Villkor
Allmänna kundvillkor för affärsresenärer
CGTB
1. OBJECT OF THE CGTB
Cabonline offers a business travel solution (hereinafter "the Service") that enables users of Cabonline's mobile applications, websites, or travel agency solution to book and schedule taxi transports via a technical platform. Through the Service, the Customer receives an overview of the users' completed taxi transports and can set parameters, such as cost-center and various options for all bookings. Travel and bookings are carried out by the individual users in accordance with the Service's terms of use set out in this agreement. These general customer terms, Cabonline's General Customer Terms for Business Travelers, (“CGTB”) apply to services performed by companies in the Cabonline Group (“Cabonline”) in accordance with a special agreement (the “Agreement”) which refers to CGTB. When purchasing taxi rides in one of Cabonline's affiliated and connected taxis, Cabonline's travel conditions (the "Travel Conditions" Sw: “Resevillkor”) apply. To deviate from CGTB, Cabonline and the customer must make a special agreement on this. Such an agreement applies with priority over CGTB.
2. IMPLEMENTATION OF THE SERVICE
The Customer and Cabonline shall work together to ensure that the Customer's employees can use the Service. This means e.g. that the Customer provides information about the intended users, Cabonline sets up user accounts, holds reviews of the Service for the Customer's employees (according to a special agreement), provides instruction manuals, etc. All activities must be preceded by reconciliations with the Customer.
3. BOOKNING
3.1 Booking via mobile application or webpage
The customer's employees can schedule and book transports in logged-in mode on the website www.cabonline.se or via Cabonline's mobile application. The customer has the opportunity to decide presets, such as e.g. green car, which cost centers are to be charged, etc., in the mobile application and on the web. When individual employees log in and book taxi journeys in the mobile application or website, these parameters are preset. Cabonline works continuously to develop and improve mobile applications and websites and improve the customer experience.
3.2 Execution of booked taxi transports
The booked taxis transports are performed by taxi companies affiliated to Cabonline. The customer is aware that the driving and travel times stated in connection with the booking are estimates and may change depending on current weather and traffic conditions at the time the trip is performed.
4. PREMATURE TERMINATION
A party has the right to terminate this agreement with immediate effect if a) The counterparty has materially failed to fulfill its obligations set out in this agreement and has not rectified the deficiency within a reasonable time after the remark. b) The counterparty has entered into liquidation, applied for or been declared bankrupt, initiated proceedings for corporate reorganization, initiated composition negotiations, suspended its payments or may otherwise be feared to be insolvent. c) The counterparty is in delay with payment for more than ten days after the due date and has not rectified the defect within a reasonable time after the remark. If the Agreement is terminated prematurely by Cabonline in accordance with this clause, it does not entitle the Customer to a refund of payments made.
5. TERMS OF PAYMENT, PRICES ETC
5.1 Terms of payment
Payment can be made either in the car, via travel account or via invoice. In the case of invoice payment, payment terms thirty (30) days net are applied unless otherwise agreed between the parties. In case of late payment interest for the delay and fees will be charged according to law. If the Customer chooses to link the Service to a travel account, the amount is deducted directly from the account
5.2 Transfer and assignment of claim
Cabonline may assign and transfer the claim and the right to invoice and receive payment in accordance with the agreement to another company.
5.3 Prices and adjustment of prices
Prices are set according to the current rate. In all locations where the Service is offered the availability of taxis, price calculations must be made on the basis of the locally applied prices at the time of booking. The customer is aware that the local travel rates may be subject to ongoing adjustments without prior notice
6. RESPOSINBILITY OF CABONLINE
6.1 User account
Cabonline undertakes, in the light of information provided by the Customer, to establish individual user accounts for the Customer's employees to enable the use of the Service. Cabonline is also responsible for terminating or changing passwords to user accounts without unreasonable delay after receiving a request from the Customer. The Customer is responsible for payment for all bookings made via the Customer's user accounts until Cabonline has confirmed that the account information has been changed or deleted as requested.
6.2 Booking Confirmation of taxis
Cabonline shall ensure that the Customer receives a booking confirmation in cases where a booking request from the Service is accepted by a taxi.
6.3 Code of conduct and compliance
Cabonline is responsible for ensuring that all taxi companies that have joined the Service have signed Cabonline's Code of Conduct, which e.g. specifies that the duty of confidentiality applies in the cars. Cabonline is responsible for ensuring that all taxis connected to the Service have a taxi traffic permit, that all drivers have a taxi driver's ID, that the taxi company that performs the trip has the necessary insurance protection and charges a taxi according to the current taximeter price.
