In these Terms and Conditions, the following capitalized terms shall have the following respective meanings or interpretation:
“My Cab” means My Cab Company whose registered office is at 33 Riddy Lane, Luton. LU3 2AE and trading as ‘My Cab’.
My Cab is registered in Luton Borough Council. Owner and Registered name: M Abdullah Dar. Hackney Carriage Vehicle Licence: P.No: 153. For an online booking service, My Cab Company is acting as a booking agent.
“Contract” means an agreement for the sale and/or supply of black cab taxi services for a Passenger Journey by a Driver to a Passenger introduced by My Cab;
“Device” means smartphone, tablet, or similar electronic device on which the Driver Application or Passenger Application is authorized for use by My Cab;
“Driver” means a person with a valid taxi license issued by Luton Borough Council using a vehicle with a license issued by Luton Borough Council;
“Driver Application” means the My Cab application downloaded to the Drivers’ Device through which requests for a Passenger Journey may be confirmed;
“Fare” means the price agreed between the Driver and My Cab at which the Passenger Journey is offered to a Passenger;
“Passenger Application” means the My Cab application downloaded to your Device through which requests for a Passenger Journey are made by Passengers;
“Passenger” means the user of the Passenger Application, the System and/or any Passenger on a Passenger Journey;
“Passenger Journey” means the request by a Passenger for public hire or taxi services from a Driver for a journey as entered into the Passenger Application or such other actual journey as is taken by a Passenger introduced to a Driver by the Passenger Application;
“Service” means any service offered by the Passenger Application;
“System” means the Passenger Application and all associated software that
Introduces Passengers to Drivers;
“Terms and Conditions” means the terms and conditions in this document;
Account Credit” means any credit balance held on the Passenger’s account that can be used for payment of a journey.
“Referral Codes” means a passengers code that can be shared with new customers to give Account Credit to both the new user upon registration in the Passenger Application, and upon the new user using completing a Journey using My Cab then the person holding the referral code will also receive Account Credit. My Cab reserves the right to change the terms of any active referral deals at any time;
“Voucher Codes” means any code provided by My Cab that can be used to redeem Account Credit;
“Website” means the My Cab website https://mycab.company
When the words “writing” or “written” are used in these Terms and Conditions, this
will include email or notifications sent using the Passenger Application unless we say otherwise;
General
My Cab is a technology platform that brings together service providers with mobile customers. My Cab acts as an agent to Taxi Drivers by introducing Passengers and their requested Journey to Drivers via its System.
These are the Terms and Conditions under which we supply services to you and they become binding on My Cab and the Passenger when the Passenger downloads the Passenger Application to the device at which point a contract will come into existence between My Cab and the Passenger.
Please ensure that you read these Terms and Conditions carefully and check that the details stated on any Passenger Journey and in these Terms and Conditions are complete and accurate before you submit the request for a Passenger Journey. If you think there is a mistake or require any changes, please contact My Cab to discuss.
The Passenger Application allows the Passenger to view available Drivers and to make a request to a Driver for a Passenger Journey through the Passenger Application.
The Passenger Application will propose a Fare for the Passenger Journey.
If the Passenger confirms and accepts the Fare for the Passenger Journey proposed by the Passenger Application, a request will be submitted to Driver(s).
If a Driver accepts a Passenger’s request for a Passenger Journey at the Fare, the Driver then enters into a contract for the Passenger Journey with the Passenger. The Passenger enters into a contract for hire with the Driver and My Cab shall not be a party to that agreement.
Drivers have sole and complete discretion over whether to accept a request for a Passenger Journey made by a Passenger.
Free waiting time of 5 minutes has been agreed with the Driver for each Passenger Journey. On the expiry of the free waiting time, the driver will charge the Passenger for waiting time at a rate of 20 pence per minute. Following the expiry of ten minutes, the Driver has the discretion to cancel the Passenger Journey and charge the Passenger for any time spent waiting at the rate specified above.
My Cab does not provide taxi services. My Cab acts as an intermediary between Passengers and Drivers.
My Cab has the right to create and remove Voucher Codes in My Cab’s sole discretion, without any liability to My Cab. The Passenger agrees that all Voucher Codes and Referral Codes must be used for the intended purpose, may not be sold, are not transferable in any manner, and may expire prior to use.
My Cab may add, withhold or deduct Account Credit if My Cab believes that the Account Credit was created in error, by fraud, illegal activity, or in violation of any of My Cab’s Terms and Conditions.
All Account credit will expire after a period of 30 days on a Passenger Account. My Cab reserves the right to change the expiration period for Account Credit at any time.
Use of the Passenger Application
You can only use the Service where you have registered with My Cab and provided information and details requested by the Passenger Application.
The Passenger agrees and promises that all information and details provided by the Passenger to My Cab (including on registration) are true, accurate, and up-to-date in all respects and at all times. The Passenger can update or correct the Passenger’s details at any time via the Passenger Application.
