myDriver São Paulo – Terms & Conditions
Please note: myDriver Sao Paulo provides the English translation Terms & Conditions for the convenience of our English-speaking customers. However, only the original German-language version is legally binding.
§1 AREA OF APPLICATION
myDriver São Paulo
The provider and contractual partner for all supplies, services and offers is the sole proprietor
Ruth Müller
Weichselstrasse 11
89231 Neu-Ulm
E-Mail:info@mydriversaopaulo.com
VAT Identification Number 151/263/60190
Bank account IBAN DE26 200 905 00 000 251 3811
Augsburger Aktienbank AG, BIC GENODEF1S15
Holder of the account myDriver Sao Paulo, Inh. Ruth Müller
referred to as "myDriver São Paulo" or "we" in these terms & conditions.
myDriver São Paulo mediates transfer services in the area of São Paulo/ Brazil to our customers (referred to as Purchasers). myDriver São Paulo provides to the Purchaser an entitlement for a transfer service against a carrier (referred to as Carrier) that is independant from myDriver São Paulo in the context of an arrangement of an entitlement to carriage for the Purchaser; myDriver São Paulo ourselves do not provide transport services.
These terms & conditions (also referred to as (T&C) form part of any agreement of the Purchaser about arrangement of an entitlement to carriage with myDriver São Paulo. We contradict any deviating terms and conditions of the Purchaser, even in the case of written confirmations or services without any reservation. Different regulations apply only upon a written consent of the owner of myDriver São Paulo.
§ 2 CONTRACTUAL RELATIONS & CONCLUSION OF THE CONTRACT
Contractual Relations
myDriver São Paulo performs the transfer services mediated on the Internet site neither themselves nor via third parties, but provides to the Purchaser an entitlement for a transfer service against a Carrier who is independant from myDriver São Paulo. myDriver São Paulo brings together the Purchaser and the Carrier as contractual partners and therefore acts as a messanger of the Purchaser to the Carrier. This results in a direct right of the Purchaser to claim the transfer service and other rights directly from the Carrier.
myDriver São Paulo and the Purchaser solely agree on an arrangement of an entitlement to carriage, and not on a transfer service. The Purchaser ows the full compensation to the Carrier. It composes the ride fee of the Carrier and the mediation fee of myDriver São Paulo. Depending on the payment method agreed, the Purchaser or the Passenger pay the full compensation.
Conclusion of the Contract
By sending the reservation form provided on our Internet site, or by confirming our price indication for requested rides by e-mail, you provide a binding offer to us to conclude the contract on the arrangement of an entitlement to carriage with you. The object of this contract is to secure the transfer service required by the Purchaser. You provide your offer by having filled out all the data required during the reservation process and by subsequently sending the order form to us, pressing the button "Make a binding reservation now", or by confirming our price indication for specific transfers per e-mail.
A contract (arrangement of an entitlement to carriage) between you and myDriver São Paulo comes into effect with our confirmation of your reservation, in which we confirm the reception and the unconditioned acceptance of your offer by e-mail, or with the performance of the required transfer service to you by the Carrier. The estimated distance represents a significant part of the confirmation of your reservation. The Purchaser is obliged to check their plausibility when receiving the confirmation. myDriver São Paulo is obliged to the Purchaser to arrange only a service of the estimated distance. Then you as the Purchaser have the direct right to claim the transfer and other rights directly from the Carrier.
A contract between you and the Carrier comes into effect when myDriver São Paulo have passed both, the Carrier's data to you and the Purchaser's data to the Carrier.
The contractual language is German or English.
§ 3 COST FOR THE PURCHASER
Principles
For all ways of payment, the Purchaser ows the entire purchase price to the Carrier. The confirmation of the reservation states the compensation (entire purchase price) for the Carrier. The compensarion is defined in Brazilian Real.
Payment
The Purchaser or the Passenger principally pay only after the service was provided. Of all the transfers actually started, they pay only those transfers that were effectuated to her or his satisfaction.
