Terms & Conditions
Last modified: 14/04/2022
Tuko Rides Terms (Transportation Services)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR REQUESTING THE SERVICES MADE AVAILABLE TO YOU VIA TUKO’S APPLICATION(S) / WEBSITE(S) AS THEY INCLUDE IMPORTANT INFORMATION ABOUT THE SERVICES, YOUR RIGHTS AND OTHER IMPORTANT INFORMATION.
We are Tuko Group Services Limited, a private limited liability company established in England and Wales, registered under the company number 13575450 and having its offices at Studio 210 134-146 Curtain Road, London EC2A 3AR. You can contact us at tukoapp.com/contact-us and . For more information on how Tuko and its affiliates are regulated, see Section 19.
We have given certain words a defined meaning. These are set out below:
“1998 Act” means the Private Hire Vehicles (London) Act 1998
"1982 Act" means the Civic Government (Scotland) Act 1982
"1976 Act" means the Local Government (Miscellaneous Provisions) Act 1976
"2008 Act" means the Taxis Act (Northern Ireland) 2008
(together the “Acts”)
"App(s)/Website(s) Services" means the services provided to you by Tuko, consisting of: (a) access to and use of Tuko's mobile application(s) and/or website(s) which enable you to request and receive Tuko Provided Services and/or (b) payment collection and payment processing services allowing us to charge you and to pay charges into the bank account of Tuko, as the case may be, and Tuko may engage affiliates or third parties to provide these payment collection and payment processing services on its behalf.
“Booking” means a booking of Tuko Transportation Services.
“Community Guidelines” mean the guidelines, as updated from time to time, which set out expectations of all users of the App(s)/Website(s) Services. The latest version of the Community Guidelines is available here.
“Legislation” means the Acts and any regulations made pursuant to the Acts, including any related local government regulations pertaining to the operation of PHVs.
"PHV" means private hire vehicle.
“Tuko” means any of its subsidiaries or affiliates (“we” or “us”).
"Tuko" shall mean Tuko Group Services Limited, a private limited liability company established in England and Wales, registered under the company number 13575450 and having its offices at Studio 210 134-146 Curtain Road, London EC2A 3AR
“Tuko Names, Marks or Works” means Tuko or its licensor’s company names, logos, products or service names, trademarks, service marks, trade dress, other indicia of ownership, or copyrights.
“Tuko Products” means Tuko Provided Services.
“Tuko Provided Services” include, but are not limited to, provision of services in the field of transportation (including the Tuko Transportation Services), as well as provision of goods, delivery, logistics, mobility and the food and grocery industry, provided directly to you by Tuko, which will be subject to additional terms between you and us.
“Tuko Transportation Service” means the provision of the passenger journey which is the subject of a booking accepted by Tuko as set out in these Terms.
- These terms cover your access and use of Tuko’s App(s)/Website(s) Services and your use of Tuko Products (the “Terms”).
- You must read carefully and agree to the Terms prior to accessing and using Tuko’s App(s)/Website(s) Services or Tuko Products. These Terms expressly supersede prior agreements or arrangements about the App(s)/Websites Services (as defined below) and Tuko Products between you and Tuko.
- These Terms apply to the extent they do not conflict with any user and supplemental terms that specifically apply to Tuko's App(s)/Website(s) Services and Tuko Products. You will be asked to agree to any such terms separately.
- By using Tuko's App(s)/Website(s) Services, you confirm you accept these Terms. If you do not agree to these Terms, you may not access or use Tuko’s App(s)/Website(s) Services. We recommend that you keep a copy of these terms for future reference.
- If we have to contact you, we will do so by push notification from Tuko's mobile application, phone call, text message or email, using the details you provided to us on registration for Tuko's mobile application. When we use the words "writing" or "written" in these terms, this includes emails, texts and push notifications.
- Unless otherwise agreed separately in writing, the App(s)/Website(s) Services and Tuko Products are made available to you for your personal non-commercial use in the United Kingdom only
- The specific terms governing Tuko Provided Services, other than Tuko Transportation Services, may be set out in additional terms or a separate agreement. For Tuko Provided Services, Tuko is the service provider contracting directly with you.
- Tuko is free to decide to accept or reject a request. Acceptance is communicated to you through Tuko’s mobile applications and/or websites and the related terms or agreement will set out when a direct contract forms between you and Tuko.
- Tuko collects, uses and discloses information from or about you as described in Tuko’s Privacy Notice. Additional privacy notices may apply for Tuko Provided Services. We will notify you when such notices apply to you.
