General Terms of Use (GTU)

Last update on June 2021

By making a Booking you agree to these GTU.

Karhoo Europe (UK) Ltd a limited liability company, registered in England and Wales under the number 10623359, that has its registered address at c/o Wework, 2 Eastbourne Terrace, London W2 6LG. VAT registration number: GB 274845174

General information

The Application allows users to obtain, via the MarketPlace Service, quotes for, to book and pay for taxi rides directly from Fleets which are connected to the Application.

These GTU constitute the contract entered into between you and Karhoo in respect of your Booking, as well as setting out your rights and obligations.

IMPORTANT NOTE

The Application facilitates your Booking and taking taxi journeys directly with Fleets.
This means your contract for the actual journey or transportation service is direct with the Fleet you choose and it is their terms that will govern how you interact with the Fleet. The relevant Fleet Terms, including cancellation policy, will be presented to you when you choose to make a Booking on the Application. That Journey will be governed by those terms.
Each Fleet has its own terms, so terms may differ depending on which Fleet you choose to make a Booking with. The system of law that governs those Fleet Terms may also differ depending on the place for which you are making the Booking and as such your rights and obligations may vary from place to place.
You must read the Fleet Terms carefully before making any Booking.
We do not provide transportation services and do not take any responsibility for provision of them by the Fleets or Drivers you may choose to book with.
We do not act as a principal for the purposes of any ground transportation service.

Definitions

The following definitions apply to these GTU, unless otherwise required by the context, terms and definitions expressed in the singular form shall include the plural form and vice versa:

"Booking" means your booking of a Journey, via the MarketPlace Service, made using the Application.

“Booking Fee” is a separate fee to the Fare and any ancillaries and is calculated as a percentage mark-up to the Fare or the Cancellation Fee in consideration of the MarketPlace Service; the mark-up will generally be 10%.

“Cancellation Fee” is a fee due to the cancellation of a particular Booking calculated in accordance with the relevant Fleet Terms.

"Driver" means the driver providing a Journey through a Fleet.

"Fare" means the price charged by a Fleet or a Driver (as relevant) for a Journey; this includes any ancillary charges that you may incur during or in respect of a Booking or a Journey, including Cancellation Fees.

"Fleet" means a firm that provides Journeys or operates a service enabling you to book Journeys from Drivers.

"Fleet terms" means terms of a Fleet that govern a particular Booking and any Journey with a Fleet.

"GTU" means these general terms of use.

"including" is not to be taken as limiting a general concept by reference to any examples given and is to be read as “including but not limited to

"Journey" means a road transportation service provided to you by a Fleet and/or a Driver under a Booking.

"Marketplace service" means the service provided by Fleets through the Application allowing you to make requests to Fleets for Bookings and take Journeys under a Booking that you have made.

"Offer" means an offer to provide transportation services made by a Fleet in response to a request that you have made using the Marketplace Service.

"Total charge" means the Fare and the Booking Fee, and any taxes on them.

"you" means you, the user of the Application.

"we", "our", "us", "Karhoo" means Karhoo Europe (UK) Ltd a limited liability company, registered England and Wales under the number 10623359, that has its registered address at c/o Wework, 2 Eastbourne Terrace, London W2 6LG. VAT registration number: GB 274845174 operating under the name Karhoo.

