General Standard Terms and Conditions of Lets Go for the Ongoing Arrangement of Transport Services for the USER
“LETS GO” represented by Mr. Ziya Rahbarli (Managing Director), 152 Haydar Aliyev avenue, Chinar Plaza, AZ 1029, Lower Trial Court and Registration Court of Baku, tax ID number: 1404144461, telephone: +994125550066/+994554500066, shall arrange transport services through the www.airport-transfer.services booking platform and (hereinafter referred to as ATS); the said services shall be rendered by taxi, passenger transport and tour services registered with LETS GO (hereinafter referred to as PROVIDER or PROVIDERS) for taxi, passenger transport and tour services clients (hereinafter referred to as USER or USERS). The term “passenger transport services” hereinafter refers to cars with a driver (booking classes: Economy, Economy+, Comfort, Business, Business+, Retro/classic, 4x4/SUV, Minivan, Minibus, Premium and Bus).
Art. 1 Scope of Application
It is of great importance to LETS GO that complete transparency is maintained towards all parties and all parties have confidence in the services offered. For this reason the General Standard Terms and Conditions of LETS GO shall apply as a foundation for all business relations between USERS and LETS GO. These relate to all offers made to USERS for passenger transports via ATS, the arrangement of such services by LETS GO and any other use of the platform or its services. Any General Standard Terms and Conditions of PROVIDERS or USERS shall only become a part of the contract if their applicability has been expressly agreed upon and LETS GO has given its written consent thereto.
Art. 2 Subject of the Agreement
Passenger transport services rendered by PROVIDERS to USERS are arranged via ATS, the booking platform provided by LETS GO. LETS GO enables PROVIDERS to offer their services to USERS on ATS. The PROVIDERS post their transport and tour services offer including their qualifications, vehicles, prices and other data relevant to their services on ATS, and LETS GO presents this service offer to the USERS on behalf of and for the account of the PROVIDERS. Via ATS by LETS GO, USERS may search for available vehicles and transport capacities and book them through the said platform. LETS GO shall act as an agent between the PROVIDER and USER with respect to such passenger transport and tour services. The business relationship established for the purposes of such passenger transport shall only exist between the PROVIDER and USER.
Art. 3 Conclusion of the Contract, Modifications to the Contract
Art. 3.1 Arrangement of Passenger Transport and Tour Services Rendered by Taxi, Transport and Touristic Companies
As regards passenger transports by taxi, transport, touristic companies in their capacity as PROVIDERS, LETS GO shall exclusively act as an agent for bookings for such PROVIDERS and shall present the PROVIDERS' service offers on ATS on their behalf. USERS search and find suitable transport services on ATS and select such services there. LETS GO then passes on the USERS' requests to the appropriate PROVIDER who is the selected service provider. The USER receives a provisional, non-binding confirmation of reservation from LETS GO immediately after the enquiry has been completed. The contract for rendering transport services shall not be concluded until the job has been accepted by the PROVIDER. The contract shall be exclusively concluded between the USER and the selected PROVIDER. The conclusion of the said contract shall be documented by way of a binding booking confirmation sent by LETS GO on behalf of the PROVIDER to the USER. The transport service shall be rendered by the PROVIDER. The transport service shall be accounted for on the basis of the contractual and statutory provisions (e.g. taxi fare) between the PROVIDER and the USER. LETS GO may be contractually entrusted with the management of the accounts for passenger transport services for the USER in the name and on behalf of the PROVIDER.
Art. 4 Prices, Fees and Terms of Payment
(1) LETS GO reserves the right to provide various booking classes with differently priced service standards to USERS in the name of and on behalf of the PROVIDERS..
(2) The booking classes exist for cars (Economy, Economy+, Comfort, Business, Business+, Retro/classic, 4x4/SUV, Minivan, Minibus, Premium and Bus). The individual booking classes differ in terms of the vehicle category, waiting time and service provided (particularly regarding drinks, wifi, newspapers in the car etc.).
Art. 5 Electronic Payment
(1) LETS GO uses the system of electronic credit card payment and other electronic methods of payment. LETS GO works with a reputable provider for electronic payments which manages credit card details and handles payments. LETS GO does not store the USERS' payment information.
(2) When a booking is made by a USER, LETS GO authorizes and blocking the amount of the USER's credit card payment with the payment provider who then charges the agreed amount to the USER's account after the USER has completed his/her journey with the relevant PROVIDER.
(3) The amount charged is based on the fixed price for passenger transport and tour services plus any additional charges incurred as a result of any of the aforesaid changes (particularly including route charges, waiting times etc.).
(4) USER can make payments through local and international cards. All types of Visa and MasterCards are acceptable
Art. 6 Rights and Obligations of LETS GO
Art. 6.1 Debt Collection Management
(1) Due to individual contracts with the PROVIDERS, LETS GO acquires the ownership of any and all claims against the USER based on transportation services rendered by the PROVIDERS and is entitled to collect the respective payments in its own name and on its own account.
