Terms and conditions
Agreement on Procedure for Transfer Services Provision
1. GENERAL
1.1. This agreement is a public offer of WELLGATE SERVICES LP, hereinafter referred to as “the Contractor", to the Customer (a private person or a legal entity) for making the Transfer Services Contract (hereinafter referred to as “the Contract") on the conditions set forth in this Offer.
1.2. This Contract shall be made under a special procedure: through acceptance of this Offer containing all essential conditions of the Contract, without signing by the Parties.
1.3. Performance of actions by the Customer to fulfil the contract conditions specified in the Offer, including placement of an Order at the Website and payment for the services by the Customer (payment using a bank card or otherwise, as offered at the Contractor's website) shall mean full and unconditional acceptance of the Offer.
1.4. After receipt of the Order, all information stated therein shall form the basis for the Contract between the Contractor and the Customer. In this case, “the Customer" (“a Party to the Contract") shall mean any person specified in the payment document on whose behalf the payment has been made hereunder (“the payer"); if the payment has been made on behalf of a third party (and this follows from the payment document or another official document), the Customer hereunder shall be the person on whose behalf the payment has been made.
1.5. This Contract is a multilateral transaction consisting of the accepted public offer and its integral parts, as well as appendices, agreements, procedures and provisions posted at the Contractor's Service.
1.6. The Contractor shall provide the Customer with reliable information on the scope and characteristics of transfer services. The services shall be directly provided to the Customer by third parties. The Contractor is not a carrier, taxi provider or motor vehicle owner and shall provide reservation (preliminary Order) of services rendered by third parties; therefore, the Contractor shall not be liable for life and health of Customers (passengers).
2. TERMS AND DEFINITIONS
2.1. The following terms and definitions shall be used in this Contract:
Transfer is an integrated service that includes:
- Waiting for the Client(s) at the airport or station until they actually arrive;
- Meeting the Client(s) at the point of departure with a sign, indicated in the Order, for the directions where the meeting with a sign is possible (if it does not contradict the internal rules of the airport, railway station or hotel).
In the case of registration of the Order of standard or comfort class the meeting with a sign within the framework of providing transfer services is optional. The list of destinations where the Customer may choose the availability or unavailability of the service of meeting with a sign and the cost of such services are determined by the Contractor unilaterally, shall be provided to the Customer at the time of booking and shall be accepted by the Customer by completing the Order.
For the directions where the point of departure is not an airport, railway station or hotel, when placing the Order possibility of adding a sign to the transfer service may not provided, and the Contractor has not coordinated the possibility of meeting with a sign on a separate request of the Customer, a meeting with a sign is not carried out.
As part of the transfer service for Orders that do not include a meeting with the sign, the passenger is met by a prior call from the driver to the passenger in order to coordinate the passenger's further actions to meet the driver and to be directed to the vehicle assigned to the Order.
- The driver's assistance in delivery of the Client's baggage from the meeting point to the pre-ordered and approved vehicle, subsequent placement of baggage in the vehicle;
- The Client's trip in the motor vehicle to the destination point.
Transfers shall be made by motor cars of various classes, minivans, minibuses. Provision of services with the use of minivans, minibuses shall not involve the meeting with a sign plate at the terminal or station platform; the sign plate shall be installed on the vehicle wind screen.
The transfer service shall involve mandatory fulfilment of all the above items. The items may not be excluded or modified.
Vehicle with Driver Rental is provision of a vehicle with driver for transportation of the Client. The Vehicle with Driver Rental service shall be provided within the location specified in the Order. The unit of measure for the service scope shall be 1 rental hour. Trips outside the locations, to/from the airport or railway station shall be treated as transfers.
Client is a private person whom the Customer offers the opportunity of using the transfer services.
Contract is this agreement of the Parties on all essential conditions of services provision in the form of a public offer hereinafter unconditionally and fully accepted by the service consumer.
Offer (public offer) is proposals addressed to general public; shall be regarded as an invitation to make offers, unless otherwise expressly specified in the proposal, and shall contain all essential conditions of the contract; the proposal implying the offerer's intent to make the contract on the conditions specified in the proposal with any responding person shall be recognised as the Offer (public offer).
Acceptance is the accepting response of the offeree. The response shall be full and unconditional. Unless otherwise required by the law, normal business practice or previous business relations of the Parties, silence is not an acceptance. Unless otherwise provided by the law, other legal acts or specified in the Offer, performance of actions by the offeree to fulfil the contract conditions specified in the Offer within the time established for the Offer acceptance (provision of services, payment of the relevant amount, etc.) shall be regarded as acceptance.
Website is the software administered by the Contractor, which is a source of information and allows using technical means to carry out interaction between the Customer and the Contractor, the Internet site located: transferseveryday.com with a unique URL (Uniform Resource Locator - Universal Resource Locator).
Online Reservation System is the electronic register of accrual, modification or termination of mutual rights and obligations hereunder. The Online Reservation System is an integral component of the Website which makes it possible to search for and order services by compiling and sending Client notifications and instructions over the Internet.
Payment is the funds transferred by the Customer to the Contractor to pay for the transfer services.
Account - a set of data about the Customer required to provide access to the booking form and user authentication, as well as allowing the Customer through the Website to interact with the Contractor, in particular, to order the service.
License - a non-commercial non-exclusive limited license provided by the Contractor to the Customer within the framework of this Agreement, providing the Customer with a limited right to use the Service and its components.
Authorization (authentication) - Customer identification when providing access to the Services.
The Contract may use terms other than those defined above. In this case, such terms shall be construed in accordance with the text of the Contract.
3. SUBJECT OF THE CONTRACT
3.1. The subject of this Contract is providing the Customer with the opportunity of transfer and other services reservation through the Contractor's Online Reservation System at through Contractor's Service.
3.2. The Order may be sent via the Service within up to twenty four (24) hours prior to the start of the service provision. The minimal reservation period may be reduced or increased depending on the city of the services provision.
3.3. By placing an Order, the Customer agrees to receive information and promotional materials from the Contractor to the mobile phone number and (or) e-mail address specified by the Customer via electronic communication networks, including through the use messengers WhatsApp, Viber. The Customer agrees to the processing of the personal data provided by the Contractor, including for the purpose of implementing a marketing program in the form of promoting services, implementing loyalty programs by making direct contacts using communications and advertising messages, collecting analytical information to assess the quality of the services provided by the Contractor.
The Customer has the right at any time to revoke the consent given to the Contractor in this paragraph by sending an appropriate request to the details of the Contractor specified in this Agreement.
3.4. When ordering the transfer service any address within the city limits of the chosen settlement is considered additional. In this case, the cost of additional arrivals shall be determined by the internal rules of the Contractor.
3.5. The Contractor shall make efforts so as to provide the Customer with a driver with knowledge of the local language or an English-speaking driver, but does not warrant this. The driver's ignorance of any language shall not entitle the Customer to raise claims against the Contractor.
3.6. If the Customer requires additional services (provision of a child seat, travel on a toll road, etc.), he shall send the Contractor to the request. The request shall mean the Customer's request to the Contractor to provide information about the possibility and conditions of organizing services. The cost of rendering services under the request taking into account additional services may be increased in comparison with those specified in the agreed Order.
3.7. The number of passengers, including children, shall correspond to the capacity of the selected car class in accordance with the technical documentation, and the placement of children in the front seat of the vehicle next to the driver is not allowed. Placing a child car seat or non-standard luggage in the vehicle may reduce the specified capacity threshold.
As carry-on baggage in the vehicle it is possible to carry only things that pass freely through the doorways, do not contaminate or spoil the seats, do not prevent the driver from driving the vehicle and use rear-view mirrors.
