General Terms and Conditions for the drivers of the FREENOW XL (Public licensed) service

of FREE NOW HELLAS Single-Member Société Anonyme

(hereinafter referred to as "FREE NOW")

Preamble:

The FREENOW XL (Public licensed) service is operated solely by seven to nine (7-9) seat special-hiring passenger vehicles for public use without a taximeter. The rides operated under this service are subject to a fare agreed in advance between the driver and the passenger. FREE NOW provides intermediation services only and is not involved in the provision of transport services, the latter including the determination of the fare. 

The use of the FREE NOW services, in particular the FREE NOW app for drivers (hereinafter the “FREE NOW Driver App”) by the drivers of the FREENOW XL (Public licensed) service (hereinafter the “Users” and each of them the “User”) shall be governed by the following general terms and conditions (“GTC”). The User acknowledges these GTCs when they first register or use the FREE NOW software and each time they log in to use the FREE NOW software thereafter, thereby entering into an agreement with FREE NOW.

The User can view the applicable terms and conditions in the FREE NOW Driver App on the User´s end device. 

NOTE: The Users shall also be bound by any regulations applicable to them within the scope of use of the services of FREE NOW, in particular by any applicable local laws, tariffs and tariff rules relating to transportation by special-hiring passenger vehicles for public use (hereinafter “PL Special-Hiring Vehicle(s)”). They may accept transport orders only to the extent and insofar as they are permitted in accordance with the applicable legal provisions.

 

1. FREE NOW services

(1) Before using the FREE NOW services, the User must register with FREE NOW by providing true and accurate information during registration (indicatively, first and last name(s), identity card number, special license for a PL Special-Hiring Vehicle, telephone number, valid email address, bank account, billing details of the vehicle owner, and professional vehicle registration card of the User) and choose a secure password. For more information on how we collect and process your personal data, we refer to the FREE NOW Privacy Policy for Users. Only then is the User entitled to make use of FREE NOW’s software and services on the basis of these GTC and applicable laws.

(2) FREE NOW brings Users in contact with potential passengers that are looking for a PL Special-Hiring Vehicle through FREE NOW’s contract partners (“Contract Partners” and each of them “Contract Partner”), according to the terms and conditions of the FREE NOW Client Travel service (“FREE NOW Client Travel”). Contact is established through the FREE NOW Driver App, which FREE NOW provides to the User for this purpose for web-enabled mobile end-devices, in particular smartphones, computers, or tablet PCs (hereinafter "End-Devices") in accordance with these GTC. Rides with PL Special-Hiring Vehicles are operated from the premises of each Contract Partner’s business to the Attica basin and vice versa.

(3) FREE NOW services do not include the required Internet use. The User is solely responsible for Internet access, technical requirements, and the configuration and capability of the End-Device for using the Driver App, as well as for the required software being up to date, at their own expense. 

(4) When a Contract Partner hails a PL Special-Hiring Vehicle on behalf of a passenger through the FREE NOW booking software, FREE NOW forwards the request for said vehicle to potential contractual counterparties of the passenger, i.e., Users using the FREE NOW Driver App. The FREE NOW software provides only intermediation and no other service. In particular, the use of the FREE NOW booking software by Contract Partners on behalf of the passengers and of the FREE NOW Driver App does not result in any passenger transportation contract entered into between FREE NOW and the passenger. Any claims arising from passenger rides booked through FREE NOW shall pertain exclusively to the relationship between the User and the passenger. The billing for the transportation service will in principle be solely between the passenger and the User in accordance with statutory provisions. 

(5) To complete the booking, FREE NOW will notify the User via the FREE NOW Driver App of the booking details (passenger’s full name, date and time of the ride, passenger’s pick-up and drop-off location). 

 

2. Availability, change and stoppage of service 

(1) The User cannot demand permanent and uninterrupted availability of the FREE NOW Driver App. FREE NOW will, however, make every effort to achieve the highest level of availability possible and eliminate any outages as soon as possible. 

(2) In addition, FREE NOW has the right to stop services temporarily or permanently even without informing the Users individually. Nevertheless, FREE NOW will inform the Users before any such stoppage of service through the website, the FREE NOW Driver App or through other means, unless there is an urgency in suspending the services that does not allow FREE NOW to inform the Users accordingly. 

(3) FREE NOW reserves the right at all times to modify the FREE NOW Driver App in a manner that is reasonable for the User, for example, in order to enhance the FREE NOW Driver App and make qualitative improvements to it.

