Terms & Conditions

                                                                                                           

  1. Acceptance of Terms and Conditions

These Terms as may be amended from time to time, apply to the use of our eCabs App. By accessing, browsing and using our eCabs App, you acknowledge and agree to have read, understood and agreed to the Terms set out below which shall also include the privacy policy.

We will notify you by email or through a notification on the eCabs App in the event that we make a significant change to these Terms. You will be deemed to have accepted such change if you keep on using the eCabs App.

  1. Definitions

“Account” means the account that each User must apply for to use the eCabs App to access cCabs Services.

“Booking” means a booking made by a Passenger for Services via any of our booking channels.

“Driver” mean a driver who has completed the registration for drivers and is accepted by us to participate as a Driver. This definition shall extend to any licenced fleet operator whose employees or authorised personnel may legally carry out Transport Services by using the Account.

“Drop-off” means the location of arrival for the Passenger/s indicated to us when requesting a trip

“eCabs” means eCabs Operators Limited a private limited liability company, registered in Malta (Company Registration Number C63326), whose registered office is situated at 4, Salvu Aquilina Street, Mosta (the ‘Company’). Throughout these Terms any reference to the terms ‘us’, ‘we’ or ‘our’ will be a reference to the eCabs.

“eCabs Circle” means our loyalty scheme.

“eCabs Services” means the services that eCabs provides, including provision, use and maintenance of eCabs App, the Platform, Payment Method, customer support, communication between the Driver and the Passenger and other similar services.

“eCabs App” means the smartphone and/or any portable device and/or any web application/s for Drivers and Passengers to request/receive/offer Transport Services. This includes both the passenger application and the driver’s application. The reference to the eCabs App shall also include the use of any other booking channel provided by eCabs which shall include but shall not be limited to phone bookings, walk-in office bookings and via email or other social media.

“Free Ride” means a ride at no charge to the Scheme Member which shall be capped at a maximum value set by eCabs in its sole discretion. Any excess shall be paid by the User.

“Operators” – Drivers in possession of an Operator’s licence issued by Transport Malta.

“Pick-Up” means the address stated by the Passenger at the time of making the Booking as the address from which the Vehicle shall collect the Passengers.

“Passenger(s) “you”, “your” or “yours” means the customer using or booking a Transport Service through our eCabs App or any other channel.

“Payment” means the fee a Passenger is obliged to pay Driver for provision of the Transport Services which shall be inclusive of VAT if applicable and/or any other applicable tax due as determined by us from time to time which includes payment for the eCabs Service.

“Payment Method System” means cards, carrier billing and other payment methods used by the Passenger using the eCabs App to pay for a Transport Service which includes our eCabs Service.

“Platform” means the technology connecting Passengers with Drivers to assist them to travel between locations of their choice.

“Points” means loyalty points accumulated as a Scheme Member calculated on money spent.

“Potential Customer” means a customer who has not made use of eCabs services since January 2020.

“Referrer” makes reference to an existing eCabs client who is sharing their referral code.

“Referee” makes reference to a person who is not an existing eCabs’ client and receives the referral code from the Referrer.

“Referral” makes reference to the act of referring someone to become an eCabs customer and being rewarded for it.

“Referral Code” makes reference to a unique identification code used by a Referrer to share with a Referee, which code is used to measure the attribution of the Referral.

“Scheme Members” are members of eCabs Circle.

“Terms” means these terms and conditions.

“Tiers” means different levels which attract different Points per Trip.

“Transportation Service(s)” means Light Passenger Transport Services, Chauffeur Driven Services and Passenger Transport Services carried out by Drivers.

“Trip” means a Transport Service offered by a Driver taking Passenger/s from their Pick-Up point to their Drop-Off point.

“User/s” means anyone who downloads the eCabs App.

“Vehicle” means a Vehicle used to carry out Transportation Services.

“Waiting Time Charge” means a charge for the excessive time spent by the Driver waiting for the Customer to board the Vehicle at the Pick-Up point.

  1. Who we are?
    We are an intermediary booking service platform whereby Transport Services may be booked by Passengers from Drivers. By means of Licence Number BPS002, we are authorised by Transport Malta to operate as a booking platform in terms of L.N. 366 of 2020. We have an office established in Malta where all booking data shall be kept. We offer the service of connecting Passengers with Drivers to move around between locations of their choice.
  1. Scope of our Service
    Through our eCabs App, we provide an online platform through which Drivers can reach out to Passengers to offer their Transport services and through which Users of the eCabs App can be provided with such Transport Services. We act solely as a channel of communication between You and the Driver, transmitting the relevant details to the relevant driver and sending you a notification for and on behalf of the relevant driver(s).