- Charges for Tuko Provided Services
- If you make a request through Tuko’s mobile applications and/or websites, you agree to pay the relevant charges as described in Tuko’s mobile applications and/or websites and will be responsible for any charges or fees linked to your account.
- Depending on the Tuko Provided Service, including, but not limited to, its location, the charges may be displayed on Tuko’s mobile applications and/or websites before a request is placed. In other cases, the charges will depend on your use of the Tuko Provided Services. We may provide an estimate of these charges. Please be aware that the final amount charged to you may be different from the estimate.
- You may be charged supplementary charges, costs and/or fines, for your use or misuse of Tuko Provided Services (such as repair or cleaning fees).
- In some cases, if the Tuko Provided Services cannot be performed due to your action or inaction (for example, if you are not present at the pick-up or delivery location to receive a delivery), all charges may apply.
- Once the Tuko Provided Service has been provided, we may issue you with an invoice. The invoice will include VAT, if applicable.
- For more information about charges and supplementary charges, fees, costs and/or fines specific to the relevant Tuko Provided Service please consult the support section in Tuko’s mobile applications and/or websites.
- The charges may be modified in Tuko’s mobile applications and/or websites from time to time.
- The charges do not include tips. Where available, you may pay tips, either in person or through Tuko’s mobile applications and/or websites. We will collect tips paid through Tuko’s mobile applications and/or websites on your behalf and remit them.
- Unless otherwise agreed, all charges are due immediately upon a request being placed and payment will be facilitated by Tuko using the preferred payment method associated with your account, after which Tuko will send you a receipt by email. If your primary payment method is not able to be charged, Tuko may use a secondary payment method if available. If your payment method(s) are unavailable, we reserve the right to continue to try to take payment.
- Charges are inclusive of applicable taxes including VAT unless specifically stated otherwise.
- In some cases, you do not have the right to cancel the request for the Tuko Provided Services once it has been accepted. However, for certain Tuko Provided Services, Tuko may allow you to cancel the request, but you may be charged a cancellation fee.
- Tuko may refuse requests and cancel the Tuko Provided Services if there is reasonable doubt about the correctness or authenticity of the request or about the contact information. In this case too, a cancellation fee may be charged. We may also end any contract in place between you and Tuko.
- See the Cancellation Policy for Rides.
- You are free at all times to use the App(s)/Website(s) Services (where and when available) and may terminate these Terms and the App(s)/Website(s) Services by closing your account.
- We may terminate these Terms and your access to the App(s)/Website(s) Services with immediate effect if we conclude that there is a breach by you of these Terms or any other agreement between you and Tuko for the provision of Tuko Products.
- Tuko may, in its sole discretion, terminate these Terms or discontinue the App(s)/Website(s) Services at any time by giving you reasonable advance notice in writing.
- If we cannot charge the relevant charges to your preferred payment method we may suspend or remove your access to the App(s)/Website(s) Services until payment is made.
- You must immediately pay any outstanding charges due to Tuko by you upon termination. Any such charges will survive termination and we reserve all rights to collect payment after termination.
- You are liable for any damage suffered by us as a result of your violation of these Terms, your misuse of the App(s)/Website(s) Services and Tuko Products. You are liable for all activities conducted through your account unless such activities are not authorised by you and you are not otherwise negligent.
- In order to have access to the App(s)/Websites(s) Services, you agree to indemnify, defend (at our option) and hold us and our respective officers, directors, and employees harmless from and against all claims, liabilities, expenses, damages, penalties, fines, social security contributions and taxes arising out of or related to a breach of these Terms, breach of applicable law directly or indirectly related to your use of the Tuko Provided Services generally.
8. Limitation of Liability
- Nothing in these Terms limits or excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation or alters your rights as a consumer that cannot be excluded under applicable law.
- Tuko, its affiliates, directors, officers, employees, workers, agents and/or subcontractors are not liable under or in relation to these Terms including, but not limited to, liability in contract, tort (including negligence, misrepresentation), breach of statutory duty, restitution or otherwise for any of the following arising out of or in connection with the use of the App(s)/Website(s) Services and/or Tuko Products made available through the App(s)/Website(s) Services: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill and (vii) indirect or consequential loss.
- Tuko, its affiliates, directors, officers, employees, workers, agents and/or subcontractors are not liable for:
- Our total liability to you, arising out of these Terms or their subject matter, or in connection with the provision to you of the App(s)/Website(s) or Tuko Products, in contract, tort (including negligence, misrepresentation), breach of statutory duty, restitution or otherwise, shall not exceed five hundred pounds sterling (£1000), unless otherwise agreed in relation to a specific Tuko Product.
