Introduction

  • Fair Trade Fares Ltd (FTF) is an online private hire car booking company based in Edinburgh.
  • FTF owns and manages an App (“the App”) which permits you to place Ride Requests for specified journeys, and (if your Ride Request is accepted by a Driver), create a Transportation Contract for your chosen journey (our “Services”).
  • FTF is prepared to offer use of the App subject to these Terms and Conditions. 

Please read these Terms and Conditions carefully as they will govern our agreement and how we work together.

Definitions

“App Services” means the provision of the App and other services as set out in clause 4.

“Booking” means a Driver Ride Request once accepted by the Driver.

“Device” means a telephone or another similar device through which the [App] is accessed.

“Driver” means the driver of a licensed private hire vehicle operating as an independent contractor in Edinburgh who is contactable via the App subject to these Terms and Conditions.

“Driver Services” means the provision of taxi services by the Driver to Riders which are booked using the App.

“Fare” means the fare charged to the Rider in accordance with clause 10.

“FTF” and “we” or “us” means Fair Trade Fares Ltd, a company incorporated in Scotland and with its registered office at Suite 49a Bonnington Bond, 2 Anderson Place, Edinburgh EH6 5NP.

“Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Ride Request” means an order placed using the App by you for a Rider Journey.

“Rider” means a customer who books a Journey using the App.

“Ride ID” means the unique identification number generated by us at the point that a Driver accepts your Ride Request.

“Rider Journey” means a Journey requested by a Rider and which may result in a Booking.

“Standard Charges” means our standard pricing structure rides provided by Wystle, which can be found in our App, as amended by us (at our absolute discretion) from time to time.

“Transportation Contract” means a legally binding contract between you and the Driver for the provision of transport services via the App services for a Rider Journey, which is formed at the point that your Ride Request is accepted by a Driver.

“User” means anyone who accesses or uses the App in any way.

 

Agency and FTF Status

  • In providing the App Services, FTF will perform specific tasks as an agent and intermediary on behalf of the Driver and you.
  • FTF is not a party to any Transportation Contract you will have with a Driver. When a Driver confirms a Rider Journey request as sent by you via the App, your agreement is communicated to the Driver by FTF (as a disclosed agent). This will provide a direct contract between you and the Driver.
  • FTF is not responsible in any way for the fulfilment of the Transportation Contract entered into between you and the driver. Disputes arising from consumer rights, legal obligations or from the law applicable to the provision of transport services will be resolved between the Rider and the Driver. Data regarding the Drivers and their transport service is available in the App and receipts for journeys are sent to the email address listed in the Rider’s trip history. 

 

App Services


  • The App and the App Services are only available for use by consumers. You agree that you will not use our Services: 
  • for any commercial use; 
  • for the purposes of entering into transportation contracts for the transportation of goods, valuable items, food, living animals or any hazardous or dangerous materials; 
  • negligently or in any manner so as to cause nuisance; 
  • for any unlawful purpose; 
  • in the knowledge that you do not intend to perform your obligations under your contract with us.
  • You must be over the age of 18 to use our Services. Our Services are only available to individuals who can form legally binding contracts. By accessing the App you are confirming that you are over the age of 18 and have the right and capacity to enter into and abide by these terms. You shall not use our Services where any of the passengers are under the age of 18 (unless any such individuals are accompanied by someone over the age of 18). 
  • We may ask you for ID. You may be requested in certain circumstances to provide evidence of your identity or age in order to use the Services and/or the transportation services. If you fail to provide sufficient evidence when requested, then you may be denied access to use the Service and/or the transportation services.
  • You must not communicate directly with a Driver other than as required in order to complete the Ride Request, to make a change to Journey, seeking lost items or emergency cases. We reserve the right to suspenda or terminate your Account in the event that you contact a Driver directly other than for purposes of a Rider Journey booked through the App. 

 

App Availability

 

  • The App is provided on an “as is” and “as available” basis with all faults and defects and without warranty of any kind and we accept no liability for any disruption or non-availability of the App at any time and in any geographical location for any duration.
  • The App is available to download onto your Device from the Apple App Store or Google Play store and by downloading the App You agree:
  • to be bound by the terms and conditions of either the Apple App Store or Google Play store, as the case may be, relating to downloading of apps;
  • that from time to time, updates to the App may be issued through either the Apple App Store or Google Play store, as the case may be, and depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms;
  • you accept all responsibility for the safety and security of any devices onto which you download and use the App from;
  • we make no guarantee that the App will be available at all times and in all territories;
  • we make no guarantee that the App will operate effectively on any device used by you to access the App; and
  • We reserve the right to suspend, withdraw, discontinue, or change the App or any part thereof at any time and without prior notice to you.

