By clicking on the “Accept and Proceed” button, you acknowledge that you have read these customer terms (“Customer Terms”) and agree to be bound by them.
Please ensure that you have read all of these Customer Terms before you start using the Application, as you will be bound by these Customer Terms when you click “Accept and Proceed”.
If you do not agree with any of these Customer Terms, you must immediately cease accessing and using the application and the services being provided under these Customer Terms. Your acceptance of these Customer Terms will operate as a binding agreement between you, OLA UK and OLA NL in respect of your use of the Application, the Booking Services and Services (each as defined below) and you continue to remain bound by these Customer Terms as long as you continue to use the Application, the Booking Services and/or the Services.
These Customer Terms are between OLA UK Private Limited (“OLA UK”), Ola Netherlands B,V, (“OLA NL”) (collectively OLA NL and OLA UK are referred to as “OLA”) and You (each a “Party” and collectively the “Parties”).
The Application contains booking functionality which enables You to book Rides and other Transport Services from OLA UK.
OLA UK provides: (i) Booking Services to enable You to book Rides on the Application and (ii) Transport Services.
These Customer Terms apply to Your access to, and use of, the Application (whether through a mobile phone or other electronic device), the Website, the Services and all information, recommendations and other products and services provided to You on or through the Application.
THE PARTIES AGREE AS FOLLOWS
DEFINITIONS AND INTERPRETATION
“Account” means the account created by You on the Application.
“Additional Costs” has the meaning given to that term in clause 6.2.
“Additional Fee” means any toll, duty, taxes, levies or similar fees or charges that are not included in the Fare but are (a) incurred during a Ride to any third party (including government agencies and regulatory authorities) under any Applicable Laws in connection with the Ride; and (b) are of a type approved by Ola.
“Affiliate” means, in relation to any entity, another company or entity that either directly or indirectly, through one or more intermediaries, Controls, is Controlled by, or is under common Control with that entity. For purposes of this definition, “Control” means, with regard to any company or entity, (i) the legal or beneficial ownership, directly or indirectly, of 50% or more of the shares (or other ownership interests if not a corporation) of the entity or company through voting rights or through the exercise of rights pursuant to an agreement; or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the entity or company.
“Agent” means any independent third party who is authorised to carry out the Services on behalf of OLA.
“Applicable Laws” means (in any relevant jurisdiction) all laws, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, statutory rules of an industry body, statutory and mandatory codes or guidelines or the like, writs, orders, injunctions, judgments applicable from time to time.
“Application” means the “OLA” software application and programmes provided by OLA to You subject to these Customer Terms.
“Booking Confirmation” means the booking confirmation provided by OLA UK to You when a Driver has been found for Your Booking Services Request in accordance with clause 4.5(ii) and as further specified in clause 5.
“Booking Services” shall mean such services provided by OLA UK which allows You to select and book Rides for Yourself or on someone else’s behalf on the Application and which are more fully described under clause 4 of these Customer Terms.
“Booking Services Request” has the meaning set out in clause 4.1.
“Business Day” means any day excluding a Saturday, Sunday or public holiday in the jurisdiction where You receive Transport Services from OLA.
“Cancellation Fee” means the amount payable by You as a result of You cancelling a Ride in accordance with clause 7, notified to You on the Application, or as updated here from time to time.
“Card Details” has the meaning set out in clause 6.4.
“Device” has the meaning set out in clause 3.1(iii).
“Driver” means the individual licensed driver (who may be an Agent) that provides taxis, private hire vehicles, rideshare vehicles and the like, and that operates the Vehicle for the performance of Rides.
“Fare” means the amount specified on the Application payable for the specific Ride provided to You. “Force Majeure” has the meaning set out in clause 15.1.
“Indemnified Parties” has the meaning set out in clause 13.1.
“OLA IP” has the meaning set out in clause 12.1.3.
“OLA NL” has the meaning given in the “Parties” section on the front page of these Customer Terms.
