Terms & Conditions
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APPLICABILITY AND ACCEPTANCE
By installing the Wheely Mobile App (“App”), you (“User”) agree to be bound by these Terms and Conditions (“Terms”). These Terms also apply to the supply of all Passenger Transport Services. Please review these Terms carefully before you accept the applicability thereof by installing the App or requesting services via the App.
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DEFINITIONS
“App” means the Wheely mobile application software developed and offered by Wheely to enable Users to book Passenger Transport Services in accordance with these Terms.
“Cancellation Fees” means the cancellation fees set out in clause 6.
“Driver” means a natural person or legal entity providing Passenger Transport Services. All Drivers are licensed and certified in accordance with all applicable (local) laws and regulations and all Driver vehicles are licensed and certified in accordance with all applicable (local) laws and regulations.
“Drop-Off Location” means the location specified by the User in the Passenger Transport Booking Request: where a Driver is required to drop off a Passenger in the case of a Passenger Transport Services.
“Group Company” means any company which is a holding company or subsidiary of Wheely, or any other subsidiary of a holding company of Wheely.
“Passenger” means the natural person (who may be the User or another individual) who is the subject of the Passenger Transport Services.
“Passenger Transport Booking Request” means the User’s request via the App for a Driver to perform the Passenger Transport Services, setting out details of the desired Pick-Up Time, Pick-Up Location, Drop-Off Location and any other information required by the Driver relating to the requested Passenger Transport Services.
“Passenger Transport Services” means the private hire transportation of a Passenger from one location to another by a Driver in accordance with a Passenger Transport Booking Request, these Terms, and any applicable (local) laws or regulations.
“Pick-Up Location” means the location specified by the User in the Passenger Transport Booking Request where a Driver is required to pick up a Passenger.
“Pick-Up Time” means the time specified by the User, and confirmed by the Driver, to collect Passenger in respect of the Passenger Transport Services.
“Transport Charges” means the transport charges specified in clause 6.
“User” means a private person or legal person (company) making use of the App.
“Wheely” means Wheely Technologies Ltd, a private limited company incorporated and registered in England and Wales with company number 07994380 whose registered office is at The Monastery Barn, Syon Park, London Road, Brentford, United Kingdom, TW8 8JF.
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CREATING AN ACCOUNT
- Before being able to place a Passenger Transport Booking Request via the App, Users must either create a personal account or a corporate account via the App. Personal accounts are solely meant for private, non-commercial use. Corporate accounts are meant for commercial use within the business sector, whereby certain benefits apply.
- In order to create a personal account, a User shares his/her first name, last name, email address, telephone number and credit card data. The User guarantees that all data provided is true, correct and up to date. It is not possible to link a credit card to a personal account which is not registered in the User’s name.
- In order to create a corporate account, a User shares his/her first name, last name, email address, telephone number, company name, company registered number, company registered address and credit card data. The User guarantees that all data provided is true, correct and up to date. It is not possible to link a credit card to a corporate account which is not registered in the User’s name.
- Wheely may suspend or terminate personal or business accounts at any time for any reason including without limitation if Wheely has reasons to believe that the account is created with false data or otherwise used for fraudulent purposes.
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CONDITIONS OF USE
- Users will not resell any Drivers Services offered via the App.
- Users will not, nor allow third parties on the User’s behalf to (i) make and distribute copies of the App (ii) attempt to copy, rent, sub-license, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the App; or (iii) create derivative works of the App of any kind whatsoever.
- Wheely reserves the right to amend or withdraw the App, or charge for the App or service provided to User in accordance with these App Terms, at any time and for any reason.
- Users acknowledge that the terms of agreement with Users' respective mobile network provider ('Mobile Provider') will continue to apply when using the App. As a result, Users may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. Users accept responsibility for any such charges that arise.
- If the User is not the bill payer for the mobile telephone or handheld device being used to access the App, the User will be assumed to have received permission from the bill payer for using the App. >
- All Users shall ensure that at all times they comply with and shall procure that each Passenger complies with these Terms. Any failure to comply shall result in immediate suspension of the User’s right to access the App and/or Passenger Transport Services. Further, to the extent the Driver considers that the User or Passenger is not in compliance with these Terms, it shall be entitled to cancel the provision of the relevant Driver Services and the provisions of clause 6.3 shall apply.
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BOOKING PASSENGER TRANSPORT SERVICES
- Users may request Passenger Transport Services by submitting a Passenger Transport Booking Request via the App.
- By submitting a Passenger Transport Booking Request, the User is offering to purchase Passenger Transport Services subject to these Terms. This does not mean that the Passenger Transport Booking Request has been accepted.
- Wheely acts as an agent on behalf of the Drivers and is authorised to accept and allocate Passenger Transport Booking Requests on their behalf. Users acknowledge and agree that although Wheely may accept and allocate Passenger Transport Booking Requests via the App, the Driver Services are provided by the Driver (and not by Wheely) and contracts for the Driver Services are made between the User and the Driver directly. A contract between the User and the Driver will be formed once Wheely has allocated the Passenger Transport Booking Request to a specific Driver and issued confirmation of the booking to the User through the App in accordance with and subject to these Terms.
