Lizenzvereinbarung zwischen TransferBooking und Carrier

(English version)

  1. General provisions

1.1. TransferBooking reservation service is owned by European Consulting Group s.r.o. shorten ECG s.r.o. (The Slovak Republic) Ltd. and it is available at https://transferbooking.org/ (hereinafter referred to as the “Service”). It offers a possibility to use the service to the Carrier (as defined in clause 1.2. below) under conditions defined in this License Agreement. This Agreement shall enter into force upon the expression by the Carrier of his/her consent to its terms in the manner described in the clause 1.3.
1.2. In this Agreement, the following terms are used with the following meanings:
“A Carrier“ is a legal entity, an individual entrepreneur or a person whose main activity is related to the provision of transportation services using an own or leased vehicle. A carrier that provides passenger transportation services by car must comply with the requirements established by legislation at the carrier´s location and/or the location of such activities, as well as the requirements established by this Agreement.
“The Carrier´s Customer zone“ is a section of the TransferBooking service, which contains the carrier identifier (identification information) and information about the Carrier, sets of personal settings for interacting with the Service, history created using the Service, information about Applications and other information necessary for performing transfer services. Customer zone is also used for communication between a Licensee and the Licensor.

A Client” is the same as a User.

A User” is an individual or legal entity that buys and uses the Transfer Service on the TransferBooking service website.

A Booking” – a reservation of passenger transportation services and other data that must be provided in order for the Transfer Service to be performed in accordance with the date and time specified by the Client.

The Carriage Rules” are the requirements of the TransferBooking service which the Carrier who performs passenger transportation services has to follow.

An Order“ – the same as a Booking.

A Voucher“ – a document confirming an order, which contains data on transfer Booking, information about the Carrier and other information and rules that are necessary for the carriage of passengers.

A Transfer Service” is the same as “a Transfer”.

A Transfer“ – a single service of the transportation of the Client, which has a certain set of conditions, such as: the time of the commencement of the service, the place of the commencement of the service, the end of the provision of the service and the price of  the service.

The Price of the Transfer” – the cost of a particular transfer service, shown on the TransferBooking service website.

A Contract of carriage” – using a special algorithm developed by the Licensor, the Service sends an Offer to the Carrier. If the Carrier agrees with the received Offer, the contract of carriage between the Carrier and the User is considered as concluded.

“An Application form” is a document provided by the Licensee to the Licensor in the form and content specified in Appendix 1 to this Agreement.

The Licensor” – Imperia Consulting Company (The Slovak Republic) Ltd.

The Licensee” means the Carrier who has concluded this Agreement with the Licensor.

The License fee” is the fee that the Licensee pays to the Licensor for using the Service under this Agreement.

An Offer“ – a proposal of the Licensor to perform a transfer, sent to the Licensee.

The Site” or The Website” is the same as the Service.

The Service” is the software of the Licensor and the website which is available at https://transferbooking.org, that receives information about the received Requests of Users and, using the algorithm created by the Licensor, selects the Carrier.

A Situation No Show” – a situation in which a User and a Licensee concluded the Contract of carriage, but the User did not appear in the agreed place of the beginning of the Transfer at the time of the beginning of the Transfer and within 15 minutes (60 minutes if the agreed place of the beginning of the Transfer is an airport). In the event of a flight delay, the User must notify the Service or the Carrier. But the Carrier is obliged to track flight delays independently. And arrive at the time of the landing of the delayed flight.

Parties“ – the Licensor and the Licensee.

1.3. After registration of the Licensee on the Service website and the provision of all necessary information for performing Transfer Services, it will be considered that the Licensee has accepted all the conditions of this Agreement in full, without any limitations or exceptions. If the Licensee disagrees with any provision of this Agreement, the Licensee is not entitled to use the Service.