“OLA UK” has the meaning given in the “Parties” section on the front page of these Customer Terms.
“Payment Processor” has the meaning set out in clause 6.3.
“Permitted Information” has the meaning set out in clause 12.6.
“Promo Code” has the meaning set out in clause 4.9.
“Registration Data” means Your name, email address, telephone number and other information (including personal data) and any other eligibility data communicated from time to time, that You provide to OLA for registering on the Application and for availing of the Services.
“Ride” means the travel in the Vehicle arranged for You using the Booking Services. “Services” means:
- (i) the Booking Services;
(ii) the provision of the Application, which facilitates the Booking Services and other products and services accessed through the Application or via an offline mode including SMS, in the jurisdiction where You receive the Transport Services; and
(iii) the Transport Services.
“Total Ride Fee” means the Fare, any Cancellation Fee and/or any Additional Fee (including peak prices and/or tolls payable to third parties (if applicable)) specified on the Application.
“Transport Services” means the transportation services provided to You by OLA UK via Rides. “VAT Law” has the meaning given in clause 8.1.
“Vehicle” means a motor vehicle or a private hire vehicle as recognised under the Private Hire Vehicles (London) Act 1998 operated by the Driver, for the carriage of passengers.
“Website” means the webpage accessible at www.ola.co.uk.
“You / Your” means you, the user of the Application, the Services and the Booking Services. “Your Content” has the meaning given in clause 12.4.
(i) the singular includes the plural and vice versa;
(ii) the words ‘such as’, ‘for example’, ‘including’, ‘particularly’ and similar expressions are not used as, nor are intended to be, interpreted as words of limitation;
(iii) a reference to:
(a) a person includes an individual, partnership, joint venture, trust, corporation or any other entity or association whether or not it is incorporated or has a separate legal identity;
(b) a Party includes that Party’s executors, administrators, successors, and permitted substitutes and assigns, including any person taking by way of novation;
(c) “pounds” or “£” is to the lawful currency of the United Kingdom;
(d) anything (including a right, obligation or concept) includes each part of it;
(v) if a period of time is calculated from a particular day, act or event (such as the giving of a notice), it is to be calculated exclusive of that day, or the day of that act or event; and
(vi) no rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these Customer Terms or any part of them.
REGISTRATION AND USAGE
(i) be competent to enter into a contract under Applicable Laws, and You must provide OLA with accurate, complete, current, valid and true Registration Data;
(ii) only open one Account using Your Registration Data, and not use the account of any other person;
(iii) download the Application onto Your own electronic device, which must have a functioning mobile number, data network and the ability to read text messages (SMS) and push notifications from the Application, and meet the minimum device requirements for optimum functionality of the Application (“Device”). It is Your responsibility to check to ensure that You download the correct version of the Application for Your Device;
(iv) only use the Application solely in accordance with these Customer Terms and all Applicable Laws, and not use the Services for any illegal or unlawful purposes;
(v) only use the Services for Your sole, personal use, and not transfer, sell, sub-license or assign them to a third party. In the event that You request the Transport Services or use the Booking Services for another individual, You shall be solely liable for any breach of these Customer Terms by such other individual;
(vi) not allow persons under the age of legal majority to receive the Transport Services unless they are accompanied by You;
(vii) not do or try to do anything to interfere with or harm the Application, the Booking Services, the Transport Services or the network of OLA or any of its Affiliates in any way whatsoever;
(viii) provide such information and documents which OLA and/or its Affiliates may reasonably request from time to time, and promptly notify OLA UK and/or its Affiliates (as applicable) of any change to any of Your Registration Data or other information provided; and
(ix) only use an authorised telephone or internet network to access and use the Application.
3.3. You are solely responsible for maintaining the confidentiality of Your Registration Data and Application login credentials. Because Your Registration Data and Application login credentials are how OLA verify that You are using the Application, You will be liable for all actions, inactions, activities and transactions, and any other use or misuse of the Application, that occurs through Your Account (whether initiated by You or any third party).