Luggage of passengers is carried in the luggage compartment of the vehicle. Luggage dimensions shall allow its carriage with the lid of the luggage compartment closed. If free space is available, carry-on baggage may also be placed in the luggage compartment by agreement with the driver of the vehicle.
The luggage compartment corresponds to the following options for placing Luggage:
- 2 (two) pieces of luggage size «L», or
- 3 (three) pieces of luggage size «M», or
- 4 (four) pieces of luggage size «S».
Criteria Size «S» Size «M» Size «L»
Height (cm) 54 65 72
Width (cm) 40 42 44
Depth (cm) 22 24 26
Larger luggage as well as sports equipment (skis, snowboards, golf bags, surfboards, bicycles, etc.), baby strollers, wheelchair, musical instruments, pet carriers, etc. are non-standard luggage and are subject to additional agreement, which in some cases may increase the cost of the service.
The driver has the right to refuse to place the luggage to the passenger in case of exceeding the set amount, as well as in case of non-standard luggage, the placement of which was not previously agreed upon by the parties.
4. MOTOR CAR WITH DRIVER RENTAL
4.1. The minimal period of car with driver rental shall be established by the Service and is reported to the Customer when the Order is formed using the Contractor's Service.
4.2. The Contractor shall provide the car with driver rental services only as part of the preliminary Order.
4.3. The car with driver rental services shall be paid for regardless of whether or not the Customer has used the service, the car usage time, route, mileage, or idle time through no fault of the Contractor. Extension of car rental services with the driver is carried out by sending an additional request by the Customer, and such extension is possible only with the agreement of the Contractor, if the latter expresses the possibility and willingness to provide the requested service.
4.4. The car with driver rental services shall not cover the trips to airports, railway stations, coach terminals and trips outside the city; the aforesaid trips are transfers and shall be chargeable accordingly.
4.5. The car with driver rental services shall be paid in non-cash form, cash payment is impossible.
4.6. If the provision of the car with driver rental service starts at the airport, the first hour of service provision shall be chargeable as transfer; the provision of the car with driver rental service shall start thereafter.
4.7. If the provision of the car with driver rental service starts at a location other than the Contractor's location, the service provision cost shall be increased by the cost of transfer to the aforesaid location; moreover, the time of the car delivery to the location shall be deemed as transfer, all subsequent servicing shall be deemed as car with driver rental service.
5. PROVISION OF MINIVANS, MINIBUSES
5.1. The Contractor may choose to place the sign table in minivans, minibuses:
a) above the wind screen;
b) at the top of the wind screen;
c) on the right side of the body along the vehicle path;
d) on the rear window of the vehicle.
5.2. Transfers by minivans, minibuses shall not involve the service for assistance in delivery and/or placement of the baggage.
5.3. When ordering transfers by minivans, minibuses, the Customer shall appoint a supervisor (the Client listed first in the Order shall be deemed the default supervisor) for settling all issues arising in the course of transfer services provision. The supervisor shall be responsible for assembling and seating of the Clients in the vehicle. The Contractor shall not be liable for assembling of the Clients at the specified dispatch point and shall not arrange the assembling of the Clients at the specified dispatch point.
6. OBLIGATIONS OF THE PARTIES
6.1. The Customer shall:
6.1.1. Provide the required information on each Order in the form of completed Orders at the Contractor's Service so as to allow the Contractor to properly perform its obligations. In case incomplete or inaccurate information is provided, the Contractor reserves the right to modify the services provision cost on a unilateral basis or refuse to provide the service and seek recovery of losses from the Customer.
6.1.2. Provide the Contractor with accurate information on e-mail address and telephone number required for the Contractor to promptly contact the Customer. If there is no indication of the passenger's contact number when placing the Order, the Contractor is not responsible for the Client's failure to arrive at the appointed place and time.
6.1.3. At the request of the Contractor to provide the necessary additional information about the Client (passenger), including the passport data of the latter, if the provision of such information is necessary to provide a transfer service in accordance with the laws of the country where the Order is executed. If the necessary information is not provided no later than 8 (eight) hours before the start of the execution of the Order, the Contractor has the right to refuse to provide the service without applying penalties to it.
6.1.4. Arrive at the point of services provision start by the time specified in the Order. The period of free waiting for the Customer/passenger under the agreed Order is 20 minutes after the arrival of a train, intercity bus or arrival at an address within/outside the city, 1 hour after the aircraft landing at the airport. In case the passenger fails to appear upon expiry of the aforesaid time, the Order and the service shall be deemed to have been executed and provided, without repaying the Order cost to the Customer. In case of flight delay, the passenger waiting period shall be extended in proportion to the flight delay time without any additional waiting charges.
6.1.5. Observe the passengers and baggage transportation rules established by transportation regulations, codes and relevant bylaws.
6.1.6. Treat third-party property with proper care, observe the rules of use established by third parties for such property, refrain from damaging third-party property. The Customer shall warrant the provision of his/her obligations to the Contractor, including the indemnity obligations.
6.2. The Contractor shall:
6.2.1. Provide services as per the Customer's Order.
6.2.2. The Contractor shall provide services to the Customer within the time periods specified in the Order after the receipt of funds to the Contractor's settlement account, unless otherwise additionally agreed by the Parties.
6.2.3. In case of technical failure in the motor vehicle, the Contractor shall replace it with a motor vehicle of equivalent class.
6.2.4. After the Order placement, the Contractor shall send information to the Customer by means of a text or e-mail message or the operator's call to confirm that the Order has been accepted and the service will be provided at the time and place specified in the Order.
6.2.5. After the Order placement, the Contractor shall send the Itinerary Receipt for transfer to the Customer to confirm the Customer's right to receive the service.
6.3. The Customer shall have the right to:
6.3.1. Cancel the placed Order without any penalties within the cancellation period specified in the Itinerary Receipt for transfer.
6.4. The Contractor shall have the right to:
6.4.1. Update the required information for proper provision of transfer services.
6.4.2. Refuse to provide services if servicing is technically impossible or for other reasons (provision of incorrect or incomplete transfer information; the Client(s) being in the state of alcoholic or drug intoxication; the Clients' actions threatening the life and health of the driver and condition of the car).
6.4.3. The Contractor reserves the right to refuse to modify the route during the immediate provision of the service, but will make every possible effort so as to provide the service to the Customer and to fulfil the conditions of this Contract in a proper manner.
6.4.4. Modify the transfer service on a unilateral basis (route modification, replacing the vehicle with another one of equivalent class, driver replacement), without prejudice to the Customer's interests.
6.4.5. Deviate from the motor vehicle delivery time specified in the Customer's Order by no more than fifteen (15) minutes. This deviation shall not entail payment of penalties or other compensations in favour of the Customer.
6.4.6. The driver may request the Client's identity documents.
7. SETTLEMENT PROCEDURE
7.1. The cost of transfer services shall be determined on the basis of price lists and information posted at the Contractor's website. The final cost of transfer services/service package shall be determined on the basis of the services calculation in the Order.
7.2. The Customer shall be provided with information on the cost of the services being ordered prior to the Order placement. In case of consent to the cost of the services being ordered, the Customer shall send his/her Order for reservation of transfer services. Sending of the Order shall be recognised as the Customer's consent to the cost of transfer services.
