Koşullar
Terms and Conditions for the Provision of Services by Electronic Means via the Website at: sharry.tr and sharry.eu
Preamble
Sharry sp. z o.o., as the owner and creator of the Platform available at https://sharry.tr/ and https://sharry.eu/ and as a mobile application, which offers the possibility of posting, browsing, comparing and exchanging information concerning offers of transport services, has drawn up these Terms and Conditions in order to set out the rules for the provision of Services by electronic means via the website and the manner of using the Platform.
Sharry is not a Carrier and does not provide transport services, nor is it a party to agreements concerning transport services concluded between Users of the Platform. The services offered on the Platform are performed by Carriers, who are obliged to comply with the law, including, in certain cases, by holding the necessary permits and licences.
Sharry has no personal or capital links with any Carrier offering transport services via the Platform. The Platform may be used only in accordance with the law, on the terms and to the extent described in the Terms and Conditions. By using the Platform, the User accepts these Terms and Conditions and the provisions contained therein and undertakes to comply with them.
§ 1 Services offered by the Platform
1.1. For Non-professional Users:
Activities related to bus rides:
- the possibility of searching for bus connections, comparing the offers of Bus Operators, booking a seat on a bus ride and exchanging information in this respect between the User and the Bus Operator
- the possibility of using services supporting the purchase of tickets by means of a solution offered by a Sharry Partner
- the possibility for Persons Seeking Transport to create Inquiries about a Ride
- the provision of additional information about the ride until the start of the journey
Activities related to Shared Rides:
- the possibility of adding, browsing and comparing listings concerning a Shared Ride and exchanging information in this respect between drivers and passengers wishing to travel to the same destination while saving money by sharing the costs of the ride,
- the possibility for Persons Seeking Transport to submit Inquiries about Shared Rides and for Drivers to respond to those Inquiries (Offers),
Activities relating to the carriage of parcels:
- the possibility of adding, browsing and comparing listings concerning Parcel Dispatch and exchanging information in this respect between drivers and senders wishing to send an item while saving money by sharing the costs of the ride,
- the possibility for Persons Seeking Transport to submit Inquiries about Parcel Dispatch and for Carriers to respond to those Inquiries (Offers),
1.2. For Professional Users:
for Bus Operators or Agents representing them:
- the possibility of adding listings concerning bus rides, their routes, timetables and prices, together with the possibility of offering seat bookings on a given ride,
- the possibility of responding to Users' Inquiries concerning bus rides
for Entrepreneurs engaged in the carriage of goods:
- the possibility of adding offers for the carriage of goods, together with the conditions of carriage and the price of such carriage,
- the possibility of responding to Inquiries from Persons Seeking Transport concerning Parcel Dispatch (carriage of goods)
1.3. For all Users:
- the possibility of creating an individual account on the platform
§ 2 Glossary of Terms
For the purposes of these Terms and Conditions, the capitalised words used in the provisions below have the following meanings:
Controller/Sharry - Sharry sp. z o.o. with its registered office in Lublin, ul. Gospodarcza 26, 20-213, Poland, Tax ID (NIP): 9462712165, REGON: 520579888, with share capital of PLN 5,000.00;
Agent – an entity acting in the name and on behalf of one or more Bus Operators, holding an appropriate power of attorney granted by the Bus Operator or a cooperation agreement with the Bus Operator. The provisions of the Terms and Conditions concerning the Bus Operator apply to the Agent.
Driver - a Non-professional User who offers other Users the possibility of being transported, or of having their Parcel sent and delivered, in exchange for a Contribution to the costs of a specific Ride, on a date specified by the Driver;
User Account – the User's individual account, which is necessary to gain access to the services offered on the Platform.
Messenger - an interactive chat built into the functionalities of the Platform.
Seat – the space in the Carrier's vehicle intended for the carriage of persons, booked by a Passenger
Sender – a Non-professional User who has submitted an inquiry concerning the carriage of a parcel or has accepted an offer for the carriage of a parcel posted by a Carrier.
Offer - an offer of a ride or of the carriage of a parcel added by a Carrier in response to an Inquiry from a Passenger or Sender.
Listing - a Listing of a Ride or of the possibility of delivering a parcel, posted on the Platform by a Carrier.
Bus Ride Listing - a listing of a Ride published by a Bus Operator on the Platform.
Shared Ride Listing - a listing of a Ride published on the Platform by a Driver.
Bus Operator - a Professional User, being a legal person or a sole trader, who holds the necessary permits and offers transport services by bus or by another similar means of land transport, e.g. a minibus.
Service Fee – a fee charged by Sharry to Users for using the Platform in the cases and on the terms set out in these Terms and Conditions
Persons Seeking Transport - a Passenger or a Sender.
Partner – Companies cooperating with Sharry on the basis of separate agreements, offering IT solutions placed on the platform that enable the purchase of a ticket.
Contribution to Ride Costs – the amount constituting the part of the costs of a ride which the Passenger or Sender is obliged to pay to the Driver for the given ride. The amount is calculated by dividing the actual costs of the ride by the number of passengers including the driver and may not exceed those expenses.
Passenger – a Non-professional User who has submitted an inquiry concerning a Shared Ride or a Bus Ride, has accepted an offer of carriage posted by a Carrier or has booked a seat. Where a User books a seat on behalf of another person, that person shall be deemed a Passenger within the meaning of these Terms and Conditions.
Platform – the website described in the introduction to these Terms and Conditions.
Transport Company – a Professional User, being a legal person or a sole trader, who holds the necessary permits and offers transport services in the field of the carriage of goods
Ride – a Shared Ride or a Bus Ride.
Bus Ride - a journey that is the subject of a Listing of a ride by bus or by another similar means of transport published by a Bus Operator on the Platform.
Shared Ride – a journey that is the subject of a Listing created by a Driver, on the basis of which the Driver agrees to carry Passengers or a Parcel in exchange for a Contribution to Ride Costs. The Passenger and the Sender may respond to this listing.
Parcel – a movable object that may be sent by a Sender.
Carrier – a Driver, a Transport Company or a Bus Operator.
Terms and Conditions – these terms and conditions.
Agreement for the Provision of Services by Electronic Means – an agreement concluded between the User and the Controller, on the basis of which the Controller provides the User with the possibility of using the content of the Platform.
