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Rider Terms and Conditions

Welcome to the miwhip App!

miwhip is delighted that you’ve chosen the App to start your journey. Before you do, there are some important terms that miwhip need to bring to your attention which explain your own and miwhip’s (and miwhip London’s) rights and responsibilities when you use the App.

You should therefore read these terms carefully before you use the App. Your registration on the App constitutes your acceptance of these terms. If you are not prepared to accept these terms, you should not complete registration and should not use the service in any manner.

PART A – INTRODUCTION

1 HOW miwhip WORKS

1.1 These terms are divided into 3 parts:

1.1.1 Part A – Introduction is an introduction to how the App works and the services you can use on it;

1.1.2 Part B – Reservation Services describe how you use the Reservation Services provided by miwhip London and who miwhip London are; and

1.1.3 Part C – App Services describe the terms of use and access to the App Services provided by miwhip, how to register on the App, who miwhip is, and your basic obligations together with the background as to how the App works.

1.2 The App Services provided by miwhip allow you to access and use the Reservation Services provided by miwhip London in Part B. The terms and conditions in Part C do not apply to the Reservation Services in Part B. For the avoidance of doubt, the Reservation Services to make a booking of a Ride are made via miwhip London and all other services including the App Services are provided by miwhip.

2 DEFINITIONS

2.1 The following definitions shall apply in both the Reservation Services and App Services terms unless the context otherwise requires:

Account Registration

means your personal account registration on the App to use the App Services;

App

means the miwhip app and/or website at www.miwhip.com provided to you by miwhip;

App Services

means the access and/or use of the App by you;

Driver

means the individual who is driving the vehicle providing the Ride, who may be an employee of miwhip London, an employee of a third party company or a self-employed individual acting as a Transport Provider in a personal capacity;

Estimated Price

means the estimated price of a Ride (calculated based on distance, time and traffic conditions) (which includes VAT);

Fee

means the charge made by a Transport Provider for the Ride you receive via the App Services;

Identifying Information

means your user name and password or any other piece of information provided as part of miwhip’s security procedures and set up during Account Registration;

miwhip

means miwhip Unipessoal Lda, a company registered in Funchal, Madeira, company number 514847301;

miwhip Brand

means any of types of Ride available including mione, miwhip, miwhip+, miexec, milux, miwav, and/or mipink;

miwhip London

means miwhip Ltd, a company registered in England and Wales, company number 10990699 and VAT number 283 2395 87;

PHV

means a private hire vehicle operated by a Transport Provider;

Reservation

means a booking for a Ride;

Reservation Services

means the booking services for a Ride as detailed in Part B, paragraph 2;

Ride

means a minicab/chauffeur transport service; and

Transport Provider

means a provider of Rides and includes miwhip London, third party companies licensed as taxi operators and individuals who hold a PHV licence.

PART B – RESERVATION SERVICES TERMS

1 ABOUT miwhip london

2.2 Miwhip London is the holder of a PHV operator licence issued by Transport for London pursuant to the Private Hire Vehicles (London) Act 1998. miwhip London can therefore accept Reservations made by you.

2.3 Miwhip London’s registered office address is Unit 3 Sundon Business Park, Dencora Way, Luton, United Kingdom, LU3 3HP. However, its registered address for Reservations is the operating centre at 2 Western Avenue Business Park, Mansfield Road, London, W3 0BZ.

2.4 You can also contact miwhip London by:

2.4.1 phone on 0203 538 3636; or

2.4.2 by email at [email protected].

3 RESERVATION SERVICES

3.1 miwhip London provide the following Reservation Services via the App in order for you to book a Ride:

3.1.1 accepting your Reservation to take a Ride (which miwhip may decline/cancel);

3.1.2 identifying and connecting you to an appropriate Transport Provider to complete a Ride;

3.1.3 retaining Reservation information, the duration and location of the Ride and storing on the App for payment/record keeping purposes;

3.1.4 providing Transport for London with data regarding miwhip London Reservation Services; and

3.1.5 enabling you to contact miwhip London regarding any problems/comments (for example, managing any lost property instances during your Ride about a Reservation.

3.2 Miwhip London may provide the Ride itself through a Driver employed by miwhip London, in which case miwhip London will be the Transport Provider. Alternatively, it may arrange for the Ride to be provided to you by a third party, in which case that third party will be the Transport Provider. The Ride is provided to you under a contract between you and the Transport Provider (who miwhip London connects you with in the Reservation Services) and, unless it is acting as the Transport Provider itself, miwhip London is not a party to that contract. It is at your discretion to accept the Ride offered by a Transport Provider.

