Terms and Conditions for Passengers
These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the Trotte app – technology which connects passengers with drivers to help them move around cities more efficiently.
The term “us” or “we” refers to the owner of the Trotte app, Trotte Ltd, a private limited company, founded in the Republic of Burundi (Company Registration Number NIF: 4001232562. RC.16345/19 whose place of business is at Karo House. Boulevard de l’Indépendance, Bujumbura, Burundi.
In order to use the Trotte app you must agree to the terms and conditions that are set out below:
- Using the Trotte app
1.1 Trotte provides an information society service and does not provide transport services. Transport services are provided by drivers under a contract (with you) for the carriage of passengers. Drivers provide transport services on an independent basis (either in person or via a company) as economic and professional service providers. Disputes arising from consumer rights, legal obligations or from the law applicable to the provision of transport services will be resolved between the passengers and drivers. Data regarding the drivers and their transport service is available in the Trotte app and receipts for journeys are sent to the email address listed in passenger’s profile and in Trotte Customer Profile.
1.2 When using the Trotte app, you can choose whether to pay the driver for the transport service or use Trotte in-App Payment. Payments for Trotte Business rides are handled by a separate agreement for Business journeys. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, and airport surcharges or processing fees for split payments.
1.3 During the installation of the Trotte app, the passenger’s mobile number is linked to the respective Trotte user account and added to our database. If you are no longer using your mobile number, you must notify Trotte within 7 days so we can anonymize your account data. If you do not notify us about any change to your number, your mobile operator might pass the same mobile number to the next person and when using the Trotte app, this new person can see your data.
1.4 When using Trotte Boda Boda service, note that putting on a helmet and a reflective vest is a requirement by law and you have an obligation to demand this from the rider before taking the trip, wearing the gear for the entire duration of the trip and returning the gear to the driver upon completion of the trip.
- Promotional Codes
2.1 Trotte may send you promotional codes on a per promotion basis. Promotional code credit can be applied towards payment on completion of a ride or other features or benefits related to the service and/or a Third Party’s service and are subject to any additional terms that are established on a per promotional code basis. The expiration dates of promo codes will be reflected in-app once you have applied the promo code to your account.
2.2 If your trip amount exceeds the redeemable credit allocated to your ride, the balance will be automatically deducted from your accounts payment method. Similarly, a promotional code credit only applies on a per-ride basis and cannot carry over to a next ride/ trip and therefore will be forfeited. Only one promotional code may be applied per trip.
2.3 Trotte reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if Trotte deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.
- Trotte in-App Payment
3.1 You can pay for the transport services with a card, mobile carrier billing, and other payment methods (eg: Trotte Business, etc), which require prior activation in the Trotte app. By providing Trotte in-App Payment service, Trotte acts as a commercial agent for the providers of the transport services. Your obligation to the provider of the transport service will be fulfilled when the payment order is given to transfer funds to Trotte’s bank account. You, as a passenger are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.
3.2 When making payments by Trotte in-App Payment, Trotte receives your payments and forwards the money to the driver. Trotte may ask additional data from you to verify the payment method.
3.3 When making payments by Trotte in-App Payment for transport services, Trotte is not responsible for possible third-party payment costs (mobile operators, bank fees, etc). These service providers may charge you additional fees when processing payments in connection with the Trotte in-App Payment. Trotte is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.
3.4 Trotte will be responsible for the functioning of Trotte in-App Payment and provide support in resolving problems. The resolution of disputes related to Trotte in-App Payment also takes place through us. For payment support service please contact [email protected]
- Ordering and canceling transport services
4.1 If you order a transport service and the driver has agreed to undertake the work then the transport service is considered to be ordered.
4.2 Once a driver confirms that he/she will complete your journey, you will enter into a separate agreement with the driver for the provision of the journey on such terms and conditions as you agree with the driver. Trotte does not provide journeys and is not a party to your agreement with the relevant driver.
4.3 Cancelling the use of ordered transport service is considered to be the situation where the driver has replied to your request and you subsequently reject, cancel or refuse the transport service. When a transport service request is canceled after a certain time period you are required to pay a cancellation fee.
4.4 If you cancel a transport service request on multiple successive instances within 24-hours we may temporarily block your account for warning. After multiple such warnings, we may suspend your account for a longer period (eg: 6 months). After that period you could ask to reactivate your account and your application will be reviewed by Trotte.
