GENERAL TERMS & CONDITIONS OF USE OF THE PLATFORM & THE SERVICE UNDER THE TRADE NAME «SeaBlue Travel» FOR TRAVELLERS
- I. IN GENERAL
- II. TERMS & CONDITIONS FOR THE TRANSPORT SERVICES
- 1. Description of Transport Services
- 2. Legal Status of the Company
- 3. Policies of Transport Services
- 4. Declarations of Travellers
- 5. Company’s rights- Limitation of Liability
- 6. Charges and Payment Policy
- 7. Travellers’ opinion
- 8. Disclaimer
- IV. GENERAL LEGAL TERMS
- 1. Copyright
- 2. Τechnical Support
- 3. External links
- 4. Contact
- 5. Final Terms
- 6. Waiver
- 7. Invalidity of Term
- 8. Assignment
- 9. Applicable Law/Jurisdiction
- V. ACCEPTABLE USE OF THE PLATFORM POLICY
I. IN GENERAL
The Company reserves the right at any time, without providing any justification and without prior notice to the User, to cancel, suspend or terminate the operation of the Service, to revoke or customize the Platform, or certain features of the Platform and the Service. The Users are solely and exclusively responsible and liable with regard to the use of the Platform and the Service.
BY ACCEPTING THESE TERMS IN ACCORDANCE WITH THE ABOVEMENTIONED, THE USERS (AS WELL AS ANY THIRD PARTY ACTING ON THEIR BEHALF (the “AUTHORISED USERS”) EXPRESSLY AND UNCONDITIONALLY DECLARE THAT THEY HAVE THE LAWFUL AGE WHICH ALLOWS THEM TO BE BOUND BY THESE GENERAL TERMS AND HAVE OBTAINED ALL THE NECESSARY APPROVALS AND LICENSES FOR THEIR REGISTRATION IN THE PLATFORM AND THE USE OF THE SERVICE.
1. Description of Transport Services to Travelers
1.1 Booking a Transport Service with Us, means that a Driver will become the person who will greet and welcome You to their city, and / or will transfer You during Your stay.
In particular, the transport services that You can book through the Platform, are the following (hereinafter referred to as ” Transport Services ” or “Pickups” or “Transfer” ):
- 1.1.1 Travellers’ Transport from and to airports, ports, train stations, bus stations.
- 1.1.2 Travellers‘ Transport from and to place of residence.
- 1.1.3 Travellers‘ Transport from and to sightseeings.
- 1.1.4 Travellers’ Transport from and to a point of interest in the city, including stop(s) over (for food, activity, photos, etc.). 1.1.5 Travellers’ Transport while in tour and transport from and to places of activities based on their interests.
- 1.2 At the point You will be welcomed by the Driver, You will receive products that You may have purchased from Us. and/or products that the We distribute free of charge (souvenirs, local
sweets, city maps, etc.).
- 1.4 To make Your pick ups a personal experience for You, We will forward You the Driver’s name, surname and their mobile phone and/or their photo in case We have been provided with
We are not a licensed private hire operator, nor a transportation carrier and WE DO NOT provide the Transport Services. We act solely as an intermediary between You and the Driver. By booking Your Pickup through the Platform, You enter into a direct and legally binding contractual relationship with the Driver who accepts Your Pickup. The Company provides information and a method to facilitate the Transport Services, but does not intend to provide Transport Services or act in any way as a transportation carrier, therefore has no responsibility or liability for any Transport Services provided to You by the Drivers.
2. Legal Status of the Company
2.1 Our Company provides electronic or telephone mediation services for the transport of Travellers. As an e-mediator body in the Transport Service that Drivers carry out, we act solely as intermediaries between the Travellers and the Drivers. Through its Platform, the Company provides mediation services for the provision of Transport Services from Drivers to Travelers. Actually, the Company does not itself provide nor could it be considered to provide the Transport Services by itself, since it is not a licensed transport operator. In case that You make a booking of a Transport Service through the Platform, You acknowledge that you are entering into a contract for the provision of the Transport Service solely with the Drivers and You and the Driver bear sole liability for the fulfillment of the provision of the Transport.