3.3 miwhip London provide the Reservation Services to you without charge. Any charges for a Ride will be provided to you via the App and this is detailed in App Services in Part C.

3.4 All Reservations must be placed via the App. You can make a Reservation by selecting the type of miwhip Brand you would like and following the on-screen process. You must use a GPS enabled device to make a Reservation and it is your responsibility to ensure that your device is compatible with the App. miwhip London will not be responsible for any malfunction of your device.

3.5 Your Reservation forms an acceptance of miwhip London’s offer to provide the Reservation Services and creates a legally binding agreement between you and miwhip London, governed by these terms. You acknowledge that, unless it is acting as the Transport Provider itself, miwhip London does not provide the Ride you receive and your Ride is provided by the Transport Provider only.

3.6 Once you make a Reservation, miwhip London will accept the Reservation and connect you with a Driver. Once successfully connected to a Driver, you will receive an in-App notification confirming your Ride along with an estimated arrival time of the Driver and charges.

4 LIMITS OF miwhip London RESPONSIBILITY

4.1 miwhip London is not responsible to you for the following types of loss or damage:

4.1.1 of a kind that miwhip London could not reasonably have foreseen;

4.1.2 arising out of receipt of the Reservation Services for commercial, business or re-sale purposes;

4.1.3 which results from you failing to comply with these terms or making use of the Reservation Services in a way or for a purpose other than that which was intended or agreed;

4.1.4 arising out of the unavailability of the Reservation Services;

4.1.5 arising out of the contract formed between you and the Transport Provider for the transport/taxi services provided during a Ride (unless miwhip London is acting as the Transport Provider itself); and

4.1.6 of a type that would normally be expected to arise as a result of the Reservation Services being provided, where the fact this loss or damage would occur or be likely to occur was obvious or was drawn to your attention before you placed your Reservation.

4.2 However, nothing in this paragraph 3 or otherwise in these terms is intended to limit or exclude miwhip London’s liability for death or personal injury caused by negligence, for breach of your legal rights in relation to the services or otherwise where miwhip London are not permitted to limit or exclude their liability by law.

5 LAW AND JURISDICTION

5.1 Even though the contract concluded between you and miwhip London relating to your use of the Reservation Services is concluded over the internet, you and miwhip London agree that these Reservation Terms have been concluded in England in writing. This contract, and any associated non-contractual disputes or claims, are governed by English law and you accept the exclusive jurisdiction of the English courts.

PART C – APP SERVICES TERMS
ABOUT miwhip

5.2 miwhip is the provider of the App Services which allow you to access and use the Reservation Services detailed in Part B.

5.3 miwhip’s registered office address is 1st Floor, 20 Rua Dr. Brito Camara, Funchal, Portugal 9000-039.

5.4 You can contact miwhip via the App for further information regarding the App Services.

6ABOUT YOU

6.1 You must make sure that the details that you provide to miwhip about yourself are complete and accurate.

6.2 The App Services are provided only to you and for your own benefit, and miwhip will not be under an obligation to provide the App Services to any other person.

6.3 miwhip only provides the App Services to private customers, not to businesses, and you must only use them for personal purposes.

6.4 Your use of the App Services creates a legally binding agreement between you and miwhip, governed by these terms.

6.5 The App can only be used by individuals of at least 18 years of age who are resident in the United Kingdom and legally entitled to enter into contracts. If miwhip have previously cancelled the provision of any service to you, please let miwhip know before you order further services.

7 REGISTERING ON THE APP

7.1 Access to the App is permitted when available and miwhip will not be liable if for any reason the App is unavailable, in whole or in part, for any reason, at any time or for any period.

7.2 You must have completed Account Registration to use the App’s functions. When completing the Account Registration you will need to provide certain personal information, such as your name, address, location, mobile phone number, one valid payment method and age. You may only complete Account Registration once and may not have multiple accounts, unless authorised by miwhip.

7.3 You must treat all Identifying Information as confidential and must not disclose it to any third party. You agree to notify miwhip immediately of any unauthorised use of the Identifying Information or any other breach of security.

7.4 You are responsible for all activity that occurs using the Identifying Information issued to you and you may be held liable for losses incurred by you, miwhip or any other user of or visitor to the App due to any use connected with your Identifying Information, whether or not that use has been made by you.