The Passenger agrees not to use My Cab: for any unlawful purpose; in any way that interrupts, damages, impairs or renders My Cab less efficient; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or the Passenger’s own products or services;
To refrain from doing anything which My Cab reasonably believes to be disreputable or capable of damaging My Cab’s reputation;
And acknowledges that My Cab has limited control over the nature and content of information and chat transmitted or received by you or other users of the System whether via the Passenger Application or otherwise. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user or Driver please contact us via the Passenger Application or website;
That the Passenger will comply with all applicable laws;
To make payment in full to any Driver introduced to the Passenger through the
Passenger Application for any services provided by the Driver to you (the Passenger may use the Passenger Application to make such payment);
To treat Drivers with respect and not to cause damage to their vehicle or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst using their vehicle or the Service;
Ensure that any other passengers of the Passenger Journey which the Passenger brings into the Driver’s vehicle comply with these Terms and Conditions (in so far as they are applicable to such passengers);
To compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms and Conditions.
Please note that we are not responsible for the behavior, actions, or inaction of Drivers which the Passenger may use (through the Passenger Application or otherwise).
The Passenger agrees to be financially responsible for all use of the Passenger Application and System via their account as well as for the use of the Passenger’s name and payment method (e.g. corporate credit card, personal credit card, or other approved method) to pay for any Passenger Journey purchased using the Passenger Application and System.
Application Licence
By downloading the Passenger Application the Passenger agrees to use the Passenger Application under licence and comply with these Terms and Conditions.
My Cab grants the Passenger a limited non-exclusive, non-transferable licence to download and install the Passenger Application on a single or multiple Device(s) and to run the Passenger Application solely for personal use.
The Passenger shall not:
license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Passenger Application or the Service in any way;
Modify or make derivative works based upon the Service or Application;
Create Internet “links” to the Service or “frame” or “mirror” the Passenger
Application on any other server or wireless or Internet-based device;
Reverse engineer or access the Passenger Application in order to:
Design or build a competitive product or System;
Design or build a product using similar ideas, features, functions or graphics of
The System, or;
Copy any ideas, features, functions or graphics of the System.
The Passenger shall not:
Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
Send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortuous material, including material harmful to children or in violation of third party privacy rights;
Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents, or programs;
Interfere with or disrupt the integrity or performance of the Website, the Passenger Application or Service or the data contained therein; or
Attempt to gain unauthorized access to the Website, the Passenger Application or Service or its related systems or networks
My Cab has the right to investigate and prosecute violations of any of the Terms and Conditions to the fullest extent of the law. My Cab may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms & Conditions.
The Passenger acknowledges that My Cab has no obligation to monitor the Passenger’s access to or use of its System or Passenger Applications or content or to review or edit any content, but has the right to do so for the purpose of operating its System and or its Passenger Application to ensure your compliance with these Terms & Conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
My Cab reserves the right, at any time and without prior notice, to remove or disable access to any content that My Cab, at its sole discretion, considers to be in violation of these Terms & Conditions or otherwise harmful to the System or Passenger Application.
Determination of Fares Payable & Settlement
For details about Fares for any Passenger Journey please go to our website https://mycab.company. This is for information purposes only and the Fare for a particular Passenger Journey will be notified to the Passenger through the Passenger Application.
If the passenger completes a Passenger Journey in a Licensed Taxi and the LBC Compliant Taxi Meter is lower than the Fare calculated by the Passenger Application then a refund will be issued to the passenger for the difference.
It is the responsibility of the driver to alert My Cab should the Fare on the LBC Compliant Taxi Meter be lower than the Fare quoted for the journey. Once alerted My Cab will issue a refund to the payment card used to make the booking of the difference between the quoted fixed fare and the lower amount displayed on the Taxi Meter.
My Cab accepts no liability in the case where a Black Taxi driver does not communicate that the metered fare is lower than the fixed fare.
If the Passenger opts to pay for a Passenger Journey through the Passenger Application, then such payment will be taken automatically at the end of the Passenger Journey using the card details registered with My Cab by the Passenger and which My Cab will store for such purpose. The Passenger agrees that authorization checks may be undertaken by My Cab on that card at any time.
Once the Passenger has taken a Passenger Journey the Passenger will not be able to cancel (since the service has already been provided) and payment will be taken automatically and is non-refundable.
If the Passenger has any complaint in relation to the service provided by the Driver then that dispute must be taken up with the Driver directly.
In relation to any journeys organized for the Passenger through the Passenger Application the Passenger also agrees to pay any reasonable additional charges (for example where the Passenger cancels when a driver has already been allocated to you after the 5 minutes free cancellation period or for any damage or cleaning costs to the vehicle which you incur) as set out in more detail here:
Cancellations: can be made through the Passenger Application, however, if the cancellation is made after 5 minutes from making the booking then the Passenger will be charged a cancellation fee of £4.