2.3 The Company does not represent You or the Driver, so it does not provide any guarantees regarding the quality of the Transport Services, the completion of the Transfer, Travelers’ and Drivers’ behavior. In addition, the Company does not represent or act on behalf of any transport company.
2.4 Please note that Drivers do not have an employment relationship with the Company or its partners. The Platform constitutes a method of linking You to Drivers. In addition, the Company does not provide any insurance to Drivers or to their vehicles and assumes no liability if You lose Your staff while on a Pick Up.
2.5 The Company may refer Drivers to You for the provision of the Transport Services. It will not evaluate the suitability, legality or ability of any Driver and You expressly waive and relieve the Company of any and all claims, liabilities or damages arising from, or are in any way related to, the Driver. The Company shall not be part of any dispute between You and the Drivers. By booking Transport Services, You acknowledge that the Company has no involvement in the contractual relationship between the Driver and You, however the Transport Services are governed by these General Terms.
2.6 The inter-Mediation services We provide are only available for personal, non-commercial use. Therefore, it is not permitted to resale, distribute through deep-link, use, copy, track (e.g. through spider, scrape), display, download or reproduce any content or information, software, products or services available at the Platform, for any commercial or competitive activity or purpose.
3. Policies of the Transport Services
3.1 Booking Policy
We do not operate Our Service in every city. To find out if We can serve You in Your destination, You have to check with Us.
You are solely responsible for submitting Us Your real personal data when booking a pick up with through Us. You also warrant and represent that Your are the holder or have legal rights on the payment cars/ accounts details You provide Us with and that there is enough money to cover the value of the Transfer Service. We may proceed (however, are not obliged to) in an examination process of the payment details You provide Us with when choosing credit card as a payment method or via Online Providers. In case an error, misleading statement or other problem occurs, We may, at Our sole discretion reject Your Order.
3.2 Traveller Cancellation Request Policy
You have the right to cancel a Transfer already booked through Us, at any time by contacting the Company either by phone call at the phone number provided in the confirmation email or in the website or email sent to email@example.com.
If a cancellation request is received by Us up to 24 hours prior to the scheduled pick up time, you have the following options:
a) reserve the amount paid to be used for any future Transfer in the cities we operate. In this case, You get a coupon equal to this amount, which can be used by You or You can even pass it to another Traveller, and can be used for a limited period of 12 months from the day of your cancellation request. If the coupon amount is higher the cost of the new booking, there is no refund for the difference, the total cost of the new booking is covered by the coupon. If the coupon amount is less than the cost of the new booking, the Traveller will have to proceed with a payment of the difference. The coupon is issued for a single use and can not be canceled.
b) proceed with cancellation. In this case, there is a cancellation fee of 20% of the amount paid which will be held by Us. The rest 80% is refunded to You.
If a cancellation request is received by the Company within less than 24 hours prior to the scheduled pick up time, it is considered as a last minute and non refundable cancellation, resulting in a 100% cancellation fee and NO refund to the Traveller.
3.3 Traveller Change Request Policy
You can contact the Company via a phone call at the phone number provided in the confirmation email or in the website or email at firstname.lastname@example.org and ask to change any of the booking details up until 12 hours prior the scheduled pickup time.
Depending on the changes requested, the Transfer price might change. On that occasion, the new Transfer price will be communicated to You, and the new Transfer details will be in effect once there is payment confirmation of the new Transfer price where applicable. If the new Transfer price is less, the Company shall partially refund You. If the new Transfer price is more You should give us Your consent to charge Your card with the additional amount (if any) due to the change request.
The Company cannot accommodate any changes to the details of Transfers requested within less than 12 hours prior to the scheduled pickup time. I n this occasion, the Transfer will either be operated as initially booked, or the You can proceed with a cancellation request, as per the Traveller Cancellation Request Policy.
