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 (the “Driver Services”) booked via the App.
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
“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, England, TW8 8JF.
“App” means the Wheely mobile application software developed and offered by Wheely to enable User to book Driver Services in accordance with these Terms.
“Booking Request” means a Passenger Transport Booking Request in the case of Passenger Transport Services.
“Cancellation Fees” means the cancelation fees set out in clause 6.
“Driver” means a natural person or legal entity providing Passenger Transport Services, as applicable. All Drivers are licensed and certified in accordance with all applicable local laws and regulations and also drive vehicles licensed and certified in accordance with all applicable local laws and regulations.
“Drop-Off Location” means location specified by User in the Booking Request where Driver is required to drop off a Passenger in the case of Passenger Transport Services.
“Family Account” means a group payment account created by an Owner through the App, enabling up to seven Users to pay for Driver Services using a shared payment card in accordance with clause 8.
“Family Account Member” means a User who has accepted an invitation to join a Family Account.
“Family Payment Method” means the verified payment card linked to a Family Account by the Family Account Owner.
“Group Company” means any company which is a holding company or subsidiary of Wheely, or any other subsidiary of a holding company of Wheely.
“Owner” means the User (who must be a Wheely member) who creates and administers a Family Account.
“Passenger” means the natural person (who may be the User or another individual) who is the subject of the Passenger Transport Service.
“Privacy Policy” means the privacy policy found at (https://wheely.com/en/legal/uae/for-users/privacy).
“Passenger Transport Booking Request” means the User’s request via the App for a Driver to perform the Passenger Transport Service, 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 Service.
“Passenger Transport Service” means the private hire transportation of a Passenger from one location to another by a Driver in accordance with a Passenger Transport Booking Request and these Terms.
“Pick-Up Location” means location specified by User in the Booking Request where Driver is required to pick up a Passenger in the case of a Passenger Transport Services.
“Pick-Up Time” means time specified by User, and confirmed by Driver, to collect a Passenger in respect of the Passenger Transport Services.
“Transport Charges” means the transport charges specified in clause 6.
“User” means private person or legal person (company) making use of the App.
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CREATING AN ACCOUNT
- Before being able to place a Booking Request via the App, User 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, User shares his/her first name, last name, email address, telephone number and credit card data. User guarantees that all data provided are true, correct and up to date. It is not possible to link a credit card to a personal account which is not registered in User’s name. The foregoing restriction on linking a credit card does not apply where a User pays for Driver Services using the Family Payment Method in accordance with clause 8.
- In order to create a corporate account, User shares his/her first name, last name, email address, telephone number, company name, company registered number, company registered address and credit card data. User guarantees that all data provided are true, correct and up to date. It is not possible to link a credit card to a corporate account which is not registered in 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
- User will not resell any Drivers Services offered via the App.
- User will not, nor allow third parties on 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.
- User acknowledges that the terms of agreement with User’s respective mobile network provider (‘Mobile Provider’) will continue to apply when using the App. As a result, User 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. User accepts responsibility for any such charges that arise.
- If User is not the bill payer for the mobile telephone or handheld device being used to access the App, User will be assumed to have received permission from the bill payer for using the App.
- User shall ensure that at all time it complies 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 Driver Service. Further, to the extent the Driver considers that User and/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 Booking Request, User is offering to purchase Passenger Transport Services subject to these Terms. This does not mean the Booking Request has been accepted. A contract between the User and the Driver for the purchase of Passenger Transport Services will only be made when the Partner/Driver, as applicable, accepts a Booking Request in accordance with clause 5.3.
- Wheely acts as an agent on behalf of the Drivers and is authorised to accept and allocate Booking Requests on their behalf. The User acknowledges and agrees that although Wheely may accept and allocate Booking Requests via the App, the Driver Services are provided by the Driver (and not by Wheely) and contracts for the Passenger Transport Services are made between the User and the Driver. A contract between the User and the Driver will be formed once Wheely has allocated the Booking Request to a specific Driver and issued confirmation of the booking to User through the App in accordance with and subject to these Terms.
- Once the contract between the User and the Driver is formed, it may be cancelled by User at any time without reason by notifying the Driver directly or using the App subject to payment of a Cancellation Fees and any applicable Transport Charges in accordance with clause 6.
