Términos y condiciones

Términos y condiciones de los servicios GoOpti.

I. COMMON PROVISIONS

ARTICLE 1 – STRUCTURE OF THE GOOPTI TERMS AND CONDITIONS

The GOOPTI TERMS AND CONDITIONS consist of:

I. COMMON PROVISIONS
II. THE TERMS AND CONDITIONS OF BROKERAGE
III. THE TERMS AND CONDITIONS OF CARRIAGE
IV. THE B2B TERMS AND CONDITIONS
V. THE AFFILIATE PROGRAM TERMS AND CONDITIONS
VI. THE REFERRAL PROGRAM TERMS AND CONDITIONS

These GOOPTI TERMS AND CONDITIONS are published on the INTERNET SITE and filed at the Chamber of Commerce in Amsterdam, the Netherlands, under company registration number 64035727. The INTERNET SITE and GoOpti trademark are owned and managed by GOOPTI.

All the provisions of the Common Provisions apply to all parts of the GOOPTI TERMS AND CONDITIONS, except if otherwise provided in specific Terms and Conditions.

ARTICLE 2 – DEFINITIONS

The terms defined in this Article apply to all parts of the GOOPTI TERMS AND CONDITIONS.

“ABSOLUTELY NO WORRIES PACKAGE” means an additionally payable service provided by the BROKER, which, in specific situations, offers the ORDERING PARTY/PASSENGER substitute transportation in the form of road or air transportation, and/or accommodation, as defined in the TERMS AND CONDITIONS OF BROKERAGE.

“AFFILIATE PARTNER” means a legal or a natural person that enters into the AFFILIATE PROGRAM.

“AFFILIATE PARTNER’S WEBSITE” means the internet site on which the affiliate link will be set up which will reroute the user to the INTERNET SITE.

“AFFILIATE PROGRAM” means a relationship between GOOPTI and the AFFILIATE PARTNER in which GOOPTI permits the AFFILIATE PARTNER to market the GOOPTI SERVICES on the AFFILIATE PARTNER’S WEBSITE(s). The purpose of the AFFILIATE PROGRAM is to promote the GOOPTI SERVICES and the INTERNET SITE and to promote the sales of the GOOPTI SERVICES, specifically to generate new sales.

“AFFILIATE PROGRAM TERMS AND CONDITIONS” means the terms and conditions regulating the cooperation between the BROKER and the AFFILIATE PARTNER as agreed by the AFFILIATE PARTNER and the BROKER. The AFFILIATE TERMS AND CONDITIONS constitute an integral part of the GOOPTI TERMS AND CONDITIONS.

“AFFILIATE PROGRAM CONTRACT” means the contract concluded between the BROKER and the AFFILIATE PARTNER when the AFFILIATE PARTNER accepts the GOOPTI TERMS AND CONDITIONS and after registering begins using the AFFILIATE PROGRAM services in line with these GOOPTI TERMS AND CONDITIONS.

“BROKER” means GOOPTI.

“BROKERAGE CONTRACT” means a contract concluded between the BROKER and the ORDERING PARTY when the latter accepts these GOOPTI TERMS AND CONDITIONS and the GOOPTI PRIVACY POLICY and confirms its brokerage order.

“B2B TERMS AND CONDITIONS” means the terms and conditions regulating the cooperation between GOOPTI and the PARTNER agreed by GOOPTI and the PARTNER. The B2B TERMS AND CONDITIONS constitute an integral part of the GOOPTI TERMS AND CONDITIONS.

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

“COMMISSION” – is the payment to the PARTNER or to the AFFILIATE PARTNER in accordance with these GOOPTI TERMS AND CONDITIONS.

“CONTRACT OF CARRIAGE” means the contract concluded between the ORDERING PARTY/PASSENGER and the CARRIER in accordance with the GENERAL TERMS AND 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 GOOPTI TERMS AND CONDITIONS. The validity of a DISCOUNT CODE is up to one (1) year from the date of issue and can only be used for future purchases and not for already completed past purchases. 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 (misuse), 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. A fraudulent activity is also publishing or selling DISCOUNT CODES, received under the REFERRAL PROGRAM, on public web portals with mass offers of discounts or other benefits. The BROKER also reserves the right to cancel or remove any referral links used for such purpose.

“FLEXIBILITY WINDOW” means a time range that reflects the maximum deviation (in hours) of the actual pick-up/drop-off time from the selected (and accepted) pick-up/drop-off time, chosen by the ORDERING PARTY.

“GOOPTI” means the following associated companies: GoOpti B.V., Herikerbergweg 238, Luna ArenA, 1101CM Amsterdam, the Netherlands and the regional centre in Slovenia: GoOpti Intelligent Transportation Solutions Ltd., Vilharjeva cesta 21, 1000 Ljubljana, Slovenia and the regional centre in Italy: GoOpti Italy S.r.l., Via Malta No. 2, 34170 Gorizia, Italy.

“GOOPTI PLATFORM” means a marketplace provided by the INTERNET SITE, 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 PRIVACY POLICY” means the privacy protection rules, which regulate the collection, processing and protection of personal data communicated to GOOPTI by ORDERING PARTIES/PASSENGERS/PARTNERS. The GOOPTI PRIVACY POLICY is available on the INTERNET SITE.

“GOOPTI TERMS AND CONDITIONS” means collectively the TERMS AND CONDITIONS OF BROKERAGE, the TERMS AND CONDITIONS OF CARRIAGE, the B2B TERMS AND CONDITIONS, the AFFILIATE PROGRAM TERMS AND CONDITIONS and the REFERRAL PROGRAM TERMS AND CONDITIONS.

“GOOPTI SERVICES” means the dynamic shuttle transportation solutions provided by GOOPTI by brokering the CONTRACT OF CARRIAGE between the ORDERING PARTY/PASSENGER and the CARRIER as defined in these GOOPTI TERMS AND CONDITIONS, they may include brokerage of passenger and baggage carriage services in domestic and international road transport as well as additional services ordered by the ORDERING PARTY.

“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.

“INTERNET SITE” means the www.goopti.com website and the subpages on which the ORDERING PARTY places its order for the brokerage of the carriage and for the purchase of the carriage of natural persons and baggage.

“myOpti ACCOUNT” means the user account that can be set up on the INTERNET SITE and enables functions further specified in these GOOPTI TERMS AND CONDITIONS and/or on the INTERNET SITE. The myOpti ACCOUNT must be set up to complete the booking of the GOOPTI SERVICES. When setting up a myOpti ACCOUNT for the PARTNER ACCOUNT, two sections of the account are created: personal and/or partner.

“myDiscounts” means a section (a tab) in the myOpti ACCOUNT where the sum amount of discount is listed and can be redeemed by the owner of the account.

“ORDERING PARTY” means a person, natural or legal, that conveys the demand and orders the brokerage of carriage services from the BROKER and agrees that the BROKER at its own discretion conveys and organizes the CARRIER. The ORDERING PARTY can also act as a PASSENGER.

“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 (e.g. airlines).

“PARTNER” means a legal person who forwards the info about carriage inquiries on the INTERNET SITE and has concluded a contract on business cooperation with the BROKER or cooperates with the BROKER based on these GOOPTI TERMS AND CONDITIONS, which regulate the manner of order placement and payments, and/or has created a PARTNER ACCOUNT and also acts as an ORDERING PARTY in the booking process in line with these GOOPTI TERMS AND CONDITIONS. A PARTNER also has a myOpti ACCOUNT.

“PARTNER ACCOUNT” means a service for legal persons that buy carriage services for their own needs or as a broker. They can register their company on the INTERNET SITE and receive benefits stated on the INTERNET SITE (so-called Reseller Account and/or Business Account).

“PARTNER CONTRACT ON BUSINESS COOPERATION” means the contract concluded between the BROKER and the PARTNER when the PARTNER accepts the GOOPTI TERMS AND CONDITIONS and after registering a myOpti ACCOUNT begins to order services in line with these GOOPTI TERMS AND CONDITIONS.

“PASSENGER” means a natural person who actually uses the brokered carriage services in accordance with these GOOPTI TERMS AND CONDITIONS.

“PLATFORM MEMBER” means a CARRIER who became a member of the GOOPTI PLATFORM by concluding a contract on business brokerage, organization of carriage services, partial licence and membership in GoOpti platform or a franchise agreement with the BROKER.

“PRIVATE TRANSFER” – is a type of custom carriage at the specified time from the specified pick-up location to the specified final destination (drop-off location), 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 on the INTERNET SITE, it is possible to set that the PRIVATE TRANSFER allows for a refund of the paid fee in case of cancellation of the order.