3.4 Complimentary Waiting Time Policy
Your Welcomer will be waiting for You at the Pick Up place at the time that is scheduled in the Booking Order, subject to the provisions of this Complementary Waiting Time Policy and Extra Waiting Time Policy, so You must make sure that You show up in time, to avoid as being marked as a non-show where all the Terms of the Travellers’ No – Show Policy apply.
The Company offers the following complimentary waiting times, depending on the type of Transfer booked:
- Airport: 60 minutes
- Port, Train Station, Bus Station: 30 minutes
- Other pickups (incl. Sightseeing Rides): 20 minutes
The complimentary waiting time starts counting from the scheduled pickup time.
More specifically, for an airport/port pickup where the scheduled pickup time is other than the flight/ship arrival time and the flight/ship is delayed and expected later than the scheduled pickup time, the new arrival time becomes the pickup time.
For an airport/port pickup where the scheduled pickup time is the flight/ship arrival time and there is a flight/ship delay, the complimentary waiting time starts from the moment the flight/ship arrives provided the Traveller has provided correct and adequate flight/ship details to allow for the tracking of the arrival. The above is true for up to 8 hours of flight/ship delay. If the flight/ship is delayed more than 8 hours, the Transfer is cancelled and the entire Transfer fee is refunded to the Traveller.
For an airport/port pickup where the pickup time is the flight/ship arrival time and the flight/ship arrives earlier than the scheduled time, the scheduled pickup time remains the initial scheduled pickup time.
For an airport pickup where the Travellers are arriving with more than one flights, the Company considers the scheduled pickup time to be the one declared by the Traveller as the arrival time during the booking, or an updated arrival time as per the Traveller Change Request Policy. Any notes left by the Traveller during the booking mentioning several flights do not constitute a scheduled pickup time adjustment. In the occasion where a group of Travellers arriving with multiple flights landing at different times have booked one Transfer, it is suggested that they add in the flight details the flight arriving last.
3.5 Extra Waiting time Policy
Extra waiting time is defined as an amount of time in addition to the complementary waiting time offered by the Company for which the Traveller asks the Driver to wait for them.
You can ask for the Driver to wait for You longer than Company’s complementary waiting time as per the Complementary Waiting Time Policy, either in advance (before the Transfer is operated) or the latest by the end of the complementary waiting time. You can do so by contacting Company’s Customer Support either by a phone call at the phone number provided in the confirmation email or in the website or by sending an email at email@example.com. The Company can guarantee only the complimentary waiting time as additional waiting time for the Traveller if the extra waiting time has not been asked for at least 12 hours before the scheduled pickup time.
If You request an extra waiting time and the assigned Driver can accommodate this, an extra fee will be charged to You for every 15 minutes of extra waiting time, as follows:
- For a Pickup where a Sedan car-type is assigned: EUR 6.00 / 15 min
- For a Pickup where a Minivans car-type is assigned: EUR 9.00 / 15 min
- For a Pickup where a Minibus car-type is assigned: EUR 12.00 / 15 min
The Company does not charge any additional commissions to these fees.
When the extra waiting time request can be accommodated by the Driver, You have to consent on the additional applicable fees either over a phone call with the Company or by completing the transaction by Yourself in the link that the Company shall send to You . Payment of the fee can be made either in cash directly to the Driver before the start of the Transfer, or electronically to
3.6 Traveller No-Show Policy
Traveller No-Show (TNS) is defined as a Traveller not being at the pickup location by the end of the complimentary waiting time, or the extra waiting time if that has been agreed between the Traveller, the assigned Driver and the Company as per the Complementary Waiting Time Policy and the Extra Waiting Time Policy .
The pickup location is defined as the place where the Traveller has asked to be picked up from. In case of airport/port pickup, the Company notifies You via the booking confirmation email the exact pickup location where the Driver will be waiting for You (i.e. Arrivals hall, Departure hall, etc.).
