FREENOW General Terms of Use for Fleet Operators – Greece

Preamble:

The use of the FREENOW services, as those are defined below, including, but not limited to, the FREENOW Portal for Operators (hereinafter the FREENOW “Portal”) by fleet operators (hereinafter the “Operators” and each an “Operator”) shall be governed by the following general terms of use (the “GTC for Operators”). The Operator acknowledges these GTC for Operators when the Operator first registers with FREENOW and each time they log into their account and access the Portal thereafter, thereby entering into an agreement with FREENOW.

NOTE: Ιn additions to these GTC for Operators, the Operator shall also be bound by the applicable regulations within the scope of the use of the services of FREENOW, in particular by any applicable local laws relating to fleet owners and the commercial exploitation of taxis.

The Operator can view the GTC for Operators on FREENOW´s website.

These GTC for Operators do not govern the use of the FREENOW Driver App. The use of the FREENOW Driver App shall be governed by the General Terms of Use FREENOW Driver App (the “GTC for Users”).

 

1. FREENOW services

(1) FREENOW brings taxi drivers (“Users” and each a “User”) in contact with potential passengers looking for a taxi either directly via the FREENOW passenger App or indirectly via other booking software and/or platform and/or tool of FREENOW (hereinafter: “FREENOW Driver App” or “Driver App”).

(2) FREENOW shall provide the Operator with access to the Portal. Through the Portal, the Operator will be able to access their FREENOW profile, as well as information about the Users and vehicles registered under their name.

(3) FREENOW reserves the right at all times to modify the Portal in a manner that is reasonable for the Operator, for example, in order to enhance the Portal and make qualitative improvements to it.

 

2. General contractual obligations of the taxi Operator

(1) Prior to accessing the Portal per Clause 1(2), the Operator must register with FREENOW, truthfully furnishing their respective data.

(2) Upon registering with FREENOW, the Operator submits the data of the Users that are to make use of FREENOW's intermediation service via the FREENOW Driver App on the Operator’s behalf and herewith confirms to have obtained those taxi drivers’ consents to do so. Moreover, by submitting such data, the Operator authorizes said Users to make use of FREENOW's intermediation services for the Operator’s account in accordance with the GTC for Users. The Operator is hereby responsible for updating the number and names of Users registered with FREENOW under their name, as well as the requested information about all vehicles of their fleet, at any given time. The accounts of the taxi Operator and the User registered under the Operator’s name shall be linked. For the avoidance of doubt, the taxi Operator must comply with the legal requirements concerning the maximum numbers of vehicles/drivers per license and vehicle.

(3) Upon registering with FREENOW the Operator states whether they intend to use the FREENOW services solely as an Operator (i.e., the Operator will not provide transportation services via the FREENOW Driver App) or as a User as well (i.e., the Operator will act simultaneously as a taxi driver, providing transportation services via the FREENOW Driver App). The above statement provided by the Operator upon registration is not binding and may be changed at the Operator’s discretion. Operators intending to also use the FREENOW services as Users must create a second account by registering with the FREENOW Driver App.

(4) The taxi Operator registered with FREENOW as both Operator and User per paragraph (3) of this Clause, shall, in addition to these GTC for Operators, be bound by the GTC for Users to the extent they act in their capacity as User.

 

3. Obligations of the taxi Operator with respect to the processing of payments (cash-payment/ FREENOW-Payment)

(1) The User registered under the Operator’s name is obliged to accept FREENOW Payment as well as any other payment methods prescribed by applicable laws. The choice of payment method is exclusively the passenger’s.

(2) Upon completion of a FREENOW -Payment trip, the taxi Operator (or the taxi driver acting on its behalf, as the case may be) shall obtain confirmation that the passenger is authorized to pay via FREENOW -Payment, if applicable, as well as confirmation of the gross fare and a potential gratuity payable via FREENOW Payment (hereinafter: “Payment Amount”) by having the passenger enter their individual authorization method (for example password or swiping the screen), if required, and thereby agreeing to the Payment Amount and the method of payment. The taxi Operator/ User, as the case may be, is obliged to remit any VAT payable on the fare in accordance with the statutory provisions.