The full compensation can be paid during the reservation process on our website by credit card, via bank transfer or in cash with the Carrier in the vehicle.
Usind the credit card payment on our website, the Purchaser pays in Euros. During the reservation, the Purchaser gives the permission to a subsequent charging of his or her credit card account. Some days before the first ride, myDriver São Paulo will reserve the amount plus a surcharge of 30% for potential spontaneous services on the credit card. We will initiate the actual debiting of the final amount only after your last ride. myDriver São Paulo will carry the incurring credit card fees. Potential transaction fees (such as fees resulting from different currencies) are born by the Purchaser. In case that creadit card bookings are declined, myDriver São Paulo will pass on the fees resulting thereof (credit card emittent plus bank), and reserves the right to charge an appropriate processing fee per incident.
For a payment via bank transfer, the Purchaser pays to our German bank account in Euros. The payment will be split according to the amounts and dates mentioned in the confirmation of the reservation: 50% of the full compensation of the reservation will be due within about five days after the reservation, the value remaining to cover the actual full compensation will be due within about 20 days after the last reserved ride.
A cash payment can be done in Brazilian Real, or alternatively in Euros, US-dollars or Swiss Francs. The exchange rate is based on the moment of the reservation, as stated in the confirmation of the reservation. If paid in cash in Brazilian Real, the Carrier will give the change. If paid in other currencies, the Passenger is not entitled to receiving a change.
Planned Rides
Reservations for planned transfers can be made until 12 hours before the agreed start of the transfer. They can be made via our site or via e-mail contact.
Spontaneous Rides
The Purchaser (and also the Passenger) may change the modalities of the transfer after concluding the arrangement of an entitlement to carriage, and even - as far as feasible for the Carrier - after starting the transfer.
For a spontaneous enlargement of the transfer upon the Purchaser's or Passenger's request, the actual scope of services rendered is re-calculated, according to the then valid pricing structure. If the value decreases compared to the former reservation, the compensarion remains at the value initially agreed.
Change or Cancel Reservations
Cancellations are free until 12 hours before the agreed start of the ride. In all other cases, the full compensation for the ride must be paid. Rides can obly be cancelled using the cancellation form on our web site or by e-mail contact.
Changed reservations (re-bookings) are generally treated as new reservations. The regularions on cancelled rides thus apply to the transfer initially agreed. The Carrier may therefore have the right for a compensation of the transfer initially agreed.
Waiting and Delays
myDriver São Paulo keeps the waiting times of the Carrier between various transfers of the same Passenger free for the Purchaser. It is our target to also keep the waiting times for single transfers free as much as possible.
For pick-ups from airports, seaports or bus terminals (Rodoviarias), the Carrier will wait up to two hours after the actual arrival time displayed in the arrival area. For pick-ups from other places, the Carrier will wait two hours after the agreed pick-up time. After this, the transfer is deemed to be not accepted by the Passenger. The first hour of the waiting time is free; from the second hour of waiting after the agreed waiting time, a cost of 50 R$ per hour commenced for the waiting time of the Carrier and for parking fees incurres.
If the Passenger does not start a ride without cancelling at least 12 hours before, the right for the ride of the Purchaser to the Carrier is omitted. Transfers not accepted by the Passenger must be fully compensated. Waiting times of the Carrier without an information by the Passenger must also be fully compensated.
Something else applies if the Passenger and the Carrier have agreed a later pick-up time by electronic message. The first hour of the time difference between the initial and the new pick-up time is free. From the second hour, a cost of 50 R$ per hour commenced for the waiting time of the Carrier and for parking fees incurres. The Purchaser and the Passenger do not have a right to change the pick-up time.
Time for Payment
The compensation gets mature right with the termination of the last transfer which has been reserved on our web site within one single reservation process or which has been confirmed with one confirmation of the reservation by myDriver São Paulo. The Carrier prepares an overall receipt over the total value for all transfers of the reservation. In business trips, this receipt can typically be expenses as travel expenses.
