Allgemeine Geschäftsbedingungen

Allgemeine Geschäftsbedingungen für GoOpti-Service.

According to the laws of the Netherlands GoOpti declares

GENERAL TERMS & CONDITIONS OF BROKERAGE OF GOOPTI GROUP

GENERAL RULES

ARTICLE 1 – RECITALS

These General Terms and Conditions of Brokerage of GOOPTI GROUP (hereinafter: Terms & Conditions of Brokerage) define (1) the terms and conditions of the sale and purchase of the brokerage of the carriage services for natural persons and baggage and (2) the obligations and liabilities of the BROKER and of natural and legal persons (ORDERING PARTIES) when ordering brokerage services and concluding the BROKERAGE CONTRACT. On grounds of these Terms & Conditions of Brokerage, the parties agree upon the rights and liabilities in the contractual relationship where the ORDERING PARTY orders a brokerage of the carriage and the BROKER brokers the carriage of people and luggage to a CARRIER. These Terms & Conditions of Brokerage are an integral part of the BROKERAGE CONTRACT.

These Terms & Conditions of Brokerage are published on www.GoOpti.com and filed at the Chamber of Commerce in Amsterdam, the Netherlands, under company registration number 64035727. The www.GoOpti.com website and GoOpti trademarks are registered trademarks of the GOOPTI GROUP.

ARTICLE 2 – DEFINITIONS

“ABSOLUTELY NO WORRIES PACKAGE” means a payable service provided by the BROKER, which, in specific situations, offers the ORDERING PARTY/PASSENGER alternative transportation in the form of road or air transportation, and/or accommodation, as defined in these Terms & Conditions of Brokerage.

“BROKER” means the GOOPTI GROUP.

“BROKERAGE CONTRACT” means a contract concluded between the BROKER and the ORDERING PARTY when the latter accepts these Terms & Conditions of Brokerage and Privacy Policy and confirms its order of the brokerage.

“BUSINESS ACCOUNT” means a service for legal persons that can register their company at www.GoOpti.com by entering correct company data and receive benefits stated at www.GoOpti.com.

“CARRIER” means the provider of carriage services in accordance with the CONTRACT OF CARRIAGE concluded between the ORDERING PARTY/PASSENGER and the CARRIER and in accordance with the TERMS & CONDITIONS OF CARRIAGE. All CARRIERS are members of the GOOPTI PLATFORM.

“CONTRACT OF CARRIAGE” means the contract concluded between the ORDERING PARTY/PASSENGER and the CARRIER in accordance with the TERMS & CONDITIONS OF CARRIAGE.

“DISCOUNT CODE” means a code that provides a discount in different amounts, which is granted by the BROKER to the ORDERING PARTY in various cases described in these Terms and Conditions of Brokerage and in the TERMS & CONDITIONS OF CARRIAGE. The validity of a DISCOUNT CODE is up to one (1) year from the date of issue. The DISCOUNT CODE can only be used in a single purchase, any residual amount cannot be used later or transferred nor can it be exchanged for cash. When the DISCOUNT CODE is redeemed, the ORDERING PARTY must pay a fee of at least one (1) euro to validly redeem the DISCOUNT CODE. It is prohibited to publish the DISCOUNT CODE on any website, social media, noticeboard or in any other publicly accessible place except if published through the tools within the GoOpti web portal (if these tools allow such distribution). In the event of an above-stated unauthorized action, the ORDERING PARTY expressly agrees that the DISCOUNT CODE shall be deactivated and the ORDERING PARTY will not be able to use it nor is entitled to any kind of reimbursement. The ORDERING PARTY fully agrees with that.

“FLEXIBILITY WINDOW” means a time range that reflects the maximum deviation (in hours) of the actual execution of the carriage from the desired arrival or departure time of the ORDERING PARTY.

“GOOPTI GROUP” means the following companies: GoOpti B.V., Herikerbergweg 238, Luna ArenA, 1101CM Amsterdam, the Netherlands & Regional Center in Slovenia: GoOpti Intelligent Transportation Solutions Ltd., Leskoškova 9E, 1000 Ljubljana & Regional Center in Italy: GoOpti Italy S.r.l., Via Malta No. 2, 34170 Gorizia.

“GOOPTI PLATFORM” means a marketplace on www.GoOpti.com which enables the demand and supply of the services of occasional carriage of persons and baggage and of which all the CARRIERS are members.

“GOOPTI TERMS AND CONDITIONS” means the Terms & Conditions of Brokerage and the TERMS & CONDITIONS OF CARRIAGE.

“GROUP OF CHILDREN” is a group of at least five preschool children or elementary school students who represent the majority of passengers in the vehicle. A group of five children or more from the same family is not a GROUP OF CHILDREN.

“ORDERING PARTY” means a person, natural or legal, that conveys the demand and orders services of brokering the carriage, and agrees that the BROKER at his own discretion and on a best-efforts basis conveys and organizes the CARRIER. The ORDERING PARTY can also act as a PASSENGER.

“OTHER BROKER” means a legal person that conveys the information of demand to www.GoOpti.com and has concluded a contract on business cooperation with the BROKER or created a RESSELLER ACCOUNT and can also act as an ORDERING PARTY.

“OTHER CARRIER” means a carrier that is not a member of the GOOPTI PLATFORM and whose services or products are not brokered or sold by the BROKER and the BROKER has no influence on the performance of the OTHER CARRIER’s services.

“PASSENGER” means a natural person who actually utilizes the brokered services of carriage in accordance with these Terms & Conditions of Brokerage.

“PRIVATE TRANSFER” – is a type of custom carriage at the specified time from the specified departure location to the specified final destination, all set by the ORDERING PARTY. The PRIVATE TRANSFER is only organized and carried out for the PASSENGERS listed by the ORDERING PARTY In the booking process. Adding PASSENGERS from other bookings into the same carriage is not possible. When choosing a PRIVATE TRANSFER in the booking process at www.GoOpti.com, it is possible to set that the SHARED TRANSFER allows for a refund of the paid fee in case of cancellation of the order.

“RESELLER ACCOUNT” means a service only for OTHER BROKERS that can register their company at www.GoOpti.com by entering correct company data and receive benefits stated at www.GoOpti.com.

“SHARED TRANSFER” is a type of carriage where the BROKER merges individual orders of carriages with matching routes and destinations and similar or equal requested hours of departure and arrival. The range of possible departure times (marked as »pick-up between« at www.GoOpti.com) or the planned TIME OF THE SOONEST PICK-UP and the TIME OF THE LATEST DROP-OFF at the selected destination are stated in each carriage offer separately in the booking process. The BROKER may add other PASSENGERS in the same vehicle when brokering a SHARED TRANSFER and set the actual departure time up to fifteen (15) minutes after or before the planned TIME OF THE SOONEST PICK-UP, stated in the price offer in the booking process, and the ORDERING PARTY expressly agrees with that.

“TERMS & CONDITIONS OF CARRIAGE” means the terms and conditions between the CARRIER and the ORDERING PARTY/PASSENGER as agreed by the ORDERING PARTY and the CARRIER. The TERMS & CONDITIONS OF CARRIAGE constitute an integral part of GOOPTI TERMS AND CONDITIONS.

“TIME OF THE LATEST DROP-OFF” means the latest moment in time by which the CARRIER is obligated to deliver the PASSENGER to the designated location. Marked as: “LATEST DROP-OFF (and time)” or similar at www.GoOpti.com.

“TIME OF THE SOONEST PICK-UP” means the earliest moment in time at which the PASSENGER is ready for transportation at the designated location. Marked as: “PICK-UP AT (and time)” or similar at www.GoOpti.com.