  1. Provision of data by the Carrier on the TransferBooking service website

2.1. The Agreement enters into force and the Licensee completes the process of registration and authorization on the Service website as a Carrier. The Licensee must provide the Licensor the following scanned documents: insurance for each vehicle, extended insurance for the vehicle (if there is any), driver’s license with driving categories for each vehicle, a copy of the Application form, filled in, signed by an authorized person and stamped. The Licensee should send them by e-mail to the address offero@transferbooking.org. The Application form is considered as the consent of the Licensee to conclude an Agreement. After confirming his/her consent, the Licensee proceeds to fill in and provide additional information in the Settings section, presenting the registration information of the legal entity, an individual entrepreneur or an individual as a driver, payment details, PayPal details, registration addresses, phone contact details, e-mail, website. The Licensee must provide detailed information about his/her license for passenger services, state registration data and attach PDF or JPEG files. All information must be accurate and error free, scanned documents have to be in good quality.

  1. The License fee and the payment procedure

3.1. For granting the right to use the Service, the Licensee undertakes to pay the Licensor the License fee in the amount of 20% of the cost of all Transfer Fees received by the Licensee from the Users with whom he/she concluded Contracts of Carriage.
3.2. The Licensor takes the License by himself from the amount transferred by the User to the Licensor as payment for the Transfer in accordance with the agreement between the User and the Licensor.
3.3. If the User cancels the Transfer after the latest allowed time of the Transfer cancellation, established when the Transfer conditions were agreed (such time expires no more than 24 hours before the start of the Transfer), the Licensor will transfer the amounts received from the Users to the Licensee as payment of the Transfer Fee in the following order: 50% of the amount received minus the License Fee – in case the User has transferred 30% of the Transfer fee. 50% of the amount received minus the License Fee – if the User has transferred 100% of the Transfer Fee, and at the time of the cancellation the Carrier has already started to perform the Transfer; 30% of the amount received minus the License Fee – if the User has transferred 100% of the Transfer Fee, and at the time of cancellation the Carrier has not yet started to perform the Transfer, and no other License Fee shall be charged for this Transfer.
3.4. The User transfers the full or partial prepayment of the Transfer fee to the Licensor, and the Licensor transfers to the Licensee before the 15th day of the month following the reporting month the amount he/she had received (unless the situation described in paragraph 3.3. and/or clause 4 occurs), minus the amount of the License Fee.

  1. A Situation „NO SHOW“

4.1. In the event of a “No Show” situation, the Licensee shall immediately inform the Licensor about it and take measures to record the fact of the occurrence of such situation.
4.2. Possible methods how to record a No Show situation are: photos with geotags and an indication of the date and time of shooting; video recordings; extracts from the correspondence (screenshots); or other evidence confirming the Licensee’s presence at the agreed place of the beginning of the Transfer at a certain time.
4.3. In the event of a No Show situation, the Licensor shall transfer the amounts to the Licensee in accordance with clause 3.3 of this Agreement.

  1. Obligations of a Licensee

5.1. A Licensee is obliged to:
(A) bear full responsibility for storing the information necessary for an unobstructed access to his account (including the password), ensuring its confidentiality and security;
(B) perform transfers independently without using services of third parties;
(C) perform transfers in strict accordance with the terms of the Agreement and the Rules of Carriage;
(D) not require or accept from Users the remaining part of the Transfer fee they are supposed to pay until the completion of the Transfer, not to change the amount of the Transfer fee  before, during or after the Transfer.

  1. Force majeure

6.1. In case of occurrence of force majeure circumstances (which include natural disasters, accidents, fires, riots, strikes, military actions, unlawful actions of third parties, the entry into force of legislation, government regulations and orders of state institutions that directly or indirectly prohibit types of activities specified in this Contract)  that are obstructing the performance by the Parties of their functions according to this Contract or in case of occurrence of other circumstances, not dependent on the will of the Parties, they are relieved of responsibility for failure to fulfill their obligations if within 10 (ten) days since  the moment of the  occurrence of such circumstances if there is a connection, the Party affected by their influence informs the other Party about the incident and will also make every effort to eliminate the consequences of force majeure.
6.2. The party that has suffered losses due to force majeure circumstances may require from the party that has become an object of the force majeure, documentary evidence of the scale of the events that have taken place, as well as of their influence.

