Terms and Conditions
“Account” means Trips offered on credit to a Client who shall be invoiced monthly on the basis of the balance on the said account
“Account Number” means a unique account number assigned to each Account
“Account Code” “means a unique confidential number used to prove the use of the Account is authorised.
“Airport” means a Malta International Airport.
“Booking” means a booking made by a Customer/Passenger for Services via any of our booking channels.
“Charges” means the charges we communicate to you when you request a Trip.
“Contract” an agreement between eCabs and the Client/Passenger which includes the Travel Conditions once a booking request is accepted by us.
“Custom” “Client” “You” means a person(s), company or entity requesting or making use of Transportation Services via any of eCabs’ channels.
“Data Protection Legislation” means The General Data Protection Regulation (GDPR) 2018 and previously in accordance with the provisions of the Data Protection Act as contained in Chapter 440 of the Laws of Malta
“Drop-off” means the location of arrival for the Passenger/s indicated to us by the Customer when requesting a trip
“Driver” means any person who drives a Vehicle on behalf of the eCabs.
“eCabs” “We” “Our” “Us” means eCabs Operators Company Limited (C63326)
“Minors” means any person under the age of 16.
“Non-Account Booking” means any booking which is not linked to or made on Account.
“Passenger(s)” means any Customer and any other person authorised by the Customer making use of our Services.
“Pick-Up” means the address stated by the Customer at the time of making the Booking as the address from which the Vehicle shall collect the Customer, any Passengers.
“Services” means Transportation Services.
“Travel Conditions” means these terms and conditions, which may be updated and amended from time to time.
“Waiting Time Charge” means the time spent by the Driver waiting for the Customer to board the Vehicle at the Pick-Up Location.
“Tag” means Driver Permit Tag issued by Transport Malta authorising drivers to carry out Transportation Services
“Transportation Services” means Chauffeur Driven Services and Passenger Transport Services in terms of the Motor Vehicles Regulations (Subsidiary Legislation 65.11 of the Laws of Malta) and the Passenger Transport Services Regulations (subsidiary legislation 499.56 of the Laws of Malta).
“Trip” means a Service offered by us taking Passenger/s from their Pick-Up point to their Drop-Off point.
“Vehicle” means a Vehicle licensed and insured used to carry out Transportation Services offered by eCabs to the Customer.
Any booking made via telephone, eCabs application, walk-in, email, website or via any other of eCab’s booking channels, shall be deemed to be a non-Account booking unless the customer has an account with us and indicates that such service is to be charged to its account. We reserve the right to verify with the Customer, whether the actual passenger is in fact authorised to make use of the Customer’s account.
Any non-Account booking must be paid on a trip per trip basis and no credit terms will be afforded to any Customer who isn’t an Account holder.
Prior to making any Account Booking, the Customer must first open an Account with eCabs. The Customer must keep its Account Number and Account Code confidential.
When making any Account Booking, the Customer must cite its Customer Account Name and/or Account Code. If the Customer fails to do so, we shall not be obliged to perform the Booking and may, at our discretion, treat the Booking as a Non-Account Booking.
We shall be entitled to treat any Account Booking made quoting the Customer Account Number and Account Code as duly authorised by the Customer and the Customer shall be liable in respect of all Charges relating thereto. Account holders shall be invoiced on a monthly basis for the Services carried out in the previous month which invoice shall contain a detailed statement. We reserve the right to charge eight (8%) per year on balances past the due date for payment indicated on the invoice.
We may request a deposit to be paid on the opening of an Account which sum we shall be entitled to set-off any amount owed to Us, not paid by invoice due date. This shall not prejudice our right to recoup any further sum owed to Us.
All bookings are approved by Us. Our Drivers do not approve any bookings as they are not a party to the Contract. Our Drivers may refuse a Trip approved by Us for reasons stipulated in these Travel Conditions.
We may decline a Booking without giving a reason.