 

3. General obligations of the Users

(1) Prior to using the FREE NOW Driver App, Users shall register or be registered with FREE NOW, truthfully providing their respective data. The User is always obliged to provide their personal data truthfully and in full, and in compliance with the respective requirements of FREE NOW and to maintain and update such data. 

(2) The User shall keep their username and password safe and shall not disclose them to any third parties or provide them with access to the FREE NOW Driver App. The User shall be solely responsible for the confidentiality and security of their account. The User must inform FREE NOW immediately if a third party uses their account without authorization. In particular, the User must inform FREE NOW of any loss, theft or misuse of their password or smartphone or other End-Device on which they use the FREE NOW Driver App, or of any other unauthorized use of their user account, password, or other personal identification features. If the User suspects or becomes aware that any of the above has happened, they must immediately notify FREE NOW using the contact details provided in the imprint: https://www.free-now.com/gr-en/imprint/ (hereinafter “Stop Notice”).

(3)  The User may only use the FREE NOW Driver App if they are in possession of all required permits, licenses and authorizations for the provision of PL Special-Hiring Vehicle transport services or legitimately works for the owner of such licenses and fulfills and complies with all statutory requirements for the operation of PL Special-Hiring Vehicles (including, but not limited to, the User's right to operate the vehicle used, the compliance of such vehicle with all safety standards and the possession by the owner of the PL Special-Hiring Vehicle/User –in case of a different person– of valid insurance to cover the vehicle and passenger transport services), not only at the time of registration but throughout the contract. Any User working for an owner of PL Special-Hiring Vehicles must ensure that such owner accepts the use of the FREE NOW Driver App. 

Any change in the permits, licenses and authorizations must be communicated to FREE NOW without undue delay. 

(4)  The End-Device required for using the FREE NOW Driver App shall be safely mounted in the PL Special-Hiring Vehicle while rendering passenger transportation services. The requirements of the applicable local road traffic regulations shall be complied with while using the respective End-Device. 

(5) The User is not obliged to accept any rides offered by FREE NOW. However, any obligation under applicable laws which may require the PL Special-Hiring Vehicle driver to accept a ride remains unaffected. 

(6) The User shall update the status of the respective PL Special-Hiring Vehicle (free or occupied) in the activated FREE NOW Driver App as only the status “free” will allow the User to receive booking requests.

 

3A. Special obligations of the User 

(1) The User must accept any payment method provided for by applicable laws. Upon completion of each ride, the User receives the pre-agreed fare, either in cash or by card. This fare is proposed by the User, communicated to the passenger by the Contract Partner, and accepted by the passenger. The agreed fare shall be valid for the indicated route marked on the map or its best alternative. The User is obliged to remit any VAT payable on the fare in accordance with the statutory provisions.

(2) The User/owner of the PL Special-Hiring Vehicle –in case of a different person– shall issue a receipt or invoice to passengers for cash or card rides for which FREE NOW has mediated.

(3) If the User cancels or fails to fulfill a booking, they will be deprived of the possibility of receiving booking requests for a period of twenty-four (24) hours. In case of cancellation or non-fulfilment of a booking, FREE NOW is not responsible for any claims raised by any third party, particularly any FREE NOW passengers who made bookings through a Contract Partner, on the grounds that the PL Special-Hiring Vehicle driver canceled an accepted booking, did not carry out a ride at all or did not arrive on time.

 

4. Remuneration

(1) For every successful intermediation via the FREE NOW software between the User and the Contract Partner, the User shall pay to FREE NOW the agreed intermediation fee, the amount of which shall be determined on the basis of the relevant applicable price list published on FREE NOW´s website: https://www.free-now.com/gr/politiki-chreoseon/ 

(2) In the event that the User collects the pre-agreed fare in cash, the above intermediation fee shall be paid to FREE NOW by bank deposit within seven (7) days of the ride. In the event that the intermediation fee owed by the User exceeds the amount of fifty (50) euros, the failure of the User to pay it by the deadline will result in the temporary deactivation of the User's account, as described in detail in Term 10 paragraph 5 of these GTC.

(3) FREE NOW reserves the right to change its currently applicable intermediation fee. Users will be informed of such changes within a reasonable period of time and in accordance with the applicable legislation before they become effective, and the User will have the right to terminate the relationship. If the User does not terminate the contractual relationship within a reasonable period of time, the then applicable intermediation fee will be deemed accepted. 

 

5. Billing and Payment

(1) The billing of the charges relating to the services provided by FREE NOW and the respective set-off shall take place within fifteen (15) days at the latest.

(2) Users shall be informed by email, at the e-mail addresses they have provided to FREE NOW, and through the FREE NOW Driver App about the issued invoices and/or the amounts due (to be invoiced) as per Term 5 (1). 