7.3. A private Customer shall pay for transfer services as follows:
To perform the reservation of transfer services, the Customer shall make a 100% advance payment in the amount specified at the time of the Order completing. The service payment shall be made at the Contractor's website on the ordering day using a plastic card, otherwise, the Order will be cancelled. At the time of the Order placement, the required amount shall be reserved on the Customer's card until Order execution. If there are no or insufficient funds on the Customer's card, the service is not provided. In case the reservation is cancelled before the time specified in the Itinerary Receipt for transfer, the funds on the Customer's card shall be released within three (3) business days. In case of exceeding the cost of actually rendered service, the additional funds may be deducted from the Customer's card in the non-acceptance order in the amount required to pay the difference between the cost of actually rendered service and the cost of service specified in the Order.
7.4. A corporate Customer shall pay for transfer services on conditions agreed by the Parties on case-by-case basis.
8. LIABILITY OF THE PARTIES
8.1. Liability of the Customer:
8.1.1. In case of trip failure through the Customer's fault (provision of incorrect information on the service ordered, the Customer's failure to arrive at the appointed place and time, Order cancellation within time periods shorter than those specified in the Itinerary Receipt for transfer), the funds paid by the Customer shall not be refunded.
8.1.2. The Customer is responsible for passengers' cleanliness and order during their stay in the vehicle, and undertakes to warn them against drinking alcohol, smoking in the cabin, dirtying and spoiling the seats and headrests, and leaving garbage in the cabin. In case of contamination of the vehicle by passengers, the Customer undertakes to compensate the cost of dry cleaning of the passenger compartment and reimburse all other possible losses caused by the actions of passengers.
In case of damage by passengers to equipment, devices, mechanisms, violation of their integrity (including ripped door handles, mirrors, etc.), damage to the glazing, interior of the vehicle, the Customer shall assist the driver in drawing up the relevant act, and reimburse the losses caused by the actions of passengers.
8.2. Liability of the Contractor:
8.2.1. In case of trip failure through the Contractor's fault (refusal to fulfil the Order less than 24 hours before the due time), the latter shall refund the cost of the services paid for.
8.2.2. In case the Customer misses the flight through the Contractor's fault, the latter shall reimburse the Customer for the air/railway ticket reissuance expenses, but no more than five hundred (500) conventional units in the currency in which the payment was made services. In this case, the Customer shall provide the Contractor with documentary proof of expenses and documents evidencing the Contractor's fault.
8.2.3. The Contractor hereunder shall be liable for the actions of third parties engaged for provision of services under this Contract, except for damage to life and health of passengers in case of a traffic accident. Liability for damage to life and health of passengers in case of a traffic accident shall be regulated and governed in accordance with the relevant laws applicable to such cases.
9. CARGO DELIVERY
9.1 Within the framework of this Contract the Contractor renders to the Customer cargo delivery services on a «door-to-door» basis, and the Customer undertakes to accept and pay for the rendered services.
9.2 The order for delivery services may be sent via the Service within up to twenty four (24) hours prior to the start of the service provision. The minimal reservation period may be reduced or increased depending on the city of the services provision. The provision of delivery services is carried out on the basis of the Customer's requests, the request is considered agreed by the Parties only if it is confirmed by the Contractor, and from that moment it is considered an order and is binding on the Parties.
Payment for delivery services shall be carried out in the same manner as stipulated in Section 7 of this Agreement for payment for transfer services.
9.3. Delivery services are provided in the amount, on conditions and in time according to the order agreed by the Parties.
9.4. A cargo is accepted for delivery, the total weight of which is not more than 20 kg, any measurement should not exceed 150 cm, the sum of length and perimeter of the greatest cross-section - 300 cm. Cargos may contain both documentary and non-documentary attachments.
Delivery of a larger cargo, as well as sports equipment (skis, snowboards, golf bags, surfboards, bicycles, etc.), baby strollers, wheelchairs, musical instruments, carriers for animals, etc. are non-standard cargos subject to edition agreement with the Contractor.
The following cargos are not accepted for delivery:
9.4.1. flammable, explosive, poisonous substances and objects, including domestic gas cylinders;
9.4.2. items that are dirty or capable of dirtying others, having a disgusting smell, inconvenient to carry;
9.4.3. glass and china products (glasses/bottles/crystal, etc.) without special packaging;
9.4.4. items for which transport requires specially equipped vehicles;
9.4.5. items which are restricted in circulation under the current legislation, their use and/or delivery is illegal, including but not limited to:
- Firearms, signaling, pneumatic, gas weapons, ammunition, cold weapons (including throwing weapons), electroshock devices, as well as main parts of firearms;
- Narcotic drugs, psychotropic, potent, radioactive, explosive, poisonous, caustic, flammable and other dangerous substances;
- animals and plants, biological materials;
- cash currency, securities, excise stamps;
- non-ferrous metals, precious and semiprecious stones and products from them;
- art values, paintings, icons, antiques;
- items which, by their nature or packaging, may present a danger to the driver of the vehicle;
- counterfeit items - items, labels, packages of items on which the trademark or a similar designation is illegally placed to the extent of confusion;
- cargos containing precious metals, precious stones and products containing them.
- personal identification documents;
- cargos that require special storage and transportation conditions, including compliance with a certain temperature regime.
9.5 The Customer confirms that the Cargo does not contain any attachment prohibited for transportation in accordance with this Contract and the current legislation. The Contractor shall not inspect the attachment of the cargo, inspection of the contents of the cargo after its acceptance for delivery is possible only at the request of the authorities, authorized bodies in accordance with applicable law.
9.6. Essential conditions of delivery services under this Contract:
- delivery time: if the cargo was transferred for delivery before 16:00 (time of the place of dispatch), delivery shall be carried out on the day of receipt of the order, in case the Contractor receives the cargo for delivery after 16:00 (time of the place of dispatch) - the cargo will be delivered to the recipient within next day;
- delivery to office and administrative buildings is carried out only during working hours;
- if there is no elevator in the building, if the driver's pass to the territory and/or the building is not issued, loading/taking of the cargo to/from the vehicle is performed by the sender/recipient himself/herself;
- receipt of the cargo for delivery, as well as issuance of the cargo to the recipient, is carried out upon presentation by the sender/recipient of an identity document (passport/driver's license), and is accompanied by a mandatory stamp in the itinerary confirming that the cargo has been handed over/received.
- delivery of cargos shall be carried out by the Contractor on the basis of information about the sender, the recipient, the nature and content of the cargo, the address to receipt of the cargo for delivery and the address to issuance of the cargo specified by the Customer when placing the order. Delivery to the address specified by the Customer and transfer of the cargo to the person whose contact information is specified in the order means fulfillment of obligations on delivery of the cargo by the Contractor.
9.7. The Customer prepares the cargos at his own expense. The packaging shall ensure the safety of the attachment, its properties and qualities during transportation, ensure the safety of the driver of the vehicle. The Customer shall be responsible for the consequences of the incorrect inner packaging of the cargo (fighting, breakage, deformation, leakage, etc.) and shall indemnify the Сontractor for damages caused by such packaging.
9.8 The cargo must be ready for receipt for delivery by the time the representative of the Contractor arrives. The driver's waiting time at the delivery address specified in the order is limited to 20 (twenty) minutes. If the Contractor has arrived on time to receive the cargo but the cargo has not been delivered within the waiting time specified in this article, the order is considered to be completed and the delivery service is duly provided and payable by the Customer.
9.9. Before delivery of the cargo to the recipient, the Contractor shall contact the recipient by the phone number specified by the Customer in the order and agrees the delivery time.
Waiting for the recipient by the Contractor at the place of delivery of the cargo specified in the order is limited to 20 (twenty) minutes. If the recipient does not appear for the cargo within the specified time or refused to receive it, the order is considered to be completed and the delivery service provided properly and payable by the Customer.
9.10. If the recipient does not appear to receive the cargo within the agreed time, the cargo can be delivered by the Contractor on the next day after the Customer confirms the payment for additional arrival.
