Terms and conditions of use of the XTaxiTransfer service
Last update: 01.09.20181. DEFINITIONS, CONTRACTUAL RELATIONS
These Terms and Conditions govern the use by the Customer/User of the web addresses and related applications, their content and the services provided by INDEX SRL, a Romanian legal company (hereinafter referred to as INDEX or the Company) based in Ploiesti, street Armasi nr. 37b, registered with the Trade Registry under no. J29/2221/1991, Unique Identification Number (CUI) RO1353728.
IndexTaxi and XTaxiTransfer - XTT are trademarks owned by INDEX S.R.L.
Site represents the following web addresses - www.indextaxi.ro, www.944.ro, www.0256933.ro, www.xtt.ro and www.xtaxitransfer.ro - which are in use of the Company, it owns the rights of intellectual property for the Site's content.
Customer - a private person or a company who has or obtains access to the SITE by any means of communication provided by INDEX (electronic, telephone etc.) or under an existing user agreement between INDEX and the user who created an account or was provided with an account already made.
Partner - a legal person authorized by law to have access to the SITE, following acceptance of terms and conditions or under an existing user/service agreement between the INDEX user and the user who created or has an account created for him for the purpose of accepting the transport or rental requests published by CLIENTS through the tools provided by the SITE.
Service - Providing the User with access to the evaluation and booking/acceptance tools available on the Site. Access is conditional upon the provision of all information for online payment by credit card or by sending an SMS via mobile phone. In order to access the Service and make the payment, the user will provide the Site Owner with all data requested by the online payment processor and the necessary data for issuing the invoice by INDEX or any of its partners.
User - any private person or company who signs up to the Site and accesses its content made available by the Site owner, regardless of the quality of the employee, partner or INDEX customer or the person empowered by any of them, regardless of whether or not placing an order for booking a service;
Agreement is the checkbox of "I agree with the terms and conditions regarding the processing of personal data" and has contractual value between INDEX and you.
Distance Contract means the contract concluded between INDEX and Customer or Partner as the case may be, without the simultaneous physical presence in the same space of the parties, with the exclusive use of one or more means of distance communication (online, phone, sms, email) until and including when the contract is concluded;
Cancellation fee is the fee charged to the customer in the event of a cancellation, after the free cancellation limit, with the amount communicated at the time of booking.
No-show fee is the fee charged when the customer does not arrive at the place of boarding, within 10 minutes after the booked time (30 minutes for boarding at airports). The specified time limits can be increased with the driver's agreement only if the client notifies the driver of the delay before their expiration, in which case additional cost will be paid.
The contract is considered to be concluded with the CLIENT at the moment of receipt by the electronic mail and/or SMS or by telephone of the notification of acceptance of the reservation.
The contract is considered to have been concluded with the PARTNER upon receipt by the electronic mail, written and/or SMS or by telephone of the notification of acceptance of the compliance of the execution capacity of the service. In this regard, in order to manage as easily, quickly and accurately any request or phone notices as well as to improve the quality of the services offered, telephone calls will be recorded and used exclusively for these purposes.
Contractual rights and obligations are transferred to each Partner in a one-to-one relationship with each CLIENT for which he has accepted the honoring of any order from him.
2. USER REGISTRATION
In order to benefit from the Services offered by INDEX through the websites www.xtt.ro and www.xtaxitransfer.ro, you are obliged and you must guarantee that you will provide real, accurate and complete data about the User, as required by the registration form. The Site Holder reserves the right (and not the obligation) to verify the authenticity of the User's registration data. By accepting the terms and conditions, the User agrees to any checks that will be made by the site administrators as a safety measure for the reality and accuracy of the data provided. If it is found that the information provided by the User is inaccurate or inconsistent with the information provided by the law enforcement authorities, the Site Owner reserves the right to suspend or terminate the User's access to the Site Services and to refuse current or future attempts to access the Services offered on the Site. By accessing the Site and the Services provided, the User warrants to the Site Owner that he offers correct data and he is the sole responsibility for the information provided. Considering that through the application the owner of the application provides the user with digital content that is not supplied on a material basis and the delivery begins upon the user's prior request expressed by the registration of his/her data in the Site, the user will lose the right to withdraw after accessing the provided service through the application and accepted its deadlines.
