Valid from 11 April 2024. For Term & Conditions valid until 10 April 2024, see here.
1.Definitions
1.1. "Booking" is a confirmed Booking Request.
1.2. "Booking Request" is a request submitted to FREENOW via the FREENOW Platform for the purchase of Passenger Transportation Services and/or Mobility Services.
1.3. “Booking Services” means the features and functions of the App around the arranging and reservation and purchasing of Passenger Transportation Services and/or Mobility Services, and as further explained in section 5 below.
1.4. "Business Account" means a user account offered by FREENOW for business customers, which enables booking of business trips arranged by FREENOW.
1.5. "Driver" is an authorised person, licensed in accordance with applicable legislation (such as the Local Government (Miscellaneous Provisions) Act 1976, the Private Hire Vehicles (London) Act 1998, London Cab Order 1934, and any regulations, rules, requirements and policies (including those from time to time stipulated by TfL) relevant to the operation of private hire vehicles, each as amended, extended or re-enacted from time to time), and registered with FREENOW as a driver of a Taxi or PHV (as the case may be) who is the driver for the User's Taxi Trip or PHV Trip (respectively).
1.6. "Extended Network" means the network of Third Party Platforms and/or Mobility Partners that FREENOW uses to provide trips via Taxis or PHV where FREENOW does not have a Taxi Driver or PHV Driver available.
1.7. "FREENOW App" or "App" means the app operated by FREENOW and made available for download on to certain mobile and electronic portable devices, such as in particular smartphones and tablet PCs, for the arrangement of Passenger Transportation Services provided by Ride or Taxi Drivers and Mobility Services provided by Mobility Partners.
1.8. “FREENOW Platform” means a combination of the App, our website, and the Services as provided by our technology platform.
1.9. "FREENOW" "us" "we" or "our" means Transopco UK Ltd, trading as FREENOW, registered in England and Wales, with company number 11435887 and registered office at Harling House, Great Suffolk Street, London SE1 0BS, UK. Our registered VAT number is 314 6835 03.
1.10. "GTC" are these General Terms and Conditions of FREENOW for use of the FREENOW Platform.
1.11. "Mobility Services" means any mobility services, available via the FREENOW Platform, which may include vehicle rental (including e-scooter and e-bikes), public transportation or trips provided by the Extended Network, but does. not include Taxi Trips or PHV Trips.
1.12. "Mobility Partners" are providers of Mobility Services that are arranged via the FREENOW Platform.
1.13. "Passenger Transportation Services" are Taxi Trips provided by a Taxi Driver to the User and PHV Trips provided by the PHV Driver to FREENOW and by FREENOW to the User.
1.14. "PHV" are Private Hire Vehicles (PHVs) including a range of licensed vehicles such as minicabs, executive cars, limousines and chauffeur services.
1.15. "PHV Driver" is a Driver of a PHV.
1.16. "PHV Trips" are trips (other than trips which provided by the Extended Network) bought in by FREENOW, which FREENOW resells to the User. The User contracts with FREENOW, and transportation of the User is carried out by a PHV Driver.
1.17. "Services" means the services offered by FREENOW in relation to the Passenger Transportation Services and Mobility Services, as described in these GTC.
1.18. "Taxi" means taxis referred to in legislation, regulation and common language as 'hackney carriages', 'black cabs' and 'cabs'. The term 'taxi' is used throughout these GTC and refers to all such vehicles.
1.19. "Taxi Driver" is a Driver of a Taxi.
1.20. "Taxi Trips" are trips (other than trips which are provided by the Extended Network) provided by Taxi Drivers to Users, which are supplied by the Taxi Driver to the User directly. The User contracts with the Taxi Driver, and transportation of the User is carried out by a Taxi Driver.
1.21. "Users", "you" or "your" are persons who have registered with FREENOW for the use of the FREENOW Platform and the Services, including the "Pay-by-App" service.
2. Scope of Application
2.1. These GTC apply to Users of the FREENOW Platform and all Services offered by FREENOW.
2.2. When the User registers to use the FREENOW App, the User must agree to these GTC in order to successfully register with and use the FREENOW App. A copy of these GTC is located on FREENOW's website and within the FREENOW App.
2.3. Any contractual terms and conditions of use of the User shall not apply to the contractual relationship between FREENOW and the Users, even if FREENOW does not expressly object to them.
2.4. If special contractual conditions apply to the service requested by the User, FREENOW will separately inform the User of the applicability of the special contractual conditions and obtain the User's consent to these special contractual conditions.
2.5. FREENOW reserves the right to amend these GTC. FREENOW will inform the User of any changes in a timely manner by email and/or notification in the FREENOW Platform. The User has the option to agree to the validity of the amended GTC or to object to within four weeks of notification. If the User does not exercise their right to object within this four week period, the User will be deemed to have given consent to the amended GTC. In the notification of the amended GTC, FREENOW will inform the User of their right to object and that consent will be deemed given if they fail to do so within four weeks. If the User exercises their right to object to the notified changes, they will no longer be able to access and use the FREENOW Platform and Services from the end of the four week notification period, and the User’s account will be deactivated.
3. Subject matter of the contract
3.1. The services of FREENOW consist of arranging Passenger Transportation Services and Mobility Services via the FREENOW Platform or a Third Party Platform.
3.2. FREENOW has the right to change the specifics of the Services at any time, for example in order to further develop and improve quality, or to partially or completely discontinue individual Services. Information about such changes or discontinuation of a Service will be provided in reasonable time beforehand via the website https://www.free-now.com/uk/ and/or in the FREENOW Platform.
