General Standard Terms and Conditions of Public In Motion GmbH for the Ongoing Arrangement of Transport Services for the USER
Public In Motion GmbH (hereinafter referred to as "PIM"), represented by Mr. Sebastian Kleinau (Managing Director), Wichmannstrasse 7, 10787 Berlin, Germany, Lower Trial Court and Registration Court (Amtsgericht) of Charlottenburg, Trade Register no. HRB 140305B, tax ID number: DE282732251, telephone: +49 (0)30 346497360, shall arrange transport services through the www.talixo.de booking platform (hereinafter referred to as "TALIXO"); the said services shall be rendered by taxi and rental car businesses registered with TALIXO (hereinafter referred to as PROVIDER or PROVIDERS) for taxi and rental car clients (hereinafter referred to as USER or USERS). The term “rental cars” hereinafter refers to limousines with a driver (booking classes: Economy Class, Business Class and First Class).
Art. 1 Scope of Application
It is of great importance to PIM that complete transparency is maintained towards all parties and all parties have confidence in the services offered. For this reason the General Standard Terms and Conditions of PIM shall apply as a foundation for all business relations between USERS and PIM. These relate to all offers made to USERS for passenger transports via TALIXO, the arrangement of such services by PIM and any other use of the platform or its services. Any General Standard Terms and Conditions of PROVIDERS or USERS shall only become a part of the contract if their applicability has been expressly agreed upon and PIM has given its written consent thereto.
Art. 2 Subject of the Agreement
Passenger transport services rendered by PROVIDERS to USERS are arranged via TALIXO, the booking platform provided by PIM. PIM enables PROVIDERS to offer their services to USERS on TALIXO. The PROVIDERS post their transport service offer including their qualifications, vehicles, prices and other data relevant to their services on TALIXO, and PIM presents this service offer to the USERS on behalf of and for the account of the PROVIDERS. Via TALIXO by PIM, USERS may search for available vehicles and transport capacities and book them through the said platform. PIM shall act as an agent between the PROVIDER and USER with respect to such passenger transport services. The business relationship established for the purposes of such passenger transport shall only exist between the PROVIDER and USER.
Art. 3 Conclusion of the Contract, Modifications to the Contract
Art. 3.1 Arrangement of Passenger Transport Services Rendered by Taxi Companies
As regards passenger transports by taxi companies in their capacity as PROVIDERS, PIM shall exclusively act as an agent for bookings for such PROVIDERS and shall present the PROVIDERS' service offers on TALIXO on their behalf. USERS search and find suitable transport services on TALIXO and select such services there. PIM then passes on the USERS' requests to the appropriate PROVIDER who is the selected service provider. The USER receives a provisional, non-binding confirmation of reservation from PIM immediately after the enquiry has been completed. The contract for rendering transport services shall not be concluded until the job has been accepted by the PROVIDER. The contract shall be exclusively concluded between the USER and the selected PROVIDER. The conclusion of the said contract shall be documented by way of a binding booking confirmation sent by PIM on behalf of the PROVIDER to the USER. The transport service shall be rendered by the PROVIDER. The transport service shall be accounted for on the basis of the contractual and statutory provisions (e.g. taxi fare) between the PROVIDER and the USER. PIM may be contractually entrusted with the management of the accounts for passenger transport services for the USER in the name and on behalf of the PROVIDER.
Art. 3.2 Arrangement of Passenger Transport Services Rendered by Rental Car Companies
As regards passenger transports by rental car companies in their capacity as PROVIDERS, PIM shall exclusively act as an agent for bookings and present the PROVIDERS' service offers on TALIXO on their behalf. USERS search and find suitable transport services on the PIM platform and select such services there. PIM verifies the availability of the USER's selected booking enquiry. When availability has been confirmed and the transport job has been booked in the PROVIDER's system, the USER shall receive a binding booking confirmation from PIM in the name and on behalf of the selected PROVIDER. The contract for rendering the transport service shall be exclusively concluded between the PROVIDER and USER. The transport service shall be rendered by the PROVIDER. The transport service shall be accounted for based on the contractual provisions between the PROVIDER and the USER. PIM may be contractually entrusted with the management of the accounts for passenger transport services for the USER in the name and on behalf of the PROVIDER.