3.4. If the Device is lost or stolen, You must notify OLA immediately.
3.5. You must also notify OLA immediately if You cannot access Your Account, You know of or suspect any unauthorised access or use of Your Registration Data, login credentials or Account, or the security of Your Account has been compromised in any way.
3.6. OLA may immediately suspend the Services and/or Your use of the Application (including Your Account) if it has a reason to believe that: (i) the Registration Data or any other information provided by You is false or outdated; (ii) the security of Your Account has been compromised in any way; or (iii) You have not complied with any of the requirements in this clause 3. 3.7. OLA may block, suspend, alter or update the Application, the Booking Services and/or the Transport Services at any time via the Application: (i) to make improvements to the Application and/or the Services (including the security of the Application and/or the Services); (ii) as required by Applicable Law; or (iii) to protect a legitimate business interest. If this is not acceptable to You, You may always terminate these Customer Terms in accordance with clause 16.2.
4.1. The Application allows You to send a request to book a Vehicle for a Ride (a “Booking Services Request”). You may book a Vehicle using the Application if one is available near You / Your location. Once You have made a Booking Services Request:
(i) You must ensure that Your Device is turned on and configured appropriately (e.g. GPS is active), and the Application is active;
(ii) the Application will send Your Booking Services Request to OLA UK;
(iii) OLA UK will notify You that Your Booking Services Request is being processed; and
(iv) OLA UK will use its reasonable endeavours to find a Driver for Your Booking Services Request and where OLA UK successfully finds a Driver to perform Your Ride, OLA UK will notify You that Your Booking Services Request has been accepted.
(i) Accepting or rejecting Booking Services Requests;
(ii) Identifying Drivers to provide Rides;
(iii) Keeping records of the Booking Services Requests;
(iv) Remotely monitoring trips booked using the Application;
(v) Receiving and dealing with feedback, questions and complaints relating to bookings accepted by OLA UK; and
(vi) Providing customer support for grievances; in each case in accordance with any relevant provision of Applicable Laws. Pursuant to, and for the purposes of Applicable Laws, OLA UK accepts Booking Services Requests at its registered address and/or operating centres and is subject to all statutory and regulatory obligations and liabilities with respect to that activity.
4.3. OLA UK will only accept Your Booking Services Request once a Driver has been found to provide Your Ride. The acceptance of Your Booking Services Request is subject to the availability of a Driver around Your location at the time of Your request, inaccessibility of Your location, or a traffic accident or breakdown of the Vehicle for some other reason (and OLA UK may accept or reject the request for a Ride contained in Your Booking Services Request in its sole and absolute discretion).
4.4. The Transport Services do not come into effect unless and until OLA UK has successfully found a Driver to perform the relevant Ride, subsequently accepted Your Booking Services Request, provided a Booking Confirmation to You in accordance with clause 4.5 below and otherwise met the other requirements of clause 4.5.
4.5. If a Driver validly informs OLA UK that they accept the request for the Ride contained in Your Booking Services Request, OLA UK will:
(i) inform You via an SMS, push notification or confirmation screen in the Application that a Driver has been found to provide the Ride;
(ii) send You a Booking Confirmation through the Application;
(iii) provide to You information regarding the Driver (including the Driver’s name, Vehicle details (including registration number and model), a picture of the Driver and any other details OLA UK considers appropriate). We will also enable You to make contact with the Driver through the Application for the duration of the Ride and a reasonable subsequent period, in case required; and
(iv) provide the Driver with Your details, such as name and requested destination, necessary to enable the Driver to provide the Ride. Drivers will also be able to contact You through the Application for a period of time following Your Booking Confirmation, for the duration of the Ride, and a reasonable subsequent period, in case required.