You acknowledge that your ability to obtain Transport Services through the use of the eCabs App does not establish us as a provider of transportation.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-transferable right to access and use the eCabs App on your personal device solely in accordance with these Terms, the privacy policy and the applicable app-store terms. You may not transfer or assign this right to use the eCabs App.

  1. Relationship with Drivers
    We have separate terms and conditions governing our relationship with Drivers. In turn each Driver may provide his own terms and conditions for the transport of passengers that govern the transport service provided. You are to note that Transport Service provided by Drivers is provided in their own independent capacity as Operators. It shall be the responsibility of such Operator to provide you with a fiscal receipt. eCabs shall provide you with a statement at the end of your trip.

By using eCabs App, you enter into a direct legally binding contractual relationship with the Driver for the provision of Transport Services. Any issues or disputes that may arise in connection with the Transport Service provided by Drivers is to be resolved by the Passengers and Drivers. We will provide you with relevant data concerning Drivers on our eCabs App.

Complaints or claims in respect of the Transport Service are to be dealt with by the Driver. We are not responsible for and disclaim any liability in respect of such complaints, claims and liabilities.

  1. Use of the Service
    In order to use the eCabs Services, you are to register for and keep an active Account. It is necessary that you be at least 18 years of age to obtain an Account. We require you to provide us with certain personal information, such as your name, address, mobile phone number and age and at least one valid payment method supported by us. This information is to be kept accurate, complete and up-to-date in your Account. Unless you do so, you might be unable to access or use the eCabs Services.

Unless permitted by us, you may only possess one Account.

You agree to comply with all applicable laws when accessing or using the eCabs Services and you may only access or use the eCabs Services for lawful purposes.

We may contact you by email or push notification, phone, text messages at any of the phone numbers provided by you or on your behalf in connection with an eCabs account.

  1. Payment
    You will be charged for making use of the eCabs Service. The charges will be all inclusive of VAT where applicable.

Payment is effected either through payment to the driver directly (in cash) or else through our Payment Method System. If you choose to pay through the latter means, charges and payment will be enabled by us by using the preferred payment method that you would have chosen in your Account.

If for any reason we are unable to effect payment through your preferred method of payment, we will use a secondary payment method indicated in your account, if any. Charges paid by you are final and non-refundable, unless otherwise determined by us on a case by case basis.

By providing a Payment Method Service, we collect payment on behalf of the Drivers. Your obligation to the Driver will be fulfilled when the payment order is given to transfer funds to our bank account and is completed. You, as a Passenger are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available. When making payments by the in-App payment service, we receive your payments and forward money to the Driver. In this respect, you may be asked for additional information to verify payment method.

You are to note that when making use of the Payment Method Service, there may be third-party payment costs. We are not responsible for such costs and disclaim all liability in this regard. Moreover, your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider.

Our responsibility is limited to the functioning of the Payment Method Service and we provide support in resolving problems. The resolution of disputes related to the in-App payment service also takes place through us. For payment support service please contact: [email protected] We will endeavor to reply to inquiries submitted by e-mail or through eCabs App within a reasonable time.

  1. Ordering and canceling a Transport Service

An order for Transport Service is complete when you place an order and the Driver has agreed to undertake that order, whereupon you will enter into a separate agreement with the Driver for the provision of Transport Service on such terms and conditions as may be agreed to with the Driver.

At booking stage, the Passenger shall be given the price of the trip based on the type of Vehicle, route, Pick-up and Drop-off location which shall include any intermediate Pick-ups or Drop-offs. Subject to Waiting Time Charges this price shall remain unchanged provided that the Passenger makes no changes to the Booking. Extra Stops shall be €3 per stop in the same zone. In different zones different charges may apply. Obtaining consent from the Passenger shall be necessary for such amendment.

We reserve the right to charge the Passenger a surcharge for all journeys made during the festive season or on any date which we deem to be particularly busy.

No Show Bookings – on Account: “No Show” trips are bookings where the driver arrives on location for pickup but finds that the passenger is not there to be collected. Since the service has been rendered on eCabs’ side, with a driver and vehicle committed to the booking and arriving at pick-up, the trip will still be charged. With the mandatory requirement of capturing a contact number for a booking, and the client receiving a confirmation of their booking with the ability to cancel the trip at any time, we cannot accommodate waiving “No Show” trip charges.