- Once a contract is formed pursuant to clause 5.3 it may be cancelled by the User at any time without reason by notifying Wheely directly or using the App subject to payment of a Cancellation Fees and any applicable Transport Charges and/or Disbursements (and applicable Transaction Fees) in accordance with clause 6.
- The services provided by Wheely through the App include: (i) the acceptance of Booking Requests and allocating of Passenger Transport Booking Request to a Driver; (ii) provision of the booking confirmation to a User before their journey start; (iii) keeping a record of each accepted Passenger Transport Booking Request and remote monitoring of the performance of the Driver Services by a Driver; (iv) receipt of and dealing with feedback, questions and complaints relating to the Driver Services, as well managing any lost property queries relating to the Driver Services.
- Access to and use of the App for Passenger Transport Services is provided by Wheely to Users free of charge. The Transport Charges for Passenger Transport Services is provided by the Driver can also be found through the App. These may be modified or updated from time to time. It is the User’s responsibility to remain informed about the current rates applicable to the services made available through the App.
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APPLICABLE FEES
- Transport fees — Wheely (acting as an intermediary between the Driver and the User) shall charge User the agreed transport fees for the provision of Passenger Transport Services (the allocation of which shall be subject to a separate agreement between Wheely and the Driver), calculated in accordance with its set rate for such services (“Transport Charges”).
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Cancellation Fees — In the case where User cancels a Passenger Transport Booking Request 5
minutes after Driver has been assigned, or Wheely (either itself or at the Driver’s request)
cancels a Passenger Transport Booking Request due to:
- the Passenger not being at the agreed Pick-Up Location at the Pick-Up Time; and/or
- User being in breach of these Terms,
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PAYMENT
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Payment Using Personal Account
- Credit card payments only — Passenger Transport Services booked via the App can only be paid by credit card. After the ride, the set rate shall be charged automatically.
- Timing — Transport Charges and Cancelation Fees (which shall be the subject of a separate agreement between Wheely and the Driver) shall be charged automatically by Wheely once Driver has confirmed that the Passenger Transport Services have been completed and/or Services have been cancelled using the credit card linked to the personal account.
- Insufficient funds on credit card — In case after the ride it appears that the credit card linked to the User’s personal account does not have sufficient funds to cover the fare, the User is obliged to add credit to his/her card within a week. Until Wheely has been able to charge the unpaid fare, the User’s personal account will be locked. After receipt of the payment, the User’s personal account will be unlocked and the User will be free to continue to use the services offered via the App.
- Multiple credit cards — the User may link multiple credit cards to their personal account and choose the preferred card when making a Passenger Transport Booking Request. In the event that Wheely is unable to charge the preferred card, it will charge any other card linked to the User’s personal account.
- Preauthorisation — Wheely may pre-authorise the User’s credit card used to pay for the Passenger Transport Services to ensure that there are enough funds to pay for the booked ride. Payment Using Corporate Account
- Monthly payment — Users of a corporate account can elect to pay monthly. Wheely will provide a detailed invoice on the first date of each month setting out all Transport Charges and Cancellation Fees incurred under that corporate account in the preceding month.
- Users shall pay each invoice to Wheely within 30 days of the date of the invoice unless otherwise agreed in writing with Wheely.
- Wheely reserves the right to immediately suspend the User’s access to the corporate account and its features in the event of any overdue payment.
- If for any reason any payment is not made when due, Wheely reserves the right to be paid on an indemnity basis any costs Wheely incurs in recovering any money due under any and all unpaid invoices (and the costs of recovering such costs) including Wheely’s administrative costs and any associated costs incurred with lawyers or debt collection agencies. Wheely’s administrative costs may include the cost of employing the staff concerned and the overheads attributable to them for the time spent. Promotion rides and rewards
- Wheely may provide new Users with promotional rides, or reward existing Users for inviting others who make a first journey. Wheely is free to delete promotional rides or rewards from the User’s personal and/or corporate account at any time, in particular when Wheely has reasons to believe that the User engages in referral fraud by creating duplicate accounts. Payment processors
- In order to charge set rates, Wheely uses services of third party payment processors. Wheely is not responsible or liable for errors by these payment processors. No refunds
- To the fullest extent permitted by law, all payments charged by Wheely are non-refundable
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RULES OF CONDUCT FOR PASSENGERS
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All Users guarantee that their Passengers will comply with the following rules and
guidelines:
- No more than 4 (four) passengers in one vehicle (or 8 (eight) passengers for V-class).No smoking.
- No littering, eating or spilling of liquids.
- No distracting the driver from the road.
- No causing hazardous situations.
