1.1. This agreement is a public offer of i'way (LLC «iWay Express»), 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. The present Agreement shall be concluded in accordance with the following special procedure: the Parties accept the present Offer, which contains all the essential provisions of the Agreement, without signing it. The present Agreement is equivalent in force to an Agreement, signed by the Parties.
1.3. The Customer performing specific actions in accordance with the Agreement provisions specified in the offer, such as placing an Order at the website and making the payment for the services ordered (either via a credit card or via any other means mentioned at the website of the Contractor) means full and unconditional acceptance of the offer.
1.4. After the Order is placed, all the information specified in the Order is the essence of the agreement between the Contractor and the Customer. At that, the Customer (a party per this Agreement) is any person or entity, specified in the payment receipt, which made the payment under the present Agreement (the payer). In case the payment was made from a third party (as it appears in the payment receipt or any other official document), then the Customer per this Agreement is the person or entity on whose behalf the payment was transferred.
1.5. The present Agreement is a multilateral transaction that consists of the accepted offer and its integral parts, as well as any supplements, additional agreements, regulations and provisions that can be found at the website of the Contractor.
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 DEFENITIONS
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;
-А meeting per phone call;
- The Client’s trip in the motor vehicle to the destination point.
Transfer service is carried out with class B sedan vehicles.
The transfer service shall involve mandatory fulfillment of all the above items. No item may 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.v
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) means an offer addressed to an indefinite number of people which shall be regarded as an invitation to make offers,unless explicitly specified otherwise, also containing all the essential provisions of the Agreement. It shall express the will of the person or entity making an offer to conclude an agreement at the provisions specified in the offer with any individual or entity who responds to this offer.
Acceptance is a response from an individual or an entity, to which the offer was addressed, regarding its admission. The response shall be full and unconditional. No response shall not be viewed as an acceptance, unless the opposite is presupposed by the law, custom or previous business relationship between the parties. The performance by the individual or entity who accepted the offer during its validity period of specific actions in accordance with the Agreement provisions specified in the offer, such as services provision and paying а the specific amount for the services etc means an acceptance of the offer, unless the opposite is presupposed by the law or any other legal regulation or specified in the offer.
Website is the information resource registered in the Internet at iway.ru.
Online Reservation System is the electronic register of accrual, modification or termination of mutual rights and obligations hereunder. The Online Reservation System makes it possible to search for and order services by compiling and sending Client notifications and instructions over the Internet.
Online Booking System Usage Rules is the regulations and directions on how to use the Online Booking System located at the website.
Payment is the monetary funds, sent by the Customer to the Contractor as the payment for transfer service.
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 agreement
3.1. The subject of the present agreement is transfer and other services provision to the Customer via “Online Booking System” of the Contractor at the website iway.ru.
3.2. A booking can be placed via Online Booking System at the website no less than 24 (twenty four) hours before pick up. The minimal reservation period may be reduced or increased depending on the city of the service provision.
3.3. By placing the Order, the Customer expresses his/her irrevocable consent to receive informational messages and advertisements from the Contractor, including ones that are related to the Order execution, to the mobile number and/or e-mail address specified by the Customer within 5 years from the date of receiving the first service from the Contractor.
3.4. For transfer service ordering, any address within the city administrative limits of the selected location shall be regarded as additional address; moreover, the rates for additional trips shall be determined by the Contractor’s internal rules, the cost of the trip to the additional address shall be reported to the Customer in the course of the Order placement and may not be modified after the confirmation.
3.5 The Contractor shall make efforts so as to provide the Customer with a Russian-speaking or an English-speaking driver, but does not warrant this. The driver’s not being able to speak a particular language shall not entitle the Customer to raise claims against the Contractor.
4. MOTOR CAR WITH DRIVER RENTAL
4.1. The minimal order of chauffeur service shall be established at the Contractor’s website.
4.2. The Contractor shall provide the car with driver rental services only as a 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. The service duration for Chauffeur service cannot be prolonged.
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 unacceptable.
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 a 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. OBLIGATIONS OF THE PARTIES
5.1. The Customer shall:
5.1.1. Provide the required information on each Order in the form of completed Orders at the Contractor’s website 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.
5.1.2. Provide the Contractor with accurate information on own address, e-mail address and telephone number required for the Contractor to promptly contact the Customer.
