General Terms and Conditions
Customer Portal
Preamble
These General Terms and Conditions (hereinafter referred to as GTC) regulate the use of the ATS customer portal between ATS-Airport Transfer GenmbH (hereinafter referred to as "ATS"), Vienna Airport, Objekt 115 00 B5728, A-1300 Flughafen Wien-Schwechat and the user of the customer portal. After successful registration and confirmation of the GTC, the user has the right to use the services offered on the customer portal. By accepting the contract, the user accepts these GTC and confirms the accuracy of the data provided.
1. Subject of the Contract
Customer Portal – Taxi Ride Mediation
1.1. ATS provides the customer portal to the user free of charge. The application enables the user to place taxi orders in real-time or make advance bookings directly via the provided software. The user has the option to be connected to the spatially nearest taxi vehicles. The user must be registered within an individual customer account to use the customer portal.
1.2. The user concludes a mediation contract with ATS for the mediation of the taxi service. It is noted that the transport contract is exclusively concluded between the affiliated taxi operator and the user. Claims arising from the passenger transport mediated via the customer portal therefore only exist between the taxi operator and the user.
1.3. The calculation of the fare is based on the applicable Vienna taxi tariff. Surcharges are calculated according to § 5 para 2 of the Vienna taxi tariff.
1.4. Furthermore, the user has the option to order taxi vouchers and to request approximate prices for taxi rides.
2. Contract Duration and Termination
2.1. The contract for the use of the customer portal and the offered service and mediation services comes into effect on the date of acceptance of the GTC by the user and is concluded for an indefinite period. The contract can be terminated at any time without giving reasons by both parties in written form (email sufficient). Any obligations justified up to this point remain in effect despite deletion and can be demanded by ATS.
2.2. The settlement of the ride can be made either in cash, by credit card or by invoice.
2.3. Any liabilities towards third parties, for the taxi operators or the taxi drivers, are not assumed by ATS.
3. Duty of Care
3.1. The user undertakes to provide truthful data (name, email address, telephone number). The user must refrain from any procedures that could lead to impairment or overload of the customer portal.
3.2. The user undertakes to take all reasonable precautions to protect the access data from unauthorized access by third parties. The disclosure of access data to third parties is prohibited for the user.
3.3. The customer undertakes to immediately inform ATS at the email address: office@ats-vie.at upon becoming aware of the loss or theft or suspicion of misuse.
4. Data Protection
4.1. Personal data is all information on the basis of which a person can be identified directly or indirectly, e.g. name, residential address, email address, date of birth, profession, bank account details, etc..
4.2. In the case of registration in the customer portal, ATS collects and processes the personal data provided by the customer and uses this for the purpose of contract processing.
4.3. The customer can exercise his rights contained in the GDPR, DSG at any time. For more details, please refer to the data protection notice.
5. Liability
5.1. ATS assumes no liability for damages that arise from or during the execution of the transport service.
5.2. The user has the obligation to ensure sufficient coverage of the bank account for payments via direct debit. If the bank account does not have sufficient coverage during a debit attempt by ATS, the user must bear the costs arising from insufficient coverage (in particular those of the return debit).
5.3. ATS assumes no liability for the processing of cashless payments, in particular for credit card charges or payment processing via PayPal. In the event of incorrect or erroneous bookings as well as disruptions in the payment process, the user must contact the payment service provider directly.
5.4. A guarantee for uninterrupted availability of the customer portal and the functions contained therein cannot be given. However, ATS strives for high reliability of the system.
6. Costs
6.1. The use of the services of the customer portal is free of charge for the user. However, the user must bear the costs for the end device, ensure the provision of a stable internet connection and bear these costs.
7. Supplementary Provisions
7.1. These GTC are subject exclusively to the law of the Republic of Austria to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
7.2. The place of jurisdiction for all legal disputes arising from the GTC or in connection with them is Vienna.
7.3. All changes and additions to these GTC require written form.
7.4. Should any provision of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision is to be replaced by a valid provision.
7.5. ATS reserves the right to change, improve, temporarily suspend the customer portal in a manner reasonable for the user or to no longer offer the services provided. The user is not entitled to claims for constant or uninterrupted availability of the application. ATS has no influence on the actual availability of the mediated taxis and cannot assume any liability for this.
Vienna, May 2018