In the occasions where the Traveller fails to appear at the pickup location by the end of their complementary waiting time, or the end of the extra waiting time, or if an “Extra Waiting Time” request has not been able to be accommodated by the Driver, the Transfer is marked as a “Traveller No Show” (“TNS”). In this case no amount is refunded to the Traveller. If an extra waiting time was agreed with the Traveller as per the Extra Waiting Time Policy, the Traveller must pay the extra waiting fee as well.
If You are not at the pickup location at the scheduled pickup time, and the Pick up place is an Airport, Port, Train Station or Bus Station, the assigned Driver will try to contact You via text/Whatsapp/Viber or he will try to call You on Your Mobile. By booking a Transfer You consent to Us providing Your mobile phone number to Your Welcomer.
A possible TNS will be reported by Your Welcomer to the Company, at the following times:
- For airport pickups by 45 minutes of a Traveller’s delay to appear at the pickup location after the scheduled pickup time
- For Port, Train Station, Bus Station pickups by 15 minutes of a Traveller’s delay to appear at the pickup location after the scheduled pickup time
- For Sightseeing Rides and other Transport Services by 5 minutes of a Traveller’s delay to appear at the pickup location after the scheduled pickup time
By the end of Your complimentary waiting time, the following will happen:
- If You have not been reached (have not replied) , We must “release” the Driver. In this occasion, the Transfer is marked as a “TNS”.
- If You have been reached and have communicated that You will be at the pickup location by the end of the complimentary waiting time, We must inform the Driver to wait. If You fails to appear by the end of the complimentary waiting time, We will make one final effort to reach out to You, and depending on the outcome, either release the driver immediately, or follow Company’s Extra Waiting Time Policy accordingly.
- If You have been reached and You have asked for extra waiting time, We will contact the Driver whereas the Extra Waiting Time Policy will apply accordingly.
You have 24 hours to dispute a TNS by contacting Welcome’s Customer Support. In the occasion You dispute a TNS, if the Driver was at the pickup location between the scheduled pick up time and the end of the complimentary waiting time (or extra waiting time if applicable), there is sufficient evidence to assume the Driver was at the pickup location as per Company’s policies. If there is sufficient evidence to assume that both You and the Driver were at the pickup location but failed to meet each other and the Transfer was not operated, You will be refunded 80% of the Transfer price, whereas the 20% will be kept by Us in order to cover partially Driver’s fee, since the Company is responsible to pay them their fee.
3.7 Driver No-Show Policy
The Driver must be at the pickup location by the scheduled pickup time. If the Driver is to be up to 10 minutes late, they will contact and notify the Traveller (via call and text/Whatsapp) as much in advance as possible, and the latest by the scheduled pickup time. If the Driver is to be more than 10 minutes late, they will contact and notify Company ’s CS as much in advance as possible, and the latest by the scheduled pickup time. Company ’s CS will contact the Traveller and notify them of the expected Driver delay.
3.8 Baggage Allowance Policy
When booking the Transfer, You are requested to declare the number of pieces of luggage You will be carrying with them during the Transfer.
One piece of luggage is considered to be
- A medium to large sized backpack
- An average suitcase, whether it’s a carry-on or checked-in type (volume not to exceed 100lt)
Should You carry additional items such as baby carriages, pet carriers, sports equipment, foldable wheelchairs, musical instruments, etc. You must declare one piece of luggage for each one of those items and add a note to the booking describing them. The Company might contact You for clarifications and adjust the booking details accordingly in order to ensure the proper car-type is assigned to operate the Transfer.
The Transfer price and the car-type assigned to operate the booked transfer are calculated amongst other factors based on the number of Travellers and pieces of luggage declared. If You appears with more travellers and/or carrying more pieces of luggage than declared, and the assigned Driver cannot safely and legally accommodate these, the Driver will contact Company’s CS before the start of the Transfer explaining the situation, and assist You in hailing another Vehicle. In that occasion the Driver will only carry the number of Travellers and pieces of luggage declared in the Transfer booking.
