1. Definition of terms

1.1. Agreement – These terms and conditions are posted on the website.

1.2. Platform operator – I/M Lasha Zhgenti 01027065759, who creates a platform through the website and provides users with relevant services for communication between the tour operator and passengers. The platform operator does not personally rent cars and does not offer additional services beyond the platform itself. They are not a party to the contractual relationship between the passenger and the tour operator;

1.3. Passenger – a natural or legal person who contacts the tour operator through the website of the platform operator;

1.4. User – a natural or legal person, including a passenger and a tour operator, who uses the services of the website;

1.5. Website – https://safetrip.ge

1.6. Services – types of services offered to users by the platform operator.

1.7. User e-mail – e-mail address, one of the parameters required to access the account, which is unique and can be defined and changed by the user;

1.8. Vehicle (vehicle) – a mechanical vehicle that is usually used on the road to transport people or transport goods;

1.9. Unauthorized debiting of money – deduction of money from the user’s bank account/accounts by the platform operator without the bank account owner’s consent in the case provided for in this agreement;

1.10. Confidential information – any information that has become known to the parties through the use of the platform and/or during the period of validity of this agreement and which relates to the terms of this agreement and any other transaction and/or agreement, based on the cooperation of the parties, as well as information about the activities, financial status, transactions, transactions and About other business relationships (companies/branches, etc.);

1.11. Force majeure – unforeseen circumstances that did not exist at the time of signing this agreement and the occurrence and impact of which the parties could not avoid and overcome; In particular, acts of nature, strikes, sabotage or other industrial disturbances, war, blockade, riot, earthquake, landslide, epidemic, flood and other similar events beyond the control of the parties and cannot be avoided.

1.12. 1 mile – equal to 1.61 kilometers to determine the mileage of the vehicle;

1.13. 1 day – 24 hours.

2. Subject of the contract

2.1. The platform operator provides services to users through the website so that they can use the services offered. The platform operator is an intermediary who helps the passenger and the tour operator to communicate with each other;

2.2. The cost of each service is determined by the platform operator.

2.3. The operator of the platform does not own any of the vehicles listed on the website and does not have any additional information about their actual condition;

2.4. The platform operator does not control the quality, safety, legality and compliance of the vehicles listed on the website;

2.5. The information posted on the website is for the user to establish contact with another user;

2.6. Any natural or legal person voluntarily, based on their own interests, places personal information on the website;

2.7. By publishing information on the website, the tour operator agrees that the information about them will be public and can be viewed by any user, including the operator of the platform, who is authorized to provide other users and any third party with the car insurance policy published on the tour operator website (if any). Information about the user’s bank accounts and profile password is confidential and cannot be disclosed to third parties;

2.8. The user assumes all risks associated with the dissemination of information;

2.9. Information about other users posted on the site has no legal effect and the user should verify the accuracy of the information before any financial transaction;

2.10. The user knows and agrees that the platform operator has unlimited access to the information posted by the user on the website and personal correspondence made through the website (including through the mobile application).

3. Signing of the contract between the tour operator and the passenger

3.1. The tour operator and the passenger have the right to conclude a service contract on any terms acceptable to them, for which the platform operator is not responsible. They determine the price of services, additional services and services by mutual agreement;

3.2. In addition to these conditions, the relationship between the tour operator and the passenger may be regulated by additional contractual rules defined by the tour operator;

3.3. If there is no other agreement between the tour operator and the passenger, the rules stipulated in these conditions apply to them;

3.4. Through the website, the tour operator publishes the cost of its services for specific routes. Services may include transportation services, and/or guide services, and/or other services related to transportation services;

3.5. The passenger chooses the desired tours from the tour operators listed on the website, makes a reservation and waits for the tour operator’s confirmation;

3.6. The passenger makes a reservation through the website. When making a reservation, they must provide their name, phone number, email, departure and destination locations, travel start time, payment method, bank card details when choosing a non-cash payment method, and any other information. displayed on the website;

3.7. The passenger can shorten or change the route and travel time;

3.8. The passenger has the right to cancel the reservation request at any time before the reservation is confirmed. Canceling the reservation is equivalent to refusing to meet the passenger at the place of departure.

