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General Terms & Conditions Driver

Contractual Relationship

These Terms of Use (“Terms”) govern the access or use by an individual driver (“Driver”), from within Switzerland of applications, websites, content, products, and services (the “Services”) made available by Black City Cars AG, a private limited liability company established in Switzerland, having its offices at General Aviation Center, 8058 Zurich Flughafen/Airport, registered at the Zurich Chamber of Commerce under number CHE114.528.242 (“BCC”).

Access and use of the Services constitutes the Drivers agreement to be bound by these Terms, which establishes a contractual relationship between the Driver and BCC.

If the Driver does not agree to these Terms, the Driver may not access or use the Services.

These Terms expressly supersede any prior agreements or arrangements with the Driver. BCC may immediately terminate these Terms or any Services with respect to the Driver, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

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 the Driver 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.

BCC may amend the Terms related to the Services from time to time. Amendments will be effective upon BCC’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. The Drivers continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

The collection and use of personal information in connection with the Services is as provided in BCC’s Privacy Policy. BCC may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

The Services

The Services constitute a technology platform that enables users of BCC’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services.

The Driver acknowledges, THAT BCC DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY A PARTY INDEPENDENT FROM BCC AND WHO ARE NOT EMPLOYED BY BCC OR ANY OF ITS AFFILIATES.

License

General Information

Subject to the drivers compliance with these Terms, BCC grants the Driver a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on the Drivers personal device solely in connection with the 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, noncommercial use. Any rights not expressly granted herein are reserved by BCC and BCC’s licensors.

Restrictions

The Dirver 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 BCC; (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

The Driver acknowledges that the Services may be made available under such brands or request options by or in connection with: (i) certain of BCC’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorisations or licenses.

Third Party Services and Content

The Services may be made available or accessed in connection with third party services and content (including advertising) that BCC does not control. The Driver acknowledges that different terms of use and privacy policies may apply to the use of such third party services and content.

BCC does not endorse such third party services and content and in no event shall BCC be responsible or liable for any products or services of such third party providers.

Ownership

The Services and all rights therein are and shall remain BCC’s property or the property of BCC’s licensors. Neither these Terms nor the use of the Services convey or grant to the Driver 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 BCC’s company names, logos, product and service names, trademarks or services marks or those of BCC’s licensors.

Drivers Use of the Services

In order to use most aspects of the Services, the Driver must register for and maintain an active personal user Services account (“Account”).

By using the Services and registering with BCC website, the Driver confirms and agrees to the following:

  1. not to authorize third parties to use his Account;
  2. to comply with all applicable laws (including all respective required permits)
  3. to use use the Services and any activities including but not limited to the transportation of person, for lawful purposes;
  4. to comply with all laws, rules and regulation with regard to the transportation of persons.

The Driver understands and agrees, that use of the Services may result in charges for the services or goods received from a Third Party Provider (“Charges ”).

The Driver understands and agrees that BCC – and/or a Third Party Provider - will facilitate any payment with regards of the Drivers transportation services. Charges will be inclusive of applicable taxes where required by law.

As between the Driver and BCC, BCC 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 BCC’s sole discretion.

The Driver is responsible for the cost of repair for damage to, or necessary cleaning of his vehicles and property resulting from use of the Services.

Cancellation

If a customer cancels his booking, the following shall apply:

  1. A cancellation of a booking can only be done by using the BCC App or Website.
  2. For transfer services, cancellation is free of charge if the Driver has not yet set off for the pickup location AND three hours (or more) are left before the agreed pickup time. In all other cases, the full arrangement fee is payable to BCC.
  3. For hourly bookings, cancellation is free of charge if over 24 hours lie between the cancellation and the agreed pickup time. If less than 24 hours but over 1 hour lie between the cancellation and agreed pickup time, 70% of the total price (or appropriate reimbursement of expenses for the activities carried out by BCC) is to be paid.
  4. If the cancellation is made less than 1 hour before the agreed pickup time the total price is payable.

Changes to Booking

Changes to bookings are generally treated as new bookings. The policy for dealing with cancellations (see section 4. above), therefore apply to the ride originally agreed upon. A compensation claim by BCC or the driver for the originally agreed ride may be made accordingly.

