TERMS AND CONDITIONS
Part 1 – Booking Service Terms
"Booking Services" means the services set forth in paragraph 4 of this Part 1, which shall be provided to you by Plataco Ltd herein after referred to as Platabook.
"PHV" means private hire vehicle.
“Nominated Transport Provider” means the transport provider who’s Platabook Number you have saved within your Platabook app.
"Transportation Provider" means a provider of transportation services, including any drivers licensed to carry out private hire bookings in accordance with the Legislation.
“Platabook Guide”means the service quality guide book.
"Platabook London" shall mean Platabook London Limited, a private limited liability company incorporated and registered in England and Wales with company number 10931634, whose registered office is at 2nd Floor, Berkeley Square House, Berkeley Square, London, England, W1J 6BD.
"Platabook App"means the software application and related services provided by Plataco Ltd to you pursuant to terms and conditions set forth in Part 2.
"Website"shall mean www.platabook.com
2. PHV REGULATIONS.
Pursuant to the Private Hire Vehicles (London) Act 1998 (the "1998 Act"), the Civic Government (Scotland) Act 1982 (the "1982 Act"), the Taxis Act (Northern Ireland) 2008 (the "2008 Act"), and any regulations made pursuant to such Acts, and the Local Government (Miscellaneous Provisions) Act 1976 (the "1976 Act") and any related local government regulations pertaining to the operation of private hire vehicles (all together, the "Legislation"), a booking made by you can only be accepted by a person that holds a relevant operator's licence. In respect of the 1998 Act, Platabook London is the holder of the relevant PHV operator's licence.
3. THE PROVISION OF BOOKING SERVICES BY PLATABOOK.
Platabook provides to you certain booking services (the "Booking Services"). The Booking Services include :
1. Accepting bookings requested in advance by you using the scheduling function in the Platabook app, in accordance with sub-paragraph 4 below, butwithout prejudice to Platabook UK's rights at its sole and absolute discretion to decline any such request and/or cancel an accepted booking ;
2. Identifying suitable Transportation Providers in the event your nominated driver is not available;
3. Keeping digital records of bookings;
4. Remotely monitoring trips booked using the Platabook App;
5. Receiving and dealing with feedback, questions and complaints relating to bookings accepted by Platabook, which may be made by email: email@example.com. You are encouraged to provide your feedback if any of the transportation services provided to you by a Transportation Provider do not conform to your expectations; and
6. Managing any lost property queries relating to bookings accepted by Platabook, in each case in accordance with any relevant provisions of the Legislation.
Pursuant to, and for the purposes of the Legislation, Platabook accepts bookings at its registered address and/or operating centres and is subject to all statutory and regulatory obligations and liabilities with respect to that activity.
4. YOUR TRANSPORTATION CONTRACT WITH A TRANSPORTATION PROVIDER.
Platabook is not a Transportation Provider and does not provide transportation services. Transportation services are provided to you under a contract (the "Transportation Contract") between you and the Transportation Provider that is identified to you in the booking confirmation provided by Platabook. The Transportation Provider may be licensed in an area other than where the booking is requested or the transportation services are provided. Platabook is not a party to the Transportation Contract and acts as a disclosed agent for the Transportation Provider in communicating the Transportation Provider's agreement to enter into the Transportation Contract.
Platabook charges a fee of £1.00 for the provision of the Booking Services. This fee is payable at the time of booking. The rates that apply for the transportation services provided by the Transportation Provider can be found on the Transportation Provider’s profile screen on the Platabook App. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the transportation provider’s services.
6. LIMITATION OF LIABILITY.
To the extent permitted by applicable law, Platabook will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for:
a: Any theft or loss of your or any other person's
property in connection with the Booking Services or
any booking accepted by Platabook;
b. Any booking that has not been accepted;
c. Any loss, damage, costs, expenses or liability
suffered by anyone other than you in connection
with your use of the Platabook App;
d. Any losses that could not reasonably be expected to
result from our negligence or breach of these Terms
e. Any loss relating to your business or the business of
your employer or any other person;
f. Any loss of profits, loss of revenue, loss of
opportunity, loss of business or employment
(whether or not such loss could be reasonably
expected to flow from our negligence or breach of
these Terms and Conditions); or
g. Any other loss, damage, costs, expenses or liability
that you suffer in connection with the Booking
Services, save to the extent that Platabook fails to
perform its obligations to you to the standard of a
diligent and professional provider of the relevant
h. If Platabook is liable to you in connection with the
Booking Services, its liability will be limited to an
amount equal to £250 in aggregate. Nothing in
these Terms and Conditions will limit or exclude
Platabook's liability to you for personal injury or
death caused directly by Platabook's negligence.
7. APPLICABLE LAW.
The Booking Services and the Booking Service Terms set out in this Part 1, and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms shall be governed by, construed and take effect in accordance with the laws of England and Wales. Any dispute, claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of England and Wales.