4.7 Where a Booking Confirmation is issued by OLA UK to You in accordance with clause 4.5 and the other conditions set out in clauses 4.4 and 4.5 are met, (and subject to OLA UK’s right to cancel Rides set out in clause 7.2), OLA UK will use reasonable endeavours to ensure that the Driver meets You at Your location by Your requested pick up time and transports You to the destination set out in Your Booking Confirmation via the Ride. You accept and agree that weather, traffic, roadworks, act of police or other government authorities and other unexpected delays such as traffic accidents or health incidents affecting Drivers are all outside OLA UK’s control and as a result, OLA UK does not commit to collect You at the requested pick up time or deliver You to Your requested destination or any way points by an estimated or any other time.
4.8. While OLA UK requests each Driver to use all reasonable efforts to ensure their Vehicle arrives prior to Your requested pick-up time, You must book Your Ride after considering any adverse conditions such as the weather, traffic, roadworks, and other unexpected delays such as traffic accidents. If there is any delay by the Vehicle in reaching Your pick-up location, You should contact the Driver assigned for Your Ride through the Application or by contacting OLA UK via in-App support or at its call centre.
4.9. Except as expressly stated in these Customer Terms, the obligations of OLA NL are limited to (a) payment collection on behalf of OLA UK; and (b) disbursement of funds based on the directions from OLA UK; and the obligations of OLA UK are limited to: (a) managing and operating the booking functionality within the Application; (b) providing Booking Services to You; and (c) providing Transport Services to You.
4.10. OLA UK may, in its sole discretion, create and make available and/or offer promotional offers or benefits, redeemable through the Application (“Promo Codes”) in relation to the Services or any third party benefits or services subject to any additional terms set out by OLA UK from time to time. You agree that the Promo Codes (i) shall be used for the intended and lawful purpose and as permitted by OLA UK; (ii) may expire prior to use or be disabled at OLA UK’s discretion. OLA UK reserves the right to withhold benefits and credits in case it believes that the use of the Promo Code was fraudulent, illegal or in violation of the applicable terms and conditions of the Promo Code. OLA also reserves the right to withdraw, extend or amend promotional offers at any time.
5.2. You are responsible for any delay that may be caused due to Your failure to check the Booking Confirmation or failure to contact OLA UK immediately to correct the booking details. 5.3. You must enter all requested waypoints and Your destination within the Application, including any changes that You want to make to these whilst in trip. The Driver will not take You to any destination or waypoint that You have not entered within the Application. In case You change your destination during an ongoing trip, the Driver may at his discretion refuse to continue the trip to the new destination.
Total Ride Fee
6.1. You understand that You will be charged the Total Ride Fee and You must pay the Total Ride Fee and any VAT that may be applicable. OLA NL collects the Total Ride Fee on behalf and as agent of OLA UK.
6.2. Subject to clause 10, OLA UK reserves the right to charge You any reasonable costs required to clean or repair the Vehicle that are attributable to You during a Ride (“Additional Costs”) and You shall be responsible for the cost of such repair or cleaning. OLA NL will collect payment for such costs on behalf and as agent of OLA UK. OLA UK shall only charge You the Additional Costs in the event that a Driver reports the need for repair or cleaning, and such repair or cleaning request has been verified by OLA UK in OLA UK’s reasonable discretion. OLA NL reserves the right to facilitate payment for any such verified Additional Costs using Your payment method designated in Your Account on behalf of and as agent for OLA UK.
6.3. Payment of the Total Ride Fee and any Additional Costs shall be considered the same as payment made directly by You to OLA UK for the provision of the Services and such payments will be facilitated by a payment gateway and/or payment processing services provider appointed by OLA NL (the “Payment Processor”). The Payment Processor may be OLA NL, one of its related bodies corporate, an unrelated third party or any party sub-contracted by OLA NL for this purpose.
