DISPOCARS – TERMS AND CONDITIONS
Please take your time to read these Terms and Conditions carefully before using any of our services. The Terms contained herein will apply to your use of any of our platform or service regardless of how access them.
DispoCars is a trading name of Dispo Group OÜ, which is a limited company registered in Estonia (Company Registration Number: 16092895), whose registered address is at Tallinn, Kesklinna linnaosa, Sakala tn 7-2, 10141 (‘we’, ‘us’ ‘DispoCars’).
THE TERMS CONTAINED HEREIN CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN USERS AND THE TRANSPORT SERVICE PROVIDER WHICH IS ENTERED INTO BY YOU AND BY US ACTING AS AGENT FOR AND ON BEHALF OF THE TRANSPORT SERVICE PROVIDER. WE DO NOT PROVIDE TRANSPORTATION SERVICES, AND WE’RE NOT A TRANSPORTATION CARRIER. IT IS UP TO THE TRANSPORTATION SERVICE PROVIDER, DRIVER OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE ARRANGED THROUGH THE USE OF THE SERVICES MADE AVAILABLE TO YOU BY DISPOCARS.
WE WILL NOT BE RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY IN RESPECT OF, ANY ACTS OR OMISSIONS OF THE TRANSPORT SERVICE PROVIDER INCLUDING, WITHOUT LIMITATION, ANY FAILURE OR DELAY TO SUPPLY THE SERVICES OR OTHERWISE AFFECTING THE JOURNEY WHICH IS CAUSED BY THE TRANSPORT SERVICE PROVIDER. YOUR CONTINUOUS USE OF OUR SERVICE SHALL MEAN AN ACCEPTANCE OF THE TERMS CONTAINED HEREIN IN ITS ENTIRETY.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS OUR SERVICES OR REGISTER FOR THE SERVICES PROVIDED ON THE SITE. We may modify this term of service at any time by posting the amended terms on the Site. In the event of such amendments, all amended terms shall automatically be effective and binding when initially posted on the Site.
ACCOUNT AND BOOKINGS.
1.1. When you make a Booking, You hereby authorize us to act on your behalf and to make a transportation service available to you through a third party transportation service provider. When we offer the Services on the Website, we are inviting You to make an offer to purchase the Services from the Transport Service Provider. You do not make this offer until You choose to do so by clicking ‘Book Now’ on our ‘Booking Summary’ page.
1.2. Your use of this service will be deemed accepted, once we have (i) received the necessary payment and (ii) emailed your Booking confirmation to You.
1.3. Without prejudice to the provisions of clause 17, your purchase of the Services and the provision of the Services is subject to the corresponding laws of the country and/or state in which the Journey takes place.
1.4. To make things easier for you, You may create an account through our platform. You will be required to provide login credentials which will always be used to login. You shall remain the sole authorized user of your account, and as well responsible for keeping your information accurate. You are responsible for the confidentiality of your login information and any activity resulting from the use of your log-in information on the Service.
1.5. You represent and warrant that the information you provide to Us upon use of the Service and at all other times will be true, accurate, current, and complete
1.6. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You understand that we have no control over the use of your account. We disclaim any liability that may arise in connection with your Log-in information or your account.
1.7. Should you suspect that any unauthorized party may be using your password or account or You suspect any other breach of security, you agree to immediately notify Us by e-mail to [email protected]
Booking: shall mean a request to use the service of a transport service provider through any of our platforms.
You: shall also mean User, Visitor, or entity that uses our service or makes a booking through our website.
Driver: means the person (or persons) allocated by the Transport Service Provider to drive the Vehicle throughout the Journey.
Drop Off Location: shall mean the destination set out by a User during a Booking process.
Pick Up Location: shall mean the location at which the User has agreed to meet the Vehicle and Driver.
Pick Up Time: shall mean the local time (using the local time applying at the Pick Up Location) at which the User has agreed to meet the Vehicle and Driver.
Journey: shall mean the travel between the Pickup Location and the Drop-off Location as agreed in the Booking, which shall include any subsequent additional and/or amended travel agreed between the Passengers and the Driver or Transport Service Provider (as appropriate).