Group Bookings: Unless We are advised beforehand, the full agreed price applies should the number of passengers be reduced.

If you cancel the use of an ordered Transport Service, that is, if the Driver has accepted your request and you subsequently reject, cancel or refuse the Transport Service, then that request is deemed cancelled and you will be required to pay a penalty fee as specified in the eCabs App which penalty fee differs depending on the time period within which you cancel the Transport Service.

When the Driver notifies you about the arrival of the Vehicle to its destination and Passenger does not arrive at the vehicle within a certain time period as specified in the eCabs App, the request will also be deemed cancelled and the consequences described herein shall similarly apply.

You are to note that sometimes the relevant Driver may decide to cancel your request. You agree that we are not responsible for such situations and we will incur no liability whatsoever in respect thereof.

We reserve the right in our sole discretion to block your Account either temporarily or permanently in the event that you cancel a Transport Service frequently or in successive instances.

You agree that once the Driver arrives and sends you receive a notification that he or she has arrived the eCabs App may impose a Waiting Time Charge. We shall apply waiting time per minute as follows: Cars: €0.35 per minute / Vans: €0.50 per minute and Executive: €0.50 per minute. A grace period of five (5) minutes shall be afforded to the Passenger to board the Vehicle, in which case the waiting time shall be waived.

Passenger shall receive a full refund should the cancellation occur prior to the Driver being dispatched. It shall remain at our discretion whether to issue a refund at all.

  1. Liability, Disclaimer and Indemnity
    Subject to the limitations set out in these Terms and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to a breach of our obligations in respect of the eCabs Services.

However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, agents or others involved in creating, sponsoring, promoting, or otherwise making available the eCabs App and its contents will be liable for

(i) any consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim,
(ii) any inaccuracy relating to the information concerning the Transport Service provider as made available on our eCabs App,
(iii) the Transport Service rendered or offered by the Driver,
(iv) any direct, indirect or consequential damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our eCabs App, or
(v) any personal injury, death, property damage, or other direct, indirect or consequential damages, losses or costs suffered, incurred or paid by you, for any reason attributable to the Transport Service provider or us, unless by reason of our gross negligence or willful misconduct.

We are not responsible and disclaim any liability for the use, availability, validity, quality, suitability, fitness and due disclosure of the Transport Service and make no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose.

You acknowledge and agree that the Driver is solely responsible and assumes all responsibility and liability in respect of the Transport Service including any warranties and representations made by the Driver.

eCabs App is provided on a “tale quale” basis and “as available” basis. We do not represent, warrant or guarantee that access to eCabs App will be uninterrupted or error free. In case of any faults in the software, we will endeavour to correct them shortly. However, the functioning of the eCab App may be restricted due to occasional technical errors and we are not able to guarantee that the eCab App will function at all times.

Notwithstanding anything contained herein, our liability to you in respect of these Terms or howsoever otherwise arising in relation therewith shall be limited to two hundred Euro.

You agree to fully indemnify and hold us, our 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 eCabs App including the journeys you obtain through your use of the eCabs App.

We reserve the right to immediately end your use of the eCabs App if you breach these Terms or we consider it necessary to protect our integrity or the safety of Drivers. This is without prejudice to any other remedy that we may have at law or in line with these Terms.

  1. Passenger’s good practice
    You are to pursue any matters arising concerning defects or quality of the Transport Services with the Driver or the relevant public authority.
    You may give us your feedback through the eCabs App.

You are expected to use the eCabs Apps in good faith and to act in a respectful manner towards the Drivers. In the event that you violate these Terms or act maliciously, we reserve the right to close your Account without prior notice. This is without prejudice to any other remedy or right we have hereunder by law.

We will use our best endeavours to ensure that Drivers are respectful towards Passengers and provide a professional transport service. We encourage drivers to follow our Passenger Charter however, we cannot guarantee this in respect of every Driver located through the eCabs App.

  1. Our obligations as booking platform

You agree that we shall collect, process and store your booking data as required by law. This shall include names and surnames, pick up point, email address date and time, destination, geolocation and telephone/mobile numbers and any other information necessary for the carrying out of the service. All information is stored and processed in line with our privacy policy.

You agree that we shall share such information if required to by Transport Malta or any other relevant authority.

We shall at all times make available to the Passenger during a Trip and through the provision of the Transport service the name and other contact details of the Driver who is/shall ultimately provide the service.

