UBER SHUTTLE SERVICES AGREEMENT
This Uber Shuttle Services Agreement (the "Terms") governs the provision of transportation and related services ordered via the Uber App or Uber Shuttle App (“Uber App”) labelled as “Uber Shuttle” in Ukraine (“Shuttle Services”), and your relationship with Uber HCV B.V. ("Uber HCV") who may provide Shuttle Services as described below. You can contact us by visiting help.uber.com.
Before placing an order for Shuttle Services for the first time after 15 July 2020, all Uber Shuttle users must accept the Terms. By placing an order for Shuttle Services, you confirm that you accept the Terms. The Terms will apply to all subsequent orders.
You will be notified about any changes to the Terms by e-mail and a new version will be made available online. When accessing or using the Shuttle Services, you consent to be bound by the Terms, as amended, at the time you use the Services.
1. Use of the Uber App
a. To use the Uber App to order Shuttle Services, you must first register for and maintain an active personal user services account with Uber B.V. ("Uber Account").
b. With regards to the registration for an Uber Account, the use of the Uber App and your Uber Account, the Uber Application Terms found at https://www.uber.com/legal/en/document/?name=general-terms-of-use&country=ukraine&lang=uk (the "Uber App Terms") shall be solely applicable.
c. Uber may decide according to its reasonable business discretion whether or not to accept your registration for an Uber Account. Once your registration has been accepted, you will be provided access to the Uber App.
2. Use of the Shuttle Services
a. Once you have been provided access to the Uber App, you may place orders for Shuttle Services that are performed with the involvement of independent carriers (“Fleets”), but organized and further made available to you by Uber HCV.
b. You will be charged by Uber HCV (or its designated Affiliate) directly for the Shuttle Services. Based on a separate agreement with a Fleet, Uber HCV will request a Fleet who intends to perform on-demand transportation or freight services on Uber HCV’s behalf using the Uber App to provide such services to you in medium or high capacity vehicles under the “Uber Shuttle” brand.
c. Shuttle Services are offered in designated regional areas as communicated via the Uber App from time to time (“Shuttle Service Area”). Uber HCV does not guarantee that the Shuttle Services will be available in the Shuttle Service Area at all times.
d. You are free at all times to request or not request Shuttle Services. Both You and Uber HCV may terminate these Terms if the other party violates the provisions of these Terms. You can terminate these Terms by writing to us or by no longer requesting Shuttle Services. Uber may suspend all or part of the Shuttle Services, and otherwise, operate or discontinue the Shuttle Services.
e. If a Shuttle Service fails for reasons attributed to you (for example, you did not show up in the designated pickup location on time or cancelled your order for the Shuttle Service), you may be charged full Fee for the Shuttle Services. You may also be charged supplementary charges and costs for your use or misuse of the Shuttle Services (such as repair or cleaning fees).
f. If Uber HCV cancels the Shuttle Services for any reason not attributed to you, you may be entitled to a refund for any Fees paid for unreceived part of the Shuttle Services.
g. If you are unhappy with the Shuttle Services, your sole recourse will be via the following process with Uber HCV. Uber HCV may provide refunds for substandard Shuttle Services at its sole discretion. Fleets will remain responsible to you for any damage or harm connected with your use of the transportation services they provide.
3. Payment for the Shuttle Services
a. You will pay Fees for the Shuttle Services to Uber HCV by one of the payment options (which will always include credit or debit card) as offered by Uber HCV from time to time.
b. Uber will charge you on the basis of the fees valid on commencement of the individual transaction. Uber will communicate the applicable fees via the Uber App to you before you place your order for Shuttle Services. All fees are in UAH and include VAT if applicable.
c. Shuttle Packages. Apart from paying per each use of the Shuttle Services, Uber HCV may offer you the possibility to pay for using those services over a specific period of time or for a number of instances of use offered as a bundle (“Shuttle Package”). In addition to any terms duly communicated to you (including any promotion terms), Shuttle Packages are subject to the following terms and conditions:
i. Charges and Payment. When you purchase Shuttle Packages, you will be charged the fee for the selected Shuttle Package on the date of purchase, which will activate your Shuttle Package.