9.11. In case of the recipient's refusal to receive the cargo as well as in case of refusal of the Customer to pay for the additional arrival, the Contractor delivers the cargo to the Customer, in this case the latter undertakes to pay the costs of the Contractor related to the return delivery.
If the Customer refuses to pay the cost of return delivery, the Contractor reserves the right to retain the cargo until the cost of return delivery is paid.
9.12. If the Customer has specified incorrect information when placing an order, and as a result it was not possible to deliver the cargo to the recipient, the fee is charged as for the provided delivery service.
9.13. The Contractor's liability for loss of or damage to the cargo is limited to the documented damage not exceeding the delivery cost of the cargo. Indirect and consequential damages, as well as loss of profit, are not subject to compensation.
9.13.1 The Contractor is not liable for damage to the cargo if the integrity of its packaging was not violated during delivery.
9.13.2 In case it is necessary to deliver a cargo containing such attachments as foodstuffs, including perishables, the Contractor is not responsible for the freshness of the products during transportation, as well as for the loss of their suitability for consumption.
9.13.3 The Contractor is not responsible for the loss (damage) of the prohibited cargo, including if such cargo was mistakenly accepted for delivery.
9.13.4. The Customer has the right to complain to the Contractor about the quality of the delivery service within 3 (three) days from the date of the service. Upon expiry of the aforesaid time period the services shall be considered accepted in full and no complaints shall be accepted. The Customer shall inform the recipient that in case of receiving the cargo in the damaged package, the recipient shall draw up an Act describing the damage to the cargo, if any, in the presence of a representative of the Contractor.
9.13.5 If the Customer has provided a cargo for delivery that is dangerous cargo or contains prohibited items, misleading the Contractor with regard to the nature of the cargo and its qualities, the Customer is obliged to indemnify for damages incurred as a result of such actions, and to assume the risk of liability for damages caused by such cargo to third parties, contractors and subcontractors of the Contractor.
9.13.6. In everything else that is not provided for in this section, in the provision of delivery services, the parties shall be guided by other provisions of this Contract regarding the provision of transfer services, such as the procedure for dispute resolution and other provisions, unless impossibility of application to relations of the parties in the provision of delivery services.
10. EXCLUSIVE RIGHTS
10.1 The Customer acknowledges and agrees that the Services, all necessary programs associated with it, contain confidential information, as well as intellectual property objects of the Contractor, protected in accordance with applicable law.
10.2 Under this Agreement, the Contractor grants the Customer a limited right to use the Services and also grants rights to the Services and their components by way of a non-commercial non-exclusive limited License. Granting the Customer the License to use the Services under this Agreement is free of charge.
10.3 Within the framework of the License, the Customer is granted the rights to use the Services in the following ways and within the following limits: reproduction, use of the Services for their direct functional purpose in order to make reservations and to perform this Agreement. Other ways of using the Services by the Customer are prohibited, in particular, the Customer may not, without prior written consent of the Contractor: sell, issue Licenses (sublicenses), lease, assign, transfer, pledge, grant rights under the License granted to third parties, publish the results of any comparative analysis on the Services, use these results for their own competing activities in software development, modify, e-design, modify, etc.
10.4 The Contractor reserves the right to terminate the License issued under this Agreement at any time and for any reason. Violation of the conditions of this Agreement by the Customer will lead to the cancellation of the License and the Agreement itself.
10.5 Services are provided on an «as is» basis. The Contractor does not provide any guarantees about the compliance of the Services, their functionality to the specific purposes and expectations of the Customer, will be provided continuously, quickly, reliably and error-free, and all errors in the software of the Services will be corrected.
10.6 The Contractor reserves the right to limit the access to the functionality of Services and the Customer's Personal account for organizational or technical reasons unilaterally without prior notice to the Customer until the removal of such reasons, but not more than for 3 (three hours) within one calendar month.
10.7 Any actions performed using the Customer's login and password are considered to be performed by the relevant Customer. The Customer is solely responsible for all actions and their consequences within and/or in connection with the use of its data for login to Services, including the cases of transfer of data for access to third parties on any terms.
10.8 The Contractor reserves the right to limit the Client's access to Services in case the Contractor has suspicions of unauthorized access to Services by third parties using the Client's data and/or fraudulent actions by the Client and/or by third parties using the Client's data. To restore access to the Services, the Customer must submit a written request to the Contractor to provide evidence of the absence of the circumstances that caused the blocking of access to the Services.
11. DISPUTE SETTLEMENT PROCEDURE
11.1. All disputes and disagreements that may arise between the Parties from execution of this Contract will be settled through negotiations and/or issuance of claims by the Parties.
11.2. The Parties shall issue all claims that arise during execution of this Contract in writing. A claim shall be examined within five (5) business days from the date of receipt.
11.3. In case it is impossible to settle disputes through negotiations, the Parties shall transfer such disputes for consideration to the Court at the location of the defendant.
11.4. The Parties have agreed that the services shall be deemed duly provided by the Contractor and accepted by the Customer in full, unless the Contractor receives the Customer' reasoned objections in writing within three (3) days after the completion of the service provision. Upon expiry of the aforesaid time period, the Customer's claims for inadequate services, including claims for quantity/scope, cost and quality, shall be rejected.
12. FINAL PROVISIONS
12.1. This Contract shall take effect upon receipt of the Customer's Order for reservation of transfer services and shall be in effect until the Parties discharge their obligations hereunder.
12.2. By placing the Order for transfer services, the Customer accepts the conditions of this Offer. The Contractor may amend and supplement this Contract without additional notice to the Customer.
12.3. Force majeure circumstances (fire, warfare, decisions of supreme public authorities, strikes, etc.) that make it impossible to discharge the obligations resulting from this Contract shall release the Parties from liability for their obligations.
12.4. By accepting this Contract-Offer, the Customer gives his/her consent to the use of his/her personal data in any way, including the full name, contact number, e-mail address, as well as third party personal data specified in the documents transferred to the Contractor, solely as part of this Contract execution.
By accepting this Contract, the Customer confirms that he is familiarized and agrees with the Statement of Privacy, approved by the Contractor.
12.5. The Contractor shall warrant confidentiality of the Customer's private information provided at the time of placement of the Order for transfer services.
12.6. The information at the Service has been received, collected and prepared by the Contractor for the Customer and is reliable as of the Order placement date.
12.7. Neither the Contractor nor its employees, nor non-staff employees shall be liable for the losses resulting from the use of the Service information for personal purposes of the Customer or other practical purposes, or for direct or indirect wastes or losses incurred as a result of the Service failures or outages.
12.8. Any information received by the Customer via e-mail or published at the Service shall be designed for private non-commercial use. The Customer may not copy, broadcast, communicate, publish or otherwise reproduce the Service materials in quantity without the written permission of the Contractor.
12.9. The Parties have agreed that fax and other documents, as well as document copies received by electronic means of communication shall operate as originals if the senders of such documents are absolutely clearly identified. Moreover, the document copies received by the Party shall operate until the original documents are submitted.
12.10. References to a word or term in the Contract in the singular include references to that word or term in the plural. References to a word or term in the plural include references to that word or term in the singular. This rule applies unless the text of the Contract otherwise follows.
12.11. The names of the sections in this Contract are for the convenience of reference only and may not be used for the purpose of interpreting this Contract, its individual terms.
