This document contains the General terms and conditions, hereinafter referred to as the T&C, for using the information resources and services, provided by the website owners. They regulate the rules and the procedures applicable between zaednonapat.com, in the capacity of portal operator, and the registered users, as well as the relations between the users, their rights and obligations.
User shall be any person using the services provided through the platform for shared trips, hereinafter referred to as the platform/the portal. Zaednonapat.com is the owner of the platform and of its derivative platforms, including putujemozajedno.com, as additionally it collaborates with external partners. User shall not be entitled to use the services provided through the platform and to accept its T&C, if (A) he/she is not at the required age to be able to conclude legally valid contracts; (B) for whom there is a prohibition to use services, provided through the platform, pursuant to the then valid legislation of the Republic of Bulgaria or pursuant to such legislation in the countries where the platform operates, including the country where the user lives or from which country he/she uses the services.
The operator provides the service in the form of a platform for intermediation between registered users sharing particular trips. The operator gives no guarantee both for successful contacts, and for successful trips. The organization and implementation of each user-shared trip is determined and realized solely on the grounds of the agreements between the users, to which agreements the platform is not a party. The platform cannot guarantee the users’ safety.
1. User profile, contract
1.1. The users can register on the webpage of the platform and use all services it offers. The only requirement for making a registration and maintaining contractual relations is the provision of up-to-date information (incl. active e-mail) in the intended form. The users should be at the required age to be able to conclude legally valid contracts. When registering, each user enters his/her own/personal access password, as same shall be obliged to keep it secret and not disclose it to anyone, and not to provide access to the platform to third persons.
1.2. The contract between the platform and the users shall be considered concluded upon the user fills in the registration form and confirms the acceptance of the T&C set out below.
The platform offers services for exchange of information about shared trips and tourist opportunities between registered users. The service provides the user access to a database, through which contact can be made with other registered platform users. The participants can log in their own profiles that they have created, and can also edit them, post ads for a planned trip and/or for searching transport for a particular destination. In short, the platform enables the users to post ads for a shared trip, which ads appear on the websites owned by the platform, including zaednonapat.com and putujemozajedno.com.
2.1. Possibility for using additional functions by the registered users
An extra functionality of the platform allows using the internal messaging system, which enables the users to contact other (registered) users. User can post an ad and read the full text of other ads only if he/she has registered in the platform.
Other additional functionality is using the integrated payment system, which enables the users to pay a trip through the platform, by using the websites for on-line payment services. Thus both parties – driver and passenger – shall be certain that no problems will arise with the payment after the agreed trip destination is reached. This method of payment is highly recommended especially for long-distance trips (incl. international ones). The payment method is determined by the driver, in the ad same has posted, as the passenger cannot change it.
2.1.1. Information about the reservation system:
By using the reservation system, each user could send a reservation request to the driver, who has posted the ad. Upon receiving an approval by the driver, the trip shall be considered agreed, and the total number of seats, stated in the ad, shall be decreased with the number of seats requested by the passenger. Posting an ad for a shared trip and the subsequent confirmation of the reservation between the driver and the passenger, does not constitute a legally binding proposal for concluding a transportation contract. The platform is not a party to the agreements for shared use of motor vehicles.
2.1.2. Information about the payment system:
For the purpose of paying the transport costs, the platform offers several online payment methods: (1) PayPal, (2) ePay.bg, (3) bank transfer or (4) credit card. Each online payment shall be transferred to the driver according to the data same has entered in advance. The platform preserves the right to add new payment method options or to remove existing ones. The payment method options may vary depending on the country where the platform operates. Depending on the conditions set by the service provider (as part of the payment process), the payment options may be changed, as in this case the platform is not a party.
In case of payment via PayPal – the passenger shall pay the agreed amount for the trip to the platform account, and the platform shall transfer the amount due to the driver after deducting the charge due to PayPal for the transfer made.
In case of payment via ePay.bg – the passenger shall pay for the agreed trip to a microaccount of the platform, and the platform shall transfer the amount due to the driver after deducting the charge due to ePay.bg for the transfer made.
In case of bank transfer – the passenger shall pay the trip costs to the platform account, deducting the commission due on the transfer amount and shall transfer the remaining amount into the bank account specified by the driver.
In case of credit card payment – the passenger shall pay the trip amount through his/her credit card to the platform account. The driver account shall be credited with this amount after all bank charges due are deducted.
When any of the above-mentioned payment methods are used, the platform shall transfer the money to the driver account not later than 24 hours after the trip completion. Upon receiving the money due for a trip, the platform or the service provider shall send the driver a confirmation that the money are available.