 

Accounts


  • In order to use the App, you must first register and create an Account.
  • As part of the registration process, you will be required to provide certain personal information, including but not limited to your name, your email address, your mobile number and your bank card details.
  • You warrant that any information you give to us while completing the account registration process will always be accurate, honest, correct and up-to-date.
  • If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may, at our sole discretion, refuse to provide you with an Account.
  • Your Account is unique to you, and you must not share your account details with anyone else or allow anyone else to use your account. The safety of your Account and login details is solely your responsibility, and you accept full responsibility for any activity that takes place using your Account.
  • We reserve the right, in our absolute discretion, to suspend or cancel your Account or otherwise prohibit you from using the App for any reason, including but not limited to any failure by you to comply with these Terms.

Any Personal Data that you provide as part of the process of creating your Account will be dealt with in accordance with the terms of the Privacy Policy. Unless expressly permitted by us in writing, you may only create one Rider Account.

Ride Requests

 

  • When you would like to make a Ride Request, you must open the App on your Device and specify a pick-up point, and a drop-off point.
  • We will then check your location and send details of your Ride Request to the nearest available Driver. In the event that no Drivers are available in that vicinity, the search radius Will be widened. If a Driver is able to accept your Ride Request, he or she will inform us and we will confirm this to you via a push notification; we will also tell you by the same method if there are no Drivers willing or able to accept your Ride Request. 

If we are unable to accept your Ride Request, we will inform you of this via a push notification and you will not be charged. We may refuse your Ride Request because there is no Driver in your vicinity, because there are no Drivers willing or able to satisfy your request, because of technical issues which we did not anticipate or could not reasonably plan for, because there is an issue with your payment details or registered account, or because we have identified an error in the price or description of the service.

Cancellations and No-Shows 


  • By a Driver
  • A driver may cancel a Journey or Ride Request at any time before they pick you up. You will receive an in-App notification that the Driver has cancelled your Fare.
  • FTF accepts no liability in the event that a Driver cancels a Ride Request after accepting it and you have no right to claim any compensation from Us.
  • By a Rider
  • You may cancel a Fare at any time before a Driver picks you up from the pick-up point.
  • No-Shows
  • if a Driver arrives at a pick-up point and cannot find you, they will attempt to contact you by texting or calling using the mobile number associated with your Account;
  • If a Driver is unable to contact you, they will only remain in the vicinity of the pick-up point for 5 minutes, of which the initial 2 minutes are free of charge and the following waiting time will be charged with no discount applied. The Driver may then cancel your Ride request and leave. It is the Rider’s responsibility to make an effort and to show up at the pick-up point within the designated time frame. A cancellation fee will be applied once the Driver marks the No Show Up reason and cancels the job after the 5-minute waiting time is completed. No further complaints or disputes arising from such a situation will be accepted by FTF.

 

Your Device


  • It is your responsibility to ensure that you have suitable hardware and software in order to access the App. Access to the App is only available using a Device capable (amongst other things) of: 
  • receiving and transmitting mobile data; and 
  • transmitting geolocation data to us so that we may accurately map your location whilst logged into your Rider Account. 
  • Hardware and software updates. You may from time to time be required to update your hardware and/or download software updates in order to access the App. We do not guarantee that you will be able to access the App from any particular Device or that such access will be uninterrupted. 
  • You consent to us knowing your location. By accessing an App, you consent to our geolocation tracking of each Device (at all times whilst you are logged into your Account) through which you are accessing the App. 
  • We are not liable for your device or any network charges. You may incur charges as a result of the use of a network’s (including but not limited to mobile networks) while using the app. You acknowledge that you are solely responsible for any such charges and we accept no liability for any costs incurred by you in relation to: 
  • any purchase you make of a Device (and any subsequent purchases if a Device becomes no longer compatible or able to access the App due to any changes or updates we make to the App; and 
  • any related costs incurred whilst you are using the App and our App Services (including but not limited to network data charges).

 

Fares and Payment:


  • Fares will be calculated, collected and paid as part of the App Services provided by FTF.
  • Fares for Rider Journeys are calculated based on the Fare Table For Taxis provided by the City of Edinburgh Council and available on the City of Edinburgh Council website. A predetermined discount will be applied to the total Fare at the end of each journey. Such discount varies at different times of the day and the weekends.
  • Fares do not include any tip paid by the Rider to the Driver. Riders may pay tips, directly to the Driver in cash or through the App. 
  • We will collect tips paid through the App on behalf of the Driver and remit them to the Driver, without applying any Service Fee to them. 
  • Any surcharges incurred by a Rider as part of a Rider Journey (such as road, bridge, ferry, tunnel or airport charges and tolls) must be covered by the Rider in addition to the Fare.
  • When using the App to make your Ride Request, you will be required to provide account details from which the electronic payment may be taken (“Rider Payment Account”). By providing such information you authorise us to withdraw the amount of the Fare from your Rider Payment Account. 
  • In order to set up a Rider Payment Account you will be required to provide information (including but not limited to) regarding Name; Address, Type of payment card, and Name as shown on the card including but not limited to:
  • Card number; 
  • Start date of the relevant card;
  • The expiry date of the relevant card;
  • CCV number of the relevant card; and any other information which we may reasonably require from time to time; and notify us immediately if any of the above information changes. 
  • We will automatically take the Fare once you have arrived at your drop-off point or, if a cancellation fee applies, at the point at which you cancel the ride or in a No-Show-Up situation.
  • We use a third party to process payments. Payment will be facilitated by a third-party payment gateway and/or payment processing services provider appointed by us (the “Payment Processor”), as varied from time to time. 
  • You consent to us transferring the details in your Rider Payment Account to our Payment Processor. You acknowledge and agree that we may transfer all information provided by you in relation to your Rider Payment Account to the Payment Processor.
  • On completion of a Rider Journey, we will automatically send you an invoice on behalf of the Driver. You and the Driver can download the invoice from the Driver/Rider portal.

