1. GENERAL
1.1. Dream List Tourism LLC, a company registered in the United Arab Emirates (hereinafter referred to as the “Company”) hereby offers to use the Service available at https://fastway.com and at all third level subdomains (hereinafter referred to as the “Site”) and further described in section 2 hereof (hereinafter referred to as the “Service”) to an Internet user (hereinafter referred to as the “User”) under the terms and conditions described herein. This Agreement (hereinafter referred to as the “Agreement”) shall come into force and become legally binding for the Company and the User (hereinafter referred to as the “Parties”) at the moment when the User first time starts to use the Service.
1.2. When starting to use the Service, the User shall be deemed to have accepted the terms of this Agreement without any reservations, exceptions or limitations not contained herein. In case of the User’s disagreement with any provision of this Agreement, the User shall not use the Service.
1.3. The Company reserves the right to change or modify this Agreement at any time and in its sole discretion with no prior notice. A new version of this Agreement shall come into effect when posted on the Site. By continuing to use the Service, the User confirms the User’s acceptance of the revised Agreement. The Company encourages the Users to review the Agreement frequently to ensure that the User understands the terms and conditions that apply when using the Service. If the User does not agree to the revised Agreement, the User may not use the Service.
1.4. This edition of the Agreement enters into force on [CURRENT DATE] and is effective until the following edition is adopted.
1.5. Any time frames specified in this Agreement shall be determined by the UTC+4 time zone (UAE time), unless otherwise expressly indicated herein. The beginning and the end of calendar dates specified in this Agreement, including the commencement and completion of any term, are determined by the beginning and the end of the respective 24-hour period in the UTC+4 time zone.
2. DESCRIPTION OF SERVICE
2.1. The Service grants the User access to booking transportation services from private and other transportation service providers duly registered with the Service (hereinafter referred to as the “Carriers”). While using the Service through a mobile application, the User shall make sure that the mobile application is updated to the latest version in order to use the capabilities of the Service in full and without any discrepancies.
2.2. After registration in the Service, the User obtains access to a private section of the Service (hereinafter referred to as the “Personal Account”) accessible for the User, which contains information about the User, personal settings for interaction with the Service, information about the bookings made by the User and other data.
2.3. In the Personal Account, the User is able to place requests for transportation services (hereinafter referred to as “Requests”), in which they specify essential and additional terms and conditions for provision of such service (including the start date and time, route, number of passengers, luggage details, child safety seats requirements, and for hourly chauffeur driven rental – maximum transfer time). Request shall be made by filling the special fields in the Service, and in case of any contradiction between the “comments” field and any terms in special fields, the special fields shall be considered correct.
2.4. The User can choose between two types of transfers:
- DISTANCE – for point-to-point transfers, such as airport transfers or intercity travels
- HOURLY – for renting a vehicle with a driver by the hour for tours, shopping days or business meetings requiring multiple stops
2.5. The User acknowledges and agrees that:
(A) The User’s ability to obtain transportation Service through the use of the Service does not establish the Company as a provider of the transportation Service or as a transportation carrier. When the User makes a booking and accepts its terms (including the specific Transfer and Transfer Price), they enter into a Transportation Contract with the Carrier directly but not with the Company.
(B) The Users may receive transportation services using the Service only if they have reached the age of majority under the laws of the country wherein the Transfer will take place. Persons who have not attained this age may not use the Service independently but may participate in Transfers accompanied by adults (passengers at full legal age).
(C) Due to the nature of the Service provided under this Agreement, the liability of the Company is limited to an obligation to accurately transmit the information between the User and the Carrier as well as to transfer payment for a specific Transfer received from the User to the Carrier. The Company shall not be liable for the credibility of the information passed as well as for the due and good faith performance of the Carrier’s obligations within any agreements between the Carrier and the User. The Company bears no responsibility for any losses including the loss of gains and physical losses and damages in any way determined by the use of the Service.
(D) The Service, the software used for the provision of the Service, and other content of the Site through which the Service is available (including but not limited to FastWay logo and other logos and registered trademarks) are protected by the Company’s or third parties’ intellectual property rights. The User is hereby granted a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the respective intellectual property solely in connection with the User’s use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service, in each case solely for the User’s personal, non-commercial use. Any rights not expressly granted herein are reserved by the Company.
(E) There may exist certain technical limitations and restrictions on the Service, which can lead to the inaccessibility of the Service or delays in the transmission of communication at a particular time due to some reasons beyond the Company’s control.
(F) The User enters into this Agreement at its sole risk and the Service and any information provided to the User are provided “as is” and “as available”.
(G) The relations between the User and the Company fall exclusively within the Agreement contained herein. Nothing shall be presumed to indicate that the Company and the User have entered into or have agreed to enter into any other contract or have any rights and obligations before each other within any other agreement.
