General Terms of Use – Hungary
KEY PRINCIPLES
- These Terms apply to Uber’s mobile applications and/or websites in Hungary.
- The App(s)/Website(s) Services enable you to request services from Third Party Providers or directly from Uber. These service are provided or made available under Uber’s trademarks, brands, including, but not limited to UBER TAXI. For more information, please visit this page.
- For Third Party Services, you are contracting directly with Third Party Providers where Uber acts as an intermediary service provider agent to enable you to request and receive those services.
- For Uber Provided Services, you may be required to accept separate terms which govern your use of those services.
- Please read these Terms carefully. They include information about the services, your rights, and other important information.
ABOUT US
You are entering to these Terms regarding the general use of the App(s) / Website(s) developed and owned by Uber B.V, a private limited liability company established in the Netherlands, registered at the Amsterdam Chamber of Commerce under the number 56317441 and having its offices at Burgerweeshuispad 301, 1076 HR Amsterdam (“Uber B.V.”). You can contact us at help.uber.com. Regarding services of intermediating passenger transportation in Hungary you are contracting with Uber B.V..
DEFINITIONS
“Uber” means capital group to which Uber B.V. and any of its subsidiaries or affiliates (“we” or “us”), belong.
“Third Party Services” include, but are not limited to, services and goods in the field of transportation, delivery, logistics, mobility, and the food, grocery or retail industries, provided to you by independent Third Party Providers, such as, but not limited to, transportation services. These are made available to you through the use of the App(s)/Website(s) Services, as defined below.
“Uber Provided Services” means services provided directly to you by Uber which are subject to separate terms between you and us, specifying the entity providing such services. These may include, but are not limited to, delivery services under the UBER EATS brand and intermediation in mobility services under UBER brands.
“Third Party Providers” are independent third parties and include, but are not limited to, independent transportation providers, delivery partners, restaurants, logistics providers, and/or providers of other mobility services.
“Community Guidelines” mean the guidelines, which set out general expectations of all users of the App(s) and/or Website(s). The latest version of the Community Guidelines is available here. By accepting these Terms you agree with the content of the Community Guidelines.
“Uber Brands” means Uber’s brands, including, but not limited to UBER, UBER TAXI, UBERX, UBER TAXI and UBER EATS.
“Uber Names, Marks or Works” means Uber or its licensor’s company names, logos, products or service names, trademarks, service marks, trade dress, other indicia of ownership, or copyrights.
TERMS
1.Overview
1.1 These terms cover your access and use of Uber’s mobile applications and/or websites, and, where Uber provides intermediary services for its local independent dispatch service provider partner in the field of passenger taxi transportation in the territory of Hungary, your use of the Intermediation Service (the “Terms”). You must read carefully and agree to the Terms prior to accessing and using Uber’s mobile applications and/or websites. Your agreement to these Terms establishes a contractual relationship between you and Uber B.V.
If you do not agree to these Terms, you may not access or use Uber’s mobile applications and/or websites. These Terms expressly supersede prior agreements or arrangements about the App(s)/Websites Services (as defined below) between you and Uber, as regards the App(s)/Websites Services provided since your acceptance of these Terms.
1.2 These Terms apply to the extent they do not conflict with any user and supplemental terms that specifically apply to Uber's mobile applications and/or websites. You will be asked to agree to any such terms separately.
1.3 For any Third Party Services other than in the field of passenger transportation, Uber acts as the agent for the Third Party Providers for Third Party Services and as the service provider for Uber Provided Services (see clause 4 below).
1.4 For the Third Party Services in the field of taxi passenger transportation, Uber acts as the agent for the Third Party Providers for Third Party Services and as the service provider for Uber Provided Services (see clause 4 below).
1.5 In Hungary , Uber is operating together with F Mobilitás Fuvarszervező és Szolgáltató Korlátolt Felelősségű Társaság established in Hungary under registered address 1027 Budapest, Csalogány utca 23. and with registration number Cg.01-09-425626 (“F Mobilitás”). F Mobilitás operates as an independent dispatch service provider of passenger taxi transportation service in Budapest in accordance with the applicable laws. F Mobilitás is performing its dispatch services via the Uber App based on a separate agreement between Uber BV and F Mobilitás.
1.6 The present Terms are applicable to the use of the Uber App. Regarding the dispatch service you enter to terms and conditions with F Mobilitás that can be found on their website here.