6.4. You will be required to provide relevant payment details including credit/debit card details (“Card Details”) to the Payment Processor in order for OLA NL to process payment of the Total Ride Fee and any Additional Costs, and You hereby authorise the Payment Processor to do so. Your authorisation:
(i) permits the Payment Processor to debit or credit the bank account or debit/credit card account associated with Your payment details;
(ii) permits the Payment Processor to use Your Card Details for the processing of transactions initiated by You or via Your Account;
(iii) will remain in effect as long as You maintain an Account (and if You delete Your Card Details or Account, OLA NL and the Payment Processor will not be able to process any further transactions initiated by You); and
(iv) is subject to any other terms and conditions of the Payment Processor specified through the Application, SMS or other methods from time to time.
6.5. OLA UK shall issue invoices to You for the Transport Services provided to You and any Additional Costs payable pursuant to clause 6.2.
6.6. Subject to clause 7.2, the Total Ride Fee paid by You is final and non-refundable, unless otherwise determined by OLA UK. If any amount paid by You is fully or partially refundable for any reason, such amounts will be refunded to You by OLA NL on behalf of OLA UK in accordance with and subject to Applicable Law. You may contact OLA and/or its Affiliates for any issues arising therefrom.
6.8. Any payment processing-related issue not caused by an error or fault with the Application must be resolved by You and the relevant Payment Processor.
6.9. You agree that use of certain Promo Codes may result in different charges for the same services and shall not have a bearing on charges applied to You unless the Promo Codes have been specifically made available to You.
6.10. In the event of a default or failure to pay the Total Ride Fee for any reason by You: (i) OLA UK may restrict You from making a Booking Services Request through the Application until the outstanding Total Ride Fee in respect of the previous Ride(s) has been paid by You; (ii) You agree and acknowledge that OLA UK may, or OLA NL (or third party service providers on its behalf) may, as agent of OLA UK, recover any outstanding monies payable by You for Ride(s) in respect of which the relevant Total Ride Fee has not been paid; and (iii) You will be responsible, and must pay, for all costs incurred by OLA UK and OLA NL (including costs for which OLA NL may be contingently liable) in any attempt to collect any monies owed by You to OLA UK under these Customer Terms including debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.
CANCELLATION AND EARLY TERMINATION OF A RIDE
7.1. You may cancel Your request for a Ride from a Driver at any time, however, subject to clause 7.3, You may be charged a Cancellation Fee according to our cancellation policy which can be found on our Website.
7.2. OLA UK may cancel a Ride after a Booking Confirmation has been provided to You but before a Ride has commenced. This will only happen if a Driver requests the cancellation of that Ride before collecting You at the requested pick-up location due to adverse conditions such as the weather, traffic, roadworks, and other unexpected delays such as traffic accidents which are outside of the Driver’s reasonable control (both when such conditions prohibit a Driver from performing a Ride, and/or impact the Driver’s ability to perform the Ride within a reasonable time). OLA UK shall promptly inform You of such cancellation using the Application and use its reasonable endeavours to find an alternative Driver for Your Booking Services Request. You are able to cancel Your request for a Ride at any time in accordance with clause 7.1. You will not be charged a Cancellation Fee where Your Ride has been cancelled by OLA UK in accordance with this clause 7.2.
7.3. You will be notified of Your liability for any Cancellation Fee through the Application at the time You attempt to cancel Your Booking Services Request, and any Cancellation Fee payable by You will be processed by OLA NL, as agent of OLA UK, in accordance with clause 6.
7.4 OLA UK may only terminate a Ride once it has commenced if a motor vehicle accident, a breakdown involving the Vehicle or a safety concern takes place during a Ride. OLA UK may inform you of this cancellation via the Application or via its staff or agents. In the event of such termination, OLA UK will use its reasonable endeavours to find an alternative Driver for Your Booking Services Request.
8.1. VAT law includes:
(i) Value Added Tax Act 1994, UK;
(ii) VAT Law of 1968, Netherlands; and (iii) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax,
((i) to (iii) together, “VAT Law”).
