1.1 These Passenger Terms apply between you and:
from such time as you register and set up an account with Hopp UK.
1.2 It is important that you read and understand the Passenger Terms before using the Service (as defined in 2.1 below). By using and accessing the Service, you agree to these Passenger Terms. If you do not agree to these Passenger Terms, please do not use the Service.
2.1 Hopp UK operates a free platform (the "Service") that allows you to request, book and pay for passenger transportation services ("Journeys") using the Hopp UK application (the "App") available for download on your mobile device and for licensed private hire vehicle drivers ("Drivers") to provide the Journey to you.
2.2 When you submit a booking request for Journeys through the App, Hopp UK will process your request and may accept your booking (depending on your location and payment history) for the purpose of finding and allocating you a Driver willing and able to fulfil your Journey request.
2.3 Once an individual Driver confirms that they 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. Hopp UK does not provide Journeys and is not a party to your agreement with the relevant Driver.
2.4 Hopp UK will provide the following as part of the Service in connection with the Journey the following;
in accordance with and relevant provision of legislation and in line with the expectations of Transport for London.
2.5 You may cancel your booking request for a Journey any time before you begin your Journey by informing the Driver through the applicable functionality available on the Service. However, if you:
Billify OÜ may charge you a cancellation fee of up to £6 on behalf of the Driver.
2.6 Hopp UK may, from time to time, provide social features on the Service, such as the ability to contact, rate and review the Driver. Any use of such social features should comply with our Rules of Acceptable Use below.
3.1 To access the Service, you must:
3.3 During the installation of Hopp app, the Passenger’s mobile number is linked to the respective Hopp user account and added to our database. If you are no longer using your mobile number, you must notify Hopp and Hopp group companies and partners 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 can might the same mobile number to a next person and when using Hopp app, this new person can see your data.
3.4 You must provide Billify OÜ with valid and up-to-date credit or debit card details in order to use your Account to utilise the Service. You authorise Billify OÜ to charge such credit or debit card for the Fares incurred via your Account and hereby confirm that the details you provide are accurate and that you have the right to use the credit or debit card provided.
3.5 You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact Hopp UK at email@example.com straight away to let Hopp UK know.
4.2 Unless allowed by these Passenger Terms and as permitted by the functionality of the Service, you agree:
4.3 You agree that you have no rights in or to the App or any portion of the Service other than the right to use them in accordance with these Passenger Terms.
4.4 All intellectual property rights in the Service, its content and any related documentation existing anywhere in the world belong to Hopp UK or its licensors (and are protected by copyright and/or trade secret laws and other international treaty provisions) and may not be copied, distributed, uploaded, republished, decompiled, disassembled or transmitted in any way without Hopp UK’s prior written consent. You will not have any rights of ownership in the Service, its content or any related documents other than the right to use it in accordance with these Passenger Terms.
5.1 By requesting to book a Journey which is accepted by Hopp UK, you agree to enter into a further agreement with your Driver to take (or to authorise another person to take) and pay for the Journey you have requested.
5.2 You acknowledge that while undertaking the Journey:
5.3 You agree that while you are a Passenger of any Journey you will treat your Driver with respect, courtesy and decency – as you would expect to be treated as a Passenger. Any failure to abide by these Passenger Terms may affect your ratings, entitle Hopp UK to suspend or terminate your access to the Service or may be escalated to Hopp UK or the relevant authorities.
5.4 You agree that the Driver or Hopp UK may request you to pay a fee for cleaning a vehicle if you or your co-passengers negligently damage the vehicle or its furnishing (including by damaging or staining the vehicle or causing the vehicle to smell). You may be asked to pay an amount in excess of £60 for damage to the vehicle. If you do not pay the £60 charge, we may deduct it from your debit card or credit card
5.5 Hopp UK expects a high standard of service and professionalism from the Drivers. Please let us know at firstname.lastname@example.org or through the App if you have not had a satisfactory Journey.
6.1 In order for Hopp UK to provide payment services as part of the App, it contracts with Billify to provide those services. Billify OÜ, or its authorised payment agents (together "Billify"), processes all payments in relation to the App, including invoicing, taking payment from you, refunding Passengers (where appropriate) and remitting payment to Drivers ("Payment Services").
6.2 Once a Driver has completed your Journey, Billify will charge you a fare on behalf of the Driver for each completed Journey taken through the Service ("Fare"). The Fare will be determined by the Software, having regard to the actual journey time, any peak pricing, cancellation fees, and distance travelled.
6.3 As part of your request for a Journey, the App will provide you with an estimate of the fare you will be charged for the provision of the Journey (the "Estimate"). This Estimate is provided for your reference only and the actual Fare may vary due to journey time, distance travelled, any changes agreed with your Driver or any peak pricing.
6.4 Once you have completed a Journey, Billify shall invoice you on behalf of the Driver and charge your nominated credit or debit card for the amount of the Fare. Billify will then create a receipt on behalf of your Driver setting out the route, Fare, time and other relevant information relating to that particular Journey.
6.5 If, due to no fault of Billify or the Service, Billify is unsuccessful in charging a Fare or any other amount to your credit or debit card, Hopp UK will inform you and Hopp UK may suspend or temporarily disable all or part of your access to the Service (without any responsibility to you), and Hopp UK shall be under no obligation to provide any or all of the Service while the amount concerned is unpaid. This does not affect any other rights and remedies available to either Hopp UK or Billify (as the Payment Services provider).
7.1 Hopp UK and Hopp UK group companies, 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 any additional terms that are established on a per promotional code basis. Expiration dates of promo codes will be reflected in-app once you have applied the promo code to your account.