- Tuko, and its affiliate entities, are not liable for business losses. App(s)/Website(s) Services are provided only for private use. If you use App(s)/Website(s) Services for any commercial or business purpose Tuko will have no liability to you for any loss of profit, loss of business, loss of revenue, business interruption, or loss of business opportunity (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms).
- Tuko may change these Terms from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you in Tuko’s mobile applications and/or websites and/or by email. If you do not agree with these changes, you are free to close your account in accordance with Section 7.1. These Terms were most recently updated as at the outset of this document.
- The invalidity of any provisions in these Terms does not affect the validity and enforceability of the rest of these Terms. Any such invalid, illegal or unenforceable provisions shall be deemed deleted.
- We may assign, subcontract or transfer these Terms or any of our rights or obligations in them, in whole or in part, without your prior consent, provided this will not lead to a reduction of the rights you are entitled to by virtue of these Terms or by law. We will tell you if this happens. You may not assign, subcontract or transfer these Terms or any of our rights or obligations, in whole or in part, as your use of the Tuko’s App(s)/Website(s) is personal, unless agreed otherwise.
- These Terms replace all previous agreements relating to your access and use of the App(s)/Website(s) Services. In addition, in the event of any conflict between these Terms and any previous agreements relating to your use of Tuko Transportation Services, these Terms shall prevail.
- You may be required to accept additional terms to access or use the App(s)/Website(s) Services and/or Tuko Products. If there is a conflict between these Terms and the separate agreement, the latter will have precedence unless specified otherwise in the separate agreement.
- Dispute Resolution Process
- In the event of a dispute, we would ask you to raise a complaint using the contact details in the “About Us” section above. In the unlikely event that we cannot resolve the dispute, we will work with you to discuss a way forward to resolve the dispute, which may include mediation. Tuko's right to refer the dispute to a court is expressly reserved. Tuko does not commit to using an online dispute resolution platform to resolve consumer disputes.
10. Governing Law and Jurisdiction
- These Terms shall be exclusively governed by and construed in accordance with the laws of England. If you live in England or Wales you can bring legal proceedings in respect of the Services in the English courts.
1. By accessing and using the App(s)/Website(s) Services you accept these Terms
- Tuko's mobile applications and/or websites may be made available to you under various branding depending on the Tuko Product(s) you are accessing or using at the time.
2. Your access to and use of the App(s)/Website(s) Services
- Tuko’s mobile applications and/or websites can be downloaded or accessed on most modern mobile devices with an internet connection and equipped with popular operating systems such as Android or iOS.
- You are responsible for obtaining the network access necessary to use the App(s)/Website(s) Services and are responsible for any rates and fees from your mobile network provider, including from data consumption while using Tuko’s mobile applications and/or websites. You are also responsible for obtaining compatible devices and operating systems necessary to use the App(s)/Website(s) Services, including any software or hardware updates.
- We provide the App(s)/Website(s) Services “as is” and “as available.” The App(s)/Website(s) Services, or any related digital content, may be subject to limitations, delays, and/or other problems inherent to the use of the internet and electronic communications and are not guaranteed to be available, uninterrupted or error free at all times. Tuko may suspend or withdraw or restrict the availability of all or any part of the App(s)/Website(s) Services for business and operational reasons. Tuko will try to give you reasonable notice of any suspension or withdrawal.
- To use the App(s)/Website(s) Services in the United Kingdom, you must register in Tuko's mobile applications and/or websites and set up an account and you must be eighteen (18) or older. To use the App(s)/Website(s) Services in the United Kingdom you must be eighteen (18) or over. The terms governing specific Tuko Provided Services may impose different age requirements.
- You must provide us with certain personal information to register and set up your account, including your phone number and email address. To use the App(s)/Website(s) Services, Tuko Provided Services, you may need to provide at least one valid payment method (that is, a credit card, debit card or any other accepted payment method). You may need to provide additional information and documents before using certain Tuko Provided Services, such as your address.
- You are under no obligation to log in to, or use, Tuko’s mobile applications and/or websites. If you choose to stop using Tuko’s mobile applications and/or websites you may do so without giving us any notice.
- Tuko may temporarily restrict your access to and use of the App(s)/Website(s) Services if there is a suspected breach of your obligations (see Section 15 below) or otherwise of these Terms, including where we receive a complaint in relation to fraud. There may be circumstances in which we are unable to provide you with information about the complaint whilst an investigation is ongoing (by us and/or a third party such as the police).
