Trafi Go terms of use

1. General provisions

1.1. The present Trafi GO terms of use (hereinafter - the Terms) are deemed to be an agreement entered into between Trafi Ltd., established and operating under the law of the United Kingdom, company code 9326640, registered office at WEWORK SOUTH BANK CENTRAL, 30 Stamford Street, London SE1 9LQ, United Kingdom (hereinafter - the Company), as the owner and administrator of the multi-platform application Trafi (hereafter - Trafi), and you as a user of Trafi, which governs the use of Trafi GO ridesharing services (hereinafter - the Service).

1.2. You acknowledge that before using the Trafi GO ridesharing service, you have familiarised yourself with the present Terms, consent to the terms and conditions set forth therein and agree to comply with them.

1.2. Your consent to the present Terms is considered to be the conclusion of the agreement. Upon consenting to the present Terms, you must comply with the provisions of the Terms and annexes thereto. In case you do not consent to the present Terms or any part thereof, you shall not be entitled to use the Services.

1.2. Please pay attention to the fact that the Company is at all times acting only as an intermediary, i.e. it provides a platform for you to order ridesharing services from the third parties providing the said services. The Company cannot be considered as a provider, organizer of ridesharing services or a carrier and shall never act as one.

2. Provision of the services

2.1.  Trafi GO is a part of Trafi where you are able to order the Services.

2.2.  The Services shall mean ridesharing services provided by third parties, on their own behalf and on their own responsibility, i.e. the persons who are engaged in individual activity of ridesharing services (hereinafter - the Driver) who are not employed in the Company and are not controlled by the Company.

2.3. The Company's services include the administration of Trafi - through which you can order the Services provided by the Driver - and making it available to you and the Drivers.

2.5. The Services can be provided for a limited time in a limited area. The Company does not guarantee that the Services will be available at any particular time. The information on the availability of the Services is published in the ridesharing and route search sections of Trafi.

3. Use of services

3.1. To be able to use the Services, you must create a personal Trafi account and provide the personal data, specified therein as well as in the Trafi Privacy Policy, in order to order the Services and pay for them.

3.2.  You must maintain accurate, complete, and up-to-date information in your account. Failure to maintain accurate, complete and up-to-date information, including the indication of improper or invalid means of payment, may prevent you from using the Services and other services offered by Trafi. You shall be responsible for any activity that takes place through the use of your account and you agree to maintain security of your account and the confidentiality of your username and password in all cases.

3.3. By using the Services, you must comply with all applicable laws and you may use the Services for lawful purposes only (e.g. carrying of illegal or hazardous substances is prohibited).

3.4. By using the Services, you and the persons travelling with you must not cause any damages to third parties, including but not limited to, Drivers, their property (cars and their equipment).

3.5. In the event of any kind of damage caused to third parties through the fault (intentional fault or negligence) of you, the persons travelling with you or the persons who used your account, you shall be obliged to reimburse for this damage.

4. Liability

4.1.  You shall be solely responsible for compliance with the present Terms, all other rules, policies and provisions provided by Trafi, as well as the highest ethical standards, by you or the person using the Services ordered using your account.

4.2.  You shall be personally liable for any damage that has been caused to a person or property during the provision of the Services ordered through your account. You shall assume full responsibility for violations of law and the damage caused to third parties during the use of the Service.

4.3.  If during the trip (or through the use of your account by third parties) damage was caused to the car or its equipment, that cannot be considered as normal wear and tear, you must pay a fine of EUR 50 (fifty euros) that will be charged to the bank card indicated in your account and compensate for the direct damages incurred, in excess of that fine. In such a case, you will be informed of the Driver's claim, will be able to respond to it, and the Company will try to mediate in a dispute between you and the Driver.

4.4. If during the use of the Services the Driver's car is soiled/smudged more than through normal operation (both inside and outside), you shall be required to reimburse for the cost of washing the car and cleaning the interior.

4.5. The Company, acting as an intermediary and an administrator of Trafi, shall not liable for any direct or indirect damages to a person and / or property arising out of the use of Trafi or the Services, including without limitation, damages arising from:

4.5.1.  your use of the Services, reliance on the Services or inability to access or use the Services;

4.5.2.  any transactions or relationships between you and the Driver.

4.6. The Company shall not be liable for the Driver being late, routing, punctuality of the Driver's arrival as well as any actions or omissions by the Driver.

4.7 The Company, as the administrator of Trafi, is providing mediation and information services only. The ridesharing service providers shall be responsible for the provision of their service.