“QUALIFYING PURCHASE” means the sale of GOOPTI SERVICES that is finalized and paid for in full and not subsequently cancelled.

“REFERRAL PROGRAM TERMS AND CONDITIONS” means the terms and conditions regulating the cooperation between the BROKER, The REFERRER and the REFERRED FRIEND as agreed by the BROKER, THE REFERRER and the REFERRED FRIEND. The REFERRAL TERMS AND CONDITIONS constitute an integral part of the GOOPTI TERMS AND CONDITIONS.

“REFERRAL DISCOUNT” means a deduction of price in the amount/percentage as granted by GOOPTI, received by the REFERRED FRIEND.

“REFERRED FRIEND” means a person that received a referral from the REFERRER and may in accordance with the REFERRAL PROGRAM TERMS AND CONDITIONS receive a REFERRAL DISCOUNT.

“REFERRER” means a natural person who refers the GOOPTI SERVICES to another person (REFERRED FRIEND) and can according to the REFERRAL PROGRAM TERMS AND CONDITIONS receive a discount.

“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 TIME OF THE SOONEST PICK-UP and the TIME OF THE LATEST DROP-OFF at the selected destination (drop-off location) 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 chosen FLEXIBILITY WINDOW (e.g. if the ORDERING PARTY selects a TIME OF THE SOONEST PICK-UP at 1 p.m. and then chooses a 2-hour FLEXIBILITY WINDOW, the carriage may start between 15 minutes before 1 p.m. and 15 minutes after 3 p.m.), and the ORDERING PARTY expressly agrees with that.

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

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

“THIRD-PARTY SERVICE PROVIDER” offers transportation and/or other services on the INTERNET SITE. GOOPTI only provides the ORDERING PARTY with the option to conclude an appropriate agreement with the THIRD-PARTY SERVICE PROVIDER. GOOPTI does not undertake any liability for the execution of the agreement concluded between the ORDERING PARTY and the THIRD-PARTY SERVICE PROVIDER, separate terms and conditions may apply, as clearly indicated in the booking process. GOOPTI in this aspect only acts as a payment processor for the THIRD-PARTY SERVICE PROVIDER, the ORDERING PARTY pays for the booked services to GOOPTI and the THIRD-PARTY SERVICE PROVIDER issues an invoice for the ordered services.

“TIME OF THE LATEST DROP-OFF” means the latest moment in time, chosen by the ORDERING PARTY, by which the CARRIER plans to deliver the PASSENGER to the drop-off location chosen at booking. Marked as: “LATEST DROP-OFF (and time)” or similar on the INTERNET SITE.

“TIME OF THE SOONEST PICK-UP” means the earliest moment in time, chosen by the ORDERING PARTY, at which the PASSENGER agrees to be ready for transportation at the designated pick-up location. Marked as: “PICK-UP AT (and time)” or the first hour within the interval of pick-up times marked as “PICK-UP BETWEEN (and time)” or similar on the INTERNET SITE.

“TIME FRAME” means a time interval, available to the PASSENGER (i) between the scheduled arrival at the airport and the scheduled departure of the plane or (ii) between the scheduled landing of the plane and the scheduled departure from the airport, where the road transfer to/from the airport is carried out by the CARRIER and the air transfer by the OTHER CARRIER. The TIME WINDOW is specified by the ORDERING PARTY.

“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 GOOPTI TERMS AND CONDITIONS. The VOUCHER is not transferable.

ARTICLE 3 – COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

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

The user of the INTERNET SITE is liable to GOOPTI for any damage incurred to GOOPTI by a breach of the obligations and restrictions defined in this Article.

ARTICLE 4 – LAW, DISPUTE SETTLEMENT, JURISDICTION

The BROKERAGE CONTRACT, the CONTRACT OF CARRIAGE, the PARTNER CONTRACT ON BUSINESS COOPERATION, the AFFILIATE PROGRAM CONTRACT and the REFERRAL PROGRAM contract are concluded under these GOOPTI TERMS AND CONDITIONS and have been drafted and 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 these contracts.

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 GOOPTI TERMS AND CONDITIONS shall be given to the materially competent court in Amsterdam, The Netherlands, unless another court has territorial jurisdiction in line with the provisions of the EU legislation on consumer protection or the legislation of a EU Member State or unless these GOOPTI TERMS AND CONDITIONS stipulate differently.

ARTICLE 5 – MISCELLANEOUS

In cases of discrepancies between these GOOPTI TERMS AND CONDITIONS in different languages, the English version prevails.

The euro was chosen as the currency of business operations under these GOOPTI TERMS AND CONDITIONS. All purchases are made in euros regardless of the currency chosen for the transaction by the ORDERING PARTY during the booking process. The ORDERING PARTY fully assumes and carries the currency risk.

In the event of invalidity or annulment of a provision of these GOOPTI TERMS AND CONDITIONS, the other provisions of the GOOPTI TERMS AND CONDITIONS shall remain in force in so far as the purpose of the parties to these GOOPTI TERMS AND CONDITIONS can still be achieved. Any invalid or annulled provisions and/or clauses shall be substituted by a new clause that represents the economic goals of the parties if such supplement is possible under the substantive and/or procedural law.

GOOPTI reserves the right to change these GOOPTI TERMS AND CONDITIONS at any time and post them on the INTERNET SITE.

These GOOPTI TERMS AND CONDITIONS come into force on the day following their publication on the INTERNET SITE, that is on 3 December 2019, when the former TERMS AND CONDITIONS OF BROKERAGE and TERMS AND CONDITIONS OF CARRIAGE and/or the former GOOPTI TERMS AND CONDITIONS cease to apply.

II. TERMS AND CONDITIONS OF BROKERAGE

ARTICLE 1 – RECITALS

These TERMS AND 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 AND 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 baggage to a CARRIER. These TERMS AND CONDITIONS OF BROKERAGE are an integral part of the BROKERAGE CONTRACT.

ARTICLE 2 – BOOKING OF CARRIAGE SERVICES AND PRICE

In the booking process, the ORDERING PARTY must select or define the exact departure and arrival location and whether the trip is a round trip or a one-way trip, select the date of the carriage service and the desired TIME OF THE LATEST DROP-OFF or the TIME OF THE SOONEST PICK-UP and select the total 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 9 kg, 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 specified by the ORDERING PARTY in the booking process (e.g. the number and models of child seats). If the ORDERING PARTY fails to specify 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, and the ORDERING PARTY expressly agrees with that.

If the ORDERING PARTY wishes to book a carriage for a GROUP OF CHILDREN, the ORDERING PARTY needs to first call the GOOPTI contact centre (the contact numbers are available on the INTERNET SITE) 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 the departure and arrival locations (if necessary and if different than initially chosen) for every PASSENGER. If contact data of a PASSENGER are not entered, the BROKER is not able to notify the PASSENGER about the time/location of departure and/or other important data. The ORDERING PARTY assumes responsibility for any and all losses, damages or complaints of any nature and any risk and other consequences, such as fines, arising from such omission.

The ORDERING PARTY can 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 along 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 GOOPTI TERMS AND CONDITIONS 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, and the ORDERING PARTY expressly agrees with that.

In case of booking the brokerage for the carriage to an airport or other location from which the PASSENGER continues the journey by plane or 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 timelines 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 flight search engine on the INTERNET SITE, 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 is not responsible for the accuracy and operation of the flight search engine and accepts no liability resulting from an improper use or operation of the tool, and the ORDERING PARTY expressly agrees with that.

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 on the INTERNET SITE 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, and the ORDERING PARTY expressly agrees with that.

The TIME OF THE SOONEST PICK-UP and the TIME OF THE LATEST DROP-OFF are times, estimated with regard to the distance between the departure and arrival locations, the number of passengers and with regard to the expected traffic conditions, and may differ from the actual departure and/or arrival times, which must be taken into account by the ORDERING PARTY when booking a carriage service, and for which the BROKER does not assume any responsibility or liability, and the ORDERING PARTY expressly agrees with that.

The BROKER, the PARTNER 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 changes in time and 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. Therefore, the ORDERING PARTY with its inquiry actively affects the price and the execution of the carriage, which is why a cancellation of the BROKERAGE CONTRACT is not possible once the BROKERAGE CONTRACT has been concluded, and/or no payment can be refunded to the ORDERING PARTY.