“VOUCHER” means a statement issued by the GOOPTI PLATFORM which confirms that the ORDERING PARTY has correctly filed an order of brokerage that the BROKER is obligated to carry out in accordance with these Terms & Conditions of Brokerage. The VOUCHER is not transferable.

“www.GoOpti.com” means the website on which the ORDERING PARTY conveys the demand for the brokerage of the carriage and for the purchase of the carriage of natural persons and baggage.

ARTICLE 3 – CARRIAGE SEARCH AND PRICE

In the booking process, the ORDERING PARTY must define the departure and arrival location and whether the trip is a round trip or a one-way trip, select the date of departure and the TIME OF THE LATEST DROP-OFF or the TIME OF THE SOONEST PICK-UP and select the number of PASSEENGERS by correctly selecting the number of adults, children and babies.

A child is a person measuring less than 150 cm in height and weighing more than 9kg, and a baby is a person weighing less than 9 kg. If there are children or babies among the PASSENGERS, the CARRIER shall provide a suitable number of child and/or baby seats with regard to the number of children and/or babies selected in the booking process. If the ORDERING PARTY fails to select the correct number of children and/or babies in the booking process, the BROKER is not obliged to start and complete the brokerage of the carriage neither for the baby or child nor for its accompanying guardian and the BROKER is not liable for any damage to the ORDERING PARTY/PASSENGER arising therefrom.

If the ORDERING PARTY wishes to book a carriage for a GROUP OF CHILDREN, the ORDERING PARTY needs to first call the GoOpti contact center (available at +46 720 81 69 96 for German-speaking customers, +39 90 201 84 00 for Spanish-speaking customers, +385 1 3000 500 for Croatian-speaking customers, +39 045 786 1515 for Italian-speaking customers and +386 1 320 4530 for Slovene- and English-speaking customers and other languages) and notify the BROKER about the intended booking. If the ORDERING PARTY fails to do that, the BROKER is not obliged to complete the brokerage of the carriage process and the ORDERING PARTY expressly agrees with that.

In the booking process, the ORDERING PARTY must enter the following information about the PASSENGERS: name, surname, mobile phone number, e-mail address, and departure and arrival locations (if necessary and if different than initially chosen) for every PASSENGER.

If the booking is made for more than 8 persons, the ORDERING PARTY may either enter only the information for the first PASSENGER or the information for all PASSENGERS in the booking process. If the ORDERING PARTY only enters the information for the first PASSENGER, the first PASSENGER must bring with him a list of all PASSENGERS and hand it over to the driver on the day of the carriage. The first PASSENGER stated in the order is the booking owner and considered as having the authorization from the ORDERING PARTY and the other PASSENGERS to modify the carriage for all PASSENGERS or for an individual PASSENGER.

The ORDERING PARTY agrees to inform all PASSENGERS for which the ORDERING PARTY books the brokerage of the carriage with these Terms & Conditions of Brokerage and with the TERMS & CONDITIONS OF CARRIAGE and with the GoOpti Privacy Policy, and to make sure they fully accept them. Failing this, the ORDERING PARTY is liable for any damage to the BROKER arising therefrom.

In case of booking the brokerage for the carriage to an airport or other location from which the PASSENGER continues the journey with other forms of transportation, the calculation of the TIME OF THE LATEST DROP-OFF or, in case of return, the TIME OF THE SOONEST PICK-UP is of the utmost importance.

These calculations and time lines are the responsibility of the ORDERING PARTY in line with the itinerary, times, instructions and requirements of the OTHER CARRIER. By taking into account the itinerary of the OTHER CARRIER, the ORDERING PARTY must define the latest time of arrival at the location from which the PASSENGER is to continue the journey with the OTHER CARRIER and/or define the soonest time of arrival to the pick-up location from which the PASSENGER is to continue the journey with the CARRIER.

The search engine for flight schedules of OTHER CARRIERS at www.GoOpti.com, which compares the departure and the arrival times of flights with the defined TIME OF THE LATEST DROP-OFF or the defined TIME OF THE SOONEST PICK-UP, is only informational and indicative.

The BROKER does not assume any liability for any delays of OTHER CARRIERS and any liability for the damages that are consequential for the ORDERING PARTY and/or the PASSENGER due to the use of the flight search engine provided at www.GoOpti.com or due to an incorrect estimation made by the ORDERING PARTY concerning the TIME OF THE LATEST DROP-OFF or the TIME OF THE SOONEST PICK-UP.

The BROKER, the OTHER BROKER and the CARRIER do not assume any responsibility or liability related to the (incorrect) choice of departure and arrival times depending on the itinerary of the flight or of OTHER CARRIERS, because the times of arrival and departure of OTHER CARRIERS may change, and OTHER CARRIERS communicate these changes only to their passengers.

The price of the brokerage/carriage is not fixed, it depends on the type of carriage selected by the ORDERING PARTY and on the demand for the services on the specified route at the specific time and on the specific date.

ARTICLE 4 – BOOKING, PAYMENT AND CONFIRMATION

Following the input of all the required data at www.GoOpti.com, it will offer the ORDERING PARTY transfer options available at that moment for the selected times and for the specified date.

The BROKER brokers two different types of carriage, which differentiate in limitations and characteristics of the service: PRIVATE TRANSFER and SHARED TRANSFER.

The ORDERING PARTY must select one type of carriage per way and register and/or sign in to www.GoOpti.com by entering the required data and by confirming that the ORDERING PARTY fully agrees with the GOOPTI TERMS AND CONDITIONS and with the GoOpti Privacy Policy. The BROKER is not obliged to broker the carriage to any ORDERING PARTY that does not fully accept the GOOPTI TERMS AND CONDITIONS and the GoOpti Privacy Policy.

The ORDERING PARTY can then continue to the next step – the payment. Payment can be made with those credit cards and debit cards that are listed at www.GoOpti.com. If the ORDERING PARTY saves the credit/debit card details when making a booking, all further brokerage orders can be paid by the same card without having to input the card details again.

ARTICLE 5 – CONCLUSION OF THE BROKERAGE CONTRACT

When the payment is confirmed, the BROKERAGE CONTRACT is concluded and the BROKER starts the brokering process. The ORDERING PARTY receives a VOUCHER that confirms that the order of the brokerage of the carriage is completed. The BROKER undertakes to carry out the brokering process, to identify the optimal CARRIER and ensures that the selected CARRIER shall execute the carriage as requested by the ORDERING PARTY, except in cases as defined in these Terms & Conditions of Brokerage.

The BROKER does not conduct the brokerage of the carriage of GROUPS OF CHILDREN or of individual persons less than fifteen (15) years old without an accompanying adult or a written consent of the legal guardian nor the brokerage of the carriage of animals without a preliminary written approval of the BROKER and without an accompanying guardian.

In case of choosing a SHARED TRANSFER, the BROKER can organize different/multiple CARRIERS to carry out the carriage. The ORDERING PARTY explicitly agrees that the BROKER can organize different/multiple CARRIERS to carry out the carriage and that consequently, PASSENGERS, along with their baggage, may have to switch from one vehicle to another during the carriage.

ARTICLE 6 – INFORMING THE PASSENGER AND ITINERARY

A day before the day of the latest drop-off selected in the booking process, the GOOPTI PLATFORM sends the ORDERING PARTY/PASSENGER a message with the travel itinerary via SMS and via email. The itinerary will contain a specified time and location of departure. Up to (1) hour before the departure, the GOOPTI PLATFORM sends the PASSENGER/ORDERING PARTY a message with CARRIER info, driver's contact and other transfer details. In case of communication failures such as computer systems, telephone or internet networks malfunction, this is considered as force majeure and the BROKER is not liable whatsoever if the PASSENGERS fail to receive carriage information.