8.3. Unless otherwise specified, all amounts payable by You for the Services will be subject to applicable VAT in accordance with the VAT Law, as amended from time to time.
8.4. OLA UK shall issue such VAT invoices to You for the Transport Services and any Additional Costs payable pursuant to clause 6.2.
9.2. If You breach clause 9.1, OLA may immediately suspend the Services and/or Your use of the Application (including Your Account).
FEEDBACK, ISSUES AND COMPLAINTS
10.1. You may rate a Ride after its conclusion, and You must be fair, accurate and non-defamatory while leaving complaints, comments, feedback, testimonials or reviews on or about Rides, Drivers or the Services.
10.2. All issues, complaints, opinions, suggestions, questions and feedback while accessing the Services should be notified to OLA UK via e-mail or communicated to OLA UK through the Application or by contacting its call centre.
10.3. You must report any issue You have with the Application or Services to OLA UK as soon as possible of the relevant issue occurring, so that OLA may address such issue promptly.
10.4. OLA UK will endeavour to respond to You within 2 (two) Business Days after You report an issue. OLA UK notes that issues are generally resolved based on the seriousness of the issue, and as such certain issues may be prioritised over others. OLA UK is under a legal duty to provide the Services in conformity with this contract but may not be able to resolve all issues.
10.5. If You forget or lose any luggage or property in a Vehicle during a Ride, you should either contact the Driver directly through the Application, or contact OLA UK as soon as possible (and in any event within 24 (twenty-four) hours), and OLA UK will try to locate the items. If Your luggage or property is found, OLA UK will contact You and advise You of how You will be able to collect Your luggage or property. Unless otherwise agreed (in OLA UK’s sole and absolute discretion), OLA UK will not deliver any luggage or property items to You. In no event will OLA be liable for any loss or damage to Your personal effects and luggage.
INTELLECTUAL PROPERTY RIGHTS
12.1. The Application and all associated intellectual property rights (“OLA IP”) remain the property of OLA NL or its third-party licensors. Except as expressly stated, nothing in these Customer Terms grants You any rights in or related to the OLA IP, and all rights not expressly granted to You are reserved by OLA NL.
12.2. You must not:
(i) reverse engineer, decompile or otherwise endeavour to obtain the source code in the Application (save to the extent that You cannot be prohibited from so doing under applicable law);
(ii) copy, reproduce, modify, create derivative works or attempt to derive the composition or underlying information, structure or ideas of, any OLA IP;
(iii) breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided in the Application;
(iv) use any OLA IP in a way that infringes or misappropriates a third party’s intellectual property rights or moral rights;
(v) distribute, disclose or allow use of any OLA IP by any third party in any format, through any time sharing service, service bureau, network or by any other means;
(vi) merge or combine any OLA IP with any other technology not provided by OLA; (vii) remove any proprietary notice language on any copies of any OLA IP; or
(vii) resort to any fraudulent activity on the Application or Website.
12.3. Subject to Your compliance with these Customer Terms, OLA UK grants You a limited, non exclusive, personal, non-transferable licence during the term of these Customer Terms to use and access the Application on any Device that You own or control and to run the Application with your use of the Services solely for Your own personal use (including for the processing of Your payments).
12.4. You are solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted through the Application or Device by or on Your behalf (“Your Content”). You must ensure that Your Content is not unlawful and does not infringe any third party’s rights (including intellectual property rights), and You must not:
(i) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful material or information, or any material relating to or encouraging money laundering or gambling;
(ii) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents;
(iii) upload files that contain viruses, corrupt files, or any other similar software or programs that may damage the operation of another computer or electronic device;
(iv) except as expressly permitted by OLA, advertise or offer to sell or buy any goods or services for any business purpose;
(v) conduct or forward surveys, contests, pyramid schemes or chain letters;
(vi) download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner;
(vii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(viii) deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature;
(ix) restrict or inhibit any other user (including Drivers and other customers) from using and enjoying the Application; or
(x) harvest or otherwise collect information about others, including e-mail addresses, without their consent.