The GOOPTI SERVICES can also be bought via the GOOPTI contact centre, which can be reached on the telephone number stated on the INTERNET SITE. The BROKER reserves the right to charge a different price of the brokerage/carriage than stated on the INTERNET SITE if the ORDERING PARTY makes the booking through the GOOPTI contact centre.

The BROKER may charge an additional fee for bookings made via the GOOPTI contact centre. The ORDERING PARTY is informed of the amount of the fee by the GOOPTI contact centre agent in the booking process.

ARTICLE 3 – BOOKING, PAYMENT AND CONFIRMATION

Following the input of all the required data on the INTERNET SITE, it will offer the ORDERING PARTY carriage options available at that moment for the selected times and for the specified date.

The BROKER brokers two different types of carriage, which differ in limitations and characteristics of the service: PRIVATE TRANSFER and SHARED TRANSFER. Those two types of carriage are executed by PLATFORM MEMBERS. The BROKER also offers other types of carriage which are in details described in the terms and conditions of THIRD-PARTY SERVICES PROVIDERS executing the services. When ordering these types of services, the ORDERING PARTY must confirm and accept the terms and conditions of the selected THIRD-PARTY SERVICES PROVIDER for the BROKERAGE CONTRACT to be concluded.

The ORDERING PARTY must select one type of carriage per way and register and/or sign into the INTERNET SITE 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 on the INTERNET SITE. 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 4 – CONCLUSION OF THE BROKERAGE CONTRACT

When the payment is confirmed by the ORDERING PARTY, 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 AND 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 may organize different/multiple CARRIERS to carry out the carriage. The ORDERING PARTY explicitly agrees that the BROKER may 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.

If there is no cancellation of the BROKERAGE CONTRACT and/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.

If the ORDERING PARTY has any complaint regarding the execution of the BROKERAGE CONTRACT or other services, a complaint may be filed in the myOpti ACCOUNT in accordance with Article 10 of the TERMS AND CONDITIONS OF CARRIAGE.

If the ORDERING PARTY receives a refund from a payment processor, bypassing the complaint procedure established by the BROKER, the BROKER may pursue the repayment of the refund via court proceedings. The ORDERING PARTY stipulates to cover any reasonable fees and costs associated with such court and/or pre-trial proceeding or steps taken for the enforcement/recovery of the claim.

ARTICLE 5 – INFORMING THE PASSENGER AND THE ITINERARY

On the day of the carriage at the latest, the GOOPTI PLATFORM sends the ORDERING PARTY/PASSENGER a message with the travel itinerary via SMS and via e-mail. The itinerary will contain a specified location and time of departure, which may deviate by +/- fifteen (15) minutes from the selected FLEXIBILITY WINDOW, and the ORDERING PARTY expressly agrees with that.

Up to one (1) hour before the departure, the GOOPTI PLATFORM sends the PASSENGER/ORDERING PARTY a message with CARRIER info, the driver's contact and other carriage 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, and the ORDERING PARTY/PASSENGER expressly agrees with that.

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 pick-up 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, and the ORDERING PARTY/PASSENGER expressly agrees with that.

ARTICLE 6 – 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 on the INTERNET SITE. All other baggage must be checked-in in advance and paid for at least two (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 the PARTNER are not responsible nor liable whatsoever for personal belongings lost or forgotten in the vehicle.

ARTICLE 7 – CANCELLATION OF THE BROKERAGE CONTRACT BY THE ORDERING PARTY

If – for whatever reason – the order for the brokerage of the carriage is cancelled 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 indemnity for the BROKERAGE which has already been carried out and is not refunded to the ORDERING PARTY. The ORDERING PARTY expressly agrees that this indemnity is non-refundable. After the cancellation 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 indemnity 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 cancellation of the booking, or the more expensive alternative, which entitles the ORDERING PARTY to cancel the booking through the INTERNET SITE 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 cancellation 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 the INTERNET SITE in the myOpti ACCOUNT.

The percentage of the paid fee that can be issued in the form of a DISCOUNT CODE 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 the ORDERING PARTY wishes to change the essential elements of the BROKERAGE CONTRACT (e.g. the departure time/date), this is only possible if agreed so in advance with the BROKER. The BROKER has the right to charge the ORDERING PARTY for every change (for each individual PASSENGER).

ARTICLE 8 – 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 cancellation to the ORDERING PARTY by SMS and/or e-mail at least 30 days before the date of the planned departure of the PASSENGER. In such event, the BROKER is obliged to reimburse the ORDERING PARTY the full payment, but.the BROKER is not liable for any other damage or costs of the ORDERING PARTY and/or PASSENGERS. 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. 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. The ORDERING PARTY and/or PASSENGERS explicitly agree with that.

ARTICLE 9 – 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 a suitable TIME FRAME which will assure a timely check-in of the PASSENGER at the airport and/or a timely checkout and baggage pick-up by the PASSENGER at the airport after landing. The ORDERING PARTY must fill in/confirm the flight number connected with the GOOPTI carriage on the INTERNET SITE.

If the ORDERING PARTY/PASSENGER wishes to make use of the ABSOLUTELY NO WORRIES PACKAGE, this service must be purchased when the ORDERING PARTY makes the booking or later before the beginning of the GOOPTI carriage, but within the time limits set on the INTERNET SITE. The contract on the purchase of the ABSLUTELY NO WORRIES PACKAGE is concluded at the time of purchase.

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 later as stated in the previous paragraph, the BROKER shall in certain cases as they are defined in these TERMS AND CONDITIONS OF BROKERAGE, arrange a substitute road transport and/or flight and/or accommodation for the PASSENGER under the following conditions:

9.1 If the PASSENGER has missed the flight due to the delay of a GOOPTI carriage caused by a certain event which can be considered as a “force majeure” event defined in these GOOPTI TERMS AND CONDITIONS, but is not indirectly or directly caused by acts of terrorism, civil unrest, refugee or humanitarian crises, any armed conflicts or by cases of state-of-emergency (whether official or unofficial, proclaimed or unproclaimed) and situations of natural disasters that cause wider disturbances (including: local/regional/global) in the air or road transport, the BROKER shall as soon as possible provide the PASSENGER with a substitute flight for the same destination as defined by the PASSENGER’s unused flight 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 cover the costs of the substitute flight (flight ticket) and also the costs of the PASSENGER’s carriage to the airport.

If the substitute 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 substitute flight.

If the CARRIER delivers the PASSENGER to the airport by the TIME OF THE LATEST DROP-OFF, selected by the ORDERING PARTY/PASSENGER at booking, but the PASSENGER still misses the flight (e.g. due to the PASSENGER's own negligence or because a too short TIME FRAME was chosen by the ORDERING PARTY at booking), the PASSENGER cannot enforce the ABSOLUTELY NO WORRIES PACKAGE and the BROKER is free of all obligations arising from the ABSOLUTELY NO WORRIES PACKAGE.

9.2

A) If the time of the departure of the flight of the PASSENGER is changed in advance by the OTHER CARRIER (the flight takes off from the same airport, but the planned take-off time is changed), of which the PASSENGER was informed at least 48 hours before the planned departure of the GOOPTI carriage and the PASSENGER provides such information received from the OTHER CARRIER to the BROKER as soon as possible but no later than twelve (12) hours after receiving the information, the BROKER shall provide the PASSENGER with a substitute carriage to the point of departure of the OTHER CARRIER. The substitute carriage can be provided with such a FLEXIBILITY WINDOW as selected by the ORDERING PARTY at booking. If the ORDERING PARTY does not provide the BROKER with the information about the flight change within twelve (12) hours as stated above, and the report of the information of the change is made less than thirty-six (36) hours before the scheduled carriage, the ORDERING PARTY expressly agrees that the BROKER is, in line with the GOOPTI TERMS AND CONDITIONS, free of all obligations arising from the ABSOLUTELY NO WORRIES PACKAGE and the report shall be deemed as a change of booking under the GOOPTI TERMS AND CONDITIONS, of which the BROKER shall notify the ORDERING PARTY/PASSENGER when receiving the report. The BROKER is obliged to provide a substitute carriage in cases when the flight is postponed to an earlier departure time. In cases where the flight departure time is postponed to a later time, the BROKER will only provide a substitute carriage when the flight is delayed for more than three (3) hours.

