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of FREENOW Hellas Single Member Societe Anonyme (in the following “FREENOW”)
Preamble:
The use of the FREENOW services, in particular the FREENOW app for drivers (hereinafter the FREENOW “Driver App”) by taxi drivers (hereinafter the "Users”" and each a “User”) shall be governed by the following general terms of use (“GTC”). The User acknowledges these GTC when they first register or use the FREENOW software and each time they log in to use the FREENOW software thereafter, thereby entering into an agreement with FREENOW.
The User can view the applicable terms and conditions in the Driver App on the User´s end device.
NOTE: The Users shall also be bound by the regulations applicable to them within the scope of use of the services of FREENOW, in particular by any applicable local laws, tariffs and tariff rules relating to transportation by taxi. They may accept transport orders only to the extent and insofar as they are permitted in accordance with the applicable legal provisions.
1. FREENOW services
(1) Before using the FREENOW services, the User must register with FREENOW by providing true and accurate information during the registration (indicatively, first and last name(s), identity card number, special taxi license, telephone number, valid email address, tax receipt of the vehicle’s cash register, 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 FREENOW Privacy Policy for Users. Only then is the User entitled to make use of FREENOW’s software and services on the basis of these GTC and applicable laws.
(2) FREENOW brings Users in contact with potential passengers that are looking for a taxi, either directly (through the FREENOW passenger App) or through FREENOW’s contract Partners (“Contract Partners”), according to the terms and conditions of FREENOW Client Travel service (“FREENOW Client Travel”). Contact is established through the FREENOW Driver App, which FREENOW 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.
(3) FREENOW 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, and for the required software being up to date, at his/her own expense.
(4) Where a passenger hails a taxi via the FREENOW passenger App, or a Contract Partner hails a taxi on behalf of a passenger through the FREENOW booking software, FREENOW forwards the request for a taxi to potential contractual counter-parties of the passenger, i.e. Users using the Driver App. The FREENOW software only provides intermediation and no other service. In particular, the use of the passenger App by the passengers or the use of the FREENOW booking software by Contract Partners on behalf of the passengers and the Driver App does not result in any passenger transportation contract entered into between FREENOW and the passenger. Any claims arising from passenger trips booked through FREENOW will 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 taximeter operator in accordance with statutory provisions.
(5) In addition to the mere intermediation service, FREENOW offers Users the possibility to collect on their behalf the fares owed by individual passengers who use FREENOW’s intermediation services on a non-cash basis via the FREENOW software by electronic direct debit system, by credit card, PayPal or other payment methods (hereinafter collectively: "FREENOW-Payment” or “Pay by App”), provided that the passenger concerned is entitled to use Pay by App. Such option can also be granted, under conditions, in the case of use of the FREE Now Client Travel application by Contract Partners.
2. Availability, change and stoppage of service
(1) The User cannot demand permanent and uninterrupted availability of the FREENOW Driver App. FREENOW will, however, make every effort to achieve the highest level of availability possible and eliminate any outages as soon as possible.
(2) In addition, FREENOW has the right to stop services temporarily or permanently even without informing the Users individually. Nevertheless, FREENOW will inform the Users before any such cessation of the service through the website, the Driver App or through other means, unless there is an urgency in suspending the services that does not allow FREENOW to inform the Users accordingly.
(3) FREENOW reserves the right at all times to modify the Driver App in a manner that is reasonable for the User, for example, in order to enhance the Driver App and make qualitative improvements to it.
3. General obligations of the Users
(1) Prior to using the FREENOW Driver App, the Users must register or be registered with FREENOW, truthfully furnishing their respective data. The User is always obliged to provide his/her personal data truthfully and completely and in compliance with the respective requirements of FREENOW and to maintain and update such data.
(2) The User shall keep their username and password safe and shall not disclose them to third parties or provide them with access to the FREENOW Driver App. The User shall be solely responsible for the confidentiality and security of his/her account. He/she must inform FREENOW immediately if a third party uses his/her account without authorization. In particular, the User is obligated to inform FREENOW of any loss, theft or misuse of his/her password or smartphone or other End Device on which he/she uses the Driver App, or any other unauthorized use of his/her user account, password or other personal identification features. If the User suspects that any of the above has happened or comes to know of the same, he/she must immediately notify FREENOW 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 FREENOW Driver App if they are in possession of all required permits, licenses and authorisations for the provision of taxi transportation services or legitimately works for the owner of such licenses and fulfills and complies with all statutory requirements for taxi traffic (including, but not limited to, that the User has the right to operate the vehicle used, that such vehicle meets all safety standards and that the taxi operator/taxi driver has valid insurance to cover the vehicle and the taxi transportation services), not only at the time of registering but for the entire time of the contract. A driver working for a taxi operator must ensure that the taxi operator accepts the use of the FREENOW Driver App.