(3) Each User bears the full and sole responsibility for complying with their tax obligations as well as for issuing the legal documents to the passenger who paid the fare agreed in advance between the User and the passenger. They must also provide true and accurate information to FREE NOW for the issuance of the legal document for the provision of services for the intermediation fee they receive.  

 

6. Software 

(1) The User shall use the FREE NOW Driver App so as not to impair, overload or damage it and not to jeopardize or bypass the intended purpose of the FREE NOW Driver App. The User shall neither personally nor through any third parties bypass or modify the security precautions of the FREE NOW Driver App. 

(2) FREE NOW reserves all rights to the FREE NOW Driver App. The FREE NOW Driver App provided to the User must not be copied, modified, reverse engineered, decompiled and/or distributed. 

 

7. Responsibility for content

(1) In case FREE NOW permits its Users to publish content in the FREE NOW Driver App, on the websites or other media operated or hosted by FREE NOW, the publishing User shall be solely responsible for such published content. The User must comply with all laws and statutes in accordance with accepted principles of morality and the required impartiality. 

(2) FREE NOW is entitled to remove any published material that violates the above rules. 

 

8. Tracking, third-party information 

(1) For the provision of the aforementioned services, the current location of the passenger looking for a PL Special-Hiring Vehicle through a Contract Partner and of the User using the FREE NOW Driver App at the respective time are tracked, provided that the tracking function has been activated. 

(2) The User must not store, use or otherwise process the personal data of any other party involved, for any other purposes than those of performance of the services under these GTC. Neither may the User transfer any personal data to uninvolved third parties unless the other party involved has given its consent or there is a legal obligation to do so. 

 

9. Liability 

(1) FREE NOW will not be liable for the correctness and completeness of any information provided by the User and/or the passenger and/or the Contract Partner (e.g., pick-up address, passenger’s full name) while using FREE NOW’s services.

(2) If the User incurs damages through the use of the FREE NOW Driver App, FREE NOW shall be liable only in case of intent and/or gross negligence. In particular, if the damage is due to incorrect or incomplete information, delays in sending information, or unavailability/malfunctioning of the FREE NOW Driver App, FREE NOW shall be liable only if this damage is caused by intent or gross negligence.

(3) As for simple negligence, FREE NOW shall be liable only for violation of any essential contractual obligation and only for typical, foreseeable damages. Essential contractual obligations are those, the fulfillment of which allows the proper performance of the contract and on the adherence to which the User is entitled to rely. 

(4) Limitations of liability shall not apply where they are contrary to a statutory provision.

(5) If the FREE NOW Driver App or the transmission of data impairs or damages the User’s hardware or software, FREE NOW shall be liable only if such damage was caused by FREE NOW’s intent or gross negligence. FREE NOW shall not be liable for the loss of the User’s data since it is the latter’s responsibility to ensure that their data is backed up.

(6) FREE NOW shall not be liable for the services provided by a User or for the suitability, lawfulness of conduct, or legal capacity of the passengers since FREE NOW is only an intermediary for the transaction.

(7) FREE NOW will not incur any liability if it ceases to provide services entirely or partially, temporarily or permanently.

(8) FREE NOW shall not be responsible for any third-party content and links to third-party websites which appear on FREE NOW’s website or in the FREE NOW Driver App or in other FREE NOW software and apps. 

(9) If the User is responsible for the infringement of third-party rights, the User shall indemnify FREE NOW against any liability vis-à-vis third parties as well as against the costs for an appropriate legal defense. If any third party raises claims against FREE NOW on the grounds of infringement of rights by the User, the User must immediately provide FREE NOW with all relevant information to the extent that this is required for review and defense purposes. 

(10) If the User culpably violates their obligation to take due care in safeguarding and protecting their username, password, or other personal identification feature from unauthorized third-party access, as described in these GTC (see Term 3 par. (2) above), and if FREE NOW incurs a loss as a result of such violation of duty of care, FREE NOW explicitly reserves the right to claim compensation from the User. If FREE NOW receives a Stop Notice from the User, FREE NOW will bear any damages incurred due to use of the User’s blocked user account.

(11) FREE NOW shall not be liable to the User in the event of a booking cancellation by the Contract Partner on behalf of the passenger or the passenger’s failure to appear at the agreed pick-up location, nor shall any related claim for compensation arise against FREE NOW. 

10. Exclusion from use and termination

(1) The reliability of the PL Special-Hiring Vehicle drivers who use the FREE NOW services is of great importance to FREE NOW. For this reason, the parties agree that the User can be excluded from the use of the FREE NOW 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 (in particular in the event of non-payment by the User)  and/ or when FREE NOW becomes aware, at its discretion, that the User’s activities and behaviour, including but not limited to fraudulent practices of the User, may have damaged or may damage third parties or FREE NOW. 