7.5 You agree that the Identifying Information you provide may be used by miwhip to contact you, including via SMS text messaging in order to fully use the App Services.

7.6 miwhip has the right to disable your rights of access to all or parts of the App, at miwhip’s sole discretion, if in miwhip’s opinion you have failed to comply with any of the provisions of these terms.

7.7 Any content you upload to the App will be considered non-confidential and non-proprietary and you grant miwhip a perpetual irrevocable licence to use, copy, distribute, amend and/or disclose to third parties any such content for any purpose.

7.8 miwhip may suspend your use of the App in circumstances where miwhip is of the opinion that your continued use of the App would cause miwhip liability, to breach any law, or endangers miwhip’s systems. miwhip shall not be liable to you in respect of any such suspension.

8 THE APP SERVICES

8.1 Once you successfully make a Reservation you must ensure that you are ready to begin your Ride and you are at the agreed pick up location for your Driver. It will be your responsibility to ensure that the Driver can pick you up at the estimated agreed time. If the Driver arrives at your location and is unable to provide the Ride at all or is delayed, then you may be charged a reasonable fee to cover wasted costs (as detailed in paragraph 10).

8.2 You acknowledge that elements of the App Services may be provided to you by other miwhip Brands and that where you choose one of the miwhip Brands, you enter into a contract with miwhip.

8.3 The App Services are provided for you to reserve Rides for yourself and, where relevant, friends and family who you want to accompany you on your Ride. If someone else wishes to take a Ride without you, miwhip strongly recommends that they use (or sign up for) their own account and make a Reservation in their own name. If you do agree to use the App Services to make a Reservation for someone else, miwhip’s agreement will still be with you and you will still be fully responsible for fulfilling all of your obligations in respect of the App Services miwhip provide to you.

8.4 You must not:

8.4.1 use the App Services to make a Reservation for a person who is under the age of 18, unless that person is accompanied by at least one person who is over the age of 18; or

8.4.2 give any other person access to your account to place Reservations themselves.

8.5 All time periods that miwhip provide in relation to the performance of the Ride are estimates only.

8.6 Occasionally miwhip’s ability to provide the App Services may be affected by an event outside its control. In this case miwhip will make reasonable efforts to provide the services despite the occurrence of the event. Where the event causes a delay to miwhip’s performance of the services, miwhip will take steps to minimise the effect of the delay. If however the event prevents miwhip from providing the App Services at all or within a reasonable period of the date on which it was originally anticipated the App Services would be provided then miwhip may cancel this contract and provide you with a full refund (or, if only part of the App Services were affected, a refund for the affected part of the App Services).

9 DURATION OF THE RIDE

9.1 Once the Reservation is confirmed, you will receive the following information via the App:

9.1.1 the Driver’s first name;

9.1.2 the Driver’s photograph;

9.1.3 the Driver’s London PHV licence number;

9.1.4 the Driver’s vehicle registration mark;

9.1.5 miwhip contact number;

9.1.6 the Estimated Price; and

9.1.7 an estimated time of arrival of the Driver.

9.2 You acknowledge that after the Ride has completed the Driver will be prompted to provide feedback regarding you via a rating system (your “Score”). This Score will only be used by miwhip to enhance your Ride experience and for any loyalty or promotional bonus miwhip may offer.

10 Changes to the APP Services

10.1 miwhip may from time to time change the App Services to better meet customer demand, take account of changes in the market, reflect changes in the law or for any other reason.

10.2 Where miwhip cannot continue to provide the App Services to you as originally ordered, for example because a change in law makes it unlawful for miwhip to do so or because it would be practically or commercially unviable for miwhip to continue providing the previous version of the App Services to you, miwhip will let you know.

11 Price and payment

11.1 The App is free to download from the Apple App store or Google Play store. You acknowledge that the Ride you receive via use of the App Services may incur a Fee from the Transport Provider.

11.2 The rates that apply for a Ride will be provided to you via the App and the Estimated Price is shown on the App when making a Reservation.

11.3 miwhip take all reasonable care to ensure that the Estimated Price indicated to you is correct. You will receive an in-App notification and email at the completion of the Ride regarding the final Fee. Payment of the Fee is due immediately upon completion of a Ride.