In case of unexpected circumstances resulting in changes to the initial booking, the BROKER will send the PASSENGER another/new notification message containing new data about the time of departure, the departure location, the CARRIER and the vehicle. The PASSENGER must consider the most recent message as the accurate one.

The BROKER uses the PASSENGER data and contact details provided by the ORDERING PARTY and holds no responsibility or liability for the accuracy of the data. The BROKER shall hold no responsibility for any damages which could arise from the use of incorrect data or contact details provided by the ORDERING PARTY.

ARTICLE 7 – BAGGAGE

Each PASSENGER is entitled to carry free of charge and without preliminary notification to the BROKER small pieces of hand baggage (suitcases, handbags, clothes, bags) that do not exceed the weight, dimensions and number stated in the booking process at www.GoOpti.com. All other baggage must be checked-in in advance and paid at least 2 days before departure. Carriage prices for specific dimensions of baggage depend on the vehicle types used on the selected route. In the booking process, the ORDERING PARTY correctly specifies the dimensions, the number of pieces and the type of baggage, and the GOOPTI PLATFORM automatically calculates the baggage fee.

The BROKER and OTHER BROKER are not responsible nor liable whatsoever for personal belongings lost or forgotten in the vehicle.

ARTICLE 8 – CANCELLATION OF THE BROKERAGE CONTRACT BY THE ORDERING PARTY

If – for whatever reason – the order for the brokerage of the carriage is canceled by the ORDERING PARTY before the CONTRACT OF CARRIAGE is concluded between the ORDERING PARTY and the CARRIER, the fee paid by the ORDERING PARTY to the BROKER represents the contractual penalty due by the ORDERING PARTY for the termination of the concluded BROKERAGE CONTRACT. The ORDERING PARTY expressly agrees that the contractual penalty is non-refundable. After the cancelation by the ORDERING PARTY and the resulting termination of the BROKERAGE CONTRACT, the GOOPTI PLATFORM will issue a confirmation of the booking cancellation and a receipt for the paid contractual penalty to the ORDERING PARTY.

When booking a PRIVATE TRANSFER, the ORDERING PARTY may have the possibility to choose either the cheaper transportation alternative, which does not include any refund in case of cancelation of the booking, or the more expensive alternative, which entitles the ORDERING PARTY to cancel the booking through www.GoOpti.com until 48 hours before the planned execution of the carriage after which the ORDERING PARTY receives a full refund of the paid fee.

In case of cancelation of a SHARED TRANSFER by the ORDERING PARTY, the refund of the paid fee is not possible and the first paragraph of this article applies.

When the ORDERING PARTY cancels the booking, and is not entitled to a refund, the GOOPTI PLATFORM may issue a DISCOUNT CODE in the amount of a part of the paid fee. This is possible only if the ORDERING PARTY makes the cancellation through www.GoOpti.com in the myOpti section.

The percentage of the paid fee that the DISCOUNT CODE can define depends on how much in advance the BROKER is informed of the cancellation. The percentage of the discount can vary between 80% and 5% of the paid fee. If the ORDERING PARTY cancels the carriage of an individual PASSENGER in the group, the ORDERNIG PARTY will only be entitled to a maximum DISCOUNT CODE of 10% of the paid fee concerning this individual PASSENGER.

If there is no cancellation of the BROKERAGE CONTRACT or the CONTRACT OF CARRIAGE and the carriage is executed, the BROKER does not charge any commission to the ORDERING PARTY. The ORDERING PARTY thus only pays for the carriage.

ARTICLE 9 – CANCELLATION OF THE BROKERAGE CONTRACT BY THE BROKER

The BROKER has the right to cancel the brokerage and consequently the carriage itself and reimburse the ORDERING PARTY the whole paid fee only under the condition that the BROKER communicates the cancelation to the ORDERING PARTY by SMS and/or e-mail at least 30 days before the date of the TIME OF THE SOONEST PICK-UP of the PASSENGER. In such event, the BROKER is not liable for any other damage or costs of the ORDERING PARTY and/or PASSENGERS and the ORDERING PARTY and/or PASSENGERS also waive any claim towards the BROKER for any other damage. The ORDERING PARTY and/or PASSENGERS explicitly agree with that.

The BROKER has the right to cancel the brokering of the carriage and consequently the carriage itself within the 24 hours following the purchase and the issuing of the VOUCHER if an error is found in the purchasing system. In this case, the BROKER shall promptly inform the ORDERING PARTY and reimburse the paid fee. In such event, the BROKER is not liable for any other damage or costs of the ORDERING PARTY and/or PASSENGERS and the ORDERING PARTY and/or PASSENGERS also waive any claim towards the BROKER for any other damage. The ORDERING PARTY and/or PASSENGERS explicitly agree with that.

The BROKER has always the right to cancel the brokerage of the carriage and consequently the carriage itself without any refund of the paid fee if it discovers a misuse of the program and/or purchasing system by the ORDERING PARTY and/or OTHER BROKER and/or PASSENGER. In such event, the BROKER is not liable for any other damage or costs of the ORDERING PARTY and/or PASSENGERS and the ORDERING PARTY and/or PASSENGERS also waive any claim towards the BROKER for any other damage. The ORDERING PARTY and/or PASSENGERS explicitly agree with that.

ARTICLE 10 – ABSOLUTELY NO WORRIES PACKAGE

The ABSOLUTELY NO WORRIES PACKAGE is a chargeable service available only to the ORDERING PARTIES/PASSENGERS traveling to or from airports. If the ORDERING PARTY/PASSENGER wishes to make use of this additional service, the ORDERING PARTY must choose suitable time frames for a timely check-in and/or checkout of the PASSENGER at the airport. The ORDERING PARTY must fill in/confirm the flight number connected with the GoOpti carriage through www.GoOpti.com by using the tool provided by the BROKER in the booking process and receive the tool’s confirmation that an adequate time frame has been chosen.

If the ORDERING PARTY/PASSENGER wants to make use of the ABSOLUTELY NO WORRIES PACKAGE, this service must be purchased when the ORDERING PARTY makes the booking and purchase of the brokerage services or at least 3 days before the planned departure of the PASSENGER. The contract on the purchase of the ABSLUTELY NO WORRIES PACKAGE is concluded at the time of purchase of the service.

If the ORDERING PARTY has, in the booking process and in line with this article, validly confirmed the time frame, purchased and paid for the ABSOLUTELY NO WORRIES PACKAGE or purchased and paid for the ABSOLUTELY NO WORRIES PACKAGE at least 3 days before the planned departure of the PASSENGER, the BROKER shall in certain cases as they are defined in these Terms & Conditions of Brokerage, arrange an alternative carriage and/or flight and/or accommodation for the PASSANGER under the following conditions:

A) If the PASSENGER has missed the flight due to the delay of GoOpti carriage caused by a certain event which cannot be considered as a “force majeure” event defined in Article 15 of these Terms & Conditions of Brokerage, the BROKER shall as soon as possible provide the PASSENGER with an alternative flight. The alternative flight shall be paid for by the BROKER for the same destination as defined by the PASSENGER’s unused ticket, in the same class, from the same airport if possible or from any other airport that is connected by a CARRIER. The BROKER shall also cover the costs of the PASSENGER’s carriage to the airport.