- The User shall be responsible for the cost of repair for damage to, or necessary cleaning of, Driver’s vehicles and resulting from the Driver Services in excess of normal “wear and tear” damages and necessary cleaning. In the event that a Driver reports the need for repair or cleaning by submitting to Wheely and such request is verified in Wheely’s reasonable discretion, Wheely reserves the right to facilitate payment for such repair or cleaning on behalf of the Driver using User’s payment method designated in User’s account. Such amounts will be transferred by Wheely to the Driver and are non-refundable. The User will receive an email with a receipt evidencing that the amount charged is equal to the cost of cleaning or repair.
- In particular, but without prejudice to the generality of this clause 8, should a User and/or Passenger smoke in any vehicle whilst using the Passenger Transport Service, then Wheely shall be entitled to apply a cleaning fee of AED 1200, which will be automatically charged to the User’s primary payment method.
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All Users guarantee that their Passengers will comply with the following rules and
guidelines:
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DATA PROTECTION AND PRIVACY
- Wheely guarantees its Users that personal data remains safe and private. Any personal data that the User supplies to Wheely when using the App will be used by Wheely in accordance with its Privacy Policy.
- For quality assurance and training purposes, Wheely may record telephone calls between Users and Drivers, as well as telephone calls between Users and Wheely’s customer support team.
- Wheely does not store credit card data. Wheely holds PCI-DSS certification to ascertain this.
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INTELLECTUAL PROPERTY RIGHTS AND LICENCE
- All trademark rights, copyright, database rights and any other intellectual property rights of any nature vesting in the App together with the underlying software code are exclusively owned by Wheely and/or its group of companies.
- Wheely hereby grants the User a worldwide, non-exclusive, non-transferable royalty-free revocable licence to use the App for business and personal use in accordance with these App Terms.
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AVAILABILITY OF APP, DISCLAIMER OF WARRANTIES
- This App is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. Wheely will use reasonable efforts to make the App available at all times. However, the User acknowledges the App is provided over the internet and mobile networks, and thus the quality and availability of the App may be affected by factors outside Wheely’s reasonable control.
- Wheely, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.
- Wheely will not be responsible for any support or maintenance for the App.
- To the maximum extent permitted by law, Wheely hereby disclaims all implied warranties with regard to the App. The App and software are provided “as is” and “as available” without warranty of any kind.
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SYSTEM REQUIREMENTS
- In order to use the App, a User is required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
- The Software Requirements are as follows: Apple iOS devices running iOS 15 or higher, and Android OS devices running Android OS 11.0 or higher.
- The version of the App software may be upgraded from time to time to add support for new functions and services.
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LIMITATION OF LIABILITY
- To the fullest extent permitted by law, Wheely is in no event liable for any indirect, punitive, exemplary or consequential losses or damages of whatsoever kind suffered or incurred by Users and/or Recipients arising out of the Driver Services.
- If a User has any complaints regarding the actions or inactions of any Driver (s), then it shall contact Wheely in the first instance.
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Neither is Wheely or Driver in any event liable for:
- the actions or inactions of other Users;
- the situation where a User’s mobile device is stolen/lost and any third party subsequently makes use of the User’s personal or corporate account;
- failure to meet any of Wheely’s obligations under these Terms where such failure is due to events beyond Wheely’s control (for example a network failure);
- any damage or alteration to the User’s equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the App; and
- in no event shall Wheely’s aggregate liability for any and all claims arising out of the provision of the Passenger Transport Services (howsoever caused whether by contract, tort (including negligence) breach of statutory duty or otherwise) exceed AED 1,500.
- Nothing in these Terms shall exclude or limit Wheely’s liability for a) death or personal injury caused by Wheely’s negligence; b) fraud; or c) any other liability which cannot be excluded or limited under applicable law.
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VARIATIONS
- For any complaints or questions regarding lost & found items, please mail us via support@wheely.com, or report us via the chat function in the App.
- These Terms and all non-contractual obligations arising in any way whatsoever out of or in connection with the Terms are exclusively governed by the laws of England and Wales. Any disputes or claims arising out of or related to these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.
- If any provision of these Terms shall be deemed unlawful, void or otherwise unenforceable, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Wheely may change the Terms at any time by posting a revised version on its website. Any change shall come into effect and be deemed accepted by the User if the User continues using the App after the revised version is posted.
- Wheely shall be free to assign, novate or otherwise deal with the whole or any part of its rights or obligations under this Agreement to any Group Company without the prior written consent of the User. Any such change shall be implemented in accordance with this clause 14.
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DISPUTE RESOLUTION
- If the User has a complaint relating to these Terms, the App or any services available through the App, Wheely will try to resolve the complaint using its internal complaints-handling procedure. Please contact Wheely by email at support@wheely.com or by chat feature within an App.
- If the complaints-handling procedure is exhausted and Wheely has not been able to resolve the complaint, Wheely will provide the name and website address of an alternative dispute resolution (“ADR”) provider that would be competent to deal with the complaint. If the User makes a request for the dispute to be settled by ADR, Wheely will consider whether or not it wishes to participate in ADR but is not obliged by law to participate.