2. The App(s)/Website(s) Services
2.1 The services provided to you by Uber B.V. consist of:
2.1.1Access to and use of Uber's mobile applications and/or websites which enable you to request and receive Third Party Services and/or Uber Provided Services; and
2.1.2 Payment facilitation (including collecting payments and issuing invoices and receipts on behalf of Third Party Providers or Uber) allowing us to charge you and to pay charges into the bank account of Third Party Providers in exchange of Third Party Services or Uber in exchange of Uber Provided Services (Uber B.V. may engage affiliates or third parties to provide these services on its behalf) (together the "App/Website Services").
2.1.3 Enabling you to request and receive Third Party Services and/or Uber Provided Services; and
2.1.3 Enabling you to enter into direct contracts for transportation with Third Party Providers and/or to settle fares for transportation (together the “Intermediation Services”).
2.2 These Terms apply to your use of the App(s)/Website(s) Services in Hungary. By accessing and using the App(s)/Website(s) Services in another country, you may be subject to country-specific terms. You can locate those terms by navigating to this page and choosing the country from which you wish to access the Apps(s)/Website(s) Services.
2.3 Uber's mobile applications and/or websites will be made available to you under various Uber Brands.
2.4 Unless otherwise agreed separately in writing, the App(s)/Website(s) Services are made available to you for your personal non-commercial use only.
2.5 Where available, you can request and receive Third Party Services or Uber Provided Services via Uber’s mobile applications and/or websites.
3. Third Party Services
3.1 For Third Party Services provided in the field of passenger taxi transportation in the territory of Hungary, Uber B.V. acts as an intermediary software service provider of its contracted local independent dispatch service provider partner, F Mobilitás, enabling the Third Party Providers to provide the Third Party Services to you. Uber does not provide any kind of Third Party Services. All Third Party Providers are independent third party contractors (in case of passenger taxi transportation services, the Third Party Providers are F Mobilitás’s contracted authorised passenger taxi service providers), registered businesses or other legal entities who are not employed by Uber.
3.2 When you are logged in, online and in the vicinity of Third Party Providers who are also logged in Uber’s mobile applications and/or websites, you will be given information in Uber’s mobile applications and/or websites about the Third Party Services before you decide to make a request.
3.3 Third Party Providers (for Third Party Services) and Uber (for Uber Provided Services) are free to decide to accept or reject a request. Acceptance of the request is communicated to you on behalf of Third Party Providers through Uber’s mobile applications and/or websites and will give rise to a direct contract between you and the Third Party Provider (for Third Party Services) and/or between you and Uber (for Uber Provided Services).
3.4 For some Third Party Services, such as the passenger taxi transportation services, you may be required to agree to separate terms with the Third Party Provider and F Mobilitás prior to using such Third Party Service(s).
3.5 You may be asked to rate the Third Party Provider whose services you requested. The Third Party Provider may also be able to give you a rating. Third Party Providers will see the rating in Uber's applications and/or websites and this rating may affect whether or not they decide to provide Third Party Services to you. For more information about ratings please consult our Community Guidelines.
3.6 The Third Party Provider is responsible for any obligations that may arise from the provision of the Third Party Services.
4. Uber Provided Services
4.1 For Uber Provided Services, Uber will act as the service provider (if available in your territory). The specific terms governing Uber Provided Services (if the Service is available in your country), specifying the entity providing such services, will be set out in additional terms or a separate agreement.
5. Using the App(s)/Website(s) Services
5.1 Uber’s mobile applications and/or websites can be downloaded or accessed on most modern mobile devices with an internet connection and equipped with the most up-to-date version of the popular operating systems Android or iOS or on most up-to-date versions of desktop browsers. For the most recent software updates regarding the Apps, please visit GooglePlay or the AppStore. If you are using desktop browsers, please visit the site of your operators for the most recent software updates.
5.2 You are responsible for obtaining the network access necessary to use the App(s)/Website(s) Services and are responsible for any rates and fees from your mobile network provider, including from data consumption while using Uber’s mobile applications and/or websites. You are also responsible for accessing compatible devices and operating systems necessary to use the App(s)/Website(s) Services, including any software or hardware updates.
5.3 To use the App(s)/Website(s) Services, you must register in Uber's mobile applications and/or websites and set up an account. At the time of registration you must either be eighteen (18) or the age of legal majority in the country where you register if different from eighteen (18), unless the terms governing the specific Third Party Service or Uber Provided Service impose different age requirements.