References to one gender imply other genders.
Booking procedure, acceptance of the GTU and the Fleet Terms
1. The Application allows you to "Search" and view the various Offers for a Booking from Fleets in the area you choose to search.
2. By accessing or using the MarketPlace Service through the Application, you agree to be bound by these GTU. Each time you make a Booking you accept, and agree to be bound by, the latest version of these GTU displayed on the Application which Karhoo may modify from time to time without further notice
3. In order to make a Booking you must accept the relevant Fleet Terms for that Booking and those Fleet Terms will govern that Booking. You acknowledge that each Fleet has its own Fleet Terms and that these may vary from Fleet to Fleet and, therefore, Booking to Booking. When you make a Booking, you understand and accept that you are entering into a contract directly with the relevant Fleet with which you have made the relevant Booking, and you accept that you will be bound by the Fleet Terms of that Fleet in respect of the relevant Booking and Journey.
4. After making a Booking with a Fleet, you will be sent an email and an SMS confirming the main elements of the Booking and, in particular, an overview of the Journey to be provided and a unique Booking reference. If you have not received that confirmation within 24 hours of making a Booking, you should contact customer services at the email provided at the beginning of these GTU.
5. You are able to modify the information you have entered on the Application until you have made the Booking with a Fleet (in practice until you have clicked on the 'Confirm and Pay' (or similar) button). However, after you have clicked on 'Confirm and Pay' (or similar), you will no longer be able to change your Booking; if you have made an error you must cancel the Booking and then you may make a new one.
6. We are not a party to the contract between you and each relevant Fleet and/or Driver for each Booking you make, and you agree that we do not provide any guarantees or accept any liability in relation to the performance of the underlying transportation service or Journey. We are not the agent for any relevant Fleet or Driver in respect of the services any of them may agree to provide to you through the MarketPlace Service or otherwise; rather, the MarketPlace Service is to facilitate your connecting to Fleets and Drivers in order to make Bookings.
7. You agree that we do not provide any transportation service in respect of any Booking or Journey and we do not act as a transporter or provider of transport services in respect of any Journey or Booking.
8. Each set of Fleet Terms provide important information about your relationship with the relevant Fleet and its Drivers, including in relation to insurance policies, and additional or cancellation fees for which you may be liable. Any modification or cancellation of the Booking must be made in accordance with the relevant Fleet’s Fleet Terms, which may impose a Cancellation Fee or which may result in a repayment to you. We collect Fares and other payments due to Fleets through the Application, however the amount of the Fare, and any reimbursement that may be due, are set by the relevant Fleet and governed by its Fleet Terms.
9. Save as set out above in clause 2.8, payments made through the Application (including the collection of Fares) are subject to these GTU, unless otherwise expressly in these GTU.
Changes to the Application and to these GTU
1. The current version of these GTU apply to your Booking and the MarketPlace Service. If certain elements of the MarketPlace Service are governed by different rules to those in these GTU, you will be provided with those relevant rules for the relevant part of the MarketPlace Service prior to making any Booking.
2. We may modify these GTU to reflect changes to the Application or the MarketPlace Service, changes in law or changes in the way we, our industry operates or for any other reason. By continuing to access and use the Application for bookings, you agree to be bound by the latest version of these GTU displayed on the Application. Any change to the GTU will not affect the Total Charges for a Journey in respect of a Booking made prior to any amendments to these GTU.
3. If these GTU are modified between a Booking and the start of a Journey, the version of these GTU current at the time you made the Booking will continue to apply to that Booking and in respect of any relevant Journey.
Prices and Payments
1. The Total Charge displayed on the Application for an Offer or for a Booking, which may be expressed to be an estimate, will be inclusive of taxes and will include the Fare and the Booking Fee. You will be charged in the local currency for the place where the Journey is to take place; this includes any pre-authorisation. Your bank statement may include reference to “Karhoo” to identify the service in relation to which payment is made.
2. The Application prices Bookings in two ways:
  - Fixed Price:
    a fixed price will only change with the addition of ancillary costs, depending on your Journey (waiting time, addition of intermediate stages, address changes, toll roads, etc.) as per the relevant Fleet’s Fleet Terms;
    
    where you make Booking for a fixed price, the Booking Fee will be included in the Total Charge displayed to you on the Application;
    
    therefore, the price displayed on the Application, in this case will be the final Total Charge, unless you become liable for additional costs as set out above.
  - Estimated Price:
    an estimated price is an estimate of the cost of the Journey subject to external variables such as traffic density, which may modify the final price which will be based on the vehicle’s taximeter;
    