(2) LETS GO will directly collect the incurred fees based on the fare communicated by the PROVIDER and agreed with the USER, by charging the USER’s credit card (or, as applicable, other payment method) through the payment service provider as per Art. 5. All fees and charges shall include statutory value added tax.
Art. 7 USERS' Rights and Obligations
(1) A USER's registration on ATS entitles the USER to utilise the technical resources provided by LETS GO.
(2) For effective registration, the USER shall provide his/her data as required. This includes, for example, entering the USER's full name, address details and telephone number in the registration screen. These data shall be treated as confidential and shall not be disclosed to any third parties. Further details thereof are laid down in the ATS Privacy Statement.
(3) The USER is required at any time to state his/her true and complete personal data subject to the requirements of LETS GO and to maintain such data and keep them up to date.
(4) In addition, the USER shall use ATS in such a manner that no impairment, overload or damage is caused to ATS and the purpose pursued by this platform is not jeopardised or bypassed. The USER will not bypass or modify any safety precautions made by ATS, neither itself nor through any third parties.
(5) All rights to the software and the services provided on ATS shall remain with LETS GO. USERS shall not copy, modify, reverse-engineer, decompile or distribute the software made available to them.
(6) The USER shall store his/her user name and password in a secure location and shall not disclose them to third parties or enable third parties access to ATS. The USER shall be solely responsible for the confidentiality and security of his/her account. The USER shall notify LETS GO immediately of any unauthorised use by a third party.
(7) The USER undertakes not to bypass LETS GO when concluding any contracts with the PROVIDERS if they are part of the services arranged by LETS GO.
(8) The USER shall notify LETS GO without delay and immediately if the USER is late, the transport job has been cancelled or the driver is late and/or cannot be located.
(9) It is the USER's obligation to check the booking data on the booking confirmation for consistency with the data entered by him/her when making the booking and to immediately report any differences to LETS GO.
(10) Other parties' personal data which are transmitted or become known to the USER (in particular, drivers' contact data) shall only be processed by him/her subject to and for the purposes of ATS and shall not be transmitted to any uninvolved third parties. Any other regulation shall only be effective if consent has been given thereto.
(11) If the USER fails to comply with his/her obligations, LETS GO is entitled to exclude the USER from individual or all ATS functions temporarily or, in the event of severe violations, permanently to prevent misuse of ATS.
Art. 8 Rating System
(1) After every trip, the USER is requested to rate the driver and the vehicle. This rating is anonymous and only serves for quality assurance and improvement of customer satisfaction.
(2) The PROVIDER's quality is reflected by a star system for transport companies. In addition to customer ratings, the star system is also based on other indicators of quality such as the vehicle equipment and accessories.
Art. 9 Liability, Liquidated Damages
(1) With the exception of liability under the product liability act (Produkthaftungsgesetz) and due to any injury to life, limb or health, the liability of LETS GO shall be restricted or excluded as follows:
In the event of negligence, the liability of LETS GO shall be restricted to compensation for the typical foreseeable damage. In the event of slight negligence, however, LETS GO shall only be liable if LETS GO has breached any duty whose fulfilment is a precondition for the proper performance of the contract and, in particular, for the use of the booking platform in a manner that is commercially appropriate with regard to both parties' interests, and on whose fulfilment the USER may rely.
(2) The aforesaid restrictions shall also apply in favour of LETS GO's statutory representatives and persons employed by LETS GO in performing its obligations if any claims are asserted directly against it.
(3) In addition, LETS GO does not assume any liability for the correctness and completeness of the information transmitted to LETS GO and forwarded in due time and in unchanged form by LETS GO or for the timely receipt of such information by the PROVIDER or, as applicable, the USER. LETS GO shall not be liable for any loss of data by the USER as it is the USER's obligation to ensure regular and proper data back-up.
(4) LETS GO shall not be liable for any costs arising from any delay on the part of the USER or a third party.
Art. 10 Miscellaneous
(1) Azerbaijan law shall apply.
(2) In the event of litigation and if the USER and/or PROVIDER is a business or legal entity, Baku is agreed to be the place of jurisdiction. The same shall apply in the event that the USER's and/or PROVIDER's registered office or habitual residence is relocated out of the territory of application of the Azerbaijan Code of Civil Procedure after conclusion of the contract or is unknown upon commencement of an action.
(3) If these Standard Terms and Conditions fail to cover any item which requires regulation, the statutory provisions or, as applicable, the principles developed on the basis of previous court decisions shall apply in addition. The ineffectiveness of any of the provisions of these Standard Terms and Conditions shall not result in the ineffectiveness of the entire body of regulations.
