General terms and conditions for FREENOW Client travel

1. Subject matter

 1.1 FREE NOW Hellas S.A., provides intermediary services for booking mobility services such as taxi rides under the brand “FREE NOW”. 

The present general terms and conditions apply to bookings made via the "FREE NOW platform", via personalized online links set up for the users of the intermediary services described therein (hereinafter referred to as "Contract Partners"  or by means of a different agreed upon booking solution (hereinafter referred to jointly as "FREE NOW booking software"). The Contract Partner is hereby declaring that it is prepared to use the FREE NOW booking software as a booking system for transportation rides and possesses the required means, such as any necessary terminal access point installation to obtain access to the personalized online link in the FREE NOW booking software.

1.2 The use of the FREE NOW booking software requires an Internet connection with sufficient bandwidth. The Internet access of the Contract Partner is not part of these terms and conditions. The Contract Partner is solely responsible for the functionality of its Internet connection, including the transfer channels and its own IT infrastructure/hardware.

 

2. Obligations of the Contract Partner

2.1 Use of the Booking Service

The Contract Partner undertakes to use and make available the FREE NOW booking software at its business location and to use the FREE NOW booking software for the booking of rides and, as the case may be, any subsequent services as a matter of preference. The Contract Partner shall undertake to encourage its employees to use the provided FREE NOW booking software for the booking of mobility services, where possible.

2.2 Use of the equipment

The use of the FREE NOW booking software does not require the provision of any special equipment by FREE NOW. Any provision of equipment, such as terminal devices (i.e. tablets) will take place via a specific agreement, entered into between the Contract Partner and FREE NOW.

2.3 Employee briefing

The Contract Partner undertakes to inform its employees who will be assigned with the operation and use of the FREE NOW booking software on behalf of the Contract Partner, about such operation and use, in accordance with the written instructions provided by FREE NOW.

2.4   Notifications to passengers

Each time, a customer and/or visitor and/or any other natural person (hereinafter the “passenger”) submits a request to the Contract Partner (its representative and/or employee), for the hailing of a taxi to carry out such passenger’s ride, the Contract Partner undertakes the obligation to either (i) send a relevant notification to FREE NOW through the booking software indicated by FREE NOW or (ii) notify FREE NOW in any other way the latter may determine.

In this regard, prior to such notification of FREE NOW, the Contract Partner undertakes to inform potential passengers regarding any applicable pre-booking fee, which will be included in the total fee to be paid by the passenger upon completion of the ride. Any applicable pre-booking fee as well as any amendments thereof will be communicated to the Contract Partner by FREE NOW in a timely manner and will also be published in the following link: https://www.free-now.com/gr/politiki-chreoseon/.

Also, following the above notification of FREE NOW, the Contract Partner undertakes the obligation to inform the passengers that, if they intend to do so, they can provide the Contract Partner with their full name and their mobile phone number in order to  receive a personal message with the details of the taxi driver (full name, mobile number and license plate) that will carry out such ride, in compliance with the provisions of clause 6 below.

3. Term / termination

These terms and conditions shall enter into force upon the Contract Partner receiving, via electronic form, the personalized link, for the access and use of the FREE NOW booking software, or upon registration by the Contract Partner to the FREE NOW platform, as the case may be, and shall be concluded for an indefinite period. The agreement can be terminated by both parties by giving notice of thirty (30) days.

FREE NOW may terminate this agreement at any time if the Contract Partner is in breach of its contractual obligations undertaken by these terms and conditions.

 

4. Confidentiality

The parties are obliged to sensitively treat the data, information and documents (hereinafter "sensitive information"), such as booking numbers in particular of which they become aware in the course of the co-operation. Also, the Contract Partner is obliged to sensitively treat the personalized online link it receives by FREE NOW, according to clause 2.1 above. Unless otherwise expressly agreed in these terms and conditions, the disclosure of all sensitive information which becomes known in the course of these terms and conditions or the use of such sensitive information for third parties shall require the prior written consent of the other party. Affiliated companies are not defined as third parties. The parties shall also impose the non-disclosure obligations they have entered into on all persons or companies who are entrusted with information or services by the parties under these terms and conditions. The sensitive treatment obligation shall not apply to (i) ideas, concepts, know-how, techniques and information which (a) were already known to the parties or (b) become known to the parties outside of the co-operation under these terms and conditions and (ii) to data, information and documents which (a) are generally accessible or (b) are intended for publication or (c) or where the respective party is subject to a publication obligation in accordance with statutory regulations.