(3) The User/taximeter operator shall issue the receipts to passengers for cash payment and FREENOW Payment trips mediated by FREENOW and as such shall be exclusively responsible for the correctness of the amount indicated on the receipt. In case of incorrect entry of the route value and based on its internal control, FREENOW may proceed to any necessary action in order to remedy the error, after having previously notified the User/ taximeter operator.

(4) FREENOW shall collect, on behalf of Operators and Users, payments made by passengers using the FREENOW Passenger App. The User/ taximeter operator shall be liable for the valid existence of claims against passengers (i.e., the trip took place, the passenger confirmed the payment amount and effected the payment before leaving the taxi etc.).

 

4. Remuneration

 

(1) For every successful intermediation via the FREENOW software, the Operator or the User registered under the Operator’s name, as the case may be, shall pay the agreed fee, the amount of which shall be determined on the basis of the relevant applicable price list published on FREENOW´s website and/or in the Driver App, and shall be calculated on the gross value of the journey, as recorded on the receipt of the taximeter of the vehicle carrying out the transport operation.

(2) FREENOW reserves the right to charge any other fees for the provision of the services by FREENOW and/or to change the currently applicable fees. Operators will be informed of such changes within a reasonable period of time before they become effective and each Operator will have the right to terminate the agreement. If the Operator does not terminate the contractual relationship within the reasonable period of time, the currently amended fees will be considered as accepted.

 

5. Billing and Payment

(1) Billing of the charges relating to the services rendered by FREENOW and the respective set-off shall be effected within fifteen (15) days at the latest.

(2) FREENOW shall set off against the total amount owed by the Operator or the User, as the case may be, pursuant to Clause 4(1) (in addition to any other claims of FREENOW against the Operator and/or the User regardless of any intermediation that became due in this period of time), the amount received on behalf of the User (i.e., the amount paid by passengers to the User for the provision of transportation services via the FREENOW Driver App) in the same settlement period and any other claims of the Operator or User, as the case may be, against FREENOW from remunerations granted by FREENOW in this period of time.

(3) The difference still outstanding after the set-off per paragraph (2) of this Clause, or any other fee due by the taxi Operator or User, as the case may be, shall be payable, without any deductions, within seven (7) days after receipt of the invoice issued by FREENOW per paragraph (4) of this Clause.

(4) In case it is ascertained that, as a consequence of any conduct through which the Operator or the User (as the case may be) seeks, directly or indirectly, to obtain an undue financial benefit from FREENOW or a passenger, and/or an unfair advantage over other Users (a “fraudulent practice”), FREENOW paid to the User a higher benefit than what was due to them, FREENOW reserves the right to adjust accordingly the balance of the Operator or User (as the case may be) and to offset the excess amount with the next payment due to the Operator or User (as the case may be) according to this Clause.

(5) The invoice for the intermediation fee per clause 4(1) shall be sent to the Οperator by email and the Operator hereby agrees to receive the said invoices only by email.

(6) Payment on the part of FREENOW by bank transfer to the account designated by the User vis-à-vis FREENOW (which could also be a third party’s account, if the User and the third party have provided consent that such account can be used for the settlement of payments). If the User provides the bank account of a third party, the taxi operator agrees to maintain FREENOW harmless against any claims made by such third party against FREENOW. A payment by FREENOW to such bank account of a third party releases FREENOW from its obligation to make the payment to the taxi operator. FREENOW does not assume any liability, if a taxi operator chooses to use the bank account of a third party and if such third party does not distribute the payments received from FREENOW to the taxi operator and/or any other third parties, on whose behalf the taxi driver receives money through his account.