4. Rights and obligations of the parties

4.1. The platform operator is authorized to:

— to block, delete or not create a profile if the tour operator violates these rules/conditions or if there is a suspicion that any of the conditions have been violated or are not observed;

— at its discretion, unilaterally change the terms and services at any time;

— but is not obliged, at its own discretion, independently or through a third party to verify the correctness of the information posted by the user and to take appropriate measures in case of incorrect information;

— but is not obliged to request and/or verify the user’s information from any state or private institution or individual, with which the user agrees and gives the platform operator full rights to request, verify and/or receive any information about them;

— providing any information about the user to the contracting party, the victim, investigative bodies, the prosecutor’s office or the court without the user’s consent/permission;

— using any information available to the user during legal or administrative proceedings by the platform operator without the user’s consent;

— to store, delete, archive or use user information in any other form, in accordance with the requirements of Georgian legislation;

— use any legal means to receive payment for services from users;

— withdrawal of unaccepted amount from the user’s bank account in the cases provided for in this agreement;

— Processing of information placed on the website by the user;

— Providing information posted on the website by the user to the court, prosecutor’s office, investigative bodies and/or government institutions in cases provided for by law;

— User profile monitoring;

— to block, delete or not allow a passenger to make a reservation if the passenger has repeatedly canceled the reservations or has not met the tour operator at the departure point.

— to seek legal protection of his rights.

4.2. The platform operator is obliged to:

— timely and proper delivery of services;

– User’s rights shall not be violated;

— not to engage in discriminatory actions;

— Not to engage in criminal activities and/or the Website shall not be used for criminal activities or to finance such activities.

4.3. The tour operator is authorized to:

— to demand the timely fulfillment of the obligations assumed by the passenger;

— in case of existence of relevant preconditions, to lodge a claim on the actions taken by the passenger;

— compensation for damages related to the guilty actions of the passenger through the court;

— to seek legal protection of his rights;

– to use all means provided by the law for compensation of damages.

4.4. The tour operator is obliged to:

— to use their account in full compliance with the requirements of these agreements and Georgian legislation;

— to provide the parties with complete and accurate information about themselves, as well as about the legal and actual condition of the vehicle;

— Fulfillment of the terms of this agreement correctly and within the set period;

– maintaining the vehicle in a technically sound condition, including winter tires and seasonally appropriate equipment;

According to the legislation of Georgia, the vehicle must undergo a mandatory technical inspection;

— Compliance with traffic laws of Georgia while driving (see https://www.matsne.gov.ge/en/document/view/2169396?publication=12) and other requirements stipulated by regulatory acts;

– not to drive under the influence of alcohol, drugs and/or psychotropic substances;

– cleanliness of the car and observance of hygiene rules;

– do not tow other cars;

– do not smoke cigarettes, cigars, cigarillos, pipes, hookahs, electronic cigarettes or other similar devices in the car;

– do not bring a pet into the vehicle, unless the tour operator expressly indicates the right to bring a pet into the vehicle on the website;

— in case of any changes in information about them, immediately, but not later than 2 calendar days, contact the platform operator

— not to disclose their account information, including account password, to third parties; Otherwise, the tour operator is responsible for any negative consequences;

— immediately provide the platform operator with information about any unauthorized person accessing their account or performing actions through their account;

— do not insult or slander the other party, do not threaten or blackmail the other party to the agreement;

— not to show discriminatory attitude towards other users;

— protecting the rights and legal interests of users and third parties;

– without the appropriate consent, not to collect, store, process and/or distribute any person’s personal data, even if they are placed in an open form on the website, except for the services provided by them and information related to the collection. The information is necessary for the conclusion of a specific contract. After the end of the service, the tour operator must delete all information about the passenger;

— not to contact users for any purpose other than providing the service;

– do not use the website for any other purpose that is not provided for in this agreement;

— not to carry out such actions that disrupt its normal functioning, prevent or overload it, or otherwise prevent the platform operator from fulfilling its obligations;

— under no circumstances enter another user’s account to bypass the rules of the website and to obtain, process, store and/or disclose information about another user;

– not to use their own account for criminal activities;

– not to engage in activities prohibited by the legislation of Georgia.

4.5. The passenger has the right to: – request the tour operator to fulfill obligations on time; — in case of the presence of relevant prerequisites, filing claims regarding the actions of the tour operator; — compensation for damages related to the guilty actions of the tour operator; – seek protection of their rights in court; – to use all means provided by the law for compensation of damages.

