject a driving order.
2.12. If the driver confirms the acceptance of the driving order via the application, a transport order is concluded between the driver and the passenger. The driver undertakes to carry out the driving order in accordance with the passenger's reservation requirements, d. H. to pick up the passenger at the given time and place and to transport the passenger to the desired destination. The driver runs the cab in his own name, on his own account and on his own responsibility.
2.13. If the driver can not fulfill his own fault for which he was responsible after acceptance of the driving order, he is obliged to cancel this driving order immediately in the registration. The application will again and immediately offer the driving order to other drivers for acceptance.
2.14. The use of this application is not exclusive. The driver is entitled to use other clients or switching platforms.
2.15. After registration, the driver will receive a Live Cab Service (Member of Live Cab Service) sticker, which he can attach to his vehicle.
2.16. The Internet-enabled smartphone required for use is to be installed in the Cab and the requirements of the locally applicable traffic laws must be observed during use.
2.17. The driver undertakes to use the application in such a way that no impairment, overload or damage to it occurs and the purpose pursued by this application is neither endangered nor circumvented. The driver will not circumvent or alter the safety precautions of the application either by himself or by third parties.
2.18. All rights to the application remain with Live Cab Service. The driver is prohibited from copying, modifying, reverse engineering, decompressing or distributing the provided application.
2.19. The driver has to keep his access data (login and password) safe and must not inform these to third parties or allow them access to 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.
2.20. Personal data of other parties, in particular of passengers, transmitted or known to the driver may not be processed by the driver and transmitted to uninvolved third parties.
§ 3 INFRINGEMENT OF THE TERMS BY THE DRIVER
3.1. If the driver cancels an accepted driving assignment without being forced to do so by way of fault, or if he does not cancel the driving order in the event of an involuntary impediment, Live Cab Service is entitled to charge the driver for an indefinite period exclusion from the placing of orders and / or the brokering of orders.
3.2. Should third parties, in particular passengers, be liable to Live Cab Service for any reason caused by the driver, such as in the event of a failure to do so, the driver will indemnify Live Cab Service from all such claims (as well as all damages, including the costs of legal defense).
3.3. Live Cab Service reserves the right to exclude the driver from the application for a definite or indefinite period at any time without reason.
§ 4 LEGAL BENEFITS OF LIVE CAB SERVICE
4.1. Live Cab Service operates the application and provides the following services:
- Technical operation of the application;
- Application of the application;
- Technical management of registration of drivers and passengers,
- Debt collection of drivers
4.2. The purpose of the application is to mediate a transport order between drivers and passengers.
4.3. Live Cab Service provides the driver with the application for smartphones. This application allows the driver to use the service of Live Cab Service, subject to its availability, subject to a fee. The application provides the driver with the opportunity to make direct contact with potential passengers looking for a Cab through the application to get a driving job. For this purpose, the identification data are transmitted to the passenger. The passenger is given the first name of the driver, a personal passport photo, the license plate of the vehicle. Once the driver accepts the job, his location for the passenger to recognize and track.
4.4. The content of the application does not include the use of the internet and the GPS required for this purpose. For the Internet access, the technical requirements and configuration of the mobile device to use the application, the driver has to take care of himself and the costs. When the application is renewed, automatic updates will be made through the Google Play Store and the Apple Store.
4.5. The driver pays the agreed user fees of ten percent (10%) of the respective driving order amount in order to arrange a completed transport order by using the application. The fees are billed weekly, ie. All cash and credit income will be recorded and settled accordingly. The order is free for the passenger insofar as the applicable regulations allow.
4.6. By using the application and confirming a driving order with the "ACCEPT" button, a legally binding driving order agreement is concluded between the driver and the passenger. The billing of the Cab fare is only between the driver and the passenger according to the rate recommended by Live Cab Service. Any changes to the tariff recommendation will be published under www.livecabservice.com under the heading of the "News" button.
§ 5 USE FEES AND PAYMENT METHODS
5.1. The billing of the application is done with the driver via e-banking. The driver is obliged to inform his bank coordinates Live Cab Service when he registering.
5.2. The passenger pays the costs for each driving order in full by cash or card payment directly to the driver. After each completed / completed journey, the corresponding amount for the usage fee is registered in the system. Only completed trips are registered. The collection risk for the driving order lies exclusively with the driver. If the passenger does not pay the fare for any reason, the user fee will still be deducted. Live Cab Service is not liable for the unpaid fare.
5.3. The driver is notified by mail so the driver receives a written statement. The billing takes place weekly. All Carriage Orders cash or credit card receipts and the corresponding sales can be viewed on the billing form.