3.3. The User can also arrange business Trips via the FREENOW Platform, provided that the User's account is linked to a Business Account. Any use of any aspect of the FREENOW Platform and/or Services derived from it, that are related to a Business Account shall be subject to the Terms and Conditions for Business Accounts available here, which shall prevail in the event of any conflict between the the Terms and Conditions for Business Accounts and these GTC. The User must not arrange private Trips as business Trips. FREENOW does not verify the purpose of arranged Trips and does not accept any liability for the consequences and costs of private Trips untruthfully identified by the User as business Trips. When arranging a business Trip, personal data of the User will be transmitted to the respective Business Account Holder for the purposes of administering the Business Account and providing the Services. This includes, the User's full name and email address, the date and time, the start and end point of the Trip and the fare and any fees incurred. More detailed information on this can be found in FREENOW’s Privacy Policy.
3.4 Services that are not covered by the scope of the Business Account are undertaken by the User at their own expense. If the User exceeds a mobility budget approved by the Business Account Holder, payment shall be made by a means of payment provided by the User.
4. Use of the FREENOW Platform
4.1. The use of the FREENOW Platform requires the User to register with FREENOW and create a user account by providing their first and last name, email address, telephone number and an individual password.
4.2. The User must keep their login information safe and must not disclose it to third parties or allow them to access the FREENOW Platform. The User is solely responsible for the confidentiality and security of their login information. The User shall immediately notify FREENOW in writing via this form of any suspected or actual unauthorised use by third parties of the User's account or login information.
4.3. The User must ensure that all information provided in relation to the use of the FREENOW Platform is true, accurate and complete. The User must keep all such information up to date.
4.4. The User must ensure at the User’s own expense that the technical requirements necessary for the use of the FREENOW Platform or Third Party Platform are available on the end device. This includes in particular with respect to the configuration and performance of the end device, ensuring the required software (e.g. operating system) is up-to-date, and access to the Internet or mobile data service.
4.5. The User shall use the FREENOW Platform in such a way that the FREENOW Platform is not impaired, overloaded or damaged and that the purpose of the FREENOW Platform is neither jeopardised nor circumvented. The User shall not circumvent or modify any security measures of the FREENOW Platform, either themselves or through third parties.
4.6. FREENOW expressly reserves the right to block the User's user account and/or the Pay-by-App function completely or temporarily if objective reasons in connection with the security of a User account justify this, or if unauthorised or fraudulent use of the User account is suspected.
4.7. The User is obliged to secure the data stored by them via the FREENOW Platform in another way (i.e. via a medium other than the FREENOW Platform). FREENOW does not accept any liability for a loss of the User's data stored in the FREENOW Platform, unless the loss is the fault of FREENOW. FREENOW recommends that the User backs up any content and data used in connection with the FREENOW Platform.
4.8. The User may not create more than one account. Additional and/or duplicate accounts per User are not permitted. FREENOW reserves the right to deactivate any accounts deemed or suspected to be additional or duplicate accounts. Once registered, the User as the named user, is solely responsible for the use of their account. The User may not allow other persons, whether or not they are also registered users, to use their account.
4.9. The User must be at least 18 years of age in order to sign up to and use the FREENOW Platform. Minors are not permitted to create or have an account, nor to use any Passenger Transportation Services without the express consent of, and being accompanied by, an adult.
4.10. If the User should at any time be accompanied by any other person while using any of the Passenger Transportation Services, including occasions where the User is accompanied by someone under the age of 18 (a "Minor"), the User shall take full responsibility for the actions, and where applicable, the proper supervision of those other persons and/or Minors, and the User shall be fully liable for those other persons and/or Minors’ adherence to these GTC as if those other persons and/or Minors were themselves registered users.
4.11. The User agrees to comply with all applicable laws when using the FREENOW Platform or a Third Party Platform. Any use of the FREENOW Platform shall only be for legitimate purposes. Whenever using any part of the FREENOW Platform or a Third Party Platform the User agrees that they:
4.11.1. are not permitted to transport or cause the transportation of any illegal or dangerous goods, and will not participate in any other illegal conduct;
4.11.2. will not cause disturbance, discomfort, inconvenience or material damage to any vehicles or other users of the FREENOW Platform;
4.11.3. may be asked to provide evidence of identification; and
4.11.4. accept that they may be denied access to and/or use of the FREENOW Platform or a Third Party Platform (including any Services offered and/or access through them) for reasons set out in these GTC.
5. Booking Services
5.1. When the User uses the App or a Third Party Platform they will have access to the Booking Services. These may be used to obtain Passenger Transportation Services and Mobility Services, subject at all times to these GTC.
5.2. In providing the Booking Services to the User in respect of Passenger Transportation Services, FREENOW is responsible (subject at all times to Driver availability) for:
5.2.1. receiving and accepting Booking Requests submitted by the User. This is not a formal legal acceptance of an offer to provide the User with Passenger Transportation Services but a notification that FREENOW has received and accepted the User’s Booking Request;
5.2.2. identifying a suitable Driver to provide the User with a Taxi Trip, or to provide the User a PHV Trip which FREENOW will purchase and resell to the User, at which stage legal acceptance of an offer to provide the User with Passenger Transportation Services takes place; and
5.2.3. keeping a record of the User’s Bookings/Trips.