(7) Objections to the correctness of the invoice and/or payment per paragraphs (4) and (5) of this Clause respectively shall be made in writing within six weeks after receipt of the invoice and/or payment. Failure to make any objections in due time shall be deemed as acceptance of the invoice and the payment, unless the Operator or User, as the case may be, can prove reasonable grounds that made it impossible to meet the objection period.

(8) In any event, the taxi Operator acknowledges and unconditionally accepts that FREENOW is not liable, otherwise it is exempt from any obligation to repay the outstanding balance (per paragraph (3) of this Clause) to the taxi Operator or User, as the case may be, provided that FREENOW has paid the outstanding balance to the bank account designated by the User per paragraph (5) of this Clause. In particular, following such payment, FREENOW bears nor responsibility for any claims of the taxi Operator against the User and/or any claims of the taxi User against the taxi Operator arising from the relationship between these two.

 

6. Availability

(1) The Operator shall have no claim to the continuous and uninterrupted availability of FREENOW's services, including both the FREENOW intermediation services and the Portal. However, FREENOW shall endeavor to achieve maximum possible availability and to resolve any disruptions as quickly as possible.

(2) Furthermore, FREENOW is entitled to discontinue its services temporarily or permanently, in whole or in part. In this case, FREENOW will inform the taxi Operators in due time via a notice on the website or through any other means, unless there is an urgency in suspending the services that does not allow FREENOW to inform the Operator accordingly.

 

7. Exclusion from Use

(1) The reliability of the Operators availing of the FREENOW services is of great importance for FREENOW. That is why the parties agree that the Operator can be excluded from the use of the FREENOW services, temporarily or permanently, in whole or in part, in case of a material breach (i.e. substantial failures or violations) of legal or contractual obligations.

(2) A material breach includes, but is not limited to, the default of the taxi Οperator or the User, as the case may be, in paying the remuneration foreseen in Clause 3 above.

 

8. Termination of the GTC for Operators

(1) These GTC for Operators are of unlimited duration and both parties are entitled to terminate them at any time by communicating their intention to the other party within a reasonable notice period.

(2) These GTC for Operators shall end automatically without a notice of termination being required if the taxi Operator is no longer authorized to provide transportation with taxis or if FREENOW decides to permanently discontinue its services in whole.

(3) FREENOW is also entitled to terminate these GTC for Operators with respect to parts of FREENOW's services, in particular the services FREENOW-Payment and the Portal, without giving any reason at any time by communicating so to the taxi Operator with a reasonable anticipation to the date when such services will no longer be available.

 

9. Data Protection

(1) For the purposes of registering and using the Portal, the Operator must provide the following information: First name and surname, date of birth, city, country, e-mail address, mobile phone number, information regarding the taxi licenses, Operator and User permit of residence, ID, passport, social security number, tax identification number, including company documents such as SEPA information, document numbers.

(2) FREENOW shall process the personal data of the Operator and its Users in its capacity as data controller for the provision of the FREENOW portal and intermediation services. Nothing herein may be construed in such way as to establish FREENOW as data processor in respect of the Operator.

(3) FREENOW shall process the personal data of the Operator and its Users for the provision of the FREENOW portal and intermediation services as well as for tax related purposes (invoicing/billing) and for the purposes referred to in the FREENOW driver privacy policy, as in force from time to time.

(4) In its capacity as data controller, the Operator guarantees that the processing of Users’ data making use of FREENOW's intermediation service via the FREENOW Driver App on the Operator’s behalf complies with applicable data protection laws and regulations

(5) The Operator guarantees that (i) Users’ data is lawfully collected and transferred to FREENOW; (ii) during the collection of their data, Users receive information, as provided in applicable data protection laws and regulations, both at a general level and specifically with regard to the data transfer and processing under these terms.