Cleaning: My Cab may charge reasonable repair or cleaning charges plus £35 representing a loss of earnings for the Driver in the event of spillages in or in the event that any Passenger vomits in or otherwise soils, contaminates, or damages a Passenger Vehicle.
All cancellation and cleaning charges incurred as described above will be charged to the Passenger’s credit or debit card registered with the Passenger Application.
For any payments made through the Passenger Application, any payment disputes will be resolved with the passenger by My Cab on behalf of the driver. m. Receipts for all bookings will be processed on behalf of the Driver via the My Cab system and delivered to the Passenger’s email address currently registered with My Cab.
Electronic Communications
My Cab will communicate with Passenger’s electronically via email or via the Passenger Application using the Passenger’s registered Device or the Passenger may send an email to one of the team. You agree to receive communications from My Cab via email, notification within our mobile applications, SMS and push notifications on your registered Device. All communications from My Cab will be regarding your journeys or promotions that relate to our service.
From time to time we may contact you with relevant information about our service via email or SMS. If you do not wish to be contacted apart from as part of the booking process please email office@mycab.company
My Cab will not pass your personal information to other companies. All information given to My Cab will only be used internally or for the purposes of the Service.
As part of the provision of the service, My Cab will provide your telephone number to the Driver.
The extent of My Cab’s liability
My Cab does not seek to exclude liability for death or personal injury caused by its negligence. My Cab does not seek to exclude liability for fraudulent misrepresentation by it. You have certain rights under the law. These include that we will provide My Cab, the Passenger Application, and the System to a reasonable standard and within a reasonable time. Nothing in these Terms is intended to affect these statutory rights. For more information about your statutory rights, you can contact your local Citizens Advice Bureau or Trading Standards Office.
If My Cab breaches these Terms and Conditions, My Cab shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of £500. “Foreseeable” means that the losses could have been reasonably contemplated by My Cab and the Passenger at the time of entering into these Terms and Conditions.
My Cab is constantly looking for ways to improve and expand its service and in order to assist with this aim, Passengers should notify any claim or complaint to My Cab within 30 calendar days of the date of the relevant Passenger Journey.
We are not responsible for:
(i) Losses not caused by My Cab’s breach;
(ii) The actions or in actions of any drivers;
(iii) The actions or inaction’s of other My Cab users or Passengers;
(iv) Indirect losses which means loss to the Passenger which is a side effect of the main loss or damage and where the Passenger and My Cab could not have reasonably anticipated that type of loss arising at the time of entering into these Terms and Conditions; or
(v) Failure to provide the Service or to meet any of our obligations under these Terms and Conditions where such failure is due to events beyond our control (for example a network failure).
Termination
We may terminate these Terms and conditions and close any account the Passenger has with us by giving the Passenger 7 days notice in writing by email to your registered email address. We may also terminate these Terms and Conditions and close your account without notice if you breach any of your obligations under these Terms, if bankruptcy proceedings are brought against you or if you do not pay a court judgement on time.
We reserve the right to suspend, restrict or terminate your access to My Cab, the Passenger Application or the System any time without notice if we have reasonable grounds to believe you have breached any of these Terms and Conditions. This shall not limit My Cab’s right to take any other action against the Passenger that My Cab considers appropriate to defend its rights or those of any other person.
The Passenger is under no obligation to use the Service and may simply choose to stop using it at any time (but not before a Passenger Journey has been completed, i.e. see clause 5(c)).
General
My Cab may wish to transfer its rights or obligations or sub-contract its obligations under these Terms and Conditions to another other legal entity. The Passenger agrees that My Cab may do so provided that this will not adversely affect the standard of service you receive under these Terms and Conditions. As set out in clause 7(c), the Passenger may terminate its agreement with My Cab at any time. These Terms and Conditions are personal to the Passenger. The Passenger may not transfer the Passenger rights or obligations under these Terms and Conditions to anyone else.
If the Passenger breaches these Terms and Conditions and we take no action against the Passenger, My Cab will still be entitled to use its rights and remedies in any other situation where the Passenger breaches these Terms and Conditions.
If any part of these Terms and Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
These Terms are not intended to give rights to anyone except My Cab and the Passenger.
We may amend these Terms and Conditions from time to time in order to reflect changes to My Cab and/or the Passenger Application in which case we will replace these Terms and Conditions with new ones in the passenger application. The Passenger can terminate at any time as set out above.
My Cab will do its best to resolve any disputes over these Terms and Conditions. If the Passenger wishes to take court proceedings against My Cab you must do so within England and Wales.
My Cab are constantly aiming to improve our service if you have any thoughts, queries or suggestions then please email office@mycab.company