At booking stage, the Customer 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 Customer makes no changes to the booking. Extra Stops shall be €3 per stop in the same zone. In different zones charges shall be established by our dispatch office. We may (but We are not required to) obtain consent from the Customer for such amendment prior to agreeing the amending instructions.
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 ten (10) minutes shall be afforded to the Customer to board the Vehicle, in which case the waiting time shall be waived. Should the Customer board the Vehicle after the expiration of the grace period, such period shall no longer be available to the Customer to benefit from and We may charge the full Waiting Time.
Flight Arrivals – Grace Period of thirty (30) minutes applies after flight lands. The official landing time shall be that provided by Malta International Airport website.
Ferry Arrivals – Grace Period of thirty (30) minutes applies after ferry berths. The official arrival time shall be that provided by Virtu Ferries Ltd.
Industry norms dictate that departing passengers should be at the airport two (2) hours before the flight departs. eCabs recommends airport pick-ups to be booked two and a half (2.5) hours before the flight departs, giving Us a minimum of a one (1) hours’ time window to get you to the airport. The aforesaid should be strictly adhered to especially if weather conditions are not favourable. eCabs will not shoulder responsibility for missed flights unless pick-ups have been booked two and a half (2.5) hours before a flight departs and Customer misses a flight for reasons which may be imputable to Us.
For Ferry departures, passengers are required to be at the port for boarding at least one (1) hour before. eCabs will not shoulder responsibility for missed trips unless pick-ups have been booked two (2) hours before a ferry departs and Customer misses a flight for reasons which may be imputable to Us.
We reserve the right to charge the Customer a surcharge for all journeys made during the festive season or on any date which We deem to be particularly busy. Such surcharge will be communicated to the person making the relevant Booking.
Group Bookings: Unless We are advised beforehand, the full agreed price applies should the number of passengers be reduced.
Customers shall receive a full refund should the cancellation occur prior to Our driver being dispatched. It shall remain at Our discretion whether to issue a refund at all.
Our Obligations and Authorities.
We are in possession of a Public Service Garage Licence and Operators Licence required by Maltese Law to advertise and carry out Transportation Services.
We shall provide a Vehicle which is clean, in good working order insured to an appropriate extent against injury to passengers and damage to their property.
All Our Drivers have the necessary qualifications including a Tag issued by Transport Malta. We carry an internal screening, conduct interviews and provide training when necessary before allowing a Driver to carry out Our Services.
We will not allow unaccompanied Minors to travel alone in a Vehicle. Subject to the parent/guardian’s consent we may allow Minors to travel unaccompanied. When making a Booking for any unaccompanied Minor the Customer must inform Us that an unaccompanied Minor will be travelling. We do not accept any additional responsibility for any Minor who travels unaccompanied in a Vehicle.
We allow Passengers to carry domestic animals with them provided We are informed at the time of the booking by the Passenger / Customer. If We are not informed, We reserve the right to refuse the Trip without liability.
We may provide a car seat for children which must be requested at the time of booking. We shall not allow any child who should be in a car seat in Our Vehicle, if a car seat was not requested. If a car seat is requested and provided, the mounting and placing of such child is the sole responsibility of the Client or Passenger.
We reserve the right to decline a trip where We deem the Passenger to be intoxicated, behaving inappropriately or causing nuisance, the determination of which shall be at Our sole discretion. We may also decline Our Service, if We deem a Customer or Passenger to be in breach of these Travel Conditions.
We may charge fifty euro €50 for cleaning charges where a spillage occurs, or when a Passenger vomits in Our Vehicle. In serious cases such charge can be up to one hundred euro €100. This is without prejudice to Our claim against a Passenger for any damage caused to any of Our Vehicles.
We are not responsible for any Passenger items or property left in a Vehicle. Such items will be left at one of Our premises for five (5) days, after which they shall be disposed of as We deem fit. We may but are not obliged to contact you, if We believe an item belongs to you.
Passengers Obligations and Authorities.
