Terms & Conditions for Passengers

Terms and Conditions for Passengers

Effective 12/06/2020. Last Revised 12/06/2020. These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the Ryde app. The term "us" or "we" refers to the owner of the Ryde app, Ryde Technologies Ltd, a private limited company, founded in the Republic of Malta (Company Registration Number C94482), whose place of business is at Gasan Centre, Triq il-Merghat, Central Business District, Birkirkara, CBD 1020, Malta. In order to use Ryde app you must agree to the terms and conditions that are set out below:

1. Using the Ryde app

1.1 Ryde provides a platform service and does 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 Ryde app and receipts for journeys are sent to the email address listed in the passenger’s profile.

1.2 When using the Ryde app, you can choose whether to pay the driver for the transport service or use Ryde in-App Payment. Payments for Ryde Business rides are handled by a separate agreement for Business journeys. Charges will be inclusive of applicable taxes where required by law. 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 Ryde app, the passenger’s mobile number is linked to the respective Ryde user account and added to our database. If you are no longer using your mobile number, you must notify Ryde 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 assign the same mobile number to another person and when using Ryde app, this new person can see your data.

2. Promotions

2.1 Ryde may send you promotional codes on a per promotion basis. Promotional codes can award discounts, or credit you with Ryde Cash. Both Discounts and Ryde Cash can be applied towards payment on completion of a ride or other features or benefits related to the service and/or a Third Party’s service and are subject any additional terms that are established on a per promotional code basis. Expiration dates of promo codes will be reflected in-app once you have applied the promo code to your account.

2.2 If your trip amount exceeds the redeemable credit allocated to your ride, the balance will be automatically deducted from the payment method set out before the ride. Only one promotional code may be applied per trip.

2.3 Ryde reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if Ryde deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.

2.4 Ryde also has a Loyalty Reward Plan, through which you can be rewarded according to your use of the Ryde app. The Loyalty Reward Plan rewards will be communicated to you beforehand. Rewards will consist of Ryde Cash rewards, which can be applied towards payment on completion of a ride. Loyalty Reward Plan rewards are credited to your Ryde account at 00:00 CET of the following day.

2.5 Ryde makes use of a Scratchcard promotion, which is rewarded on a campaign basis. A campaign may run in which after every completed ride, you are rewarded with a scratchcard. This scratchcard may reward you with Ryde Cash, but winnings are not guaranteed. Ryde Cash can then be applied towards payment on completion of a ride.

3. Ryde in-App Payment

3.1 You can pay for the transport services with a credit/debit card through the Ryde app, and other payment methods (e.g: Ryde Business), which require prior activation in the Ryde app. By providing Ryde in-App Payment service, Ryde 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 Ryde’s bank account. You, as a passenger are responsible for ensuring that the payment takes place and ensuring that there are sufficient funds available.

3.2 When making payments by Ryde in-App Payment, Ryde receives your payments and forwards money to the driver. Ryde may ask additional data from you to verify payment method.

3.3 When making payments by Ryde in-App Payment for transport services, Ryde is not responsible for possible third-party payment costs (e.g mobile operators, bank fees). These service providers may charge you additional fees when processing payments in connection with the Ryde in-App Payment. Ryde is 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.

3.4 Ryde will be responsible for the functioning of Ryde in-App Payment and provide support in resolving problems. The resolution of disputes related to Ryde in-App Payment also takes place through us. For payment support service please contact: [email protected] . Inquiries submitted by email or through the Chat Support function in the Ryde App will receive a response within three business days. Ryde will resolve Ryde in-App Payment related complaints and applications within five business days.

4. Ordering and cancelling transport services

4.1 If you order a transport service and the driver has agreed to undertake the work then the transport service is considered to be ordered.

4.2 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. Ryde does not provide journeys and is not a party to your agreement with the relevant driver.

4.3 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 may be required to pay a cancellation fee.

4.4 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 longer period (e.g: 6 month). After that period you could ask to reactivate your account and your application will be reviewed by Ryde.

4.5 When the 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 Ryde app, the driver may cancel the request. Please note that Ryde is not responsible for such situations.

4.6 Once the driver arrives and sends you a notification that he/she has arrived, the Ryde app may begin charging the fare on a waiting time basis according to the rates specified in the Ryde app.

4.7 If you have requested transport services using the Ryde app 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 penalty of 50 EUR and require compensation for any damages exceeding the penalty. If you do not pay the penalty and/or compensate the damage, Ryde may pursue the claims on behalf of the provider of the transport service.

5. License to use Ryde app

5.1 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 Ryde app in accordance with these General Terms and Conditions, the Privacy Policy and the applicable app-store terms. You may not transfer or sub-license this right to use the Ryde app. In the event that your right to use Ryde app is cancelled, the corresponding non-exclusive license will also be cancelled.

6. Liability

6.1 As the Ryde app 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 Ryde app for requesting transport services depends on the behaviour of the drivers, Ryde does not guarantee that you will always have offers available for the provision of the transport services.

6.2 The Ryde app does not offer or broker transport services for passengers. It is also not a transport agency service for finding passengers for transport providers. The Ryde app is used as the means for organising the provision of transport services.

6.3 The consumer’s right of refund is not applied to Ryde app 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.

6.4 The Ryde app is provided on an “as is” and “as available” basis. Ryde does not represent, warrant or guarantee that access to Ryde app 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.

6.5 Ryde, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using Ryde app or relying on, the journey contracted for through the Ryde app, 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.

6.6 The financial liability of Ryde in connection with breach of the contract will be limited to 200 euros. You will have the right to claim for damages only if Ryde has deliberately violated the contract. Ryde 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.

6.7 You agree to fully indemnify and hold Ryde, their affiliate companies, representatives, 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 Ryde app (including the journeys you obtain through your use of the Ryde app).

6.8 Ryde may immediately end your use of the Ryde app if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of Ryde or the safety of drivers.

7. Good practice using the Ryde app

7.1 As Ryde is 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.

7.2 We ask you to always rate your Ryde experience and provide feedback on it, in the Ryde app. This enables us to offer suggestions to the drivers for improving the quality of their service.

7.3 We expect that you use Ryde app in good faith and be respectful of the drivers who offer their services through Ryde app. Ryde 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 Ryde app account may be revoked without prior notice.

7.4 Ryde will make every effort to ensure that only drivers, who have integrity and are respectful of their profession and passengers, use the Ryde app. However, we are in no position to guarantee that every provider of transport services, located by the Ryde app, 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.

8. Amendments to the General Terms and Conditions

8.1 If any substantial amendments are made to the General Terms and Conditions, then you will be notified by email or Ryde app popup & notifications. If you continue using Ryde app, you will be deemed to accept the amendments.

9. Final Provisions

The General Terms and Conditions will be governed by and construed and enforced in accordance with the laws of the Republic of Malta. 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 the Maltese Courts. 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.