    the final metered price will be calculated and charged to you once the Journey is complete;
    
    the Booking Fee will be based on the final metered price.
3. In either case (fixed price or estimated price), any additional costs (for example, costs that may be due if you cancel or modify a Booking) you incur in addition to the Total Charges will be charged to you according to the relevant Fleet Terms, which you will have accepted before making the relevant Booking.
4. After a Journey has been completed, or if a Booking is cancelled before the Journey has been completed, the amount corresponding to the Total Charge or the relevant Cancellation Fee due will be charged to the method of payment you have nominated on the Application.
5. At the time you make a Booking, we will seek payment pre-authorisation on your method of payment. Some payment institutions may display this pre-authorisation on your account. Funds will not be deducted from the account until the Journey has been completed or where a Cancellation Fee is due, however there may be a reduction in the amount of funds available to you in the meantime corresponding to the amount pre-authorized. This pre-authorisation shall be for the Total Amount and may be increased to cover the contingency of (a) a difference between the estimated price and the final price for estimated fares and (b) additional payments (toll roads, waiting time), plus all relevant taxes. If the final price of the Journey is higher than the amount of the pre-authorisation, the difference will be also deducted from your preferred payment source in a separate transaction after the relevant Journey. In the event of cancellation where there is no Cancellation Fee, the pre-authorisation will be cancelled, and the amounts will be released in accordance with the operating rules of your payment institution.
6. Only payments made through the Application are accepted. Cash Payments are not accepted. Once made payments are not refundable. You must not make payment directly to Drivers in respect of any Journey or Booking.
7. If we make promotional offers, these may be subject to certain specific requirements and/or conditions specified on the Application. Any promotional offers may then be removed from the Application at any time and without notice to you. Removal of any promotional offers will not affect Bookings made under them.
8. Rights of Withdrawal: you agree that none of the services offered on the Application are subject to the withdrawal right, provided in consumer rights laws , including under the EU Consumer Rights Directive, the UK Consumer Rights Act and any similar or an alogous laws in any place in the world.
9. We shall take all reasonable steps to protect the payment data from unauthorised access by third parties.
Insurance
We do not take out any insurance policy/guarantee to cover your, other passengers, any third parties and/or any of their belongings. Policies out in place by Fleets or Drivers will be subject to their own terms and may be subject to the relevant Fleet Terms.
Eligibility to use the Application / MarketPlace Service
1. The MarketPlace Service may be used only by persons, who can form legally binding contracts. You represent that you have the right, authority and capacity to agree to these GTU and to any relevant Fleet Terms.
2. You are the sole authorised user of your account on the Application and are responsible for maintaining the confidentiality of any password you use to access and use your account or the Application. You are solely and fully responsible for all activities that occur on your account and you are obliged to pay for all Bookings made through your account. We have no control over the use of your account and we expressly disclaim any liability derived from its use, unless otherwise set out in these GTU. Should you suspect that any unauthorised party may be using your password or account or you suspect any other breach of security, you must contact us immediately. We are only liable for an unauthorised Booking on your account, if you have notified us that your account has been compromised and we have failed to block it in a reasonable time and a Booking is made after a reasonable time has elapsed that we cannot cancel.
3. The MarketPlace Service may not be used by minors unless their legal representative/guardian provides consent.
4. You must ensure that all the information you provide when making a Booking is complete and accurate. You shall be liable for any additional charges borne by us as a result of incomplete or inaccurate information you have provided.
Intellectual property
1. We and/or our licensors (the "Rightsholder") own and shall retain ownership in all the intellectual property rights in and to the Application and the MarketPlace Service. These rights include the rights relating to databases, copyright, patents, industrial designs as well as trademark rights (and, in particular, trademarks displayed on the Application).
2. You agree that the Application and each of its components, including all intellectual property rights associated with it, are the exclusive property of the relevant Rightsholder. Any full or partial reproduction or representation of the Application or any of its components, without our consent or that of our licensors is prohibited.
3. Save as necessary to use the Application, other than with the prior, written approval of us or our licensors you undertake not to use, reproduce, adapt, modify, create derivative works, distribute, grant a licence over, sell, transfer, present publicly, transmit, disseminate or operate in any other manner, the Application or any of its components.
4. All the other trademarks, logos, service marks, corporate name or product names appearing on the Application shall remain the intellectual property of their respective owners.
Undertakings of the User
You must:
- use the Application in a manner that is compliant with all applicable laws and these GTU;
- ead and abide by each relevant set of Fleet Terms;
- not use a robot, search applications or other manual or automatic tool to extract, index, “data mine” or reproduce or circumvent in any other manner the structure and presentation of the Application or its content;
- not use the Application in a manner that could damage, deactivate, overload, affect, interfere with or compromise our IT systems, the servers, security or networks connected to the Application, or interfere with other users use of the Application or the supply of the MarketPlace Service;
- not transmit or download content which is defamatory, offensive, false, misleading, inaccurate or otherwise challengeable, in relation to the use of the Application;
- not post, distribute or reproduce in any manner whatsoever, content that is protected by copyright, trademark rights or business secrecy;
- not "frame" or create a mirror site of the Application, use meta-tags, code or other devices which contain references to the Application, with the aim of redirecting visitors to another site for any purpose whatsoever.
- keep the operating system on your device upto date.
Disclaimer of Warranties
- KARHOO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE APPLICATION. KARHOO DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE APPLICATION OR MARKETPLACE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE APPLICATION OR MARKETPLACE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION OR MARKETPLACE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION OR MARKETPLACE SERVICE WILL BE CORRECTED, OR (F) THE APPLICATION, MARKETPLACE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE OR APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE APPLICATION IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY KARHOO. KARHOO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Internet Delays
- THE APPLICATION AND/OR MARKETPLACE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. KARHOO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Liability
1. We are not party to any contract between you and any Fleet or Driver. We are not liable for the supply of any transport service or for any act or omission of a Fleet or a Driver. We have no control over the way in which a Fleet or Driver supplies or undertakes a Journey.
2. You accept that our responsibility is limited to providing the technological means to enable users to book transport services from independent providers of transportation services. We do not provide and we have no control over how a transportation service is provided by any Fleet or Driver. We are not an agent for any Fleet or Driver in respect of their provision of transportation services and we do not operate as a taxi, limousine or chauffeur company.
3. We are not to be held liable:
  