Services – the services described in the Terms and Conditions, provided by Sharry to Users by electronic means within the meaning of the Act of 18 July 2002 on the Provision of Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);
Non-professional User – any other user who is not a Professional User,
User – a person who has created an account on the platform.
Professional User – a User conducting business activity consisting in the provision of transport services, their representative or an Agent representing them
Messages - text messages used for contact between Users via the messenger available on the Platform.
Inquiry – an informational listing used by a Passenger or Sender to search for Carriers' Offers.
§ 3 Browsing content
1. Sharry enables Users to use the Services it provides via the Platform, including the possibility of browsing the content presented on the Platform, publishing Listings, Inquiries and Offers and using other Services available via the Platform.
2. Browsing the offers posted on the Platform does not require registration; the available content may be browsed by anyone who meets the technical requirements described in para. 3.
3. The technical requirements for using the Platform are: an Internet connection and a suitably configured browser capable of displaying web pages, or the downloading and installation of the mobile application on a phone with the ANDROID or iOS operating system.
§ 4 Registration on the platform
4.1 Creating a User Account
1. In order to gain access to the full functionality of the Platform, consisting in the possibility of adding a listing, sending messages and booking a seat, the User must register by creating a User Account. Registration and use of the platform are voluntary and free of charge.
2. Only an adult with full legal capacity may become a User.
3. A User may register on the Platform by providing data via the Platform or by logging in via a Facebook account or a Google account. Depending on the chosen method of registration, the User must:
a) Complete the mandatory fields of the registration form,
b) or register using a Facebook account or a Google account by selecting the “Sign up / Log in with Facebook/Google” option.
c) Read and accept the Terms and Conditions of the Platform, available at https://sharry.tr/regulations and https://sharry.eu/regulations, and the Privacy Policy of the Platform, available at https://sharry.tr/privacy_policy and https://sharry.eu/privacy_policy
4. Each method of registration involves the transfer of information concerning the User: where registration takes place directly on the Platform, the User provides the necessary data by means of a form; where registration takes place via a Facebook/Google account, the User's data will be made available to the platform by Facebook/Google. Details of the use and sharing of data by the above-mentioned are set out in the privacy policy of the Platform and of the above-mentioned services.
5. When creating their Account – regardless of the method chosen – the User undertakes to provide the required true and up-to-date data and to update it subsequently in order to ensure its accuracy throughout the entire period of using the Platform. Data may be updated using the profile functionality in one's Account or by informing Sharry by e-mail, sending the information to: [email protected].
6. In order to register correctly, the User may also be asked to activate the Account, including by confirming their e-mail address or via SMS messages, in accordance with the information displayed on the Platform.
7. A User may hold only one User Account. The use of an Account that does not belong to the User is prohibited.
8. The User has the right to delete their account at any time. In order to delete the account, an e-mail containing an explicit request to delete the account must be sent to [email protected]. The message must contain the e-mail address under which the User is registered on the Platform.
9. The User is responsible for all content added by them to the Platform; this applies in particular to listings added and messages sent via the Platform. The User undertakes to add and enter content that is true, lawful, not misleading and compliant with the Terms and Conditions, the provisions of law and the principles of social coexistence.
10. Content added by Users may constitute works within the meaning of the relevant provisions on copyright and related rights. Accordingly, upon posting the content referred to in the preceding sentence on the Platform, the User grants Sharry a free-of-charge, non-exclusive licence, unlimited in territory and time, to use that work, together with the right to grant sublicences, without any time or territorial limitation.
11. In order to maximise the safety of Users, and out of concern for the quality and truthfulness of the data contained on the Platform, Sharry may implement a system for verifying the data posted by Users. This applies in particular to the phone number and e-mail address provided and the documents shared by Users
12. Sharry declares that the above process is an internal process of the platform and is carried out within the limits of the Platform's legal capabilities; accordingly, it should be borne in mind that the verification obtained does not constitute a guarantee of the truthfulness or validity of the data presented by the User.
13. The agreement for the provision of the Service consisting in maintaining an Account on the Platform is concluded for an indefinite period and is terminated when the User sends a request to delete the Account, as referred to in para. 8. Re-registering an Account after its deletion may require contacting the Controller.
14. Where a User intends to offer transport services via the Portal as part of their professional activity, they are obliged to present to Sharry documents certifying that they hold the relevant permits, by uploading a scan of the document using the Account functionality.
15. A User acting as an Agent is obliged, upon registration on the Platform, to present to Sharry documents confirming their authorisation to act on behalf of the Bus Operators they represent, by uploading a scan of the document using the Account functionality.
4.2 Verification
1. In order to ensure full transparency and trust between Users, as well as to prevent fraud, Sharry may implement a system for verifying the information posted by the User in their Account. This applies to the phone number, e-mail address and identity or company documents provided.
2. The User declares that they understand that the appearance on an Account of a label stating that the Account is “verified” means only that the specific User has successfully passed verification on the Platform and that more detailed information about them is made available to other Users. Sharry in no way guarantees the precision, reliability or timeliness of the information that is subject to the verification procedure.
§ 5 Prohibition on the use of the Platform for commercial and business purposes by Drivers
1. The carriage of Passengers and/or Parcels for remuneration is an activity regulated by law and requires appropriate permits/licences. A User who is not a Bus Operator or a professional entity providing transport services may not use the Platform for commercial purposes by organising the carriage of persons, the carriage of cargo, tourist trips, etc.
2. A User who becomes aware that any Driver or other User of the Platform is in breach of the above provision of the Terms and Conditions is obliged to inform Sharry of this fact without delay.
3. The Driver may not demand that a User contribute to expenses exceeding the actual amount of expenses incurred in connection with a specific ride, which could enable the Driver to make a profit.
4. The Driver bears sole responsibility for calculating the correct amount of the costs of a Shared Ride and is obliged to ensure that the amount paid by Passengers and Senders does not exceed the costs actually incurred (less the Driver's own share).
5. While performing a Ride, the Driver may not provide any other paid services related to the Ride to Users.
6. Where the Driver makes a profit in the course of a Shared Ride organised via the Platform, they are subject to the relevant provisions of law and may, among other things, be obliged to register a business, pay the relevant taxes and hold the necessary permits/licences. In such a case, they may not use the Platform as a Driver and must post a listing as a professional entity.