If You appear with more Travellers and/or carrying more pieces of luggage than declared, and the assigned Driver can safely and legally accommodate these (i.e. in the case where a Minivan car-type accepted a Sedan car-type Transfer), the Driver must contact the Company’ before the start of the Transfer explaining the situation. If the additional number of Travellers and/or luggage combination yield a different Transfer price, the Company will recalculate this and notify You accordingly. If You consent to paying the additional charges, the Driver will accommodate the additional passengers and/or pieces of luggage. Otherwise, the Driver will kindly assist You in hailing another vehicle and carry the number of Travellers and pieces of luggage declared in the Transfer booking.
The Company will not bare the cost of any other means of transportation used by You.
3.9 Traveller Refund Policy
Transfer fee paid by a Traveller will be offered as an open date coupon (as mentioned in article 3.2 Traveller Cancellation Request Policy) in the following occasions:
- If the booked Transfer is canceled by the Company for operational capacity reasons
- If the booked Transfer is canceled due to a force majeure incident (strike, demonstration, natural disaster, accident, etc.)
- If the Transfer is canceled due to a flight/ship delay over 8 hours as per the Complimentary Waiting Time Policy
- If the Company receives a Traveller cancellation request up to 24 hours prior to the scheduled pickup time, as per the Traveller Cancellation Request Policy, there is a cancellation fee of 20% of the amount paid which will be held by Us. The rest 80% is refunded.
- If the Company receives a Traveller cancellation request within less than 24 hours prior to the scheduled pickup time, as per the Traveller Cancellation Request Policy, it is considered as a last minute and non refundable cancellation, resulting in a 100% cancellation fee and NO refund to the Traveller.
In the occasion of a Traveller-disputed “Traveller No-Show”, if there is sufficient evidence to assume that both the Traveller and Driver were at the pickup location but failed to meet each other and the Transfer was not operated, the Traveller will be refunded 80% of the Transfer price as per the Traveller No-Show Policy.
4. Travellers’ Rights and Obligations – Representations – Warranties
4.1 TRAVELLERS’ REPRESENTATIONS-WARRANTIES : By using the Platform, You agree:
- to provide true, accurate, complete and updated information about yourself at the booking form, and update them whenever necessary. The Company is not obligated to monitor or control the accuracy of information provided by You. If any information provided by You is not in accordance with these provisions or if the Company has reasonable grounds to suspect that such pieces of information do not agree, the Company has the right to refuse Your registration, and suspend or terminate immediately, regardless of notice, the registration of Your account and refuse any and
every use, present or future, of the Services that require registration. In this case, You shall not be entitled to any indemnity or compensation for the refusal, suspension or cancellation of Your registration.
- that You will not use the Platform: for any unlawful purpose; in any way that interrupts, damages, impairs or renders the Company less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or
disability or otherwise; to advertise or promote third party or Your own products or services;
- to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation
- and acknowledge that we have limited control over the nature and content of information received by You or other users of the Platform. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If You have a complaint about another user please contact us via the Platform;
- to comply with all applicable laws from Your home nation, the country, state and city in which You are present while using the software or Service;
- to treat Drivers introduced to You through the Platform with respect and not to cause damage to their Vehicle;
- to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of Your breach of this agreement.
- that the email (e.g firstname.lastname@example.org) that You use to register on the Platform shall not resemble to Company’s company name. Also log in passwords deemed offensive may be deleted, as well as containing a URL or email address.
- that You shall not use the Service or software to cause nuisance, annoyance or inconvenience
- that by accessing and using the Services via mobile devices, or by using certain mobile features, You may incur fees from the provider or carrier of the mobile services that You use (“Carrier”) and You are solely responsible for the payment of such fees.
