Note: The Hara specific promotion T&C’s are at the end of the main T&C’s.
SKOOT Ride.com LTD (hereinafter referred to as “SKOOT”) has developed a carpooling platform accessible in the form of a mobile application, and designed to put Members who drive in contact with friends of their choosing in order to enable them to assist and give a lift to the friend ordering and taking the ride, and paying in app for the associated costs (hereinafter referred to as the “Platform”).
By downloading the application and registering with your mobile number and other data, you confirm that you have read and accepted all these general conditions of use, and accept to remain bound to these terms and conditions as long as you continue to use the application and its services. If you do not agree with any of these terms and conditions, you must immediately cease accessing and using the application and the services being provided.
In this document,
“Gathering Notice” means an advertisement about a Trip posted on the Platform by a Driver to their selected friends;
“Ride Request” means a notification delivered to your mobile about a ride requested by a Passenger Member of SKOOT to one of their friends who is also a member of SKOOT;
“SKOOT” has the meaning given to it in Article 1 above;
“T&Cs” means these Terms and Conditions;
“Account” means the account that must be created in order to become a Member and access certain services offered by the Platform;
“Driver” means the Member using the Platform, to offer to transport another Member, in exchange for the Cost Contribution as calculated by the application, with the trip being defined by the Member requesting the ride;
“Booking Confirmation” has the meaning given to it in Article 4.2.1 below;
“Member Content” has the meaning given to it in Article 11.2 below
“Service Fee” has the meaning given to it in Article 5.2 below;
“Member” means any individual having created an Account on the Platform;
“Passenger” means the Member having accepted the offer to be transported by the Driver, who is a friend of the Member;
“Cost Contribution” means, for a given Trip, the sum of money requested by the Driver and accepted by the Passenger for his/her contribution to the travel costs;
“Ride” means the journey booked by a Passenger in the Driver’s vehicle;
“Platform” has the meaning given to it in Article 1 above;
“Booking” has the meaning given to it in Article 4.2.1. below;
“Services” means all services delivered by SKOOT via the Platform;
“Website” means the website accessible at the address www.skootride.com;
“Legs” has the meaning given to it in Article 4.1 below;
“Trip” means the journey subject of a note pushed by a Driver on the Platform to other Members who are friends, and for which they agree to transport Passengers in exchange for the Cost Contribution;
“Trip with Booking” has the meaning given to it in Article 4.2.1 below;
3. Registration on the Platform and creation of an Account
The Platform may be used by individuals aged 16 or over. In accessing, using or registering on the Platform, you represent and warrant that you are aged 16 or over.
The Platform enables Members to book a journey. These journeys cannot be booked without having first created an Account and become a Member.
To create your Account, you:
When creating your Account, regardless of the method chosen, you agree to provide accurate and true information, and to update it through your profile or by notifying SKOOT, in order to guarantee its relevance and accuracy throughout your contractual relations with SKOOT. You also confirm that you are competent to enter into a contract under the applicable laws,
You alone are responsible for the use of your Account by third parties in the event of losing your mobile device, unless you have expressly notified SKOOT of the loss, whereby SKOOT will suspend your account.
You agree not to create or use, under your own identity or that of a third party, Accounts other than that initially created.
You are solely responsible for maintaining the confidentiality of your registration information and log in details, and you will be liable for all transactions and activities and any misuse of the application that occurs through your account by you or any third party. If the device is lost or stolen or if your account has been compromised in any way, then you must notify SKOOT immediately so ensure your account is blocked, suspended or deactivated.
SKOOT may, for the purposes of transparency, improving trust, or the prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile. This is notably the case when you enter your telephone number or provide us with an identity document.
You recognise and accept that any reference on the Platform or the Services to “verified” information, or any similar term, means only that a Member has successfully passed the verification procedure existing on the Platform or the Services in order to provide you with more information about the Member with whom you are considering travelling. SKOOT cannot guarantee the truthfulness, reliability or validity of the information subject of the verification procedure, and accepts no liability for consequential events thereof.
As a Member, and providing you fulfil the conditions below, you can create and post a Gathering Notice to your Friends on the Platform by entering information about the Trip you intend to make (dates/times and collection points and arrival, number of seats offered, options available, with the amount of cost contribution calculated by the application).
When posting your Gathering Notice, you can indicate the milestone cities in which you agree to stop, to pick up Passengers. The sections of the Trip between these milestone cities or between one of these milestone towns and the collection point or destination of the Trip constitute “Legs”. The definition of Legs also applies to Rides, but where on Rides they relate to the roundtrip of the Driver from his/her initial location, to collect the Passenger and ferry them to the pre agreed drop off point and returning back to the initial location.