Any change in the permits, licenses and authorizations must be communicated to FREENOW without undue delay.
(4) The End-Device required for using the FREENOW Driver App shall be safely mounted in the taxi 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 tours offered by FREENOW. However, any obligation under applicable laws which may require the taxi driver to accept a tour remains unaffected.
(6) The User shall update the status of the respective taxi (free or occupied) in the activated Driver App as only the status “free” will allow the User of the Driver App to receive “instant hail” offers, also known as “ad hoc” offers or offers in advance (see section 3.B for Advance Reservations).
3.A. Special obligations of the User with respect to the processing of payments (cash-payment/ FREENOW-Payment)
(1) The User is obliged to accept FREENOW-Payment as well as any other payment methods prescribed by applicable laws.
Upon completion of a FREENOW-Payment trip, the User is informed through the application that the passenger or the Contract Partner has selected to pay via FREENOW-Payment, as well as confirmation of the gross fare and a potential gratuity or extra charge payable via FREENOW-Payment (hereinafter: "Payment Amount"). The User is obliged to remit any VAT payable on the fare in accordance with the statutory provisions. In addition, it is also possible to change the method of payment from cash to card and the opposite, if the passenger requests it. The choice of payment method is exclusively the passenger’s or the Contract Partner’s, as the case may be.
In case of request from the passenger to change the payment method from cash to FREENOW-Payment, then, in addition to the above, the User is obliged to submit the change in the Driver App and then, the passenger has to choose the type of FREE-NOW payment and confirm the transaction through their app. The User will need to follow this procedure until they receive a success or failure message from the application. In case of failure to modify the payment method from cash to FREENOW Payment, the User is obliged to receive the corresponding amount due from the passenger in cash before the latter’s disembarkation from the taxi.
(2) The User/taximeter operator shall issue the receipts to passengers for cash payment and FREENOW-Payment trips mediated by FREENOW.
(3) The User/taximeter operator is fully responsible for the correct entry of the route value and FREENOW is not responsible in case of incorrect entry of the route value (overcharging, wrong typing etc.). 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.
3.Β. Special obligations of the User in the case of advance reservations
(1) FREENOW passengers or Contract Partners on behalf of the passengers may make an advance reservation for transportation by a driver via FREENOW (hereinafter: "Advance Reservation"). FREENOW will forward the taxi order placed as an Advance Reservation by a FREENOW passenger or by a Contract Partner on behalf of a passenger to the Users. By accepting the Advance Reservation, the User shall be bound to performing the transport order in accordance with the passenger's reservation.
(2) The User shall be free to accept an Advance Reservation. However, once they have confirmed acceptance of the Advance Reservation of a FREENOW passenger or of a Contract Partner on behalf of a passenger, the User is obliged to duly carry out the Advance Reservation in accordance with the reservation, i.e. to pick up the FREENOW passenger at the agreed place at the agreed time and to transport the passenger to the desired destination. If the User cancels or fails to carry out an Advance Reservation, FREENOW is not liable, in the event that third parties, in particular FREENOW passengers making Advance Reservations, assert claims, on the grounds that the User cancelled a previously accepted Advance Reservation, did not carry out the trip reserved in advance at all or did not arrive on time.
4. Remuneration
(1) For every successful intermediation via the FREENOW software, either between the User and the passenger directly, or between the User and the Contract Partner, the User shall pay the agreed intermediation fee, the amount of which shall be determined on the basis of the relevant applicable price list published on FREENOW´s website: https://www.free-now.com/gr/politiki-chreoseon/
(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. The Users will be informed of such changes within a reasonable period of time and pursuant to 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 the reasonable period of time, the currently applicable fees will be deemed accepted.
5. FREENOW Benefits
FREENOW may periodically provide benefits to Users (e.g., rewards), specifying the period of time and the conditions under which they are available, at its sole discretion. Users shall be informed of the existence of such benefits by means of a push notification via the FREENOW App for Drivers, or by any other appropriate means. FREENOW may discontinue any existing benefits, at its sole discretion.
6. 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 User (pursuant to Section 4 (1) plus any other claims of FREENOW against the User regardless of any intermediation that became due in this period of time), the amount received on behalf of the User in the same settlement period and any other claims of the User against FREENOW from any benefits granted by FREENOW in this period of time (including the benefits referred to in Clause 5 above)
(3) The difference still outstanding after this set-off or any other fee due by the User shall be payable without any deductions within seven (7) days after the conclusion of the invoicing cycle.