4.2 You acknowledge and agree that You must avoid any action that may cause traffic safety problems. Particularly, You warrant and represent that You will:
- not in any way hinder the Driver from driving safely during Your transfer,
- not attempt to disembark or board the vehicle when it is moving,
- not smoke,
- not open windows and doors without the Driver’s consent;
- be decent, courteous and not display inappropriate, abusive, provocative or threatening behavior in any way during the Transfer;
- not take any action that may cause damage to the Driver’s Vehicle,
- take care that the children, animals and objects to be transferred are done so with responsibility,
- Not throw objects inside or outside the Vehicles or pollute them in any way,
- Carefully observe the instructions for traveling with young children and for the transport of infant and kid strollers, luggage, bicycles and pets,
- not consume food and drinks throughout Your Transfer and until the end of the Transfer.
- not embark on a Vehicle with dirty or contaminated clothing
4.3 In cases where You carry animals and/or objects during the Transfer and the Vehicle is damaged/destroyed or gets dirty somehow due to them, You undertake the obligation to pay for any such damages.
5. Company’s Rights
5.1 Definite deactivation (deletion) of the Platform: Save as provided in these General Terms the Company expressly reserves the right to delete the Platform and the Service respectively, in the following cases at the Company’s absolute discretion: a) in case You violate the Acceptable Use Policy of the Platform, and / or b) violates any term or provision mentioned and at the Company’s absolute discretion this violation causes immediate risk-loss to the Company and / or to any other User of the Platform c) has committed, at the Company’s absolute discretion, a penal or other offence, during the use of the Platform and the Service and / or the Transport Services and/or d) for any other important reason referred to herein.
5.2 In the above cases, the Platform/Service is deactivated immediately and automatically, without the Company providing to the Traveller the right to remove the violation, expressly reserving all its legal rights, including the right to compensation for any damage that may have been suffered by the acts and / or omissions of its Users according to the above mentioned.
5.3 Temporary de-activation (deletion) of the Platform : Save as provided in these General Terms regarding the deactivation (deletion) of the Platform, the Company expressly reserves its right at its sole discretion to temporarily deactivate the Platform/Service, directly and without any penalty in the event that it considers that the Traveller has breached or has violated any applicable law and until the Traveller removes the breach within the time period drawn by the Company, at its sole discretion. In the event of the Traveller’s non-compliance, the Company may definitively deactivate the Platform for the Traveller, expressly reserving all its lawful rights, including the right for compensation of any damage suffered by the User’s actions and / or omissions in accordance with the above mentioned.
5.4 It is expressly agreed that in the event of a permanent or temporary deactivation (deletion) of the Platform as per articles 5.1 and 5.2 above is based on automated means, the user is not entitled to claim compensation of any damage caused by the deactivation of the Platform/Service, in accordance with the above provisions, even if the evidence on which the Company was based for the deletion of the Platform was incorrect since the user acknowledges and accepts that the automated means used by the Company to identify any illegal or contract breaching actions of users are based either on generalised / automated electronic commands of a software program that may include and / or make errors or on complaints by other Users.
5.5 Termination of the Platform s Function: The Company reserves the right, for technical reasons, maintenance and / or upgrade of the Platform, to discontinue the function of the Platform/Service temporarily and at regular intervals. In the event that this interruption lasts more than a reasonable period of time at the absolute discretion of the Company or such interruption has already been scheduled by the Company, the latter will notify its Users. It is expressly agreed that Users may not raise any claim against the Company for any loss or damage whatsoever arising out of this reason even if the Company, at its sole discretion, does not give notice of such interruption.
5.6 Except as expressly set forth herein, the Company may at any time terminate, change, suspend or discontinue any particular function of the Platform, including the availability of the Service itself, provided that it notify Travellers in writing within reasonable notice period before the termination date as per this article.
5.8 In addition, the Company does not provide any warranty for (a) the appropriate, effective, and efficient function of the Platform with regard to the purpose for which the Traveller uses it; (b) the compatibility of the Platform with third party software that Driver may use, unless these (software) are provided by the Company and only to the extent the Company has guaranteed for them in the relevant licenses provided to the Travellers (c) the proper and efficient execution of the Drivers’ transaction Obligation.