Art. 11 ATS Support
(1) Should any difficulties or problems arise between the USER and the PROVIDER or its driver, the USER is requested to report this situation to LETS GO by email to supp[email protected]
(2) Should the USER experience any problems with the LETS GO software, the LETS GO Support will be available at the email address [email protected]
General Terms and Conditions of Transport
Whenever a passenger transport is booked using ATS, the following terms and conditions shall apply to the provision of passenger transports by the party liable to carry out such transport (hereinafter referred to as the "PROVIDER" or "PROVIDERS") to the party entitled to utilize the transport service (hereinafter referred to as the "USER" or "USERS") and to the conclusion of a contract between the PROVIDER and USER regarding such service:
Art. 1 Special Booking Details
The USER is informed that (s)he is required to provide certain booking details to the PROVIDER via ATS, as otherwise the right to refuse transport applies. In particular, this includes the following data:
Child seats are supplied by the PROVIDER based on the above details.
Art. 2 Arrangement and Transport Procedure
(1) The USER is required to attend the agreed place at the agreed time after receiving the binding booking confirmation.
(2) Any booking changes shall be reported to the PROVIDER via ATS without delay. Additional costs shall be incurred for late rescheduling (see Art. 4.1).
(3) Should the PROVIDER be unable to carry out the trip booked due to events of force majeure, the PROVIDER reserves the right to engage a substitute driver with an equivalent substitute vehicle to carry out the transport. The USER shall be notified thereof by a renewed confirmation text message and email.
Art. 3 Prices, Fees and Terms of Payment
(1) As regards any fees for transport services rendered by a transport company, the PROVIDER, by accepting the transport service on ATS, undertakes to carry out the trip at the price offered there. The price stated there is based on the price structure defined by the PROVIDER and is a fixed price which includes any other fees that may be incurred (particularly including charges for parking, road tolls, waiting times spent etc.).
(2) The fixed price shall not cover any costs caused by the USER and incurred as a result of route changes prompted by the USER (in particular, extending the distance travelled), additional waiting times or any other extra costs or services such as additional parking fees, additional luggage and 'via' trips (additional collections/stops en route). If a booking is changed after the defined time limits, additional costs may be incurred (particularly in the event of route changes, 'via' trips and changes in pick-up times, see Art. 4.2).
Art. 4 Breaches of Transport Contracts and Their Consequences
Art. 4.1 Cancellation and Rescheduling of Trips by USERS
(1) If the PROVIDER is a taxi company, bookings may be cancelled or rescheduled by the user free of charge until the scheduled departure time. After that, cancellation and rescheduling shall no longer be possible and a non-attendance fee subject to the taxi fare regulations shall be charged.
(2) If a booking for a transport company is cancelled or rescheduled, a difference is made between the time limit for cancellation and the time limit for rescheduling:
(2a) The time limit for cancellation is 24 hours before the scheduled departure time. Rescheduling is free of charge prior to the time limit for cancellation.
If the cancellation is 12 hours before the scheduled departure time, 50% of the full amount will be charged.
If the booking is rescheduled before the 12 hours before the scheduled departure time, 10% of the full amount will be charged.
If less than 12 hours before the scheduled departure time, the full fare for the booking will be charged.
(2b) The time limit for rescheduling is 12 hours before the scheduled departure time. After the time limit for rescheduling has passed, the booking can no longer be changed and the full fare for the booking will be charged.
Art. 4.2 Late Arrival and Non-attendance of USER
(1) The USER shall contact the driver if (s)he is late.
(2) If the PROVIDER is a transport services company, the waiting-time fees set by the PROVIDER shall be charged after the waiting time included in the fare (depending on the place of pick-up and booking class) has passed. In the event of non-attendance without prior cancellation, the PROVIDER may charge the full fare to the USER.
Art. 4.3 Exceptional Situations
(1) If an inevitable event occurs (e.g. the vehicle stops working etc.), the PROVIDER reserves the right to use the next best replacement vehicle. In this event it may become impossible in some cases for booking classes to be observed.
(2) In these exceptional situations, the PROVIDER also reserves the right to cancel bookings. Any charges already paid shall be refunded in this case. No claim for damages and no further claims shall exist.
Art. 5 Liability
(1) With the exception of liability under the product liability act and due to an injury to life, limb or health, the liability of the PROVIDER shall be restricted or excluded as follows:
In the event of negligence, the liability of the PROVIDER shall be restricted to compensation for the typical foreseeable damage. In the event of slight negligence, however, the PROVIDER shall only be liable if it has breached any duty whose fulfilment is a precondition for the proper performance of the contract and, in particular, for the use of the booking platform in a manner that is commercially appropriate with regard to both parties' interests, and on whose fulfilment the USER may rely.
(2) The aforesaid restrictions shall also apply in favor of the PROVIDER's statutory representatives and persons employed by the PROVIDER in performing its obligations if any claims are asserted directly against it.