5.3. In respect of Taxi Trips, FREENOW provides the Booking Service only and not the Taxi Trip itself. When submitting a Booking Request for a Taxi Trip, the User authorises FREENOW to connect them with a potential Driver. Subject to Driver availability, a Driver will be connected to the User based on various factors including but not limited to the User’s location, the location of the Driver, the estimated pick-up time, the destination, the estimated time of reaching the User’s destination and FREENOW’s need to provide business-wide, operationally efficient Passenger Transportation Services. When accepting a Booking Request for a PHV Trip, FREENOW agrees to arrange to buy the PHV Trip applying these same factors, and sell it to the User.
6. Passenger Transportation Services and Mobility Services
6.1. This section provides information about the Services FREENOW provides through the FREENOW Platform or via a third party platform ("Third Party Platforms"). If the User books Services via a Third Party Platform, these GTC shall apply to the User's use of the Services to the extent relevant to the Services. The User will also be subject to the Third Party Platform's terms and conditions. To the extent the User uses a Third Party Platform within the scope of a Business Account, the User does so at their own risk.
6.2. The performance of the Taxi Trips and Mobility Services is an independent service that is not provided by FREENOW, but by independent Taxi Drivers or Mobility Partners respectively.
6.3. Certain of the Services may be provided by the Extended Network. Where a Service is provided by the Extended Network (including the booking ofTaxis and PHVs) that service will be a Mobility Service provided by a Mobility Partner (and not a Taxi Trip or PHV Trip). The FREENOW Platform will specify before booking hen a SErvice is to be provided by the Extended Network.
6.4. There is an important contractual difference between PHV Trips and Taxi Trips:
6.4.1. For PHV Trips, FREENOW (as principal) has a direct contract with the User for the provision of the PHV Trip.
6.4.2. For Taxi Trips, FREENOW acts as an intermediary between the User and the Taxi Driver. FREENOW is not a party to the contract between the User and the Taxi Driver in any way, including in respect of the Taxi Ride. In respect of any Taxi Trips the User makes, FREENOW acts as an agent of the Taxi Driver. FREENOW does not provide Taxi Trips to the User directly.
6.5. FREENOW accepts no liability for the performance of the Taxi Trips and the Mobility Services. The Taxi Drivers and the Mobility Partners are solely responsible for the provision of the Taxi Trips and the Mobility Services in accordance with the User’s separate contract with the Taxi Driver or Mobility Partner respectively.
6.6. FREENOW is responsible for receiving and dealing with any queries or complaints which the User may have in relation to PHV Trips. FREENOW is happy to do the same in the case of Taxi Trips although, since the Taxi Driver is providing the User with the Taxi Trip directly and FREENOW is acting as agent, the User may wish to raise any queries or complaints directly with the Taxi Driver. For Mobility Services, FREENOW merely acts as an intermediary between Users and Mobility Partners.
6.7. The terms and conditions of the Taxi Drivers, the Mobility Partners, or the Extended Network, which are available here, shall apply to Taxi Trips or the use of the Mobility Services or the Extended Network respectively. These will be made available to the User prior to the booking and a corresponding consent will be obtained from the User. The Privacy Policy of the respective Taxi Driver, Mobility Partner, or Extended Network will also be made known to the User prior to the booking of the Taxi Trip, Mobility Service, or Extended Network Trip. The User is also responsible for complying with applicable legal and regulatory provisions in force (e.g. valid driving licence for certain Mobility Services).
Passenger Transportation Services
6.8. When a Booking Request is made, details of the requested journey will be transmitted to available Drivers, who will have the option to accept or reject the Booking Request. In the event that a Driver decides not to accept this offer, the
User’s information will be passed on to another Driver (and so on if that Driver also decides not to accept the offer) until a Driver confirms the offer. At the point that a Driver confirms the offer, Driver Allocation has taken place
6.9. The User will be informed about the acceptance of their Booking Request by a Taxi Driver or PHV Driver in the FREENOW App or on the Third Party Platform. As soon as a Booking Request has been accepted by a Driver, the User's current location is tracked and transmitted to the Driver along with their data (user name and phone number) for identification by the Driver. The User also has the option of contacting the Driver directly. Please see our Privacy Policy for more information in respect of how Users' data is shared through the use of any of the Services.
6.10. Provided FREENOW has used reasonable care and skill and acted with professional diligence, FREENOW provides no guarantees as to the following:
6.10.1. the availability of any Drivers at any given time;
6.10.2. that the User’s Booking/Booking Request will be accepted; and/or
6.10.3. that the drop-off point of the User’s Trip will be the same as the drop-off point requested in their Booking Request.
6.11. From time to time, FREENOW may need to amend or cancel an existing Booking, and/or create a new one. There are several reasons why FREENOW may need to do this, including (without limitation) those listed below:
6.11.1. a Driver informs FREENOW that they wish the Booking to be cancelled due to an incident or emergency;
6.11.2. a Driver informs FREENOW that they have waited at the pick-up location for longer than the wait time limit applicable and they do not proceed to wait beyond this time. The User may consult here for more information in relation to the wait time limits and when a Cancellation Fee is applicable; and/or
6.11.3. a Driver is not available to provide the PHV Trip/the Taxi Trip (see section 6.10.1. above).
6.12. FREENOW will notify the User through the App or through the Third Party Platform where FREENOW does cancel any Booking. If a Booking is cancelled and the User still requires Passenger Transportation Services, the Driver Allocation process will be restarted. If a Driver becomes unavailable or cancels a Booking after Driver Allocation, FREENOW will endeavour to find the User another driver for their Booking. FREENOW cannot guarantee that an alternative Driver will be found. When an alternative Driver cannot be found, FREENOW reserves the right to cancel the Booking.
