Rides Terms for Passengers

Who You Are Contracting With

OnFire is operated by two companies. Which one you contract with depends on where you are located.

This document is the version that applies where your counterparty is OnFire Messenger Ltd. If your counterparty is OnFire Messenger Inc., the corresponding United States version applies to you instead, and is available in the OnFire Legal Center at https://onfire.so/legal.

If you are located outside both the European Economic Area and the United States, contact [email protected] and we will confirm which terms apply to you before you rely on this document.

Data protection. Where this document concerns personal data, the company named above as your counterparty is the data controller for your personal data. For users in the European Economic Area that is OnFire Messenger Ltd., and the supervisory authority is the Irish Data Protection Commission. For users in the United States that is OnFire Messenger Inc., and the rights set out in the United States Privacy Policy apply instead.

If you move, or deal across regions. The company you contract with is determined by where you are located when you use the Services. If you relocate permanently to the other region, the version applying to that region will govern your use of the Services from that point. Dealing with a user, merchant, courier, driver or host located in the other region — for example, buying from a seller in the United States while you are in the European Economic Area — does not change which company you contract with, and does not affect any mandatory consumer protection you have under the law of your country of residence.

These Terms and Conditions ("Terms") govern the use of the OnFire App ride-hailing feature ("OnFire Rides") by passengers ("you", "Passenger"). By using OnFire Rides, you agree to be bound by these Terms. If you do not agree, you must not use OnFire Rides.

1. Using the OnFire App

1.1. OnFire Messenger Ltd. ("OnFire", "we", "us") provides an information society service through the OnFire App that connects passengers who wish to obtain transportation services with drivers who provide transportation services. OnFire acts as a marketplace operator and does not itself provide transportation services. Transportation services are provided by drivers under a separate agreement between the driver and the passenger.

1.2. To use OnFire Rides, you must register an account in the OnFire App and provide a valid mobile phone number. Your phone number is linked to your OnFire Rides account and is used for communication purposes in relation to ride bookings.

1.3. If you change your mobile phone number, you must notify OnFire at least seven (7) days before the change takes effect by updating your account details in the OnFire App. Failure to do so may result in loss of access to your OnFire Rides account.

1.4. When requesting a ride, you will be shown the estimated fare before confirming the booking. The fare may include:

• (a) a base fare;
• (b) a distance-based charge;
• (c) a time-based charge;
• (d) a booking fee payable to OnFire for facilitating the marketplace service;
• (e) applicable tolls, surcharges, or road charges incurred during the ride;
• (f) any applicable tips you choose to add.

1.5. Payment for rides may be made by cash or through in-app payment methods, depending on availability in your area. OnFire may introduce, modify, or discontinue payment methods at its discretion.

1.6. You are responsible for ensuring that the information you provide when requesting a ride (including pick-up location, destination, and number of passengers) is accurate and complete.

1.7. You must be present at the designated pick-up location at the agreed time. If you are not present, the driver may cancel the ride, and a cancellation fee may apply in accordance with Section 4.

2. Promotional Codes

2.1. OnFire may from time to time issue promotional codes ("Promo Codes") that may be applied to reduce the fare for a ride or provide other benefits.

2.2. Promo Codes are applied on a per-ride basis and any remaining value from a Promo Code cannot be carried over to subsequent rides unless expressly stated otherwise.

2.3. Only one Promo Code may be applied per trip. Promo Codes cannot be combined or stacked.

2.4. Each Promo Code has an expiration date, which will be reflected in the OnFire App. Expired Promo Codes cannot be redeemed.

2.5. OnFire reserves the right to cancel or deactivate any Promo Code at any time if OnFire determines, in its sole discretion, that the Promo Code is being used fraudulently, in violation of these Terms, or in a manner inconsistent with the intended purpose of the Promo Code.

2.6. Promo Codes are non-transferable, may not be sold or bartered, have no cash value, and may not be redeemed for cash.

3. In-App Payment

3.1. Where in-app payment is available and selected by the Passenger, OnFire acts as the commercial agent of the driver for the purpose of collecting payment from the Passenger on behalf of the driver. The Passenger's payment obligation to the driver is fulfilled when the Passenger issues a valid payment order through the OnFire App.

3.2. The Passenger authorises OnFire to charge the payment method on file for the total fare, including the base fare, distance and time charges, booking fees, tolls, surcharges, tips, cancellation fees, waiting time fees, and any other applicable charges.

3.3. OnFire will provide the Passenger with a receipt for each in-app payment transaction, which will be available in the OnFire App and/or sent to the email address associated with the Passenger's account.

3.4. If the Passenger has any issues or disputes regarding an in-app payment, the Passenger should contact OnFire at [email protected]. OnFire will acknowledge such requests within one (1) business day and endeavour to resolve any complaints within two (2) business days.

3.5. Upfront Fare. OnFire may offer an Upfront Fare option, whereby the fare for a ride is quoted and confirmed before the ride commences. Where an Upfront Fare is provided, the Passenger agrees to pay the quoted fare, subject to the following exceptions:

• (a) the Passenger changes the destination during the ride;
• (b) the actual route taken is materially longer than the estimated route (for example, due to the Passenger's instructions or road conditions);
• (c) unexpected circumstances arise that materially affect the ride (for example, significant traffic delays, road closures, or detours not foreseeable at the time of booking).

In such cases, the fare may be adjusted to reflect the actual ride, and the Passenger will be notified of any fare adjustment through the OnFire App.