12.12. The Contractor per the present Offer is a legal entity properly registered in accordance with effective legislation with following details:
WELLGATE SERVICES LP
Postal address: 5 South Charlotte Street, Edinburgh, Scotland, EH2 4AN
e-mail: wellgateLP@gmail.com
1. GENERAL
1.1. This agreement is a public offer of WELLGATE SERVICES LP, hereinafter referred to as “the Contractor", to the Customer (a private person or a legal entity) for making the Transfer Services Contract (hereinafter referred to as “the Contract") on the conditions set forth in this Offer.
1.2. This Contract shall be made under a special procedure: through acceptance of this Offer containing all essential conditions of the Contract, without signing by the Parties.
1.3. Performance of actions by the Customer to fulfil the contract conditions specified in the Offer, including placement of an Order at the Website and payment for the services by the Customer (payment using a bank card or otherwise, as offered at the Contractor's website) shall mean full and unconditional acceptance of the Offer.
1.4. After receipt of the Order, all information stated therein shall form the basis for the Contract between the Contractor and the Customer. In this case, “the Customer" (“a Party to the Contract") shall mean any person specified in the payment document on whose behalf the payment has been made hereunder (“the payer"); if the payment has been made on behalf of a third party (and this follows from the payment document or another official document), the Customer hereunder shall be the person on whose behalf the payment has been made.
1.5. This Contract is a multilateral transaction consisting of the accepted public offer and its integral parts, as well as appendices, agreements, procedures and provisions posted at the Contractor's Service.
1.6. The Contractor shall provide the Customer with reliable information on the scope and characteristics of transfer services. The services shall be directly provided to the Customer by third parties. The Contractor is not a carrier, taxi provider or motor vehicle owner and shall provide reservation (preliminary Order) of services rendered by third parties; therefore, the Contractor shall not be liable for life and health of Customers (passengers).
2. TERMS AND DEFINITIONS
2.1. The following terms and definitions shall be used in this Contract:
Transfer is an integrated service that includes:
- Waiting for the Client(s) at the airport or station until they actually arrive;
- Meeting the Client(s) at the point of departure with a sign, indicated in the Order, for the directions where the meeting with a sign is possible (if it does not contradict the internal rules of the airport, railway station or hotel).
In the case of registration of the Order of standard or comfort class the meeting with a sign within the framework of providing transfer services is optional. The list of destinations where the Customer may choose the availability or unavailability of the service of meeting with a sign and the cost of such services are determined by the Contractor unilaterally, shall be provided to the Customer at the time of booking and shall be accepted by the Customer by completing the Order.
For the directions where the point of departure is not an airport, railway station or hotel, when placing the Order possibility of adding a sign to the transfer service may not provided, and the Contractor has not coordinated the possibility of meeting with a sign on a separate request of the Customer, a meeting with a sign is not carried out.
As part of the transfer service for Orders that do not include a meeting with the sign, the passenger is met by a prior call from the driver to the passenger in order to coordinate the passenger's further actions to meet the driver and to be directed to the vehicle assigned to the Order.
- The driver's assistance in delivery of the Client's baggage from the meeting point to the pre-ordered and approved vehicle, subsequent placement of baggage in the vehicle;
- The Client's trip in the motor vehicle to the destination point.
Transfers shall be made by motor cars of various classes, minivans, minibuses. Provision of services with the use of minivans, minibuses shall not involve the meeting with a sign plate at the terminal or station platform; the sign plate shall be installed on the vehicle wind screen.
The transfer service shall involve mandatory fulfilment of all the above items. The items may not be excluded or modified.
Vehicle with Driver Rental is provision of a vehicle with driver for transportation of the Client. The Vehicle with Driver Rental service shall be provided within the location specified in the Order. The unit of measure for the service scope shall be 1 rental hour. Trips outside the locations, to/from the airport or railway station shall be treated as transfers.
Client is a private person whom the Customer offers the opportunity of using the transfer services.
Contract is this agreement of the Parties on all essential conditions of services provision in the form of a public offer hereinafter unconditionally and fully accepted by the service consumer.
Offer (public offer) is proposals addressed to general public; shall be regarded as an invitation to make offers, unless otherwise expressly specified in the proposal, and shall contain all essential conditions of the contract; the proposal implying the offerer's intent to make the contract on the conditions specified in the proposal with any responding person shall be recognised as the Offer (public offer).
Acceptance is the accepting response of the offeree. The response shall be full and unconditional. Unless otherwise required by the law, normal business practice or previous business relations of the Parties, silence is not an acceptance. Unless otherwise provided by the law, other legal acts or specified in the Offer, performance of actions by the offeree to fulfil the contract conditions specified in the Offer within the time established for the Offer acceptance (provision of services, payment of the relevant amount, etc.) shall be regarded as acceptance.
Website is the software administered by the Contractor, which is a source of information and allows using technical means to carry out interaction between the Customer and the Contractor, the Internet site located: transferseveryday.com with a unique URL (Uniform Resource Locator - Universal Resource Locator).
Online Reservation System is the electronic register of accrual, modification or termination of mutual rights and obligations hereunder. The Online Reservation System is an integral component of the Website which makes it possible to search for and order services by compiling and sending Client notifications and instructions over the Internet.
Payment is the funds transferred by the Customer to the Contractor to pay for the transfer services.
Account - a set of data about the Customer required to provide access to the booking form and user authentication, as well as allowing the Customer through the Website to interact with the Contractor, in particular, to order the service.
License - a non-commercial non-exclusive limited license provided by the Contractor to the Customer within the framework of this Agreement, providing the Customer with a limited right to use the Service and its components.
Authorization (authentication) - Customer identification when providing access to the Services.
The Contract may use terms other than those defined above. In this case, such terms shall be construed in accordance with the text of the Contract.
3. SUBJECT OF THE CONTRACT
3.1. The subject of this Contract is providing the Customer with the opportunity of transfer and other services reservation through the Contractor's Online Reservation System at through Contractor's Service.
3.2. The Order may be sent via the Service within up to twenty four (24) hours prior to the start of the service provision. The minimal reservation period may be reduced or increased depending on the city of the services provision.
3.3. By placing an Order, the Customer agrees to receive information and promotional materials from the Contractor to the mobile phone number and (or) e-mail address specified by the Customer via electronic communication networks, including through the use messengers WhatsApp, Viber. The Customer agrees to the processing of the personal data provided by the Contractor, including for the purpose of implementing a marketing program in the form of promoting services, implementing loyalty programs by making direct contacts using communications and advertising messages, collecting analytical information to assess the quality of the services provided by the Contractor.
The Customer has the right at any time to revoke the consent given to the Contractor in this paragraph by sending an appropriate request to the details of the Contractor specified in this Agreement.
3.4. When ordering the transfer service any address within the city limits of the chosen settlement is considered additional. In this case, the cost of additional arrivals shall be determined by the internal rules of the Contractor.
3.5. The Contractor shall make efforts so as to provide the Customer with a driver with knowledge of the local language or an English-speaking driver, but does not warrant this. The driver's ignorance of any language shall not entitle the Customer to raise claims against the Contractor.
3.6. If the Customer requires additional services (provision of a child seat, travel on a toll road, etc.), he shall send the Contractor to the request. The request shall mean the Customer's request to the Contractor to provide information about the possibility and conditions of organizing services. The cost of rendering services under the request taking into account additional services may be increased in comparison with those specified in the agreed Order.
3.7. The number of passengers, including children, shall correspond to the capacity of the selected car class in accordance with the technical documentation, and the placement of children in the front seat of the vehicle next to the driver is not allowed. Placing a child car seat or non-standard luggage in the vehicle may reduce the specified capacity threshold.
As carry-on baggage in the vehicle it is possible to carry only things that pass freely through the doorways, do not contaminate or spoil the seats, do not prevent the driver from driving the vehicle and use rear-view mirrors.