If the alternative flight is more than eighteen (18) hours later than the missed flight, the BROKER shall provide the PASSENGER with overnight stay, transfer to the accommodations and from the accommodations to the airport on the day of the alternative flight.

B) If the time of the departure of the flight of the PASSENGER is changed in advance by the OTHER CARRIER of which the PASSENGER was informed at least 48 hours before the departure of the flight and the PASSENGER provides such information received from the OTHER CARRIER to the BROKER as soon as possible but no later than 12 hours after receiving the information, the BROKER shall provide the PASSENGER with an alternative carriage to the point of departure of the OTHER CARRIER. If the report of the information of the change is made less than 36 hours before the scheduled carriage, the ORDERING PARTY expressly agrees that the ABSOLUTELY NO WORRIES PACKAGE expires and the report shall be deemed as a change of booking under these Terms & Conditions of Brokerage and the BROKER has no obligations under the ABSOLUTELY NO WORRIES PACKAGE whatsoever.

C) If the landing of the flight of the PASSENGER is delayed (the time between the arrival of the flight and the departure of the GoOpti carriage is too short) and if the initial GoOpti carriage from the airport is not possible in accordance with these Terms & Conditions of Brokerage, the BROKER shall provide an alternative carriage to the PASSENGER for the booked destination, no later than in six (6) hours after the landing. The delay of the flight must be reported by e-mail or SMS or by phone to the BROKER within thirty (30) minutes after the delayed flight landed at its destination.

D) If the PASSENGER’s flight is rerouted to another airport, the BROKER shall provide to the PASSENGER an alternative carriage to the final destination, no later than in six (6) hours after the landing. The rerouting of the flight must be reported by e-mail or SMS or by phone to the BROKER within thirty (30) minutes after the rerouted flight landed. If the PASSENGER (passenger’s flight) is rerouted to a different airport and the distance between the alternative airport and the initial airport of departure is more than 300 km, the CARRIER shall charge the ORDERING PARTY a fee of EUR 0.5 per every kilometer exceeding the 300-km distance.

The contact information of the BROKER for claiming the ABSOLUTELY NO WORRIES PACKAGE is sent to the ORDERING PARTY on the VOUCHER.

When claiming the ABSOLUTELY NO WORRIES PACKAGE service, the PASSENGER must provide the correct number of the flight that was missed/delayed/rerouted and the booking number of the GoOpti carriage and must, if existing, forward to the BROKER the notice from the airline/tourist agency about the delay/rescheduling/rerouting of the flight.

If more PASSENGERS are traveling together in a group (one ORDERING PARTY made the booking for GoOpti services for the whole group of PASSENGERS), the BROKER shall only communicate with the PASSENGER who is the booking owner. The PASSENGER communicating with the BROKER shall then communicate the information to the other members of the group. Other PASSENGERS in the group should refrain from communicating with the BROKER. The BROKER does not guarantee that all the PASSENGERS traveling in the group will be traveling in the same vehicle, get the same alternative flight and/or get the same accommodations, with which the ORDERING PARTY/PASSENGER expressly agrees.

The BROKER does not provide the ABSOLUTELY NO WORRIES PACKAGE service in situations directly or indirectly caused by acts of terrorism, civil unrest, refugee or humanitarian crises, any armed conflicts or by cases of state-of-emergency (whether official or non-official, proclaimed or unproclaimed) and situations of natural disasters that cause wider disturbances in the air or road transport.

The BROKER does not provide the ABSOLUTELY NO WORRIES PACKAGE service in situations when the delay (and/or other situation) is caused by the intent or gross negligence of the ORDERING PARTY/PASSENGER.

It is not possible to receive any cash payments under the ABSOLUTELY NO WORRIES PACKAGE; the BROKER provides exclusively alternative services in the form of transportation and/or accommodation as defined in these Terms & Conditions of Brokerage.

The ORDERING PARTY expressly agrees that if the PASSENGER refuses any of the offered alternative services (GoOpti or other carriage, air transportation or accommodation) the agreement relating to the ABSOLUTELY NO WORRIES PACKAGE is terminated, the fee paid by the ORDERING PARTY to the BROKER represents the contractual penalty that is non-refundable and the BROKER is free of any and all obligations in connection with the ABSOLUTELY NO WORRIES PACKAGE and is free of any liability for damages arising therefrom.

The ORDERING PARTY expressly agrees that if at the moment of booking of the GoOpti services, the ORDERING PARTY has provided wrong/incomplete departure/arrival time or other data for the check-in/checkout at the airport, the agreement that relates to the ABSOLUTELY NO WORRIES PACKAGE is terminated, the fee paid by the ORDERING PARTY to the BROKER represents the contractual penalty that is non-refundable and the BROKER is free of any and all obligations in connection with the ABSOLUTELY NO WORRIES PACKAGE, and is free of any liability for damages arising therefrom.

ARTICLE 11 – BREAKDOWN OF THE VEHICLE

In cases of breakdown of the vehicle, the BROKER shall provide a substitute transportation. If a replacement vehicle cannot be provided in four (4) hours following the interruption of the carriage due to the breakdown, the ORDERING PARTY shall obtain a full refund of the paid fee and the BROKER shall additionally issue a DISCOUNT CODE in the value of the paid fee to the ORDERING PARTY.

In cases of a breakdown of the vehicle, where the BROKER has provided a substitute transportation, the ORDERING PARTY/PASSENGER expressly agrees that he/she is not entitled to any other reimbursements or damages, unless it is proven that the mechanical breakdown was caused by gross negligence or intent of the CARRIER. The ORDERING PARTY and/or PASSENGER waives any claims for damages towards the BROKER and the CARRIER in such cases.

ARTICLE 12 – CONFIDENTIALITY

The BROKER will treat all information regarding the concluded contracts or in connection with these contracts as a business secret, except to the extent required by applicable legislation or by any competent authority.

ARTICLE 13 – PERSONAL DATA PROTECTION AND USE

Personal and other data/information of the ORDERING PARTY/ PASSENGER received by the BROKER through www.GoOpti.com and under these Terms & Conditions of Brokerage is the information needed for the fulfillment of the obligations and/or the enforcement of the rights under the BROKERAGE CONTRACT.

By accepting the GoOpti Privacy Policy, which is an integral part of these Terms & Conditions of Brokerage, the ORDERING PARTY/PASSENGER authorizes and permits the BROKER to collect, process, archive, use and share the personal data of the ORDERING PARTY/ PASSENGER as determined in these Terms & Conditions of Brokerage and in the Privacy Policy.

When the ORDERING PARTY is also booking the services for other PASSENGERS, the ORDERING PARTY is responsible for acquiring their written consent for such disclosure/usage of their personal data. If the ORDERING PARTY completes the booking process and the purchase, it is considered that the ORDERING PARTY has obtained the written consent from all the PASSENGERS.

The ORDERING PARTY/PASSENGER expressly permits the BROKER to use all provided personal data of the ORDERING PARTY/PASSENGER including the telephone number and/or email address of the ORDERING PARTY/PASSENGER in urgent and other instances.

The ORDERING PARTY/PASSENGER expressly permits the BROKER to track the vehicles of the CARRIER on the carriage ordered by the ORDERING PARTY.

The BROKER shall secure and manage all personal data of the ORDERING PARTY/PASSENGER in line with the valid regulations concerning personal data protection.

The BROKER can store, manage, analyze the data on its own or the data can be stored, managed, analyzed by a contracting third party which is allowed access to these data by a contract in which the personal data is protected in the same manner.

