Terms & Conditions

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  1. APPLICABILITY AND ACCEPTANCE

    By installing the Wheely Mobile App (“App”), you, — “User” — agree to be bound by these Mobile App Terms and Conditions (“App Terms”) and the Booking Service Terms. Please review these App terms carefully before you accept the applicability thereof by installing the App.

  2. DEFINITIONS

    App” means Mobile application software developed and offered by Wheely. Via this App, Wheely enables “Users” to book “Passenger Transport”, either for private or for business purposes, whereby Wheely acts as an intermediary between “Users” and “Drivers”.

    App Terms” means Terms and Conditions which apply to the use of the App.

    Booking Service Terms” means Terms and Conditions which apply to the booking services defined and set forth in Paragraph 5.

    Driver” means a natural person or legal entity providing Passenger Transport, who/which (inter alia) offers services via the App, whereby Wheely and PHO act as an intermediaries between Driver and User. 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.

    Passenger Transport” means Passenger transportation services.

    Passenger” natural person being transported by Driver because of a booking made by User via the App.

    PHO” means Wheely London Ltd., a private limited company incorporated and registered in England and Wales with company number 08327247 whose registered office is at 3 Queen Street, Mayfair, W1J 5PA London, United Kingdom.

    User” means 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 3 Queen Street, Mayfair, W1J 5PA London, United Kingdom.

  3. CREATING AN ACCOUNT
    1. Before being able to actually book Passenger Transport 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.
    2. 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.
    3. In order to create a corporate account, User shares its company name, billing (email)address, and contact details of an in-house contact person.
    4. Wheely may suspend or annul personal or business accounts at any time, in particular if Wheely has reasons to believe that the account is created with false data or otherwise used for fraudulent purposes.
  4. CONDITIONS OF USE
    1. User will not resell any Passenger Transport offered via the App.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
  5. BOOKING SERVICE TERMS
    1. PHO as the holder of the relevant Private Hire Vehicle operator’s licence accepts at its registered address private hire bookings made by User using the App (“the Bookings”) and allocates to a Driver (the Booking Services) acting as an intermediary to the Driver.
    2. The Booking Services provided by PHO through the App include (i) the acceptance of Bookings and allocating of each accepted Booking to a Driver; (ii) provision of the Booking booking confirmation to a User before their journey start (iii) keeping a record of each accepted Booking and remote monitoring of the performance of the Booking by a Driver (iv) Receipt of and dealing with feedback, questions and complaints relating to the Bookings, as well managing any lost property queries relating to the Bookings.
    3. The Booking Services are provided by PHO to User free of charge. The fares that apply for the Passenger Transport provided by the Driver can be found through the App. These may be modified or updated from time to time. It is User responsibility to remain informed about the current rates for the transportation services.
  6. PAYMENT USING PERSONAL ACCOUNT
    1. Credit card payments only — Passenger Transport booked via the App can only be paid by credit card. After the ride, the fare shall be charged automatically.
    2. Wheely charges payments — The fare shall be charged by Wheely, acting as an intermediary between Driver and User. Wheely will subsequently pay Driver the compensation as agreed between Driver and Wheely.
    3. 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 be free to continue to use the services offered via the App again.
    4. Multiple credit cards — User may link multiple credit cards to a personal account, and choose the preferred card when making a booking. In the event that Wheely is unable to charge the preferred card, it will charge any other card linked to User’s personal account.
    5. Cancellation fee — In case User cancels a booking after 5 minutes after driver has been assigned, or in case the Passenger is not present at the pick-up time and location agreed, Wheely will charge User a cancellation fee including waiting time, which fee will at least amount the minimum fare.
    6. Promotional 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 account at any time, in particular when Wheely has reasons to believe that User engages in referral fraud by creating duplicate accounts.
    7. Processing of payments — In order to charge fares, Wheely uses services of third party payment processors. Wheely is not responsible or liable for errors by these payment processors.
    8. Preauthorization — Wheely may pre-authorize User’s credit card to ensure that there are enough funds to pay for the booked ride.
    9. Refunds — All payments charged by Wheely are non-refundable.
  7. PAYMENT USING CORPORATE ACCOUNT
    1. Monthly payment — Users of a corporate account can choose to pay monthly. Wheely will provide a detailed invoice.
    2. Wheely charges payments — The fare shall be charged by Wheely, acting as an intermediary between Driver and User. Wheely will subsequently pay Driver the compensation as agreed between Driver and Wheely.
    3. Cancellation fee — In case User cancels a booking less than 30 minutes before the agreed pick-up time, or in case the Passenger is not present at the pick-up time and location agreed, Wheely will charge User a cancellation fee including waiting time, which fee will at least amount the minimum fare.
    4. Promotional 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 corporate accounts at any time, in particular when Wheely has reasons to believe User engages in referral fraud by creating duplicate accounts.
    5. Processing — In order to charge fares, Wheely makes use of the services of a third party payment processor. Wheely is not responsible or liable for errors by the payment processor.
    6. Refunds — All payments charged by Wheely are non-refundable.
  8. RULES OF CONDUCT FOR PASSENGERS
    1. 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.
    2. User shall be responsible for the cost of repair for damage to, or necessary cleaning of, Driver’s vehicles and resulting from the Passenger Transport in excess of normal “wear and tear” damages and necessary cleaning. In the event that a 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 proving that the amount charged is equal to the cost of cleaning or repair.
  9. DATA PROTECTION AND PRIVACY
    1. 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.
    2. 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.
    3. Wheely does not store credit card data. Wheely holds PCI-DSS certification to ascertain this.
  10. INTELLECTUAL PROPERTY RIGHTS AND LICENSE
    1. 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.
    2. 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.
  11. AVAILABILITY OF APP, DISCLAIMER OF WARRANTIES
    1. 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.
    2. 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.
    3. Wheely will not be responsible for any support or maintenance for the App.
    4. 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.
  12. SYSTEM REQUIREMENTS
    1. 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’).
    2. The Software Requirements are as follows: Apple iOS devices running iOS 7 or iOS 8, and Android OS devices running Android OS 4.0 or higher.
    3. The version of the App software may be upgraded from time to time to add support for new functions and services.
  13. LIMITATION OF LIABILITY
    1. User understands that Wheely and PHO only act as intermediaries, and does not provide Passenger Transport services itself. Consequently, Wheely and PHO are in no event liable for any direct, indirect, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of the actions or inactions of any Drivers. If User has any complaints regarding the actions or inactions of any Driver(s), User shall consequently handle this with the Driver directly.
    2. Neither is Wheely in any event liable for
      1. the actions or inactions of other App Users;
      2. the situation where Users mobile device is stolen and any third party subsequently makes use of User’s personal or corporate account;
      3. 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);
      4. any damage or alteration to 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.
    3. Nothing in these Terms shall exclude or limit Wheely’s liability which cannot be excluded or limited under applicable law.
  14. VARIA
    1. 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.
    2. These App Terms, the Booking Service Terms set out in the paragraph 5 and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms are exclusively governed by the laws of England and Wales. Any disputes or claims arising out of or related to these App Terms and The Booking Service Terms are subject to the exclusive jurisdiction of the courts of England and Wales.
    3. If any provision of these App Terms and The Booking Service Terms (collectively referred as the “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.
    4. 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.