You are only authorised to post a Gathering Notice if you fulfil all the following conditions (the same also applies to any Rides that you are involved in as the Driver):
You recognise that you are solely responsible for the content of the Gathering Notice you post on the Platform. Consequently, you represent and warrant the accuracy and truthfulness of all information contained in the Gathering Notice, and you undertake to fulfil the Trip under the conditions described in your Gathering Notice.
Providing your Gathering Notice complies with the T&Cs, it will be posted on the Platform and will only be visible to the friends selected by you.
The methods of booking of a Trip depends on the nature of the Trip envisaged.
SKOOT has set up a system for booking in advance on the Platform (“Booking”) either for a Ride or a Trip. Where a Trip is booked in advance, it will be conveyed to other Members in the form of a Gathering Notice.
Eligibility of a Ride or a Trip for the Booking system remains at the sole discretion of SKOOT, which reserves the right to modify these conditions at any time.
When a Passenger is interested in a Gathering Notice, the Member may confirm the Booking through the Platform. This Booking request is accepted automatically. The Passenger only makes payment through the Platform for the Cost Contribution when the driver closes the Gathering Notice and concludes the number of passengers for the Trip so the Cost Contribution per passenger can be calculated and charged (plus the related SKOOT Service Fee). After receipt of the payment by SKOOT and confirmation of the Booking request by the Driver, where applicable, the Passenger receives a Booking Confirmation (the “Booking Confirmation”) through the application.
At the time of the Booking Confirmation, SKOOT may send you the telephone number of the Driver (if you are the Passenger) or of the Passenger (if you are the Driver). You are then solely responsible for executing the contract binding you to the other Member. You also confirm that by creating or Booking in a Gathering Notice that you consent to your telephone numbers being shared in this way.
SKOOT encourages you to leave a review about a Driver (if you are a Passenger) with whom you have shared a journey with. However, you are not permitted to leave a review about another Passenger if you were a Passenger, or about a Member with whom you have not travelled or with whom you were not supposed to travel with. Your review can only relate to the Driver of the Ride or Trip in question.
All reviews are only visible and published on the Platform.
You recognise and accept that SKOOT reserves the right not to publish or to delete any review, any question, any comment or any response if it deems its content breaches these T&Cs.
SKOOT reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs in the case where there are concerns as to your conduct as a Member during Rides and Trips.
Access to and registration on the Platform, as well as searching, viewing and posting a Gathering Notice, are free of charge. However, a Ride, a Trip and a Trip with Booking will all be charged under the conditions described below.
The Cost Contribution is determined by the application calculating the Legs and determining which Passenger was travelling in the vehicle for the appropriate legs. The Cost Contribution is then charged to ensure that the journey complies with these T&C’s.
In the context of Trips with Booking, SKOOT, in exchange for use of the Platform, at the time of Booking, shall collect a service fee (hereinafter referred to as the “Service Fee”) calculated on the basis of the Cost Contribution being 12% (including UK VAT). VAT is defined as per the Value Added Tax Act 1984 and is charged at the prevailing rate, currently 20%.
The Service Fee is collected by SKOOT for each Ride and Trip subject of a Booking and payment by a Passenger.
You recognise and accept that SKOOT may, at its full discretion, round up or down the Service Fees and the Cost Contribution.
SKOOT may, in its sole discretion, create promo codes for credits, cash benefits and non-cash benefits (“Promo Codes”) in relation to the Services or any third party benefits or services subject to any additional terms set out by SKOOT from time to time. You agree that the Promo Codes (i) shall be used for the intended and lawful purpose and as permitted by SKOOT; (ii) may expire prior to use or be disabled at SKOOT’s discretion. SKOOT 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 or not in the spirit intended by the Promo Code.
In using the Platform as Driver, you confer on SKOOT a collection mandate for the Cost Contribution in your name and on your behalf for a Ride, a Trip and a Trip with Booking where you have been the Driver in accordance with these T&Cs.
Consequently, SKOOT shall collect the whole of the sum paid (Service Fee and Cost Contribution) by the Passenger or Passengers.
You recognise and accept that none of the sums received by SKOOT in the name and on behalf of the Driver gives entitlement to interest. You agree to respond diligently to any request of SKOOT and more generally of any administrative or court authority competent particularly in the prevention or combating of money laundering. Notably, you agree to provide, on simple request, any useful evidence of address and/or identity.
In the absence of response to these requests, SKOOT may take any measure it deems appropriate, notably freezing of the sums due to you as a Driver and/or suspension of your Account and/or termination under these T&Cs.
After the Trip or Ride, the Passenger of the Ride or Passengers of the Trip shall have a period of 24 hours after the end of the Trip or Ride to submit a claim on the Trip or Ride to SKOOT. In the absence of claim of the Passengers within this period, SKOOT shall consider the Trip or Ride confirmed.