 

 

Intellectual Property


  • FTF owns and reserves all rights, title, and interest in and to the App and the App Services. We grant you a personal, non-exclusive, non-transferable, revocable, non-sub-licensable licence to install and use the App on your device solely for providing the Driver Services. This licence will terminate the moment you permanently stop using the App and App Services.
  • Except as provided in this clause 11, you obtain no rights from us or our licensors to the App or the App Services. You must not attempt to:
  • modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the App or the App Services; 
  • reverse engineer, disassemble, or decompile the App or the App Services or apply any other process or procedure to derive the source code of any software included in the App or the App Services;
  • access or use the App or the App Services in a way intended to avoid incurring fees or exceeding usage limits or quotas; or
  • resell or sublicense the App or the App Services.
  • The license granted to you is conditional on your continued compliance with these Terms and Conditions, and will immediately and automatically terminate if you do not comply with any of the terms or conditions therein. You will not assert, nor will you authorise, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding the App or any App Services you have used. You are not allowed to use any of our trademarks, names or logos without our prior written consent.

 

Customer Satisfaction


  • If you are unhappy with our Services. We would like to know if you are in any way unhappy with our Services. Please contact us Via our help centre at helps.ftftaxi.com so that we can try to help. 
  • If you want to complain about the Driver or the transportation services you have received. Please contact us via our help centre at helps.ftftaxi.com and we will investigate your complaint and provide you with a full response once we have completed our investigation. 
  • Lost property. If you have lost any items, You can directly contact the Driver via the Trip History section of the Rider App,. Alternatively please contact us via our help centre at helps.ftftaxi.com and we will contact the Driver to see if the missing items can be located. We accept no liability for any lost or stolen items during your Ride.

 

 

Disclaimers


  • The App and the App Services are provided on an “as is” and “as available” basis. The App and App Services may be subject to limitations, delays, and other problems inherent in the use of electronic communications and are not guaranteed to be available or error-free or to result in any Journeys. We make no representations, warranties or guarantees as to the actions or inactions of the Drivers, or the availability of the App or the App Services.
  • We and our affiliates and licensors make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the App or App Services. Except to the extent prohibited by law, we and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
  • When booking a Ride on behalf of another passenger you accept these limitations on their behalf and they will have no right to claim against us.
  • Where you are booking a Ride for a minor who will not be accompanied by you or another responsible adult you warrant that you are authorised to make decisions regarding such minor and you do so entirely at your own risk.
  • Where you choose to place your belongings in a cab for an unaccompanied Ride you do so entirely at your own risk, and we accept no liability for any loss or damage to your property.

 

Limitation of Liability


  • FTF’s entire liability under these Terms and Conditions respect of any breach of our contractual obligations, any breach of warranty, any representation, statement or delictual act or omission including negligence arising shall be not exceed the amount of the Fare, subject to a maximum of £50 Pounds Sterling.
  • FTF shall not be liable to you for any indirect or consequential loss which you may suffer, even if the loss is reasonably foreseeable or FTF has been advised of the possibility of you incurring it.
  • FTF shall not be liable for any loss, costs or damage howsoever arising from the failure of any third party to fulfil its obligations to you under any agreement between you and such third party.
  • Nothing in this clause 14 limits any liability, which may not legally be limited, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation.
  • The limitations and exclusions of liability in these Terms and Conditions shall survive the termination of the contract between us.

 

Duration and Termination


  • Your use of the App and the App Services is voluntary, and subject to compliance with these Terms and Conditions. If you choose to stop, you may do so without providing any notice.
  • We may withdraw permanently or suspend access to the App and App Services with immediate effect if we conclude that there is a breach by you of these Terms and Conditions.

 

Dispute Resolution

 

Should any dispute arise in connection with these Terms and Conditions the Parties will seek to resolve the matter through discussions and if that is unsuccessful within a period of 30 days parties shall attempt to settle it by Mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.

 

Governing law

 

These Rider Terms and Conditions will be governed by the laws of Scotland and the Courts of Scotland will have non-exclusive jurisdiction to adjudicate any disputes arising.