§ 6 Manner of performing the Services provided via the Platform
6.1 Maintaining a User Account
1. Sharry provides the service of maintaining a User account in accordance with the provisions set out in section 4 of these Terms and Conditions.
6.2 Adding Inquiries/Listings/Offers – general information
1. The Platform enables Users to add Listings of Shared Rides / Bus Rides / Parcel Carriage, Inquiries concerning Listings of Shared Rides, Bus Rides and Parcel Carriage, and Offers in response to Inquiries.
2. Users add Listings, Inquiries and Offers concerning Shared Rides, Bus Rides and Parcel Dispatch via the form available on the Platform.
3. The User is obliged to read the terms offered by the Carrier carefully.
4. Users are responsible for the accuracy of the data they add to the Platform. Accordingly, the User bears sole responsibility for agreeing the details of the Ride with the other User and assumes the risk of a possible cancellation or modification of the details of the Ride. Sharry is not liable for any discrepancies or misunderstandings that may arise between Users. Sharry accepts no responsibility for the data entered by the User or for any consequences that may result therefrom.
5. Sharry is not the performer, co-performer or principal of a transport service. Accordingly, it bears no liability for the actual performance of the Ride, and in particular for the Driver or Carrier including false information in their Listing or communicating it in any other way with regard to the Ride and its terms, for the cancellation or modification of the Ride by a User, for the Passenger's failure to pay the Share of Expenses, or for the conduct of Users during, before or after the Ride. The Controller of the Platform merely provides a place for the exchange of information and contacts in accordance with the Terms and Conditions of the Platform.
6. The User is obliged to read the terms offered by the Carrier carefully.
7. Sharry is not liable for the accuracy of the data provided to the Carrier by the User.
8. By adding Inquiries/Listings/Offers, Users undertake to comply with the Terms and Conditions, in particular the conditions described in section 7.
6.3 Adding a Shared Ride Listing
1. A User who is a Driver and offers a Shared Ride may add Shared Ride Listings via the Platform.
2. Only one listing may relate to a single ride; the Driver undertakes not to publish other listings for the same Shared Ride on the Platform;
3. Each Listing/Inquiry should contain: the route of the ride, the estimated departure time, the number of persons who may take part in the given Ride, the estimated amount constituting the Share of Ride Costs and the contact details of the User posting the information.
4. By adding a Ride Listing or an Offer on the Platform, the Driver undertakes to comply with all laws, regulations and codes applicable to driving vehicles, in particular to hold third-party liability insurance valid on the date of the Ride and a valid licence to drive the vehicles with which the Ride is to be performed.
5. Each Ride Listing should contain: the route of the ride, the estimated departure time, the number of persons who may take part in the given Ride, the estimated amount constituting the Share of Ride Costs and the contact details of the User posting the information.
6. A Driver may add listings concerning a Ride performed by them personally. Adding listings for rides provided by other Drivers or by third parties is prohibited.
7. A User who is a Driver sets the amount of the Contribution to Expenses independently. The use of the Platform to generate profits by Users who are not Bus Operators is strictly prohibited. Therefore, by using the Platform, the Driver undertakes to limit the amount of the Share of Expenses and may not demand from their Passengers/Senders an amount greater than the value of the costs actually incurred in connection with the Ride, after deducting the part of the costs attributable to the Driver themselves.
8. By adding a Listing, the Driver declares that they meet all the requirements and agree to all the obligations concerning Drivers described in § 7 of the Terms and Conditions.
9. The Driver undertakes to comply with the rules described in § 5.
10. Posting a Listing in the name and on behalf of another Driver is prohibited.
6.4. Adding Inquiries and Offers
1. Every User registered on the Platform has the right to add an Inquiry using the form available on the Platform.
2. An Inquiry is not binding and does not oblige the User to select an Offer submitted in response to their Inquiry. An Inquiry constitutes an invitation to submit Offers.
3. Carriers may submit Offers in response to Inquiries of their choice themselves or through their representatives, and may also forward the content of an offer to the Controller with a request that it be posted on the Carrier's behalf. When submitting an Offer in response to Inquiries, the Carrier provides the data marked as mandatory, including the price of the service.
4. Where a Carrier forwards to the Controller the information referred to in para. 3 of this point for the purpose of posting it on the Platform, the Carrier authorises Sharry to communicate the information on its behalf. Sharry is not authorised to make or accept declarations of intent concerning the ride agreement on behalf of Users.
5. Once an Offer has been submitted, the Carrier and the User who authored the Inquiry may freely contact each other via the messenger available on the Platform in order to clarify the Offer.
6. Once the User has selected an Offer, the remaining Inquiries are closed and it becomes impossible to submit new Offers concerning the given ride.
7. Once an Offer has been selected, the Carrier and the User who selected the offer gain access to each other's phone numbers for the purpose of mutual contact.
8. The Controller of the Platform declares that only the exchange of information concerning Rides and of Users' contact details takes place via the Platform. The Carrier and the Passenger perform all obligations arising from the selection of an added Offer outside the Platform.
6.5 Adding a Bus Ride Listing
1. A User who is a Bus Operator or an Agent is entitled to add a ride listing and a response to a User's inquiry (Offer) on their own. In addition, the Bus Operator may forward the above information to the Controller with a request to add a ride listing, post a timetable or post offers in response to an inquiry on its behalf.
2. By adding a Bus Ride Listing or forwarding the information referred to in point 6.5.1., the User certifies that they meet all the requirements and agree to all the obligations concerning the Bus Operator described in section 7 of the Terms and Conditions.
3. Sharry is not a party to any agreements between the Passenger and the Carrier. Bus Ride Listings are based on information supplied by Carriers. Sharry is not responsible for the accuracy of the information provided by Carriers.
4. Where a Bus Operator forwards to the Controller the information referred to in paras. 1 and 2 of this point for the purpose of posting it on the Platform, the Operator authorises Sharry to communicate the information on its behalf. Sharry is not authorised to make or accept declarations of intent concerning the ride agreement on behalf of Users.
6.6 Booking a Bus Ride
1. Via the Platform, Sharry offers a Service that enables Passengers to search for a Bus Ride and book seats on such a ride.
2. The User may use this service by clicking the relevant button on the Platform. By booking a ride, the User consents to the sharing of the data necessary for the booking (including the first and last name of the traveller and of the persons travelling with them, e-mail address and phone number). The data provided is processed in accordance with Sharry's Privacy Policy. This information is automatically transferred to the Carrier for the purpose of booking the ride.