7. LIMITATION OF LIABILITY
7.1 Cabonlines Cabonline's limitation of liability in relation to the traveler
If the traveler suffers an injury while using the Service, the traveler or the Customer may be entitled to compensation, depending on the type of injury you suffered and how the injury arose as follows: a) For personal injury and damage to property transported in the taxi, the rules that follow from the applicable laws and regulations regarding traffic injuries apply, which usual-ly means that compensation is paid through the taxi's (or any other vehicle involved) motor insurance. Should the passenger suffer personal injury or property damage while traveling with Cabonline, the passenger must request compensation from the transport insurance company's motor insurance company. For assistance with processing, Cabonline's customer service can be contacted for reference to which insurance company the traveler can turn to. b) If the passenger suffers any other damage that is not compensated from the car's motor insurance, the passenger may be entitled to receive compensation from Cabonline if Cabonline or the taxi caused the damage through negligence. Liability is, however, limited to only direct damage, which means that no liability is incurred for indirect damage, such as, for example, loss of income, income or profit, or loss of production, third-party damage or other consequential damage. c) With the exception of personal injuries, Cabonline's liability is limited to an amount per claim of three thousand (3,000) kronor. Cabonline's total liability for damages is limited to 10 percent of the invoiced amount per calendar year. d) Cabonline is not liable at all if the opportunities to perform the services are hindered or damage arises from circumstances beyond our control, such as government action, strike or other labour dispute, fuel shortage, machine or other vehicle damage, severe weather, or unexpected operational disruption.
7.2 Customer
In relation to the Customer, Cabonline is free from liability if Cabonline has been normally diligent. Cabonline is also free from liability if the error or lack of service is due to circumstances beyond Cabonline's control that Cabonline could not reasonably be expected to have taken into account when the service was provided and whose consequences Cabonline could not reasonably have avoided or overcome. The same applies if a subcontractor or a representative of Cabonline is prevented from carrying out assignments on behalf of Cabonline due to such a circumstance. Unless otherwise stated above, Cabonline's liability is limited to 10 percent of the invoiced amount per the calendar year that the Customer has paid for the service in the calendar year in which the damage occurred. Cabonline is not liable in any case for indirect damages or consequential damages, such as loss of trade, lost market or other similar damage or loss.
8. INSURANCE
All taxi vehicles connected to Cabonline are adequately insured against damage to passengers and their property. In addition, we have taken out liability insurance for other types of claims for a reassuring amount.
9. THE CUSTOMERS LIABILITY
If the Customer or the traveler suffers an injury, they are obliged to do what is reasonable to limit their injury. Cabonline is not liable to pay compensation for the part of the damage that Customer or the traveler should have been able to avoid. The Customer is responsible, among other things, for: a) participate in planning and contributing to the setting up of the Service by forwarding the correct information and communication internally to relevant persons. b) the information provided to Cabonline is correct. c) personal data of employees are available and, if necessary and in cases where necessary, consent for the processing of personal data is obtained from its employees. d) user accounts at all times are only used by authorized persons approved by the Customer. e) The Customer is responsible for payment for all bookings made via the Customer's user accounts until Cabonline has confirmed that the account information has been changed or deleted as requested. f) If the Customer suspects that login information is used by unauthorized persons, it is the Customer's responsibility to contact and urge Cabonline immediately to block the login information.
10. ASSIGNMENT
The customer's rights and obligations under the Agreement may not be transferred to anyone else without Cabonline's written consent. If the customer changes company form, a new agreement must be signed. Cabonline has the right, without the customer's approval, in one or more steps, to transfer all or part of its rights and obligations to companies within the Cabonline Group. Cabonline also has the right to hire a subcontractor to fulfill its obligations.
11. CHANGED CONDITIONS
The customer must notify Cabonline of any changes - in particular regarding the company name, address, and, where applicable, the credit card and account number for direct debit - that are relevant to Cabonline due to an agreement between the parties. All changes must be notified in good time.
12. FORCE MAJEURE
Cabonline is released from its obligations under this agreement and is thus not obliged to pay compensation for damage in the event that the reason for the non-fulfillment of the contract has its cause in terrorist acts, riots, natural disaster, fire or similar cause. The same should apply in the event of labor disputes such as strikes or lock-outs. Also technical breakdowns that are outside the party's ability to influence, e.g. technical errors in transmission masts or server operations. A party who wishes to invoke exemption under this section shall without delay notify the opponent to the other party.
13. COMPLAINT AND PRESCRIPTION
In the event of dissatisfaction with the execution of the trip or with the Service or in the event of damage, a complaint must be made immediately by notifying Cabonline's customer service. Complaints must be received by Cabonline in writing no later than fourteen (14) days after the event occurred. If a complaint relates to a specific trip, information about the date, time, place, taxi company and cost of the trip must be stated in the complaint. Errors in an invoice or in another payment request from Cabonline must be reported no later than the due date. The action against Cabonline must be brought within one year from the day on which the Customer became or should have become aware of the basis for the claim. If the action is not brought in time, the right of appeal is lost.