(2) For the purposes of paragraph (1) of this Clause, "fraudulent practice" is considered any conduct through which the User seeks, directly or indirectly, to obtain an undue financial benefit from FREE NOW or a passenger, and/or an unfair advantage over other Users. Such conduct of the User is assessed in accordance with these GTC, good faith and business ethics, and includes, but is not limited to, making fictitious trips, abusive cancellation of trips, overcharging passengers, and concealing profits from FREE NOW. In this case, FREE NOW is entitled, regardless of the measures provided for in the above paragraph, to take any necessary action to compensate the damage suffered by the passenger and/or FREE NOW, after having notified the User in any way FREENOW deems appropriate (e.g., sending an email, message, or telephone call). Especially in the case of carrying out fictitious rides, FREE NOW is entitled, in addition to any other measures, to withhold the commission from the ride in accordance with Term 4 of these GTC.

(3) Contracts concluded under these GTC are of indefinite duration and both parties are entitled to terminate the contract at any time by providing the other with a reasonable termination notice. In any case, FREE NOW is entitled to terminate the contract with the User in case of a material breach by the User as described under (1) and (2) above.

(4) The contract shall terminate automatically, without requiring a termination notice, if the User is no longer authorized or licensed to provide transportation with PL Special-Hiring Vehicles or if FREE NOW decides to permanently discontinue its services. 

(5) FREE NOW reserves the right to render the User’s account “inactive”, (a) if the User has not provided any transportation services via FREE NOW for at least three months, (b) if the User’s ride acceptance rate drops below 20% of the User’s total ride requests, (c) if the User’s average rating drops below four (4.00) stars, and (d) if the User fails to pay to FREE NOW in due time the intermediation fee, provided that such fee exceeds the amount of fifty (50) euros (see Term 4 par. 2 of these GTC). Before rendering the User’s account “inactive” for any of the reasons mentioned in 10.(5)(a) – (d), FREE NOW shall inform the User without undue delay by email or message with a statement of reasons for that decision. After FREE NOW renders the User's account "inactive", the User will no longer be able to receive any booking requests. The User can request to have their account reactivated. In case of repeated violation of this Term for any of the reasons set out in 10.(5)(a) – (d), FREE NOW reserves the right to permanently deactivate the User's account. The burden of proof of such repeated violation shall be borne by FREE NOW.

11. Final provisions 

(1) Any contradictory terms or terms deviating from these GTC will not be accepted, unless FREE NOW expressly approves their applicability in writing (e.g., by email). Should any provision of these GTC be invalid or unenforceable or should they contain a gap, this shall not affect the validity of the remaining provisions. In place of the invalid provision or to fill the gap, the provision that comes closest to the economic purpose of these GTC will apply.

(2) The exclusive place of jurisdiction for all legal disputes arising out of or in connection with this contract for all parties involved shall be FREE NOW's registered seat, unless otherwise provided for by mandatory rule of law.

(3) The contractual relationship shall be governed by Greek law, with the exclusion of its conflict of laws rules.

(4) The Presidential Decree 131/2003 for the services for the information society and e-commerce applies to the relationship between the Users and FREE NOW. 

(5) Except for the amendments made with the express consent of the User, FREE NOW reserves the right to amend these GTC insofar as this is required and in any reasonable manner for the User:

• to eliminate subsequent disruptions in the equivalence of essential contractual obligations, 
• to adapt these GTC to changing statutory or technical framework conditions, or
• where this is otherwise acceptable for the User, especially in the case of changes not associated with any adverse effect on the User. 

FREE NOW will inform the User of any imminent amendment, before such amendment becomes effective, at the last known email address of the User or through the FREE NOW Driver App. Any such amendment will become part of the contract if the User does not raise an objection in writing or in text form (email or facsimile as indicated in the FREE NOW Driver App) within fifteen (15) days of receipt of such communication from FREE NOW. In any case, if the User accepts a PL Special-Hiring Vehicle ride through the FREE NOW Driver App and is asked to accept the new GTC before accepting said ride, the User will be deemed to accept the amendments communicated by FREE NOW.

In the case that the User objects to the above, they will have the right to terminate the legal relationship within the above-mentioned deadline.

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

(7) In case of any issues, questions, or problems, please contact FREE NOW through the Driver Service. The contact details will be available through the FREE NOW Driver App or on the FREE NOW website.  

 

Published: September, 18 2023