Updated February 2020
Eder shall mean Eder UK, a private limited company incorporated and registered in England and Wales with company number 11028645 whose registered office address is 950 Great West Road, Brentford, Middlesex, TW14 0AY
Part 1 – Booking Service Terms
“Booking Services” means the services set forth in paragraph 4 of this part 1 which shall be provided to you by Eder UK
PHV Regulations
In accordance with the Private Hire Vehicles (London) Act 1998 (the “1998 Act”), the Civic Government (Scotland) Act 1982 (the “1982 Act”), the Taxis Act (Northern Ireland) 2008 (the “2008 Act”), and any regulations made in accordance to such Acts, and the Local Government (Miscellaneous Provisions) Act 1976 (the “1976 Act”) and any related local government regulations pertaining to the operation of private hire vehicles (all together, the “Legislation”), a booking made by you can only be accepted by a person that holds a relevant operator’s licence.
In accordance of the 1998 Act, Eder UK is the holder of the relevant PHV operator’s licence. In respect of the 1976 Act, Eder UK is the holder of the relevant PHV operator’s licence in each of the district councils (other than the Metropolitan Police District and the City of London) in which Eder operates. In respect of the 1982 Act, Eder UK is the holder of the relevant booking office licences. In respect of the 2008 Act, Eder UK is the holder of the relevant operator’s licence.
Booking Services by Eder UK
Eder UK provides the following Booking Services which include:
In each case in accordance with any relevant provisions of the Legislation. In accordance to and for the purposes of the Legislation, Eder UK accept bookings at its registered address and/or operating centres and is subject to all statutory and regulatory obligations and liabilities with respect to that activity.
Your Contract with a Transportation Provider
Eder UK is not a Transportation Provider and does not provide transportation services. Transportation services are provided to you under a contract (“Transportation Contract”) between you and the Transportation Provider that is identified to you in the booking confirmation provided by Eder UK
Eder UK is not a party to the Transportation Contract and acts as a disclosed agent for the Transportation Provider in communicating the Transportation Provider’s agreement to enter into the Transportation Contract.
Payment
Booking Services are provided free of charge to you by Eder UK. Eder UK reserves the right to introduce a fee for the provision of the Booking Services. Should Eder UK decide to introduce such a fee, it will inform you accordingly and allow you to either continue or terminate your access to the Booking Services through the Eder app at your option.
The rates that apply for the transportation services provided by the Transportation Provider can be found on the website and through the Eder app. The rates are subject to change and may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the transportation services.
Limitation of Liability
Eder UK will not be liable to you in any way to the extent permitted by applicable laws, whether such liability arises in contract (by the way of indemnity or otherwise), infringement of a right (including negligence), misinterpretation, breach of statutory duty, restitution or for any theft or loss of your or any other person’s property in connection with the Booking Services or any booking accepted by Eder UK;
Nothing in these Terms and Conditions will limit to exclude Eder UK’s liability to you for personal injury or death caused directly by Eder UK’s negligence.
Applicable Law
The Booking Services and the Booking Service Terms set out in this Part 1 and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms shall be governed by, construed and take effect in accordance with the laws of England and Wales.
Any dispute claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of England and Wales.
Part 2 – Terms of Use
The Terms of Use (“Terms”) apply to your visit and your use of the website and the Eder App as well as to all other information, recommendation and/or services provided to you on or through the website and the Eder App, but for the avoidance of doubt these user Terms do not apply to the Booking Services defined and described in the above Part 1. The defined terms in Part 2; however, shall have the meaning given in Part 1 unless otherwise specified.
The terms in Part 2 govern the access or use by you, an individual from within any country in the world (excluding the United States of America and its territories and possessions and Mainland China) of applications (including the Eder App), websites, content, products and services (the “services”) made available by Eder a private limited company incorporated and registered in England and Wales with company number 11028645 whose registered office address is 950 Great West Road, Brentford, Middlesex, TW14 0AY. In relation to PHV Bookings, the Services enable you to access the Booking Services provided by Eder UK described above in Part 1, but for the avoidance of doubt these Terms do not apply to the Booking Services defined and described in Part 1
Please read these Terms carefully before accessing or using the Services:
Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and Eder. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Eder may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at anytime for any reason. Eder will provide you with as much notice as it reasonably can of such termination, cessation or denial, being at least 24 hours’ notice. However Eder reserves the right to terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, immediately at anytime without notice if (a) you are in breach of these terms, (b) it is impractical to give such notice in the circumstances, or (c) in Eder’s opinion, any delay in such termination would expose Eder or a third party to significant risk of harm or damage.