B) If the time of landing of the flight of the PASSENGER is changed in advance by the OTHER CARRIER (the flight lands at the same airport, but the planned landing time is changed), of which the PASSENGER was informed at least 48 hours before the planned departure of the GOOPTI carriage from the airport and the PASSENGER provides such information received from the OTHER CARRIER to the BROKER as soon as possible but no later than twelve (12) hours after receiving the information, the BROKER shall provide the PASSENGER with a substitute carriage from the point of landing of the OTHER CARRIER to the drop-off location chosen by the ORDERING PARTY at booking. The substitute carriage can be provided with such a FLEXIBILITY WINDOW as selected by the ORDERING PARTY at booking. If the report of the information of the change is made less than thirty-six (36) hours before the scheduled carriage, the ORDERING PARTY expressly agrees that the BROKER is, in line with the GOOPTI TERMS AND CONDITIONS, free of all obligations arising from the ABSOLUTELY NO WORRIES PACKAGE and the report shall be deemed as a change of booking under the GOOPTI TERMS AND CONDITIONS, of which the BROKER shall notify the ORDERING PARTY/PASSENGER when receiving the report.

9.3 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), of which the airline did not inform the PASSENGER at least 48 before the planned GOOPTI carriage and if the initial GOOPTI carriage from the airport is not possible in accordance with these GOOPTI TERMS AND CONDITIONS, the BROKER shall provide the PASSENGER with a substitute carriage to the chosen drop-off location (specified at booking) no later than within six (6) hours from receiving the PASSENGER’s notification about the estimated landing time of the delayed flight or from receiving the notification from the PASSENGER sent after the delayed plane has landed. The PASSENGER must notify the BROKER about the delay of the flight no later than thirty (30) minutes after the landing of the delayed flight, by e-mail, SMS or telephone.

9.4 If the PASSENGER’s flight is rerouted to another airport, of which the PASSENGER was informed less than 48 hours before the planned departure of the GOOPTI carriage, the BROKER shall provide to the PASSENGER a substitute carriage to the drop-off location from this other airport, no later than in six (6) hours after the plane’s landing. The PASSENGER must inform the BROKER about the rerouting of the flight by e-mail or SMS or by telephone no later than thirty (30) minutes after the rerouted flight landed. If the PASSENGER (PASSENGER’s flight) is rerouted to a different airport and the road distance between the alternative airport and the initial airport (stated in the booking) is more than 200 km, the CARRIER shall charge the ORDERING PARTY a fee of EUR 1.5 per every kilometer exceeding the 200-km distance.

9.5

A) If the PASSENGER’s flight is rerouted to land at another airport, of which the PASSENGER was informed by the OTHER CARRIER at least 48 hours before the planned departure of the GOOPTI carriage from the airport and the PASSENGER provides such information received from the OTHER CARRIER to the BROKER as soon as possible but no later than twelve (12) hours after receiving the information, the BROKER shall provide the PASSENGER with a substitute carriage from the point of landing of the OTHER CARRIER to the drop-off location chosen by the ORDERING PARTY at booking. The substitute carriage can be provided with such a FLEXIBILITY WINDOW as selected by the ORDERING PARTY at booking. If the PASSENGER (PASSENGER’s flight) is rerouted to land at a different airport and the road distance between the alternative airport and the initial airport (stated in the booking) is more than 200 km, the CARRIER shall charge the ORDERING PARTY a fee of EUR 1.5 per every kilometre exceeding the 200-km distance. If the report of the information of the change is made less than thirty-six (36) hours before the scheduled carriage, the ORDERING PARTY expressly agrees that the BROKER is, in line with the GOOPTI TERMS AND CONDITIONS, free of all obligations arising from the ABSOLUTELY NO WORRIES PACKAGE and the report shall be deemed as a change of booking under the GOOPTI TERMS AND CONDITIONS, of which the BROKER shall notify the ORDERING PARTY/PASSENGER when receiving the report.

B) If the PASSENGER’s flight is rerouted to take off from another airport, of which the PASSENGER was informed by the OTHER CARRIER at least 48 hours before the planned departure of the GOOPTI carriage from the airport and the PASSENGER provides such information received from the OTHER CARRIER to the BROKER as soon as possible but no later than twelve (12) hours after receiving the information, the BROKER shall provide the PASSENGER with a substitute carriage from the pick-up location chosen by the ORDERING PARTY at booking to this alternative airport. The substitute carriage can be provided with such a FLEXIBILITY WINDOW as selected by the ORDERING PARTY at booking. If the PASSENGER (PASSENGER’s flight) is rerouted to take off at a different airport and the road distance between the alternative airport and the initial airport (stated in the booking) is more than 200 km, the CARRIER shall charge the ORDERING PARTY a fee of EUR 1.5 per every kilometre exceeding the 200-km distance. If the report of the information of the change is made less than thirty-six (36) hours before the scheduled carriage, the ORDERING PARTY expressly agrees that the BROKER is, in line with the GOOPTI TERMS AND CONDITIONS, free of all obligations arising from the ABSOLUTELY NO WORRIES PACKAGE and the report shall be deemed as a change of booking under the GOOPTI TERMS AND CONDITIONS, of which the BROKER shall notify the ORDERING PARTY/PASSENGER when receiving the report.

9.6 If the PASSENGER’s flight is cancelled by the OTHER CARRIER, of which the PASSENGER was informed by the OTHER CARRIER less than 48 hours before the planned departure of the GOOPTI carriage, the PASSENGER must provide such information received from the OTHER CARRIER to the BROKER as soon as possible but no later than twelve (12) hours after receiving the information, by SMS/e-mail/phone, and/or at least six (6) hours before the PASSENGER requires a substitute carriage.

If the PASSENGER purchases or acquires a new flight ticket for the flight to/from the airport specified in the initial booking, the BROKER will provide the PASSENGER with a substitute carriage from that airport to the drop-off location specified in the initial booking or from the pick-up location specified in the initial booking to that airport respectively, with regard to the information on the new flight, which the PASSENGER is obliged to immediately provide to the BROKER.

If the PASSENGER purchases a flight ticket for another airport, which is located as far or less far away from the pick-up/drop-off location as the initial airport, the BROKER will provide the PASSENGER with a substitute carriage from that airport to the drop-off location specified in the initial booking or from the pick-up location specified in the initial booking to that airport respectively. However, if the new airport is further away than the initial airport, the CARRIER may charge EUR 1.5 per every kilometre exceeding the initially planned road distance.

9.7 If the PASSENGER’s flight is cancelled by the OTHER CARRIER, of which the PASSENGER was informed by the OTHER CARRIER at least 48 hours before the planned departure of the GOOPTI carriage from the airport and the PASSENGER provides such information received from the OTHER CARRIER to the BROKER as soon as possible but no later than twelve (12) hours after receiving the information, the BROKER shall provide the PASSENGER with a substitute carriage to/from the new airport, if the PASSENGER buys a new flight ticket. The substitute carriage can be provided with such a FLEXIBILITY WINDOW as selected by the ORDERING PARTY at booking. If the report of the information of the change is made less than thirty-six (36) hours before the scheduled carriage, the ORDERING PARTY expressly agrees that the BROKER is, in line with the GOOPTI TERMS AND CONDITIONS, free of all obligations arising from the ABSOLUTELY NO WORRIES PACKAGE and the report shall be deemed as a change of booking under the GOOPTI TERMS AND CONDITIONS.

If the PASSENGER purchases a flight ticket for another airport, which is located as far or less far away from the pick-up/drop-off location as the initial airport, the BROKER will provide the PASSENGER with a substitute carriage from that airport to the drop-off location specified in the initial booking or from the pick-up location specified in the initial booking to that airport respectively. However, if the new airport is further away than the initial airport, the CARRIER may charge EUR 1.5 per every kilometre exceeding the initially planned road distance.

9.8 In the event of delay in picking up baggage at the airport after the plane has landed, and if the delay is not due to the negligence of the PASSENGER, the CARRIER will wait for the PASSENGER or arrange a substitute carriage at a later hour within six (6) hours after the notification given by the PASSENGER. The PASSENGER must provide further evidence of the delay in taking over the baggage in order to establish that the PASSENGER was not responsible for the delay.

9.9

If the flight is cancelled (articles 9.6 and 9.7.), the BROKER will not provide a new flight ticket to the PASSENGER, but only a substitute carriage. The BROKER will provide a new flight ticket only in cases and under the conditions determined in Article 9.1.

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/rescheduled/rerouted/cancelled and the booking number of the GOOPTI carriage and must, if it exists, forward to the BROKER the notice from the airline/tourist agency about the delay/rescheduling/rerouting/cancellation of the flight. In case of flight cancellation followed by the purchase of a new flight ticket, the PASSENGER must also provide the new flight ticket and/or all the data it contains.

