These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the LuLu Taxi 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 LuLu Taxi app, LuLu Taxi Limited, is a Private Limited Company incorporated in England with registered number 11633843 of 24 High Street, Chatham, Kent ME4 4EP. Depending on the location the LuLu Taxi app and related services might be provided by LuLu Taxi group companies and partners (local subsidiaries, representatives, affiliates, agents etc). The list of LuLu Taxi group companies and partners is available at http://www.lulu.taxi/contact
In order to use LuLu Taxi app you must agree to the terms and conditions that are set out below:
1. Using the LuLu Taxi app
1.1 LuLu Taxi and LuLu Taxi group companies and partners provide an information society service and do 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 LuLu Taxi app and receipts for journeys are sent to the email address listed in passenger’s profile.
1.2 When using the LuLu Taxi app, you can choose whether to pay the driver for the transport service or use LuLu Taxi in-App Payment. Payments for LuLu Taxi 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 LuLu Taxi app, passenger’s mobile number is linked to the respective LuLu Taxi user account and added to our database. If you are no longer using your mobile number, you must notify LuLu Taxi and LuLu Taxi group companies and partners 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 LuLu Taxi app, this new person can see your data.
2. Promotional Codes
2.1 LuLu Taxi and LuLu Taxi group companies 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 in-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 LuLu Taxi reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if LuLu Taxi deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.
3. LuLu Taxi in-App Payment
3.1 You can pay for the transport services with a card, mobile carrier billing and other payment methods (e.g.: LuLu Taxi Business etc), which require prior activation in the LuLu Taxi app. By providing LuLu Taxi in-App Payment service, LuLu Taxi and LuLu Taxi group companies and partners act 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 LuLu Taxi and LuLu Taxi group companies and partners bank account. You, as a passenger are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.
3.2 When making payments by LuLu Taxi in-App Payment, LuLu Taxi and LuLu Taxi group companies and partners receive your payments and forward money to the driver. LuLu Taxi and LuLu Taxi group companies and partners may ask additional data from you to verify payment method.
3.3 When making payments by LuLu Taxi in-App Payment for transport services, LuLu Taxi and LuLu Taxi group companies and partners are not responsible for possible third-party payment costs (mobile operators, bank fees etc). These service providers may charge you additional fees when processing payments in connection with the LuLu Taxi in-App Payment. LuLu Taxi and LuLu Taxi group companies and partners are 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 LuLu Taxi and LuLu Taxi group companies and partners will be responsible for the functioning of LuLu Taxi in-App Payment and provide support in resolving problems. The resolution of disputes related to LuLu Taxi in-App Payment also takes place through us. For payment support service please contact: email@example.com. Inquiries submitted by e-mail or LuLu Taxi App will receive a response within one business day. LuLu Taxi and LuLu Taxi group companies and partners will resolve LuLu Taxi in-App Payment related complaints and applications within two business days.
4. Ordering and cancelling 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. LuLu Taxi and LuLu Taxi group companies and partners do 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 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.: 6 month). After that period, you could ask to reactivate your account and your application will be reviewed by LuLu Taxi or LuLu Taxi group companies and partners.
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 LuLu Taxi app, the request will be deemed cancelled. Sometimes driver may decide to cancel your request, please note that LuLu Taxi and LuLu Taxi group companies and partners are not responsible for such situations.
4.6 Once the driver arrives and sends you a notification that he/she has arrived the LuLu Taxi app may begin charging fare on a waiting time basis according to the rates specified in the LuLu Taxi app.
4.7 If you have requested transport services using the LuLu Taxi 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 (fifty pounds and 00 pence) and require compensation for any damages exceeding the penalty. If you do not pay the penalty and/or compensate the damage, LuLu Taxi and LuLu Taxi group companies and partners may pursue the claims on behalf of the provider of the transport service.
5. License to use LuLu Taxi 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 LuLu Taxi 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 LuLu Taxi app. In the event that your right to use LuLu Taxi app is cancelled, the corresponding non-exclusive licence will also be cancelled.
6.1 As the LuLu Taxi 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 LuLu Taxi app for requesting transport services depends on the behaviour of the drivers, LuLu Taxi and LuLu Taxi group companies and partners do not guarantee that you will always have offers available for the provision of the transport services.
6.2 The LuLu Taxi app does not offer or broker transport services for passengers. It is also not a transport agency service for finding passengers for transport providers. The LuLu Taxi 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 LuLu Taxi 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 LuLu Taxi app is provided on an "as is" and “as available” basis. LuLu Taxi and LuLu Taxi group companies and partners do not represent, warrant or guarantee that access to LuLu Taxi 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 LuLu Taxi and LuLu Taxi group companies and partners, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using LuLu Taxi app or relying on, the journey contracted for through the LuLu Taxi app, including but not limited to: any direct or indirect property damage or monetary loss; loss of profit; loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business; loss or inaccuracy of data; and any other type of loss or damage.
6.6 The financial liability of LuLu Taxi or LuLu Taxi group companies and partners in connection with breach of the contract will be limited to £500 (five hundred pounds and 00 pence). You will have the right to claim for damages only if LuLu Taxi or LuLu Taxi group companies and partners have deliberately violated the contract. LuLu Taxi and LuLu Taxi group companies and partners 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 LuLu Taxi and LuLu Taxi group companies and partners, 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 LuLu Taxi app (including the journeys you obtain through your use of the LuLu Taxi app).
6.8 LuLu Taxi and LuLu Taxi group companies and partners may immediately end your use of the LuLu Taxi app if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of LuLu Taxi and LuLu Taxi group companies and partners or the safety of drivers.
7. Good practice using the LuLu Taxi app
7.1 As LuLu Taxi and LuLu Taxi group companies and partners are 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 rules and regulations of the transport service provider or the relevant public authority.
7.2 We ask to fill out a feedback form in the LuLu Taxi app. This enables us to offer suggestions to the drivers for improving the quality of their service.
7.3 We expect that you use LuLu Taxi app in good faith and be respectful of the drivers who offer their services through LuLu Taxi app. LuLu Taxi and LuLu Taxi group companies and partners retain 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 LuLu Taxi app account may be revoked without prior notice.
7.4 LuLu Taxi and LuLu Taxi group companies and partners will make every effort to ensure that only drivers, who have integrity and are respectful of their profession and passengers, use the LuLu Taxi app. However, we are in no position to guarantee that every provider of transport service, located by the LuLu Taxi 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 LuLu Taxi app notifications. If you continue using LuLu Taxi app, you will be deemed to accept the amendments.
9.1 Applicable law: English law will apply to all disputes and the interpretation of these Passenger Terms. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service.
9.2 Enforceability and waiver: If any provision of these Passenger Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Passenger Terms shall not be deemed a waiver of such term.