12.5. OLA has no obligation or policy to monitor Your access to or use of the Application, or Your Content, but You hereby provide Your consent for OLA to do so, to the extent permitted by Applicable Law, for the purpose of providing and operating the Application and enabling OLA UK to provide the Services, or to improve the Application or the Services from time to time, or, to ensure Your compliance with these Customer Terms, and to comply with Applicable Law or the order or requirement of a court, administrative agency or other government body. OLA may, however,
investigate and prosecute (and refer to law enforcement agencies) any actual or suspected breach of clause 12.4 by You to the fullest extent permitted by Applicable Law. OLA may at any time and without prior notice remove or disable access to any of Your Content which OLA considers (acting reasonably) to be in violation of these Customer Terms.
(i) breach by You of any Applicable Law;
(ii) misrepresentation or fraudulent, dishonest, unlawful or negligent act or omission of You;
(iii) personal injury (including sickness and death) or property damage caused or contributed to by You in connection with any Ride (including in connection with any motor vehicle accident involving the Vehicles); or
(iv) claim by a Driver or any other third party caused by any of Your acts or omissions.
14.1. Nothing in these Customer Terms excludes or limits OLA’s liability for death or personal injury arising from negligence, liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under Applicable Law. Nothing in these Customer Terms affects Your statutory rights.
14.2. Subject to clause 14.1, to the extent permitted by applicable law, OLA shall not be liable to You in any manner whether such liability arises in contract (by way of indemnity or otherwise), in tort, including negligence, for misrepresentation, breach of statutory duty, restitution or otherwise, for:
(i) any request for a Ride contained in a Booking Services Request, which has not been accepted by OLA UK;
(ii) any theft or loss of Your or any other person’s property in connection with the Services or any Booking Services Request accepted by OLA UK;
(iii) any loss, damage, costs, expenses or liability suffered by You or anyone other than You in connection with Your use of the Application or outside the Ride;
(iv) any loss, damage, costs, expenses or liability suffered by You or anyone other than You at any point other than the duration of the Ride;
(v) any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge;
(vi) any loss of profits, loss of revenue, loss of opportunity, loss of business or employment in relation to You, Your employer or any other person (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Customer Terms);
(vii) any loss of goodwill by You, Your employer or any other person;
(viii) any indirect, incidental, special exemplary, punitive or consequential loss, costs, expenses or liability or loss of data suffered by You, Your employer or any other person; or
(ix) any other losses, costs, expenses or liability that You suffer in connection with the Services, save to the extent that OLA fails to perform its obligations to You to the standard of a diligent and professional provider of the relevant Services.
14.3. The Services and the Application are provided on an “as is” and “as available” basis, and, to the fullest extent permitted by Applicable Laws, OLA does not make any promises, whether express or implied, with respect to the Services, or the content or functionality of the Application. OLA shall not be liable for delay or failure in performance resulting from causes beyond OLA’s reasonable control.
14.4. The limitations and exclusions of liability in this clause 14 apply regardless of the basis on which such liability arises, whether in contract, breach of warranty, tort (including negligence), in equity, under statute, or on any other basis.
14.5. Subject to clause 14.1, OLA UK’s and OLA NL’s combined total aggregate liability to You for all losses, costs, expenses or liabilities You suffer in connection with these Customer Terms or as a result of using the Services (including in respect of a Ride) shall not exceed:
(i) subject to clause 14.5(ii), twice the value of the Total Ride Fee for all claims made by You in respect of a Ride; or
(ii) for all claims made by You in connection with these Customer Terms or as a result of using the Services (including in respect of a Ride), £100 in aggregate.