  (I) if you have not complied with your obligations under these GTU or you are in breach of your legal obligations;
  
  (II) in the event of an unforeseeable action or omission by a third party beyond our control that has prevented us from performing any of our obligations; or
  
  (III) in the event of circumstances outside our control.
4. IN THE EVENT THAT WE DO HAVE ANY LIABILITY TO YOU AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT:
  
  (I)     WE SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, IN PARTICULAR, LOSS OF BUSINESS OR EXPENSES INCURRED DUE TO HAVING A TRANSIT CONNECTION;
  
  (II)     OUR LIABILITY UNDER THESE GTU OR OTHERWISE TO YOU SHALL NOT EXCEED THE AGGREGATE AMOUNT OF THE BOOKING FEES YOU HAVE PAID;
  
  (III)   WE SHALL NOT BE LIABLE TO YOU IN THE EVENT OF: (A) ANY FAILURE OF YOUR MOBILE DEVICE (INCLUDING IF IT LOSES POWER OR CONNECTIVITY FOR ANY REASON OR (B) ITS SOFTWARE OR IF THE SOFTWARE IS NOT KEPT UP TO DATE) OR (C) FAILURE/DISRUPTION OF TELECOMMUNICATIONS NETWORKS (INTERNET, TELEPHONY...).
  