The ORDERING PARTY/PASSENGER expressly agrees that the personal data can be used for the execution of any contracts and analyses supporting the GoOpti business and for direct marketing. Additional information regarding personal data usage, analyses, relaying are listed and described in the GoOpti Privacy Policy that forms an integral part of these Terms & Conditions of Brokerage.

ARTICLE 14 – COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

The GOOPTI GROUP carefully protects its intellectual property, including but not limited to material copyright and/or industrial property.

All signs and any sign of GoOpti®, jointly and individually, are protected as trademarks and/or copyright work. All content, shapes and design accessible to the user of www.GoOpti.com in full or in part are protected by the regulations on intellectual property protection, including but not limited to the regulations on copyright and/or industrial property protection.

Any illegal use of any intellectual property of the GOOPTI GROUP, including but not limited to copying, distributing, and relaying/transmitting the intellectually property or including the intellectual property of the GOOPTI GROUP in other copyright work, allowing third parties to access or use the intellectual property of the GOOPTI GROUP or any other use not explicitly approved beforehand by the GOOPTI GROUP in writing is strictly prohibited.

The user of the www.GoOpti.com website is liable to the GOOPTI GROUP for any damage incurred to the GOOPTI GROUP by a breach of the obligations and restrictions defined in this article.

ARTICLE 15 – FORCE MAJEURE

The BROKER is not responsible or liable in the event of non-performance or delay in performance of the brokerage of the carriage due to a force majeure situation (external reasons that are unforeseeable and could not be averted and/or deflected). The BROKER is not liable for any damages or costs and it does not have the obligation to give any refund to the ORDERING PARTY and/or PASSENGER in the event of force majeure.

Acts of terrorism and cyberattacks are also considered as force majeure.

An act of terrorism is any violent act which endangers human life, movable or immovable property or infrastructure, either by force, violence or threat, and is made for political, religious, ideological or similar purposes and intended to influence the government of a country or to intimidate the public or some part of it, or has such an effect.

A cyberattack is a malicious attack using or through the operation of a computer, computer system, computer software or hardware, data collection, information databases, microchip, integrated circuit or similar device in computer or other equipment, malicious code or process in some other electronic system.

ARTICLE 16 – FINAL PROVISIONS

The BROKERAGE CONTRACT, concluded under these Terms & Conditions of Brokerage, shall be governed by and construed in accordance with Dutch law. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG 1980) do not apply to the BROKERAGE CONTRACT.

The parties hereby agree that all matters shall be resolved by mutual agreement.

If that is not possible, the parties agree that the jurisdiction for all disputes regarding the BROKERAGE CONTRACT shall be given to the materially competent court that has territorial jurisdiction by the domicile of the ORDERING PARTY when the ORDERING PARTY is a natural person, in all other cases the matters shall be brought to the attention of a materially competent court in Amsterdam, the Netherlands.

In cases of discrepancies between these Terms & Conditions of Brokerage in different languages, the English version prevails.

The euro was chosen as the currency of business operations under these Terms & Conditions of Brokerage. All purchases are made in euros regardless of the currency chosen for the transaction by the ORDERING PARTY during the booking process.

The BROKER reserves the right to change these Terms & Conditions of Brokerage at any time and post them on the web page.

These Terms & Conditions of Brokerage come into force on the day following their publication on www.GoOpti.com, that is on 8 August 2017, when the former Terms & Conditions of Brokerage cease to apply.

 

 

CARRIER/PLATFORM MEMBER declares

GENERAL TERMS & CONDITIONS OF CARRIAGE OF THE CARRIERS INCLUDED IN THE GOOPTI PLATFORM

GENERAL RULES

ARTICLE 1 – RECITALS

These General Terms and Conditions of Carriage (Terms & Conditions of Carriage) of the CARRIERS included in the GOOPTI PLATFORM define the terms and conditions of the sale and purchase of the carriage of physical persons and baggage and the obligations and liabilities of the CARRIER and of the ORDERING PARTY at ordering the carriage services and concluding the CONTRACT OF CARRIAGE. On grounds of these Terms & Conditions of Carriage, the parties agree upon the rights and liabilities of all the parties in the contractual relationship in which the carriage is ordered by the ORDERING PARTY via a BROKER and executed by the CARRIER.

These Terms & Conditions of Carriage are published at www.GoOpti.com and filed at the Chamber of Commerce in Amsterdam, the Netherlands, under the Chamber of Commerce number 64035727. www.GoOpti.com and GoOpti trademarks are registered trademarks of the GOOPTI GROUP.

ARTICLE 2 – DEFINITIONS

“BROKER” means the GOOPTI GROUP.

“CARRIER” means the provider of carriage services in accordance with the CONTRACT OF CARRIAGE concluded between the ORDERING PARTY/PASSENGER and the CARRIER and in accordance with these Terms & Conditions of Carriage. All CARRIERS are members of the GOOPTI PLATFORM.

“CONTRACT OF CARRIAGE” means the contract with which the CARRIER agrees to transport the ORDERING PARTY or PASSENGER to the designated location and the ORDERING PARTY agrees to pay the fee for the services to the CARRIER. The CONTRACT OF CARRIAGE is concluded at least one (1) hour before the beginning of the carriage, when the CARRIER accepts the order.

“DISCOUNT CODE” – means a code that provides a discount in different amounts, which is granted by the BROKER to the ORDERING PARTY in various cases described in these Terms & Conditions of Carriage and in the TERMS & CONDITIONS OF BROKERAGE. The validity of a DISCOUNT CODE is up to one (1) year from the date of issue. The DISCOUNT CODE can only be used in a single purchase, any residual amount cannot be used later or transferred nor can it be exchanged for cash. When the DISCOUNT CODE is redeemed, the ORDERING PARTY must pay a fee of at least one (1) euro to validly redeem the DISCOUNT CODE. It is prohibited to publish the DISCOUNT CODE on any website, social media, noticeboard or in any other publicly accessible place except if published through the tools within the GoOpti web portal (if these tools allow such distribution). In the event of an above-stated unauthorized action, the ORDERING PARTY expressly agrees that the DISCOUNT CODE shall be deactivated and the ORDERING PARTY will not be able to use it nor is entitled to any kind of reimbursement. The ORDERING PARTY fully agrees with that.

“GOOPTI GROUP” means the following companies: GoOpti B.V., Herikerbergweg 238, Luna ArenA, 1101 CM Amsterdam, the Netherlands & Regional Center in Slovenia: GoOpti Intelligent Transportation Solutions Ltd. Leskoškova 9E, 1000 Ljubljana & Regional Center in Italy: GoOpti Italy S.r.l., Via Malta No. 2, 34170 Gorizia.

“GOOPTI PLATFORM” means a marketplace on www.GoOpti.com which enables the demand and supply of the services of occasional carriage of persons and baggage and of which all the CARRIERS are members.

“GOOPTI TERMS AND CONDITIONS” means the Terms & Conditions of Brokerage and the TERMS & CONDITIONS OF CARRIAGE and the GoOpti Referral Program Terms & Conditions.

“ORDERING PARTY” means a person, natural or legal, that conveys the demand and orders services of brokering the carriage and the carriage itself, and agrees that the BROKER at his own discretion and on a best-efforts basis conveys and organizes the CARRIER. The ORDERING PARTY can also act as a PASSENGER.

“OTHER BROKER” means a legal person that conveys the information of demand to www.GoOpti.com and has concluded a contract on business cooperation with the BROKER or created a reseller account as defined in the TERMS & CONDITIONS OF BROKERAGE and can also act as an ORDERING PARTY.