6.13. If the User has any concerns regarding the behaviour of any Drivers, they can report this to FREENOW via the App or email using the details set out in section 16.1.
6.14. From time to time, a vehicle may display branding other than in respect of the FREENOW brand.
Mobility Services
6.15. Depending on the nature of the Mobility Service, the Mobility Partner may require that certain additional information and/or documents (such as a driving licence, proof of identity etc.) be provided in order to proceed with the reservation of the Mobility Service. The User must provide the requested information and ensure that it is complete and accurate, and also update it in the event of any changes. FREENOW may offer the User a validation of said additional information and/or documents, which the User is free to use or not. The User determines at their discretion the type of validation proposed. The validation takes place in the App. It may be carried out by FREENOW or by a third party designated by FREENOW for this purpose. A successful validation will be stored in the User’s account. However, FREENOW has the right to carry out a new validation procedure at a later date. Likewise, any change in the conditions required to book and/or use a Mobility Service may result in the application of a new validation procedure for the documents and/or information provided.
6.16. Provided FREENOW has used reasonable care and skill and acted with professional diligence, FREENOW provides no guarantees as to the availability of any Mobility Services.
6.17. FREENOW reserves the right not to forward the reservation of a Mobility Service by the User to the Mobility Partner if FREENOW has a legitimate reason to believe that the User will not behave in accordance with the applicable terms and conditions or if it appears to FREENOW that the User does not meet the minimum criteria required by the Mobility Partner or by FREENOW for such a reservation of the Mobility Service.
6.18. Mobility Partners are solely responsible for the Mobility Services they offer via the FREENOW Platform. The User acknowledges and accepts that some Services, or portions of them, may be made available under other brands or by other FREENOW affiliates or subsidiaries, or by Partners, as for the Mobility Services.
7. Loyalty Programs
7.1. At FREENOW's discretion it may from time to time introduce and/or offer certain loyalty, promotion and/or User reward schemes. Such schemes may also be withdrawn in accordance with their terms. Please check the App and/or FREENOW’s website for updates.
8. Remuneration and Payment
8.1. The costs of Passenger Transport Services are displayed clearly within the App or Third Party Platform.
8.2. In addition, the fees charged by FREENOW for the Services are set out in the Fee Policy
8.3. FREENOW is entitled to change the Fee Policy at any time. The User will be informed of the planned change at least four (4) weeks before the new Fee Policy comes into effect and given the opportunity to object, following the same process set out in section 2.5. Further information on the Fee Policy can be found in the FAQ on the Fee Schedule.
Passenger Transportation Services
8.4. Unless stated otherwise, all sums arising from any Trips taken by the User are due and payable upon completion of their Trip.
8.5. When using the App or a Third Party Platform for Passenger Transportation Services, prior to submitting a Booking Request, the User will be provided with an estimate for the cost of their Trip (the "Fare Estimate"), which if applicable, will include any of the following: Operating Fee, Service Fee, High Demand Fee, Airport Charge and/or Central London Fee (as set out in FREENOW's Fee Policy here). When calculating the Fare Estimate, FREENOW relies on the information provided by the User through the App or a Third Party Platform. While FREENOW aims for the Fare Estimate to reflect what the cost of the User's Trip will be (the "Fare"), the final cost to the User is subject to change and may be outside of the Fare Estimate.
8.6. In the case of a PHV Trip, FREENOW reserves the right to re-adjust the Fare where the actual distance or the duration for the PHV Trip change significantly (the "Fare Adjustment"). Please see the Help Centre section of the App here or Third Party Platform for more detail on how the Fare Adjustment works.
8.7. FREENOW shall not be responsible for providing an inaccurate Fare Estimate in circumstances where the User provides incomplete or incorrect information. The User agrees to be responsible for the payment of the Fare and/or any sums payable as a result of their use of any Passenger Transportation Services, including the payment of sums where the final amount charged to the User is higher than the original Fare Estimate (including for example, changes to the User's Trip in accordance with these GTC).
8.8. Following completion of each Trip, the User has the option to provide a tip / gratuity to the Driver. Should the User wish to pay a tip, the App provides a tool for the User to do so securely.
8.9. If during the course of the Trip, the User asks the Driver to change the destination or ask the Driver to change their route in any way, for example, by asking the Driver to make an unscheduled stop, pick-up or drop-off, the original Fare Estimate provided to the User within the App or Third Party Platform shall no longer be valid. The App and/or Third Party Platform will notify the User of the change of destination and of the new Fare Estimate, based on the changes to the User's Trip.
8.10. For PHV Trips, FREENOW will itself charge the User the Fare at the time of Booking. For Taxi Trips, FREENOW will charge the User the Fare, as agent on behalf of Taxi Drivers, following completion of any Taxi Trips. FREENOW, or the applicable Third Party Platform, will charge the User all other amounts due in respect of the Passenger Transportation Services, such as any Cancellation Fee or Waiting Fee (PHV Trips only), when applicable, as soon as reasonably practicable for us to do so, based on when the relevant amount can be determined.
8.11. If the User thinks they have been billed incorrectly, they should contact FREENOW promptly using this form.
Mobility Services
8.12. The fees for Mobility Services are based on the fee provisions of the Mobility Partner. These shall be displayed to the User in the FREENOW App prior to making a Booking Request.