3. Your Obligations when using the App(s)/Website(s) Services
- When using the App(s)/Website(s) Services, you must comply with all applicable laws. You may only use the App(s)/Website(s) Services for lawful purposes and for the purposes for which they were intended as otherwise referenced in these Terms. You must not misuse Tuko’s mobile applications and/or websites or attempt to defraud us.
- You must provide accurate and complete information when you register an account and when using the App(s)/Website(s) Services.
- Your account is personal to you. Your account cannot be licensed or shared unless expressly permitted by Tuko. Once you have set up an account, you:
- may not register more than one account unless we agree otherwise in writing;
- may not allow third parties to use your account or transfer your account to a third party;
- must keep your account information accurate, complete and up-to-date;
- must keep your login details safe and confidential at all times; and
- must tell us immediately if you have any reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.
- You will be responsible for paying any fees or charges that may be incurred as a result of the provision of Tuko Provided Services requested through your account.
- You must not, in your use of the App(s)/Website(s) Services, cause any nuisance, annoyance, inconvenience, or property damage, whether to Tuko or any other party.
- You will not be charged for using the App(s)/Website(s) Services. However, we reserve the right to introduce a usage charge, in which case you will be informed in writing and given the opportunity to terminate these Terms before any such charge is introduced. If you choose to terminate these Terms, you will no longer be able to access or use the App(s)/Website(s) Services.
- We reserve the right to introduce a fee, and we will inform you, for specific features on Tuko's mobile applications and/or websites, in which case you can decide if you wish to proceed. These may be subject to separate terms, which Tuko will make available to you at the time.
What if there's a problem with my App(s)/Website(s) Services? If there is a problem with the App(s)/Website(s) Services, or if you have a complaint, please contact us on the details set out in the “About Us” section above.
- Do not rely on information made available to you on the App(s)/Website(s) Services.
- Although Tuko makes reasonable efforts to update the information provided through the App(s)/Website(s) Services, Tuko makes no representations, warranties or guarantees, whether express or implied, that the content on the mobile applications and/or websites is accurate, complete or up to date.
- Ownership of and rights in the App(s)/Website(s) Services
- Tuko reserves all rights not expressly granted in these Terms. The App(s)/Website(s) Services, Tuko's devices and all data gathered through Tuko’s mobile applications and/or websites (including all intellectual property rights in all of the foregoing) are and remain Tuko's property or the property of Tuko's licensors.
- You may not, and may not allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of Tuko’s mobile applications and/or websites; (b) reverse engineer or attempt to extract the source code of Tuko’s mobile applications and/or websites except as allowed under law; (c) launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of Tuko’s mobile applications and/or websites or data; (d) use, display, or manipulate any of Tuko Names, Marks, or Works for any purpose other than to use the App(s)/Website(s) Services; (e) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include Tuko Names, Marks, or Works or any confusingly or substantially similar mark, name, title, or work; (f) use Tuko Names, Marks, or Works as your social media profile picture or wallpaper; (g) purchase keywords (including, but not limited to Google AdWords) that contain any Tuko Names, Marks, or Works; or (h) apply to register, reference, use, copy, and/or claim ownership in Tuko’s Names, Marks, or Works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works; except as may be permitted in the limited license granted under Section 18.3 below.
- Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable license to install and/or make use of Tuko’s mobile applications and/or websites on your device solely for your use and for you to access and use information made available through Tuko’s mobile applications and/or websites. Any rights not expressly granted herein are reserved by Tuko and Tuko’s licensors.
TUKO TRANSPORTATION SERVICES
1. Service Provider and Private Hire Vehicle Operators of Tuko Transportation Services
- For Tuko Transportation Services within the United Kingdom, you will be contracting with the Tuko entity which has accepted your booking as the relevant licensed private hire operator.
- For passenger journeys which commence in England, Tuko Group Services Limited. You will be notified in Tuko’s mobile application and/or website if your booking has been accepted by Tuko Group Services Limited.
- (that entity referred to as "Tuko " for the purpose of this agreement).
- You can contact the relevant entity using the contact details in the “About Us” section above.
- Pursuant to the Legislation, a booking request made by you can only be accepted by a person that holds a private hire operator's or booking office licence.
2. Tuko UK's Contract with you for Tuko Transportation Services
- A request for a Booking constitutes an offer by you to purchase Tuko Transportation Services in accordance with these Terms. This Booking request will set out the main characteristics of the Tuko Transportation Services (including pick up and drop off points). Your offer shall only be accepted when Tuko issues written confirmation of the relevant Tuko Transportation Service via text message, email or push notification from Tuko's mobile application, at which point and on which date and time a contract for Tuko Transportation Services to which the Booking relates shall come into existence (“Contract“). There is no obligation on us to accept a Booking and it may be declined for any reason. If a driver becomes unavailable after we have provided you with written confirmation of the Contract, we will endeavour to find you another driver for your Booking. Where an alternative driver cannot be found, we reserve the right to terminate the Contract without compensation to you.