“OTHER CARRIER” means a carrier that is not a member of the GOOPTI PLATFORM and whose services or products are not brokered or sold by the BROKER and the BROKER has no influence on the performance of the OTHER CARRIER’s services.

“PASSENGER” means a natural person who actually utilizes the brokered services of carriage in accordance with these Terms & Conditions of Carriage.

“PLATFORM MEMBER” means the CARRIER that has become a member of the GOOPTI PLATFORM by concluding the Contract on Business Brokerage, Organization of Carriage Services, Partial Licence and Membership in GoOpti Platform or a franchise contract with the BROKER.

“PRIVATE TRANSFER” – is a type of custom carriage at the specified time from the specified departure location to the specified final destination, all set by the ORDERING PARTY. The PRIVATE TRANSFER is only organized and carried out for the PASSENGERS listed by the ORDERING PARTY In the booking process. Adding PASSENGERS from other bookings into the same carriage is not possible. When choosing a PRIVATE TRANSFER in the booking process at www.GoOpti.com, it is possible to set that the PRIVATE TRANSFER allows for a refund of the paid fee in case of cancellation of the order.

“SHARED TRANSFER” is a type of carriage where the BROKER merges individual orders of carriages with matching routes and destinations and similar or equal requested hours of departure and arrival. The range of possible departure times (marked as »pick-up between« at www.GoOpti.com) or the planned TIME OF THE SOONEST PICK-UP and the TIME OF THE LATEST DROP-OFF at the selected destination are stated in each carriage offer separately in the booking process. The BROKER may add other PASSENGERS in the same vehicle when brokering a SHARED TRANSFER and set the actual departure time up to fifteen (15) minutes after or before the planned TIME OF THE SOONEST PICK-UP, stated in the price offer in the booking process, and the ORDERING PARTY expressly agrees with that.

“TERMS & CONDITIONS OF BROKERAGE” means the terms and conditions between the BROKER and the ORDERING PARTY as agreed by the ORDERING PARTY and the BROKER. The TERMS & CONDITIONS OF BROKERAGE constitute an integral part of GOOPTI TERMS AND CONDITIONS.

“TIME OF THE LATEST DROP-OFF” means the latest moment in time by which the CARRIER is obligated to deliver the PASSENGER to the designated location. Marked as: “LATEST DROP-OFF (and time)” or similar at www.GoOpti.com.

“TIME OF THE SOONEST PICK-UP” means the earliest moment in time at which the PASSENGER is ready for transportation at the designated location. Marked as: “PICK-UP AT (and time)” or similar at www.GoOpti.com.

“www.GoOpti.com” means the website on which the ORDERING PARTY conveys the demand for the brokerage of the carriage and for the purchase of the carriage of natural persons and baggage.

ARTICLE 3 – CONCLUSION OF THE CONTRACT OF CARRIAGE

The ORDERING PARTY expressly agrees to the fact that at the moment of agreeing to these Terms & Conditions of Carriage, the CARRIER will not yet be selected among the CARRIERS that are PLATFORM MEMBERS. The ORDERING PARTY has by accepting the TERMS & CONDITONS OF BROKERAGE authorized the BROKER to select on its behalf the CARRIER that will perform the CARRIAGE as ordered by the ORDERING PARTY via www.GoOpti.com.

The ORDERING PARTY agrees that the GOOPTI PLATFORM will connect the CARRIER and the ORDERING PARTY at least one (1) hour before the beginning of the planned carriage.

When the CARRIER accepts the offer, the GOOPTI PLATFORM sends an SMS message and an email to the provided mobile telephone number and email address of the ORDERING PARTY/PASSENGER containing information about the CARRIER, the driver's contact and other carriage details, and the same information is saved in the myOpti account of the ORDERING PARTY. The ORDERING PARTY expressly agrees that at that moment, the CONTRACT OF CARRIAGE is concluded between the ORDERING PARTY and the CARRIER. The BROKER is not a party to this CONTRACT OF CARRIAGE.

If the ORDERING PARTY is not also the PASSENGER, the CONTRACT OF CARRIAGE is concluded between the PASSENGER and the CARRIER at the moment when the PASSENGER enters the vehicle. The BROKER is not a party to this CONTRACT OF CARRIAGE.

If the carriage is carried out by more than one CARRIER, of which the ORDERING PARTY is informed together with the information about the CARRIERS in the manner as abovementioned, the CONTRACT OF CARRIAGE is concluded with each CARRIER individually for the respective segments of the CARRIAGE.

The ORDERING PARTY shall be issued an invoice by the GOOPTI GROUP or by the CARRIER or by the OTHER BROKER as the case may be. The ORDERING PARTY expressly agrees to the possibility of receiving the invoice electronically.

If the order is canceled by the ORDERING PARTY and/or PASSENGER after the CONTRACT OF CARRIAGE is concluded, meaning the CONTRACT OF CARRIAGE is canceled less than an hour before the departure, the ORDERING PARTY and/or PASSENGER is not entitled to any refund whatsoever. The ORDERING PARTY expressly agrees that the paid fee for the ordered carriage is regarded as a contractual penalty for the cancellation of the CONTRACT OF CARRIAGE.

The GOOPTI PLATFORM shall in these instances issue a confirmation of the booking cancellation and a receipt to the ORDERING PARTY for the paid contractual penalty.

ARTICLE 4 - DURING THE TRANSPORTATION

The beginning of the transportation is defined as the moment when the PASSENGER takes his seat in the vehicle. Before entering the vehicle, the driver can demand from the PASSENGER to present a valid ID or passport (as the case may be) and the ORDERING PARTY/PASSENGER expressly agrees to that.

The break in the transportation between the departure location and the final destination is a stop at which PASSENGERS leave the vehicle. On journeys which take less than four and a half (4.5) hours, a stop with a duration of fifteen (15) minutes after two and a half (2.5) hours of drive is planned in the journey time. On journeys which take four and half (4.5) hours or more, two (2) stops with a total duration of forty-five (45) minutes are planned in the journey time. In cases of shorter journeys, the driver determines the number and duration of stops in agreement with the PASSENGERS. The first stop that may last for up to fifteen (15) minutes can be set upon request of a single PASSENGER, while all additional stops must be agreed unanimously among the PASSENGERS. If the number and duration of stops due to specific wishes of the PASSENGERS cause any delays, the ORDERING PARTY and/or PASSENGER waives any claims for any damages whatsoever towards the driver, the CARRIER and the BROKER.

The end of transportation is the moment when the PASSENGER leaves the vehicle at its final destination.

Only in cases of PRIVATE TRANSFERS, the shortest or fastest route will always be taken except if requested otherwise by the PASSENGERS in return for a fee. In case of SHARED TRANSFERS, the vehicle may stop at certain (home) addresses or other locations, which could mean that the chosen route to the final destination is not the shortest or fastest route. When it can be reasonably presumed that the carriage will take longer than usual, like in cases of bad weather forecast, road work, predictable traffic jams, etc., the vehicle can depart as early as necessary to ensure a timely arrival of the PASSENGERS at the chosen destinations, of which the BROKER notifies each PASSENGER by SMS or e-mail.

In case of choosing a SHARED TRANSFER, the transfer can be carried out in cooperation with multiple CARRIERS, which means that PASSENGERS, along with their luggage, will have to switch from one vehicle to another on the way to their final destinations, and the ORDERING PARTY and/or PASSENGER expressly agrees with that.

The driver is always entitled to make a stop if it is necessary for the safety of the journey.