You hereby agree to our Privacy Policy and confirm and hold eCabs harmless for any claims made for our handling of personal data of a Passenger when booked by a User. When a User makes a booking on behalf of a Passenger, eCabs shall assume consent for processing and storage of data of such Passenger for which the User shall remain at all times responsible to such Passenger.

  1. Loyalty Scheme

All eCab App users registered as from Monday 14th February 2022 automatically participate in eCabs loyalty scheme named eCabs Circle. Those users who registered prior to the 14th February 2022 may still decide to opt-in to eCabs Circle. eCabs Circle is exclusively restricted to eCabs Users.

Conditions

eCabs Circle is available to any natural person who meets the requirement of using the eCabs services.

  1. By downloading and installing the eCabs app, You immediately benefit as a Scheme Member
  2. Should a Scheme Member abuse of eCabs Circle or provide inaccurate details, eCabs shall have the right to terminate his/her subscription without prejudice to recovering any benefits provided to the Scheme Member and to any other recourse against such Scheme Member.
  3. A Customer may sign up to Circle by downloading the eCab App, effecting a booking over the phone, via email or in person at one of eCabs booking offices.
  4. Participation to the eCabs Circle is a privilege granted to Scheme Members, and as such can be suspended, revoked, or terminated at any time by eCabs for any reason and without giving reason.
  5. The Scheme may be unavailable, inaccurate or interrupted from time to time for a variety of reasons outside of our control. In the unlikely event that one of the aforementioned situations arises, eCabs shall not be held responsible for any unavailability, interruptions or errors of the Scheme.

Points

  1. Points due do not accrue for Account bookings.
  2. Points only accrue on completed Trips for which payment has been made.
  3. Points shall only accrue for the Customer, and any booking made by a Customer for a Passenger shall not result in any accrual of Points for the Passenger.
  4. Scheme Members accrue points for every euro spent, which Points shall be calculated according to the Tier they are in at the moment of the transaction.
  5. Points have no monetary value; they cannot be exchanged for cash.
  6. Points are not transferable.
  7. Points expire after twelve (12) months from the date of their accrual.
  8. Points are not earned on unpaid or free rides.
  9. Points can be revoked if a ride, for which points were earned, is refunded.
  10. eCabs, in its sole discretion, may run promotions that allow you to earn Points or other benefits. The requirements to earn Points or other benefits in this manner will be specified in the promotional materials and eCabs may place additional terms and conditions on Points earned through such promotions.

How to Redeem Points

  1. Once a Scheme Member reaches a determined threshold of points, a Free Ride will be automatically applied to the next trip booked through the App, Phone/Email/Walk-in channels, on standard trips only. This threshold and conditions can be modified by eCabs at any time, in its sole discretion.
  2. Points cannot be redeemed on trips booked through the Website.
  3. The Free Ride is mandatory and cannot be combined with any other offer or promotion.
  4. The Free Ride is valid for 15 days. following which, the Free Ride will be forfeited.
  5. eCabs reserves the right to correct or modify Point amounts at any time at its sole discretion.

Tiers

  1. eCabs Circle offers various Tiers based upon the number of trips completed within a period of 6 months since the date of enrollment to the Scheme.
  2. Each Tier comes with its own Point boosters and rewards, defined by eCabs. The available Tier rewards and Point boosters may be changed without prior notice.
  3. Each Scheme Member automatically advances to the next Tier by completing a minimum number of trips, defined at eCabs sole discretion.
  4. Every six months from becoming a subscriber to Circle, the Scheme Member status within the Tier is evaluated and rides are zeroed; the Scheme Member will remain in the reached Tier unless the trips taken during the six months period were inferior than the minimum required to access that particular Tier. If the trips taken were inferior than the set threshold, the Scheme Member will be demoted by one Tier.

Scheme Members can view their status and Points via the eCab App. Alternatively, on successfully identifying themselves an agent can furnish them with such details over the phone by calling our 24/7 contact center on +35621383838.

When a User requests for their Account to be deleted, they will lose all Points and benefits related to eCabs Circle.

  1. eCabs Referral Rules

eCabs Referrals may be switched on or off at any time at eCabs discretion. Should eCabs Referrals be available at the time of reading, the following terms apply.

By accepting and sharing your eCabs referral code or by signing up with a referral code, you are agreeing to be bound by these rules Travel Conditions.  Any violation may lead to the deactivation of your account.

eCabs reserves the right to seek legal redress against any fraudulent activity and seek damages which may far outweigh the monetary gain potentially defrauded.