8.13. Where a journey is to be provided by the Extended Network, the same fees set out in the Fee Policy relating to Taxi and PHV journeys shall apply as though the journey was being provided by a Taxi Driver or a PHV driver directly via the FREENOW Platform
Legal Information Relating to Payment for Taxi Trips Only
8.14. Whenever the User chooses to pay any sums due by Pay-by-App in respect of Taxi Trips, the Driver will assign their payment claim against the User, to FREENOW, under a contract between FREENOW and the Driver. By accepting these GTC, the User confirms their agreement to such future contractual assignment of any payment claims. Once FREENOW has received the User's payment for any particular Trip, this payment will settle the claim for the Taxi Trip, such claim having been assigned to FREENOW by the Driver.
8.15. FREENOW is not a provider of payment services for the User or for any Driver. Instead it facilitates the collection by Drivers of any assigned claims in FREENOW’s own name(s) and for FREENOW’s own account(s).
Legal Information Relating to Payment for Mobility Services Only
8.16. Whenever the User chooses to pay any sums due by Pay-by-App in respect of Mobility Services, the Mobility Partner will assign their payment claim against the User, to FREENOW, under a contract between FREENOW and the Mobility Partner. By accepting these GTC, the User confirms their agreement to such future contractual assignment of any payment claims. Once FREENOW has received the User's payment for a Mobility Service, this payment will settle the claim for the Mobility Service used, such claim having been assigned to FREENOW by the Mobility Partner.
8.17. FREENOW is not a provider of payment services for the User or for any Mobility Partner. Instead it facilitates the collection by Mobility Partners of any assigned claims in FREENOW’s own name(s) and for FREENOW’s own account(s).
9. Conditions for Pay-by-App
9.1. In order to use the Pay-by-App function, the User must select at least one of the payment methods offered (e.g. credit card or PayPal) in the FREENOW App and enter the corresponding information. The selected payment methods can be changed, adjusted or deleted by the User in the FREENOW App at any time. In addition, the User can choose directly during the payment process which of the stored means of payment is to be used for the respective payment process.
9.2. By using Pay-by-App, the User agrees that FREENOW will debit the means of payment selected by them during the payment process, such as credit card or PayPal, in the amount of the fee to be paid by them to FREENOW after completion of the Service, plus a tip freely chosen by them, if applicable, as well as any other fees incurred (see section 8) upon completion of the Service. In addition, the User acknowledges and agrees that:
9.2.1. the User may be requested to provide additional authentication of their identity ("Strong Customer Authentication") when adding a payment method within the framework of booking a Service;
9.2.2. this authentication may be carried out via various methods (e.g. one-time password, password for logging into the FREENOW Platform, biometric authentication), depending on the User's agreements in this regard with their bank, payment service provider and/or credit card issuer (e.g. Visa, Mastercard, American Express);
9.2.3. FREENOW reserves the right to require such authentication via the website of the User's bank, payment service provider or credit card issuer for security reasons;
9.2.4. FREENOW further reserves the right during this authentication process to transmit additional payment-related information about the User to the bank, the respective payment service provider or credit card issuer.
9.3. In addition, FREENOW reserves the right to debit the payment means or account selected during a payment transaction at any time when a claim is due without additional authentication of the User. The terms of this section 9.3 on user authentication serve to inform the User with regard to the processing of payments via the FREENOW App. FREENOW shall not itself bear any responsibility towards the User for the application, non-application, delay or failure of the Pay-by-App function, provided FREENOW has used reasonable care and skill and acted with professional diligence. The provisions of this section shall in no way affect the User's payment obligations to FREENOW under these GTC.
9.4. If the User selects PayPal as the payment method, they shall pay the final amount selected by them during the payment process to FREENOW, without disclosing their bank/card details to FREENOW. In this case, an automatic direct debit or card payment shall take place exclusively between the User and PayPal. According to PayPal's Terms of Use, the User may incur separate fees when using the PayPal service. In order to be able to use the PayPal payment service to pay for Services, the User must set up a PayPal account with PayPal and confirm the PayPal payment to FREENOW when making the payment.
9.5. The User (with the exception of payment in the vehicle, which can be made either in cash or by credit or debit card, depending on availability) will be sent a receipt with regard to the Passenger Transportation Services or the Mobility Services by means of an email to the email address they have registered with FREENOW. In case of payment in the vehicle, the Driver shall issue a receipt to the User upon request. Should the User require such a receipt at a later date, FREENOW shall issue such a receipt to the User on behalf of the Driver upon request.
9.6. FREENOW expressly reserves the right to no longer offer certain payment methods in individual cases, for example where FREENOW has objective reasons to suspect a User is not creditworthy.
9.7. FREENOW accepts no liability whatsoever for the processing of the cashless payment by the respective payment service provider. In the event of incorrect or erroneous transactions, the User must contact the respective payment service provider.
9.8. In principle, payment for a Passenger Transportation Service or Mobility Service is possible via the Pay-by-App function in all vehicles used by the respective Drivers and when booking Mobility Services. If it is not possible for FREENOW to collect the accrued fee for the respective Passenger Transportation Service or the Mobility Service itself from the User via the means of payment selected by the User, the User shall pay the fee to FREENOW without undue delay, but no later than within five (5) days from when it became due. For this purpose, the User will be shown the fee incurred for the respective Passenger Transportation Service or the Mobility Service with a corresponding notice in the FREENOW App. If the User does not pay the fee within the specified period, FREENOW will collect the outstanding amount via another payment method registered by the User after informing the User accordingly.