- The services provided by Wheely through the App include: (i) the acceptance of Booking Requests and allocating of each accepted 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 Booking Request and remote monitoring of the performance of the Passenger Transport Services by a Driver; and (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 Driver Services is provided by Wheely to User free of charge. The Transport Charges for Driver Services provided by the Driver can also be found through the App. These may be modified or updated from time to time. It is 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
- The updated fares can be found at https://wheely.com/en/cities/dubai
- Transport fees — Wheely, acting as an intermediary between Driver and User, shall be entitled to charge User the agreed transport fees for the provision of Driver Services calculated in accordance with its set rate for the Driver Services (“Transport Charges”).
- Cancellation Fees — In the case where User cancels a Booking Request 5 minutes after Driver has been assigned, or the Driver cancels a Booking Request due to (1) the Passenger not being at the agreed Pick-Up Location at the Pick-Up Time or (2) User being in breach of these Terms, Wheely will charge the User a cancellation fee including waiting time, which fee will at least be the amount of minimum fare (“Cancellation Fees”).
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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. Where a User is a Family Account Member, Driver Services may also be paid for using the Family Payment Method in accordance with clause 8.
- Timing — Transport Charges and Cancelation Fees shall be charged automatically by Wheely, acting as an intermediary between Driver and User once Driver has confirmed that Services have been completed and/or Services have been cancelled using the credit card linked to the personal account. Where Driver Services are paid via the Family Payment Method, charges will be applied to the Family Payment Method in accordance with clause 8.7.
- Insufficient funds on credit card — In case after the ride it appears that the credit card linked to User’s personal account does not have sufficient funds to cover the fare, User is obliged to add credit to his/her card within a week. Until Wheely has been able to charge the unpaid fare, User’s personal account will be locked. After receipt of the payment your personal account will be unlocked, User will then be free to continue to use the services offered via the App.
- Multiple credit cards — User may link multiple credit cards to a personal account and choose the preferred card when making a Booking Request. In the event that Wheely is unable to charge the preferred card, it will charge any other card linked to User’s personal account.
- Preauthorization — Wheely may pre-authorize User’s credit card 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.
- The User 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 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 App 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 User’s personal and/or corporate account at any time, in particular when Wheely has reasons to believe that 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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FAMILY ACCOUNTS
- Eligibility and Creation. A Family Account may only be created by an Owner. Each User may be the Owner of, or a Family Account Member of, only one Family Account at a time. An Owner may create one Family Account, which may have a maximum of seven members (including the Owner). All Family Account Members must be aged 18 or over at the time of joining the Family Account. Users who are Family Account Members may not create or join another Family Account until they leave their current one.
- Family Payment Method. To activate a Family Account, the Owner must link a verified payment card as the Family Payment Method. The Owner may select an existing card (personal or corporate) or add a new card. The Owner warrants that they are entitled to use the Family Payment Method for this purpose and that their card issuer permits use of the card by third parties. By linking the Family Payment Method and activating the Family Account, the Owner provides irrevocable (for so long as the Family Account remains active) authorisation for each Member to incur Transport Charges charged to the Family Payment Method. If the linked card requires verification, Family Account Members will not be able to use the Family Payment Method until verification is complete. The Owner may change or delete the Family Payment Method provided there are no active or scheduled journeys on the Family Account at the time of the change.
- Invitations. The Owner may invite Users to join the Family Account by entering their registered telephone number. An invitation will be sent via push notification, WhatsApp or SMS. The invited User must accept the invitation through the App using the same telephone number and must have the current version of the App installed. Acceptance of an invitation constitutes agreement by the Family Account Member to these Terms as they apply to the Family Account. Before inviting any person to join the Family Account, the Owner warrants that they have obtained that person’s prior consent to their personal data (including their telephone number) being shared with Wheely and processed in accordance with the Privacy Policy.
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Family Account Member rights. Once a Member accepts an invitation:
- the Member may use the Family Payment Method to pay for Driver Services across all classes and service types;
- the Member will have access to Wheely membership privileges when paying via the Family Account, but will not acquire membership status itself;
- the Member may view only their own journeys paid via the Family Account; and
- the Member may leave the Family Account at any time, provided they have no active or scheduled journeys charged to the Family Account and there is no outstanding debt attributable to their journeys on the Family Account.