4.6. The passenger is obliged to:

— use of the website in full compliance with the present agreement and the requirements of Georgian legislation;

— Fulfillment of the terms of this agreement correctly and within the specified period;

— to pay the cost of services and other expenses incurred by the passenger in connection with this contract;

— to provide the parties with complete and accurate information about themselves and the number of accompanying persons;

– not to insult the other party without reason, not to threaten or blackmail the other party to the contract;

— not to show discriminatory attitude towards users;

– without appropriate consent, not to collect, store, process and/or distribute any person’s personal data, even if they are placed in an open form on the website, except for information related to the services of the tour operator;

— do not contact the tour operator for any purpose other than the provision of services;

— protecting the rights and legal interests of users and third parties;

– do not use the website for any other purpose that is not provided for in this agreement;

— not to carry out such actions that disrupt its normal functioning, prevent or overload it, or otherwise prevent the platform operator from fulfilling its obligations;

— Under no circumstances enter another user’s account to bypass the rules of the website and to obtain, process, store or disclose user information;

– not to engage in activities prohibited by the legislation of Georgia.

5. Liability of the parties

5.1. The platform operator is not a party to any agreement and is not responsible for the actions of any user. All negotiations are conducted directly between users.

5.2. The platform operator is not responsible for the accuracy of the information posted on the website.

5.3. The platform operator does not guarantee that the data provided about the user matches their actual data.

5.4. The operator of the platform is not responsible for the loss or damage of the information posted on the website, as well as for the loss of messages.

5.5. The platform operator does not guarantee the continuous and uninterrupted operation of the website.

5.6. The platform operator is not responsible for the actions performed on the user’s account, including if the account is used by an unauthorized person.

5.7. The platform operator is only liable for damage caused by intent or gross negligence.

5.8. The user is responsible for the accuracy of the information on the site.

5.9. The user is responsible for all negative consequences caused by the failure to provide any information about his account (including username and password) to a third party.

5.10. In the event that the platform operator is not immediately informed about any unauthorized person accessing his account or actions through the account, the user is fully responsible for the damage caused.

5.11. The user is responsible for any actions performed by his account.

5.12. In case of damage or non-fulfillment of obligations by the tour operator towards the platform operator or the passenger, the platform operator can impermissibly deduct the amount from the user’s account without a receipt.

5.13. Unallowable crediting of money from the user’s account by the platform operator occurs in case of another user’s claim or damage to the platform operator and/or non-fulfillment of obligations to the platform operator. The validity of the claim is checked by the platform operator and decides to satisfy the claim at its discretion.

5.14. The claimant is fully responsible for the validity of the claim. The operator of the platform is not responsible for the loss caused by an unacceptable debit of the amount.

5.15. The parties must comply with the requirements of Georgian legislation and respect each other’s rights and legitimate interests.

5.16. The user is not authorized:

— to decompile the program, engineer development analysis or otherwise attempt to obtain platform, profile or other software code;

— modify the platform operator’s website or profile in any way or use modified versions of the platform operator’s profile;

— to transmit files containing viruses, corrupted files or other applications that may damage the Platform Operator’s platform or have a negative impact on it;

— Attempting unauthorized access to the platform operator’s platform, profile or other services of the platform operator.

5.17. All copyrights and trademarks, including source code, databases, logos and visual designs, belong to the platform operator and are protected by copyright, trademark and trade secret laws, as well as international treaty provisions. By using the platform operator’s platform or other services of the platform operator, the user does not acquire ownership rights to any intellectual property of the platform operator.

6. Privacy

6.1. The parties acknowledge that information related to the performance of the terms of this Agreement is confidential. The information protected by this article may be disclosed to third parties only for the purpose of fulfilling the requirements of these agreements, legal or judicial institutions, as well as for the protection of their legitimate interests.

6.2. The terms of this Agreement shall be available only to those representatives of the parties who have direct contact with the execution of the terms of this Agreement.

6.3. The obligation of confidentiality implied by this Agreement is continuous.

7. Force majeure

7.1. The parties are exempted from responsibility for non-fulfillment or improper fulfillment of the terms of the current contract, if improper fulfillment was recognized as impossible due to force majeure circumstances, that is, in connection with extraordinary and insurmountable circumstances. Such circumstances do not include breach of obligations of the parties, lack of demand for goods in the market or lack of funds required by the parties.