Dunning Letters
myDriver São Paulo may charge an appropriate dunning charge for any dunning.
Vouchers
myDriver São Paulo wants to support the passengers with all transfers in São Paulo. That is why we grant a voucher for major reservations. The confirmation of the reservation in printed or electronical form represents the voucher. It is based on the total order value within one reservation the web site or within the confirmation of the reservation by us. Various reservations made by the same Purchaser during different times cannot be cumulated for voucher purposes, as for privacy and useability reasons we do not set up customer accounts.
The Passenger may convert the voucher as a price reduction for an additional, not yet reserved transfer with the Carrier. The minimum value of such an additional transfer is 200 Brazilian Real. Vouchers can only be converted individually and not be cumulated. A cash pay-out is not possible.
§ 4 PRIVACY
We are pleased by your interest in our web site and in our enterprise. In spite of careful research, we do not assume responsibility for external links to third-party content.
The protection of your personal data during the collection, processing and use in the context of your visit on our site is important to us. We protect your data, based on the legal requirements of the European General Data Protection Regulation (GDPR). Below you find information on how our site collects and uses your data:
Collection and Processing of Data
Any access to our web site and every call-up of a file installed on the site are recorded. This information is recorded: name of the file called up, data and time of the call-up, data quantity transferred, confirmation of the successful call-up, web browser and requesting domain. In addition, the IP adresses of the requesting devices are recorded. The storage serves for guaranteeing the safety of the website against attacs.
Further personal data is only recorded if you give the information voluntarily, for example for a request or a registration.
Usage and Transfer of Personal Data
As far as you have given us personal data, we use them only to answer your requests, to execute the contracts concluded with you and for the technical administration. We collect data regarding your e-mail adress to communicate with you for the order execution and for requesting your feed-back, regarding your name for the reception plate, your mobile number for potential contacts during your trip (in Brazil, SMS are often more robust than WiFi), as well as regarding the desired trips / prices / way of payment.
We forward your personal data to third parties only as far as this is required for executing the contract - particularly for reservation data to Carriers and suppliers -, for the settlement and payment, or as far as you have agreed on the transfer. We forward to the drivers only your name / text on the reception plate and the desired trips and prices and the way of payment. We do not transfer your E-mail adress nor your mobile number.
Our website is stored on a German server. During our contact with the server, personal data may be stored on non-European servers of smartphone providers. The related countries typically have corresponding data protection agreements aiming at securing a comparable protection level as inside the EU (e.g. Privacy Shield agreement with the U.S.).
If you pay by credit card on our website, we will not record your payment data. Only our certified payment provider will record your data in encrypted form. The payment provider fully complies with the Payment Card Industry Data Security Standards (PCI DSS).
We delete our records with your personal data upon your revocation of the agreement on the data recording, when the knowledge of the data is not required any more in order to fulfill the purpose for which it was recorded, or if the recording is unlawful. All order-related data will be deleted after the 10 year legal time frame for saving invoices.
Your Right to Revoke Your Agreement to the Data Transfer
You have the right to revoke an agreement to the transfer of your personal data for the future in writing at any time.
Your Other Rights on Data Privacy
You have the right to be informed about all the data concerning your person which we have saved. You also have the right that we erase and correct the data relating to your person. Please contact us in writing to exercise these rights.
XXXXX You have the right to limit our data processing, to contradict the usage of your personal data or to claim violations of the data protection laws to a data protection authoritiy, as well as a right concerning data transfers. Please contact us in writing to exercise these rights.
Security advice
By various technical and organizational measures, we strive for recording your personal data in a way that they are not accessible for others. In e-mail communications, we cannot guarantee full data privacy, so that we recommend to use paper mail for confidential information.
