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Terms & Conditions

These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the Fliegxi Website/App - technology which connects passengers with drivers to help them move around cities more efficiently.
The term "us" or "we" refers to the owner of the Fliegxi Website/App, PROCHESTA GMBH, a private limited company, founded in Austria (Company Registration Number 506451g), whose place of business is at Siegfriedgasse 1, Vienna 1210.
In order to use Fliegxi Website/App you must agree to the terms and conditions that are set out below:

Definitions:
All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:

  • Account refers to the Rider’s account on the mobile application Fliegxi enabling the use of the Application by the Rider
  • “Website/App” shall mean the mobile application “Fliegxi” and shall mean and include any updates provided by Fliegxi from time to time.
  •  “Registration Data” shall mean and may include the present, valid, true and accurate name, Email ID, age and such other information as may be required by Fliegxi from time to time, provided by the Riders at the time of registration on the mobile application Fliegxi or otherwise.
  • “Rider” shall mean persons who have created an Account and use the Application.
  • Driver shall mean persons who have created an Account on the driver App and has full legitimacy of driving and transporting following the rules and regulations of local authority where he/she drives.
  • "You", “Your" or “Yourself” shall mean reference to the Rider or Driver accessing the Application.

1. Using the Fliegxi Website/App 1.1 Fliegxi provides an information society service and does not provide transport services. Transport services are provided by drivers under a contract (with you) for the carriage of passengers. Drivers provide transport services on an independent basis (either in person or via a company) as economic and professional service providers. Disputes arising from consumer rights, legal obligations or from law applicable to the provision of transport services will be resolved between the passengers and drivers. Data regarding the drivers and their transport service is available in the Fliegxi Website/App and receipts for journeys are sent to the email address listed in passenger’s profile.
1.2 When using the Fliegxi Website/App, you can choose whether to pay the driver for the transport service or use Fliegxi Website/App Payment. Payments for Fliegxi Business rides are handled by a separate agreement for Business journeys. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments.
1.3 During the installation of Fliegxi Website/App, passenger’s mobile number is linked to the respective Fliegxi user account and added to our database. If you are no longer using your mobile number, you must notify Fliegxi within 7 days so we can anonymize your account data. If you do not notify us about any change to your number, your mobile operator can might the same mobile number to a next person and when using Fliegxi Website/App, this new person can see your data.

2. Promotional Codes
2.1 Fliegxi may send you promotional codes on a per promotion basis. Promotional code credit can be applied towards payment on completion of a ride or other features or benefits related to the service and/or a Third Party’s service and are subject any additional terms that are established on a per promotional code basis. Expiration dates of promo codes will be reflected Website/App once you have applied the promo code to your account.
2.2 If your trip amount exceeds the redeemable credit allocated to your ride, the balance will be automatically deducted from your accounts payment method. Similarly, a promotional code credit only applies on a per ride basis and cannot carry over to a next ride/ trip and therefore will be forfeited. Only one promotional code may be applied per trip.
2.3 Fliegxi reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if Fliegxi deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.

3. Fliegxi Website/App Payment
3.1 You can pay for the transport services with a card, mobile carrier billing and other payment methods payment link, terminal. By providing Fliegxi Website/App Payment service, Fliegxi acts as commercial agent for the providers of the transport services. Your obligation to the provider of the transport service will be fulfilled when the payment order is given to transfer funds to Fliegxis’ bank account. You, as a passenger are responsible for ensuring that the payment and subsequent receipt to the Carrier's account take place and ensuring that sufficient funds are available.
3.2 When making payments by Fliegxi Website/App Payment, Fliegxi receives your payments and forwards money to the driver. Fliegxi may ask additional data from you to verify payment method.
3.3 When making payments by Fliegxi Website/App Payment for transport services, Fliegxi is not responsible for possible third-party payment costs (e.g. mobile operators, bank fees). These service providers may charge you additional fees when processing payments in connection with the Fliegxi Website/App Payment. Fliegxi is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.
3.4 Fliegxi will be responsible for the functioning of Fliegxi Website/App Payment and provide support in resolving problems. The resolution of disputes related to Fliegxi Website/App Payment also takes place through us. For payment support service please contact: contact@Fliegxi.com. Inquiries submitted by e-mail or Fliegxi Website/App will receive a response within one business day. Fliegxi will resolve Fliegxi Website/App Payment related complaints and applications within two business days.
3.5 Fare, You may be offered to use a ride option that allows you to agree to a fixed Fare for a given instance of Transportation service provided by the Driver. Fare is communicated to you via the Fliegxi Website/App before the ride is requested. The Fare may be adjusted if you change the destination during the ride, the ride takes materially longer than estimated due to traffic or other factors, or when other unexpected circumstances impact the characteristics of the ride materially (e.g. a route is used where tolls apply).
3.6 Fliegxi may offer you to use wallet that you can top up using our online payment methods. This wallet balance will be used only for paying our service. You may share your wallet balance to our rider or driver only for the purpose of service fee of our products. Any kind of misuse may give us right to hold your account and transaction immediately.