Supplemental terms may apply to certain Services, such as policies for an event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms of 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.
Eder may amend the Terms related to the Services from time to time. Amendments will be effective upon Eder’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Eder’s collection and use of personal information in connection with the Services is as provided in our Privacy policy document which can be found at https://eder.taxi/privacypolicy. Eder 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 Provider) and such information or data is necessary to resolve the complaint, dispute or conflict.
The services constitute a technology platform that enables users of Eder’s mobile applications or websites provided as part of the Services (each, an “Application”) to pre-book and schedule transportation services with independent third party providers of such services, including independent third party transportation providers (including Transportation Providers as defined in Part 1), under agreement with Eder or certain of Eder’s affiliates. Unless otherwise greed by Eder in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. You acknowledge that Eder does not provide Transportation Services or function as Transportation Provider and the Services are provided by Independent Third-Party contractors who are not Employed by Eder or any of its affiliates.
License
Subject to your compliance with these Terms, Eder grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (a) access and use the Applications on your personal device solely in connection with your use of the Services; and (b) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted hereon are reserved by Eder and Eder’s licensors.
Restrictions
You may not (a) remove any copyright, trademark or other proprietary notices from any portion of the Services; (b) 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 Eder; (c) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (d) link to, mirror or frame any portion of the Services; (e) 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 (f) attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks
Provision of Services
You acknowledge that portions of the Services may be made available under the transportation booking brands referred to as “Eder Traveller”, “Eder Plus”, “Eder Executive” and “Eder Premium”. You acknowledge that the services may be made available under such brands, booking or request options by or in connection with (a) Eder’s subsidiaries and affiliates; or (b) 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 Eder does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Eder does not endorse such third-party services and content and in no event shall Eder be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc, Google Inc, Microsoft Corporation or Blackberry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows or Blackberry powered mobile devices respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices are subject to terms set forth in the applicable third-party beneficiary’s terms of service.
Ownership
The Services and all rights therein are and shall remain Eder’s property or the property of Eder’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights; (a) in or related to the Services except for the limited license granted above; or (b) to use or reference in any manner Eder’s company names, logos, product and service names, trademarks or services marks or those of Eder’s licensors.
User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain a User Account. Account registration requires you to submit to Eder certain personal information such as your name, address, mobile phone number, age as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete and up-to-date information in your account. Failure to maintain accurate, complete and up-to-date Account information including having an invalid or expired payment method on the account, may result in your inability to access and use the Services or Eder’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you always agree to maintain the security and secrecy of your Account username and password. Unless otherwise permitted by Eder in writing, you may only possess one Account.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorise third parties to use your account, you may not allow persons under the age of 18 to receive transportation services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes (ex. no transport of unlawful or hazardous materials). You will not, in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the third-party provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services and you agree that you may be denied access to use of the Services if you refuse to provide proof of identity.
Text Messaging
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Eder at any time. You acknowledge that opting out of receiving text (SM) messages may impact your use of the Services.
Promotional Codes
Eder may in its sole discretion, create promotional codes that may be redeemed for Account credit, or other benefits related to the Services and/or a third-party provider’s services, subject to any additional terms that Eder establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (a) must be used for the intended audience and purpose, and in a lawful manner, (b) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Eder; (c) may be disabled by Eder at anytime for any reason without liability to Eder; (d) may only be used in accordance to the specific terms that Eder establishes for such Promo Code; (e) are not valid for cash; and (f) may expire prior to your use. Eder reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Eder determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content
Eder may in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Eder through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. By providing User Content to Eder, you grant Eder a worldwide, perpetual, irrevocable, transferable, royalty-free licence with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Eder’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (a) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Eder the license to the User Content as set forth above, (b) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Eder’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive as determined by Eder in its sole discretion, whether or not such material may be protected by law. Eder may, but shall not be obligated to review, monitor, or remove User Content, at Eder’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates as well. Eder does not guarantee that the Services, or any portion thereof, will function on any hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
You understand that use of the Services may result in charges to you for the services you receive from a third-party provider (“Charges”). After you have received services obtained through your use of the Services, Eder will facilitate your payment of the applicable Charges on behalf of the third-party provider as disclosed payment collection agent for the third-party provider (as principal). Payment of the Charges in such manner shall be considered the same as payment made directly by you to the third-party provider. Charges will be inclusive of applicable taxes where required by law. Charged paid by you are final and non-refundable, unless otherwise determined by Eder. You retain the right to request lower charges from a third-party provider for services received by you from such third-party provider at the time you receive such services. Eder will respond accordingly to any request from a third-party provider to modify the Charges for a service.