Passengers: shall mean the person(s) making the Journey (which shall be You and/or (if applicable) any other persons) and ‘Passenger’ shall mean any one of them.
Services: shall mean the arrangement and supply of vehicle and driver transport services.
Transport Service Provider: shall mean the supplier of the Vehicle and Driver for a Booking, details of which shall be supplied to You (and subject to any changes which may, at Amber-Transfers discretion, be made and notified to You at any time prior to the Pickup Time).
Vehicle: means the vehicle type to be used to complete the Journey set out in the Booking.
3.1. We will use all possible efforts to make sure that the Transport Service Provider allocates the Vehicle requested in the Booking to complete your Journey although we are unable to guarantee the make and model. When this is not possible we will use our reasonable endeavors to obtain a replacement Vehicle which is of the same standard as the Vehicle you request during a Booking.
3.2. Upon the receipt of your booking, We will notify the Transport Service Provider with details of the Booking.
3.3. Once we have received confirmation from the Transport Service Provider that your Booking can be fulfilled, we will send a confirmation email and confirmation text message with your Booking details to the email address and phone number given during the booking process and take payment for the Booking.
3.4. We will ensure to send an email containing emergency contact details for the Transport Service Provider to the email address given during the booking process no later than 24 hours prior to your Pick-Up Time, if you haven’t received the Service Providers contact details, when making reservation on our website.
4.1. Although we strive to ensure the accuracy of the information on this Website, neither we nor our affiliates, suppliers or agents can be held responsible by you, the Booker, for the accuracy of such information. The images displayed on our Website are for illustrative purposes only. We advise that you use common sense when using this service and as well relying on the information provided to you through this website.
4.2. You must ensure that you have provided us with full and accurate details of the requirements for your Booking, including, but not limited to, accurate timings (using the local time applying at the Pick Up Location) for the Pick Up Time, Pick Up Location, Drop Off Location and, where applicable, flight number, train times or ferry times. You warrant that the information provided by you during a Booking are true and accurate to the best of your knowledge. We will not be liable to you for any incorrect information provided by you.
4.3. You warrant that the information provided by you during a Booking are true and accurate to the best of your knowledge. We will not be liable to you for any incorrect information provided by you.
4.4. You must ensure that the Passengers have reserved sufficient time to reach your/their destination when arranging the Pickup Time, taking into consideration the possibility of delays caused by traffic accidents or congestion, the weather conditions, or local events.
4.5. You must ensure that the Passengers are at the Pickup Location at the Pickup Time.
4.6. You must provide us with valid contact information to enable us to contact you if necessary and provide you with information or any assistance regarding your Booking.
4.7. You must ensure that you and/or the Passengers (as appropriate) have a telephone, with the contact number you have provided, switched on and with you and/or the Passengers (as appropriate) at the Pick Up Time and for the duration of any waiting time as set out at clauses 5.2 and 5.4.
4.8. This Service is not for users under the age of 16, Passengers under the age of 16 are to be accompanied by a responsible adult.
4.9. All Passengers must be fit to travel. Drivers, acting reasonably, reserve the right to refuse the Services to any person if the Driver considers such passenger in its own discretion to be unfit to travel, or in cases where a passenger is abusive, intoxicated, underage, or if carriage of any such Passengers and/or luggage would cause the Driver to be in breach of any applicable traffic and/or road safety regulations, or may damage the Vehicle. We will not be liable for the completion of any travel arrangements, nor for any refund, compensation or any other costs whatsoever that You and/or any of the Passengers (as appropriate) may incur in such circumstances.
4.10. You are responsible for choosing the appropriate vehicle category for your needs. When choosing your vehicle category, You should consider the number of Passengers traveling in the Vehicle and the amount of luggage space required and check that the Vehicle meets your needs.
4.11 You are responsible for ensuring that the Passengers comply with all provisions of the Terms where necessary or required to enable You to comply with the Terms, and You shall be liable for all acts and omissions of the Passengers.