6.7 Use of services supporting the sale of tickets
1. The Platform makes it possible to use services supporting the sale of tickets by means of a solution offered by Sharry's partners.
2. Sharry is not a party to the contract of carriage concluded; a ticket is in each case purchased on the terms and conditions specified by the Partner, which will be communicated to the User by the Partner before the contract of carriage is concluded / the ticket is purchased.
3. The Platform does not enable the direct sale or purchase of bus tickets through it. Tickets may be sold and purchased via a solution provided by a Sharry Partner or via a website indicated by the Bus Operator.
4. The website indicated by the Carrier on which a ticket can be purchased, as well as the solution provided by the Partner enabling the purchase of a ticket, are in no way connected with the Platform. Sharry is not liable for transactions carried out through them, nor does it have any influence on the information and content presented there. The terms of the contract of carriage that may be concluded after a ticket is purchased on the website or by means of the solution provided by the Partner are set by the Carriers without Sharry's involvement.
6.8 Searching for Listings
1. The Platform makes it possible to search, among the listings made available by Users, for Ride Offers/Users' Inquiries regarding the possibility of a ride/carriage of a parcel. To perform a search, the relevant data must be entered into the search engine on the Platform and the button starting the search must be pressed. In response to the data entered by the User into the search engine, the Platform presents a list of Rides/Inquiries added by Users.
§ 7 Obligations of Users
7.1 Obligations common to All Users
1. All Users are prohibited from placing in a vehicle, luggage or Parcel any items prohibited by the law of the country in which those items are collected, transported or delivered, in particular:
a) Dangerous materials or goods, articles prohibited by ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road), ADN (European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways), CONIF (Convention concerning International Carriage by Rail), IATA (International Air Transport Association) and ICAO (International Civil Aviation Organization), as well as by other competent international organisations and public administration authorities;
b) Weapons (firearms), ammunition or (explosive) materials from which they can be produced;
c) Firecrackers;
d) Illegal substances, including all narcotic drugs, intoxicants and products containing psychoactive substances;
e) Human organs and tissues, cremated human remains, corpses;
f) Animals and animal remains;
g) Prescriptions or medicines prescribed for a person other than the person to whom delivery is planned;
h) Pornography;
i) Foodstuffs and other processed products, semi-finished products and products of animal or plant origin;
j) Coins, money, postage stamps and equipment used in their production;
k) Alcoholic beverages, cigarettes and other tobacco products in quantities exceeding the permitted limits;
l) Goods subject to an embargo or sanctions;
m) Articles infringing trade marks or copyright, counterfeit articles, or articles originating from or obtained through crime.
7.2 Obligations of Drivers
1. The Driver is obliged to meet all the legal requirements imposed on them as the person driving the vehicle by the legislation applicable to the given ride, and to meet all the requirements concerning the vehicle with which the carriage will be performed that are imposed by the provisions of law applicable to the given ride.
2. The Driver is responsible for complying with the relevant provisions of law and for meeting all the requirements concerning the vehicle and its driving in the countries through which the ride takes place or the Parcel is carried.
3. The Driver is obliged to calculate all the expenses related to the Shared Ride and to ensure that the remuneration received for carrying Passengers and delivering the Parcel will cover only the expenses related to the Shared Ride and will not create conditions for making a profit.
4. The Driver acknowledges that they bear sole responsibility for the content of the Shared Ride listing published on the Platform.
5. When carrying Passengers, the Driver is also obliged to comply with the following conditions:
a) To use a vehicle in good technical condition that complies with all applicable laws and technical requirements. In addition, the vehicle should be clean on the day of the ride;
b) To arrive in person at the previously agreed meeting point. It is assumed that the driver should arrive 15 minutes before the planned departure time, unless the parties agree otherwise;
c) To notify Passengers of any changes to travel plans;
d) To observe the rules of the road strictly;
e) To carry an insurance policy providing third-party liability (OC) insurance valid in the country of carriage, to comply with its rules and requirements and to make sure that the terms of the insurance allow for the carriage of Passengers;
f) To hold a valid driving licence, valid vehicle registration and inspection documents and other necessary documents. At the Passenger's request, the Driver shall provide them with all documents for inspection;
g) Not to publish other listings for the same Shared Ride on the Platform;
h) Not to have any medical contraindications or driving bans imposed;
i) To make sure that all seats intended for Passengers are fitted with seat belts, even if seats without seat belts are permitted in the vehicle;
j) Not to offer more seats than are available in the vehicle, on the understanding that the maximum number of seats that may be specified in a listing on the Website is 5;
k) Not to accept a number of Passengers in the vehicle exceeding the number of seats available in the Shared Ride Listing.
6. The Driver is obliged to fully comply with the following conditions when transporting Parcels:
a) To check on their own the legality of carrying the given parcel through all the States through which the ride is to pass;
b) It is prohibited to collect Parcels from Senders without carefully checking their contents;
c) All customs and border control regulations must be complied with. These include, in particular, regulations concerning imports, duty-free imports of goods and tax rates.
7. Where the Driver is unable to take part in the Ride, they are obliged to inform the User of this fact without delay.
7.3 Obligations of Passengers
1. A Passenger using a Shared Ride or a Bus Ride is obliged:
a) to appear in person at the agreed meeting point and wait for the Driver for at least 15 minutes from the agreed meeting time, unless otherwise agreed in a specific case;
b) to notify the Driver of any changes to travel plans;
c) to inform the Driver in advance of the planned amount of luggage, to pack the luggage so that it does not damage the car or the luggage of other Passengers, and not to carry prohibited items in the luggage. Where the route involves crossing State borders, the Passenger is obliged to inform the Driver in advance, i.e. before the start of the Ride, of any items in the Passenger's possession that are subject to customs clearance or must undergo another procedure under applicable regulations.
2. The Passenger is obliged to complete all formalities related to the Ride (passport and visa requirements, entry requirements, customs and currency regulations, vaccination requirements and other health regulations). In order for the Ride to proceed without disruption, the user must take into account all instructions and advice given by the organisers of the Ride.
3. The Passenger undertakes to pay the Driver the Contribution to Expenses no later than when leaving the Driver's vehicle at the destination.