2.1.3. Reservations and cancellation of reservations:
Through the reservation system of the platform the passengers can make a reservation of a seat in the driver’s vehicle, based on information in the driver’s ad. After receiving a reservation request from a passenger, the driver has to either confirm or reject the reservation.
184.108.40.206. Cancellation of already made reservation:
- if, on whatever reason, the driver cancels the trip, which the passenger has already paid through the reservation system, the latter will get his/her money back;
- if, on whatever reason, the passenger cancels the trip immediately before its realization and the payment is already made through the reservation system, the amount paid by the passenger will be transferred to the driver.
In case of failed trip by fault of any of the parties:
The passenger can notify that the trip has not been implemented, thereat:
- if a payment is made through the platform and the trip has failed by fault of the driver, the platform shall refund the money to the passenger.
- if a payment is made through the platform and the trip has failed by fault of the passenger, the platform shall transfer the trip amount to the driver.
The platform shall not be held responsible for not realized/failed trip.
3. User obligations
3.1.The user is obliged to provide correct and up-to-date information both for his/her profile data, and for the trip, for which an ad has been posted. In case of change in already registered data, the user should update them accordingly both in the profile, and in the ads same has posted. This is applicable also to the user’s personal data, including the mobile phone number, active e-mail, as well as to particulars referring to the trip being offered. When using some of the offered alternative methods of payment (different from cash payment), the user is obliged to provide the correct data required by the platform.
When registering in the platform the users do not have the right to save/provide information, such as telephone numbers and e-mails, as well as any other personal data outside the respective fields in the registration form. Any such data provision, different from the required registration data, shall be considered provided at the sole responsibility of the respective users.
Users, who intend to use the service for business purposes, are obliged to send a written inquiry to the operator describing in detail the business activity they will offer. Without the written authorization by the platform owner, any such use of the platform for business purposes is strictly forbidden.
3.2. Users are obliged to hold harmless the platform owner against any claims (in case the platform owner has received indemnification claims) of third parties, alleging that their rights, copyright, license, competition or other ownership rights in particular, have been violated, on the grounds of the information the users have provided or published.
3.3. Users are obliged to:
- comply with the agreements reached;
- be polite to each other;
- keep the vehicle clean and in perfect mechanical condition, according to the seasonal requirements.
3.4. The driver is obliged to present the passenger his/her identity document (driving license, vehicle documents, insurance), if the latter so requests. Passengers are also obliged to present their identity documents if the driver requests to see them. It is recommended that both parties have the platform ticket/confirmation, printed on paper, for the particular trip. Both parties are not allowed to transport hazardous or prohibited substances/goods during the shared trip.
3.5. The driver is obliged to observe all road traffic safety rules and regulations, including those, applicable to the mechanical condition of the vehicle.
3.6. Users are obliged to use the platform only for the specific services it offers.
- prohibition for posting outrage/threat both in an ad, and in a message to a user;
- ads or messages with racialist or pornographic content;
- obligation of the users to comply with the T&C, the regulations and the valid legislation of the country, on which territory they use the services offered by the platform.
3.7.1. Commercial use prohibition:
The information published in the platform can be used for personal use only. Users are not allowed to make commercial proposals (e.g. concealed in the form of trip ads) in their communication with other users.
3.7.2. It is forbidden ads to be posted on behalf of third persons.
3.7.3. It is forbidden ads to be posted for transport with the use of busses and similar public transport vehicles. The transport vehicles in the posted ads should have not more than nine seats.
3.7.4. All user activities, aimed at making a trip non-functional or impeding the use of an offer, are strictly forbidden and shall be prosecuted. More particularly this includes those measures that affect the physical and logical structure of services, the state and the automated method of saving data, the use of mechanisms, software or scripts. The trip services should not be used in any way for illegal purposes. The data published in the platform is for personal use only and should not be copied.
3.8. Code of Conduct
The users agree to comply with the following rules of conduct:
3.8.1. Transport related principles:
- both the driver and the passenger shall arrive at the specified place five minutes before the agreed time;
- both the driver and the passenger shall wait at the specified place up to 15-20 minutes after the agreed time;
- both the driver and the passenger agree to communicate with each other through the messaging system or in other, not guaranteed by the platform, way.
3.8.2. Contact between users:
- contact with other users (either through the integrated messaging system or through e-mail, or by any other form of communication) is allowed only with regard to asking questions or conclusion of agreement for a particular trip.
3.9. Rating and sanctions system:
In order to guarantee the reliability of both the driver and the passenger, the platform maintains its own rating research based on the posted comments. Upon the completion of a shared trip, the participants (excluding the driver, who has posted the ad) receive on their e-mail a link, through which they can give their vote for the driver. The users are free to give both positive and negative votes for each other, which vote might also require justification. The platform makes a calculation and publishes the rating of each user. Only the participants, whose trip reservation has been made through the platform, will receive a voting link.