11.4 miwhip facilitate payment of the Fee on behalf of the Transport Provider as their agent. Your payment will be by the nominated method chosen by you during Account Registration. Transport Providers do not accept cash payments or tips. Acting as the Transport Provider’s agent, if miwhip is unable to take payment for any reason miwhip will contact you and ask you to make payment by an alternative method.

11.5 You acknowledge that miwhip may revise the Fee due to periods of high demand but miwhip will inform you of any increases to the Fee before you make a Reservation. You have the right to refuse to agree to the revision to the Fee and not proceed with the Reservation.

11.6 miwhip may provide you with promotional codes or discounts based on different events and your Score which may affect the Fee. However, miwhip will inform you of any changes to the Fee as a result of those promotional codes or Score before you make a Reservation. Your ability to qualify for discounts or special pricing may be subject to particular qualification requirements or restrictions, details of which will be published on our website.

12 OTHER FEES

12.1 After making a Reservation, you may cancel it through the App but you may incur a cancellation fee as detailed in paragraph 9. You may also be charged if you are not at the agreed location your Driver is sent to.

12.2 You shall be responsible for any costs required for repair to or additional valet services (above normal wear and tear) required by the Transport Provider where you have materially damaged or stained their PHV during your Ride.

12.3 Where a Transport Provider reports to miwhip any repair and/or cleaning costs (above normal wear and tear) and provides evidence of those, miwhip will facilitate the payment of those costs on behalf of the Transport Provider via your payment method and those costs will be transferred on in full to the Transport Provider.

13 CANCELLATION BY YOU

Cancellation soon after making a Reservation

13.1 You have the right to cancel the contract with the Transport Provider after a Reservation is confirmed and prior to the arrival of the Driver without giving any reason. To do so you must inform miwhip by selecting the “Cancel Ride” option within the App and confirm. This may result in a cancellation charge as follows:

13.1.1 If you cancel within 2 minutes of receipt of the Reservation confirmation – no charge; and

13.1.2 If you cancel over 2 minutes after the Reservation confirmation – £5 charge.

13.2 The cancellation charge is to reflect the time and expenses incurred by Transport Providers in getting the Driver to your location. Once the Driver arrives you will receive a notification via the App. If the Driver arrives late (being 5 minutes over the estimated time of arrival notified to you when the Reservation is confirmed) then miwhip will waive any cancellation charge, if you wish to then cancel the Ride.

Cancellation if there is a problem with the Ride

13.3 Once you have commenced a Ride you may inform the Driver that you wish to cancel the Ride and the Driver will drop you off. You will be charged the Fee for the Ride up until that point.

Cancellation for any other reason

13.4 Paragraphs 9 to 11 describe the cancellation rights that miwhip offer and miwhip will generally not be able to accept the cancellation of your Reservation other than in the circumstances described in those paragraphs. However, nothing in these terms is intended to override your ordinary legal rights.

14 Our rights to CANCEL YOUR RESERVATION

14.1 Once a Reservation has been confirmed and the Driver is on the way to you miwhip cannot cancel the Reservation. However, the Transport Provider can cancel in the following circumstances and you may incur a cancellation charge:

14.1.1 if the Driver cannot get in touch with you or you cannot confirm your location (for whatever reason) – £5 charge; and

14.1.2 if you do not show up at the agreed pick up location within 5 minutes of the Driver arriving – £5 charge.

15 OUR RIGHTS TO END THE CONTRACT

15.1 Ending the contract due to your breach

miwhip may cancel its contract with you and stop providing the App Services in the following circumstances:

15.1.1 where you are not eligible to receive the App Services, for example because you are not resident in the United Kingdom or are under 18;

15.1.2 where miwhip has reasonable grounds to believe that you will not make payment at the required time;

15.1.3 where miwhip do not have sufficient capacity to provide the App Services to you;

15.1.4 if you fail to comply with these terms in a way that has a serious effect on miwhip; or

15.1.5 if miwhip discover that you gave miwhip incorrect information when you completed your Account Registration.

15.2 Ending the contract for other reasons

15.2.1 miwhip may end this contract if an event outside their control happens which means that miwhip cannot provide the services as expected (see paragraph 4.7).

15.2.2 miwhip may also cancel the contract at any time on not less than 14 days’ written notice to you at any time. In this case miwhip will stop providing the services, and miwhip’s contract with you will end, from the end of that period.

16 QUERIES, PROBLEMS OR COMPLAINTS

Queries

16.1 If you have any queries about the App or the App Services please call 0203 538 3636 or by emailing miwhip at [email protected] and miwhip will do its best to help you.