14. NON DISCLOSURE
Cabonline and the customer may not inform outsiders about the Agreement unless there is a written agreement to this effect. This applies unless otherwise provided by law. However, both parties have the right to provide such information about the Agreement as is necessary for a supplier or contractor to be able to carry out its assignment. The supplier or contractor who receives information about the Agreement must also be required to comply with the confidentiality provisions above. Cabonline may inform other companies in the Cabonline Group of the Agreement. If any of the parties is required to inform an authority about the Agreement, this shall be done with a request that the Agreement be classified with the authority. This must be notified to the other party in writing. The customer is responsible for ensuring that documentation and instructions provided in accordance with the agreement with Cabonline are stored in a secure manner and will not be provided to unauthorized persons and that such documentation and such instructions are returned to Cabonline or destroyed upon termination of the Agreement. Cabonline is responsible for data stored at Cabonline in accordance with its data security rules so that they are not lost and so that no unauthorized person can access them. Cabonline is not responsible for transmission errors, distortion or loss of data or otherwise for the security of data transmission in the telecommunications network. The provisions on confidentiality in this section apply during the term of the agreement and five years thereafter.
15. SUBSCRIPTION FOR COMMUNICATION SERVICES
The Customer is responsible for the communication and telecommunications services and any subscription for such services needed to be able to communicate with Cabonline or others. The customer pays all communication and telecommunications costs for such communication. Unless otherwise agreed in writing, Cabonline has no responsibility for line and telecommunications services.
16. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights and technical solutions regarding Cabonline's services and associated software are the property and/or Cabonline's responsibility and are not transferred to the Customer and may not be used by the Customer beyond what is expressly permitted in the Agreement. The customer may thus not make systems, programs, methods, documentation and the like available to the public. The customer also does not have the right to modify, develop or sublet the service or associated software. If Cabonline provides software, the customer has the right to use this only together with the service and only as long as the customer has access to the service, after which the software and any copies must be returned to Cabonline immediately.
17. PERSONAL DATA
To fulfill this agreement, Cabonline will need to process personal data. The party who determines the purpose and procedure for processing personal data is considered to be the person responsible for personal data in accordance with applicable data protection legislation. The party who processes personal data on behalf of the person responsible for personal data and according to his instructions is a personal data assistant. Neither Cabonline nor the Customer can exercise control over the other party regarding the information processed by the other party or the purposes for which the information is processed or how it is processed. Therefore, neither Cabonline nor the Customer is considered to be the personal data assistant for the other party. The parties agree that each party is to be regarded as the person responsible for personal data for their own personal data within the framework of the Service. The parties are responsible and act for each party as personal data controller and responsible for ensuring that their respective processing complies with current data protection legislation, including EU Regulation 2016/679 (GDPR). Personal information that is to be processed within the framework of the Services, for example information about passenger data such as name, e-mail addresses, mobile phone number and card information about the Customer's employees' information provided for taxi travel. Cabonline processes personal data in order to provide its services, to produce deidentified statistics and to test and develop Cabonline's IT systems and services. The customer is responsible for personal data for the following main personal data processing for establishing a traveler profile in Cabonline's app, web and telephone booking to book taxi journeys at agreed prices. Cabonline is responsible for personal data for the following main personal data processing for provided traveler data in app, web and telephone booking by the Customer's employees to book taxi journeys at agreed prices. In other cases where Cabonline processes personal data on behalf of the customer, i.e. where the customer decides the purposes and means of the processing, the customer is the personal data manager and Cabonline the customer's personal data assistant. In these cases, Cabonline must comply with current GDPR regulations and a special assistance agreement is drawn up between the parties
18. AMENDMENTS AND SUPPLEMENTS
Cabonline reserves the right to change the terms of this agreement in the following manner. a) Cabonline sends a notice to the Customer at least 30 days before the change takes effect. If the Customer does not want to accept the change, the Customer has the right to withdraw from the Agreement on the day the change becomes effective for the service or services affected by the change. In that case, the customer must notify Cabonline in writing no later than the weekday before the change date. b) Notwithstanding paragraph 18.1 (a) above, Cabonline has the right to immediately amend or repeal contractual provisions if this is caused by law, regulation or decision of an authority or court including fee changes and compensation due to changed taxes or other levies. Such change may take place at the time that follows from the constitution or decision and regardless of the reason for the change. Cabonline is obliged to notify the Customer as soon as possible of the time of the change. c) Cabonline also has the right to charge additional fees in addition to agreed fees and compensation to cover increased costs, e.g. currency fluctuations and government levies, etc. outside Cabonline's control. Cabonline also has the right to change these fees without prior notice to the Customer.
19. DISPUTES
In the event of a dispute between Cabonline and the Customer, the parties shall in the first instance seek to reach a solution through negotiation. In the event that the parties fail to reach a solution through negotiation, the dispute shall finally be decided by a competent general court at the domicile of the invoicing company. The litigation procedure shall be subject to the legal rules that apply to the domicile of the invoicing company. For the purposes of this provision, invoicing companies shall be deemed to be domiciled in the place of: (a) their registered office, or (b) their head office, or (c) where they have their principal place of business in accordance with EU Regulation (EC) 44/2001; 60.1.