1. Contractual Relationship
These Terms in Part 2 govern the access or use by you, an individual, from within any country in the world (excluding the United States and its territories and possessions and Mainland China) of applications (including the Platabook App), websites, content, products, and services (the “Services”) made available by Plataco Ltd., a private limited liability company established in London, having its offices at Berkeley Suite, 35 Berkeley Square, Mayfair, London, W1J 5BF (“Plataco”). In relation to PHV Bookings, the Services enable you to access the Booking Services provided by Platabook described in Part 1 above but, for the avoidance of doubt these Terms do not apply to the Booking Services defined and described in Part 1 above.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Platabook. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Platabook may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Platabook will provide you with as much notice as it reasonably can of such
termination, cessation or denial, being at least 24 hours’ notice. However, Platabook reserves the right to terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, immediately at any time without notice if (i) you are in breach of these Terms, (ii) it is impractical to give such notice in the
circumstances, or (iii) in Platabook's opinion, any delay in such termination would expose Platabook or a third party to significant risk of harm or damage.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Platabook may amend the Terms related to the Services from time to time. Amendments will be effective upon Platabook's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The Services constitute a technology platform that enables users of Platabook's mobile applications or websites provided as part of the Services (each, an “Application”) to pre-book and schedule transportationservices with independent third party providers of such services, including independent third party transportation providers (including Transportation Providers as defined in Part 1), independent third party logistics and/or delivery providers under agreement with Platabook or certain of Platabook’s affiliates, and/or independent vendors such as restaurants (“Third Party Providers”). Unless otherwise agreed by Platabook in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT PLATABOOK DOES NOT PROVIDE TRANSPORTATION, LOGISTICS, DELIVERY OR VENDOR SERVICES OR FUNCTION AS A TRANSPORTATION PROVIDER OR CARRIER AND THAT ALL SUCH TRANSPORTATION, LOGISTICS, DELIVERY AND VENDOR SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY PLATABOOK OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, Platabook grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Platabook and Platabook’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Platabook; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
Third Party Services and Content.
The Services and all rights therein are and shall remain Platabook's property or the property of Platabook's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Platabook's company names, logos, product and service names, trademarks or services marks or those of Platabook’s licensors.
3. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Platabook certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Platabook's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Platabook in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation, logistics, delivery or vendor services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Platabook at any time by replying ‘STOP’ to said text message. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Platabook may, in Platabook’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Platabook establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Platabook; (iii) may be disabled by Platabook at any time for any reason without liability to Platabook; (iv) may only be used pursuant to the specific terms that Platabook establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Platabook reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Platabook determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
Platabook may, in Platabook's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Platabook through the Services textual, audio, and/or visual content, information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Platabook, you grant Platabook a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner, such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Platabook's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Platabook the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Platabook's use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Platabook in its sole discretion, whether or not such material may be protected by law. Platabook may, but shall not be obligated to, review, monitor, or remove User Content, at Platabook's sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Platabook does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Transportation Provider (“Charges”).
After you have received services or goods obtained through your use of the Services, Platabook will facilitate your payment of the applicable Charges on behalf of the Transportation Provider as disclosed payment collection agent for the Transportation Provider (as Principal). Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Transportation Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Platabook. You retain the right to request lower Charges from a Transportation Provider for services or goods received by you from such Transportation Providerat the time you receive such services or goods. Platabook will respond accordingly to any request from a Transportation Providerto modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated as soon as practicable by Platabook using the preferred payment method designated in your Account, after which Platabook will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Platabook may, as the Transportation Provider‘sdisclosed payment collection agent, use a secondary payment method in your Account, if available.
As between you and Platabook, Platabook reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Platabook’s sole discretion. Platabook may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Transportation Provider at any time prior to such Transportation Provider’s arrival, in which case you may be charged a cancellation fee. The current cancellation policy applicable in the UK can be found at www.platabook.com.
This payment structure is intended to fully compensate the Transportation Provider for the services or goods provided. Platabook does not designate any portion of your payment as a tip or gratuity to the Transportation Provider. Any representation by Platabook(on Platabook's website, in the Application, or in Platabook's marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Platabook provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Transportation Providerwho provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Transportation Provider.
Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Transportation Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Platabook in Platabook's reasonable discretion, Platabook reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Platabook to the applicable Transportation Provider and are non-refundable.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PLATABOOK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, PLATABOOK MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. PLATABOOK DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
PLATABOOK SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF PLATABOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLATABOOK SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY TRANSPORTATION PROVIDER, EVEN IF PLATABOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLATABOOK SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PLATABOOK’S REASONABLE CONTROL. IN NO EVENT SHALL PLATABOOK’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED POUNDS (£500).
PLATABOOK’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, LOGISTICS, DELIVERY OR VENDOR SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT PLATABOOK HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOOD, LOGISTICS, DELIVERY OR VENDOR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Platabook and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Platabook’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. Governing Law.
Except as otherwise set forth in this Agreement, the Terms contained in this Part 2 of this Agreement shall be exclusively governed by and construed in accordance with the laws of England and Wales.
7. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Platabook’s designated agent which is Sheridans, 76 Wardour Street, Soho, London W1F 0UR.
Platabook may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Platabook by written communication to Platabook's address Plataco Ltd, Berkeley Suite, Berkeley Square, Mayfair, London, W1J 5BF.
You may not assign or transfer these Terms in whole or in part without Platabook’s prior written approval
You give your approval to Platabook for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Platabook’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Platabook or any Transportation Provider as a result of the contract between you and Platabook or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”