1. Passenger shall be obliged:
a) to follow all reasonable indications or instructions by the Driver, such as sitting in the indicated seat;
b) to wear the seatbelt at all times. Any fine or claim for damages incurred for non-observance by Passenger may be recovered from Passenger.
c) to pay for the trip when such trip hasn’t been pre-paid or is a non-account booking. Payment by Passenger/Client shall be in cash in Euro including generally recognized forms of electronic payment, unless agreed otherwise. We shall be entitled to require cash payments by Passenger/Client to be made in the exact amount.
d) When the Passenger opts to open the door, he shall ensure that he does this in a manner not to injure anyone or hinder traffic.
2. In the Car, Passenger shall be obliged to refrain from:
a) damaging and/or soiling the Vehicle
b) smoking (including electronic cigarettes) in the Vehicle
c) consuming alcoholic drinks
d) transporting and/or using drugs or narcotics
e) aggression, fighting, harassing, threatening, or any other improper behaviour towards the Driver and/or others
f) hindering in any form whatsoever the Driver the performance of his task.
Contractual Relationship and Liability.
When a Booking is accepted by Us through any of Our channels, a transport agreement is created between the Customer and eCabs. This agreement shall have the full effects of a Contract, the terms of these Travel Conditions forming part of such Contract. Such channels shall include Our mobile application which brings Customers to contract directly with Us. Our mobile application does not serve as a platform for third parties providing Transportation Services.
Any estimated timeframes indicated by Us are to be treated as estimates as We shall not be held liable for breach of Contract, if such estimated are not met.
The Customer shall be liable for any damage caused by Passengers to any Vehicle.
Without prejudice to the following clauses, We cannot be held liable for any loss or injury or death sustained by a Client or Passenger unless such loss, injury or death has been caused directly by Us acting negligently or in a manner that could have been avoided. In any other case relating to the provision of Our Services, Our liability shall not exceed three times the price of the trip and shall in no situation exceed one hundred twenty euro €120. We deem such figure to be relative to Our charges.
Should We not be able to carry out Our Services due to force majeure, Our obligations shall be suspended until such force major subsists.
We shall be liable for damages caused by full or partial loss or damage to luggage, insofar as this loss or this damage occurs during transportation and is caused by an accident occurring to Passenger which is imputable to Us or by a situation which could have reasonably been avoided, or the consequences of which We could have prevented. We shall not be liable to the Customer for any loss or damage to property arising in the course of delivering, loading or unloading of Passenger’s luggage or personal effects.
Any claim must be communicated to Us within fifteen (15) days from the event giving rise to such claim.
Compensation for damages which may be payable by Us in the case of loss or damage to luggage is limited to one hundred twenty euro €120 unless We were informed prior of a luggage or its content being of a particularly high value and accepted to transport such luggage. We deem such figure to be relative to Our charges. In such case We shall be responsible for a greater value only if this is agreed in writing and We reserve the right to add a surcharge for such trip.
We shall not be held responsible if We fail to perform Our contractual obligations if this was due to circumstance deemed to be beyond Our control. In no scenario shall We be liable for any direct or indirect losses including loss of business, income, goodwill or any other loss.
The Customer or Passenger shall be liable for any damages suffered by us caused by negligence or non-observance of regulations or any other reason attributable to such Customer or Passenger.
We shall not entertain any complaints received after fifteen (15) days from the incident giving rise to the complaint or after fifteen (15) days when the complainant became aware of the incident giving rise to the complaint.
We may engage third parties to carry out the Services which We were contractually engaged to provide.
Nullity of one of the provisions or paragraphs thereof in these Travel Conditions 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.
We reserve the right to amend these Travel Conditions, the notice of which shall be communicated to you electronically.
These Travel Conditions are publicly available on Our website. If requested these Travel Conditions shall be made available to you.
These Travel Conditions shall be governed by and construed in accordance with the Law of Malta and the Maltese Courts shall have exclusive jurisdiction over any dispute.
1. What information does eCabs collect from you?
When a booking is confirmed details are recorded securely on the eCabs booking system which hosted by a third party. This data is held on the eCabs server which is hosted by a third-party (“eCabs Server).