5. Liability, applicability of other terms and conditions of business

5.1 Being an intermediary of mobility services, FREE NOW shall only incur liability for the provision of the intermediary services provided by it under these terms and conditions. In particular, FREE NOW does not provide any transportation services and shall therefore not incur liability for damage caused during transportation. Within the framework of the provision of intermediary services, FREE NOW’s liability shall not be limited:

- in case of intent or gross negligence

- in case of injury to life, body or health

5.2 In case of a simply negligent breach of an  obligation which is essential for the attainment of the contractual purpose (cardinal obligation), the liability of FREE NOW shall be limited to losses which are foreseeable and typical according to the type of transaction at hand.

5.3 Liability for loss of data is limited to the typical cost of restoration which would have been incurred in case of the creation of regular backup copies which correspond to the risks involved.

5.4 Any further liability on the part of FREE NOW shall be excluded. In particular, FREE NOW shall not incur liability for loss of commission due to errors or misuse of the FREE NOW booking software, technical system breakdowns, network breakdowns or service downtime.

5.5 The limitation of liability above shall also apply to the personal liability of the employees, representatives and agents of FREE NOW.

5.6 The Contract Partner cannot demand permanent and uninterrupted availability of the services, for example, if there is no Internet connection. Neither will FREE NOW vouch that a taxi will be available at all times to be procured. FREE NOW will, however, make every effort to achieve the highest level of availability possible and eliminate outages as soon as possible.

5.7. The Contract Partner shall at all times procure that the communications provided under clause 2.4. will be performed. Repetitive failure of such obligations by the Contract Partner, shall be deemed as a breach of these terms and conditions by the latter, entitling FREE NOW to immediately terminate these terms and conditions.

FREE NOW shall in no way be held liable if the Contract Partner fails to perform any obligations undertaken under this clause.

 

6. Data protection

6.1 The parties shall be obliged to comply with the respectively applicable statutory provisions relating to data protection.

6.2 Under the present general terms and conditions of FREE NOW Client Travel service, FREE NOW acts as the data controller of the respective passenger’s personal data. The  parties  are  in  agreement   that  the Contract Partner is also a data controller under the  applicable  data  protection  law  in  relation  to  the lawfulness of    the   data   relating   to   passengers   or employees which is transferred to FREE NOW in the course of the use of the FREE NOW booking software. Therefore, the relationship created between FREE NOW and the Contract Partner is that of Independent Controllers. Nothing herein is intended to construe either Party as a data processor in respect of the passengers personal data.

6.3. For the purposes of FREE NOW’s Client Travel service, FREE NOW will further share the Drivers Personal Data with the potential passengers through a personalized message. Specifically, Free Now for the purposes of B2B Client Travel services will share with any potential passenger: the driver's full name, mobile number and license plate information.

6.4 FREE NOW and the Contract Partner under 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.

6.5. FREE NOW and the Contract Partner expressly declare that: a) they are aware of the applicable legislation for the protection of personal data, including but not limited to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (GDPR), as well as all directives, decisions, guidelines and regulations of the Hellenic Data Protection Authority, which govern the legal collection and processing of personal data and b) fully undertake their obligations arising from the applicable legislation for protection of personal data, with regard to the storage, management and processing of all collected personal data and of all those that may become aware of them in the context of their cooperation and c) the collection, storage and processing of personal data will always be in full compliance with applicable laws, regulations and obligations imposed by the applicable legislation on the protection of the individual from the processing of personal data.

6.6. In order to successfully intermediate a ride for the respective passenger concerned via the FREE NOW booking software, it may be required to enter their room number or other identifier within the booking process. Furthermore, if applicable, the Contract Partner will be provided with the option of also stating the name and/or telephone number of the passenger during the booking process in addition to the identifier number. To this extent, the Contract Partner is solely responsible for obtaining any necessary consent  from the passenger or ensuring that there is another valid legal basis for the entry of his or her name and/or telephone number.

7. Compliance

The Contractual Partner 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 violation, competition law violations, economic sanctions violations, active and passive corruption, accepting an advantage, bribery, receiving bribes or similar offenses by staff of the Contractual Partner or other third-parties. In case of any violations of the above nature, FREE NOW is entitled to rescind from or terminate all legal transactions existing with the Contract Partner without notice and to discontinue all transactions. Without prejudice to the above, the contractual partner is obligated to comply with all laws and regulations pertaining to it and to the business relationship with FREE NOW. 

8. Closing provisions

8.1 Amendments and additions to these terms and conditions shall require written form to take effect. This shall also apply to any alteration or annulment of this written form clause. 

8.2 Should any individual provisions of these terms and conditions be or become ineffective or should these terms and conditions contain a loophole, the validity of the remaining clauses or the Contract as a whole shall not be affected thereby. The ineffective provision shall be replaced and the loophole shall be filled in such a way that the intended economic purpose of these terms and conditions is attained as best as possible.

8.3 Greek law is applicable to these terms and conditions and to any disputes arising in connection therewith. Exclusive place of jurisdiction is Athens. The English terms are a translation. In case of doubt, the Greek version shall prevail.

As of: April 4, 2023