5.4 You must provide us with certain personal information to register, including your phone number and email address. To use the App(s)/Website(s) Services, Uber Provided Services or certain Third Party Services, you may need to provide at least one valid payment method (credit card, debit card or any other accepted payment method). You may need to provide additional information, such as your address, and documents before using certain Uber Provided Services or Third Party Services.
5.5 You are under no obligation to log in to, or use, Uber’s mobile applications and/or websites, and neither are the Third Party Providers. If you choose to stop using Uber’s mobile applications and/or websites you may do so without giving us any notice.
5.6 We may temporarily restrict your access to and use of the App(s)/Website(s) Services and/or restrict the possibility of making new requests for Third Party Services and Uber Provided Services if there is a breach of your obligations (see point 6 below) or your use of the App(s)/Website(s) Services constitutes a threat to the functioning of such services or is aimed at circumventing or breaching the security measures applied by Uber or consist in falsifying data. In such a case we will notify you of such a breach and will remind you of your right to appeal to us against such decision.
6. Your Obligations
6.1 You may only use the App(s)/Website(s) Services for lawful purposes and for the purposes for which they were intended as otherwise referenced in these Terms. You must not misuse Uber’s mobile applications and/or websites or attempt to defraud either us or Third Party Providers. For more information about what is expected from you, please consult our Community Guidelines.
6.2 You must provide accurate and complete information when you register an account and when using the App(s)/Website(s) Services.
6.3 Your account is personal to you. It cannot be licensed or shared unless expressly permitted by Uber. Once you have set up an account, you:
a) may not register more than one account unless we agree otherwise in writing;
b) may not allow third parties to use your account or transfer your account to a third party;
c) must keep your account information accurate, complete and up-to-date;
d) must keep your login details confidential at all times and;
e) must tell us immediately if you have any reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.
6.4 You will be responsible for paying any fees or charges that may be incurred as a result of the provision of Third Party Services or Uber Provided Services requested through your account by you.
6.5 You must not, in your use of the App(s)/Website(s) Services, cause a threat to the proper functioning of such services, or property damage, whether to the Third Party Provider, Uber or any other party.
7. Charges and Payment
7.1 Charges for Third Party Services and Uber Provider Services
7.1.1 If you make a request through Uber’s mobile applications and/or websites, you agree to pay the relevant charges as described in Uber’s mobile applications and/or websites and will be responsible for any charges or fees linked to your account in accordance with clause 6.4 above.
7.1.2 For both Uber Provided Service and Third Party Service the applicable charges will be displayed on Uber’s mobile applications and/or websites before a request is placed. These charges may be provided as estimates and in such case you will be informed this is an estimate. Please be aware that the final amount charged to you may be different from the estimate.
7.1.3 Uber B.V and/or its affiliates may provide you with a voucher that entitles you to cover some or all of the charges resulting from the use of either Uber Provided Service or Third Party Services (“Uber Voucher Trip”). Upon Uber Voucher Trip redemption, you give your consent to either Uber B.V. or its affiliate(s) to assume the portion of the charge equivalent to the value of the Uber Voucher Trip from you in line with Section 6:203 of the Civil Code and you will only be obligated to pay the remaining portion of the charge (if any). No further notification to you is required for assuming the value of the Uber Voucher Trips.
7.1.4 You may be charged supplementary charges, costs and/or fines by Third Party Providers, for your use or misuse resulting in unlawful damage of Third Party Services (such as repair or cleaning fees) or by Uber for your use or misuse of Uber Provided Services.
7.1.5 If the Third Party Services or the Uber Provided Services cannot be performed due to your action or inaction listed in this provision, all charges may apply. This provision applies if: (i) you are not present at the delivery location to receive a delivery; (ii) you do not show up at the pick-up location (as a passenger); or (iii) you cancel your order / ride too late, as set out in clause 8 below.
7.1.6 Once the Third Party Service or Uber Provided Service has been provided, the relevant Uber entity may issue you with an invoice and/or a receipt directly or on behalf of the Third Party Provider, as applicable. Where we issue you with a fiscal receipt directly or on behalf of the Third Party Provider, you agree to receive such fiscal receipt only in electronic form to the email address you shared with us or in the Uber App, including in the form of a .pdf file, as soon as practicable after the completion of the service. The invoice and/or the receipt will include VAT, if applicable. By sharing your tax identification number in your app, you acknowledge that it will be included in the said invoice and/or fiscal receipt.
7.2 General
7.2.1 For more information about charges and supplementary charges, fees, costs and/or fines specific to the relevant Third Party Service or Uber Provided Service please consult the support section in Uber’s mobile applications and/or websites (such as at Help) or relevant pages on our website(s) for Rides and Eats.