4. Ordering and canceling transport services
4.1 If you order a transport service and the driver has agreed to undertake the work then the transport service is considered to be ordered.
4.2 Once a driver confirms that he/she will complete your journey, you will enter into a separate agreement with the driver for the provision of the journey on such terms and conditions as you agree with the driver. Fliegxi does not provide journeys and is not a party to your agreement with the relevant driver.
4.3 Cancelling the use of an ordered transport service is considered to be the situation where the driver has replied to your request and you subsequently reject, cancel or refuse the transport service. When a transport service request is cancelled after certain time period you are maybe required to pay a cancellation fee.
4.4 If you cancel a transport service request on multiple successive instances within 24-hour we may temporarily block your account for warning. After multiple such warnings, we may suspend your account for longer period (e.g 3 months). After that period you could ask to reactivate your account and your application will be reviewed by Fliegxi.
4.5 When driver notifies the passenger about the arrival of the vehicle to its destination and passenger or people for whom the transport was ordered do not arrive at the vehicle within certain time period as specified in the Fliegxi Website/App, the request will be deemed cancelled. Sometimes driver may decide to cancel your request, please note that Fliegxi is not responsible for such situations.
4.6 Once the driver arrives and sends you a notification that he/she has arrived the Fliegxi Website/App may begin charging fare on a waiting time basis according to the rates specified in the Fliegxi Website/App.
4.7 If you have requested transport services using the Fliegxi Website/App and cause damage to the driver’s vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), the driver will have the right to require you to pay a penalty of 50 EUR and require compensation for any damages exceeding the penalty. If you do not pay the penalty and/or compensate the damage, Fliegxi may pursue the claims on behalf of the provider of the transport service.

5. License to use Fliegxi Website/App
5.1 As long as you comply with these General Terms and Conditions, we agree to grant you a royalty free, revocable, non-exclusive, right to access and use the Fliegxi Website/App in accordance with these General Terms and Conditions, the Privacy Notice and the applicable app-store terms. You may not transfer or sub-license this right to use the Fliegxi Website/App. In the event that your right to use Fliegxi Website/App is cancelled, the corresponding non-exclusive license will also be cancelled.

6. Liability
6.1 As the Fliegxi Website/App is an information society service (a means of communication) between passengers and drivers, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of transport services. As the usage of Fliegxi Website/App for requesting transport services depends on the behaviour of the drivers, Fliegxi does not guarantee that you will always have offers available for the provision of the transport services.
6.2 The Fliegxi Website/App does not offer broker transport services for passengers. It is also not an transport agency service for finding passengers for transport providers. The Fliegxi Website/App is used as the means for organising the provision of transport services.
6.3 The consumer’s right of refund is not applied to Fliegxi Website/App orders. Requesting a refund from the transport service does not withdraw you from the agreement in the course of which the provision of the transport service was ordered.
6.4 The Fliegxi Website/App is provided on an "If is" and “If available” basis. Fliegxi does not represent, warrant or guarantee that access to Fliegxi Website/App will be uninterrupted or error free. In case of any faults in the software, we will endeavour to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee that the app will function at all times, for example a public emergency may result in a service interruption.
6.5 Fliegxi, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using Fliegxi Website/App or relying on and which is not connected with the service of Fliegxi Website/App, the journey contracted for through the Fliegxi Website/App, including but not limited to:
6.5.1. any direct or indirect property damage or monetary loss;
6.5.2. loss of profit;
6.5.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
6.5.4. loss or inaccuracy of data; and
6.5.5. any other type of loss or damage.
6.6 The financial liability of Fliegxi in connection with breach of the contract will be limited to 500 euros. You will have the right to claim for damages only if Fliegxi has deliberately violated the contract. Fliegxi will not be liable for the actions or inactions of the driver and will not be liable for damages that the driver causes to the passengers.
6.7 You agree to fully indemnify and hold Fliegxi, their affiliate companies, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the Fliegxi Website/App (including the journeys you obtain through your use of the Fliegxi Website/App).
6.8 Fliegxi may immediately end your use of the Fliegxi Website/App if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of Fliegxi or the safety of drivers.

7. Good practice using the Fliegxi Website/App
7.1 As Fliegxi is not a provider or broker of the transport services, any issues with defects or quality of the transport services will be resolved in accordance with the legislation on transport services.
7.2 We ask to fill out a feedback form in the Fliegxi Website/App. This enables us to offer suggestions to the drivers for improving the quality of their service.
7.3 We expect that you use Fliegxi Website/App in good faith and be respectful of the drivers who offer their services through Fliegxi Website/App. Fliegxi retains the right to close your account if you have violated the terms set out in this General Terms and Conditions or if your activities are malicious, i.e. withholding payment for the provision of the transport service, fraud, being disrespectful towards the drivers, etc. In these cases, your Fliegxi Website/App account may be revoked without prior notice.
7.4 Fliegxi will make every effort to ensure that only drivers, who have integrity and are respectful of their profession and passengers, use the Fliegxi Website/App. However, we are in no position to guarantee that every provider of transport services, located by the Fliegxi Website/App, satisfies the aforementioned criteria at all times. If you experience objectionable transport service, please notify the company responsible for the service, a supervisory authority or our customer support.

8. Amendments to the General Terms and Conditions
8.1 If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail or Fliegxi Website/App notifications. If you continue using Fliegxi Website/App, you will be deemed to accept the amendments.

9. Final Provisions
The General Terms and Conditions will be governed by and construed and enforced in accordance with the laws of Republic of Austria. If the respective dispute resulting from General Terms or Agreement could not be settled by the negotiations, then the dispute will be finally solved in High County Court in Vienna, Austria. If any provision of the General Terms is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.

Date of entry into force: 20.04.2021

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