ARTICLE 5 – BAGGAGE

The CARRIER is obliged to take onboard the vehicle only small pieces of hand baggage (suitcases, handbags, clothes, bags) that do not exceed the weight, dimensions and number limitations stated in the booking process at www.GoOpti.com. All other baggage, which corresponds to the limitations in weight, size and number stated at www.GoOpti.com can only be taken onboard if it was correctly checked in and paid for at least two (2) days before the carriage. If the dimensions, weight and quantity of the baggage are not within the limits selected by the ORDERING PARTY at booking at www.GoOpti.com or checked in and paid for at least two (2) days before the carriage, the driver is entitled to reject the transfer of such baggage. All baggage must be suitably packed for carriage for safety reasons and so that it does not damage or harm or dirty other baggage and/or the vehicle in any way. If the baggage is not suitably packed, the CARRIER can at its sole discretion reject the carriage of such baggage. In cases when the baggage that was not checked-in in advance is properly packed and there is enough space in the vehicle, the CARRIER can transport the additional baggage but will charge the transport of such baggage to the PASSENGER according to the valid price published at www.GoOpti.com.

It is not allowed to take any illegal and/or dangerous materials on board of the vehicle such as but not limited to radioactive substances, explosives, combustible substances, gas bottles with butane or propane, weapons, knives, poisons, corrosive substances, acids, magnets, substances containing viruses or bacteria, and illegal drugs and other items or substances that could obstruct the movement of the PASSENGERS or could cause harm to PASSENGERS, their belongings, the vehicle, the driver or the environment.

The CARRIER and the driver, the BROKER and the OTHER BROKER are not responsible nor liable whatsoever for personal belongings lost or forgotten in the vehicle.

ARTICLE 6 – THE SAFETY, OBLIGATIONS AND RESPONSIBILITIES OF THE PASSENGER, RESTRICTIONS REGARDING THE PASSENGER’S CONDUCT ABOARD THE VEHICLE AND EXCLUSION OF THE PASSENGER

All vehicles used by CARRIERS are licensed for passenger transportation and are properly insured and checked in accordance with the applicable local regulations. Accident insurance for PASSENGERS is included in the price of carriage.

The PASSENGER is obligated to obey all reasonable safety requests from the driver of the vehicle. Not obeying to such requests can lead to exclusion from the carriage without the right for any compensation and/or refund. The CARRIER and the driver to not accept any liability in this respect. The ORDERING PARTY and/or PASSENGER waive any claim towards the CARRIER or the BROKER for any other damage in this respect.

In cases of inappropriate conduct by a PASSENGER that endangers himself/herself and/or other PASSENGERS or can cause physical harm or gross discomfort to other PASSENGERS or damage the vehicle or baggage of other PASSENGERS or in any other way diminishes the CARRIER’s ability to conduct the carriage, the driver will interrupt the carriage and resolve the issue to secure the safety of other PASSENGERS and of the vehicle before continuing. In such situations, the driver is always entitled to refuse or remove the person(s) responsible for misconduct from the vehicle, in which case the removed PASSENGER is not entitled to any refund. The CARRIER and the driver do not accept any liability in this respect and the ORDERING PARTY and/or PASSENGER waive any claim towards the CARRIER or the BROKER for any other damage in this respect.

When travelling in the vehicle, PASSENGERS are forbidden to: open the doors during the drive, throw objects out of or around the vehicle, obstruct the vehicle exits, destroy or steal appliances or soil the inside or the outside of the vehicle or act in any other way that would diminish the capacity to carry out the carriage or cause damage to other PASSENGERS, their belongings, the CARRIER and its assets, other assets or to the environment.

PASSENGERS are forbidden to smoke, to consume alcoholic beverages or spirits and/or to consume food (especially greasy or liquid) in the vehicle and are liable for the recovery and cleaning and repair costs if this would be needed because of their actions (vomiting, urinating, waste dumping).

The PASSENGER is liable for any damage caused by not respecting these conditions or regulations in accordance with the applicable legislation.

The CARRIER is not obligated to transport a PASSENGER for whom it is reasonable to presume that he or she will cause disturbance or prevent the CARRIER from meeting its obligations to the other PASSENGERS. The driver can refuse to transport a PASSENGER or can remove the PASSENGER from the vehicle if he or she shows signs of abusive or improper or violent behavior towards the driver and/or other PASSENGERS and/or if the PASSENGER fails to respect the applicable laws of safety regulations and thus endangers the drive or the PASSENGERS and/or if the PASSENGER wishes to take onboard inappropriate baggage or dangerous substances. In such cases, the PASSENGER is not entitled to any refund and the CARRIER is not liable for any damages arising from the incident.

The driver may deny boarding to the PASSENGER that does not provide a valid ID or passport (as the case may be) as requested.

The exclusion of a PASSENGER under this article will not lead to any right to a refund and/or right to compensation of damages of the ORDERING PARTY and/or PASSENGER and the ORDERING PARTY and/or PASSENGER waive any claim towards the CARRIER or the BROKER for any other damage in this respect.

ARTICLE 7 – DELAYS

PASSENGER’s delay:

The CARRIER provides his services on a best-effort basis and shall strive to depart punctually at the time of departure as defined in the notification to the PASSENGER and shall not wait for the PASSENGER.

If the ORDERING PARTY has checked and confirmed the departure times with regard to the OTHER CARRIER’s itinerary and in accordance with Article 3 of the TERMS & CONDITIONS OF BROKERAGE and has selected the TIME OF THE SOONEST PICK-UP, the PASSENGER’s delay to a SHARED TRANSFER due to a delay of the OTHER CARRIER must not exceed one (1) hour on routes longer than a hundred and fifty (150) km and by more than thirty (30) minutes on routes shorter than a hundred and fifty (150) km.

In case of a PRIVATE TRANSFER, the PASSENGER’s delay due to a delay of the OTHER CARRIER can be maximum six (6) hours on routes longer than a hundred and fifty (150) km and two (2) hours on routes shorter than a hundred and fifty (150) km.

If the ORDERING PARTY did not correctly check and confirm the departure time with regard to the OTHER CARRIER’s itinerary and in accordance with Article 3 of the TERMS & CONDITIONS OF BROKERAGE, the BROKER and the CARRIER assume no liability for delays or damages arising therefrom.

The CONTRACT OF CARRIAGE concluded between the CARRIER and the ORDERING PARTY is, in all other cases of the PASSENGER’s delay (except if the ORDERING PARTY has bought the Absolutely No Worries package defined in the TERMS & CONDITIONS OF BROKERAGE), considered terminated and the ORDERING PARTY expressly agrees that in this case, the ORDERING PARTY is not entitled to any refund of the paid fee which is regarded as a contractual penalty for the termination of the CONTRACT OF CARRIAGE.

CARRIER’s delay:

The CARRIER reserves the right to have shorter delays of up to two (2) hours, which can be caused by waiting for other PASSENGERS, flight delays, traffic conditions and other unforeseeable events, to which the ORDERING PARTY expressly agrees and which the ORDERING PARTY should consider when placing the order for brokerage of carriage.

In general, the CARRIER shall depart punctually at the time of departure as defined in the notification to the PASSENGER.

If due to the CARRIER’s delay the PASSENGER misses a connection with the OTHER CARRIER, the CARRIER will not be liable if one or more of the following circumstances applies:

  1. The data/information provided by the ORDERING PARTY at booking was incorrect or inaccurate;
  2. The TIME OF THE LATEST DROP-OFF was incorrectly selected;
  3. The delay was due to external unforeseeable events that are beyond the BROKER’s and CARRIER’s reach (force majeure);
  4. The delay was due to stops during the carriage requested by or agreed with the PASSENGE;
  5. The delay was due to circumstances either unforeseen or unpredictable notwithstanding the due care of the CARRIER or the BROKER.

