GENERAL TERMS AND CONDITIONS OF CONTRACTING OF RIDE NOW S.R.L
Ride Now S.R.L (hereinafter referred to as 'Ride Now'), represented by Mr. Eliel Saac Bassa Lopez (Chief Executive Officer), with its registered office at Calle Primera #20, Urbanizacion Ofelia, with Mercantile Registry Number 203969SD, with National Taxpayer Registry Number (RNC): 133201615, will organize transportation services through the booking platform www.ridenow.do; these services will be provided by taxi and car rental companies registered in Ride Now (hereinafter 'PROVIDER' or 'PROVIDERS') for taxi and car rental customers (hereinafter 'USER' or 'USERS'). The term 'rental cars' hereafter refers to vehicles with a driver (booking classes: Economy, Executive, and First Class).
1. Scope of Application
It is of great importance for Ride Now to maintain total transparency towards all parties and that all parties have confidence in the services offered. For this reason, these General Contracting Conditions of Ride Now will apply as the basis for all commercial relationships between USERS and Ride Now. This includes all offers made to USERS for passenger transport through Ride Now, the contracting of such services by Ride Now, and any other use of the platform or its services. The General Contracting Conditions of the PROVIDERS or USERS will only become part of the contract if their applicability has been expressly agreed and Ride Now has given its written consent.
2. Object of the Agreement
The passenger transport services provided by the PROVIDERS to the USERS are managed through Ride Now. Ride Now allows PROVIDERS to offer their services to Ride Now USERS. PROVIDERS publish their transport service offers on Ride Now, including their qualifications, vehicles, prices, and other relevant data for their services, and Ride Now presents this service offer to USERS on behalf of the PROVIDERS. Through Ride Now, the USER can search for available vehicles and transport capacities and book them through this platform. Ride Now will act as an agent between the PROVIDER and the USER regarding these passenger transport services. The commercial relationship established for the purpose of such passenger transport will only exist between the PROVIDER and the USER.
3. Conclusion of the Contract, Contract Modifications
3.1. Organization of passenger transport services provided by taxi companies
In the transport of passengers by taxi companies in their capacity as PROVIDERS, Ride Now will act exclusively as a booking agent for these PROVIDERS and will present the service offers of the PROVIDERS on Ride Now on their behalf. USERS search for and find suitable transport services on Ride Now and select them there. Ride Now then forwards the requests of the USERS to the corresponding PROVIDER, who is the selected service provider. The USER receives a provisional and non-binding reservation confirmation from Ride Now immediately after the completion of the query. The passenger transport service contract will not be concluded until the job has been accepted by the PROVIDER. The contract will be concluded exclusively between the USER and the selected PROVIDER. The conclusion of this contract will be documented by a binding reservation confirmation sent by Ride Now on behalf of the PROVIDER to the USER. The transport service will be provided by the PROVIDER. The transport service will be billed based on the contractual and legal provisions (e.g., the taxi fare) between the PROVIDER and the USER. The management of the accounts for passenger transport services for the USER may be contractually entrusted to Ride Now on behalf of the PROVIDER.
3.2. Provision of passenger transport services by car rental companies
In the case of passenger transport by car rental companies in their capacity as PROVIDERS, Ride Now will act exclusively as a booking agent and will present the service offers of the PROVIDERS on Ride Now on their behalf. USERS search for and find suitable transport services on the Ride Now platform and select them there. Ride Now verifies the availability of the reservation query selected by the USER. Once the availability is confirmed and the transport job is booked in the PROVIDER's system, the USER will receive a binding reservation confirmation from Ride Now on behalf of the selected PROVIDER. The passenger transport service contract will be concluded exclusively between the PROVIDER and the USER. The transport service will be provided by the PROVIDER. The transport service will be billed based on the contractual provisions between the PROVIDER and the USER. The management of the accounts for passenger transport services for the USER may be contractually entrusted to Ride Now on behalf of the PROVIDER.
4. Prices, Rates, and Payment Conditions
The use of Ride Now services as part of an 'Individual Account' on Ride Now is free. For the use of Ride Now services as part of a 'Corporate Account' on Ride Now, Ride Now reserves the right to contractually agree on a fixed monthly user fee. Additionally, Ride Now reserves the right to offer USERS, on behalf of the PROVIDERS, various booking classes with different prices. There are three booking classes for rental cars (Economy, Executive, and First Class) and one booking class for taxis (Taxi). The individual booking classes differ in terms of vehicle category, waiting time, and service provided (especially regarding drinks, newspapers in the car, etc.).
4.1. Electronic Payment
Ride Now uses the electronic payment system with credit card and other electronic payment methods. Ride Now works with a reputable provider for electronic payments who manages credit card data and payments. Ride Now does not store the payment information of USERS (see also Ride Now's Privacy Statement). When a USER makes a reservation, Ride Now authorizes the USER's credit card payment with the payment service provider, who will charge the agreed amount to the USER's account once the USER has completed their trip with the corresponding PROVIDER. To allow such a charge to the account, the USER must authorize the final amount of the charge at the end of the trip by entering a PIN or by signing. Ride Now will not make the charge to the USER's account without such authorization. The charged amount is based on the taxi meter price of the taxis or the fixed price of the rental cars plus any additional expenses incurred as a result of any of the mentioned changes (in particular, route expenses, waiting times, etc.). However, these fare modifications will only be valid if the USER authorizes them at the end of the trip.
