1. Introduction

This Agreement on provision of free information services (Public offer) (hereinafter - the Agreement), developed in accordance with Articles 633, 634 of the Civil Code of Ukraine, is a public agreement, on the basis of which the information and dispatch service ‘lextaxi’ (hereinafter - the Contractor) provides free information services to each individual (hereinafter - the person, the Customer) at his/her request in the scope and in the manner prescribed by this Agreement.

Using contact phones of the information and dispatch service ‘lextaxi’, or online taxi order form on the website https://lextaxi.ua, or mobile application ‘lextaxi’, - the Customer expresses its consent to receive services under the Agreement, as well as to join the Agreement, unconditionally accepting its terms and conditions and fully agreeing with them.

Services under this Contract are provided exclusively to the public. Under no circumstances this Contract may be considered as a contract for the provision of services to business entities or any legal entities.

2.Terms 

Order database - a set of information available to the ‘lextaxi’ information and dispatch service regarding all available orders and information related to the status of their fulfilment;

Cargo - luggage, large-sized and other things, which are transported at the Customer's request;

Executor - ‘lextaxi’ information and dispatch service;

Order - a set of information about the Customer's intention to make a trip to a certain destination in person and/or to provide transport of passengers and/or cargo or delivery of vehicles, provided by transmitting it via the telephone numbers of the ‘lextaxi’ information and dispatch service, or by filling in the relevant fields of the online taxi order form on the website https://lextaxi.ua, or via the mobile application ‘lextaxi’, - subject to the necessary conditions;

Customer - a natural person who receives services under this Agreement;
Route - the way of movement of the vehicle in the process of providing the transport services;

Carrier - a person providing passenger and/or cargo carriage or vehicle delivery services to the Customer;

Carriage Services - passenger and/or cargo carriage or vehicle delivery services provided by the Carrier to the Customer;

Departure point - a point from which the fulfilment of an order starts;

Destination - an intermediate or final point, the arrival at which is indicated in the order.

3. Subject of the Agreement

3.1 Under this Contract, the Contractor shall, upon the Customer's request, provide the following set of services:

- informs the Customer about the Carrier's general requirements for the provision of carriage services;

- informs the Customer about the price of carriage services, determined in accordance with the Carrier's tariffs;

- places orders in its order database to which Carriers have access;

- informs the Customer about the Carrier, who has agreed to accept the order for execution, by sending an SMS message and/or an electronic message via the mobile application ‘lextaxi’, and/or a voice telephone message, indicating the make, colour and number plate of the Carrier's vehicle, as well as the time of its arrival at the point of departure, as reported by the Carrier.

3.2 The Contractor does not provide carriage services and under no circumstances can be recognised as or identified with the Carrier.

4. Procedure of service provision

4.1 The order is formed according to the information received by the Contractor from the Customer by contact telephone numbers of the information and dispatch service ‘lextaxi’, or provided by the Customer by filling in the relevant fields of the online taxi order form on the website https://lextaxi.ua, or provided by him through the mobile application ‘lextaxi’.

4.2 Order information required for the provision of services under the Agreement:

4.2.1 Minimum necessary information, without which it is impossible for the Contractor to provide the service:

- point of departure;

- destination point (if there are intermediate destination points - all such points);

- contact details of the Customer.

4.2.2 Additional information on the order (desired class of vehicle; desired route; desired time of arrival of the Carrier at the point of departure; number of passengers and / or cargo, it is obligatory to inform the Executor if the order is made for the purpose of transporting animals or oversized cargo; special conditions of carriage, etc.).

4.3 When contacting via contact phones of the information and dispatch service ‘lextaxi’ the order is formed by the Executor on the basis of the information provided by the Customer by phone. To ensure the quality of service provision and internal control, telephone conversations between the Customer and the Executor may be recorded.

4.4 When using the online taxi order form on the website https://lextaxi.ua or mobile application ‘lextaxi’, the order is automatically formed on the basis of the information provided by the Customer by filling in the relevant fields of the online taxi order form on the website https://lextaxi.ua or mobile application.

4.5 Upon receipt of the information provided for in clause 4.2 of the Agreement, the Contractor shall inform the Customer of the price of carriage services determined in accordance with the Carrier's base fares and, if the Customer agrees, shall immediately place the formed order in its database.

4.6 When the order database receives information from the Carrier about his consent to fulfil the order, the Contractor shall immediately inform the Customer about such Carrier in the manner stipulated in clause 3.1 of the Contract.