  1. Limitation of responsibility of a Licensor

7.1. A Licensor shall be under no circumstances responsible for any damages, including damages unlimited by conditions, indirect or incidental, as well as for any harm, loss of profits or other losses from use or associated with the use of this service, both within the scope of this Agreement and by negligence.
7.2. If, despite the provisions of article 7.1. of this Agreement, The Licensor is still responsible in any way as a result of or in connection with this Agreement or otherwise related to its subject for any matter, his responsibility shall under no circumstances exceed the amount of the Transfer Fee payable for a particular Transfer.
7.3. The Licensee acknowledges and agrees with the following: The Licensee is not a buyer of transport services or an agent for the buyer. When the Licensee agrees with an Offer on a particular Transfer and its terms, it is considered that the Licensee concluded a Transportation Agreement directly with the User, and not with the Licensor. Responsibility of the Licensor is limited to the obligation to transmit accurately information between the User and the Licensee.
7.4. The Licensor is not responsible for the reliability of the transmitted information, as well as for the proper and conscientious fulfillment by the User of his/her obligations under any agreements between the Licensee and the User. The Licensor shall not be responsible for any damages, including lost profits and physical harm or loss, calculated in any way and incurred when using the Service.

  1. Responsibility of a Licensee

8.1. For violation of subparagraph (B) of paragraph 5.1. of this Agreement, the Licensee shall pay a penalty in favor of the Licensor for each violation in the amount of 5,000 Euros.
8.2. For violation of subparagraph (C) of paragraph 5.1. of this Agreement, the Licensee is obliged to pay a penalty in favor of the Licensor for each violation in the amount of 200 Euros.
8.3. For violation of subparagraph (D) of paragraph 5.1. of this Agreement, the Licensee is obliged to pay a penalty in favor of the Licensor for each violation in the amount of 500 Euros.
8.4. Compensation of damages does not relieve the Licensee from the payment of penalties under this Agreement.

  1. Duration of the Agreement and its termination

9.1. This Agreement shall enter into force at the time specified in clause 2 and will remain in force until terminated in accordance with this clause.
9.2. The Licensor may, at any time and for any reason, immediately terminate this Agreement with the Licensee without a prior notice or an explanation, if the Licensee has violated one of the provisions of this Agreement or the Licensor decides that the fulfillment of obligations under this Agreement is no longer commercially viable.
9.3. The Licensor will notify the Licensee of such termination by a notice within 10 working days or the Licensor will block access of the Licensee to his/her Customer zone (Personal account) and this will be a proper notice of the Licensor’s intention to terminate the Agreement unilaterally.
9.4. The Licensee may terminate this Agreement unilaterally by contacting the Licensor’s technical support service and requesting to delete his/her Personal account.
9.5. Termination of this Agreement does not relieve any of the Parties of their financial obligations existing at the time of termination.

  1. Final provisions

10.1. The Licensor reserves the right, upon his/her own decision, to make changes to this Agreement at any time without any special notice. The new edition of this Agreement enters into force since the moment of its posting on the Website. By continuing to use the Service, Licensee confirms his/her consent with the revised Agreement.
10.2. This Agreement is governed and should be interpreted in accordance with the laws of the Slovak Republic.
10.3. In case of a dispute between the Parties arising out of or in connection with this Agreement, the dispute will be handed over and settled by arbitration in the Slovak Republic, and the language to be used in the arbitral proceedings is Slovak.
10.4. If for any reason one or more of the provisions of this Agreement will be declared invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the Agreement.
10.5. This Agreement is written in Slovak and English, all versions are equally legally valid. In the event of any discrepancy between them, the Slovak language version will prevail.