5. Rights and Obligations of Ride Now
5.1. Service Provision
Through Ride Now, the USER as a potential passenger for a transport job can be directly contacted. In this regard, the PROVIDER's data will be transmitted to Ride Now for identification after the USER has made the reservation. In addition to the driver's name (first and last name), the driver's phone number, driver's license number, and, if applicable, the rating will be communicated. The basic data of the USER (in particular, the name and phone number) will be transmitted before the trip to the PROVIDER and the corresponding driver performing the job for identification and so that contact can be established if necessary.
5.2. Limits of Disposition
The services provided by Ride Now will not include the necessary internet access for this. USERS will be personally responsible for maintaining internet access, system requirements, configuration, and efficiency of their terminal equipment for the use of Ride Now and for updating the required software, and will bear the corresponding costs.
5.3. Collection Management
Due to individual contracts with the PROVIDERS, Ride Now acquires ownership of all claims against the USER based on the transport services provided by the PROVIDERS and has the right to collect the respective payments in its own name and on its own account. Ride Now will directly collect the costs incurred based on the fare communicated by the PROVIDER and agreed with the USER, charging the USER's credit card (or, if applicable, another form of payment) through the payment service provider in accordance with Article 4.
6. Rights and Obligations of USERS
The registration of a USER in Ride Now gives them the right to use the technical resources provided by Ride Now. For the registration to be effective, the USER must provide their data as necessary. This includes, for example, entering the USER's full name, address, and phone number on the registration screen. This data will be treated confidentially and will not be disclosed to third parties. More information can be found in Ride Now's privacy statement. The USER is obliged at all times to provide their true and complete personal data subject to Ride Now's requirements and to keep them updated. Likewise, the USER must use Ride Now in such a way that no deterioration, overload, or damage to Ride Now occurs and that the purpose pursued by this platform is not endangered or avoided. The USER may not circumvent or modify the security measures adopted by Ride Now, either by themselves or through third parties. All rights to the software and services offered on Ride Now belong to Ride Now. USERS will not copy, modify, reverse engineer, decompile, or distribute the software made available to them. The USER will keep their username and password in a safe place and will not disclose them to third parties or allow third-party access to Ride Now. The USER will be solely responsible for the confidentiality and security of their account. The USER will immediately notify Ride Now of any unauthorized use by a third party. The USER undertakes not to bypass Ride Now in entering into contracts with PROVIDERS if they are part of the services organized by Ride Now. Registration in Ride Now for an 'Individual Account' can be canceled by the USER at any time. For USERS of the 'Corporate Account,' a notice period of 2 weeks applies. The USER must notify Ride Now without delay and immediately if the USER is late, if the transport job has been canceled, or if the driver is late and/or cannot be located. The USER has the obligation to check the reservation data in the reservation confirmation to see if they are consistent with the data entered by them when making the reservation and to immediately report any discrepancies to Ride Now. Personal data of other persons that are transmitted or become known to the USER (in particular, the contact details of the drivers) will only be processed by them for the purposes of Ride Now and will not be transmitted to uninvolved third parties. Any other regulation will only take effect if the corresponding consent has been given. If the USER fails to comply with their obligations, Ride Now has the right to exclude the USER from all functions of Ride Now temporarily or, in the case of serious violations, permanently to prevent the misuse of Ride Now.
7. Rating System
After each trip, the USER is asked to rate the driver and the vehicle. This rating is anonymous and only serves to ensure quality and improve customer satisfaction. The quality of the PROVIDER is reflected in a star system for car rental companies. In addition to customer ratings, the star system is also based on other quality indicators, such as vehicle equipment and accessories.
8. Liability, Compensation for Damages
With the exception of liability under the current consumer protection laws in the Dominican Republic and due to any injury to life, physical integrity, or health, the liability of Ride Now will be restricted or excluded as follows: In case of negligence, the liability of Ride Now will be limited to the compensation of typical foreseeable damages. However, in case of slight negligence, Ride Now will only be liable if Ride Now has breached any of the obligations whose fulfillment is a prerequisite for the proper execution of the contract and, in particular, for the use of the booking platform in a commercially adequate manner for the interests of both parties, and on whose fulfillment the USER can rely. The aforementioned restrictions will also apply in favor of the legal representatives of Ride Now and the persons employed by Ride Now in the fulfillment of their obligations, in case claims are directly presented against them. Furthermore, Ride Now assumes no liability for the accuracy and completeness of the information transmitted to Ride Now and sent in a timely manner and without changes by Ride Now, nor for the timely receipt of such information by the PROVIDER or, if applicable, the USER. Ride Now will not be liable for the loss of data by the USER, as it is the USER's obligation to ensure a regular and adequate backup of the data. Ride Now will not be liable for the costs arising from any delay by the USER or a third party.
9. Data Protection
Ride Now takes data protection very seriously; for this reason, data protection is explained in another privacy statement of Ride Now.