- Family Account Owner rights and responsibilities. The Owner may: (a) view the journey history, ratings, receipts and invoices of all Members for journeys paid via the Family Payment Method, through the Family filter in the App and the Wheely business portal; (b) remove any Member from the Family Account, subject to clause 8.6; © delete the Family Account, subject to clause 8.6; and (d) change the Family Payment Method, subject to clause 8.2. The Owner accepts full responsibility for all activities conducted through the Family Account, including those of all Members. The Owner is liable for all Transport Charges, Cancellation Fees, damage charges under clause 9, and any other amounts arising from use of the Family Account by any Member. Each Member is additionally responsible for all activities conducted through their own membership of the Family Account. Wheely may pursue the Owner, the relevant Member, or both in respect of any amounts due, without being required to proceed against one before the other.
- Restrictions on removal and deletion. A Member may only be removed, or a Family Account deleted, where: (a) the relevant Member (or, in the case of deletion, all Members) has no active or scheduled journeys on the Family Account; and (b) there is no outstanding debt on the Family Account.
- Debt. If any journey paid via the Family Payment Method results in an outstanding debt: (a) the Owner is responsible for settling that debt; (b) until the debt is settled, the Owner may not make journeys using the Family Account and Members may not use the Family Payment Method. Wheely will notify the Owner of any outstanding debt in accordance with clause 7.3, which applies to debt arising under the Family Account.
- Owner’s loss of membership. If the Owner’s Wheely membership lapses or is terminated: (a) the Family Account will be deactivated; (b) the Family Payment Method will be removed from all Members’ available payment methods; and © the Owner may still view the Family Account, settle any outstanding debt and delete the account, but may not invite new Members.
- 3DS Verification. Where the Owner’s card issuer requests 3DS verification for a journey paid via the Family Payment Method, Wheely will notify the Owner by push notification and request re-verification. Where such a request is triggered in connection with a Member’s journey, the Member will be notified that there is an issue with the payment method and directed to contact the Owner.
- Journey history on deletion. Upon deletion of a Family Account, journey history paid via the Family Account will no longer be visible in the App’s Family filter or the Wheely business portal. Individual journeys may remain visible in a Member’s personal journey history. Wheely will retain personal data associated with Family Account journeys in accordance with its Privacy Policy, which Users should consult for applicable retention periods.
- Data sharing and privacy. By creating or joining a Family Account, each User acknowledges that: (a) the Family Account Owner can view journey details (including journey ratings, receipts and invoices) for all journeys paid via the Family Payment Method; and (b) such data sharing is governed by the Privacy Policy. Wheely will process personal data in connection with the Family Account in accordance with the Privacy Policy.
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RULES OF CONDUCT FOR PASSENGERS
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User guarantees that 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.
- 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 Driver reports the need for repair or cleaning via submitting to Wheely and to the User a photo or video proof of the damages or soiling, 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. User will receive an email with a receipt evidencing that the amount charged is equal to the cost of cleaning or repair.o
- In particular, but without prejudice to the generality of this clause 9, 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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User guarantees that 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 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 customer support.
- Wheely does not store credit card data. Wheely holds PCI-DSS certification to ascertain this.
- Where a User participates in a Family Account (whether as an Owner or Family Account Member), Wheely will share journey data (including journey details, ratings, receipts and invoices) with the Owner in accordance with clause 8.11 and the Privacy Policy. Users should refer to the Privacy Policy for full details of how personal data is processed in connection with the Family Account.
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INTELLECTUAL PROPERTY RIGHTS AND LICENSE
- 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 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, 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, User is required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (’Software Requirements’).
- The version of the App software may be upgraded from time to time by Wheely, at its sole discretion, in order to add support for new functions and services.
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LIMITATION OF LIABILITY
- User acknowledges and agrees that Wheely only acts as an intermediary, and does not provide the Driver Services itself. Consequently, to the fullest extent permitted by law, Wheely and its group of companies are in no event liable for any direct, indirect, punitive, exemplary or consequential losses or damages of whatsoever kind suffered or incurred by a User arising out of the actions or inactions of any Drivers (including any failure by Driver to perform the Driver services). If User has any complaints regarding the actions or inactions of any Driver (s), User shall consequently handle this with the Driver.
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Neither is Wheely or Driver in any event liable for:
- the actions or inactions of other App Users;
- the situation where Users mobile device is stolen and any third party subsequently makes use of 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 User’s equipment including but not limited to computer equipment, handheld device or mobile.
- 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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VARIA
- For any complaints or questions, 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 15.