5.1.3. Arrive at the pickup location by the time specified in the Order. The period of free waiting time for the Customer/passenger under the agreed Order is 15 minutes after the arrival of a train or intercity bus, 10 minutes after arrival at an address within/outside the city, 20 minutes 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 any refund of the Order cost to the Customer.
5.1.4. Observe the passengers and baggage transportation rules established by transportation regulations, codes and relevant bylaws.
5.1.5. 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.
5.2. The Contractor shall:
5.2.1. Provide services as per the Customer’s Order.
5.2.2. 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.
5.2.3. In case of technical failure in the motor vehicle, the Contractor shall replace it with a motor vehicle of equivalent class.
5.2.4. After the Order placement, the Contractor shall send information to the Customer by the 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.
5.2.5. 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.
5.3. The Customer shall have the right to:
5.3.1. Cancel the placed Order without any penalties within the cancellation period specified in the Itinerary Receipt for transfer.
5.4. The Contractor shall have the right to:
5.4.1. Update the required information for proper provision of transfer services.
5.4.2. 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).
5.4.3. 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 fulfill the conditions of this Contract in a proper manner.
5.4.4. 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.
5.4.5. 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.
5.4.6. The driver may request the Client’s identity documents.
6. SETTLEMENT PROCEDURE
6.1. 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.
6.2. The Customer shall be provided with information on the cost of the services being ordered prior to the Order placement Provided that the Customer agrees 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 recognized as the Customer’s consent to the cost of transfer services.
6.3. Provided that the Customer is a natural person, they shall pay for the transfer service in a following way: To place an Order, the Customer shall make a 100% advance payment in the amount specified at the website 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. 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.
6.4. In case the Customer is an entity, they shall pay for transfer services on conditions agreed by the Parties on case-by-case basis.
7. LIABILITY OF THE PARTIES
7.1. Liability of the Customer:
7.1.1. In case the service was not rendered 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.
7.1.2. The Customer shall pay damages in case of violation of Clause 5.1.5.
7.2. Liability of the Contractor:
7.2.1. In case the service was not rendered through the Contractor’s fault (refusal to fulfill the Order less than 24 hours before the due time), the latter shall refund the cost of the services paid for.
7.2.2. 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 fifty hundred (500) dollars. In this case, the Customer shall provide the Contractor with documentary proof of expenses and documents evidencing the Contractor’s fault.
7.2.3. 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 in the Russian Federation shall be regulated and governed under vehicle owner liability insurance (mandatory vehicle insurance and hull insurance policies), in other states—in accordance with the relevant laws applicable to such cases.
8. DISPUTE SETTLEMENT PROCEDURE
8.1. 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.
8.2. 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.
8.3. In case it is impossible to settle disputes through negotiations, the Parties shall transfer such disputes for consideration to the Arbitration Court of Novosibirsk Region.
8.4. 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.
9. FINAL PROVISIONS
9.1. 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.
9.2. 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.
9.3. 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.
9.4. 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, postal address, as well as third party personal data specified in the documents transferred to the Contractor, solely as part of this Contract execution.
9.5. The Contractor shall warrant confidentiality of the Customer’s private information provided at the time of placement of the Order for transfer services.
9.6. The information at the website has been received, collected and prepared by the Contractor for the Customer and is reliable as of the Order placement date.
9.7. Neither the Contractor nor its employees, nor non-staff employees shall be liable for the losses resulting from the use of the website 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 website failures or outages.
9.8. Any information received by the Customer via e-mail or published at the website shall be designed for private non-commercial use. The Customer may not copy, broadcast, communicate, publish or otherwise reproduce the website materials in quantity without the written permission of the website administration.
9.9. 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.
9.10. The Contractor per the present Offer is a legal entity properly registered in accordance with effective legislation of the Russian Federation with following details:
Limited Liability Company «iWay Express»
Beneficiary Address: 630001, Novosibirsk city, 35/13 Suharnaya Str., office 337
Postal Address: 630099, Novosibirsk city, 46 Deputatskaya Str., 7th floor
Main current account 40702810301000002869
Beneficiary bank: Bank "LEVOBEREJNIY" (OJSC)
Correspondent account 30101810100000000850