Art. 4 Prices, Fees and Terms of Payment
(1) The use of the services provided by PIM as part of an "Individual Account" on TALIXO is free of charge. For the use of PIM's services as part of a "Corporate Account" on TALIXO, PIM reserves the right to contractually agree a fixed monthly user fee.
(2) In addition, PIM reserves the right to provide various booking classes with differently priced service standards to USERS in the name of and on behalf of the PROVIDERS.
(3) Three booking classes exist for rental cars (Economy Class, Business Class and First Class) and one booking class for taxis (Taxi). The individual booking classes differ in terms of the vehicle category, waiting time and service provided (particularly regarding drinks, newspapers in the car etc.).
Art. 5 Electronic Payment
(1) PIM uses the system of electronic credit card payment and other electronic methods of payment. PIM works with a reputable provider for electronic payments which manages credit card details and handles payments. PIM does not store the USERS' payment information (see also TALIXO Privacy Statement).
(2) When a booking is made by a USER, PIM authorises the USER's credit card payment with the payment provider who then charges the agreed amount to the USER's account after the USER has completed his/her journey with the relevant PROVIDER. To enable the said charge to the account, the final amount charged shall be authorised by the USER at the end of the trip by PIN or by signature. PIM shall not make the charge to the USER's account without such authorisation.
(3) The amount charged is based on the taximeter price for taxis or the fixed price for rental cars plus any additional charges incurred as a result of any of the aforesaid changes (particularly including route charges, waiting times etc.). However, such changes to the fare shall only be valid if authorised by the USER at the end of the trip.
Art. 6 Rights and Obligations of PIM
Art. 6.1 Provision of Services
Via TALIXO, a USER as a potential passenger for a transport job may make direct contact. In this connection, the PROVIDER's data shall be transmitted to TALIXO for identification purposes after a booking has been made by a USER. In addition to the driver's name (first name and surname), the driver's telephone number, licence number and, if applicable, rating shall also be transmitted. The USER's basic data (particularly the name and telephone number) shall be transmitted before the trip to the PROVIDER and the relevant driver who carries out the job for identification and so that contact can be made if required.
Art. 6.2 Limits of Provision
The services provided by TALIXO shall not include the Internet access required therefor. The USERS shall be personally responsible for maintaining Internet access, the system requirements, configuration and efficiency of their terminal equipment for the use of TALIXO and updating the required software, and shall bear the costs thereof.
Art. 6.3 Debt Collection Management
(1) Due to individual contracts with the PROVIDERS, PIM acquires the ownership of any and all claims against the USER based on transportation services rendered by the PROVIDERS and is entitled to collect the respective payments in its own name and on its own account.
(2) PIM will directly collect the incurred fees based on the fare communicated by the PROVIDER and agreed with the USER, by charging the USER’s credit card (or, as applicable, other payment method) through the payment service provider as per Art. 5. All fees and charges shall include statutory value added tax.
Art. 7 USERS' Rights and Obligations
(1) A USER's registration on TALIXO entitles the USER to utilise the technical resources provided by PIM.
(2) For effective registration, the USER shall provide his/her data as required. This includes, for example, entering the USER's full name, address details and telephone number in the registration screen. These data shall be treated as confidential and shall not be disclosed to any third parties. Further details thereof are laid down in the TALIXO Privacy Statement.
(3) The USER is required at any time to state his/her true and complete personal data subject to the requirements of PIM and to maintain such data and keep them up to date.
(4) In addition, the USER shall use TALIXO in such a manner that no impairment, overload or damage is caused to TALIXO and the purpose pursued by this platform is not jeopardised or bypassed. The USER will not bypass or modify any safety precautions made by TALIXO, neither itself nor through any third parties.
(5) All rights to the software and the services provided on TALIXO shall remain with PIM. USERS shall not copy, modify, reverse-engineer, decompile or distribute the software made available to them.
(6) The USER shall store his/her user name and password in a secure location and shall not disclose them to third parties or enable third parties access to TALIXO. The USER shall be solely responsible for the confidentiality and security of his/her account. The USER shall notify PIM immediately of any unauthorised use by a third party.
(7) The USER undertakes not to bypass PIM when concluding any contracts with the PROVIDERS if they are part of the services arranged by PIM.
(8) A registration with TALIXO for an "Individual Account" may be cancelled by its USER at any time. For "Corporate Account" USERS; a notice period of 2 weeks applies.