Luggage of passengers is carried in the luggage compartment of the vehicle. Luggage dimensions shall allow its carriage with the lid of the luggage compartment closed. If free space is available, carry-on baggage may also be placed in the luggage compartment by agreement with the driver of the vehicle.
The luggage compartment corresponds to the following options for placing Luggage:
- 2 (two) pieces of luggage size «L», or
- 3 (three) pieces of luggage size «M», or
- 4 (four) pieces of luggage size «S».
Criteria Size «S» Size «M» Size «L»
Height (cm) 54 65 72
Width (cm) 40 42 44
Depth (cm) 22 24 26
Larger luggage as well as sports equipment (skis, snowboards, golf bags, surfboards, bicycles, etc.), baby strollers, wheelchair, musical instruments, pet carriers, etc. are non-standard luggage and are subject to additional agreement, which in some cases may increase the cost of the service.
The driver has the right to refuse to place the luggage to the passenger in case of exceeding the set amount, as well as in case of non-standard luggage, the placement of which was not previously agreed upon by the parties.
4. MOTOR CAR WITH DRIVER RENTAL
4.1. The minimal period of car with driver rental shall be established by the Service and is reported to the Customer when the Order is formed using the Contractor's Service.
4.2. The Contractor shall provide the car with driver rental services only as part of the preliminary Order.
4.3. The car with driver rental services shall be paid for regardless of whether or not the Customer has used the service, the car usage time, route, mileage, or idle time through no fault of the Contractor. Extension of car rental services with the driver is carried out by sending an additional request by the Customer, and such extension is possible only with the agreement of the Contractor, if the latter expresses the possibility and willingness to provide the requested service.
4.4. The car with driver rental services shall not cover the trips to airports, railway stations, coach terminals and trips outside the city; the aforesaid trips are transfers and shall be chargeable accordingly.
4.5. The car with driver rental services shall be paid in non-cash form, cash payment is impossible.
4.6. If the provision of the car with driver rental service starts at the airport, the first hour of service provision shall be chargeable as transfer; the provision of the car with driver rental service shall start thereafter.
4.7. If the provision of the car with driver rental service starts at a location other than the Contractor's location, the service provision cost shall be increased by the cost of transfer to the aforesaid location; moreover, the time of the car delivery to the location shall be deemed as transfer, all subsequent servicing shall be deemed as car with driver rental service.
5. PROVISION OF MINIVANS, MINIBUSES
5.1. The Contractor may choose to place the sign table in minivans, minibuses:
a) above the wind screen;
b) at the top of the wind screen;
c) on the right side of the body along the vehicle path;
d) on the rear window of the vehicle.
5.2. Transfers by minivans, minibuses shall not involve the service for assistance in delivery and/or placement of the baggage.
5.3. When ordering transfers by minivans, minibuses, the Customer shall appoint a supervisor (the Client listed first in the Order shall be deemed the default supervisor) for settling all issues arising in the course of transfer services provision. The supervisor shall be responsible for assembling and seating of the Clients in the vehicle. The Contractor shall not be liable for assembling of the Clients at the specified dispatch point and shall not arrange the assembling of the Clients at the specified dispatch point.
6. OBLIGATIONS OF THE PARTIES
6.1. The Customer shall:
6.1.1. Provide the required information on each Order in the form of completed Orders at the Contractor's Service so as to allow the Contractor to properly perform its obligations. In case incomplete or inaccurate information is provided, the Contractor reserves the right to modify the services provision cost on a unilateral basis or refuse to provide the service and seek recovery of losses from the Customer.
6.1.2. Provide the Contractor with accurate information on e-mail address and telephone number required for the Contractor to promptly contact the Customer. If there is no indication of the passenger's contact number when placing the Order, the Contractor is not responsible for the Client's failure to arrive at the appointed place and time.
6.1.3. At the request of the Contractor to provide the necessary additional information about the Client (passenger), including the passport data of the latter, if the provision of such information is necessary to provide a transfer service in accordance with the laws of the country where the Order is executed. If the necessary information is not provided no later than 8 (eight) hours before the start of the execution of the Order, the Contractor has the right to refuse to provide the service without applying penalties to it.
6.1.4. Arrive at the point of services provision start by the time specified in the Order. The period of free waiting for the Customer/passenger under the agreed Order is 20 minutes after the arrival of a train, intercity bus or arrival at an address within/outside the city, 1 hour after the aircraft landing at the airport. In case the passenger fails to appear upon expiry of the aforesaid time, the Order and the service shall be deemed to have been executed and provided, without repaying the Order cost to the Customer. In case of flight delay, the passenger waiting period shall be extended in proportion to the flight delay time without any additional waiting charges.
6.1.5. Observe the passengers and baggage transportation rules established by transportation regulations, codes and relevant bylaws.
6.1.6. Treat third-party property with proper care, observe the rules of use established by third parties for such property, refrain from damaging third-party property. The Customer shall warrant the provision of his/her obligations to the Contractor, including the indemnity obligations.
6.2. The Contractor shall:
6.2.1. Provide services as per the Customer's Order.
6.2.2. The Contractor shall provide services to the Customer within the time periods specified in the Order after the receipt of funds to the Contractor's settlement account, unless otherwise additionally agreed by the Parties.
6.2.3. In case of technical failure in the motor vehicle, the Contractor shall replace it with a motor vehicle of equivalent class.
6.2.4. After the Order placement, the Contractor shall send information to the Customer by means of a text or e-mail message or the operator's call to confirm that the Order has been accepted and the service will be provided at the time and place specified in the Order.
6.2.5. After the Order placement, the Contractor shall send the Itinerary Receipt for transfer to the Customer to confirm the Customer's right to receive the service.
6.3. The Customer shall have the right to:
6.3.1. Cancel the placed Order without any penalties within the cancellation period specified in the Itinerary Receipt for transfer.
6.4. The Contractor shall have the right to:
6.4.1. Update the required information for proper provision of transfer services.
6.4.2. Refuse to provide services if servicing is technically impossible or for other reasons (provision of incorrect or incomplete transfer information; the Client(s) being in the state of alcoholic or drug intoxication; the Clients' actions threatening the life and health of the driver and condition of the car).
6.4.3. The Contractor reserves the right to refuse to modify the route during the immediate provision of the service, but will make every possible effort so as to provide the service to the Customer and to fulfil the conditions of this Contract in a proper manner.
6.4.4. Modify the transfer service on a unilateral basis (route modification, replacing the vehicle with another one of equivalent class, driver replacement), without prejudice to the Customer's interests.
6.4.5. Deviate from the motor vehicle delivery time specified in the Customer's Order by no more than fifteen (15) minutes. This deviation shall not entail payment of penalties or other compensations in favour of the Customer.
6.4.6. The driver may request the Client's identity documents.
7. SETTLEMENT PROCEDURE
7.1. The cost of transfer services shall be determined on the basis of price lists and information posted at the Contractor's website. The final cost of transfer services/service package shall be determined on the basis of the services calculation in the Order.
7.2. The Customer shall be provided with information on the cost of the services being ordered prior to the Order placement. In case of consent to the cost of the services being ordered, the Customer shall send his/her Order for reservation of transfer services. Sending of the Order shall be recognised as the Customer's consent to the cost of transfer services.