3. PAYMENT OF TRANSFER PRICE
3.1. After booking a transportation service through the Service as stipulated herein, the User shall make payment of the Transfer Price via one of the payment options offered by the Company. The User may pay the Transfer Price by credit card, which the Company shall further transmit to the Carrier subject to the terms and conditions of a separate agreement between the Company and the Carrier.
3.2. The Company does not collect, process and/or store User’s payment data.
3.3. The booking may include special tariffs for waiting time exceeding the limits specified in clause 4.4 below or for additional driving time for time-limited Transfers (the “Additional Costs”), and in case the situations of additional waiting or driving time arise, such Additional Costs shall be calculated based on the actual time spent and the tariffs specified at the time of booking. The amount due for the Additional Costs shall be calculated at the end of the Transfer, and the moment of payment authorization shall be the moment of the User’s completion of the booking process for the relevant Transfer.
3.4. The User agrees that: (i) the Transfer Price and the amount of Additional Costs (if applicable) shall be paid in the currency selected by the User, (ii) the Transfer Price with any charges may be debited from the User’s bank/card account in another currency than one previously selected if the payment in a specific currency and/or the mandatory currency conversion are stipulated by the bank and/or payment system effecting the payment, and (iii) the amount of Additional Costs calculated in accordance with clause 3.3 above shall be debited within 5 days upon the date of the Transfer completion against the Company’s request from the User’s bank/card account without further authorization. By entering into this Agreement, the User gives their irrevocable consent for debiting the above-mentioned amounts from their bank/card account for each Transfer if additional waiting and/or driving time were actually performed.
3.5. Unless this Agreement provides otherwise: (A) all payments made by a User under this Agreement shall be made gross, free of right of counterclaim or set off and without deduction or withholding of any kind other than any deductions or withholding required by law; (B) there are no cost limits for making payments for Transfers; (C) all payments made by the Company shall be deemed to be inclusive of all taxes that may be payable by the User in connection with the payment, and the payment of such taxes is the User’s sole responsibility. Under no circumstances shall the Company have an obligation to deduct or withhold any tax when making any payment to the User.
4. CANCELLATION OF TRANSFER
4.1. The User may unilaterally cancel a Transfer by sending a message through the Service or contacting customer support. A change of the essential Transfer conditions (such as the pick-up time, the Transfer route, the number of passengers, vehicle class, etc.) by the User shall be considered as the cancellation of the Transfer initiated by the User, and the Carrier has the right to refuse to perform the Transfer in accordance with the changed conditions.
4.2. The funds transferred by the User to the account of the Company as a payment for the Transfer Price shall be refunded in the following cases: (A) the User cancels the Transfer more than 48 hours before the agreed pick-up time; (B) the Transfer is cancelled by the Carrier or the Company.
4.3. No payment return (full or partial) is allowed in case the User or another passenger on whose behalf the User placed an order does not show up at an agreed place of the Transfer at the pick-up time nor within:
- 60 minutes from the pick-up time agreed at the airports, sea or river passenger port terminals,
- 30 minutes at the railway stations,
- 15 minutes at all other places from the pick-up time agreed, and
- 5 minutes – regardless of the agreed pick-up place if the Request for such Transfer was placed in the Service by the User no more than 30 minutes before the agreed pick-up time.
5. USER’S REPRESENTATIONS AND WARRANTIES
5.1. The User represents and warrants at all times that the User continues to use the Service that: (A) the User has legal capacity under the laws of all applicable jurisdictions and agrees to this Agreement voluntarily, and that the User has full power, authority and capacity to comply with this Agreement and the User’s obligations contained herein; (B) the User’s compliance with this Agreement is lawful and the User’s obligations hereunder are legally binding and valid; (C) the User has carefully and thoroughly read and understood this Agreement; (D) the User is and has always been compliant with this Agreement; (E) in entering into this Agreement the User has not relied on any representation, warranty, statement, undertaking or conduct of any kind other than as expressly provided in this Agreement; (F) all information provided by the User is true, complete, valid and not misleading in any respect, and it acknowledges and agrees that the Company enters into this Agreement with them in reliance on the representations and warranties set out in this clause.