(4) Users shall be informed by e-mail, at the e-mail addresses they have provided to FREENOW, and through the Driver App about the issued invoices and/or the amounts due (to be invoiced) as per Section 6 (1) – (3).
(5) Once the relevant electronic payment transaction is cleared (i.e. debiting the passenger’s bank account that is linked to their card through the FREENOW application for the payment due pursuant to Section 3.A above) by the credit institution that acts as an intermediary by law for such transactions, the User’s balance is updated with the relevant amount, which the Driver can check at any time in the relevant section of their FREENOW application. The User shall receive this balance following clearances as per Section 6 (1) – (3) above, after deduction of the commission owed to FREENOW by the User.
The bank account details provided to FREENOW by the User for the payment of the amount due (the “designated account”) are true, correct and related to a bank account whose beneficiary (or co-beneficiary) is the User, or to a third party linked to the User through an employment relationship and/or bearing in general an obligation to pay or having any other legal relationship with the User (at the User’s option). The User also declares that they have been granted a special mandate, permission and authorization by any such third party for both the payment of the outstanding balance to that bank account and the set-off of the commission of FREENOW. FREENOW neither checks nor is required to check the bank account details provided by the Users and relies on their above statements to fulfill its obligations for the payment of the outstanding balance.
In any event, the User acknowledges and unconditionally accepts that FREENOW is not liable, otherwise it is exempt from any obligation to repay the outstanding balance to the User, provided that it has paid the outstanding balance to the bank account designated by the User as per above.
(6) 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 legally regulated fare plus any statutory surcharges (indicatively: direct or pre-agreed advance reservation, surcharge for each piece of luggage over 10 kg, surcharge for trips to and from the airport, etc.). They must also provide true and accurate information to FREENOW to issue the legal document for the provision of service for the commission it receives.
(7) For any charges (bank or other) for FREENOW-Payment/ Pay by App and for the payment of the balance to the bank account designated by the User we refer to the following link: https://www.free-now.com/gr/politiki-chreoseon/
7. Criteria of FREENOW Client Travel rides
(1) FREENOW is entitled to set, at its sole discretion, specific conditions for Users, the fulfillment of which will allow the respective User to make use of FREENOW’s intermediation service, which brings him/her in contact with potential passengers looking for a taxi through the Contract Partners. The applicable conditions for the use of this service are available in the following link: [www.free-now.com/gr/pelateiakes-diadromes-isxuouses-proupotheseis/]
(2) FREENOW reserves the right to unilaterally and at any time amend the eligibility conditions for Users to use the FREENOW Client Travel service, after having communicated such amendments to the User within a reasonable period of time, before they become effective.
(3) FREENOW will use any suitable means to check the fulfillment of the above conditions and the User accepts that in case he/she does not meet the eligibility conditions set by FREENOW, from time to time, for Users to use FREENOW Client Travel service, he/she will not be able to use such service and FREENOW will not bear any liability.
8. Software
(1) The User shall use the Driver App so as not to impair, overload or damage it and not to jeopardize or bypass the intended purpose of the Driver App. The User shall neither personally nor through third parties bypass or modify the security precautions of the Driver App.
(2) All rights related to the Driver App shall remain with FREENOW. The FREENOW Driver App provided to the User must not be copied, modified, reverse engineered, decompiled and/or distributed.
9. Responsibility for content
(1) In case FREENOW permits its Users to publish content in the FREENOW Driver App, on the websites or other media operated or hosted by FREENOW, the publishing User shall be solely responsible for such published content. The User is obligated to observe all laws and statutes in accordance with accepted principles of morality and the required objectivity.
(2) FREENOW shall be entitled to remove any published material that violates the above rules.
10. Tracking, third-party information
(1) For the provision of the aforementioned services, the current location of the passenger looking for a taxi either through the passenger App or through a Contract Partner and the User using the Driver App at the respective time are tracked, provided that the tracking function has been activated.
(2) The User may 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.
11. Rating system
(1) The passengers that use the FREENOW passenger App may rate the User’s services during their transportation (driver and vehicle). In addition, the User can rate the passengers that use the FREENOW passenger App.
(2) For details regarding the rating system, Users are referred to the applicable Privacy Policy for Drivers.
12. Liability
(1) FREENOW 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 FREENOW’s services.
(2) If the User incurs damages through the use of the FREENOW Driver App, FREENOW will 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 FREENOW Driver App, FREENOW shall be liable only if this damage is caused through intent or gross negligence.
(3) For simple negligence, FREENOW shall be liable only for violation of an essential contractual obligation and only for typical, foreseeable damages. Essential contractual obligations are those, the satisfaction of which enables the proper performance of the contract and on the compliance of which the User is as a rule entitled to rely on.