For the purposes of data collection as per preceding clause above, the term booking shall be interpreted in its widest sense and shall include any inquiry made through email or website, any complaint or feedback from any channel and any application for a loyalty card or opening an account.
eCabs may collect and process data about you, which data is collected from our various data capture channels as outlined below:
2. Booking /Enquiry/Feedback by Phone
Customers may contact eCabs by phone for multiple reasons including inquiring or booking a cab, leaving feedback or registering a complaint. In order to process such communication eCabs may record such telephone call.
eCabs may record names and surnames, pick up address, date and time, destination and telephone/mobile numbers and any other information necessary for the carrying out of the service being offered.
3. Booking /Enquiry/Feedback in person at Booking Offices
Customers may visit one of eCabs’ booking offices for multiple reasons including inquiring or booking a cab, leaving feedback or registering a complaint. In order to process such request or feedback eCabs may store the data provided by the customer which consists of names and surnames, pick up address, date and time, destination and telephone/mobile numbers and any other information necessary for the carrying out of the service being offered.
4. Booking /Enquiry/Feedback/Account Application by Electronic-mail
Customers may contact eCabs by electronic mail for multiple reasons including inquiring or booking a cab, leaving feedback or registering a complaint, opening an account or to settle payment, or for any other matter, be it general or specific. In order to satisfy the customer’s request eCabs may request names and surnames, pick up address, date and time, destination and telephone/mobile numbers and any other information necessary for the carrying out of the service being offered.
As part of the process the customer is automatically opting in to e-mail communication as part of the service it is requesting or inquiring about. eCabs shall keep a record of all correspondence.
eCabs may also request additional consent for the customer to ‘Opt In’ for marketing purposes which is explained to the customer.
5. Booking /Enquiry/Feedback/Loyalty Card by Website
Customers may submit bookings or enquiries for eCabs’ services through the website www.ecabs.com.mt by inputting and sending personal data. Customers may also send feedback or apply for an eCabs Loyalty Card. Such data consists of names and surnames, pick up address, date and time, destination and telephone/mobile numbers and any other information necessary for the carrying out of the service being offered. eCabs shall keep a record of all correspondence.
eCabs may also request additional consent for the customer to ‘Opt In’ for marketing purposes which is explained to the customer.
To opt out of being tracked by Google Analytics across all websites visit: http://tools.google.com/dlpage/gaoptout.
When someone visits our website, eCabs may collect standard internet log information and details of visitor behaviour patterns. eCabs do this to find out things such as the number of visitors to the various parts of the site. eCabs collect this information in a way which does not identify anyone.
eCabs do not make any attempt to find out the identities of those visiting our website using the data in the logs. eCabs will not associate any log data gathered from our sites with any personally identifying information from any source.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
6. Downloading and using the eCabs Mobile Application (App)
Customers can book eCabs services by downloading and installing an Android (Google) or Apple based mobile App. and registering their personal details.
By downloading, installing and registering with the App., the customer “Opts-In” to receiving “Automated” real-time text notifications which notifications shall include the status of the booked cab using your mobile number and other notifications relating the eCabs services. The customer is also consenting to eCabs receiving personal information when the App is used, and this information is stored securely on the eCabs server. Such information includes contact details such as name, surname, email address, phone number.
7. IP ADDRESSES AND DEVICE INFORMATION
eCabs may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
eCabs may collect information about your mobile telephone or handheld device (“Device”) or any computer you may use to download or stream a copy of our app onto your Device, including, where available the Device’s or Computer’s unique Devise identifiers, operating system, browser type and mobile network information as well as the Device’s telephone number, for system administration.
When you use one of eCabs’ location-enabled services, we may collect and process information about your actual location. Some of our services require your personal data for the feature to work. If you wish to use a particular feature, you will be asked to consent to your data being used for this purpose. Your consent can be withdrawn at any time by switching off the location-based services on your Device. If you require further details of how we use location-based services, you can request such information by contacting our Data Controlling Officer on [email protected].