16.2 If you believe that you have been incorrectly charged a cancellation charge or damage charge, then please use the relevant query function on the App.

Problems

16.3 miwhip work hard to ensure that all of its customers are satisfied with the App Services that they receive. In the unlikely event that you do experience a problem with your Ride, please let miwhip know by contacting miwhip at the details above.

16.4 If the problem is that miwhip has failed to supply the App Services with reasonable skill and care, in accordance with the information miwhip provided to you before you made your Reservation or otherwise in accordance with these terms then miwhip will (where possible) arrange a refund of the Fee to you.

16.5 The solutions above will normally resolve any problems that may arise. However, if the problem is particularly serious please see paragraph 12.7.

16.6 miwhip reserve the right to inspect any and investigate any problems that you report before miwhip provide a remedy, but will always make sure that this does not unreasonably delay miwhip in resolving your issue. If miwhip is unable to identify any problem with the App Services or concludes that the problem was caused by your failure to comply with these terms then miwhip may be unable to offer any remedy. If you disagree with this decision please see paragraphs 12.7 to 12.9 below.

Complaints

16.7 miwhip take all complaints seriously. If miwhip receive a complaint from you it will be reviewed by its customer care team who will respond to you within 14 days. If you are dissatisfied with this response you may request that your complaint be escalated, in which case it will be passed to a senior person in miwhip who will review your complaint and the initial response and provide a further response within 28 days of your request to escalate the matter.

Online Dispute Resolution service

16.8 If miwhip are unable to resolve your complaint you may wish to submit a complaint via the Online Dispute Resolution service (see http://ec.europa.eu/odr). This is an independent portal provided by the European Union.

Other legal remedies

16.9 miwhip takes its legal responsibilities very seriously and have prepared these terms and conditions in accordance with your legal rights. The options described above are intended to describe or be in addition to your normal legal remedies and nothing in these terms will override or exclude any of your legal rights.

Limits of miwhip’s responsibility

16.10 miwhip is not responsible to you for the following types of loss or damage:

  • of a kind that miwhip could not reasonably have foreseen;
  • which results from you failing to comply with these terms or making use of the App Services in a way or for a purpose other than that which was intended or agreed;
  • arising out of the unavailability or you being unable to access the App Services;
  • arising out of the contract formed between you and the Transport Provider for a Ride; and
  • of a type that would normally be expected to arise as a result of the App Services being provided, where the fact this loss or damage would occur or be likely to occur was obvious or was drawn to your attention before you placed your Reservation.
  • However, nothing in this paragraph 12.10 or otherwise in these terms is intended to limit or exclude miwhip’s liability for death or personal injury caused by negligence, for breach of your legal rights in relation to the services or otherwise where miwhip is not permitted to limit or exclude their liability by law.

17 How miwhip may use your personal information

17.1 miwhip will use the personal information (including all information provided during Account Registration) you provide to supply the App Services to you, to process your payment and provide you with support for the App Services.

17.2 If you choose to receive information about miwhip’s other products and services it believes may be of interest to you then miwhip may use your personal information for these purposes. You may stop receiving these communications at any time by contacting miwhip to unsubscribe.

17.3 miwhip will only give your personal information to third parties where the law either requires (for example an insurance claim or police following an accident) or allows miwhip to do so.

17.4 miwhip’s collection and use of your personal information is detailed in the miwhip privacy policy on the App [ Put link to Rider Privacy Policy].

18 Other important terms

18.1 Any contract for App Services is formed will be between you and miwhip. No other person shall have any rights to enforce any of its terms. You acknowledge the contract between you and the Transport Provider for the provision of a Ride is a separate contract.

18.2 All trade marks, company names, logos and service names including the “miwhip” trade mark and the miwhip Brands remain miwhip’s property. Nothing in these terms grants to you any rights related to those.

18.3 miwhip may update these terms from time to time on written notice to you. Where miwhip does so, it will let you know at least 30 days before the change occurs and provide a copy of the new terms via the App. You will then have the right to refuse to agree to the change and cancel the contract at any time within 30 days of receiving the notification of the change. If you do not then miwhip will consider that you are agreeable to the new terms and the new terms will come into effect from the date that miwhip notified to you.

18.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.5 These terms are governed by English law and you can bring legal proceedings in respect of the any disputes arising out of or in connection with your order, including any problems with the App Services, exclusively in the English courts.