  1. Who is eligible to be an eCabs Referrer?

Any User can be a Referrer who (a) is a legal resident of Malta, (b) is of legal age, and (c) has an eCabs account in good standing. Referrers cannot have more than one eCabs account.

  1. Who is eligible to be a Referee?

Your family, your friends and any other person you know may be eligible to be Referees, however this cannot be yourself. To receive a Referral Reward for referring someone who orders services through the eCabs App, your referee/invitee must:

(a) be a new eCabs user

(b) meet the eCabs Terms and Conditions, and

(c) sees through all the actions required for the Referral to be deemed completed including the actual completion of a trip.

Referrers cannot request themselves as a rider within any newly created, fictitious or fraudulent accounts by creating duplicate/multiple accounts, claim false fees or charges, manipulate trip details, or do anything else prohibited by eCabs General Terms & Conditions which may be updated from time to time.

  1. How can I use my referral code?

eCabs has the right to limit and change the number of times you use or share your referral code based on these Rules and all other terms and conditions. To see if your code has a limit, refer to the details found in the “Invite Friends” tab within the eCabs App.

eCabs wants you to share your referral code, which may only be done through the App, and earn Referral Rewards. However, referral codes must only be used responsibly. This means that you can only share your referral code with people you know. Referral codes cannot be used for commercial purposes.

You agree that you will not:

1 – Promote by any digital or other means, duplicate, sell, transfer or make available to the general public your referral code in any manner, other than that permissible directly through the eCabs App. Printing it on cards/fliers, posting it on a website or any social media platform or other forms of digital platforms is not permissible;

2 – Try to get referees/invitees by spamming, bulk emailing or sending large numbers of unsolicited emails. The only people you should be emailing are people you know personally;

3 – Use, display or manipulate eCabs intellectual property (such as logos, trademarks and copyright-protected works) in any way and on any platform, except to identify yourself as an eCabs user or referrer;

4 – Make misleading or unlawful claims about eCabs, use offensive/abusive content, create fake websites/web pages/social media profiles/apps, misrepresent your relationship with eCabs, or otherwise make any false or misleading statements to capture a referee/invitee to use your code;

5 – Use your referral code in any manner that violates Maltese law or the rights of anyone else.

  1. How do I earn my Referral Reward as a referrer/inviter?

Subject to you and your Referees following these “Rules, and you having an activated eCabs account, you should receive your Referral Reward after your Referee uses your code to sign up with eCabs and completes the requirements for the particular Referral Reward. The specific reward details may be found in the “Invite Friends” section within the eCabs App. Cancelled trips do not count towards the minimum requirements.

Referral Rewards are discretionary, and the amount of a Referral Reward and the requirements to get it can vary from time to time. As a result, if your referee/invitee signs up after terms are changed, they may receive a different referral offer from the one stated in your invitation and you may receive a different Referral Reward than you thought.

eCabs reserves the right to change the limit on the number of times you can use your referral code. The requirements for receiving, and the amounts of Referral Rewards are subject to change at eCabs sole discretion. Referral Rewards are not transferable, have no cash value and may expire.

  1. How can I earn a Referral Reward as a referee?

A Referee may get a discount the first time they use the eCabs application. The amount and form of the discount will be shown in their invitation which remains entirely at eCabs discretion.

  1. Termination and changes

eCabs reserves the right to change, end or pause, in whole or in part, any referral programme, as well as any Referrer or Referee’s ability to participate in any referral programme or receive Referral Rewards at any time for any reason, including but not limited to suspected fraud (including by either the referrer and/or referee), abuse or any violation of these Rules. If eCabs ends any referral programme, any unused or unredeemed Referral Rewards will be forfeited at that time. eCabs has no obligation of giving reasons for ending, suspending or altering this Referral Programme or any other programme or scheme and no user whether Referrer or Referee or otherwise shall be entitled to compensation for eCabs decision to end, suspend or alter any referral programme.

Continued participation in any referral programme or loyalty scheme after any update will mean that you have agreed to the update.

  1. 13. Final Provisions
    The Terms will be governed by and construed in all respects in accordance with the laws of Malta. Any dispute concerning the interpretation or enforcement of the Terms shall be subject to the exclusive jurisdiction of the Maltese Courts.

Nullity of one of the provisions or paragraphs thereof in these Terms shall not affect the applicability of the other provisions or other paragraphs. In such a situation, the null and void provisions or paragraphs thereof shall be replaced by new provisions or paragraphs, the contents, scope and objective of which correspond as far as possible with the old, null and void, provisions.