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 substitute 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 unofficial, proclaimed or unproclaimed) and situations of natural disasters that cause wider disturbances (including: local/regional/global) in the air or road transport.

The BROKER does not provide the ABSOLUTELY NO WORRIES PACKAGE service in situations when the delay of the PASSENGER is caused by airport authorities or border authorities (e.g. passport control), except in cases of delayed baggage as stipulated in Article 9.8.

The purchase of the ABSOLUTELY NO WORRIES PACKAGE for an already booked GOOPTI carriage after receiving info about the rescheduling/rerouting/cancellation of the flight is prohibited and is considered a fraud. In such cases, the contract for the ABSOLUTELY NO WORRIES PACKAGE is not concluded, and the payment made by the ORDERING PARTY is considered to be a contractual penalty borne by the ORDERING PARTY and, accordingly, it is non-refundable.

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 negligence (including less severe 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 substitute services in the form of transportation and/or accommodation as defined in these GOOPTI TERMS AND CONDITIONS. A substitute carriage is a carriage of the same type as the type chosen by the ORDERING PARTY at booking (i. e. a PRIVATE TRANSFER or a SHARED TRANSFER respectively), and the vehicle can be whichever chosen by the BROKER.

The ORDERING PARTY/PASSENGER expressly agrees that if the ORDERING PARTY/PASSENGER refuses any of the offered substitute 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 non-refundable indemnity for the BROKERAGE which has already been carried out 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/PASSENGER 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 non-refundable indemnity for the BROKERAGE which has already been carried out 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 10 – VEHICLE BREAKDOWN

In cases of a breakdown of the vehicle, the BROKER shall provide a substitute transportation as soon as possible. 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 BROKER and the CARRIER are not liable for any other damage or costs of the ORDERING PARTY and/or PASSENGER.

ARTICLE 11 – PERSONAL DATA PROTECTION AND USE

The BROKER shall protect all personal data of the ORDERING PARTY/PASSENGER in line with the applicable legislation on personal data protection.

Personal and other data/information of the ORDERING PARTY/ PASSENGER received by the BROKER through bookings of the BROKER’s services is the information needed for the fulfilment of the obligations and/or the enforcement of the rights under the BROKERAGE CONTRACT or the CONTRACT OF CARRIAGE.

By accepting the GOOPTI PRIVACY POLICY, the ORDERING PARTY/PASSENGER confirms being acquainted with how his/her personal data are collected, processed, archived, used and shared and with the rights he/she has in line with the applicable personal data legislation, as stated 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 and/or get them acquainted with the GOOPTI PRIVACY POLICY. 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, and the ORDERING PARTY assumes all liabilities, including civil liability and liability for any potential offense, misdemeanour and/or administrative penalty, which might arise from a breach of this provision.

The ORDERING PARTY/PASSENGER declares that he/she is acquainted with the fact and when necessary expressly permits that the BROKER uses all provided personal data of the ORDERING PARTY/PASSENGER, including the telephone number and/or e-mail address of the ORDERING PARTY/PASSENGER in urgent and other instances in line with the valid regulations concerning personal data protection, as stated in the GOOPTI PRIVACY POLICY.

Additional information regarding the use, processing and transfer of personal data is stated in the GOOPTI PRIVACY POLICY.

ARTICLE 12 – 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.

Internet failure or slowdown, 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.

III. TERMS AND CONDITIONS OF CARRIAGE

ARTICLE 1 – RECITALS

These TERMS AND 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 natural persons and baggage and the obligations and liabilities of the CARRIER and of the ORDERING PARTY and/or PASSENGER at ordering the carriage services and concluding the CONTRACT OF CARRIAGE. On grounds of these TERMS AND 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.

ARTICLE 2 – CONCLUSION OF THE CONTRACT OF CARRIAGE

The ORDERING PARTY expressly agrees to the fact that at the moment of agreeing to these TERMS AND 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 AND CONDITONS OF BROKERAGE authorized the BROKER to select on its behalf the CARRIER that will perform the CARRIAGE as ordered by the ORDERING PARTY on the INTERNET SITE or via other tools/channels.

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 e-mail to the provided mobile telephone number and e-mail address of the ORDERING PARTY/PASSENGER containing information about the CARRIER, the driver's contact and other carriage details. 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 the 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 the 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 receive an invoice issued by GOOPTI 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 booking is cancelled by the ORDERING PARTY and/or PASSENGER after the CONTRACT OF CARRIAGE has already been concluded, meaning the CONTRACT OF CARRIAGE is cancelled less than an hour before the beginning of the carriage, 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 an indemnity for the cancellation of the CONTRACT OF CARRIAGE and for the occupancy of a place in the vehicle up to one (1) hour before departure.

The GOOPTI PLATFORM shall in these instances issue to the ORDERING PARTY a confirmation of the booking cancellation and a receipt for the paid indemnity for the cancellation of the CONTRACT OF CARRIAGE.

ARTICLE 3 – DURING THE TRANSPORTATION

The beginning of the transportation is defined as the moment when the PASSENGER takes his/her 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) to compare the data with the PASSENGER’s data stated in the booking, and the ORDERING PARTY/PASSENGER expressly agrees with that.

The break in the transportation between the pick-up location and the final destination (drop-off location) 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 driver, the BROKER and the CARRIER are not liable to the ORDERING PARTY and/or PASSENGER for any other damage or costs which could arise as a consequence of the delay, and the ORDERING PARTY/PASSENGER expressly agrees with that.

The end of transportation is the moment when the PASSENGER leaves the vehicle at his/her drop-off location.

Only in cases of PRIVATE TRANSFERS, the shortest and/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 pick-up/drop-off locations, which could mean that the chosen route to the drop-off location is not the shortest or the fastest one, which can mean a longer duration of the journey. 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 drop-off locations, of which the BROKER notifies each PASSENGER by SMS or e-mail. The driver is always entitled to make a stop if it is necessary for the safety of the journey.

ARTICLE 4 – 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 on the INTERNET SITE. All other baggage, which corresponds to the limitations in weight, size and number stated on the INTERNET SITE, 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 on the INTERNET SITE or checked in and paid for at least two (2) days before the carriage, the CARRIER is entitled to reject the carriage of such baggage. All baggage, including sports equipment, 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 and the baggage can be safely placed into 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 on the INTERNET SITE.

It is not allowed to take any illegal and/or dangerous materials on board of the vehicle such as but not limited to weapons, radioactive substances, explosives, combustible and corrosive liquids, gas bottles with butane or propane, 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 PASSENGERS or could cause harm to PASSENGERS, their belongings, the vehicle, the driver or the environment.

ARTICLE 5 – 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, checked and in accordance with the applicable local regulations. Accident insurance for PASSENGERS is included in the price of the carriage.

The PASSENGER is obliged to obey all reasonable safety requests made by the driver of the vehicle. Not obeying to such requests can lead to exclusion from the carriage without the right to any compensation and/or refund. The CARRIER and the driver do not accept any liability for damage in this respect and the ORDERING PARTY and/or PASSENGER expressly agree with that.

In cases of inappropriate conduct by PASSENGERS that can cause physical harm or gross discomfort to themselves or to other PASSENGERS, cause a great deal of discomfort or dislike to other PASSENGERS or damage the vehicle or baggage of other PASSENGERS or in any other way diminish 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 for damage in this respect and the ORDERING PARTY and/or PASSENGER expressly agree with that.

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 and/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 they arise because of their actions (vomiting, urinating, waste dumping). PASSENGERS are also forbidden to bring on board the vehicle raw, fresh, cooked, baked or dried food or foodstuff if it is not stored in an appropriate packaging which prevents it to emit odour into the vehicle.

The ORDERING PARTY/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. 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 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 behaviour towards the driver and/or other PASSENGERS and/or if the PASSENGER fails to respect the applicable safety regulations and thus endangers the drive or the PASSENGERS and/or if the PASSENGER wishes to take onboard inappropriate baggage or dangerous substances.

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 expressly agree with that.

ARTICLE 6 – 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 is not obliged to wait for the PASSENGER.

In case of a PRIVATE TRANSFER, the PASSENGER’s delay due to a delay of the OTHER CARRIER can be maximum two (2) hours.

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 2 of the TERMS AND CONDITIONS OF BROKERAGE, the BROKER and the CARRIER assume no liability for any delay to the selected drop-off location.