(4) Limitations of liability shall not apply when contrary to the applicable legislation.
(5) If the Driver App or the sending of data impairs or damages the User’s hardware or software, FREENOW will be liable only if this was caused by intent or gross negligence of FREENOW. FREENOW will not be liable for loss of the User’s data since it is the latter’s responsibility to ensure that data is backed up.
(6) FREENOW's liability for services provided by a User or for the suitability, lawfulness of conduct, legal capacity of the passengers is excluded since FREENOW is only an intermediary for the transaction.
(7) FREENOW will not incur any liability if it ceases to provide services entirely or partially, temporarily or permanently.
(8) No liability will be incurred for third-party contents and links to third-party websites on FREENOW’s website or in the FREENOW Driver App or other software and apps of FREENOW.
(9) If the User is responsible for an infringement of rights of third parties, the User shall indemnify FREENOW against any liability vis-à-vis third parties as well as against the costs for an appropriate legal defense. The User is obliged, if third parties assert any claims against FREENOW on grounds of the User's infringement of rights, to immediately provide FREENOW 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 in particular Section 3. (2) above), and if FREENOW incurs a loss as a result of this violation of duty of care, FREENOW explicitly reserves the right to assert damages against the User. If FREENOW receives a Stop Notice from the User, FREENOW will bear any damages incurred due to use of the User’s blocked user account.
13. Exclusion from use and termination
(1) The reliability of the taxi drivers availing of the FREENOW services is of great importance for FREENOW. That is why the parties agree that the User 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 (in particular in the event of non-payment by the User) and/ or when FREENOW becomes aware, at its discretion, that the activities and behaviour of the User, including but not limited to fraudulent practices of the User, may have damaged or may damage third parties or FREENOW.
(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 FREENOW or a passenger, and/or an unfair advantage over other Users. Such conduct of the User is judged 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 FREENOW. In this case FREENOW 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 FREENOW, 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, FREENOW is entitled, in addition to any other measures, to withhold the commission from the ride in accordance with Clause 4 of these GTC.
(2A) In case it is ascertained that, as a consequence of 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 User and to offset the excess amount with the next payment due to the User according to Clauses 5 and 6 of these GTC.
(3) Contracts concluded under these GTC are of unlimited duration and both parties are entitled to terminate the contract at any time by providing the other a reasonable termination notice. In any case, FREENOW 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 agreement is automatically terminated without a notice of termination being required if the User is not authorized or licensed any longer to provide transportation with taxis or if FREENOW decided to permanently discontinue its services.
(5) FREENOW reserves the right to set the User’s account to “inactive”, (a) if the User has not provided any transportation services via FREENOW for at least three months, (b) if the User’s average rating drops below 4.00 stars, and (c) if the User’s ride acceptance rate drops below 20% of the User’s total ride requests. Before rendering the User’s account “inactive” for any of the reasons mentioned in 13.(5)(a) – (c), FREENOW shall inform the User without undue delay by email or message with a statement of reasons for that decision. After FREENOW renders the User's account "inactive", the User will not be able to receive any booking requests any more. The User can request to have his account re-opened.
14. Final provisions
(1) Any contradicting terms or terms deviating from these GTC will not be accepted, unless FREENOW expressly approves their applicability in writing (e.g. through 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. Instead of the invalid provision or for the fulfillment of the gap, a provision shall apply that comes closest to the economic purpose of these GTC.
(2) The exclusive venue for any and all legal disputes arising out of or in connection with this agreement for all parties involved shall be FREENOW's registered seat, unless otherwise provided for by mandatory 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 Users and FREENOW.
(5) Except for amendments with express consent of the User, FREENOW reserves the right to amend these GTC insofar as this is required and in any manner reasonable for the User
FREENOW will inform the User of any imminent amendment, before such amendment becomes effective, at the last known e-mail address of the User or through the Driver App. The amendment will become part of the contract if the User does not raise an objection in written or text form (email or facsimile as indicated in the Driver Service) within two weeks of receipt of such communication from FREENOW. In any case, if User accepts a taxi ride through the Driver App and is prompted to accept the new GTC before accepting the taxi ride, it will be understood that the User is accepting the amendments communicated by FREENOW.
In the case that the User objects to the above, he/she 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 Greek text.
(7) In case of any issues, questions or problems, please contact FREENOW through the Driver Service. The contact details will be available through the Driver App or on the website.
Last revised: September 18, 2023
The Orbit,
Λεωφόρος Κηφισίας 115,
Αθήνα 11524
* Our offices are available only
for drivers upon appointment.