5.1. You understand that you’re required to make your phone available so that a Driver can reach at the time of Pick-up.
5.2. You understand that Dispocars booking includes a waiting time of up to fifteen (15) minutes, and up to forty-five (45) minutes if the pick-up is at an airport. You are required to provide us with your flight information, so that we can properly schedule a pick-up time for you.
5.3. Your confirmation email should arrive as soon as we accept your booking. Once you receive your confirmation email, please make sure to read through and double-check all the details.
5.4. Make sure you leave enough time to get to your destination. Our estimated journey times do not take into account traffic conditions and other unforeseen circumstances – or your own travel requirements (e.g. how long before take-off you need to check in at an airport).
5.5. In the event of any change to your booking plans, you can cancel your trip free of charge – from between 2 (two) and 24 (twenty four) hours before the scheduled pick-up time. This is dependent on the Transport Service Provider. You will be notified of the relevant cancellation policy during the booking process.
5.6. Please read the pick-up instructions carefully. We will send you our service provider’s contact details no later than 24 hours prior to your journey. If you have any problems, feel free to contact us at your earliest convenience.
5.7. You’re responsible for confirm your destination with your driver before setting off on the scheduled Journey.
5.8. Ordering Service: Taxi on demand
5.8.1. If you order a transport service and the driver has agreed to undertake the work then the transport service is considered to be ordered.
5.8.2. Once a driver confirms that he/she will complete your journey, you will enter into a separate agreement with the driver for the provision of the journey on such terms and conditions as you agree with the driver. Dispocars does not provide journeys and is not a party to your agreement with the relevant driver.
PRICE AND PAYMENT
6.1. Except where You and/or any Passenger agree to changes to the Journey with the Transport Service Provider and/or the Driver, all tolls, congestion charges, taxes and gratuity charges are included in the price quoted on the Website and shown on the Booking. Any additional tolls, congestion charges, payed bridges, ferry tickets, taxes and gratuity charges arising out of changes to the Journey must be paid by You or the Passenger, as appropriate.
6.2. You expressly understand that You and/or the Passengers may be charged if changes are made to your Journey once the Passengers have been picked up by the Driver. Such additional charge will be agreed locally with the Driver and/or Transport Service Provider and paid to us or the Driver at the Pickup Time (by such means as we or the Driver or the Transport Service Provider shall indicate). The Driver and/or Transport Service Provider reserves the entire right to decline any unreasonable requests to amend the Journey and neither we nor the Driver nor Transport Service Provider shall have any liability to You if You make changes to the Journey that are not acceptable to the Driver and/or the Transport Service Provider.
6.3. We will pre-authorise (put a temporary hold on the full amount chargeable for your Booking, but no funds will be debited from your account at that time) when we receive your Booking.
6.4. We will take payment in full once we have confirmed your Booking with the Transport Service Provider.
7.1. If the Pickup Location may not be easy to locate or apparent from the road, You will be responsible for providing accurate details to assist the Driver in locating the Passengers at the Pickup Location. The additional information should be typed in the ‘Notes’ box in the Website, and should include, without limitation, information about unmarked roads, security gate arrangements or specific access and exit gates or such other information that may help the Driver locate the Pick-up point
7.2. If the Passengers are unable to meet the Vehicle and Driver at the Pickup Time it is essential that You contact the Transport Service Provider as soon as possible to request to rearrange the Pickup Time. You acknowledge and accept that the Transport Service Provider reserves the right to decline any unreasonable amendments to the Pickup Time and/or the Journey.
7.3. If the Transport Service Provider is not informed of any desired change in arrangements by the Passengers, it is likely that the Vehicle and Driver will not be at the Pickup Location when the Passengers arrive (and in any event the Transport Service Provider is not obliged to agree to any such change).