In all other cases of the PASSENGER’s delay, the CONTRACT OF CARRIAGE concluded between the CARRIER and the ORDERING PARTY is considered terminated (except if the ORDERING PARTY has bought the ABSOLUTELY NO WORRIES PACKAGE as defined in the TERMS AND CONDITIONS OF BROKERAGE) 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 an indemnity for the termination of the CONTRACT OF CARRIAGE.

Regardless of the reason for the delay, as soon as the PASSENGER becomes aware of the delay, he/she must always notify the BROKER of the delay via SMS or by calling the emergency number, which is sent to the ORDERING PARTY in the booking confirmation.

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 due to flight delays, traffic conditions, border control 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 and selecting a FLEXIBILITY WINDOW and a TIME WINDOW.

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/or CARRIER’s reach (force majeure);
  4. The delay was due to stops during the carriage requested by or agreed with the PASSENGER;
  5. The delay was due to circumstances either unforeseen and/or unpredictable and which cannot be averted notwithstanding the due care of the CARRIER or the BROKER.
  6. The ORDERING PARTY has not checked and confirmed the departure times with regard to the OTHER CARRIER’s itinerary and in accordance with Article 2 of the TERMS AND CONDITIONS OF BROKERAGE.

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/PASSENGER expressly agrees that the BROKER and the CARRIER are not liable for any other damage or costs of the ORDERING PARTY and/or PASSENGER.

ARTICLE 7 – OTHER 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 pick-up 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.

The ORDERING PARTY/PASSENGER expressly agrees that 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, except if it is proven that the interruption was caused intentionally or by gross negligence of the CARRIER.

ARTICLE 8 – 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.

Internet failure or slowdown, 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 9 – LIABILITIES OF THE CARRIER

The CARRIER is liable for any damage 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 behaviour, 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 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 on the INTERNET SITE.

ARTICLE 10 – 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 on the INTERNET SITE in the myOpti ACCOUNT. The CARRIER shall not accept nor handle complaints received by any other means. The BROKER strives to answer to each complaint within fourteen (14) working days following the receipt of the complaint. Complaints regarding the services of THIRD-PARTY SERVICES PROVIDERS must be filed with the respective THIRD-PARTY SERVICE PROVIDER in line with its general terms and conditions.

ARTICLE 11 – PERSONAL DATA PROTECTION AND USE

Personal and other data/information of the ORDERING PARTY/ PASSENGER received by the CARRIER through or in connection with the use of the INTERNET SITE and under these TERMS AND CONDITIONS OF CARRIAGE is the information needed for the fulfilment of the obligations and/or the enforcement of the rights under the CONTRACT OF CARRIAGE.

By accepting the GOOPTI PRIVACY POLICY, the ORDERING PARTY/PASSENGER expressly 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 the GOOPTI TERMS AND CONDITIONS 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.

The CARRIER shall treat all data and information arising from the concluded contracts or in connection with the execution of the concluded contracts as business secrets. This does not apply to data which have to be communicated to authorized persons and official bodies in line with the applicable legislation.

ARTICLE 12 – FINAL PROVISIONS

The CONTRACT OF CARRIAGE, concluded in accordance with these TERMS AND 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 CARRIER, unless another court has territorial jurisdiction in line with the provisions of the EU legislation or the legislation of a EU Member State on consumer protection.

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 AND CONDITIONS OF CARRIAGE in different languages, the English version prevails.

For interpretation of these TERMS AND CONDITIONS OF CARRIAGE and of all the elements (including the conclusion and termination) of the CONTRACT OF CARRIAGE the law of the country of the domicile of the CARRIER applies.

IV. TERMS AND CONDITIONS FOR BUSINESS COOPERATION WITH PARTNERS

ARTICLE 1 – OBSERVATIONS

These Terms and Conditions for Business Cooperation with Partners (hereinafter: “B2B TERMS AND CONDITIONS”) apply to all business cooperation conducted between the PARTNER and GOOPTI (together: “Parties”) in situations described in these B2B TERMS AND CONDITIONS. By completing the registering process on the INTERNET SITE, the PARTNER fully agrees with these B2B TERMS AND CONDITIONS.

ARTICLE 2 – PARTNER

2.1. PARTNERS can register as a:

  • Business PARTNER – for entities that wish to purchase the GOOPTI SERVICES for their own internal needs.
  • Reseller PARTNER – for entities that wish to resell GOOPTI SERVICES whether exclusively or in connection with other products/services.

2.2. By registering, the PARTNER fully agrees with and accepts the GOOPTI TERMS AND CONDITIONS and the GOOPTI PRIVACY POLICY and declares that it is informed with the subject matter and additionally stipulates to conduct its business and performance accordingly. By this the PARTNER CONTRACT ON BUSINESS COOPERATION between the PARTNER and GOOPTI is concluded.

2.3. The PARTNER expressly undertakes and guarantees to inform its PASSENGERS in advance about the GOOPTI TERMS AND CONDITIONS and the GOOPTI PRIVACY POLICY and to acquire the consent of the PASSENGERS if needed under the applicable legislation for the application of the aforementioned. Failing to carry out these obligations is a serious breach of the PARTNER CONTRACT ON BUSINESS COOPERATION. The PARTNER is fully liable to GOOPTI for any and all damages arising from such a breach of these B2B TERMS AND CONDITIONS.

2.4. The PARTNER expressly agrees that the GOOPTI SERVICES cannot be cancelled once booked, except for in specific cases under the GOOPTI TERMS AND CONDITIONS. The PARTNER agrees and stipulates to cover all the fees and costs of the booked GOOPTI SERVICES.

2.5. The PARTNER guarantees to display the name of GOOPTI in the PARTNER’s marketing materials/voucher/other information to its PASSENGERS in a way that its PASSENGERS may always notice it and are expressly informed that GOOPTI SERVICES are part of the PARTNER’s offered service. The PASSENGERS must be clearly informed about the aforementioned before concluding any contract with the PARTNER.

2.6. When ordering the GOOPTI SERVICES, the PARTNER acts as the ORDERING PARTY with the implications deriving from its role as defined in these B2B TERMS AND CONDITIONS.

2.7. The PARTNER guarantees to cover all invoices, outstanding payments and/or fees arising from the orders of the GOOPTI SERVICES for its PASSENGERS in line with these B2B TERMS AND CONDITIONS.

2.8. GOOPTI conducts payments to PARTNERS through its local subsidiaries or in some cases its franchisees. The PARTNER expressly agrees to this payment procedure and acknowledges any burdens thereof whether private or public, such as but not limited to taxes, payment fees, etc.

2.9. All the bookings of the GOOPTI SERVICES must be settled before using the GOOPTI SERVICES as per the applicable system at the moment of the booking.

2.10. GOOPTI shall remunerate the PARTNER for each confirmed QUALIFYING PURCHASE with a COMMISSION at the rate that is listed in the myOpti ACCOUNT of the PARTNER. The COMMISSION rate is determined solely by GOOPTI and may be changed at any time, without prior agreement by and/or notification to the PARTNER, with which the PARTNER expressly agrees. The PARTNER is informed about the change in COMMISSION rate via its myOpti ACCOUNT.

2.11. Any complaints deriving from the PASSENGERS of the PARTNER must primarily be handled by the PARTNER. Additionally, there is a comprehensive complaint procedure on the INTERNET SITE which is readily available to the PARTNER. The PARTNER shall notify the PASSENGER that any complaint regarding the GOOPTI SERVICES should be conveyed to the PARTNER directly.

ARTICLE 3 – BUSINESS PARTNER

3.1. A Business PARTNER is a PARTNER of GOOPTI that purchases the GOOPTI SERVICES for their own employees or other persons, for their own needs.

3.2. The Business PARTNER receives the COMMISSION for the purchased GOOPTI SERVICES that will be remunerated in a form of a DISCOUNT CODE that may be created in the myOpti ACCOUNT.

ARTICLE 4 – RESELLER PARTNER

4.1. A Reseller PARTNER is a PARTNER of GOOPTI that purchases the GOOPTI SERVICES for their clients.

4.2. The Reseller PARTNER receives the COMMISSION for the purchased GOOPTI SERVICES that will be remunerated in a form of payment after the Reseller PARTNER issues an invoice for the COMMISSION.

4.3. Payment of the invoice for the COMMISSION will be made by a bank transfer to the Reseller PARTNER’s bank account provided by the Reseller PARTNER to GOOPTI in the registration process. Should the amount of the invoice be lower than EUR 100.00, the Reseller PARTNER shall not issue an invoice but must postpone the invoicing until the overall amount of the due COMMISSION to the PARTNER is higher than the aforementioned minimum amount.