5.9 Limitation of Obligations: The Platform and the Service is provided “as it is and is made available” and in a fully automated manner and does not include the importation by the Company of any element in the Service’s system nor any customisations on an ad hoc basis. The Application may in the future be parameterised, at the sole discretion of the Company.
5.11 Limitation of Liability. In addition to what is expressly stated herein, the Company has no civil, penal and bears no liability towards the Traveller, any Authorised Users, their Affiliates, Employer or employee and / or any third party rendering rights whatsoever, in case that any of these persons, during using the Service, suffer any damage, loss, direct or indirect, incidental or damage for loss of profits, business, income, reputation, sales of products and frequency of services’ provision, or any other direct, indirect or repayable, economic or otherwise, loss of profits, due to:
5 .11.1 Delayed or inappropriate sending, transmission, maintenance, retention, downloading of any data, information or /and Content and / or loss and destruction of such data due to mistakes, omissions, malfunctions or dysfunctions of telecommunication Networks, the Internet, the website, Internet Service Providers.
5.11.2 Any permanent or temporary disabling of the Service, any termination of the Service or its individual functions, or any technical collision of the Service in accordance with the terms herein.
5.11.3 Events, situations, acts, actions and / or omissions by the Company or third parties including the Users/Authorised Users for which the Company does not provide any warranties and is not bound by the terms herein.
5.11.4 Use by the Drivers or third parties of Travellers’ data (including any personal data) for purposes other than the use of the Service
5.11.5 Infringement of applicable law on the protection of personal data or other applicable legislation which relates, for example, to the use of the Service
5.11.7 Any discrepancy between the time system of the Service and an officially defined time system.
5.11.8 Events of force majeure.
5.11.9 Drivers mis conduct and/or breach of any laws on their behalf. Drivers non show, or delays other than as assumens herein.
5.11.10 Loss of staff during the transfer or any accident.
5.12 THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES THE TRAVELLER MAY SUFFER INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, INCORRECT DELIVERY, NETWORK OR SYSTEM, DAMAGE FILES, INTERRUPTION OF SERVICE CAUSED BY NEGLIGENCE , FROM ERRORS AND / OR OMISSIONS OF THE USERS .
5.13 COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, FAILURES DELIVERY OR ANY OTHER LOSS OR DAMAGE ARISING FROM DATA TRANSFER VIA NETWORK AND INSTALLATION COMMUNICATIONS INCLUDING INTERNET WHILE USER – TRAVELLERS RECOGNIZES THAT THE SERVICE AND ANT DATA SENT BY HIM/HER ARE SUBJECT TO LIMITATIONS OF DELAYS AND ANY OTHER PROBLEMS WHICH
ARE RELATED TO THE USE OF THESE MEDIA COMMUNICATIONS.
5.14 In any case, it is expressly agreed that the Company is liable only for direct damages that result from deception or gross negligence on its part. Subject to mandatory legal provisions, the liability of the Company for direct loss due to gross negligence irrespective of legal reason is expressly excluded. The Company’s liability for indirect or consequential damages, irrespective of reason, is completely and explicitly excluded. Subject to the limitations set forth herein and to the extent permitted by law, any liability of the Company is limited to the total amount corresponding to the total cost of the Transport Service.
5.15 LIMITATIONS AND RESTRICTIONS SET HEREIN WITH REGARD TO DAMAGE COMPENSATION SHALL APPLY EVEN IF THE PRESENT TERMS AND CONDITIONS ARE NOT MET AND SATISFIED OR EVEN IF THEY ARE CONSIDERED VOID OR UNENFORCEABLE AND THE USER ACKNOWLEDGES THAT THESE LIMITATIONS ARE JUST AND CONSTITUTE THE BASIS OF THIS DOCUMENT AND THAT WITHOUTTHEM THE COMPANY WOULD NOT PROCEED.