4. Where the User is unable to take part in the Ride, they are obliged to inform the Driver of this fact without delay.
7.4 Obligations of Senders
1. The User is fully responsible for the items placed in their luggage or in the parcel being sent. The User is obliged to comply with the provisions of law concerning the possibility of carrying specific items that are in force in all the countries through which the Journey takes place.
2. The User should appear in person at the agreed meeting point and wait for the Driver for at least 15 minutes from the agreed meeting time, unless otherwise agreed in a specific case;
3. inform the Driver in advance of the contents of the planned Parcel;
4. pack the Parcel in a manner ensuring the safety of the items carried, so that its contents can be easily checked.
7.5 Bus rides
1. All rules concerning the use of the transport service by Passengers in the case of a Bus Ride are established under the agreement between the Passenger and the Bus Operator. The rules for using these services are provided by the Bus Operator and may be posted in the Bus Ride Listing via the Platform, if a seat is booked through the Platform without the possibility of actual payment and purchase of tickets, or on the website indicated by the Carrier, if the booking and purchase of the ticket take place there.
2. The Bus Operator is obliged to meet all legal requirements and to hold all the required licences or permits needed to perform each carriage it offers via the Platform.
3. The Bus Operator is obliged to carry out carriage using vehicles that meet all the technical and legal requirements necessary to perform carriage on the route it offers.
§8. Status of the Platform
8.1 General Information
1. Sharry does not provide any transport or forwarding services. All agreements concerning Shared Rides, Bus Rides or the delivery of Parcels are concluded directly between Users of the Platform, which does not create any obligations for the Controller.
2. Sharry does not create or transmit transport orders; it allows information about an inquiry and the phone number of the Passenger/Sender to be posted on the Portal. All contracts of carriage are concluded between the Passenger/Sender and the Carrier.
3. The Platform is an online tool that enables the posting and browsing of Listings of bus rides and shared rides as well as Inquiries. Listings serve only an informational function for Users, enabling them to check the details and terms of Bus Rides and Shared Rides, as well as the details and terms of Inquiries.
4. By using the Platform and accepting these Terms and Conditions, the User accepts that Sharry is not an intermediary in relations with other Users of the Platform for the purpose of taking a Shared Ride and sharing its costs, but merely provides a technical solution facilitating contact between the interested parties.
5. The Platform does not allow contacting a Driver, adding an Inquiry or booking a Shared Ride concerning domestic transport within Poland.
6. Each Bus Operator publishing ride offers and responding to inquiries from passengers confirms that it holds all the necessary authorisations required by the provisions of law applicable to entities engaged in the carriage of persons.
7. The Carrier concludes an agreement with the Passenger/Sender. Sharry is not a party to this agreement, and the Carrier may not claim from Sharry any refunds of fees and/or any losses arising from this agreement. The Passenger/Carrier uses the Platform at their own risk; if the Passenger/Sender does not appear at the place agreed with the Carrier, Sharry does not undertake any financial liability for a breach of the agreement by the Passenger or the Carrier.
8. Agreements are concluded by Users without Sharry's involvement, outside the Platform, by means of publicly available instant messengers chosen by the Users and other communication channels. Sharry does not conclude agreements on anyone's behalf (including by telephone or by e-mail) and is not a party to agreements related to transport services concluded between Users of the Platform.
9. Sharry does not charge fees related to the Ride and is not an intermediary in the collection of such fees. All payments for the ride itself are made between the Passenger/Sender and the Carrier.
8.2 Limitation of liability of the Platform and the Controller
1. Sharry makes every effort to ensure that the data appearing on the Platform is up to date and consistent with reality; however, it is not responsible for the data entered by Users.
2. The Controller is not liable for any damage, errors or losses incurred by the User as a result of the above-mentioned shortcomings. The Controller asks the User to make contact at [email protected] if the User finds an error in the operation of the Platform.
3. The Controller is not liable for the accuracy of the data provided by Users on their Facebook accounts, their User Accounts on the Platform or in the listings they have added. The User bears personal responsibility for any consequences resulting from incorrectly completed forms or untrue information provided by Users when adding contact details or creating a listing on the Platform.
4. The User accepts that the Platform does not verify the content of Listings, and that only Users are responsible for the correctness and truthfulness of the Listings they have added.
5. The Controller does not verify vehicle registrations, their technical condition, the availability of insurance cover, etc., and therefore gives no warranties and assumes no obligation towards Users or third parties to pay compensation for damage arising from a breach of the rules governing the use of the Platform or a breach of any other provisions of law.
6. The Controller is not liable for unlawful acts by Users or for Users' compliance with the legal requirements relating to the provision or use of transport services. The User declares that they will meet the legal requirements necessary for the lawful provision or use of transport services.
7. The Controller is not liable for any problems or technical limitations of the equipment, IT systems and telecommunications infrastructure used by the User to access the Platform.
8. The Controller reserves the right to temporarily or permanently suspend the operation of specific functions or of the entire Platform, in particular due to the need for maintenance, repairs or the introduction of new functions or services, or for reasons beyond the Controller's control.
9. The Controller is not liable for any damage, errors or losses incurred by the User as a result of the above-mentioned shortcomings. The Controller asks the User to make contact at [email protected] if the User finds an error in the operation of the Platform.
10. The Controller is not liable for the accuracy of the data provided by Users on their Facebook accounts, their User Accounts on the Platform or in the listings they have added. The User bears personal responsibility for any consequences resulting from incorrectly completed forms or untrue information provided by Users when adding contact details or creating a listing on the Platform.
11. The User accepts that the Platform does not verify the content of Listings, and that only Users are responsible for the correctness and truthfulness of the Listings they have added.
12. The Carrier may post Listings at their own risk, and Passengers/Senders may express a wish to use the Carriers' services. Both parties (the Carrier and the Passenger/Sender) act at their own responsibility. Sharry is not liable in the event of the cancellation or modification of a Ride by a User.
13. The Controller is not a party to any agreement concluded between Users and therefore bears no liability for its performance.
14. The Controller reserves the right to remove a Ride Listing added by a User if its content infringes the provisions of the Platform's Terms and Conditions, applicable law or good practice.
15. The Carrier bears sole and full responsibility for the transport services. Sharry never accepts any liability connected with a transport service performed by the Carrier, nor in a situation where any act and/or omission of the Carrier has negative consequences. Any complaints regarding a Carrier's transport services should be addressed directly to the Carrier.