7.2.2 The charges do not include tips. Where available, you may pay tips, either in person or through Uber’s mobile applications and/or websites. You have the possibility to offer tips before starting either the Third Party Services or the Uber Provided Services (upfront tipping) to incentives the Third Party Providers or the providers of Uber Provided Services to provide their services to you. Uber B.V. (or other entity on its behalf) will collect tips paid through Uber’s mobile applications and/or websites and remit them.
7.2.3 Unless otherwise agreed, all charges are due immediately upon a request being placed and payment will be facilitated by Uber B.V. (or other entity on its behalf) using the preferred payment method associated with your account, after which Uber B.V. or other relevant Uber entity depending on the service provided will send you a receipt by email. Payment of the charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. If your primary payment method is not able to be charged, Uber may use a secondary payment method if available. If your payment method(s) are unavailable, we reserve the right to continue to try to take payment.
7.2.4 Charges are inclusive of applicable taxes including VAT (if applicable).
8. WITHDRAWAL (Cancellation)
8.1 In some cases, you do not have the right to withdraw from the contract for the Third Party Services and Uber Provided Services (cancel the request for such services) once the request has been accepted. However, for certain Uber Provided Services and/or Third Party Services, Uber or the Third Party Service Provider may allow you to withdraw from the contract (cancel the request), but you may be charged a cancellation fee. These rights are set out in separate terms governing a given Third Party Service or Uber Provided Service and in points 8.3 below. You will be informed of a cancellation fee before withdrawing from the contract (cancelling the request).
8.2 Uber may refuse requests and cancel the Third Party Services or Uber Provided Services if there is reasonable doubt about the correctness or authenticity of the request or about the contact information. In such a case, before cancelling the order we will contact you to confirm the correctness and authenticity of the request.
8.3 In the case of the Uber app (enabling passenger transportation services), you can withdraw from the contract (cancel your request) free of charge within 2 minutes from the moment of requesting a ride. Cancellation after 2 minutes may result in a cancellation fee which is between HUF 1100 and 2500 depending how long the route was taken by the dispatched Driver. You will be informed of a cancellation fee before withdrawing from the contract (cancelling the request).
9. Licence
Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable licence to install and/or use of Uber’s mobile applications and/or websites on your device solely for your use and for you to access and use information made available through Uber’s mobile applications and/or websites. Any rights not expressly granted herein are reserved by Uber and Uber’s licensors.
10. Intellectual Property
We reserve all rights not expressly granted in these Terms. Our App(s)/Website(s) Services, our devices and all data gathered through Uber’s mobile applications and/or websites (including all intellectual property rights in all of the foregoing) are and remain our property or the property of our licensors. You may not, and may not allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of the Uber’s mobile applications and/or websites); (b) reverse engineer or attempt to extract the source code of Uber’s mobile applications and/or websites except as allowed under law; (c) launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of Uber’s mobile applications and/or websites or data; (d) use, display, or manipulate any of Uber Names, Marks, or Works for any purpose other than to use the Uber’s mobile applications and/or services; (e) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include Uber Names, Marks, or Works or any confusingly or substantially similar mark, name, title, or work; (f) use Uber Names, Marks, or Works as your social media profile picture or wallpaper; (g) purchase keywords (including, but not limited to Google AdWords) that contain any Uber Names, Marks, or Works; or (h) apply to register, reference, use, copy, and/or claim ownership in Uber’s Names, Marks, or Works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works; except as may be permitted in the limited license granted above.
11. Privacy Notice
We collect, use and disclose information from or about you as described in our Privacy Notice. Additional privacy notices may apply, including from third party controllers, for Uber Provided Services or Third Party Services.
12. Your Liability and Indemnity
12.1 You are liable for damage suffered by us as a result of your violation of these Terms, your misuse of the App(s)/Website(s) Services, or your violation of any laws or third party rights. You are liable for all activities conducted through your account unless such activities are not authorized by you and anyone with whom you share an Uber account or Uber account login details.
13. Liability for third party services
13.1 For Third Party Services Uber acts as an intermediary service provider. Exclusively the Third Party Providers are liable for any damages, including fines or claims for damages, from third parties or for any other losses that you may incur as a result of your use of Third Party Services. Third Party Providers are responsible for the quality, suitability, safety and competency, timeliness and reliability of any of the services they provide.