- The Community Guidelines form part of your Contract with Tuko UK.
- We will inform you of the estimated time of driver arrival and estimated time of journey completion, but these are estimates only and time shall not be of the essence. If we cannot accept your Booking request, we will inform you of this and will not charge you for Tuko Transportation Services. Your Contract will end when the passenger journey ends or as otherwise may be provided for in these Terms.
- The price for the Contract (which will include VAT, if applicable) will be provided to you via Tuko’s mobile applications and/or websites before you place your Booking request. This may include relevant surcharges (including airport pickup, dropoff, tunnel tolls, parking or other airport charges) and/or tolls, road charging schemes, including congestion charge, charges for low emission or similar zones, and road tax. You may be charged a different amount than the price provided in certain situations, including but not limited to, material changes to the pick/up drop off point, route taken, driver waiting time, stops or traffic. In this situation, the rates that will apply will be available to you via Tuko's mobile application and/or websites. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the transportation services. Additional charges may also apply, for instance if you, or any passenger, soils, contaminates, or damages a vehicle, in which case you may be charged for such damage, as well as for a cleaning fee as more particularly set out in the Community Guidelines.
- Our accepted payment methods are set out on our App. When you make a Booking request, Tuko UK may need to verify your payment method by issuing a temporary authorisation hold from your bank. For more information, please click here. When Tuko UK has completed the Tuko Transportation Services, if you think a payment is incorrect, please contact us promptly to let us know.
- You can make changes to your Contract through Tuko's mobile application. It will confirm if the change is not possible.
- Tuko UK and its affiliates may make changes to its Tuko Transportation Services at any time, including to reflect changes in relevant laws and regulatory requirements.
- Your right to cancel a Contract depends on when you decide to end the Contract. Please see Section 6 of these Terms for Cancellation of a Contract as well as our Cancellation Policy for Rides. If Tuko UK is not at fault, and you do not have a right to change your mind, you can still end your Contract, but you may be charged a cancellation fee in accordance with our cancellation policy. To cancel your Contract, please follow the steps on the Tuko's mobile application. Tuko UK will make refunds due to you as soon as possible, where applicable.
- Tuko UK may end your Contract in certain circumstances, as provided for in these Terms. If Tuko UK ends the Contract, Tuko UK will refund any money you have paid in advance but it may deduct or charge you as compensation for the net costs it incurs if you have broken the terms of the Contract.
- Tuko UK also provides to you certain booking services which include:
- Accepting Bookings requested by you (which include Bookings requested in advance by you using the “scheduled ride" function in the Tuko app) in accordance with sub-paragraph 3.4 above, but without prejudice to Tuko UK's rights at its sole and absolute discretion to decline any such request and/or cancel an accepted Booking;
- Keeping records of Bookings;
- Remotely monitoring transportation services booked using the Tuko app;
- Receiving and dealing with feedback, questions and complaints from you relating to Bookings accepted by Tuko UK, which may be made at tukoapp.com/contact-us; and
- Managing any lost property queries,
(together the "Booking Services").
1. What if there's a problem with my Tuko Transportation Services
- If there is a problem with Tuko Transportation Services, or if you have a complaint, please contact us on the details set out in the “About Us” section above.
- Please note, however, that all private hire vehicles are required by law to hold and maintain PHV insurance in order for drivers to legally carry and transport passengers. If your problem relates to a motor incident, please contact us for your driver's insurance details in order to progress matters. We will not be liable for any matters covered by your driver’s PHV insurance unless and until you have exhausted all potential remedies related to motor accidents.
- If Tuko UK, or its affiliate entities, are liable to you in connection with the Booking Services or Tuko Transportation Services, its liability, insofar as is permitted by law, will be limited to an amount equal to £500 in aggregate.
- Tuko UK, and its affiliate entities, are not liable for business losses. Tuko Transportation Services are provided only for private use. If you use Tuko Transportation Services for any commercial or business purpose Tuko will have no liability to you for any loss of profit, loss of business, loss of revenue, business interruption, or loss of business opportunity (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms).
- Tuko UK does not exclude or limit its liability in any way to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, workers, agents or subcontractors; for fraud or fraudulent misrepresentation and for breach of your legal rights in relation to the Tuko Transportation Services.