Currency / Round-Off

BCC may on its sole discretion round-off any fees/paments due to the Driver to the next main unit of the respective currency.

BCC may impose or deduct foreign currency processing costs on or from any payments or payouts by BCC or third party providers in currencies other than Swiss Francs. The exchange rate may vary from time to time.

Suspension, Termination and Account Cancellation

BCC may, in its discretion and without liability to the Driver, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel any Services, user accounts or contractual agreement with the Driver.

BCC we may communicate to third parties that a potential or confirmed booking has been cancelled.

Data protection

BCC shall adhere to the legislation in force regarding the treatment of data, and in particular the Telecommunications and Data Protection Acts. BCC shall collect, store and edit data only for the purpose of providing services, managing and maintaining the customer relationship, ensuring high quality of service and the security of operations and infrastructure, and for billing purposes.

The Driver agrees that BCC

  1. may obtain information about the Driver or pass on data in connection with the conclusion and performance of the contract;
  2. is allowed to pass on the Driver’s data to a third party;
  3. is allowed to process the Driver’s data for marketing purposes, in particular for the needs-specific design and development of services and for customised offerings;
  4. service provision in collaboration with a third party or if a service is provided by BCC in collaboration with a third party or if the Driver procures the services of a third party via BCC’s services, then BCC may pass on data about the Driver to the third party to the extent necessary for the provision of such services.

Limitation of Liability; Indemnity

Introduction

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BCC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS.

IN ADDITION, BCC 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.

BCC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. THE DRIVER AGREES THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH THE DRIVER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability

BCC 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 ANY OF BCC SERVICES, EVEN IF BCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BCC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:

  1. THE USE OF OR RELIANCE ON THE SERVICES OR THE INABILITY TO ACCESS OR USE THE SERVICES;
  2. ANY TRANSACTION OR RELATIONSHIP BETWEEN THE DRIVER AND ANY THIRD PARTY INCLUDING TRANSPORTATION CUSTOMERS, EVEN IF BCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  3. BCC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BCC’S REASONABLE CONTROL.
  4. IN NO EVENT SHALL BCC’S TOTAL LIABILITY TO THE DRIVER IN CONNECTION WITH THE SERVICES OFFERED BY BCC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED SWISS FRANCS (CHF 500.00).

Indemnity

The Driver agrees to indemnify and hold BCC 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:

  1. The use of any of BCC’s services;
  2. the Drivers breach or violation of any of these Terms;
  3. BCC’s use of your personal information; or
  4. The Drivers violation of the rights of any third party including transportation customers.

Governing Law; Jurisdiction

These Terms shall be exclusively governed by and construed in accordance with the material laws of Switzerland, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply.

Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, or any contractual relationship between the BCC and the Driver, including those relating to its validity, its construction or its enforceability shall exclusively be referred to the public courts competent for the City of Zurich, Switzerland.

Miscellaneous

Assignment

Neither Party shall be entitled to assign or transfer any of the rights or obligations hereunder to any third party without the prior written consent of each other Party.

Relationship between the Parties

No joint venture, partnership, employment or agency relationship exists between the Driver, BCC or any Third Party Provider as a result of the contract between the Driver and BCC or use of the Services.

Amendments

These Terms can be changed by BCC at any time without prior notice. The current version of the Terms shall be offered on BCC’s website. The Driver agrees to read the current version of the Terms at least once a month.

Entire Agreement

These Terms and any agreements hereunder, including any other documents referred to herein, constitutes the entire agreement and understanding among the Parties with respect to the subject matter hereof, and shall supersede all prior oral and written agreements or understandings of the Parties relating hereto.

Severability

If any part or provision of these Terms shall be held to be invalid or unenforceable, the other provisions of these Terms shall nonetheless remain valid. In this case, the invalid or unenforceable provision shall be replaced (by court order, as the case may be) by a substitute provision that best reflects the intentions of the Parties without being unenforceable, and each Party shall execute all agreements and documents required in this connection. The same shall apply in case of any gap in this Agreement.

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