14. Termination
14.1 You are free at all times to use the App(s)/Website(s) Services (where available) and may terminate these Terms and the App(s)/Website(s) Services by closing your account.
14.2 We may terminate these Terms and your access to the App(s)/Website(s) Services immediately by notice if we conclude that there is a breach by you of point 5.3 or clause 6 [Your obligations] of these Terms
14.3 We will inform you of the termination of these Terms and access to the App(s)/Website(s) Services, in which we will state the reasons for termination and will inform you of your right to appeal.
14.4 We may, terminate these Terms and your access to the App(s)/Website(s) Services, by giving you at least 14 days' notice, if we are unable to provide App(s)/Website(s) Services due to reasons beyond our control or we decide to discontinue these services in Hungary.
14.5 If we cannot charge the charges to your preferred payment method, we may suspend or remove your access to Uber’s mobile applications and/or websites and/or suspend the possibility of making new requests for Third Party Services and Uber Provided Services until payment is made. In case we decide to do so, we will inform you about it and we will inform you that such suspension/removal will be in force until payment is made.
14.6 You must immediately pay any outstanding charges due to Third Party Providers or Uber by you upon termination. Any such charges will survive termination and we reserve all rights to collect payment after termination.
15. General
15.1 We may change unilaterally these Terms in case of:
a) an amendment of the generally applicable provisions of law that results in an obligation to change these Terms;
b) public authorities, state courts, courts or institutions of the European Union imposing upon Uber obligations, requirements or requests that have a direct impact on the contents of these Terms;
c) new functionalities will be introduced to the Uber’s mobile applications and/or websites, which will not entail any additional costs to you;
d) technological adjustments will be introduced with regard to the functioning of the Uber’s mobile applications and/or websites, which will not entail any additional costs to you;
e) the introduction of new personal data protections, or the adjustment or improvement of existing personal data protections that do not entail additional costs to you; or
f) any editorial changes, including changes of address and contact details, names, identification numbers, electronic addresses or links.
In the case of changes made pursuant to this clause 15.1, it will only consist in adding, deleting or adapting the relevant provisions of these Terms in connection with the reason for the change and to the extent necessary to introduce such a change.
We will inform you of changes at least 14 days in advance. The information will contain the reason for implementing the change. You will be bound by such changes upon their notification to you in Uber’s mobile applications and/or websites and/or by email. If you do not agree with these changes, you are free to close your account in accordance with clause 14.1.
15.2 Changes to the App(s)/Website(s) Services and/or these Terms, which are not made under clause 15.1 above, will only be made with your explicit agreement. If you do not agree to those changes, you are free to close your account in accordance with clause 14.1.
You will be notified by email of upcoming changes at least 14 days in advance. In the email we will include the scope of the proposed changes, the date of their implementation and the request for you to agree to the amended Terms. If you do not agree to any changes made under this clause 15.2 until the date of their implementation, we reserve the right to terminate these Terms and your access to the App(s)/Website(s) Services on such date.
15.3 These Terms are our entire agreement with you, together with any additional agreement relating to the provision of App(s)/Website(s) Services, and replace all previous agreements relating to your access and use of the App(s)/Website(s) Services.
15.4 You may be required to accept additional terms to access or use the App(s)/Website(s) Services. If there is a conflict between these Terms and the separate agreement, the latter will have precedence unless specified otherwise in the separate agreement.
16. Dispute Resolution Process
We may make available to users acting as consumers a mediation scheme for consumer disputes related to the App(s)/Website(s) Services or these Terms with a view to their amicable resolution. For any dispute of a contractual nature relating to the App(s)/Website(s) Services consumers can also submit complaints about our Services or these Terms to the European Commission’s online dispute resolution platform accessible here pursuant to the Regulation (EU) No 524/2013 of 21 May 2013. We do not commit to using an online dispute resolution platform to resolve consumer disputes.
17. Governing Law and Jurisdiction
These Terms shall be exclusively governed by and construed in accordance with the laws of Hungary, excluding its rules on conflicts of laws, unless, if you reside in the EU, statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, in which case those provisions will apply. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply.
You may bring judicial proceedings relating to the Services before a competent Hungarian court. If you reside in the EU you may also bring judicial proceedings relating to the Services before the competent court of your country of residence. If you reside in the EU, we may only bring judicial proceedings against you in your country of residence, unless you are acting as a business in which case you agree to submit to the exclusive jurisdiction of the Dutch courts.
By accepting these Terms, you agree to be bound by these Terms.