Google Analytics
This web site uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files stored on your computer which enable an analysis of your usage of the web site. The information generated by the cookie about your usage of this website (including your IP adress) is transmitted to a Google server in the U.S. and stored there. Google will use this information to analyse your usage of the web site, to built reports for the web site owner about your web site activities, and to provide other services related to the web site usage and internet usage. Google will also transmit this information to third parties if this is required by law or as far as these third parties process the data upon Google's request. In no case will Google connect your IP adress to other data filed by Google. You may impede the installation of cookies on your computer in your browser settings. We use the data out of economic interest, in order to optimize the content both, of our website and of our advertisements.
By using this web site, you declare your agreement to the processing of the data recorded about you by Google in the above described way and to the above described purpose.
§ 5 SERVICES OF myDriver São Paulo
Mediation of the Carrier
myDriver São Paulo mediates a Carrier with the profile described (vehicle, languages) in the unconditioned confirmation of your reservation to the Purchaser. In case of a Carrier being not available upon good cause, such as illness or shortfall to meet the requirements for the accreditation, myDriver São Paulo will use a reasonable effort to mediate a Carrier with the reserved profile. Should this not be successful, myDriver São Paulo may unilaterally decrease the language category from English to Portuguese. In such a case, myDriver São Paulo is required to reduce the compensation according to the then valid pricing structure.
If the Purchaser has chosen to pay by bank transfer and if the payment due before the first ride has not arrived on our bank account at the agreed date, myDriver São Paulo will search for an amicable solution. Should this fail, then myDriver São Paulo is entitled to cancel all reserved rides of the Purchaser without any compensation.
Availability
Along wirh the confirmation of your reservation or with an information on a change of the Carrier, myDriver São Paulo sends the mobile phone number of the Carrier and an emergency number for SMS or calls in English and Portuguese to the Purchaser. The hotline is available
- for pick-ups on airports or sea ports from 30 minutes after the scheduled landing
- for pick-ups in other places from the agreed pick-up time
until the arrival of the Carrier, maximum for one hour. Incoming messages will typically be read within 15 minutes. As telecommunication in Brazil can be difficult, myDriver is not responsible for the technical accessibility of the hotline.
If the Purchaser has given the Passenger's mobile number during the reservation, myDriver São Paulo or the Carrier will send an SMS to the Passenger, as soon as the Carrier reaches the agreed pick-up location.
§ 6 SERVICES OF THE CARRIER
Delays
Exceptional situations, such as flight control strikes, extremely bad wheather or traffic conditions etc. can be compensated only to a limited extend, so that the Purchaser and the Passenger accept longer delays or even cancellations in these cases.
Vehicle
The vehicles shown on the web site represent illustrative examples. They give the right for a vehicle class, but not for a specific vehicle type. Depending on the availability, an upgrade to a higher vehicle class (e.g. Executive to Team, or one Team vehicle to two Executive vehicles) is always possible, without any additional cost for the Purchaser.
myDriver directs the Carriers to insure the vehicles against damages - also of the Passengers -, and to service the vehicles regularly according to the recommendations of the car builders. myDriver São Paulo cannot accept a responsibility for the existence of an insurance or for the servicing according to the car builders recommendation.
Safety of the Transfer
Information on the Number of Passengers and Luggage
The number of passengers and luggage pieces indicated for a specific vehicle is a non-binding estimate of factors like size and weight. The Carrier may refuse the transfer of Passangers or luggage pieces upon her or his discretion if the room and safety conditions do not permit the transport in her or his view.
Luggage, Animals
The Carrier may refuse the transport of animals not indicated in the reservation and agreed upon her or his discretion, particularly without an appropriate, closed transport box.
Children
The Purchaser must state the need for child car seats by indicating the number and age as well as the required type of child car seat.
Hindrance of the Transfer
The Carrier may refuse the transfer if the Purchaser has not or not sufficiently described imperative requirements (for example resulting from applicable laws) in the reservation. Should these requirements make a transfer impossible, the compensation of the Carrier for the refused transfer remains effective.
§ 7 BEHAVIOUR OF THE PASSENGER
Should the Passenger not encounter the Carrier at the agreed pick-up location, he or she is obliged to contact myDriver Sao Paulo. This contact is frist established via e-mail or SMS, and in a second step with our emergency help-line.