4.7 After performance of the actions stipulated in Clause 4.6 of the Contract, the Contractor shall be deemed to have fully and duly fulfilled its obligations to the Customer under the Contract. Drawing up of any documents to confirm the above circumstances is not required.

4.8 The provision of services under this Contract shall be free of charge.

4.9 The Executor is not responsible for the correctness of the information provided by the Customer by phone, or by filling in the relevant fields of the online taxi order form on the website https://lextaxi.ua, or provided by him via the mobile application ‘lextaxi’. In no case the Executor can be held liable on the grounds of incorrectness of the information recorded in the order.

4.10 The Contractor is not responsible for the Carrier's compliance with the time of arrival at the point of departure.

4.11 The Contractor does not determine and does not control the route chosen by the Carrier and the quality of the transport services provided by the Carrier. However, in order to improve the service and optimise relations with the Carriers, the Executor may conduct surveys of the Customers and otherwise collect information on the quality of the provided transportation services.

4.12 The Contractor shall not be liable for any actions of the Carrier and the damage and losses caused by them.

4.13 The Contractor shall not be liable for failure of order fulfilment due to software failure and / or malfunction of the technical equipment that ensures the formation and display of orders.

4.14 The Contractor shall not be liable for temporary total or partial inability to provide services under this Contract due to replacement/maintenance of software and/or technical equipment that ensures the formation and display of orders.

5. Information on the general requirements of the Carrier

5.1 The information in this section is a summary of the Carrier's requirements for the provision of the Carriage services. The requirements specified in this section may in no way be taken as conditions for the fulfilment of this Contract, but their non-compliance may serve as grounds for the Carrier's refusal to provide services to the Customer. Such refusal may not be the basis for reimbursement of the Customer's losses.

5.2 Carriage services shall be provided by the Carrier if the Customer and passengers comply with the following conditions:

5.2.1 The carriage of animals is performed only with the Carrier's prior consent. The Customer is obliged to inform the Carrier about the carriage of an animal when forming the order. Subject to the Carrier's consent the carriage is allowed:

- dogs in muzzles with a leash and bedding, except for dwarf breeds, which are carried in the arms of passengers;

- small animals and birds in cages (boxes, baskets, containers, etc.) with a solid bottom.

For the carriage of large dogs the Carrier may charge an additional fee according to its tariffs.

If the Customer has not informed the Carrier about the transport of the animal, the Carrier may refuse to provide the Customer with the transport service without any sanctions.

5.2.2 During the journey passengers are prohibited:

- demand carriage of cargoes, the weight of which exceeds the maximum permissible weight for the respective type of vehicles;

- carry cargoes with pungent odour, dangerous (flammable, explosive, toxic, corrosive, etc.) substances;

- carry cold and firearms, as well as things and objects that may stain or damage the vehicle;

- smoke, use lighters or other sources of fire and spark-producing devices;

- drink or take food in the vehicle;

- distract the driver from driving the vehicle, including talking on a mobile phone.

5.3 The Carrier has the right to refuse to provide transport services to a person who is under the influence of alcohol or drugs.

5.4 The Carrier has the right to impose a surcharge for the provision of carriage services:

- in case he waits longer than 5 minutes from the moment of arrival at the point of departure for the start of fulfilment of the order;

- for the carriage of oversized cargo;

- in case of stopping on the route or changing the route at the request of the Customer or another passenger;

- in case of using toll car parks or motorways.

5.5 The Carrier has the right to demand from the Customer the payment of a penalty for unmotivated cancellation of the journey after the Carrier's arrival at the point of departure.

5.6 In case of damage caused to the Customer or the Carrier as a result of the provision of carriage services, compensation for such damage shall be made in accordance with the applicable law.

6. Special conditions

6.1 By agreeing to receive services under this Agreement, the Customer grants the Executor unambiguous, unconditional and irrevocable consent to receive SMS messages, electronic messages, voice messages, as well as to collect, store, process and use (including transfer to third parties) his personal data by the Executor for an unlimited period of time.

6.2 The Executor is not responsible for the use by the Customer or the Carrier of the information placed in the order database as a result of the fulfilment of this Contract, and for the losses incurred by the said persons as a result of the receipt or use of such information.

6.3 The provision/receipt of carriage services using the Contractor's information services shall not be the basis for the Contractor to be held liable to compensate for any damage caused to the Customer or the Carrier as a result of the provision of carriage services.

6.4 No terms and conditions of this Agreement may be interpreted as a guarantee of the provision of carriage services to the Customer.

6.5 The Contractor shall have the right to amend this Contract at any time, and the Customer without any additional confirmation shall unconditionally accept such amendments and fully agree with them.