Terms and conditions applicable to use of the Black City Cars platform (including the Black City Cars app) and to the services provided by service providers (Black city Cars T&C).
These Terms and Conditions (“Black City Cars T&C) of Black City Cars (“Black City Cars”) govern (i) the access and use of the website www.blackcitycars.com the mobile application Black City Cars (“Black City Cars app”) and other content, websites, applications, products and services made available or supplied by Black City Cars (in the following jointly referred to as “Platform”), the (ii) arrangement of agreements on driver, mobility, and logistics services (“Services“) with Service providers (“Service Providers”) through the Platform or associated applications, by phone or email, and (iii) the content of the arranged agreements. Associated applications are applications, websites and systems operated by third parties (“Third Party Application Operators”) cooperating with Black City Cars, via which Black City Cars or Third Party Application Operators arrange agreements on Services (“Associated Applications”).
Black City Cars arranges agreements on Services (“Service Agreements”) which are concluded between users, Black City Cars and other Service Providers.
“Users” in terms of these T&C are individuals and legal entities who use the Platform, with or without having registered with Black City Cars for the use of the Services or the Platform. Registration and the conclusion of Service Agreements via the Platform is only possible for individuals which are not limited in their legal capacity, legal entities and partnerships. The registration of, and the conclusion of a Service Agreement via the Platform for or by, a legal entity or a partnership may only be made by an individual with power of attorney, who shall be identified by name.
Service Providers can be Service Providers registered (i) with Black City Cars for the use of the Platform (“Platform Service Providers”), or (ii) with a transportation network company (“TNC”) with which Black City Cars cooperates to arrange Service Agreements (“TNC Service Provider”). TNCs operate own networks allowing users to arrange transportation contracts with Service Providers registered with TNCs (“TNC Networks”). TNC Service Providers operate in accordance with the rules of the TNC Network. Black City Cars indicates during the booking process whether a Service selected by the User is to be provided by Black City Cars, a Platform Service Provider or a TNC Service Provider.
Services include one-way transfers (a transfer from a defined starting point to a defined destination or a transfer from a defined starting point without defined destination) and hourly bookings (the provision of a vehicle with a driver for a certain time period).
By accessing, registering for or using the Platform, or concluding agreements arranged by Black City Cars via Associated Applications, the User accepts the application of these T&C. Therefore, please read these T&Cs carefully before accessing, registering for, or using the Platform or concluding agreements via Associated Applications. If a Service is to be provided by a TNC Service Provider, the User may have to also accept the terms and conditions of the TNC.
Black City Cars reserves the right to make modifications of these T&C which do not affect this Section I 7 and Black City Cars main performance obligations and are not equivalent to the conclusion of a new contract. Such modifications will be posted at www.blackcitycars.com/terms-and-conditions/ The modifications will only form part of the agreement once the User has accepted these modifications. It is sufficient for this purpose, if Black City Cars informs the User of the new version of the T&C using the e-mail which has been provided by the User for notification purposes. In case the User does not object to the modifications of the T&C within four weeks, the acceptance shall be deemed as granted. As part of the e-mail, which is used to communicate the new version of the T&C, Black City Cars will inform the User about the possibility to object to the modification and regarding the meaning of the four-week-deadline.
Terms and Conditions of the User are not applicable, even if Black City Cars does not explicitly object to their inclusion.
The language of the agreement is English.
The current version of the T&C shall always be displayed, and Users are also authorized to print or save electronic copies.
Black City Cars and Service Providers collect and store the personal data which is necessary to process the business transactions. They observe the legal requirements during the processing of the personal data. The Black City Cars privacy policy can be found under www.staging.blackcitycars/privacy-policy/
Registration for the Platform is voluntary and free of charge. Guest bookings are possible on the Platform. To complete the registration process, the User is required to provide certain details (e.g., first and last name, email). If the User requests registration online, the contract details are displayed for the User for confirmation prior to sending the registration request and the User can always correct their details up until sending the request for registration. Black City Cars reserves the right to accept or reject a request for registration and there shall be no claims to registration. The contract regarding the registration to the Platform becomes valid only if Black City Cars accepts the request. In that case, Black City Cars will inform the User via e-mail to the e-mail address provided by the User and generate a user account for the User. The confirmation of the registration will be stored by Black City Cars, however, it will not be visible and accessible anymore to the User through the Platform.
The User is obliged to maintain accurate, up-to-date, and complete details in their account. Failure to keep accurate, up-to-date, and complete account details may result in the User’s inability to access and use Services or Black City Cars termination of this Agreement with the User.
The User is required to keep his password secret. S/He is not entitled to allow third parties to use his or her user account. As soon as the User is aware or has reason to believe that a third party is accessing his/her login details or otherwise gained or may gain access to his/her user account, s/he is obliged to notify Black City Cars about this fact immediately. Black City Cars is then entitled to block the User account until clarification of the issue.