With respect to the services of the Carrier, these behaviuor rules apply for the Passengers:
The Carrier bears responsibility for the safe execution of the transfer. All Passengers always have to follow the instructions of the Carrier. During the entire driving time, the then applicable traffic rules apply to all Passengers, particularly the duty to fasten the seat-belts on all seats of the vehicle. For safety reasons, all Passengers are therefore prohibited to open the doors or any door lockings, to throw objects out of the window, to let parts of the body stick out of the window or to cry out of the vehicle.
Smoking is prohibited inside all vehicles. If a Passenger ignores this, the Purchaser barries the cost for cleaning the vehicle and for the loss of use caused hereby. It is not desired to bring along food. Alcoholic beverages can only be consumed on board with the prior agreement of the Carrier.
§ 8 OUR RESPONSIBILITY
Principles
myDriver São Paulo assumes the responsibility for the damages caused by myDriver São Paulo or our auxiliary persons or assistants by intentional act or gross negligence. However, the Carrier including all drivers and vehicles deployed by the Carrier are neither auxiliary persons nor assistants to myDriver São Paulo for the transfer service. myDriver São Paulo rather mediates a direct transfer right against the Carrier to the Purchaser.
For damages caused by negligence, myDriver São Paulo assumes the responsibility only if we have neglected essential contractual duties and only for foreseeable and typical damages. Essential contractual duties are those the performance of which enables the correct fulfillment of the contract in the first place and on the adherence to which the Purchaser can regularly trust. myDriver São Paulo is in particular only responsible for the selection of the carriers persuant to the contract.
Content of the Web Site
myDriver São Paulo is not responsible for the up-to-dateness, completeness, reliability and correctness of the content on our web site. As well, we are not responsible for any damages resulting thereof, except if myDriver São Paulo causes such damages by intentional act or with gross negligence. This encompasses all kinds of damages, particularly incorrect or missing content, viruses, loss of data, disturbance of the technical equipment and services, amd damages resulting from errors, delays or interruptions in the data transfer. myDriver São Paulo is furthermore not responsible for the functioning and availability of the funtionality offered.
Information About São Paulo and Brazil
It is our target to provide qualified and up-to-date tips for your stay in greater São Paulo. However, our information cannot replace the extensive personal information with authorities and local experts. When we provide general information about São Paulo and Brazil on our platform, they must not be interpreted as an official advice, and they are not be adapted to your individual needs. We therefore do not assume the responsibility for the information we provide on São Paulo and Brazil.
Third Party Web Sites
myDriver São Paulo does not assume the responsibility for the lawfulness, correctness, content or functionality of web sites of third parties, to which our online portal refers with links. Page views via links are on the site visitor's own risk.
Correctness of the Information Transferred, Disruptions of the Access
myDriver São Paulo does not assume the responsibility for the completeness and correctness of the information transferred and for the information reaching the Carrier or Purchaser in time. The content of the confirmation of your reservation is exempted hereof.
myDriver São Paulo is not responsible for any limitations of the access to our online platform due to force majeure or due to events beyond myDriver São Paulo's control, particularly the disruption of gateways or communication networks.
myDriver São Paulo is not responsible for the uninterrupted and error-free functioning of the web site and for the correction of potential mistakes.
Indemnification by the Purchaser
The purchaser indemnifies myDriver São Paulo from all rights and cost, including appropriate cost of legal defense, which a third party may claim against myDriver São Paulo for a breach of these terms and conditions or for an uncontractual use of our web site.
Changes in myDriver São Paulo's Offer
myDriver São Paulo reserves the right to modify the web site at any time in a manner reasonable to the Purchaser, in order to qualitatively improve or enhance the site. Furthermore, myDriver São Paulo has the right to discontinue our offer of the web site temporarily or permanently for important reasons, even without giving an individual information to the Purchaser.