3. BILLING DETAILS AND PAYMENTS
INDEX ensures the confidentiality of the data and information transmitted through its servers, or stored on them, as well as of the personal data that may be required from Users upon registration. Accessing the Services on the Site involves knowing the above rights and agreeing that contact details might be used by the Site Owner to send the User confirmation of service, various special offers, promotions etc., but only with the prior consent of it. The purposes of data collection are: advertising, marketing and advertising, as well as electronic communications services. INDEX uses security methods and technologies to protect personal data collected in accordance with applicable law and makes all reasonable efforts to protect the collected personal data. In the case of payments made with the credit card, the sale is made through the online payment solutions offered by Netopia Sistem SRL. In order to eliminate the risk that your data will be in possession of and abusively used by unauthorized persons: a) Netopia Sistem SRL guarantees the security of IT systems b) In the case of 3D Secure Payment for Visa or MasterCard cards, your card data is entered directly into Visa or MasterCard systems, and if your card has been issued by a bank certified in the 3D Secure system, the transaction authorization is do just after your login in this system - entering a secret code / password known only to you, similar to the PIN code for ATM transactions or entering an SMS security code.
4. MODIFICATIONS OF THE SERVICE
The Site Holder reserves the right to modify or interrupt, temporarily or permanently, the Services provided (wholly or in part). In this case, the Site Holder is not liable to the User or a third person for any modification, suspension or interruption of the services available through INDEX.
5. INTELECTUAL PROPERTY
The user expressly declares that he has acknowledged that all graphic creation, Site content and services are the property of INDEX. Except for information and graphics displayed by users, as well as graphic signs belonging to other entities. The User accepts that any software used in connection with the Services offered by the Site contains confidential and proprietary information and is protected by intellectual, industrial, and other applicable laws. The user undertakes not to reproduce, copy, sell or exploit the Services, information and / or audio-video materials he or she has access to as a result of the use of this Site, in whole or in part. The user is prohibited from modifying, copying, renting, disposing, lending, selling, distributing or creating derivative works based on the Services or programs used within the Site.
The user expressly declares that he / she accepts the following conditions:
6.1. Use of the Services made available on the Site is at his own risk
6.2. Requesting a reservation does not guarantee its confirmation of execution. The Company will make all reasonable efforts to provide a good-quality passenger vehicle, the class required in the reservation or, in case of unavailability, a reasonable alternative vehicle.
6.3. In the case of placement of an order followed by its non-confirmation, the amounts in the balance of the client will not be debited.
6.4. If the transport service has been executed by a PARTNER, it will always be liable for the CUSTOMER who made the reservation that the PARTNER accepted, within the LIABILITY LIMITS. In the case of a contract, the passenger is the sole responsibility of the PARTNER who carried out the transport.
6.5. In the event of the failure to execute the trip reserved and confirmed by one of the partners, INDEX reserves the right to replace the original carrier PARTNER with one suitable to fulfill the reservation according to the required car category.
6.6. If the designated driver or a substitute driver will not be present at the boarding place of a confirmed order, the customer's balance will be credited with the full value of the trip plus a fixed amount of compensation equal to 80% of the non-presenting fee charged to the customer. The Company is expressly absolved from any liability, including, but not limited to, indirect sales or compliance with specifications for a particular purpose.
6.7. INDEX Owner does not offer any warranty that:
- the services meet all users' requirements;
- the services will be uninterrupted, timely, secure or error free;
- program errors will be corrected.
6.8. The price of the reserved service (except for the taxi category) is calculated and displayed by the system at the time of the request. The displayed price is based on the length of the requested route and the estimated duration on the one hand and the time of the day - or night - or on weekends or legal holidays, on the other. It will remain fixed regardless of whether the duration or length of the race changes due to traffic conditions. Any additional request from the customer during the transport operation (modification of the route, additional stop/stops, extension of trip length) can only be honored with the driver's agreement and will entail an extra charge. The route originally chosen as the basis of the price calculation may be changed at the request of the customer only with the driver's agreement.