6. USER’S ONGOING OBLIGATIONS
6.1. The User shall: (A) regularly monitor and review any announcements connected with the Service made on the Site; (B) purchase and use the Service only for the purposes and in the manner expressly permitted by this Agreement; (C) notify the Company immediately if any of the representations and warranties made under this Agreement becomes untrue, incomplete, invalid or misleading in any respect; (D) not engage in any activity that interferes with or disrupts the Service in any way; (E) be fully responsible for keeping the information required to access its account (including the password), ensuring its confidentiality, security, the absence of any distortion and proper control over storage; (F) not remove any copyright, trademark or other proprietary notices from any portion of the Service; (G) not reproduce, modify, use for compilation, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by the Company; (H) not modify, analyze, decompile, decode, restore the source code of the Service or any of its parts except as may be permitted by applicable law; (I) not link to, mirror or frame any portion of the Service; (J) not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; (K) not attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks; (L) not use or reference in any manner the Company’s names, logos, product and service names, trademarks or Service marks; (M) not otherwise infringe the Company’s intellectual property rights concerning the Service, the software and any other content of the Site through which the User accesses the Service; (N) observe all applicable laws and regulations (including tax laws and regulations) in such manner that will, to the best of its knowledge and belief, result in compliance by it and the Company in any jurisdiction in which it directly or indirectly uses the Service; (O) on its own behalf obtain and provide at the state border crossing while the Transfer all the documents that are necessary under the laws of such states for the User and all the passengers, and be solely liable for absence or formal incorrectness of such documents. Hereby the User represents and warrants that neither Company, nor Carrier or the Carrier’s driver that is directly involved in the Transfer performance, can be in any case liable for absence or formal incorrectness of the abovementioned documents of the User and/or any passenger, including the situations when the Transfer cannot be performed or ended due to absence or formal incorrectness of the abovementioned documents; (P) provide promptly such evidence of its compliance with this Agreement as the Company may at any time reasonably require.
6.2. Within 24 hours upon the end of Transfer, the User may rate the Carrier for the quality of Transfer fulfillment by indicating from one to five stars in the Service; five stars shall mark the highest rating. In case the Transfer was not fulfilled through the Carrier’s fault, the User may inform the support service about the Carrier’s no-show.
7. EXCLUSION OF REPRESENTATIONS AND WARRANTIES BY THE COMPANY
7.1. The User hereby accepts that, to the fullest extent permitted by law: (A) no warranty is given in respect of the Service or any information provided to the User; and (B) the Company expressly disclaims all warranties and conditions of any kind, whether express or implied, including: (i) any implied warranties of merchantability, fitness for a particular purpose or non-infringement; (ii) any warranties as to the timeliness, reliability, suitability, sequence, accuracy, adequacy, consistency or completeness of any information provided to the User at any time or from time to time; (iii) any warranties that the access to the Service provided hereunder will be uninterrupted, timely or free from error.
8. LIMITATIONS OF THE COMPANY’S LIABILITY
8.1. To the fullest extent permitted by law, the Company expressly disclaims all liability for any loss whatsoever, and howsoever caused, incurred or suffered by you or anyone else, and including any loss arising from or in connection with: (A) any inaccuracy, incompleteness or delay in any information provided to the User; (B) any transaction failure which may occur when the User seeks to make payment; (C) any malfunction, instability, or another breakdown of any software used by the Company for the provision of the Service; (D) any disclosure, loss, theft, destruction or inaccessibility of the User’s account, password or other data (including the User’s or any other person’s failure to keep these secure, safe and confidential); (E) termination of this Agreement at any time and for any reason; (F) any failure of the Service to be used in any specific way or to meet any specific purpose or requirements; (G) any war, riots, restraints imposed by any governmental or semi-governmental or regulatory authority, industrial or trade disputes, fires, explosions, epidemics, storms, typhoons, floods, lightning, earthquakes and other natural calamities.
8.2. The Company shall have no liability, however arising, for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage arising out of or in connection with the provision of the Service hereunder, or otherwise related to its subject matter, regardless of the negligence (either active, affirmative, sole, or concurrent) of the Company, even if the Company has been advised of the possibility of such damages.
8.3. The Company shall not be liable for any damages, liability or losses arising out of: (A) the User’s use of or reliance on the Service or the User’s inability to access or use the Service; or (B) any transaction or relationship between the User and any Carrier, even if the Company has been advised of the possibility of such damages. The Company shall not be liable for delay or failure in performance resulting from causes beyond the Company’s reasonable control.
8.4. The Company’s aggregate liability to the User for any claims for damages (whether under contract, tort, warranty, or other law) resulting from, arising out of, or in connection with this Agreement, or otherwise related to its subject matter, will under no circumstances exceed the Transfer Price paid by the User to the Company in connection with the relevant Transfer.
9. INDEMNITIES
9.1. The User indemnifies the Company against, and agrees to reimburse and compensate the Company for, any liability or loss arising from (and any costs incurred in connection therewith): (A) any breach of this Agreement; (B) the Company exercising, enforcing or preserving its rights, powers or remedies (or considering doing so) with respect to the User in connection with this Agreement; (C) infringement of any Company’s or third parties’ intellectual property rights or other laws in connection with the User’s use of the Service and the Site and its contents.
9.2. It is not necessary for expense to be incurred before the indemnity in this clause operates.
10. USER’S CONSENT TO ADVERTISING MESSAGES AND PRIVACY POLICY
10.1. The User agrees to receive advertising messages from the Company. The User has a right to decline receiving advertising messages by using the relevant functionality of the Service, as part of which or in connection with which the User received such messages.