The User is liable to Black City Cars for all actions, which are carried out using User’s account, unless the User is not responsible for such misuse.
The registration is for an indefinite duration. The User can deregister at any time without prior notice by declaring in written form by mail or hand delivery to: Black City Cars, 1009 Rue Saint-Ferdinand, Montréal, QC, H4C 2T5, Canada, or by email from the email address associated with the User account to: [email protected]. Black City Cars can also deregister a User at any time without prior notice by communicating by email to the email address associated with the User account.
Black City Cars enables Users to agree on and schedule Services with Black City Cars and Service Providers via the Platform or Associate Applications. Black City Cars arranges Service Agreements which are concluded between the User, Black City Cars and the Service Provider (including Black City Cars or a TNC contracting as a Service Provider) directly. Thus, Users are entitled to file claims against Service Providers directly. The User acknowledges that Black City Cars serves as an intermediate or broker and also as a service provider in Montréal. The User shall have no claim to the formation or arrangement of Service Agreements.
First, the User indicates the desired Service (e.g., one-way or hourly booking) and fills in the booking screen of the Platform or an Associated Application. If the User books via the Platform, the fee or an estimated fee for the Service will then be displayed for each available booking class. An estimated fee will be displayed if the fee is calculated based on individual factors, such as time and distance (e.g. in accordance with TNC T&Cs or applicable regulation in case the Service is to be provided by a taxi company). The User then chooses a booking class and confirms his/her payment method, the associated billing details, and contact information supporting the provision of Services. The User can review and correct the details of his/her Service request (“Booking Request”) before submitting the Booking Request by clicking the button “BOOK NOW & PAY” (or a button with a similar indication). If the User books via an Associated Application, the booking process implemented and described by this Associated Application applies. When a User chooses a Service to be arranged via a TNC Network and provided by a TNC Service Provider, an (additional) agreement between the User and the TNC operating the TNC Network is concluded; this additional agreement is governed by the terms and conditions of the TNC (“TNC T&C”), except if these Black City Cars T&C provide that certain stipulations of the TNC T&C shall not apply (e.g. regarding payment and invoicing). The applicable TNC T&C (or a link to them) will be displayed during the booking process, and need to be accepted by the User.
Service Agreements between the User and Service Providers are concluded through the Platform as follows:
2.2.1. Formation of Service Agreement with a Platform Service Provider. When a User submits a Booking Request whether via the Platform, by phone or by email, or via an Associated Application to Black City Cars for Services to be provided by a Platform Service Provider, the User makes an offer for the conclusion of a Service Agreement with a Service Provider. Upon receiving a Booking Request, Black City Cars or, when a booking is made via an Associated Application, Black City Cars or the Third Party Application Operator sends to the User an email to confirm the receipt of the Booking Request, including the details that were received. The Service Agreement between the User and the Service Provider only comes into effect upon Black City Cars or the Third Party Application Operator’s submission of a separate statement (“Ride Details”) by email shortly before the ride, stating the name and contact details of the selected Service Provider. In addition to these Black City Cars T&C, the Booking Conditions applicable at the time of booking shall apply to Service Agreements.
2.2.2. Formation of Service Agreement with a TNC Service Provider. When a User submits a Booking Request whether via the Platform, by phone or by email, or via an Associated Application to Black City Cars for Services to be provided by a TNC Service Provider, the further conditions for the conclusion of a Service Agreement are stipulated in the TNC T&C of the TNC with which the TNC Service Provider is registered. Upon receiving a Booking Request, Black City Cars or a Third Party Application Operator sends to the User an email, app notification, text message or message on the Platform (e.g., under “ride details”) to confirm the receipt of the Booking Request, including the details that were received. Black City Cars or the Third Party Application Operator provides to the User further messages and information in accordance with the processes used by the TNC (e.g. driver name, vehicle license plate, make and model).
2.2.3 Rejection of Booking Requests or arrangement of Service Recovery. If Black City Cars cannot arrange a Service Agreement to fulfil the Booking Request, Black City Cars will inform the User by email, app notification, text message or message on the Platform (e.g., under “ride details”), or a Third Party Application Operator will inform the User that the Booking Request cannot be fulfilled. Where a User has booked a Service to be performed by a Platform Service Provider and such Platform Service Provider is not available, Black City Cars may arrange another Service Provider, including a taxi, to provide the Service; in this event, the fee may be higher than the fee or an estimated fee provided during the booking process.
2.2.4 Accuracy of details. The User is obliged to provide accurate, up-to-date, and complete details, and immediately inform Black City Cars of any change. Failure to comply with this requirement may result in the User’s inability to use Services or a termination of a Service Agreement.
The booking conditions vary, depending on the booking class. For Service Agreements with Platform Service Providers, except taxi companies, the Booking Conditions which can be viewed at www.blackcitycars/booking-conditions/ apply. For Service Agreements with TNC Service Providers, the booking conditions applying for the respective TNC Network apply. For Service Agreements with taxi companies the local laws and regulations for taxi services apply.