4.5 When the driver notifies the passenger about the arrival of the vehicle to its destination and passenger or people for whom the transport was ordered do not arrive at the vehicle within a certain time period as specified in the Trotte app, the request will be deemed canceled. Sometimes a driver may decide to cancel your request, please note that Trotte is not responsible for such situations.
4.6 Once the driver arrives and sends you a notification that he/she has arrived the Trotte app may begin charging fare on a waiting time basis according to the rates specified in the Trotte app.
4.7 If you have requested transport services using the Trotte app and cause damage to the driver’s vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), the driver will have the right to require you to pay a penalty of 50 USD and require compensation for any damages exceeding the penalty. If you do not pay the penalty and/or compensate for the damage, Trotte may pursue the claims on behalf of the provider of the transport service.
- License to use Trotte app
5.1 As long as you comply with these General Terms and Conditions, we agree to grant you a royalty-free, revocable, non-exclusive, and right to access and use the Trotte app in accordance with these General Terms and Conditions, the Privacy Notice and the applicable app-store terms. You may not transfer or sub-license this right to use the Trotte app. In the event that your right to use the Trotte app is canceled, the corresponding non-exclusive license will also be canceled.
6.1 As the Trotte app is an information society service (a means of communication) between passengers and drivers, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of transport services. As the usage of the Trotte app for requesting transport services depends on the behavior of the drivers, Trotte does not guarantee that you will always have offers available for the provision of the transport services.
6.2 The Trotte app does not offer or broker transport services for passengers. It is also not a transport agency service for finding passengers for transport providers. The Trotte app is used as the means for organizing the provision of transport services.
6.3 The consumer’s right to refund is not applied to Trotte app orders. Requesting a refund from the transport service does not withdraw you from the agreement in the course of which the provision of the transport service was ordered.
6.4 The Trotte app is provided on an “as is” and “as available” basis. Trotte does not represent, warrant or guarantee that access to Trotte app will be uninterrupted or error-free. In case of any faults in the software, we will endeavor to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee that the app will function at all times, for example, a public emergency may result in a service interruption.
6.5 Trotte, its representatives, directors, and employees are not liable for any loss or damage that you may incur as a result of using Trotte app or relying on, the journey contracted for through the Trotte app, including but not limited to: any direct or indirect property damage or monetary loss; loss of profit; loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business; loss or inaccuracy of data; and any other type of loss or damage.
6.6 The financial liability of Trotte in connection with a breach of the contract will be limited to 1,025,416.00 BIF. You will have the right to claim for damages only if Trotte has deliberately violated the contract. Trotte will not be liable for the actions or inactions of the driver and will not be liable for damages that the driver causes to the passengers.
6.7 You agree to fully indemnify and hold Trotte, their affiliate companies, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the Trotte app (including the journeys you obtain through your use of the Trotte app).
6.8 Trotte may immediately end your use of the Trotte app if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of Trotte or the safety of drivers.
- Good practice using the Trotte app
7.1 As Trotte is not a provider or broker of the transport services, any issues with defects or quality of the transport services will be resolved in accordance with the rules and regulations of the transport service provider or the relevant public authority.
7.2 We ask to fill out a feedback form in the Trotte app. This enables us to offer suggestions to the drivers for improving the quality of their service.
7.3 We expect that you use the Trotte app in good faith and be respectful of the drivers who offer their services through the Trotte app. Trotte retains the right to close your account if you have violated the terms set out in this General Terms and Conditions or if your activities are malicious, i.e. withholding payment for the provision of the transport service, fraud, being disrespectful towards the drivers, etc. In these cases, your Trotte app account may be revoked without prior notice.
7.4 Trotte will make every effort to ensure that only drivers, who have integrity and are respectful of their profession and passengers, use the Trotte app. However, we are in no position to guarantee that every provider of transport services, located by the Trotte app, satisfies the aforementioned criteria at all times. If you experience objectionable transport service, please notify the company responsible for the service, a supervisory authority or our customer support.
- Amendments to the General Terms and Conditions
8.1 If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail or Trotte app notifications. If you continue using the Trotte app, you will be deemed to accept the amendments.
- Final Provisions
The General Terms and Conditions will be governed by and construed and enforced in accordance with the laws of the Republic of Burundi. If the respective dispute resulting from General Terms or Agreement could not be settled by the negotiations, then the dispute will be finally solved in Burundi Court in Bujumbura, Burundi. If any provision of the General Terms is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.
Date of entry into force of the General Terms and Conditions: 08.05.2019.