16. The Carrier is fully and solely responsible for the activity they carry out. The Carrier is responsible for the legality and quality of the services they provide and bears responsibility for the employees they have engaged, as well as for partners and other entities whose assistance they use in providing the services.
§ 9 Fees
9.1 Service Fee
1. Sharry charges the Carrier a Service Fee for using the Services in the cases and on the terms set out in this section of the Terms and Conditions.
2. The Service Fee may be charged to Carriers in the following cases:
a) the Carrier receives the contact details of the Passenger/Sender as part of an Offer selected by the Passenger/Sender,
b) the Bus Operator receives the contact details of the Passenger/Sender as a result of a Seat booking made in connection with a Bus Ride Listing (without the possibility of purchasing a ticket).
3. The Service Fee depends on the price of the Offer or the price for a Seat set by the Carrier.
4. Before adding an Offer in response to an Inquiry, the Carrier will be informed of the amount of the service fee that will apply if their Offer is selected by the Passenger/Sender.
5. Before adding a Bus Listing, the Bus Operator will be informed of the amount of the fee for the Seat-booking Service, should it be used by the Passenger/Sender.
6. The Service Fee is charged at the moment the Carrier is given access to the Passenger's/Sender's details.
7. Sharry reserves the right to change the method of calculating Service Fees for the Services. Such changes will not affect the amount of the Fees for Services that were performed before the date on which those changes take effect.
8. Payments are recorded in the Carrier's account.
9. At the end of each month, Sharry sends a single consolidated VAT invoice with a 7-day payment term, covering all Service Fees charged in that month, if any were charged.
10. The Platform issues the VAT invoice using the Carrier's details indicated in their Account.
11. The Carrier may pay either for each Service Fee separately or settle outstanding VAT Fees by paying for each month directly on the Platform through the Controller's settlement agent system, or by transferring funds to the Controller's bank account, if indicated on the VAT invoice.
12. If the Carrier fails to make payment on time, Sharry may charge statutory interest for each day of delay in payment, in the case of entities not conducting business activity, or statutory interest for late payment in commercial transactions, in the case of entities conducting business activity, and may issue the Carrier with a VAT invoice for the Service Fees together with the interest charged for the delay. In addition, the Controller may block the Carrier's Account for failure to settle amounts due on time.
13. Where the Controller issues a corrective VAT invoice and the Service Fee charged must be reduced, the resulting difference on the corrective invoice constitutes an overpayment. The difference arising from the corrective invoice is automatically applied towards the Carrier's other amounts due to the Controller. The Carrier has the right to request that the difference be refunded to their bank account.
14. VAT invoices and corrective invoices issued by Sharry are made available electronically in the User's account. Invoices may additionally be sent by e-mail to the User's e-mail address indicated during the User's registration.
15. The Carrier may request that the VAT invoice be issued in paper form. To do so, they should contact Sharry by e-mail.
16. Sharry may ask the Carrier to provide a certificate of tax residency in order to confirm the Carrier's tax residency in accordance with the laws of the country in which the Carrier has its registered office. If the certificate of tax residency is not provided, Sharry may also add withholding tax to the VAT invoice.
17. The Carrier may not charge the Passenger or Sender for costs that the Carrier is obliged to bear in connection with using the Platform.
18. Sharry may introduce promotions for a fixed period and reduce the amount of the Service Fee. In such a case, the amount of the Fee and the method of calculating it during the promotion will be set out in the rules of the promotion.
19. Sharry is not an intermediary in the collection of fees for the ride between the Passenger/Sender and the Carrier.
20. In the case of rides whose route passes through several States, it should be noted that the calculation of the Fees for the Service and the applicable VAT rate may differ depending on the starting point and/or the destination of the Ride.
9.2 Complaints, the complaint-handling system and refunds
1. The Carrier has the right to submit a complaint on each occasion to the e-mail address: [email protected].
2. A complaint concerning the charging of the Service Fee should be submitted by the Carrier within 30 days of the date on which it was charged.
3. A complaint concerning an issued invoice and the monthly settlement of the Service Fee must be submitted no later than within 30 days of the date on which the Carrier receives the invoice in their Account.
4. The Fee is refunded to the User's Account if the Passenger/Sender cancels the selection of their Offer or Seat booking, or fails to appear at the agreed time at the designated place. To report the situations described above, the “Passenger/Sender did not show up” option should be used. In such cases, refunds may take up to 30 days from the time Sharry verifies the report.
5. If the User wishes to resign from the services offered by Sharry via the Platform, they are required to send a message requesting the deletion of their User Account. The request should be sent to the e-mail address: [email protected]
6. If unused funds remain in the User's Account, the User is required to send a written request for the refund of the unused funds, together with the bank account details to which the above-mentioned funds should be transferred. The request should be sent to the e-mail address: [email protected] (a template of the request is provided in annex no. …). The refund is made to the bank account within 15 business days of receipt of the request.
7. The amount of the fee collected from the Carrier for orders that have been cancelled is subject to a refund. The Fee will be refunded to the Carrier within 30 days of the cancellation of the order.
§ 10 Final provisions
1. Any disputes arising in connection with the performance of these Terms and Conditions shall first be settled amicably between the User and the Controller, and any doubts that cannot be resolved in this way shall be submitted for resolution to the common court having local jurisdiction over Sharry's registered office.
2. The law applicable to obligations arising from these Terms and Conditions is Polish law
3. The rules set out in the Terms and Conditions may not conflict with generally applicable legislation, which, in the absence of agreement, takes precedence over the rules set out in the Terms and Conditions. The choice of Polish law does not, however, deprive consumers of the rights afforded to them under the mandatory provisions of the law of the country of their habitual residence.
4. The Controller has the right to amend the Terms and Conditions binding on the User. For this purpose, Sharry sp. z o.o. will provide Users affected by the changes with appropriate notice indicating the changes being introduced. The notice will state the date on which the changes take effect and will be sent electronically to the e-mail address provided during registration, no later than 15 days before the changes are introduced.
5. The amended Terms and Conditions are binding on the User if, within 15 days of the date on which they receive notice of the change, the User does not declare electronically, to the address [email protected], that they do not accept the changes introduced to the Terms and Conditions.
6. Making the declaration referred to in para. 2 is tantamount to the User expressing their wish to resign from the Services provided via the Platform. In such a case, the User's Account will be deleted.