The User may cancel Service Agreements free of charge or with costs according to the conditions which apply to the respective booking class and Service Agreement. The Booking Conditions applying to Service Agreements concluded by the User with Platform Service Providers, except for taxi companies, via the Platform are accessible at: www.blackcitycars/bookingconditions, Service Agreements with taxi companies can be cancelled in accordance with local laws and regulations. The cancellation conditions applying to Service Agreements concluded with TNC Service Providers via the Platform are stipulated in the applicable TNC T&C. For Service Agreements concluded via Associated Applications, the booking conditions made available by the Third Party Application Operator or Black City Cars on the Associated Application apply.
To warrant a smooth and save transaction, all cancellation requests must be made (i) through the website blackcitycars.com, or the Black City Cars app regarding bookings made via the Platform and (ii) through the Associated Application regarding bookings made via such Associated Application. Cancellations are not possible by a phone call. Black City Cars or Third Party Application Operators will confirm valid cancellations to the User by e-mail.
All fees agreed upon in Service Agreements become due immediately upon full provision of the contractual Services (usually at the end of the ride), and include possible charges and the statutory tax, if applicable. Unless agreed otherwise, the fee for one-way bookings applies to the agreed journey without stopovers and without detours. In case of bookings subject to fixed fees, the User must still pay the agreed amount of the fee if the passenger ends the journey early or shortens it.
The Service Provider is entitled to assign the claims for fees agreed upon in Service Agreements, in particular to Black City Cars, and does assign such claims with effect from the due date. Whenever the User or passenger choses to pay via a centralized corporate payment solution, Black City Cars reassigns a claim for fees acquired by Black City Cars to the provider of the centralized corporate payment solution selected.
For Service Agreements concluded via the Platform, by phone or by email to Black City Cars, Black City Cars will send or have sent by e-mail or make available via the Platform to the User, a ride summary, an invoice and/or a receipt of the fees of, or made on behalf of, either the Service Provider or a TNC, depending on the territory in which the Service is provided and the Service Provider selected. In case the User receives no invoice from Black City Cars, a provider of the centralized corporate payment solution, the Service Provider or a TNC, and the User needs an invoice, the User may contact the Black City Cars hotline. If a Service Agreement is arranged by a TNC, deviating payment provisions stipulated in TNC T&C do not apply. For Service Agreements concluded via an Associated Application, the Third Party Application Operator will provide to the User an invoice and/or a receipt of the fees in accordance with conditions agreed via the Associated Application.
The fee shall be paid using the payment method chosen by the User during the booking process. If Services are booked via the Platform, by phone with or by email to Black City Cars, and payments shall be made upon invoice the fee is payable within 10 days after notification of the invoice (this does not apply to payments via a centralized corporate payment solution). If Services are booked via Associated Applications, the fees shall be payable in accordance with conditions agreed via the Associated Application.
In the event of credit card chargebacks, Black City Cars may, on behalf of the Service Provider or TNC, solely for the purpose of collecting receivables, use collection service providers for the collection of receivables and services of third parties to inquire the address of the Customer.
Legally binding statements can be delivered to the User using the e-mail address stored in the account or provided by the User during the booking process.
Black City Cars is entitled to completely or partially assign all rights and obligations derived from the contractual relationship between the User and Black City Cars to a third party giving 4 weeks prior notice; in this case the User may terminate the contractual relationship for good cause.
If events or circumstances outside Black City Cars or a Service Provider’s sphere of influence (force majeure) make the performance of their respective contractual obligations impossible, Black City Cars or the Service Provider, whoever is affected, shall be relieved from their obligation to perform. In particular, the disruption or outage of the internet or other networks, telecommunications connections, power supply or other infrastructures as well as disruptions or defaults produced by providers or suppliers as well as severe weather are considered force majeure.
The contractual relationship between the User and Black City Cars, and Service Agreements with Platform Service Provider shall each be governed exclusively by the substantive law of the Canadian provincial Government of Québec. If the User is a consumer and is usually resident in another country at the time of registration, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1. Agreements concluded between the Users and TNCs, and agreements between Users and TNC Service Providers are governed by the law which is stipulated in the TNC T&C.
For those Users, who are registered business people, the agreed venue for all legal disputes which may arise in relation with this agreement and the individual agreements shall be Montréal.
The Canadian provincial Government of Québec has set up a platform for the extrajudicial online settlement of consumer disputes. Black City Cars will not participate in a dispute resolution procedure before a consumer arbitration board and is not obliged to do so.
The contact details of Black City Cars are as follows:
Black City Cars
1009 Rue Saint-Ferdinand,
Montréal, QC H4C 2T5
Canada
Company Business Number, NEQ: 2273262800
Court acting as Company Register: Local Commercial Court of Montréal
E-Mail: [email protected]
Phone: (+1) 514 762-3512 (+1) 855 512-3512