4.4. The Reseller PARTNER shall notify GOOPTI of any and all material complaints regarding the GOOPTI SERVICES filed by the PASSENGER and any and all court and/or administrative procedures and/or disputes regarding the GOOPTI SERVICES filed or active between the Reseller PARTNER and its PASSENGERS.

ARTICLE 5 – PAYMENTS

5.1. In consideration of the services provided by the PARTNER under these B2B TERMS AND CONDITIONS, GOOPTI shall pay to the PARTNER the COMMISSION of percentage (including vat) of the net price of the QUALIFYING PURCHASE. The COMMISSION is payable monthly based on the invoices issued by the PARTNER according to the report available with the invoice issued by GOOPTI to the PARTNER, no later than fifteen (15) calendar days after the end of the respective calendar month. All invoices issued on the basis of this section are due within eight (8) days from delivery of the respective invoice to GOOPTI.

5.2. Payment of the COMMISSION

The payment will be made by a bank transfer to the PARTNER’s bank account provided to GOOPTI in the registration process. Should the amount of the due fee be lower than EUR 100.00, the PARTNER may not issue an invoice but must postpone the invoicing until the overall amount of the payable fee to the PARTNER will reach the aforementioned minimum amount. In certain situations, the PARTNER may create a DISCOUNT CODE in accordance with the instructions provided on the INTERNET SITE.

5.3. Both Parties hereby acknowledge and agree that all invoices issued on the basis hereof may be issued and sent electronically.

ARTICLE 6 – INTELLECTUAL PROPERTY RIGHTS

6.1. Intellectual Property includes the intellectual and industrial property of GOOPTI of any type registered or unregistered in any country, including subjects of intellectual/industrial property created after the day the agreement is concluded. The aforementioned term includes present and future patents, trademarks, unregistered trademarks, models, copyrights, software, domains, know-how and databases without limitation.

6.2. The PARTNER acknowledges that GOOPTI is the exclusive owner of the Intellectual Property rights and of all other rights, titles and interests connected to the GOOPTI business model, GOOPTI TERMS AND CONDITIONS and to the business itself, and that solely GOOPTI is entitled to the goodwill and benefits arising from the Intellectual Property rights of the GOOPTI business model and of the business itself. The PARTNER shall never claim any right and shall never make any claims founded on the above-stated basis and waives all rights of such nature. GOOPTI reserves the right to add, change and substitute the content of the Intellectual Property rights, which are used in the execution of the GOOPTI business model.

6.3. The PARTNER shall make use of the Intellectual Property rights including the GoOpti® trademark sublicensed to the PARTNER strictly under the terms required, defined and confirmed by GOOPTI, and shall not act in any manner that could have a negative effect on the Intellectual Property rights or on the transaction, neither during the period of validity of the agreement nor after its expiration.

6.4. The PARTNER shall not register nor try to register on its behalf or on behalf of any other natural or legal person, entity or corporation any Intellectual Property rights (nor any name or label or domain or design), used in relation to this transaction or to the GOOPTI business model, and shall not acquire nor try to acquire any other Intellectual Property rights related to the know-how in any country anywhere in the world. When doing business, the PARTNER is obliged to expressly and explicitly identify itself as a PARTNER of GOOPTI and not as the owner of GOOPTI’s Intellectual Property rights.

6.5. The PARTNER shall not register any firm, company, trademark or domain nor use in its activities any business name covered by any Intellectual Property rights or any other suchlike names or labels and shall not use any other name reminiscent of or likely to be confused with any name covered by any Intellectual Property rights or which represents an unacceptable practice of Intellectual Property rights of GOOPTI.

6.6. If the PARTNER becomes aware of any intellectual infringements or of any threat of intellectual infringement concerning the GOOPTI business model, the goodwill and/or any Intellectual Property rights of GOOPTI or any other registered rights of GOOPTI or if the PARTNER discovers or finds out about any act representing unauthorized or illegal business practice or any act or fact which could have a negative effect on the goodwill or on the repute connected to any of the Intellectual Property rights or about any third-party claim for the use of the above-stated rights, the PARTNER shall immediately inform GOOPTI in writing by sending a complete report of the circumstances.

6.7. The PARTNER expressly declares and accepts that any goodwill arising from the PARTNER’s use of Intellectual Property rights is the exclusive property of GOOPTI. After the ending of the business cooperation, the PARTNER shall not request any refund of costs nor any other sum of money in relation to the use of the GOOPTI business model, trademark or of any of the Intellectual Property rights or as a compensation for the costs incurred due to the implementation of the trademark on a specific market or a refund of an investment made by the PARTNER.

6.8. GOOPTI expressly reserves all rights and claims concerning its Intellectual Property rights including web domains containing the word or an inflection of the word GoOpti® (or of any trademark registered by GOOPTI) registered by the PARTNER or its related persons. By agreeing to the GOOPTI TERMS AND CONDITIONS (also to be considered as a deed of transfer), the PARTNER gives irrevocable and absolute consent that these domains shall be transferred to GOOPTI free of charge if and whenever the PARTNER or its related person registers such a domain on behalf of the PARTNER. The PARTNER undertakes to cover the costs of the domain transfer and the costs of hosting these domains before the transfer.

ARTICLE 7 – EFFECTS OF TERMINATION

The PARTNER and/or GOOPTI may terminate the business cooperation without cause at any time without any notice period, with a written notice via e-mail, unless otherwise agreed.

Immediately after the termination of the business cooperation, the PARTNER must stop using all symbols, designations, trademarks, advertising materials of GOOPTI and the GoOpti® trademark.

Within eight (8) days of the termination of the business cooperation, the Parties shall settle all mutual obligations.

ARTICLE 8 – PERSONAL DATA

By entering into this business cooperation, the PARTNER authorizes GOOPTI to manage the databases of personal data that originate from the PARTNER’s PASSENGERS and are provided by the PARTNER. GOOPTI undertakes to process and store the personal data in line with the applicable national and EU legislation and the GOOPTI PRIVACY POLICY.

GOOPTI shall not be liable for any damages caused to the PARTNER or to a third party by an error in the system of personal data protection arising from the PARTNER’s sphere.

The PARTNER undertakes to acquire the consent for processing the personal data from the PASSENGER if the consent is needed under the applicable legislation and the GOOPTI PRIVACY POLICY, provided that the personal data is being collected and processed.

ARTICLE 9 – CONFIDENTIALITY

9.1. ‘Confidential Information’ is all/any information of a confidential nature relating to the Parties and/or the subject of the agreement which the Parties exchange or to which the Parties have access within the framework of implementing the agreement. The aforementioned term includes all information on staff, their personal data, operations, business methods and approaches, future plans, policies, suppliers, customers, any information on the GoOpti® business or franchise model and the GOOPTI’s company and/or its affiliates, business plans, agents, distributers, advisers and its clients, regardless of whether or not they are classified as ‘confidential’.

9.2. The Parties are liable to protect as a business secret all Confidential Information exchanged between the Parties on the basis of or in relation to the GOOPTI SERVICES, whether in verbal or written form, in electronic form or in any other form.

9.3. The PARTNER undertakes to treat and protect all Confidential Information acquired on the basis of or in relation to this business cooperation, any documentation obtained from GOOPTI, work procedures, data on GOOPTI and other data on business, technical and technological solutions used by GOOPTI as Confidential Information and as a business secret, and to not disclose them to any unauthorized third party and/or any related person without an explicit written consent of GOOPTI, and to not enable any unauthorized third party or any of their related persons to get acquainted with these data, except if allowed by positive regulations, and to use them solely for the purpose of this business cooperation.

9.4. The PARTNER undertakes that its employees and consultants and all the persons in any way related to the PARTNER (its related persons and their managers, employees and consultants) who would or could find out about the Confidential Information shall protect and prevent any disclosure of Confidential Information to unauthorized third parties in line with the rules on business secrecy protection with the diligence of a good expert, not forward any Confidential Information in any form to any third party, and use Confidential Information solely for the purpose of conceiving and executing this business cooperation.

9.5. Both Parties shall protect all Confidential Information permanently, even after the business cooperation ceases.

9.6. The PARTNER authorizes GOOPTI to unlimitedly use all its data stored on/in the INTERNET SITE concerning the purchases, demand, transportations, income, costs, customer satisfaction and other data of the PARTNER.