4. Ordering and Cancelling Rides

4.1. A transportation service is ordered when a driver accepts the Passenger's ride request through the OnFire App. At that point, a separate agreement for the provision of transportation services is entered into directly between the Passenger and the driver. OnFire is not a party to this agreement.

4.2. The Passenger may cancel a ride request after a driver has accepted it. However, if the Passenger cancels the ride after a specified period (as displayed in the OnFire App at the time of booking), a cancellation fee may be charged. The cancellation fee amount will be displayed in the OnFire App before cancellation is confirmed.

4.3. If a Passenger engages in a pattern of excessive cancellations, OnFire may take the following steps:

• (a) issue a warning to the Passenger;
• (b) if the pattern continues, suspend the Passenger's access to OnFire Rides for a period of up to six (6) months.

4.4. If the Passenger fails to appear at the designated pick-up location within the waiting period specified in the OnFire App, the driver may cancel the ride, and the ride will be treated as a no-show. A no-show cancellation fee may apply.

4.5. Drivers may charge a waiting time fee for time spent waiting beyond the initial free waiting period at the pick-up location. The waiting time fee rate will be displayed in the OnFire App.

4.6. The Passenger shall be responsible for any damage caused to the driver's vehicle during the ride, including but not limited to damage caused by soiling, staining, or other physical damage to the interior or exterior of the vehicle. OnFire may charge the Passenger a damage penalty of up to EUR 50 (fifty euro) through the in-app payment method on file, without prejudice to the driver's right to claim additional compensation for damages exceeding this amount directly from the Passenger.

5. Licence

5.1. Subject to your compliance with these Terms, OnFire grants you a limited, royalty-free, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the OnFire App on your personal device solely for the purpose of using OnFire Rides in accordance with these Terms.

5.2. You may not:

• (a) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the OnFire App;
• (b) use the OnFire App for any commercial purpose other than as a Passenger;
• (c) remove, alter, or obscure any proprietary notices, labels, or marks on the OnFire App;
• (d) use the OnFire App in any manner that could damage, disable, overburden, or impair its functioning;
• (e) distribute, sublicence, lease, lend, or otherwise make available the OnFire App or any part thereof to any third party.

6. Liability

6.1. The OnFire App and OnFire Rides are provided on an "as is" and "as available" basis. OnFire does not warrant that the OnFire App will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

6.2. To the fullest extent permitted by applicable law, OnFire excludes all warranties, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

6.3. OnFire does not guarantee the availability, quality, suitability, or safety of the transportation services provided by drivers. OnFire is not responsible for the actions, omissions, conduct, or negligence of drivers.

6.4. To the fullest extent permitted by applicable law, OnFire's aggregate financial liability to any Passenger arising out of or in connection with the use of OnFire Rides shall not exceed five hundred euro (EUR 500). This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

6.5. OnFire shall only be liable for direct damages caused by its intentional breach of these Terms. OnFire shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.

6.6. Nothing in these Terms shall limit or exclude OnFire's liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded under applicable Irish or EU law.

6.7. Indemnification. You agree to indemnify, defend, and hold harmless OnFire, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of OnFire Rides; (b) your breach of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third party's rights.

6.8. OnFire reserves the right to immediately suspend or terminate your account and access to OnFire Rides if OnFire reasonably believes that you have breached these Terms, acted fraudulently, or posed a risk to the safety of drivers, other passengers, or the public.

7. Good Practice

7.1. The Passenger agrees to use OnFire Rides in good faith and in compliance with these Terms and all applicable laws and regulations.

7.2. OnFire reserves the right to close, suspend, or restrict a Passenger's account if the Passenger engages in any of the following conduct:

• (a) using OnFire Rides for any fraudulent, unlawful, or abusive purpose;
• (b) deliberately withholding or attempting to avoid payment for rides or other charges;
• (c) behaving in a disrespectful, threatening, abusive, or harassing manner towards drivers or other users;
• (d) damaging or misusing a driver's vehicle;
• (e) providing false, misleading, or inaccurate information in connection with their account or ride requests;
• (f) using OnFire Rides in a manner that interferes with the operation of the OnFire App or the provision of services to other users;
• (g) any other conduct that OnFire reasonably considers to be in violation of the spirit or purpose of these Terms.

7.3. Account closure or suspension under this Section does not relieve the Passenger of any outstanding payment obligations.

8. Amendments

8.1. OnFire reserves the right to amend these Terms at any time. OnFire will notify Passengers of any substantial amendments by email and/or through a notification in the OnFire App.

8.2. Amendments will take effect on the date specified in the notification. If the Passenger continues to use OnFire Rides after the effective date of any amendment, the Passenger shall be deemed to have accepted the amended Terms.

8.3. If the Passenger does not agree to the amended Terms, the Passenger must stop using OnFire Rides and may close their account by contacting [email protected].

9. Final Provisions

9.1. These Terms shall be governed by and construed in accordance with the laws of Ireland.

9.2. Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Ireland.

9.3. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of these Terms, which shall continue in full force and effect.

9.4. OnFire's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

9.5. These Terms, together with the OnFire Privacy Policy and any other policies referenced herein, constitute the entire agreement between the Passenger and OnFire with respect to the use of OnFire Rides.

9.6. For any questions or concerns regarding these Terms, please contact us at [email protected].

OnFire Messenger Ltd. — Registered in Ireland with company number 796932 Registered Office: 77 Camden Street Lower, Dublin, D02 XE80, Ireland