(9) The USER shall notify PIM without delay and immediately if the USER is late, the transport job has been cancelled or the driver is late and/or cannot be located.
(10) It is the USER's obligation to check the booking data on the booking confirmation for consistency with the data entered by him/her when making the booking and to immediately report any differences to PIM.
(11) Other parties' personal data which are transmitted or become known to the USER (in particular, drivers' contact data) shall only be processed by him/her subject to and for the purposes of TALIXO and shall not be transmitted to any uninvolved third parties. Any other regulation shall only be effective if consent has been given thereto.
(12) If the USER fails to comply with his/her obligations, PIM is entitled to exclude the USER from individual or all TALIXO functions temporarily or, in the event of severe violations, permanently to prevent misuse of TALIXO.
Art. 8 Rating System
(1) After every trip, the USER is requested to rate the driver and the vehicle. This rating is anonymous and only serves for quality assurance and improvement of customer satisfaction.
(2) The PROVIDER's quality is reflected by a star system for rental car companies. In addition to customer ratings, the star system is also based on other indicators of quality such as the vehicle equipment and accessories.
Art. 9 TALIXO Bonus Programme and Discounts
(1) To thank USERS for their willingness to make advance bookings and for their long-term loyalty to the transport services offers on TALIXO by PIM, it is possible to acquire bonus points from PIM. Depending on the time of day and how long in advance a booking was made, various point scales apply, and additional points may be granted regardless of the time, which are calculated based on the individual booking with a specific PROVIDER. The points are shown when a booking is made on TALIXO.
(2) In addition to points, discounts may also be granted for rental cars, which depend on the time of day and the route/distance.
(3) Redeeming points for discounts: For rental cars, the USER has an option to redeem any points for discounts. The redemption value in each case is based on the booking class and the time of day of the booking.
(4) PIM reserves the right to offer various options to USERS for redeeming their points. In particular, USERS are able to redeem their points for reward products from the TALIXO shop.
(5) When a booking is changed or cancelled, all TALIXO points granted for this booking will be voided.
Art. 10 Liability, Liquidated Damages
(1) With the exception of liability under the product liability act (Produkthaftungsgesetz) and due to any injury to life, limb or health, the liability of PIM shall be restricted or excluded as follows:
In the event of negligence, the liability of PIM shall be restricted to compensation for the typical foreseeable damage. In the event of slight negligence, however, PIM shall only be liable if PIM has breached any duty whose fulfilment is a precondition for the proper performance of the contract and, in particular, for the use of the booking platform in a manner that is commercially appropriate with regard to both parties' interests, and on whose fulfilment the USER may rely.
(2) The aforesaid restrictions shall also apply in favour of PIM's statutory representatives and persons employed by PIM in performing its obligations if any claims are asserted directly against it.
(3) In addition, PIM does not assume any liability for the correctness and completeness of the information transmitted to PIM and forwarded in due time and in unchanged form by PIM or for the timely receipt of such information by the PROVIDER or, as applicable, the USER. PIM shall not be liable for any loss of data by the USER as it is the USER's obligation to ensure regular and proper data back-up.
(4) PIM shall not be liable for any costs arising from any delay on the part of the USER or a third party.
Art. 11 Data Protection
PIM takes data protection very seriously; for this reason data protection is explained in a separate TALIXO Privacy Statement. Please read the TALIXO Privacy Statement.
Art. 12 Miscellaneous
(1) German law shall apply.
(2) In the event of litigation and if the USER and/or PROVIDER is a business or legal entity, Berlin is agreed to be the place of jurisdiction. The same shall apply in the event that the USER's and/or PROVIDER's registered office or habitual residence is relocated out of the territory of application of the German Code of Civil Procedure (Zivilprozessordnung) after conclusion of the contract or is unknown upon commencement of an action.
(3) If these Standard Terms and Conditions fail to cover any item which requires regulation, the statutory provisions or, as applicable, the principles developed on the basis of previous court decisions shall apply in addition. The ineffectiveness of any of the provisions of these Standard Terms and Conditions shall not result in the ineffectiveness of the entire body of regulations.
Art. 13 TALIXO Support
(1) Should any difficulties or problems arise between the USER and the PROVIDER or its driver, the USER is requested to report this situation to PIM by email to email@example.com.
(2) Should the USER experience any problems with the TALIXO software, the TALIXO Support will be available at the email address firstname.lastname@example.org.