7.3. A private Customer shall pay for transfer services as follows:
To perform the reservation of transfer services, the Customer shall make a 100% advance payment in the amount specified at the time of the Order completing. The service payment shall be made at the Contractor's website on the ordering day using a plastic card, otherwise, the Order will be cancelled. At the time of the Order placement, the required amount shall be reserved on the Customer's card until Order execution. If there are no or insufficient funds on the Customer's card, the service is not provided. In case the reservation is cancelled before the time specified in the Itinerary Receipt for transfer, the funds on the Customer's card shall be released within three (3) business days. In case of exceeding the cost of actually rendered service, the additional funds may be deducted from the Customer's card in the non-acceptance order in the amount required to pay the difference between the cost of actually rendered service and the cost of service specified in the Order.
7.4. A corporate Customer shall pay for transfer services on conditions agreed by the Parties on case-by-case basis.
8. LIABILITY OF THE PARTIES
8.1. Liability of the Customer:
8.1.1. In case of trip failure through the Customer's fault (provision of incorrect information on the service ordered, the Customer's failure to arrive at the appointed place and time, Order cancellation within time periods shorter than those specified in the Itinerary Receipt for transfer), the funds paid by the Customer shall not be refunded.
8.1.2. The Customer is responsible for passengers' cleanliness and order during their stay in the vehicle, and undertakes to warn them against drinking alcohol, smoking in the cabin, dirtying and spoiling the seats and headrests, and leaving garbage in the cabin. In case of contamination of the vehicle by passengers, the Customer undertakes to compensate the cost of dry cleaning of the passenger compartment and reimburse all other possible losses caused by the actions of passengers.
In case of damage by passengers to equipment, devices, mechanisms, violation of their integrity (including ripped door handles, mirrors, etc.), damage to the glazing, interior of the vehicle, the Customer shall assist the driver in drawing up the relevant act, and reimburse the losses caused by the actions of passengers.
8.2. Liability of the Contractor:
8.2.1. In case of trip failure through the Contractor's fault (refusal to fulfil the Order less than 24 hours before the due time), the latter shall refund the cost of the services paid for.
8.2.2. In case the Customer misses the flight through the Contractor's fault, the latter shall reimburse the Customer for the air/railway ticket reissuance expenses, but no more than five hundred (500) conventional units in the currency in which the payment was made services. In this case, the Customer shall provide the Contractor with documentary proof of expenses and documents evidencing the Contractor's fault.
8.2.3. The Contractor hereunder shall be liable for the actions of third parties engaged for provision of services under this Contract, except for damage to life and health of passengers in case of a traffic accident. Liability for damage to life and health of passengers in case of a traffic accident shall be regulated and governed in accordance with the relevant laws applicable to such cases.
9. CARGO DELIVERY
9.1 Within the framework of this Contract the Contractor renders to the Customer cargo delivery services on a «door-to-door» basis, and the Customer undertakes to accept and pay for the rendered services.
9.2 The order for delivery services may be sent via the Service within up to twenty four (24) hours prior to the start of the service provision. The minimal reservation period may be reduced or increased depending on the city of the services provision. The provision of delivery services is carried out on the basis of the Customer's requests, the request is considered agreed by the Parties only if it is confirmed by the Contractor, and from that moment it is considered an order and is binding on the Parties.
Payment for delivery services shall be carried out in the same manner as stipulated in Section 7 of this Agreement for payment for transfer services.
9.3. Delivery services are provided in the amount, on conditions and in time according to the order agreed by the Parties.
9.4. A cargo is accepted for delivery, the total weight of which is not more than 20 kg, any measurement should not exceed 150 cm, the sum of length and perimeter of the greatest cross-section - 300 cm. Cargos may contain both documentary and non-documentary attachments.
Delivery of a larger cargo, as well as sports equipment (skis, snowboards, golf bags, surfboards, bicycles, etc.), baby strollers, wheelchairs, musical instruments, carriers for animals, etc. are non-standard cargos subject to edition agreement with the Contractor.
The following cargos are not accepted for delivery:
9.4.1. flammable, explosive, poisonous substances and objects, including domestic gas cylinders;
9.4.2. items that are dirty or capable of dirtying others, having a disgusting smell, inconvenient to carry;
9.4.3. glass and china products (glasses/bottles/crystal, etc.) without special packaging;
9.4.4. items for which transport requires specially equipped vehicles;
9.4.5. items which are restricted in circulation under the current legislation, their use and/or delivery is illegal, including but not limited to:
- Firearms, signaling, pneumatic, gas weapons, ammunition, cold weapons (including throwing weapons), electroshock devices, as well as main parts of firearms;
- Narcotic drugs, psychotropic, potent, radioactive, explosive, poisonous, caustic, flammable and other dangerous substances;
- animals and plants, biological materials;
- cash currency, securities, excise stamps;
- non-ferrous metals, precious and semiprecious stones and products from them;
- art values, paintings, icons, antiques;
- items which, by their nature or packaging, may present a danger to the driver of the vehicle;
- counterfeit items - items, labels, packages of items on which the trademark or a similar designation is illegally placed to the extent of confusion;
- cargos containing precious metals, precious stones and products containing them.
- personal identification documents;
- cargos that require special storage and transportation conditions, including compliance with a certain temperature regime.
9.5 The Customer confirms that the Cargo does not contain any attachment prohibited for transportation in accordance with this Contract and the current legislation. The Contractor shall not inspect the attachment of the cargo, inspection of the contents of the cargo after its acceptance for delivery is possible only at the request of the authorities, authorized bodies in accordance with applicable law.
9.6. Essential conditions of delivery services under this Contract:
- delivery time: if the cargo was transferred for delivery before 16:00 (time of the place of dispatch), delivery shall be carried out on the day of receipt of the order, in case the Contractor receives the cargo for delivery after 16:00 (time of the place of dispatch) - the cargo will be delivered to the recipient within next day;
- delivery to office and administrative buildings is carried out only during working hours;
- if there is no elevator in the building, if the driver's pass to the territory and/or the building is not issued, loading/taking of the cargo to/from the vehicle is performed by the sender/recipient himself/herself;
- receipt of the cargo for delivery, as well as issuance of the cargo to the recipient, is carried out upon presentation by the sender/recipient of an identity document (passport/driver's license), and is accompanied by a mandatory stamp in the itinerary confirming that the cargo has been handed over/received.
- delivery of cargos shall be carried out by the Contractor on the basis of information about the sender, the recipient, the nature and content of the cargo, the address to receipt of the cargo for delivery and the address to issuance of the cargo specified by the Customer when placing the order. Delivery to the address specified by the Customer and transfer of the cargo to the person whose contact information is specified in the order means fulfillment of obligations on delivery of the cargo by the Contractor.
9.7. The Customer prepares the cargos at his own expense. The packaging shall ensure the safety of the attachment, its properties and qualities during transportation, ensure the safety of the driver of the vehicle. The Customer shall be responsible for the consequences of the incorrect inner packaging of the cargo (fighting, breakage, deformation, leakage, etc.) and shall indemnify the Сontractor for damages caused by such packaging.
9.8 The cargo must be ready for receipt for delivery by the time the representative of the Contractor arrives. The driver's waiting time at the delivery address specified in the order is limited to 20 (twenty) minutes. If the Contractor has arrived on time to receive the cargo but the cargo has not been delivered within the waiting time specified in this article, the order is considered to be completed and the delivery service is duly provided and payable by the Customer.
9.9. Before delivery of the cargo to the recipient, the Contractor shall contact the recipient by the phone number specified by the Customer in the order and agrees the delivery time.
Waiting for the recipient by the Contractor at the place of delivery of the cargo specified in the order is limited to 20 (twenty) minutes. If the recipient does not appear for the cargo within the specified time or refused to receive it, the order is considered to be completed and the delivery service provided properly and payable by the Customer.
9.10. If the recipient does not appear to receive the cargo within the agreed time, the cargo can be delivered by the Contractor on the next day after the Customer confirms the payment for additional arrival.