7.2 If your trip amount exceeds the redeemable credit allocated to your ride, the balance will be automatically deducted from your account. 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.
7.3 Hopp UK reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if Hopp UK deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.
8.1 This clause 7 applies where the App has been acquired from the Apple App Store.
8.2 In addition to these Passenger Terms, you also agree that:
8.3 If there is any conflict between these Passenger Terms and the Apple App Store terms of service, the Apple App Store terms of service shall take priority.
8.4 You may only use the App on any Apple-branded products which you own or control and only as permitted by the usage rules in the Apple App Store terms of service, except that the App may be accessed and used by other accounts associated with you via family sharing (where permitted by the Apple App Store).
9.1. This clause 8 applies where the App has been acquired from the Google Play Store. In addition to these Passenger Terms, you also agree:
10.1 You confirm that any text, images or any other information that you provide to Hopp UK whilst using the Service ("User Content") will meet the Rules of Acceptable Use (as defined in clause 10 below).
10.2 Hopp UK does not claim ownership in your User Content and ownership will remain with you (or the relevant third party owner). You grant Hopp UK a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license, and exploit the User Content anywhere and in any form for the purposes of providing the Service (including, where applicable, allowing other users to view your User Content).
10.3 You must ensure that you are able to grant us the above licence for any content owned by a third party that you include in your User Content.
10.5 The Service makes available third party content, such as User Content. Hopp UK is not responsible for any such content in any way, but may monitor User Content and reject, refuse or delete any User Content where Hopp UK considers that it breaches any of the Rules of Acceptable Use.
10.1 Your personal data will be processed in accordance with the Privacy Notice for Passengers, available at: (https://gethopp.com/legal/privacy-for-riders)
12.1 In addition to the other requirements within these Passenger Terms, this section describes specific rules that apply to your use of the Service (the "Rules of Acceptable Use").
12.2 When using the Service (including, where relevant, the Journey) you must not:
12.3 Failure to comply with Rules of Acceptable Use constitutes a serious breach of these Passenger Terms, and may result in Hopp UK taking all or any of the following actions (with or without notice):
13.1 If at any time you feel that you can no longer agree to these Passenger Terms or any changes made to the Passenger Terms or the Service, you must immediately uninstall the App and stop using the Service.
13.2 If you would like to delete your Account, please email Hopp UK at email@example.com or let us know using the communication feature in the Service. Please note that in order for us to access your data and delete your account, it may be required for you to first verify your identity.
13.3 Hopp UK may immediately end your use of the Service if you breach these Passenger Terms or Hopp UK considers it necessary to protect the integrity of Hopp UK or the safety of Hopp UK staff or its affiliated Drivers.
13.4 Hopp UK may withdraw the Service as long as Hopp UK gives you reasonable notice that it plans to do this.
13.5 If the relationship is terminated or Hopp UK withdraws the Service as described in this section, Hopp UK may delete your User Content or any other information it holds about you. You will also lose any rights you have to use the Service or to access any content provided by us under the Service, any content provided by Drivers or your User Content. Hopp UK will not offer you compensation for any resulting losses.
11.6 The termination of your use of the Service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to Billify OÜ.
Your consumer rights
14.1 Nothing set out in these Passenger Terms purports to limit liability or restrict your rights as a consumer that cannot be so limited or restricted under the applicable law.
14.2 All Drivers undergo verification, training and checks before they are able to be affiliated with Hopp UK and provide Journeys to you through the App. However, you acknowledge that riding in vehicles is inherently dangerous and Hopp UK (and/or any of its affiliates) has no liability or responsibility to you in relation to any Journey provided by Drivers.
14.3 The Service, its content and functionality, are provided on an “as is” and “as available” basis, and, to the fullest extent permitted by law, Hopp UK and its affiliate companies make no promises, whether express or implied, with respect to the Service, its content or functionality.
14.4 Hopp UK and its affiliate companies do not make any promise that access to the Service will be uninterrupted or error free. Hopp UK makes no representation, warranty or guarantee regarding the reliability, timeliness, suitability or quality of the Service. To the maximum extent permitted under applicable law, you agree to accept sole responsibility for any risk arising out of your use of the Service or any Journey contracted for through the Service.
Limitation of Liability
14.5 To the maximum extent permitted under applicable law, Hopp UK and/or any of its affiliate companies, representatives, directors and employees are not liable for any loss or damage that you may incur under, or in connection with, these Passenger Terms or as a result of using, or relying on, the Service (including any Journey contracted for through the App), including but not limited to:
Your indemnity of Hopp UK and Billify OÜ
14.6 You agree to fully indemnify and hold Hopp UK and Billify OÜ, 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 Service (including the Journeys you obtain through your use of the Service), including those claims or losses result from:
15.1 you have a dispute with Hopp UK or Billify OÜ relating to the Service or payment processing, including disputing a Fare, in the first instance please contact firstname.lastname@example.org and attempt to resolve the dispute with Hopp UK or Billify OÜ (as applicable) informally.
15.2 In the unlikely event that the parties have not been able to resolve a dispute informally, Hopp UK will discuss and agree with you the most effective way of resolving the dispute.
16.1 Applicable law: English law will apply to all disputes and the interpretation of these Passenger Terms. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service.
16.2 Enforceability and waiver: If any provision of these Passenger Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Passenger Terms shall not be deemed a waiver of such term.
17.1 If you need to contact Hopp UK or Billify OÜ in relation to these Passenger Terms or any other document mentioned in them, you can contact Hopp UK and Billify OÜ at the support centre by emailing email@example.com.
17.2 Hopp UK values hearing from its users, and is always interested in learning about ways Hopp UK can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that Hopp UK may use and allow others to use it without any restriction and without any payment to you.