7.2. The party, for whom it was determined that the obligations under the contract cannot be fulfilled, must inform the other party in writing about the said circumstances within 24 hours after their conclusion.

7.3. The notification must contain the circumstances, as well as official documents that confirm the existence of these circumstances. If the party does not send or sends the above-mentioned notice in a timely manner, it must compensate the damage caused by the other party. The existence and duration of force majeure must be confirmed by a deed or other document issued by the relevant competent authority.

7.4. In case of non-presentation and/or timely notification, one loses the right to cite the existence of force majeure as a basis for exemption from responsibility.

7.5. If the circumstances continue for more than 3 (three) calendar days, the parties shall conduct additional negotiations to agree on acceptable alternative methods of implementation of the current agreement or to terminate the current agreement before the expiration date. In case of premature termination of the current contract on the basis of this article, the parties must settle their accounts.

7.6. The passenger is also not responsible in case of flight delay or non-appearance of the passenger at the place of departure due to other objective reasons.

7.7. In the presence of the circumstances specified in clause 7.6 of this agreement, the tour operator must patiently wait for the passenger without receiving compensation, but not more than 24 hours.

8. Termination of the Agreement

8.1. This agreement can be terminated by mutual agreement of the parties.

8.2. The platform operator has the right to unilaterally delete the profile and terminate the contract with the user without prior notice if the user violates these rules/conditions or there is a suspicion that any of the conditions have been violated.

8.3. The user has the right to close his account and terminate this agreement if the platform operator changes the service or service conditions, and at the same time, the user no longer has any obligations to the passenger or the tour operator.

8.4. The customer can unilaterally terminate the contract only if he has no obligations to any party, penalty, fine or any other monetary sanction.

9. Dispute Resolution

9.1. All disputes and disagreements that may arise out of or in connection with this Agreement shall be resolved by mutual agreement of the parties.

9.2. If the parties fail to reach an agreement, the dispute regarding the complaints submitted by the passenger and the tour operator will be decided by the Tbilisi City Court on the territory of Georgia in accordance with the legislation of Georgia.

9.3. Any dispute with respect to claims submitted by the Platform Operator arising out of or in connection with these Terms, including issues relating to the existence, authenticity and termination of the Terms or the termination of the arbitration agreement, shall be submitted to the permanent arbitration center “Dispute Resolution Center”. DRC, where the place of arbitration is Tbilisi, Georgia, whose registration code is 204547348; Tbilisi, 71 Vazha-Pshavela Street, 2nd floor, office 11.

9.4. The relations arising from this agreement are regulated by the legislation of Georgia.

10. Other Terms

10.1. The parties communicate with each other using chat on the website (if available) or other means, including email, telephone, etc.

10.2. The passenger and the tour operator are not allowed to communicate with each other outside the website in order to avoid payment of the service fee or to reduce the commission.

10.3. The parties agree that they agree to receive notices electronically, by text message or by other means and agree to be bound by these Terms on the Website.

10.4. The operation performed through the mobile application is equivalent to the operation performed through the website.

10.5. The parties pay taxes and other charges independently of the platform operator and the platform operator is not obligated as a tax agent.

10.6. The user acknowledges and agrees that the platform operator reserves the right to store information about the user’s bank accounts and bank cards and debit funds from bank accounts to fulfill obligations under this agreement, regardless of whether the user has canceled the profile or deleted the published information. by the user on the site.

10.7. These terms are compiled in the Georgian language.

10.8. The invalidity of any provision of these terms shall not result in the invalidity of these terms in their entirety.

10.9. This Agreement may be unilaterally amended by the Platform Operator. Full information about changes in the contract is sent to the user both in his personal account and by e-mail.

10.10. If the user does not agree with the changes made to the agreement, he has the right to close his account and terminate this agreement after the user fully fulfills his obligations to the platform operator and other users.

10.11. If the user does not agree to the change made in the agreement, within 5 (five) days after receiving the notification, he must notify the platform operator via the website or e-mail that he does not agree changes made to the contract and terminate this contract. In this case, the user will no longer be able to make a reservation or provide services, but the changes made to the contract will not apply to him.

10.12. If the user does not submit a claim within 5 (five) days after receiving the notification, it means that they agree to the changes made to the agreement.