(6) The Operator shall be obliged, upon request, to assist FREENOW (a) to apply the principles of Article 5 GDPR in the processing of Users’ data; (b) to adequately address users’ data subject requests; (c) ensure that Users’ data is accurate and, when necessary, updated; (d) to inform Users about any breach of their data; (e) to comply with its orders and decisions of Supervisory Authorities; (f) in general, to demonstrate compliance with applicable data protection laws and regulations.

(7) FREENOW and the Operator, in their capacity as Independent Data Controllers are both obliged to apply all reasonable technical and organizational measures to prevent unauthorized or unlawful processing, accidental loss or destruction, deterioration, unauthorized access, misappropriation, theft, falsification or disclosure etc., of the personal data they process and to make every effort to take all appropriate measures to ensure the confidentiality and protection of all personal data disclosed to them in the context of the present general terms and conditions.

(8) FREENOW bears no responsibility in case of non-compliance of the Operator with its obligations under this article.

 

10. Liability

(1) FREENOW is not liable for the correctness and completeness of any information provided by the Operator while using the Portal.

(2) In accordance with the statutory provisions, FREENOW shall be liable for the damages directly caused by a breach of contract attributable to it, with the exclusion of loss of profits, loss of earnings, loss of sales or business or any indirect damage.

(3) Except in case of intent or gross negligence, FREENOW's liability shall be limited to foreseeable damages or damages that could have been foreseen.

(4) Limitations of liability shall not apply to the extent that FREENOW has acted with intent or gross negligence or guarantees have been given, in the event of culpably caused damage to a person's life, body or health or to claims under the product liability provisions of the Greek Civil Code.

(5) FREENOW will not incur any liability if it ceases to provide services entirely or partially, temporarily or for good.

 

11. Final Provisions

(1) Any contradicting terms or terms deviating from these GTC for Taxi Operators will not be accepted, unless FREENOW expressly approves their applicability in writing. Should any provision of these GTC for Taxi Operators be invalid or unenforceable or should they contain a gap, this shall not affect the validity of the remaining provisions. Instead of the invalid provision or to fill a gap, a provision shall apply that comes closest to the economic purpose of these GTC.

(2) Except for amendments with express consent of the taxi operator, FREENOW reserves the right to amend these GTC for Taxi Operators insofar as this is required and in any manner reasonable for the taxi Οperator

• to eliminate subsequent disruptions in the equivalence of essential contractual obligations,

• to adjust to changed statutory or technical framework conditions, or

• where this is otherwise acceptable for the taxi operator, especially in the case of changes not associated with any disadvantage to the taxi operator.

FREENOW will inform the Operator of any amendment at the last known e-mail address of the Operator and through the Driver App, if the Operator has a Driver App account with FREENOW. The amendment will become part of the contract if the Operator does not raise an objection in written or text form (email or facsimile) within two weeks of receipt of such communication from FREENOW. In any case, if the Operator accesses the Portal and is prompted to accept the new GTC for Operators before accessing the Portal, it will be understood that the Operator is accepting the amendments communicated by FREENOW.

(3) The Operator undertakes not to enter into any transactions or to abstain from transactions that could lead to criminal liability due to fraud, breach of trust, insolvency offences, offences against competition, passive corruption, accepting an advantage, bribery, receiving bribes or similar offences. In case of any violations of the above nature, FREENOW shall be entitled to rescind from or terminate all legal transactions existing with the Operator without notice and to discontinue all transactions. Without prejudice to the above, the Operator is obligated to comply with all laws and regulations pertaining to it and to the business relationship with FREENOW.

(4) The contractual relationships shall be governed by Greek law.

(5) Exclusive venue for any and all legal disputes arising out of or in connection with these GTC for Operators for all parties involved shall be FREENOW's registered seat, unless otherwise provided for by mandatory law.

(6) The Greek version of the contract is legally binding. The English version is a non-binding translation of the Greek text.

(7) In case of issues, questions or problems, please contact FREENOW through the communication channels set out on FREENOW’s website.

 

Last amended: 18 September 2023