10.2. With regards to the personal data protection, the Company follows the legislation of the United Arab Emirates.
10.3. The User hereby gives the User’s consent on processing and collection of the User’s personal data to the extent and for the purposes specified in this Agreement and Privacy Policy.
11. PROHIBITION OF DISCRIMINATION
11.1. Discrimination refers to any distinction, exclusion, restriction or preference in the rights and freedoms of an individual or a group of individuals, as well as support for discriminatory behavior.
11.2. The UAE Federal Decree Law No. 2/2015 on Combating Discrimination and Hatred prohibits all forms of discrimination on the basis of religion, belief, sect, faith, creed, race, color or ethnic origin.
11.3. When using the Service, the User shall be tolerant and not specify any requirements of a discriminatory nature, in particular the requirement that the transportation Service be provided by a Carrier of a certain sex, race, nationality, sexual orientation. If the User indicates discriminatory requirements, the Company reserves the right to reject the request and terminate the Agreement with the User (block the access to the Personal Account).
12. ASSIGNMENT AND NOVATION
12.1. The Company may assign, transfer, novate or otherwise deal in any manner, all or any part of the benefit of this Agreement and any of its rights, remedies, powers, duties and obligations under this Agreement to any person, without the User’s consent and in any way the Company considers appropriate.
12.2. The User agrees that it may not transfer any assignee, transferee or any other person who has an interest in this Agreement, any right of set off or other rights that the User has against the Company.
13. TERM AND PROCEDURE OF TERMINATION
13.1. This Agreement will commence at the moment specified in clause 1.1 and shall continue until terminated in accordance with this section 13.
13.2. Notwithstanding any other provision of this Agreement, the Company may at any time and for any reason immediately terminate this Agreement as between the User and it without prior notice or need to specify reasons, including if: (A) the User has breached any provision of this Agreement or acted in a manner which clearly shows that the User does not intend to or is unable to comply with any provision in this Agreement; (B) the Company reasonably considers it is required to do so by the application of any laws or regulations or by any government, quasi-government, authority or public body (including any regulatory body of any jurisdiction); or (C) the Company determines that performing its obligations under this Agreement is no longer commercially viable.
13.3. The Company will inform the User of such termination by notice in accordance with section 18.
14. WAIVER OF SET-OFF
The User acknowledges and agrees unconditionally and irrevocably to waive any right of set-off, netting, counterclaim, abatement or other similar remedy which the User might otherwise have under this Agreement under the laws of any jurisdiction.
15. GOVERNING LAW
This Agreement is governed by and must be construed in accordance with the law of the United Arab Emirates.
16. RESOLUTION OF DISPUTES
If there is a dispute between the Parties resulting from, arising out of, or in connection with this Agreement or related to its subject matter, the dispute shall be referred to and finally resolved by the courts of the United Arab Emirates.
17. THIRD PARTY RIGHTS
Any person who is not a party to this Agreement may not enforce nor enjoy the benefit of any provision of this Agreement.
18. NOTICES
18.1. The User agrees that the Company may give notices and communications, under or in connection with this Agreement by announcement on the Site or by email to the email address which the User registers to its account, and that such notice is deemed to be effective and received by the User at the time when it is published on the Site, or, sent, by the Company unless the Company promptly receives an automated message indicating failed delivery of that notice.
18.2. Notices to the Company may be directed to the email address specified on the Site.
19. NO WAIVER
No failure or delay on the part of the Company to exercise any right, power or remedy under this Agreement will operate as a waiver, nor will any single or partial exercise by the Company of any right, power or remedy.
20. REMEDIES CUMULATIVE
The rights, powers and remedies provided in this Agreement are cumulative and are not exclusive of any rights, powers or remedies provided by law.
21. NO RELATIONSHIP
This Agreement does not create any kind of partnership, joint venture, advisor, fiduciary, agency or trustee relationship or any similar relationship between the User and the Company or any other person or entity.
22. SEVERABILITY
If any provision of this Agreement is held to be illegal, void, unenforceable or invalid, whether in whole or part, under the laws of any jurisdiction, that portion will be severed, and such illegality, unenforceability or invalidity will not affect the legality, enforceability or validity of the remaining provisions of this Agreement in that jurisdiction, nor the legality, enforceability or validity of this Agreement in any other jurisdiction. This section 22 has no effect if the severance would alter the basic nature of this document or be contrary to public policy.
23. LANGUAGES
This Agreement is made in English. In case of any inconsistency between the English version and any translation, the English version shall prevail.
Contact Information
Dream List Tourism LLC [INSERT COMPANY REGISTRATION NUMBER] [INSERT COMPANY ADDRESS] [INSERT COMPANY CONTACT EMAIL] [INSERT COMPANY CONTACT PHONE]