All Charges are due immediately and payment will be facilitated as soon as practicable by Eder using the preferred payment method designated in your Account, after which Eder will send you a receipt by e-mail. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Eder may as the third-party provider’s disclosed payment collection agent, use a secondary payment method in your Account, if available.
Eder reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained using the Services at any time in Eder’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Eder will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts. Eder may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a third-party provider at any time prior to such third-party provider’s arrival, in which case you may be charged a cancellation fee. The current cancellation fee applicable can be found on our website in the link www.eder.taxi/Rates
The payment structure is intended to fully compensate the third-party provider for the services provided. Except with respect to taxicab transportation services requested through the Application in some jurisdictions, Eder does not designate any portion of your payment as a tip or gratuity to the third-party provider. Any representation by Eder (on Eder’s website, in the Application, or in Eder’s marketing materials) to the effect that tipping is “voluntary”, “not required”, and/or “included” in the payments you make for the services is not intended to suggest that Eder provides any additional amounts, beyond those described above, to the third-party provider. You understand and agree that while you are free to provide additional payment as a gratuity to any third-party provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your third-party provider.
Repair or Cleaning Fees
You shall be responsible for the cost of repair for damage to, or necessary cleaning of third-party provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a third-party provider reports the need for Repair or Cleaning and such Repair or Cleaning requests are verified by Eder in Eder’s reasonable discretion, Eder reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the third-party provider using your payment method designated in your Account. Such amounts will be transferred by Eder to the applicable third-party provider and are non-refundable.
Disclaimer
The services are provided “As Is” and “As Available”. Eder disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Eder makes no representation warranty or guarantee regarding the reliability, timeliness quality, suitability or availability of services requested using the services or that the services will be uninterrupted or error-free. Eder does not guarantee the quality, suitability, safety or ability of third-party providers. You agree that the entire risk arising out of your use of the services and any service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
Limitation of Liability
Eder 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 the services, even if Eder has been advised of the possibility of such damages. Eder shall not be liable for any damages, liability or losses arising out of: (a) your use of or reliance on the services or your inability to access or use the services; or (b) any transaction or relationship between you and any third-party provider, even if Eder has been advised of the possibility of such damages. Eder shall not be liable for delay or failure in performance resulting from causes beyond Eder’s reasonable control. In no event shall Eder’s total liability to you in connection with the services for all damages, losses and causes if action exceed two hundred fifty pounds (£250).
Eder’s services may be used by you to request and schedule transportation with third-party providers, but you agree that Eder has no responsibility or liability to you related to any transportation provided by third-party providers other than as expressly set forth in these terms. The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
Indemnity
You agree to indemnify and hold Eder and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including solicitor fees) arising out of or in connection with: (a) your use of the Services or services obtained through your use of the Services; (b) your breach or violation of any of these Terms; (c) Eder’s use of your User Content: or (d) your violation of the rights of any third party, including third-party providers.
Except as otherwise set forth in this Agreement, the Terms contained in this Part 2 of this Agreement shall be exclusively governed by and construed in accordance with the laws of England and Wales, excluding its rules on conflicts of laws. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Disputes can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules Emergency Arbitrator provisions are excluded.
The Dispute shall be resolved by one (a) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be England without prejudice to any rights. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third part without the express written consent from the other party unless: (a) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (b) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
Claims of copyright Infringement
Claims of copyright infringement should be sent to Eder’s designated agent. Please visit Eder’s website for the designated address and contact information.
Notice
Eder may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Eder by written communication to Eder’s address at 950 Great West Road, Brentford, Middlesex, TW14 0AY, United Kingdom.
General
You may not assign or transfer these Terms in whole or in part without Eder’s prior written approval. You give your approval to Eder for it to assign or transfer these terms in whole or in part, including to: (a) a subsidiary or affiliate; (b) an acquirer of Eder’s equity, business or assets; or (c) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Eder or any third-party provider as a result of the contract between you and Eder or use of the Services.
If any provision of these Terms are held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to”.