  IN ANY EVENT, WE AND/OR ANY OF OUR OR THEIR PARTNERS/SUBCONTRACTORS ARE NOT LIABLE TO YOU FOR ANY FAULT OR LOSS IN CONNECTION WITH JOURNEY PROVIDED BY ANY FLEET AND/OR THEIR DRIVERS.
5. Nothing in these GTU excludes any liability which by applicable law may not be excluded. In respect of Bookings made in the UK or the EU, nothing in these GTU exclude our liability for death or personal injury caused by our negligence.
Confidentiality
You agree not to use the technical, financial or strategic information, or other trade secrets or confidential information about or in connection with our activities, operations or properties (our "Confidential Information") which we may have disclosed to you as part of the MarketPlace Service. You must not disclose our Confidential Information to any third party and you must preserve the confidentiality of, and avoid the disclosure or use of, our Confidential Information, including preventing any of it falling into the public domain.
Customer services - claims
Requests for information, clarification, to track bookings, complaints or payment issues (including refunds and chargebacks) that relate to a Booking should be communicated to Karhoo by e-mail or telephone at the contact details set out at the beginning of these GTU. You are encouraged to send your claim within 30 days of the Booking or Journey. Our involvement with any claim or request does not imply that we have any liability for it and shall not be construed as admission liability. We shall transfer any claim or complaint you make to us in relation to the provision of a Journey to the relevant Fleet
Termination
1. Either you or we may terminate your use of the Application at any time, for any reason or for no reason and without notice. Termination of your account by you will constitute a cancellation of any untaken Booking, each of which may bear a Cancellation Fee.
2. We may also terminate these GTU and your use of the Marketplace Services if:
  
    (I) you fail to maintain accurate, complete and up-to-date information in your account or we are unable to verify or authenticate any information you provide to us;
  
    (II) we believe that your actions may cause financial loss or legal liability for us or our other users; or
  
    (III) we suspect that you have engaged in fraudulent activity in connection with the Application or the MarketPlace Services.
3. We reserve the right, but are not obligated, to investigate and terminate your use of the Application or the MarketPlace Services if:
  
  (I) you have misused the Application or the MarketPlace Services;
  
  (II) you have behaved in a way which could be regarded as inappropriate;
  
  (III) your conduct is unlawful or illegal; or
  
  (IV) you have breached any terms of these GTU.
4. WE HAVE NO OBLIGATION TO PROVIDE ANY COMPENSATION TO YOU FOR ANY COSTS INCURRED FOR USE OF THE APPLICATION OR MARKETPLACE SERVICES IF THESE GTU ARE TERMINATED DUE TO CLAUSE 15 AND SHALL OTHERWISE DETERMINE WHETHER TO PROVIDE ANY COMPENSATION ON A CASE BY CASE BASIS IN OUR SOLE DISCRETION
5. Upon the termination of these GTU:
  
  (I) all rights granted to you under these GTU shall cease; and
  
  (II) you must immediately cease all activities authorised by these GTU, including your use of any Services or the Application; and
Personal data processing
Please refer to the Data Protection Policy available at the point of Booking.
Governing law and jurisdiction
1. These GTU and all the contractual and non-contractual obligations arising in any way from, or in connection with them are governed by and construed according to English Law.
2. Subject to your rights at law, any dispute or challenge in relation to the validity, formation, construction, performance and/or termination of these GTU is subject to the jurisdiction of the English courts. The User, however, may also apply to the consumer mediator, instigate contractual mediation proceedings or any other method of alternative dispute resolution provided in consumer rights laws, including under the EU Consumer Rights Directive and the UK Consumer Rights Act.
Miscellaneous
1. In the event of one of the clauses of the GTU being declared null and void due to a change in legislation or regulations, or pursuant to a court judgment, such nullity shall under no circumstances affect the validity of the other clauses of the GTU and these remaining provisions shall be enforced.
2. We may assign or novate these GTU.
3. These GTU constitute the whole agreement between you and us with the respect to any Offer, Booking or Journey.