7. The Controller has the right to make any changes relating to the operation, external appearance and functionality of the Platform without the consent of, or prior notice to, Users.
8. At the request of government agencies, the Controller has the right to disclose any available information about Users, journeys, claims, etc.
9. The website design, the trademark name and any other items of intellectual property of the Platform are protected; it is therefore prohibited to copy them or use them in any other way without the Controller's consent.
10. It is prohibited, without the Controller's written consent, to download content or data made available on the Service, to further disseminate it in any form and through any channel, or to process all or part of the content available on the Platform for a purpose other than that resulting from the access granted to the User. In particular, it is not permitted to take any action aimed at circumventing the Platform's security measures, its operation, stability or availability.
11. These Terms and Conditions have been in force since 19.10.2022.
Preamble
Sharry sp. z o.o., as the owner and creator of the Platform available at https://sharry.tr/ and https://sharry.eu/ and as a mobile application, which offers the possibility of posting, browsing, comparing and exchanging information concerning offers of transport services, has drawn up these Terms and Conditions in order to set out the rules for the provision of Services by electronic means via the website and the manner of using the Platform.
Sharry is not a Carrier and does not provide transport services, nor is it a party to agreements concerning transport services concluded between Users of the Platform. The services offered on the Platform are performed by Carriers, who are obliged to comply with the law, including, in certain cases, by holding the necessary permits and licences.
Sharry has no personal or capital links with any Carrier offering transport services via the Platform. The Platform may be used only in accordance with the law, on the terms and to the extent described in the Terms and Conditions. By using the Platform, the User accepts these Terms and Conditions and the provisions contained therein and undertakes to comply with them.
§ 1 Services offered by the Platform
1.1. For Non-professional Users:
Activities related to bus rides:
- the possibility of searching for bus connections, comparing the offers of Bus Operators, booking a seat on a bus ride and exchanging information in this respect between the User and the Bus Operator
- the possibility of using services supporting the purchase of tickets by means of a solution offered by a Sharry Partner
- the possibility for Persons Seeking Transport to create Inquiries about a Ride
- the provision of additional information about the ride until the start of the journey
Activities related to Shared Rides:
- the possibility of adding, browsing and comparing listings concerning a Shared Ride and exchanging information in this respect between drivers and passengers wishing to travel to the same destination while saving money by sharing the costs of the ride,
- the possibility for Persons Seeking Transport to submit Inquiries about Shared Rides and for Drivers to respond to those Inquiries (Offers),
Activities relating to the carriage of parcels:
- the possibility of adding, browsing and comparing listings concerning Parcel Dispatch and exchanging information in this respect between drivers and senders wishing to send an item while saving money by sharing the costs of the ride,
- the possibility for Persons Seeking Transport to submit Inquiries about Parcel Dispatch and for Carriers to respond to those Inquiries (Offers),
1.2. For Professional Users:
for Bus Operators or Agents representing them:
- the possibility of adding listings concerning bus rides, their routes, timetables and prices, together with the possibility of offering seat bookings on a given ride,
- the possibility of responding to Users' Inquiries concerning bus rides
for Entrepreneurs engaged in the carriage of goods:
- the possibility of adding offers for the carriage of goods, together with the conditions of carriage and the price of such carriage,
- the possibility of responding to Inquiries from Persons Seeking Transport concerning Parcel Dispatch (carriage of goods)
1.3. For all Users:
- the possibility of creating an individual account on the platform
§ 2 Glossary of Terms
For the purposes of these Terms and Conditions, the capitalised words used in the provisions below have the following meanings:
Controller/Sharry - Sharry sp. z o.o. with its registered office in Lublin, ul. Gospodarcza 26, 20-213, Poland, Tax ID (NIP): 9462712165, REGON: 520579888, with share capital of PLN 5,000.00;
Agent – an entity acting in the name and on behalf of one or more Bus Operators, holding an appropriate power of attorney granted by the Bus Operator or a cooperation agreement with the Bus Operator. The provisions of the Terms and Conditions concerning the Bus Operator apply to the Agent.
Driver - a Non-professional User who offers other Users the possibility of being transported, or of having their Parcel sent and delivered, in exchange for a Contribution to the costs of a specific Ride, on a date specified by the Driver;
User Account – the User's individual account, which is necessary to gain access to the services offered on the Platform.
Messenger - an interactive chat built into the functionalities of the Platform.
Seat – the space in the Carrier's vehicle intended for the carriage of persons, booked by a Passenger
Sender – a Non-professional User who has submitted an inquiry concerning the carriage of a parcel or has accepted an offer for the carriage of a parcel posted by a Carrier.
Offer - an offer of a ride or of the carriage of a parcel added by a Carrier in response to an Inquiry from a Passenger or Sender.
Listing - a Listing of a Ride or of the possibility of delivering a parcel, posted on the Platform by a Carrier.
Bus Ride Listing - a listing of a Ride published by a Bus Operator on the Platform.
Shared Ride Listing - a listing of a Ride published on the Platform by a Driver.
Bus Operator - a Professional User, being a legal person or a sole trader, who holds the necessary permits and offers transport services by bus or by another similar means of land transport, e.g. a minibus.
Service Fee – a fee charged by Sharry to Users for using the Platform in the cases and on the terms set out in these Terms and Conditions
Persons Seeking Transport - a Passenger or a Sender.
Partner – Companies cooperating with Sharry on the basis of separate agreements, offering IT solutions placed on the platform that enable the purchase of a ticket.
Contribution to Ride Costs – the amount constituting the part of the costs of a ride which the Passenger or Sender is obliged to pay to the Driver for the given ride. The amount is calculated by dividing the actual costs of the ride by the number of passengers including the driver and may not exceed those expenses.
Passenger – a Non-professional User who has submitted an inquiry concerning a Shared Ride or a Bus Ride, has accepted an offer of carriage posted by a Carrier or has booked a seat. Where a User books a seat on behalf of another person, that person shall be deemed a Passenger within the meaning of these Terms and Conditions.
Platform – the website described in the introduction to these Terms and Conditions.
Transport Company – a Professional User, being a legal person or a sole trader, who holds the necessary permits and offers transport services in the field of the carriage of goods
Ride – a Shared Ride or a Bus Ride.
Bus Ride - a journey that is the subject of a Listing of a ride by bus or by another similar means of transport published by a Bus Operator on the Platform.