5.4. The driver is obliged to pay the displayed difference in favor of Live Cab Service within 5 working days by e-banking or in cash in the office. There is no default. The driver is suspended on the 6th day until the account is balanced.
5.5. The driver has to pay a monthly fee of 20 € to activate his app account. This fee activates his app account for one (1) month.
5.6. The driver is obliged to inform Live Cab Service no later than the 25th of each month if he will continue next month or he has vacation, military, etc.. The driver must report longer absences to Live Cab Service such as an accident (within 1 day) or illness (within 2 days). If a driver does not answer for more than 12 months, the account will be blocked completely and the driver will be informed by e-mail.
§ 6 AVAILABILITY AND CHANGE
6.1. Live Cab Service makes every effort to achieve the highest possible availability and to rectify faults as quickly as possible. Live Cab Service cannot guarantee uninterrupted availability. The driver is not entitled to continuous and uninterrupted availability of the application and cannot derive any claims from their unavailability.
6.2. In addition, Live Cab Service has the right to temporarily suspend availability, even without individually informing the driver.
6.3. Live Cab Service reserves the right at any time to change the application and its features and offers.
§ 7 TERMINATION OF USE AND EXCLUSION OF USE
7.1. The useful life of the application is basically unlimited and can be terminated at any time and without stating reasons on both sides with immediate effect.
7.2. The right of use of the driver ends automatically, without the need for termination, if the driver does not fulfill one of the conditions in § 1 (for example, in the case of a driving license withdrawal).
7.3. Live Cab Service is entitled to temporarily or permanently exclude the driver from the application at any time and without a reason, for example in case of breaches of the law, gross negligence or violations of these GTC. The driver commits himself not to lure passengers for their own use or to use the data of passengers, which he learns through the use of the application, for himself or for third parties. Failure to comply with this obligation will result in immediate exclusion from the application. In addition, Live Cab Service reserves the right to assert the damage by way of legal recourse.
7.4. Temporary suspension is automatic if the driver does not actively use the application for more than 1 year. The driver can cancel this blockage by sending a message to Live Cab Service.
§ 8 REVIEWS
8.1. The driver agrees that the passengers carried by him can evaluate the services provided by him (driver and vehicle by max. 5 stars). The passengers are obliged to be objective.
8.2. 8.2. The evaluation serves exclusively the customer information and has no impact on the offer of driving orders. In exceptional cases, Live Cab Service may contact the driver and warn him or even block the driver if his ratings no longer acceptable.
§ 9 LIABILITY
9.1. The driver carries out the driving order in his own name and on his own responsibility. He is liable for any damage caused in the course of the exercise of the driving order. The driver is obliged to complete the statutory insurance (Cab insurance).
9.2. If the driver is responsible for an infringement, he shall release Live Cab Service from any liability to third parties, including the costs of appropriate legal defense. Incidentally, in the event of a culpable injury, the driver is obliged to compensate Live Cab Service for the damages incurred. The driver is obliged, if third parties assert claims against Live Cab Service for their infringement, to provide Live Cab Service with comprehensive and prompt information, to the extent necessary for review and defense, and to indemnify Live Cab Service against any claim.
9.3. The use of the application is at your own risk. The use of the application is "as is" and without any representations. In particular, Live Cab Service makes no warranty and excludes all liability for
a) Constant, error-free availability of the application;
b) Data security and virus freedom of the application
c) The effective placement of driving assignments. Live Cab Service disclaims all liability to the extent permitted by law.
§ 10 SOCIAL BENEFITS, INSURANCES AND TAXES
10.1. The driver (or his employer) is solely responsible for the payment of all Social benefits, Insurance and Tax, VAT which must be settled in accordance with applicable Maltese law. All generated sales (travel / orders), which were arranged by Live Cab Service, are to be communicated by the driver to the respective institutions and charged. If a driver is employed by an employer, he must inform his employer about the turnover he has generated.
10.2. Taxes such as value added Tax (VAT), state and local taxes and federal Tax are to be settled by the driver according to the turnover generated by him.
10.3. Live Cab Service only provides the application as a platform for arranging driving assignments. Live Cab Service and the driver are independent, independent service providers and these terms and conditions in no case establish a labor agency or agency Partner relationship. The driver assures that he is either registered as a self-employed person or employed by an employer. The driver or his employer is responsible for the declaration and settlement of all duties and taxes, in particular social security contributions. Should Live Cab Service for any reason be called upon to meet these claims, the driver agrees to indemnify Live Cab Service for any taxes and social security contributions (both employee and employer contributions) at the first request.
§ 11 DATA PROTECTION
§ 12 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 GTC, GENERAL TERMS AND CONDITIONS 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.