From the time of this express or tacit confirmation, you shall have, as Driver, a credit payable on your Account. This credit corresponds to the total amount paid by the Passengers that have been driven by you (in accordance with these T&Cs) on the Trips and Rides, i.e. the Cost Contribution paid by the Passenger or Passengers exclusive of the Service Fee.
Upon confirmation of the Trip or Ride by the Passengers or Passenger, the monies due to you shall be paid to you using the payment details you have provided the Platform.
The payment order in your name will be sent on the first working day after the Trip or Ride is confirmed (providing SKOOT has the necessary information to pay).
Payment of the Contribution Cost will be facilitated by SKOOT on behalf of the Driver as the disclosed payment collection agent for the Driver. Payment of Contribution Cost shall be considered the same as payment made directly by the Passenger to the Driver and such payments will be facilitated by a payment gateway and/or payment processing services provider appointed by SKOOT (the “Payment Processor”). The Payment Processor may be SKOOT, one of its related bodies corporate or an unrelated third party or any party sub-contracted by SKOOT for this Purpose.
You will be required to provide relevant payment details including PayPal account information and credit/debit card details (“Card Details”) to the Payment Processor in order for SKOOT to collect and process payments of the Cost Contribution and Service Fee, and Members hereby authorise the Payment Processor to do so. Your authorisation:
As a Driver and a Passenger on any Trip or Ride, you have authorised SKOOT to settle any payment-related disputes between a Driver and a Passenger.
The Contribution Cost paid by you as a Passenger is final and non-refundable, unless otherwise determined by SKOOT. If any amount paid by you is fully or partially refundable for any reason, such amounts will be refunded to you by SKOOT on behalf of the Driver in accordance with and subject to Applicable Law. You may contact SKOOT for any issues arising therefrom. The Service Fee is non-refundable.
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 and that you have activated such Promo Codes in the correct way.
You agree to use the Services and the Platform only to be put into contact, on a non-business and non-commercial basis, with friends wishing to share a Trip or a Ride with you.
As Driver, you agree not to request a Cost Contribution higher than the costs you actually incur and that may generate a profit for a Ride or a Trip. As relates Trips, it is specified that you have must bear as the Driver of the Trip your own part of the costs induced by the Trip in the event of a Gathering Notice as calculated by the Platform. You are solely responsible for ensuring that the Gathering Notice reflects accurately the Trip taken and hence with the application calculating the costs no profit is actually made and includes and element for your share of the costs.
SKOOT reserves the right to suspend your Account in the case where you use a chauffeur-driven or other business vehicle or taxi, or a company car, and due to this, generate a profit from the Platform. You agree to provide to SKOOT, on its simple request, a copy of your car registration certificate and/or any other document showing that you are authorised to use this vehicle on the Platform and are not drawing any profit therefrom.
SKOOT also reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of activity by you on the Platform which, owing to the nature of the Trips offered or Rides served, their frequency, the number of Passengers carried entails a situation of profit for you, or for any reason suggesting to SKOOT that you are generating a profit or running a business on the Platform.
Rides of an instant (non-booked) nature and Trips with Booking are the subject of this cancellation policy. The cancellation of such journeys by the Driver or the Passenger is subject to the stipulations hereunder but not limited to, and are subject to change, without prior notice and at SKOOT’s sole discretion:
– In the case of the cancellation of a Gathering Notice:
– In the case of the cancellation of an instant Ride:
SKOOT appreciates, in its sole discretion, on the basis of the available information, the legitimacy of the reimbursement requests.
You recognise yourself as being solely responsible for respecting all laws, regulations and obligations applicable to your use of the Platform.
Furthermore, when using the Platform and during Trips and Rides, you undertake:
Furthermore, when you use the Platform as a Driver, you undertake to adhere to the following in addition to the conditions that you are obliged to fulfil as described in item 4.1 (i) to (x) inclusive for both Rides and Trips:
When you use the Platform as a Passenger, you undertake:
You can terminate your contractual relations with SKOOT at any time, without cost and without reason. To do this, simply close your account and uninstall the application from your mobile phone device.
In the event of (i) breach by you of these T&Cs, including but limited to your obligations as Member mentioned in Articles 6 and 8 above, (ii) having your access to the Platform limited or terminated as set out in Article 4.3.3 above, or (iii) if SKOOT has genuine reason to believe that this is necessary to protect its security and its integrity and that of the Members or third parties, or for the purpose of prevention of fraud or investigations, SKOOT reserves the right to:
When this is necessary, you will be notified of the establishment of such measure in order to enable you to give explanations to SKOOT. SKOOT will decide, at its sole discretion, whether or not to lift the measures put in place.
SKOOT grants you a non-exclusive, personal and non-transferable right to use the Platform and the Services, for your personal and private use, on a non-commercial basis and in compliance with the purposes of the Platform and the Services and these T&Cs.