8. WHERE eCABS STORES YOUR PERSONAL DATA
The data that we collect from you may be stored on the eCabs servers situated inside the European Economic Area (EEA). Where necessary it may be transferred to third parties for processing in line with our agreements with such third parties. We require all third parties to whom we disclose personal data to enter into a contract with us which includes stringent confidentiality obligations.
9. USES MADE OF THE INFORMATION
eCabs use information held about you in the following ways:
- to carry out our obligations arising from any bookings that you have made with us.
- to share such information with third party fulfilment companies for the purposes of fulfilling a booking requested by you which is not being carried out by us.
- to ensure that content from our site and our app is presented in the most effective manner for you and for your computer.
- to provide you with information, products or services that you request from us or which we feel may interest you, where (if required to do so) you have consented to be contacted for such purposes.
- to allow you to participate in interactive features of our service, when you choose to do so. and
- to notify you about changes to our service.
If you are an existing customer of ours, eCabs will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which eCabs have previously supplied to you.
If you are a new customer, eCabs will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, please let eCabs know by our Data Controlling Officer on [email protected].
eCabs may also use and analyse the aggregate (collective data that relates to a group or category of services or customers, from which individual customer identities or characteristics have been removed) information collected through the analytics provision so that eCabs can administer, support, improve and develop their business.
10. RETENTION PERIOD FOR PERSONAL DATA
eCabs retain personal data in the eCabs server for the following periods:
In order to determine the retention period of your personal data, we consider several criteria so that your personal data is not kept for longer than necessary. Such criteria include but are not limited to the
- the reason we hold your personal data.
- statutory obligations including the Laws of Malta and Transport Malta Regulations. We also adhere to any financial reporting obligations.
- whether we deem you to be a regular client which classifications is based on the services you request from us, whether you have chosen to receive our marketing communications and whether you have out App installed.
- whether you are no longer actively participating or engaging with us and whether you have requested eCabs to delete or alter your data; and
- our legitimate business interests in relation to managing our own rights, for example the defence of any claims.
We will retain your information as follows:
- your customer profile and account information (including your technical usage data), for 7 years after you last use our services.
- if you contact us via email we will keep your data for 5 years.
- records of bookings, lost property and complaints for a minimum of 12 months or as per statutory requirements.
11. DISCLOSURE OF YOUR INFORMATION
eCabs may disclose your personal information to any member of our group or related company
eCabs may disclose your personal information to third parties:
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- if eCabs or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets. or
- if eCabs is under a duty to disclose or share your personal data in order to comply with any legal obligation, process or request or in order to enforce or apply our terms and conditions of supply and/or any other agreements; or to protect the rights, property, or safety of eCabs, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
12. YOUR RIGHTS
You have the right to ask us not to process your personal data for marketing purposes. eCabs will usually inform you (before collecting your data) if we intend to use your data for such purposes.
You may at any time to withdraw your consent to receive marketing communications from us by using the ‘unsubscribe’ button at the bottom of one of our marketing emails.
You have the right to update and correct the personal information we hold about you. You also have the right to request from us all personal information that we hold that relates to you, to request restriction of the processing of that data and to request that we delete that data or object to continued processing where it is excessive or no longer required for the purpose for which it was collected.
Where allowed by applicable law there may be an administrative charge for supply of copies of data and we may also require you to provide us with appropriate identification before we comply with this request. You may also have the right to data portability.
You can exercise any of your rights by contacting our Data Controlling Officer on [email protected].
Directors & Managers specified by the Directors are the only other members of staff to have access to Operational Data other than in the direct course of the booking.
eCabs use CCTV in our booking offices to record the general public purely for the purposes of security & safety of our operational staff and as a deterrent and prevention to crime and criminal activity.
eCabs may attach dash cameras to their vehicles, however such cameras shall never take footage of inside the vehicles.
The CCTV recordings are stored on a ‘Cloud’ system and accessible only by the Directors.
Anyone can ask to see images of recordings taken of them. Any request should be addressed to the Data Controlling Officer on [email protected].