4. Copyright and in intellectual property
The information published in the platform is copyright and intellectual property right protected. All rights in the website content, design, and algorithm, its visual representation, and other intellectual property rights are owned by zaednonapat.com in the capacity of operator of the platform.
5. Indemnification, functions, paid services of the platform
The core functions of the platform can be used free of charge. The platform reserves the right to add paid services, for which the users shall be informed respectively. The platform reserves the right to change, remove and/or add additional functions.
If the user has not chosen some of the alternative methods of payment offered by the platform and pays the trip in cash, the platform is not a guarantor and is not responsible for the payment, and shall also not be held responsible for not receiving a trip amount, agreed to be or requested in cash.
Damages incurred as a result of legal and factual actions undertaken by the platform users, based on the information published on the webpage, shall be solely at the expense of the persons, who have undertaken such actions.
6. Guarantee and responsibility
6.1. Each user has to guarantee that the content and the materials same provides are not bound with any third persons and that they do not violate third party rights.
6.2. Scope of the guarantee:
The platform does not guarantee the uninterrupted and correct functioning or the uninterrupted usability and accessibility of its services, because eventual server problems or deviations from the access quality to the platform cannot be technically excluded.
6.3. Supervision obligations:
The platform is not obliged to exercise monitoring of the information being transferred or stored by its users, as well as to investigate the circumstances indicative of illegal activity. If users notice any irregularities, a check shall be conducted and these irregularities shall be corrected in due time.
6.4. Operator responsibilities:
6.4.1. Operator shall not be held responsible for eventual failures, caused by access errors, delays or interruptions, for false information, data loss or deletion, viruses or other problems arising from the use of the on-line service, excluding damages caused intentionally by or as a result of gross negligence of the operator.
6.4.2. The operator shall not be responsible for the trustworthiness and exhaustiveness, as well as for the type, quality, and reliability of the information content. The data content published by third parties categorically does not engage the operator’s liability.
6.4.3. The operator shall not be held responsible for any accident that may occur in the course of the trip (accident, theft, loss of belongings, delay, cancellation, etc.).
6.4.4. The operator is not responsible for the content of other websites, which can be accessed through the platform (external links, advertiser’s websites, etc.).
6.4.5. User agrees to be held responsible (in case of conscious or involuntary error), and to indemnify the operator or the persons affected for the expenses and claims arising from denigration, violation of the privacy rights, intellectual property rights or any other rights, if such violations have been proven.
6.4.6. The operator is not responsible for technical problems and for damages due to force majeure.
6.4.7. The operator reserves the rights to change the platform content at any time, for the purpose of improving service efficiency. The content changes are inherent to the service and shall not introduce a change in its operation.
6.4.8. The operator shall not be held responsible for:
- accidents or damages that may be incurred by any of the users;
- the delay or absence of passengers or drivers for a trip organized through the platform.
- the trips, agreed and organized between users only (driver and passengers).
6.4.9. The operator shall not be held responsible for the sharing of a particular trip, as well as for the possibility to find lodgings and sleeping accommodation.
6.4.10. The operator shall not be responsible for the consequences of conclusion/not conclusion of travel agreements between the users.
6.4.11. The operator does not guarantee that all his systems and services shall be accessible without interruption.
6.5. Responsibility of the users
6.5.1. Users shall be held responsible for the shared use of vehicles.
6.5.2. Users shall be held responsible for damages, resulting from physical disabilities, including impaired health, intentional (or negligent) not fulfillment of obligations or other damages, caused during driving or travelling.
6.5.3. Users shall be held responsible for all damages, set out in the legislation.
7. Contract term and termination
The contract for using the platform is not limited by a term.
After a registration is made, the user and the operator can terminate their relations or subscription (if the user has subscribed for a service) without being required to state a reason for such termination. The easiest way to do this is by deleting the profile from Мy data section.
7.2. Extraordinary termination
7.3. Other measures after violation of user obligations
The platform is entitled to take decisions for deletion of published information, with regard to certain trips or user posts, it deems necessary and appropriate. These measures include:
- cancellation of a particular trip ad;
- deletion of a message;
- deletion of comments.
8. Confidentiality declaration
The processing of personal data of the platform users is very important. That is why personal data is collected in conformity with the generally applicable laws on personal data and processes protection.
Users shall be aware that by registering their profiles they provide their personal data to the platform.
9. Final provisions
The platform reserves the right to change at any time the rules and conditions, part of these General Terms and Conditions.