9.9. At the time of adding a new payment method (e.g. credit card) for the Pay-by-App function or at the time of booking, FREENOW reserves the right to reserve a low amount in advance and for validation purposes ("Pre-Authorisation"). Pre-Authorisation does not debit the User's bank or card account. It is not possible to deposit a payment method if the Pre-Authorisation fails. Pre-Authorisation is performed even if the Booking Request was unsuccessful or the Service has been cancelled. In case of Pre-Authorisation, the available balance will be temporarily blocked, for the respective payment method and in the amount of the Pre-Authorisation for up to ten (10) business days. In addition, FREENOW may request a Pre-Authorisation from the User's payment method selected by default or on a case-by-case basis in the amount of the anticipated fare or the fare determined on a case-by-case basis, including any applicable fees and any tip selected in advance for the Service. This amount will not be debited from the User's bank or card account at the time of booking, but will only be reserved for FREENOW.
9.10. If FREENOW makes use of the Pre-Authorisation, the User will be informed of the details of the Pre-Authorisation by a push notification via the FREENOW App before the booking is completed. A subsequent change (i.e. during or at the end of the Service) to the payment method selected at the beginning of the Service is not possible, if Pre-Authorisation has been done on the originally selected payment method. When the payment has been received in full, the reserved amount will be released by FREENOW. It may take up to five (5) business days for the User's bank or payment service provider to do so. By using the Pay-by-App function, the User agrees to FREENOW's Pre-Authorisation procedures described in this section 9.
10. Terms and Conditions for the Use of Vouchers for Pay-by-App
10.1. Unless other terms of FREENOW apply to the respective voucher campaign, this section 10 shall apply to the redemption of vouchers.
10.2. The User may only use a voucher code located on a voucher if the User selects Pay-by-App as payment method.
10.3. The voucher code is valid for a single Trip and may only be used once per User during the respective promotional period. Voucher codes that are not redeemed during the respective promotional period shall expire without any compensation. If a technical error in the FREENOW App prevents the redemption of the voucher code by the User during the promotional period, FREENOW shall provide the User with a replacement code.
10.4. A voucher code for the first Pay-by-App booking can only be used once per User and only for the first Pay-by-App booking. If the User does not use this voucher code for their first Pay-by-App booking, the voucher code will expire. No refund or replacement of the voucher code for the first Pay-by-App booking will be provided.
10.5. Voucher codes must be entered into the FREENOW App and accepted as valid before the payment process begins.
10.6. Voucher codes cannot be combined with other promotions, coupons or discounts. In case of loss of the voucher code, the User has no right to replacement. Voucher codes may not be sold, resold or otherwise exchanged for cash.
10.7. In case of unauthorised use of voucher codes, FREENOW shall be entitled to block the User's account. FREENOW is also entitled to block the respective User accounts in case of fraud, attempted fraud or suspicion of other illegal activities in connection with voucher codes. In either case, FREENOW shall inform the User in advance of the reason for such blocking, unless there are serious grounds for not doing so.
11. Rights of Use
11.1. FREENOW grants the User a limited, revocable, non-transferable and non-exclusive right to access and use the FREENOW Platform, solely in connection with and insofar as is necessary for the use of the Services, solely for the User's personal use. Save as expressly set out with respect to use of the Services in connection with a Business Account, commercial use or other exploitation of the FREENOW Platform, Services or content is not permitted.
11.2. The User is prohibited from copying any element of the FREENOW Platform, be it entirely or partially, and from renting, leasing, selling, editing, otherwise modifying or sublicensing the FREENOW Platform in whole or in part. Furthermore, the User is prohibited from decompiling, disassembling or reverse engineering any part of the FREENOW Platform.
11.3. All intellectual property rights in the FREENOW Platform throughout the world belong to (or are licensed to) FREENOW and the rights in the FREENOW Platform are licensed (not sold) to the User. The User has no intellectual property rights in, or to, the FREENOW Platform other than the right to use the Platform and the Services in accordance with these GTC.
12. Prohibited Use, Responsibility for Content
12.1. The User must not:
12.1.1. threaten, abuse, harm and/or behave in any generally unreasonable manner towards the Driver and/or any other users of the FREENOW Platform ;
12.1.2. use the FREENOW Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these GTC, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform or any operating system;
12.1.3. infringe FREENOW's intellectual property rights or those of any third party in relation to the User's use of the FREENOW Platform ;
12.1.4. transmit any material that is defamatory, offensive or otherwise objectionable in relation to the User's use of the FREENOW Platform;
12.1.5. use the FREENOW Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
12.1.6. collect or harvest any information or data from the FREENOW Platform or any of FREENOW's systems or attempt to decipher any transmissions to or from the servers relevant to the Services.
12.2. The User of the FREENOW Platform is solely responsible for content shared by them as well as their use of the FREENOW Platform. Content created or made available by third parties or another user and shared under the User's account will also be attributed to the User.
12.3. FREENOW reserves the right, without being obligated to do so, to review the User's content to determine whether it is in compliance with the uses permitted under these GTC. In the event of a violation or the likelihood of a violation, FREENOW is entitled to block all or part of the User's content with immediate effect. In such instances, FREENOW aims to inform the User that their account has been blocked along with the reasons for doing so, unless there are serious grounds for not doing so. Furthermore, FREENOW is entitled in this case to terminate the contract with the User. Doing so does not affect FREENOW's rights to take any other action it may be entitled to take in this case.