7.4. As the Transport Service Provider will have allocated a Vehicle and a Driver to a Booking, and the Driver will have incurred time traveling to and waiting at the Pickup Location, and traveling back from the Pickup Location, You acknowledge and accept that in the event of a failed Journey due to:
7.4.1. incorrect Pickup Location and/or Journey details being provided to us in the booking process;
7.4.2. the Passengers failing to be at the Pickup Location at the Pickup Time or before the end of the waiting times referred to in clauses 5.2 or 5.4;
7.4.3. the Passengers failing to rearrange a Pickup Time in accordance with these Terms;
7.4.4. the Passengers requesting unreasonable amendments to the Pickup Time or the Journey; or
7.4.5. any other cause by You or the Passengers
You will not be entitled to any refund in relation to the Booking and neither we nor the Transport Service Provider shall have any liability whatsoever to You or any Passenger in respect of failed Journey or Booking arising from the reasons stated above.
8.1. If any Passengers have any special requests relating to the Booking or require additional equipment, the Passenger is required to notify the Office at the time of Booking or no later than two (2) working days before the Pick Up Time. However, we do not guarantee any special request or additional equipment.
8.2. Any additional charges incurred as a result of any special requests or requirements for additional equipment will be notified to you by the Office and will be payable to the Transport Service Provider at the end of the Journey.
9.1. If a Passenger wishes to make any change,
9.1.1. If any Passenger wishes to change the Pick Up Location or Drop Off Location, date, time or vehicle category, The Passenger shall be required to cancel the Booking and make another Booking.
9.1.2. Any change to Passenger details and/or adding comments for your Driver in the comments box these amendments are free of charge up to two (2) working days prior to the Pick Up Time.
9.2. If We need to make changes
Occasionally it may be necessary for changes to be made to the Booking (after acceptance). In such cases, we will use our reasonable efforts to notify you as soon as possible before the Pickup Time and, if the proposed changes are unacceptable, You may cancel the Booking without incurring any cancellation fee although You shall not be entitled to cancel the Booking if the only change relates to the identity of the Transport Service Provider (which we are entitled to do at any time prior to the Pickup Time). In any case we shall have no liability in respect of any direct or indirect losses You may suffer as a result of such changes or cancellation.
10.1. If You’re not satisfied with the Booking or the Journey in any way or You wish to make a complaint, You should report this to the DispoCars Office as soon as possible.
10.2. We know that on occasion, You may feel that your complaint has not been resolved to your full satisfaction, so if You are not happy about the way in which we have handled your complaint, You may refer your complaint to an independent Alternative Dispute Resolution (ADR) provider. As we aim to resolve all of our disputes internally, we are not obliged to submit to an ADR procedure operated by any independent ADR provider.
10.3. You may use the European Commission’s online platform to resolve your dispute, which can be found at http://ec.europa.eu/consumers/odr/.
LIMITATION OF LIABILITY
11.1. IN NO EVENT WILL AMBER TRANSFERS, ITS AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “COMPANY” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES, or any LOSS whatsoever, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE COMPANY PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE COMPANY PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS TERMS AND CONDITIONS.
11.2. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, ACTIONS, OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY CONTENT, (II) YOUR USE OF OR RELIANCE ON ANY COMPANY CONTENT, (III) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, INCLUDING TRANSPORTATION SERVICE PROVIDERS BOOKED THROUGH THE SERVICE; OR (IV) YOUR BREACH OF THESE TERMS. WE SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING.
11.3. Nothing in the Terms exclude or limit liability for (i) death or personal injury caused by the negligence of the liable party, or (ii) fraud or fraudulent misrepresentation, or (iii) or any other liability which cannot be limited or excluded by applicable law.
11.4. Except as expressly stated in these Terms, no representation, warranties or undertakings are given in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, no responsibility is accepted for ensuring that the Services are suitable for your purposes (which remains solely your responsibility).
12.1. A ‘Force Majeure Event’ means any event which is unforeseen or otherwise beyond the reasonable control of the party in question including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or a transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm, unavoidable technical problems with transport, closure or congestion of airports or ferry ports or other locations, cancellation or diversion of scheduled flights, or other journeys, or financial failure of airlines or other transport providers or any act or omission of any party (other than the party in question).
12.2. Neither we nor the Transport Service Provider shall have any liability for or in respect of any failure to perform or any delay in performing any of our respective obligations under or pursuant to a Booking, a Journey or these Terms, if and in so far as performance is delayed, hindered or prevented by a Force Majeure Event.
