General Terms and Conditions for Passengers
These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the App - technology which connects passengers with drivers to help them move around the territory of Zanzibar more efficiently.
The term "us" or "we" refers to the owner of the TanTaxiApp, TanTaxiCompany Ltd, a private limited company, founded in Zanzibar, Tanzania (Company Registration Number I.87562018), whose place of business is at Kiponda, Stone Town, Zanzibar.
In order to use TanTaxiApp you must agree to the General Terms and Conditions that are set out below:
1. Using the TanTaxiApp
1.1 TanTaxi provides 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 TanTaxiApp and receipts for journeys are sent to the email address listed in passenger’s profile.
1.2 When using the TanTaxiApp, you can choose whether to pay the driver for the transport service or use TanTaxi in-App Payment. Payments for TanTaxibusiness rides are handled by a separate agreement for Business journeys. Charges will be inclusive of applicable taxes where required by law in Zanzibar. 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 TanTaxiApp, passenger’s mobile number is linked to the respective TanTaxi user account and added to our Database. If you are no longer using your mobile number, you must notify TanTaxi 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 TanTaxiApp, this new person can see your data.
2. TanTaxiIn-App Payment
2.1 You can pay for the transport services in cash or with a card, mobile phone money transfer, or using TanTaxi in-App (Wallet), which requires prior activation in the TanTaxiApp. By providing TanTaxiIn-App Payment service, TanTaxi acts 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 TanTaxi bank account. You, as a passenger are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.
2.2 When making payments by TanTaxiIn-App Payment, TanTaxi receives your payments and forward money to the driver. TanTaxi and TanTaxi group companies and partners may ask additional data from you to verify payment method.
2.3 When making payments by TanTaxiIn-App Payment for transport services, TanTaxiis 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 TanTaxiIn-App Payment. TanTaxiis 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.
2.4 TanTaxi will be responsible for the functioning of TanTaxi in-App Payment and provide support in resolving problems. The resolution of disputes related to TanTaxi in-App Payment also takes place through us. For payment support service please contact: firstname.lastname@example.org. Inquiries submitted by e-mail or TanTaxiApp will receive a response within one business day. TanTaxi will resolve TanTaxiIn-App Payment related complaints and Applications within two business days.
3. Ordering and cancelling transport services
3.1 If you order a transport service and the driver has agreed to undertake the work then the transport service is considered to be ordered.
3.2 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. TanTaxi does not provide journeys and is not a party to your agreement with the relevant driver.
3.3 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 penalty fee specified in the TanTaxiApp.
3.4 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 3 months. After that period, you could ask to reactivate your account and your Application will be reviewed by TanTaxi.
3.5 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 TanTaxiApp, the request will be deemed cancelled. Sometimes driver may decide to cancel your request, please note that TanTaxiis not responsible for such situations.
3.6 Once the driver arrives and sends you a notification that he/she has arrived the TanTaxiApp may begin charging fare on a waiting time basis according to the rates specified in the TanTaxiApp.
3.7 If you have requested transport services using the TanTaxiApp 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 compensation for any damages caused. If you do not pay for the damage, the provider of the transport has the right to pursue appropriate legal processes accordingly.
4. License to use TanTaxiApp
4.1 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 TanTaxiApp 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 TanTaxiApp. In the event that your right to use TanTaxiApp is cancelled, the corresponding non-exclusive licence will also be cancelled.
5.1 As the TanTaxiApp 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 TanTaxiApp for requesting transport services depends on the behaviour of the drivers, TanTaxi does not guarantee that you will always have offers available for the provision of the transport services.
5.2 The TanTaxiApp does not offer or broker transport services for passengers. It is also not a transport agency service for finding passengers for transport providers. The TanTaxiApp is used as the means for organising the provision of transport services.
5.3 The consumer’s right of refund is not Applied to TanTaxiApp 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.
5.4 The TanTaxiApp is provided on an "as is" and “as available” basis. TanTaxidoes not represent, warrant or guarantee that access to TanTaxiApp 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.
5.5 TanTaxi, its partners, directors and employees are not liable for any loss or damage that you may incur as a result of using TanTaxiApp or relying on, the journey contracted for through the TanTaxiApp, 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.
5.6 The financial liability of TanTaxi in connection with breach of the contract will be limited to TZS50,000. You will have the right to claim for damages only if TanTaxi has deliberately violated the contract. TanTaxi 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.
5.7 You agree to fully indemnify and hold TanTaxi, its partners, 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 TanTaxiApp (including the journeys you obtain through your use of the TanTaxiApp).
5.8 TanTaxi may immediately end your use of the TanTaxiApp if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of TanTaxi or the safety of drivers.
6. Good practice using the TanTaxiApp
6.1 As TanTaxiis 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.
6.2 We ask to fill out a feedback form in the TanTaxiApp. This enables us to offer suggestions to the drivers for improving the quality of their service.
6.3 We expect that you use TanTaxiApp in good faith and be respectful of the drivers who offer their services through TanTaxiApp. TanTaxi retains 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 TanTaxiApp account may be revoked without prior notice.
6.4 TanTaxi will make every effort to ensure that only drivers, who have integrity and are respectful of their profession and passengers, use the TanTaxiApp. However, we are in no position to guarantee that every provider of transport services, located by the TanTaxiApp, 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.
7. Amendments to the General Terms and Conditions
7.1 If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail or TanTaxiApp notifications. If you continue using TanTaxiApp, you will be deemed to accept the amendments.
8. Final Provisions
The General Terms and Conditions will be governed by and construed and enforced in accordance with the laws of Revolutionary Government of Zanzibar. If the respective dispute resulting from General Terms or Agreement could not be settled by the negotiations, then the dispute will be finally solved in Tanzania High Court. If any provision of the General Terms is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that Approximates the intent and economic effect of the affected provision.
Date of entry into force of the General Terms: 01.12.2018.