9.11. In case of the recipient's refusal to receive the cargo as well as in case of refusal of the Customer to pay for the additional arrival, the Contractor delivers the cargo to the Customer, in this case the latter undertakes to pay the costs of the Contractor related to the return delivery.
If the Customer refuses to pay the cost of return delivery, the Contractor reserves the right to retain the cargo until the cost of return delivery is paid.
9.12. If the Customer has specified incorrect information when placing an order, and as a result it was not possible to deliver the cargo to the recipient, the fee is charged as for the provided delivery service.
9.13. The Contractor's liability for loss of or damage to the cargo is limited to the documented damage not exceeding the delivery cost of the cargo. Indirect and consequential damages, as well as loss of profit, are not subject to compensation.
9.13.1 The Contractor is not liable for damage to the cargo if the integrity of its packaging was not violated during delivery.
9.13.2 In case it is necessary to deliver a cargo containing such attachments as foodstuffs, including perishables, the Contractor is not responsible for the freshness of the products during transportation, as well as for the loss of their suitability for consumption.
9.13.3 The Contractor is not responsible for the loss (damage) of the prohibited cargo, including if such cargo was mistakenly accepted for delivery.
9.13.4. The Customer has the right to complain to the Contractor about the quality of the delivery service within 3 (three) days from the date of the service. Upon expiry of the aforesaid time period the services shall be considered accepted in full and no complaints shall be accepted. The Customer shall inform the recipient that in case of receiving the cargo in the damaged package, the recipient shall draw up an Act describing the damage to the cargo, if any, in the presence of a representative of the Contractor.
9.13.5 If the Customer has provided a cargo for delivery that is dangerous cargo or contains prohibited items, misleading the Contractor with regard to the nature of the cargo and its qualities, the Customer is obliged to indemnify for damages incurred as a result of such actions, and to assume the risk of liability for damages caused by such cargo to third parties, contractors and subcontractors of the Contractor.
9.13.6. In everything else that is not provided for in this section, in the provision of delivery services, the parties shall be guided by other provisions of this Contract regarding the provision of transfer services, such as the procedure for dispute resolution and other provisions, unless impossibility of application to relations of the parties in the provision of delivery services.
10. EXCLUSIVE RIGHTS
10.1 The Customer acknowledges and agrees that the Services, all necessary programs associated with it, contain confidential information, as well as intellectual property objects of the Contractor, protected in accordance with applicable law.
10.2 Under this Agreement, the Contractor grants the Customer a limited right to use the Services and also grants rights to the Services and their components by way of a non-commercial non-exclusive limited License. Granting the Customer the License to use the Services under this Agreement is free of charge.
10.3 Within the framework of the License, the Customer is granted the rights to use the Services in the following ways and within the following limits: reproduction, use of the Services for their direct functional purpose in order to make reservations and to perform this Agreement. Other ways of using the Services by the Customer are prohibited, in particular, the Customer may not, without prior written consent of the Contractor: sell, issue Licenses (sublicenses), lease, assign, transfer, pledge, grant rights under the License granted to third parties, publish the results of any comparative analysis on the Services, use these results for their own competing activities in software development, modify, e-design, modify, etc.
10.4 The Contractor reserves the right to terminate the License issued under this Agreement at any time and for any reason. Violation of the conditions of this Agreement by the Customer will lead to the cancellation of the License and the Agreement itself.
10.5 Services are provided on an «as is» basis. The Contractor does not provide any guarantees about the compliance of the Services, their functionality to the specific purposes and expectations of the Customer, will be provided continuously, quickly, reliably and error-free, and all errors in the software of the Services will be corrected.
10.6 The Contractor reserves the right to limit the access to the functionality of Services and the Customer's Personal account for organizational or technical reasons unilaterally without prior notice to the Customer until the removal of such reasons, but not more than for 3 (three hours) within one calendar month.
10.7 Any actions performed using the Customer's login and password are considered to be performed by the relevant Customer. The Customer is solely responsible for all actions and their consequences within and/or in connection with the use of its data for login to Services, including the cases of transfer of data for access to third parties on any terms.
10.8 The Contractor reserves the right to limit the Client's access to Services in case the Contractor has suspicions of unauthorized access to Services by third parties using the Client's data and/or fraudulent actions by the Client and/or by third parties using the Client's data. To restore access to the Services, the Customer must submit a written request to the Contractor to provide evidence of the absence of the circumstances that caused the blocking of access to the Services.
11. DISPUTE SETTLEMENT PROCEDURE
11.1. All disputes and disagreements that may arise between the Parties from execution of this Contract will be settled through negotiations and/or issuance of claims by the Parties.
11.2. The Parties shall issue all claims that arise during execution of this Contract in writing. A claim shall be examined within five (5) business days from the date of receipt.
11.3. In case it is impossible to settle disputes through negotiations, the Parties shall transfer such disputes for consideration to the Court at the location of the defendant.
11.4. The Parties have agreed that the services shall be deemed duly provided by the Contractor and accepted by the Customer in full, unless the Contractor receives the Customer' reasoned objections in writing within three (3) days after the completion of the service provision. Upon expiry of the aforesaid time period, the Customer's claims for inadequate services, including claims for quantity/scope, cost and quality, shall be rejected.
12. FINAL PROVISIONS
12.1. This Contract shall take effect upon receipt of the Customer's Order for reservation of transfer services and shall be in effect until the Parties discharge their obligations hereunder.
12.2. By placing the Order for transfer services, the Customer accepts the conditions of this Offer. The Contractor may amend and supplement this Contract without additional notice to the Customer.
12.3. Force majeure circumstances (fire, warfare, decisions of supreme public authorities, strikes, etc.) that make it impossible to discharge the obligations resulting from this Contract shall release the Parties from liability for their obligations.
12.4. By accepting this Contract-Offer, the Customer gives his/her consent to the use of his/her personal data in any way, including the full name, contact number, e-mail address, as well as third party personal data specified in the documents transferred to the Contractor, solely as part of this Contract execution.
By accepting this Contract, the Customer confirms that he is familiarized and agrees with the Statement of Privacy, approved by the Contractor.
12.5. The Contractor shall warrant confidentiality of the Customer's private information provided at the time of placement of the Order for transfer services.
12.6. The information at the Service has been received, collected and prepared by the Contractor for the Customer and is reliable as of the Order placement date.
12.7. Neither the Contractor nor its employees, nor non-staff employees shall be liable for the losses resulting from the use of the Service information for personal purposes of the Customer or other practical purposes, or for direct or indirect wastes or losses incurred as a result of the Service failures or outages.
12.8. Any information received by the Customer via e-mail or published at the Service shall be designed for private non-commercial use. The Customer may not copy, broadcast, communicate, publish or otherwise reproduce the Service materials in quantity without the written permission of the Contractor.
12.9. The Parties have agreed that fax and other documents, as well as document copies received by electronic means of communication shall operate as originals if the senders of such documents are absolutely clearly identified. Moreover, the document copies received by the Party shall operate until the original documents are submitted.
12.10. References to a word or term in the Contract in the singular include references to that word or term in the plural. References to a word or term in the plural include references to that word or term in the singular. This rule applies unless the text of the Contract otherwise follows.
12.11. The names of the sections in this Contract are for the convenience of reference only and may not be used for the purpose of interpreting this Contract, its individual terms.
12.12. The Contractor per the present Offer is a legal entity properly registered in accordance with effective legislation with following details:
WELLGATE SERVICES LP
Postal address: 5 South Charlotte Street, Edinburgh, Scotland, EH2 4AN
e-mail: wellgateLP@gmail.com