15.1. Any delay in or failure to perform any obligations by a Party under these Customer Terms will not constitute a breach of these Customer Terms to the extent caused by acts of any government authorities, acts of God, outbreak of a pandemic or epidemic, fire, flood, explosion, riots, war, rebellion, insurrection or other event beyond the reasonable control of that Party (“Force Majeure”).
16.1. These Customer Terms shall continue until such time as they are terminated in accordance with this clause 16.
16.2. You may terminate these Customer Terms at any time by closing Your Account or uninstalling the Application. You can close Your Account at any time by following the instructions on the Application.
16.3. OLA may terminate these Customer Terms with immediate effect upon notice to You if:
(i) You fail to comply with any Applicable Law;
(ii) You cease to satisfactorily provide Registration Data;
(iii) You commit a breach (other than a trivial or inconsequential breach) of these Customer Terms that is not capable of remedy or (if capable of remedy) is not remedied within 4 (four) Business Days after OLA notifies You of the breach, or
(iv) OLA UK ceases to offer Services in the UK.
(i) Your rights to use the Application will cease immediately, Your registration and Your Account will cease to apply, and OLA may block Your access to the Application;
(ii) OLA NL, acting on behalf of OLA UK, will charge You all amounts due and owing at the date of termination in accordance with clause 6; and
(iii) the Parties must cease acting in a manner that would imply a continuing relationship between the Parties.
16.6. Termination of these Customer Terms will not prejudice any rights of the Parties that may have accrued prior to such termination.
(i) to OLA NL by email to: email@example.com;
(ii) to OLA UK by email to: firstname.lastname@example.org; and
(iii) to You by email or text message (SMS) to the email address or mobile number (as applicable) specified in the Account.
18.1. These Customer Terms constitute the entire agreement between the Parties in connection with, and will supersede all previous communications (either oral or written) between the Parties with respect to the subject matter of these Customer Terms, and no agreement or understanding varying or extending the same will be binding on either Party unless arising out of the specific provisions of these Customer Terms.
18.2. No Party has entered into these Customer Terms in reliance on any term or statement other than the terms expressly set out herein, provided that this clause 18.2 shall not apply to any fraudulent misrepresentation.
RELATIONSHIP OF THE PARTIES
GOVERNING LAW AND DISPUTE RESOLUTION
20.1. Any dispute arising out of or in connection with these Customer Terms (including any question regarding its existence, validity or termination) shall be referred to and finally resolved by arbitration. The arbitration shall be: (a) held in accordance with the LCIA Rules; (b) held and seated in London; and (c) conducted in English by a single arbitrator agreed between the Parties (or, failing agreement, appointed by the LCIA). To the maximum extent permitted by law, the arbitrator’s award will be final and binding on the Parties.
20.2. These Customer Terms will be governed by and construed in accordance with the laws of England and Wales.
AMENDMENTS TO THESE CUSTOMER TERMS
21.1. OLA may amend these Customer Terms and shall keep you updated regarding such amendments.
21.2. You will be required to confirm Your acceptance of the amendments referred to in clause 21.1. However, if You do not agree to any such amendments, you may terminate these Customer Terms in accordance with clause 16.2 at any time prior to such amendments coming into effect.
22.1. Assignment: You may not assign or transfer any of Your rights, interests or obligations under these Customer Terms to any third party without the prior written consent of OLA NL and/or OLA UK. OLA may assign its rights and interests under these Customer Terms to any person whosoever. We will let You know if we plan to do this.
22.2. Waiver: Either Party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on the part of either Party exercising any right, power or privilege under these Customer Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege under these Customer Terms preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such Party.
22.3. Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction.
22.4. Rights cumulative: Subject to any express provision in these Customer Terms to the contrary, the rights, powers or remedies of a Party under these Customer Terms are cumulative and in addition to, and do not exclude or limit, any right, power or remedy in any other part of these Customer Terms or otherwise provided at law or in equity.