4.8. Unless different time limits are provided in the Terms, you shall be obliged to pay the indemnities (fines and penalties) and damages, reimbursements and other amounts not later than within 10 (ten) calendar days from receipt of the demand.

4.9.  You must indemnify the Company, the Driver and / or other third parties, in addition to other damages, for legal fees and / or debt recovery costs or other actions related to the compliance with the Terms, caused by your failure to comply with the provisions of the Terms and / or false representation and / or warranties.

4.10.  The indemnities (fines and penalties) specified in the Terms and all other taxes and / or payments related to the use of Trafi and the Services shall be collected by the Company while acting as an intermediary between you and the Drivers or other third parties.

4.11.  The Company shall make no representations, certifications or warranties or of any kind as to reliability, timeliness, quality, suitability or availability of the Services or any other services, or that the Services will be uninterrupted or fault-free. The Company shall not provide guarantees regarding the quality, suitability, safety or competency of third-party service providers. You agree that all the risks associated with the use of the Services and any related service ordered by you are solely assumed by you.

4.12. The Company and / or the Driver shall not be in any case responsible for any items left behind by you in the course of provision of the Services.

5. Terms of settlement

5.1.  You understand that you must pay a fee (hereinafter - the Fee), for the use of the Services ordered using your account, which shall be indicated in the relevant section Trafi, in each individual case.

5.2.  The Fees shall be calculated based on data of the systems of Trafi and the Drivers. Based on the said data, the Company shall issue and present to you a VAT invoice, which will be available in the "My Travel" section of Trafi. Upon receiving the invoices, you must verify the correctness of the data indicated in the invoices and notify the Company in writing about any discrepancies found within 3 (three) business days.Any claims related to the information contained in the invoices must be submitted by you within 5 (five) business days from the date of receipt of the invoice. If you fail to submit the claims within the time limit specified above, it shall be assumed that you have consented to the invoice provided. The invoice for the use of the Services shall be issued to the person specified in your account before starting to use the Services and shall not be subject to modification.

5.3.  After the Services have been provided to you, the Company shall immediately charge the Fees to the bank card, specified in your account, for the benefit of third parties (Drivers). Upon payment of the fee as specified hereinabove, you will be deemed to have paid to the Service provider (Driver) directly. The fees paid by you shall be final and non-refundable, unless otherwise stated in the present Terms or in other relevant provisions provided by Trafi.

5.4.  Your obligation to pay for the Services shall be considered to have been fulfilled from the moment when the payment was credited to the Company's account.

5.5. Fee for the Services includes the payment commissions, including Visa / MasterCard credit card fees / commission or other charges. The amount of the payment for the Service shall be given in the Terms of Service section of Trafi.

5.6. The Company shall be paid 0.03% (three hundredths) in penalty, on the amount not paid in due time, for each day of the delayed payment.

5.7. The Company shall be responsible for the availability of the function of credit card payment and shall provide the card holders with assistance in solving the arising problems. Disputes relating to credit cards shall be settled through mediation by the Company. The Company shall also execute repayment of money and reimburse for the services ordered using the Trafi account (see Trafi Terms of Use). If you have any questions, problems or uncertainties regarding credit card payments through your Trafi account or if you wish to take advantage of the right to a refund and cancellation compensation, you may contact the Company's helpdesk by e-mail to support@trafi.com or via the Trafi internal messaging system. The Company will try to resolve the issue within three business days.

6. Final provisions

6.1.  The Company shall be entitled to unilaterally assign all rights and obligations arising from the present Terms to any third party by informing you about it via the Trafi internal messaging system or by e-mail.

6.2.  The present Terms shall be deemed to be an agreement between you and the Company, which shall be deemed to have been concluded and become effective from the moment you have consented to the Terms.

6.3. Any disputes, disagreements or claims arising out of the Terms or relating to the present Terms, violation and / or validity thereof, must first be resolved by negotiation. Upon the failure to reach an agreement through negotiations within 20 (twenty) days from the date of receipt of a written call for negotiations, the dispute, disagreement or claim shall be settled by the court of the Republic of Lithuania according to the place of the Company's registered office (contractual jurisdiction). Drawing up, enforcement, termination, construction of the Terms and settlement of disputes shall be subject to the law of the Republic of Lithuania.

6.4. The terms and conditions specified in the present Terms may be changed unilaterally by the Company, by informing you about the change thereof (the amended Terms shall be published by Trafi). For this reason, it is recommended that you familiarized yourself with the Terms before the start of each order of the Service. Should you be using the Services after the amendment of the present Terms, you shall be deemed to have consented to the conditions of the amended Terms.