12.3. In the event that a Force Majeure Event persists within 2 (two) working days of the Pickup Time we may terminate and withdraw the Booking by giving You not less than 24 (twenty four) hours’ notice, and refunding all amounts paid by You to us in respect of the Booking prior to the Force Majeure Event.
12.4. In the case of Vehicle breakdown or mechanical difficulties it is the responsibility of the Transport Service Provider to make all necessary arrangements to ensure that the Journey can be completed as soon as reasonably possible, providing it is safe and feasible to do so.
13.1. You may cancel a Booking in accordance with clause 13.2. free of charge until such time prior to the Pickup Time as is specified by us in the booking process on the Website (which will be a time between 7 days prior to the Pickup Time, depending upon the identity of the applicable Transport Service Provider).
13.2. You may cancel a Booking by either (i) telephoning the Amber-Transfers Office and confirming the cancellation verbally in that telephone call or (ii) by sending us an e-mail to [email protected]
13.3. If a Booking is cancelled by You later than the applicable time referred to in clause 13.1 the Booking will be charged in full regardless of whether the Journey has been made.
13.4. We reserve the rights to cancel the Booking upon limited or immediate notice in any circumstances, including but not limited to the insolvency of a Transport Service Provider. In circumstances where we cancel due to issues related to the Transport Service Provider and/or the applicable vehicle which was due to be used for the Journey we will use our reasonable endeavors to arrange for the supply of an alternative vehicle, but at periods of high demand it may not be possible. Where we notify You of cancellation of the Booking 48 hours or less before Pickup Time, You will receive a full refund of all monies already paid by You in respect of the Booking.
14.1. If the Vehicle and Driver is not at the Pickup Location at the Pickup Time or the Journey is not completed as agreed in respect of the Booking (other than as a result of a Force Majeure Event and save where You or any Passenger cause the Journey not to be so completed), You will be eligible for a refund.
14.2. To be eligible for a refund, You and/or the Passengers (as applicable) must have complied with your Obligations as set out in the Terms.
14.3. To make a refund claim, You should write to [email protected] providing us with an email address, the Booking information provided in the confirmation email and/or confirmation text and full details and circumstances giving rise to the refund claim within 7 days of the Pickup Time.
14.4. We will process all refund claims without unreasonable delay however we reserve the right to fully investigate the circumstances and correspond with the Transport Service Provider. Therefore it may take up to fourteen (14) working days to process your refund claim, especially if different time zones and office hours are involved.
14.5. The processing time set out above in clause 14.4 is subject to the accuracy and clarity of the refund claim and the timeliness of your responses to any additional questions.
14.6. If your refund claim is accepted it will take up to three (3) working days for the refund transaction to be carried out.
14.7. DispoCars is not obliged to process any refund claims which are not made in writing to [email protected] within 7 days of the Pickup Time.
WEBSITE CONDITIONS OF USE
It is prohibited for anyone to use any device or software program to directly or indirectly interface, or attempt to interface, with this Website to retrieve content and/or any other data, including prices. It is also prohibited to interfere, or attempt to interfere, with the normal working of this Website; any activity that we consider places undue load or stress on our systems will be terminated. We constantly monitor everyone accessing our Website, and the activities of any automated systems or persons conducting an unreasonable amount of searches, with the aim of accessing information and/or prices, will be terminated and those systems/persons blocked from our Website. Your use of the Website indicates your agreement to be bound by these Conditions of Use.
LAW AND JURISDICTION
To the fullest extent permitted, the Terms are governed by the laws of Estonia, and all parties shall be subject to the non-exclusive jurisdiction of the courts of Estonia.
If You have any questions or concerns regarding your use of this service, please feel free to contact us at [email protected]
Please note that any contract referred to in the Terms will be with You and all correspondence will be sent to the address given by You during the booking process, even where a third party actually pays for the Services. For the avoidance of doubt, nothing contained in the Terms shall entitle any third party other than the Transport Service Provider to any benefit or rights pursuant to the Contracts (Rights of Third Parties) Act 1999.
The General Information and terms and conditions stated are correct at the time of going to press.