5.16 Provision of Information : The Company, if so requested by a competent prosecution, supervisory, judicial or other Authority, is obliged to transmit the data of the Users and/or of Third Parties, including any personal data of Authorised Users provided to the Company in accordance with the present General Terms, as well as any other data and any other information provided by them without their prior notice or consent, on the grounds of necessary protection measures against risks to state and public security as well as for prosecution reasons, including tax crimes and offences.
6. Charges and Payment Policy
The Company facilitates pre-payment via PayPal, Braintree, Checkout or Shopify, Checkout or Shopify of a Traveller’s Transfer, The cost of a Transfer (“Transfer Cost”) is the amount shown to You when You get a quote via the Platform or the amount shown to You before payment. Transfer cost includes Driver’s fee and Company’s revenue. The Company’s Revenue is calculated on a percentage basis or may be a fixed fee and its calculation may change without any previous notice to You and according to the Company’s will and as it is deemed necessary for Company’s business.
The Driver is solely responsible for providing a printed receipt to the Traveller and abiding with local tax regulations on the income generated by the Transfer. We do not hold any responsibility whatsoever for tax compliance of the Driver and/or Traveller with local tax authorities.
Refunds: The full amount of the Transfer Cost (including the Company’s Revenue), is charged immediately following completion of such election to the Traveller’s authorized PayPal,Braintree, Checkout or Shopify account and transferred (less the Company’s Revenue) to such Driver’s account.
About the Refund Policy please see section II. 3 -Policies of Transport Services.
Promotional Offers: The Company, at its sole discretion, may make available promotional offers with different features to any of Travellers.
Facilitation of Payments: All Donations or Charges, as applicable, shall be facilitated through PayPal or Braintree or Checkout or Shopify, Company’s third-party payment processing service.
7. Traveler Opinions
7.1 Only the Travellers who have received the Transport Service may rate / comment the Transport Service, the Drivers, their vehicles or whatever else they deem appropriate and worthwhile of annotation or of positive or negative remark.
7.2 In particular, the Company, upon completion of the Transport, sends an email to the Traveler in order to invite them to rate the Driver who carried out the Transport, and the Company. The Traveler rates the Driver by setting a score from one (1) up to five (5) stars. For a score of three or less stars, the Traveler should choose one of the reasons presented to them to justify their negative feedback. In any case the Traveler has the right to send to the Company comments regarding the Driver, the Company, the Transport and / or anything else.
7.4 The Company does not indemnify or reward Travelers who have sent their rating / feedback. Travelers’ review, rating and comments may be used by the Company at its absolute discretion to inform Travelers for marketing purposes and for purposes of its own evaluation of the Drivers.
7.5 Travelers have the right to publish ratings / comments in public media, for example, social media or websites such as FB, TRIPADVISOR and it is at the discretion of the Company whether to consider these ratings / comments too, as part of Your evaluation by the Company and how these are managed in general.
By entering into this agreement and using the software, the Platform or Service, to the extent permitted by law, You agree that You shall defend, indemnify and hold the company, its licensors and each such party’s parent organizations, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, shareholders, officers, directors, employees, representatives, members, attorneys, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the software and its contents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including personal data, comments, and ratings) of the users as made available on our software, (iii) the services rendered by the driver, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by You (including attorneys’ fees and costs), pursuant to, arising out of or in connection with the use, inability to use or delay or virus of our software and/or the server that the software is hosted, or (v) for any (personal)
injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by You, whether due to (legal) acts, errors,
breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the user (its employees, directors, officers, agents, representatives or affiliated companies)(including attorneys’ fees and costs), including any (partial) cancellation, double-booking, strike, force majeure or any other event beyond our control (vi) any information on this software sometimes linked to external sites over which our services have no control and for which we assume no responsibility (vii) any user violation or breach of any term of this agreement or any applicable law or regulation, whether or not referenced herein.