You are prohibited from any other use or exploitation of the Platform and Services, and their content, without the prior written permission of SKOOT. Notably, you are prohibited from:
In order to enable the provision of the Services, and in compliance with the purpose of the Platform, you grant SKOOT a non-exclusive licence without the expectation of the payments of any fees and/or charges to use the content and data you provide in the context of your use of the Services (hereinafter referred to as your “Member Content”). In order to enable SKOOT to distribute via the digital network and in accordance with any communication protocol (notably internet and mobile network), and to provide the content of the Platform to the public, you authorise SKOOT, for the whole world and throughout the duration of your contractual relations with SKOOT, to reproduce, represent, adapt and translate your Member Content as follows:
The Platform constitutes an online networking platform on which the Members can create and post a Gathering Notice for Trips for the purposes of carpooling or seek lifts as a Ride. A Gathering Notice or a Ride request can notably be viewed by the other Members to find out the terms of the Trip or Ride, and where applicable, to directly book a seat in the vehicle in question with the Member having posted the Gathering Notice on the Platform or to offer a lift to the Member requesting the Ride.
In using the Platform and in accepting these T&Cs. You also recognise that in the context of a Gathering Notice that SKOOT is not party to any agreement entered into between you and the other Members with a view to sharing the costs relating to a Trip.
SKOOT has no control over the behaviour of its Members and the users of the Platform. It does not own, exploit, supply or manage the vehicles subject of a Gathering Notice, and it does not offer any Trips or Rides on the Platform.
You recognise and accept that SKOOT does not control the validity, truthfulness or legality of a Gathering Notice, Rides and Trips offered. In its capacity of carpooling intermediary, SKOOT does not provide any transport service and does not act in the capacity of carrier; the role of SKOOT is limited to facilitating access to the Platform.
The Members (Drivers or Passengers) act under their sole and full responsibility.
In its capacity of intermediary, SKOOT cannot be held liable for the effective occurrence of a Trip or Ride, and notably owing to:
SKOOT shall try as far as possible to maintain the Platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without notice, owing to technical maintenance, migration or update operations, or owing to outages or constraints linked to the operation of the network. Such temporary suspension shall not irrespective of the duration of such suspension of service create any liability for SKOOT, including for any consequential or any other form of damages or loss to the Members so arising.
Furthermore, SKOOT reserves the right to modify or suspend all or part of access to the Platform or its functionalities, at its sole discretion, temporarily or permanently. Such modifications and/or suspensions shall not irrespective of the duration or nature of such suspension of service or type of modification create any liability for SKOOT, including for any consequential or any other form of damages or loss to the Members so arising.
These T&Cs and the documents integrated by reference express the entire agreement between you and SKOOT relative to your use of the Services. Any other document, notably any mention on the Platform (FAQ, etc.), is for guideline purposes only.
SKOOT may modify these T&Cs in order to adapt to its technological and commercial environment, and to comply with the legislation in force. Any modification to these T&Cs will be published on the Platform with mention of the date of effect, and you will be notified by SKOOT before it takes effect.
To the maximum extent permitted by law, you will indemnify and hold harmless SKOOT and its related bodies corporate (and their respective directors, officers, employees, agents and representatives) (“Indemnified Parties”) from and against any losses, damages, liability, claims, costs, penalty and expenses (including, reasonable legal fees) incurred by the Indemnified Parties arising out of or in connection with any:
To the extent permitted by applicable law, SKOOT shall not be liable to you in any manner (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for:
SKOOT shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if SKOOT has been advised of the possibility of such damages. SKOOT shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) Any transaction or relationship between you and any third party, including another Member, even if SKOOT has been advised of the possibility of such damages. SKOOT shall not be liable for delay or failure in performance resulting from causes beyond SKOOT’s reasonable control.
The limitations and exclusions of liability in this clause 16 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.
SKOOT’s total aggregate liability to you for losses you suffer shall not exceed £250.
Nothing in this clause shall exclude SKOOT’s liability, that by law, may not be limited or excluded.
These T&Cs are written in English and subject to English law.
You can also, if necessary, present your complaints relative to our Platform or our Services on the dispute resolution platform placed online by the European Commission, accessible here. The European Commission will send your complaint to the competent national ombudsman. In compliance with the rules applicable to mediation, you are bound, before any request for mediation, to have notified SKOOT in writing of any dispute in order to obtain an amicable solution.
The Platform is published by SKOOT RIDE.COM LTD, a limited company registered in England and Wales Company Number 11982528 (VAT number: 327 6045 07), with its registered office at 1 Hartdene House, Bagshot, Surrey, GU19 5AT, UK
For any question, you can contact SKOOT at [email protected].
Version dated 17 March 2020
The Hara Giveaway Terms and Conditions