ii. Payment in Cash. If you select to pay for your selected Shuttle Package in cash, you will be asked to pay the Fleet driver in cash before the first eligible trip that you take with your selected Shuttle Package. If you do not pay the fee before that first trip, the Fleet driver may refuse your trip request and ask you to off-board the vehicle if you do not have another payment method available including another valid Shuttle Package. You may cancel your Shuttle Package at any time before you request your first eligible trip using the Shuttle Package.
iii. Free trial. Uber HCV or third parties on its behalf may offer you a free trial or other promotional entitlement to Shuttle Packages. Such trial or promotional entitlement are subject to these Terms except as stated otherwise in the Shuttle Packages offer. Only one trial or promotional entitlement is available per user. Free trial eligibility is determined by Uber HCV at its sole discretion and Uber HCV may limit such eligibility or duration to prevent free trial abuse. Certain limitations may exist with respect to combining a free trial with any other offers.
iv. Auto-Renewal. Uber HCV may offer you the option to auto-renew your Shuttle Packages with the Uber App. Auto-renewal is only available where you have added a debit card or credit card (or such other payment method accepted by Uber HCV from time to time) as a payment method in your Uber Wallet in the Uber App. You may opt to have one of these payment methods automatically charged to renew your Shuttle Package. If you elect to renew, YOUR SHUTTLE PACKAGE WILL AUTOMATICALLY RENEW AT THE BEGINNING OF EACH BILLING CYCLE OR ON EXPIRATION OF THE VALIDITY OF YOUR PACKAGE BENEFITS, AND THE RATE FOR YOUR SHUTTLE PACKAGE WILL BE AUTOMATICALLY CHARGED TO YOUR SELECTED PAYMENT METHOD. You may choose to turn off the auto-renewal feature at any time before the next charge by toggling off the auto-renewal feature in your Uber Wallet under subscriptions, otherwise, the auto-renewal amount you have selected will continue unless and until you elect to turn it off. Auto-renewal will continue unless and until you elect to turn it off. Auto-renewal of the then current Shuttle Package.
If your selected payment method is declined, Uber will prompt you for a new payment method. Uber is not responsible for a new payment method. Uber HCV is not responsible for any fees charged by the cardholder's bank including, but not limited to overdraft fees, insufficient funds, fees, interest charges, foreign exchange fees, cross border fees, and other penalties levied by the cardholder’s bank.
v. Suspension or Termination. Uber HCV may suspend or terminate your Shuttle Package at our discretion without notice. Uber HCV will honour your existing Shuttle Package or may give you a refund for termination unless your conduct violates these Terms, Uber App Terms, Uber’s Community Guidelines, any applicable law, or involves fraud or misuse of the Shuttle Packages.
vi. Changes to Shuttle Packages. Uber HCV reserves the right to modify or stop offering Shuttle Packages, at any time in its sole discretion. If your Shuttle Packages materially change, Uber HCV will honour your existing Shuttle Package until it runs out.
d. Without prejudice to any separate right to suspend your Uber Account, insofar as a fee payment cannot be honoured because of insufficient funds, Uber shall be entitled to suspend your access to Shuttle Services by blocking the Uber App until your selected payment method is effecting payments.
4. Governing Law and Jurisdiction.
These Terms and all non-contractual legal relations arising in any way whatsoever between Uber HCV and you shall be governed by, construed and take effect in accordance with the laws of the Netherlands excluding the Vienna Convention. If the mandatory statutory consumer protection laws in your country of residence contain provisions that are more beneficial to you, such provisions shall apply. Customers may bring any judicial proceedings relating to these Terms before the competent court of their place of residence or the competent district court of Amsterdam, the Netherlands.