In all other cases the ORDERING PARTY/PASSENGER is entitled to a compensation by way of and limited to the amount of the paid fee and an additional DISCOUNT CODE in the value of the paid fee. The ORDERING PARTY and/or PASSENGER waive any claim towards the CARRIER and the BROKER for any other damages.

ARTICLE 8 –EXTRAORDINARY INTERRUPTIONS OF CARRIAGE FOR WHICH THE PASSENGER CANNOT BE HELD RESPONSIBLE

If the carriage is interrupted due to other unexpected events (except the events of force majeure) for which the PASSENGER cannot be held accountable, the PASSENGER holds the right to either request from the CARRIER a transfer back to the departure location along with his baggage within a reasonable time frame and a refund of the paid fee to the ORDERING PARTY, or to withdraw from the contract and to request a refund of the paid fee to the ORDERING PARTY. In both cases, the ORDERING PARTY shall receive full refund of the paid fee and additionally from the BROKER a DISCOUNT CODE in the value of the paid fee.

In case of any other unexpected interruptions of the carriage, the ORDERING PARTY/PASSENGER is not entitled to any other reimbursements or compensation for damages and the ORDERING PARTY and/or PASSENGER waives any claims for damages towards the CARRIER or the BROKER in such cases, except if it is proven that the interruption was caused intentionally or by gross negligence of the CARRIER.

ARTICLE 9 – FORCE MAJEURE

In case of non-performance or interruption of the carriage due to a force majeure situation (external reasons that are unforeseeable and could not be averted and/or deflected) which prevents a timely pursuit of the drive, neither the CARRIER nor the BROKER are liable for any damages nor do they have the obligation to give any refund to the ORDERING PARTY and/or PASSENGER in such event.

Acts of terrorism and cyberattacks are also considered as force majeure.

An act of terrorism is any violent act which endangers human life, movable or immovable property or infrastructure, either by force, violence or threat, and is made for political, religious, ideological or similar purposes and intended to influence the government of a country or to intimidate the public or some part of it, or has such an effect.

A cyberattack is a malicious attack using or through the operation of a computer, computer system, computer software or hardware, data collection, information databases, microchip, integrated circuit or similar device in computer or other equipment, malicious code or process in some other electronic system.

ARTICLE 10 – LIABILITIES OF THE CARRIER

The CARRIER is liable for any detriment that may arise in an accident during the carriage as a consequence of death, injury, or health detriment of the PASSENGER in accordance with the applicable legislation.

The CARRIER is not liable for any damage that arises from death, injury or health detriment of the PASSENGER if the damage did not occur due to the CARRIER’s fault or if it was caused by the PASSENGER’S actions or behavior, or if it was due to a cause that was beyond the CARRIER’s influence (external reasons that are unforeseeable and could not be averted and/or deflected) – force majeure situations.

The CARRIER is liable for damage arising from loss or damage of baggage that was correctly checked-in and not taken out of the vehicle by the PASSENGER in line with the provisions of the applicable legislation.

The ORDERING PARTY and/or PASSENGER or any other claimant must file a claim for damages within 15 days following the date when the damage was caused. The claim must be addressed directly to the CARRIER whose contact details were communicated in the SMS / e-mail message sent to the ORDERING PARTY/PASSENGER after the conclusion of the CONTRACT OF CARRIAGE. At the same time, the ORDERING PARTY/PASSENGER must notify the BROKER about the claim through www.GoOpti.com. Failure to meet this term will lead to forfeiture of any rights of the ORDERING PARTY and/or PASSENGER in connection to the claimed damages.

ARTICLE 11 – COMPLAINTS

The ORDERING PARTY/PASSENGER may file a complaint regarding the quality and conformity of the execution of the carriage services. The complaint must be filed within 15 days after the services were carried out. Complaints are to be filed at www.GoOpti.com in the myOpti account. The CARRIER shall not accept nor handle complaints received by any other means. The www.GoOpti.com strives to answer to each complaint within fourteen (14) working days following the receipt of the complaint.

ARTICLE 12 – CONFIDENTIALITY

The CARRIER will treat all information regarding the concluded contracts or in connection with these contracts as a business secret, except to the extent required by applicable legislation or by any competent authority.

ARTICLE 13 – PERSONAL DATA PROTECTION AND USE

Personal and other data/information of the ORDERING PARTY/ PASSENGER received by the CARRIER through www.GoOpti.com and under these Terms & Conditions of Carriage is the information needed for the fulfillment of the obligations and/or the enforcement of the rights under the CONTRACT OF CARRIAGE.

By accepting the GoOpti Privacy Policy, which is an integral part of these Terms & Conditions of Carriage, the ORDERING PARTY/PASSENGER authorizes and permits the CARRIER to collect, process, archive, use and share the personal data of the ORDERING PARTY/ PASSENGER regarding all services as determined in these Terms & Conditions of Carriage and in the GoOpti Privacy Policy.

When the ORDERING PARTY is also booking the services for other PASSENGERS, the ORDERING PARTY is responsible for acquiring their written consent for such disclosure/usage of their personal data. When the CONTRACT OF CARRIAGE has been concluded, it is considered that the ORDERING PARTY has obtained the written consent from all the PASSENGERS.

The CARRIER shall secure and manage all personal data of the ORDERING PARTY/PASSENGER in line with the valid regulations concerning personal data protection as well as in line with the contract concluded between the BROKER and the PLATFORM MEMBER.

Additional information regarding data usage, analyses, relaying are listed and described in the GoOpti Privacy Policy that forms an integral part of these Terms & Conditions of Carriage.

ARTICLE 14 – FINAL PROVISIONS

The CONTRACT OF CARRIAGE, concluded in accordance with these Terms & Conditions of Carriage, shall be governed by and construed in accordance with the law of the domain of the CARRIER. The United Nations Convention on Contracts for the International Sale of Goods (CISG 1980) does not apply to the CONTRACT OF CARRIAGE.

The parties hereby agree that all matters shall be resolved by mutual agreement.

If that is not possible, the parties agree that the jurisdiction for all disputes regarding the CONTRACT OF CARRIAGE shall be given to the materially competent court that has territorial jurisdiction by the domicile of the ORDERING PARTY when the ORDERING PARTY is a natural person, in all other cases the matters shall be brought to the attention of a materially competent court which has territorial jurisdiction at the head office of the CARRIER.

If more than one CARRIER was involved in the carriage, the ORDERING PARTY/PASSENGER or any other person entitled to damages can only file a lawsuit and/or claim against the CARRIER responsible for the carriage when the incident occurred, except in cases when the first CARRIER has expressly undertaken liability for the whole carriage.

In cases of discrepancies between these Terms & Conditions of Carriage in different languages, the English version prevails.

For interpretation of these Terms & Conditions of Carriage regarding the CONTRACT OF CARRIAGE the law of the country of the domicile of the CARRIER applies.

The euro was chosen as the currency of business operations under these Terms & Conditions of Carriage. All purchases are made in euros regardless of the currency chosen for the transaction by the ORDERING PARTY during the booking process.

The CARRIER reserves the right to change these Terms & Conditions of Carriage at any time and post them on www.GoOpti.com.

These Terms & Conditions of Carriage come into force on the day following their publication on the www.GoOpti.com, that is on 8 August 2017, when the former Terms and Conditions of Carriage cease to apply.

THE CARRIERS – PLATFORM MEMBERS