13. Intellectual Property Rights of Third Parties
13.1. If the rights of third parties are infringed by the User's use of the FREENOW Platform, the User shall immediately discontinue such use.
13.2. If third parties assert claims against FREENOW due to an infringement of rights by the User, the User is obligated to inform FREENOW comprehensively and immediately about the background of the asserted claims, insofar as this is necessary for examination and defence of the claims by FREENOW. FREENOW may need to disclose aspects of the User's identity to a third party who is claiming that any content posted or uploaded by the User to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy. Such disclosure will be limited to what is necessary and done in accordance with FREENOW’s Privacy Policy. FREENOW has the right to remove any content the User posts on the Platform.
14. Availability of the FREENOW Platform
14.1. The User has no right to constant and uninterrupted availability of the FREENOW Platform. However, FREENOW shall endeavour to achieve the highest possible availability and to avoid disruptions. Should disruptions nevertheless occur, FREENOW will endeavour to remedy them as quickly as possible.
14.2. From time to time FREENOW will need to modify and/or update the FREENOW Platform in order to improve performance, enhance functionality, reflect changes to operating systems and/or address security issues. FREENOW reserves the right to carry out such modifications at any time. FREENOW will keep the User informed of any material changes carried out. In some cases, FREENOW may require the User to confirm their consent to an update and/or confirm their agreement to the GTC as a result of any modifications carried out before continuing to obtain any further Services. If the User chooses not to install such updates or if the User opts out of automatic updates, the User may not be able to continue using the FREENOW Platform .
15. Liability
15.1. References to FREENOW’s liability in these GTC include every kind of liability arising under or in connection with these GTC including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
15.2. FREENOW is responsible to the User for foreseeable loss or damage caused by FREENOW. If FREENOW fails to comply with these GTC, it is responsible for loss or damage the User suffers that is a foreseeable result of FREENOW breaking this contract as set out in these GTC or failing to use reasonable care and skill. FREENOW is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both FREENOW and the User knew it might happen.
15.3. Whenever using any Services, the User is expected to behave civilly and in accordance with these GTC. The User shall be fully liable for any violation of the GTC caused by the User when using the Services. The User is responsible for any fines, cautions, prosecutions and/or other sanctions imposed on the User arising from their conduct and/or the conduct of others who accompany them when using any Services. FREENOW shall have no liability to the User in respect of any costs, sums, losses, expenses and/or charges of any kind in respect of the items described in this section 15.3.
15.4. FREENOW is not responsible to the User for their behaviour (and/or the behaviour of others who accompany them) when using any Services. The User is solely responsible for their own interactions with Drivers, Mobility Partners and/or any other users of the Services. The User shall be responsible for the costs of:
15.4.1. repair for damage to; or
15.4.2. necessary cleaning of,
any property (including the PHV and/or Taxi) belonging to a PHV Driver, Taxi Driver and/or Mobility Partner (as applicable) as a result of any use of the Services in excess of normal “wear and tear” damages and necessary cleaning of the same. As regards Mobility Services, the conditions under which User may be liable shall be as specified in the relevant Mobility Partner’s general terms and conditions and pricing policy.
15.5. FREENOW is not responsible for, nor shall it procure insurance in respect of, any of its and/or anyone else’s personal belongings including those left in any vehicles associated with the User’s and/or anyone else’s use of the Passenger Transportation Services and/or Mobility Services. FREENOW shall have no liability to the User for any theft or loss of property belonging to them or anyone else. If the User should lose any belongings in the course of any Passenger Transportation Services, they should notify FREENOW via the Help Centre section of the App or Third Party Platform or email FREENOW here. To the extent that the User may have any details of the Driver for their Taxi or PHV Trip, FREENOW recommends that the User contacts that Driver directly.
15.6. If defective digital content which FREENOW has supplied damages the User's device or digital content belonging to the User and this is caused by FREENOW's failure to use reasonable care and skill, FREENOW will either repair the damage or pay the User compensation. However, FREENOW will not be liable for damage which the User could have avoided by following FREENOW's advice to apply an update offered to the User free of charge or for damage which was caused by the User failing to correctly follow installation instructions or to have in place the minimum system requirements advised by FREENOW.
15.7. FREENOW does not exclude or limit in any way its liability to the User where it would be unlawful to do so. This includes FREENOW’s liability for:
15.7.1. death and/or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;
15.7.2. fraud or fraudulent misrepresentation; and
15.7.3. breach of the User’s legal rights in relation to the FREENOW Platform.
15.8. Subject to section 15.7, to the extent the User’s use of any aspect of the FREENOW Platform and/or Services derived from it, are related to a Business Account, FREENOW’s total liability to the User shall be limited to the lower of either:
15.8.1. £250; or
15.8.2. 125% of the Fare paid (or payable) by the User relating to the Trip to which any claim relates.