6.9. The agreed prices for subscription reservations can be modified by INDEX at any time, provided that the customer has been notified of the new prices at least 30 days in advance.
6.10. If the booking is made for more than 4 passengers, the customer will request cars from Van category or an appropriate number of 4-seater cars. It is forbidden to transport a number of passengers larger than the legal capacity of the car.
6.11.If pet transport is desired, the customer must specify this when booking, as well as the approximate size of the cage. It is forbidden to transport pets outside the cage for transport. Disabled accompanying dogs are exempt from this rule, but the presence of such a dog should be announced at the time of booking. We reserve the right to cancel a reservation at the boarding station if there is no prior information regarding the transport of animals.
6.12. All parking fees, motorway fees or bridge passage fees on the route will be payed by the customer unless otherwise specified by any other contract than these terms and conditions.
6.13. Index may refuse, at its discretion, any reservation if the account balance is negative at the time of booking. The company can also refuse any trip if the passenger or at least one of them is (in his opinion) intoxicated or under the influence of drugs. The right to refuse the trip also occurs if the luggage is too many or oversized and does not fit into the luggage compartment or if it does not fit in the luggage category.
6.14. Throughout the journey, smoking or drinking alcohol is prohibited inside the car.
6.15. During the journey, all passengers are required to wear seat belts.
7. LIMITATIONS OF LIABILITY
The User expressly accepts that the Site Owner will not be liable for any damages or direct, indirect, incidental, special damages, including, but not limited to, loss of profit, use, data or other loss intangible or immeasurable (even if the holder has previously been informed of the possibility of such losses), resulting from:
- use or inability to use INDEX Services;
- unauthorized access to or damage to User transmissions or data;
- statements or actions of a third party on the Site Services;
- any other issue related to the Site Services.
Also, we are not responsible for the loss caused by the failure to carry out other planned transport links, the customer has the responsibility to set the embarkation time to allow timely arrival for the embarkation, even if the time required to transport doubles estimated due to the specific traffic conditions encountered on the route. Within the General Terms, the Company will not be liable to the Customer and any delay or failure to perform any of its obligations under the Contract is not considered to be a breach of contract if the delay or failure is not caused by it.
Regarding the services in general, the liability of the Company for lost or damaged property as well as liability in the event of an accident or incident and body injury is ensured exclusively by insurance for the luggage carried as well as RCA and CASCO and these limits are periodically defined by authority.
Terms and conditions of transportation, as well as limitations of liability, apply to our employees and partners, to the same extent as applies to us.
8. NOTIFICATIONS AND COMMUNICATIONS
The Owner of INDEX may make notices regarding the change of Terms and Conditions or other matters by displaying notifications to Users in general on the Site or in mobile applications. Notices addressed to Users will be made electronically, by e-mail, SMS, telephone or post as appropriate in each case and if the user declares that he agrees to receive them.
9. FORTA MAJORA
10. APPLICABLE LAW
By accessing this Website, the User accepts that this Agreement and any dispute related to it is governed and construed in accordance with the laws of Romania, and the User agrees to submit to the exclusive jurisdiction of the Romanian courts, Ploiesti, jud. Prahova. INDEX does not warrant that the content of this Site is subject to the laws (including those of intellectual property) of other countries outside of Romania. If the User accesses this Site outside of Romania, he does so at his own risk and is solely responsible for complying with the laws of the country in which he is located.
11. SERVICES AND CONTENT SUPPLIED BY THIRD PARTIES
12. FINAL TERMS
In the event that after the Site is launched, Additional Services made available on the Site will be implemented, these Services will be subject to the same rules and conditions contained in these clauses, if they will not benefit from separate terms of the present. Termination of this agreement is without prejudice to any rights and / or obligations of the Company and / or Customer accumulated prior to the termination date. Index reserves the right to subcontract or delegate in any way any or all of its obligations under any contract to a third party or agent.
By accessing and registering your data on this Site you accept the above conditions and agree that it has the value of a contract, tacitly accepted, between the User and the Site Owner. If you do not wish to be registered and comply with the rules described above, please do not use the Services provided by this Site.
The present terms and conditions are subject to periodic review.