9.7. Upon a written request from GOOPTI, the PARTNER shall, within 24 hours and without unnecessary delaying, return or destroy or permanently delete all written, digital or any other kind of records containing Confidential Information or other business secrets, and shall make sure this procedure is also carried out by all third parties acquainted or that could get acquainted with the Confidential Information according to or against the provisions of these B2B TERMS AND CONDITIONS, except if such destruction or deletion would be in opposition to the law.

ARTICLE 10 – FINAL PROVISIONS

By agreeing to these B2B TERMS AND CONDITIONS, the PARTNER agrees to substitute and replace all other previous agreements and contracts, spoken or written, concluded between the PARTNER and GOOPTI or their legal predecessors in the relevant matter.

If the Parties conclude an additional contract besides these B2B TERMS AND CONDITIONS, these shall still apply unless expressly derogated by the aforementioned contract.

Failure of either Party to require performance of any provision of these B2B TERMS AND CONDITIONS shall not affect either Party’s right to require full performance thereof at any time thereafter, and the waiver by either Party of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach or nullify the effectiveness of such provision.

V. AFFILIATE PROGRAM TERMS AND CONDITIONS

1. By accepting these GOOPTI TERMS AND CONDITIONS and thus concluding an agreement with GOOPTI and entering into the AFFILIATE PROGRAM, the AFFILIATE PARTNER undertakes to set up a link on the AFFILIATE PARTNER’S WEBSITE, which will reroute the user to the INTERNET SITE. GOOPTI permits such action in the scope of and in accordance with the terms in this section of the GOOPTI TERMS AND CONDITIONS.

2. For every QUALIFYING PURCHASE made on the INTERNET SITE, which will be in connection with the AFFILIATE PROGRAM, from the AFFILIATE PARTNER’S WEBSITE, GOOPTI shall pay a COMMISSION to the AFFILIATE PARTNER in the percentage of gross sales of the QUALIFYING PURCHASE as listed in the myOpti ACCOUNT of the AFFILIATE PARTNER.

3. The AFFILIATE PARTNER guarantees that it will not reroute the traffic to the INTERNET SITE over internet sites other than AFFILIATE PARTNER’S WEBSITE and/or that the transfer/rerouting that constitutes a basis for the COMMISSION shall originate only from the AFFILIATE PARTNER’S WEBSITE.

4. If any suspicion arises to the fact that the AFFILIATE PARTNER’s COMMISSION was earned and/or any QUALIFYING PURCHASE should derive from any fraudulent activity and/or conduct, it is in sole discretion of GOOPTI to determine whether to suspend and withhold all payments under the AFFILIATE PROGRAM and the above-mentioned COMMISSION, GOOPTI has the right of retention on the whole sum of the unpaid COMMISSION in the myOpti ACCOUNT of the AFFILIATE PARTNER. The AFFILIATE PARTNER bears the burden of proof to the contrary – meaning there was no fraudulent activity that resulted in undue/unjust COMMISSION.

5. Fraudulent activity or conduct is any type of illegal activity designed with the intention to cheat users, buyers of GOOPTI SERVICES, for example: rerouting of the traffic from the main landing page to the AFFILIATE PARTNER’S WEBSITE and using bots or other ungenuine clicks and creating fake leads.

VI. GOOPTI REFERRAL PROGRAM TERMS AND CONDITIONS

ARTICLE 1 – WHAT IS GOOPTI REFERRAL PROGRAM

The GOOPTI REFERRAL PROGRAM (Bring a friend!) allows customers to refer (REFERRER) the GOOPTI SERVICES to a friend (REFERRED FRIEND). The REFERRER shall receive a discount and the REFERRED FRIEND will receive a special REFERRAL DISCOUNT for the purchase of GOOPTI SERVICES.

Customers of GOOPTI who wish to participate in the REFERRAL PROGRAM must agree with the GOOPTI TERMS AND CONDITIONS.

The referral can be made via e-mail, Facebook or Twitter.

ARTICLE 2 – THE DISCOUNT

The REFERRER can receive a discount if:

  • The REFERRED FRIEND has not yet been a booking owner for any GOOPTI SERVICES.
  • The REFERRED FRIEND has not yet registered on the INTERNET SITE and his/her contact data have not been entered into any booking of a GOOPTI SERVICE.
  • The REFERRED FRIEND makes a purchase according to the instructions in the referral message.
  • There are no open issues regarding the referral and/or REFERRER and/or REFERRED FRIEND, such as fraudulent activity, REFERRER and/or REFERRED FRIEND being a bot, the REFERRER not concluding the referral through the GOOPTI landing page, etc.

The REFERRED FRIEND must complete a purchase of GOOPTI SERVICES before the REFERRER is granted a discount.

The REFERRER shall be credited with the discount that can be used through the myOpti ACCOUNT in the myDiscounts section.

The maximum discount that any person in the REFERRAL PROGRAM may acquire is EUR 100.00 cumulative. Any discount exceeding this amount is converted into the AFFILIATE PROGRAM DISCOUNT CODE that enables the party to earn a COMMISSION in accordance with the provisions on the AFFILIATE PROGRAM and in accordance with the information provided on the INTERNET SITE.

ARTICLE 3 – REDEEMING THE DISCOUNT

The discount shall appear in the myDiscounts section of the myOpti ACCOUNT where it can be redeemed by the REFERRER.

The discount can only be used for purchases of GOOPTI SERVICES by creating the DISCOUNT CODE (redeemed discount) and used at the next purchase.

The redeemed discount must be used at the latest in one year after the REFERRED FRIEND has made the purchase. The discount cannot be used in combination with other discounts and DISCOUNT CODES from different accounts together in a single purchase or bundled/combined in one account.

The discount acquired through referral cannot be exchanged for cash or money in any form. Selling/trading or other similar activities with the DISCOUNT CODE (redeemed discount) generated in myDiscounts are prohibited and will result in the cancellation of the DISCOUNT CODE.

The REFERRER is prohibited to receive a discount through creation of multiple myOpti ACCOUNTS or other similar practices. The myOpti ACCOUNT and/or DISCOUNT CODE and/or link of the REFERRER and REFERRED FRIEND shall be cancelled and deleted if any practice of the REFERRER or the REFERRED FRIEND is considered fraudulent and/or abusive and all the discounts in the respective myOpti ACCOUNT shall be annulled.

ARTICLE 4 – REFERRED FRIENDS’ DISCOUNT

The REFERRED FRIEND shall also receive a REFERRAL DISCOUNT in the amount as granted by GOOPTI if and when the REFERRED FRIEND makes a purchase. The REFERRED FRIEND can only use the REFERRAL DISCOUNT if the person is a natural person and a new booking owner. A booking owner is a person listed as the first PASSENGER in the booking of the GOOPTI SERVICES. Any person who was prior to the referral booking already a booking owner is thus not eligible for the REFERRAL DISCOUNT as the REFERRED FRIEND. A REFERRED FRIEND may only use one referral link. If a REFERRED FRIEND receives referral links from multiple REFERRERS, only the corresponding REFERRER of the referral link used by the REFERRED FRIEND will receive a discount.

ARTICLE 5 – CHANGES, LIABILITIES AND TERMINATION

GOOPTI can without prior notice discontinue the REFERRAL PROGRAM; it may suspend the REFERRAL PROGRAM for a limited period and terminate the REFERRAL PROGRAM in whole at any time for any reason. These REFERRAL PROGRAM TERMS AND CONDITIONS may change without notice and with effect on all DISCOUNTS, REFERRAL DISCOUNTS or incentives and/or other details of the REFERRAL PROGRAM.

The discount in myDiscounts obtained through fraudulent behaviour and/or activities is void and null. GOOPTI may delete the myOpti ACCOUNT and delete the discount in myDiscounts and/or redeemed discount if GOOPTI deems the activity of the user or on the account is abusive or fraudulent or GOOPTI has reason to believe the account shall be used for activities of such nature. A fraudulent activity is also publishing or selling discounts and/or REFERRAL DISCOUNTS, received under the REFERRAL PROGRAM, on public web portals with mass offers of discounts or other benefits. GOOPTI reserves the right to cancel or remove any referral links that are of the same nature, such as those stated above. GOOPTI shall take no other liability from this REFERRAL PROGRAM than the promised discount for the REFERRER and the promised REFERRAL DISCOUNT for the REFERRED FRIEND.

GOOPTI has sole discretion to cancel or change any and all activities or granted discount and/or REFERRAL DISCOUNT as it deems fair and appropriate.

 

3 December 2019                                                                                                                   GOOPTI