15.9. Subject to section 15.7, and in addition to the limitations and exclusions of FREENOW’s liability provided in this section 15 and elsewhere in these GTC including section 4 (Use of the FREENOW Platform), FREENOW shall have no liability to the User for any of the following:
15.9.1. provided FREENOW has used reasonable care and skill and acted with professional diligence in provision of the Booking Services (and with respect to (15.9.3.), PHV Trips):
(i) any use by the User of the Mobility Services. This is because FREENOW is an intermediary only in respect of Mobility Partners and the Mobility Services offered. FREENOW is not liable for the acts and/or omissions of any Mobility Partners;
(ii)any Taxi Trips the User may make. This is because FREENOW is an intermediary only in respect of Taxi Drivers and the Taxi Trips taken with them. FREENOW is not liable for the acts and/or omissions of any Taxi Drivers;
(iii) any Booking Request that has not been accepted and/or any Booking/Trip that does not complete;
15.9.2. any loss, damage, costs, expenses or liability suffered by anyone other than the User in connection with their use of the FREENOW Platform;
15.9.3. any loss of profit, loss of revenue, loss of business, loss of employment, business interruption, or loss of business opportunity to the User’s business or the business of their employer or any other person (whether or not such loss could be reasonably expected to arise as a result of FREENOW’s negligence or breach of these GTC); or
15.9.4. any other loss, damage, costs, expenses or liability that the User suffers in connection with the Services.
15.10. FREENOW is not responsible for websites the User visits other than those belonging to it. The FREENOW Platform may contain links to independent websites which are not provided by FREENOW. Such independent websites are not under its control, and FREENOW is not responsible for and has not checked and approved their content or their privacy policies (if any). The User will need to use their own independent judgement about whether to use any such independent websites, including whether to buy any products or services offered by them.
15.11. FREENOW assumes no liability for cashless payments, directly if a Booking is incorrect or made in error, or if the payment process malfunctions. Any refunds may take some time to complete, without any liability to FREENOW.
15.12. FREENOW is not responsible for any charges or costs incurred by the User in the event that they have insufficient funds in any bank account linked to their chosen method of payment.
16. Customer Care Service and Disputes
16.1. If the User has any questions or complaints about the FREENOW Platform, they can notify FREENOW within the Help Centre section of the App or Third Party Platform or via email using this form.
16.2. In the event of any dispute, FREENOW reserves the right to refer matters to an external, independent mediator of its choosing.
17. Contract Term and Termination
17.1. The contract shall come into effect upon completion of registration by the User and shall continue indefinitely until terminated by either FREENOW or the User in accordance with these GTC. Some of the terms of the GTC may continue to apply to the User even once the contract has come to an end, such as the User's obligations to pay sums owed.
17.2. The contract may be terminated by the User at any time without giving reasons, either in writing, or by permanently deleting the App installed on any of the User's devices and/or deactivating the User's account.
17.3. FREENOW reserves the right to terminate the contract, and/or deactivate the User's account in the following scenarios:
17.3.1. The User does not provide FREENOW with information that is necessary for it to open the User's account or provide the Services;
17.3.2. the User does not make any payment to FREENOW when it is due and the User still does not make payment within 14 days of it reminding the User that payment is due;
17.3.3. the User has not logged in to their account for 6 months or longer;
17.3.4. the User materially and/or repeatedly breaches the provisions of these GTC or any other legal obligations; and/or
17.3.5. FREENOW has the belief that such termination and deactivation is necessary to protect the safety of the FREENOW Platform or Services, and/or the safety of any other users, Drivers and/or other third parties, provided that in such cases, the User is given prior notice of the actual or potential deactivation and an opportunity to correct the failure to FREENOW's satisfaction, unless there are serious grounds for not doing so.
17.4. The User will be notified of such termination and/or deactivation in the event that FREENOW terminates the contract and/or deactivates the User's account. Such notice will be given in advance unless there are serious grounds for not doing so.
17.5. If FREENOW terminates the contract, the User must cease use of the FREENOW Platform and Services.
18. Data protection
18.1. Please see our Privacy Policy for more information in respect of how the User's data is shared through the use of any of the Services.
19. Applicable Law, Place of Jurisdiction
19.1. These GTC are governed by English law, and the User can bring legal proceedings for disputes arising from or in connection with these GTC in the English courts. If the User lives in Wales, Scotland or Northern Ireland, they can also bring claims against FREENOW in the courts of the country where they live. FREENOW can claim against the User in the courts of the country where the User lives.
20. Severability And Other Important Clauses
20.1. If a court finds part of these GTC is illegal, the rest will continue in force. Each of the provisions of these GTC operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect. To the extent that any provision of these GTC is deemed unlawful for any reason, the affected provision shall be deemed amended to the extent required in order for the provision to cease to be unlawful.
20.2. FREENOW may transfer this agreement to someone else. FREENOW may transfer its rights and obligations under these GTC to another organisation. FREENOW will always tell the User in writing if this happens and will ensure that the transfer will not affect the User's rights to use the FREENOW Platform.
20.3. The User needs FREENOW’s consent to transfer their rights to someone else. The User may only transfer their rights or obligations under these GTC to another person if FREENOW agrees in writing.
20.4. Nobody else has any rights under our contract. This contract is between you and us and no other person shall have any rights to enforce any of its terms.
20.5. Even if FREENOW delays in enforcing these GTC, it can still enforce them later. If FREENOW does not insist immediately that the User does anything they are required to do under these GTC, or if FREENOW delays in taking steps against the User in respect of them breaching their right to use the FREENOW Platform, that will not mean that the User does not have to do those things and it will not prevent FREENOW from taking steps against the User at a later date.
20.6. FREENOW is not responsible for events outside its control. If the provision of the Services is delayed by an event outside FREENOW's control the User will be contacted as soon as possible to let them know and FREENOW will take steps to minimise the effect of the delay. Provided FREENOW does this it will not be liable for delays caused by the event but if there is a risk of substantial delay the User may contact FREENOW to end the User's right to use the FREENOW Platform.
Valid from 11 April 2024