Shared Ride – a journey that is the subject of a Listing created by a Driver, on the basis of which the Driver agrees to carry Passengers or a Parcel in exchange for a Contribution to Ride Costs. The Passenger and the Sender may respond to this listing.
Parcel – a movable object that may be sent by a Sender.
Carrier – a Driver, a Transport Company or a Bus Operator.
Terms and Conditions – these terms and conditions.
Agreement for the Provision of Services by Electronic Means – an agreement concluded between the User and the Controller, on the basis of which the Controller provides the User with the possibility of using the content of the Platform.
Services – the services described in the Terms and Conditions, provided by Sharry to Users by electronic means within the meaning of the Act of 18 July 2002 on the Provision of Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);
Non-professional User – any other user who is not a Professional User,
User – a person who has created an account on the platform.
Professional User – a User conducting business activity consisting in the provision of transport services, their representative or an Agent representing them
Messages - text messages used for contact between Users via the messenger available on the Platform.
Inquiry – an informational listing used by a Passenger or Sender to search for Carriers' Offers.
§ 3 Browsing content
1. Sharry enables Users to use the Services it provides via the Platform, including the possibility of browsing the content presented on the Platform, publishing Listings, Inquiries and Offers and using other Services available via the Platform.
2. Browsing the offers posted on the Platform does not require registration; the available content may be browsed by anyone who meets the technical requirements described in para. 3.
3. The technical requirements for using the Platform are: an Internet connection and a suitably configured browser capable of displaying web pages, or the downloading and installation of the mobile application on a phone with the ANDROID or iOS operating system.
§ 4 Registration on the platform
4.1 Creating a User Account
1. In order to gain access to the full functionality of the Platform, consisting in the possibility of adding a listing, sending messages and booking a seat, the User must register by creating a User Account. Registration and use of the platform are voluntary and free of charge.
2. Only an adult with full legal capacity may become a User.
3. A User may register on the Platform by providing data via the Platform or by logging in via a Facebook account or a Google account. Depending on the chosen method of registration, the User must:
a) Complete the mandatory fields of the registration form,
b) or register using a Facebook account or a Google account by selecting the “Sign up / Log in with Facebook/Google” option.
c) Read and accept the Terms and Conditions of the Platform, available at https://sharry.tr/regulations and https://sharry.eu/regulations, and the Privacy Policy of the Platform, available at https://sharry.tr/privacy_policy and https://sharry.eu/privacy_policy
4. Each method of registration involves the transfer of information concerning the User: where registration takes place directly on the Platform, the User provides the necessary data by means of a form; where registration takes place via a Facebook/Google account, the User's data will be made available to the platform by Facebook/Google. Details of the use and sharing of data by the above-mentioned are set out in the privacy policy of the Platform and of the above-mentioned services.
5. When creating their Account – regardless of the method chosen – the User undertakes to provide the required true and up-to-date data and to update it subsequently in order to ensure its accuracy throughout the entire period of using the Platform. Data may be updated using the profile functionality in one's Account or by informing Sharry by e-mail, sending the information to: [email protected].
6. In order to register correctly, the User may also be asked to activate the Account, including by confirming their e-mail address or via SMS messages, in accordance with the information displayed on the Platform.
7. A User may hold only one User Account. The use of an Account that does not belong to the User is prohibited.
8. The User has the right to delete their account at any time. In order to delete the account, an e-mail containing an explicit request to delete the account must be sent to [email protected]. The message must contain the e-mail address under which the User is registered on the Platform.
9. The User is responsible for all content added by them to the Platform; this applies in particular to listings added and messages sent via the Platform. The User undertakes to add and enter content that is true, lawful, not misleading and compliant with the Terms and Conditions, the provisions of law and the principles of social coexistence.
10. Content added by Users may constitute works within the meaning of the relevant provisions on copyright and related rights. Accordingly, upon posting the content referred to in the preceding sentence on the Platform, the User grants Sharry a free-of-charge, non-exclusive licence, unlimited in territory and time, to use that work, together with the right to grant sublicences, without any time or territorial limitation.
11. In order to maximise the safety of Users, and out of concern for the quality and truthfulness of the data contained on the Platform, Sharry may implement a system for verifying the data posted by Users. This applies in particular to the phone number and e-mail address provided and the documents shared by Users
12. Sharry declares that the above process is an internal process of the platform and is carried out within the limits of the Platform's legal capabilities; accordingly, it should be borne in mind that the verification obtained does not constitute a guarantee of the truthfulness or validity of the data presented by the User.
13. The agreement for the provision of the Service consisting in maintaining an Account on the Platform is concluded for an indefinite period and is terminated when the User sends a request to delete the Account, as referred to in para. 8. Re-registering an Account after its deletion may require contacting the Controller.
14. Where a User intends to offer transport services via the Portal as part of their professional activity, they are obliged to present to Sharry documents certifying that they hold the relevant permits, by uploading a scan of the document using the Account functionality.
15. A User acting as an Agent is obliged, upon registration on the Platform, to present to Sharry documents confirming their authorisation to act on behalf of the Bus Operators they represent, by uploading a scan of the document using the Account functionality.
4.2 Verification
1. In order to ensure full transparency and trust between Users, as well as to prevent fraud, Sharry may implement a system for verifying the information posted by the User in their Account. This applies to the phone number, e-mail address and identity or company documents provided.
2. The User declares that they understand that the appearance on an Account of a label stating that the Account is “verified” means only that the specific User has successfully passed verification on the Platform and that more detailed information about them is made available to other Users. Sharry in no way guarantees the precision, reliability or timeliness of the information that is subject to the verification procedure.
§ 5 Prohibition on the use of the Platform for commercial and business purposes by Drivers
1. The carriage of Passengers and/or Parcels for remuneration is an activity regulated by law and requires appropriate permits/licences. A User who is not a Bus Operator or a professional entity providing transport services may not use the Platform for commercial purposes by organising the carriage of persons, the carriage of cargo, tourist trips, etc.
2. A User who becomes aware that any Driver or other User of the Platform is in breach of the above provision of the Terms and Conditions is obliged to inform Sharry of this fact without delay.
3. The Driver may not demand that a User contribute to expenses exceeding the actual amount of expenses incurred in connection with a specific ride, which could enable the Driver to make a profit.
4. The Driver bears sole responsibility for calculating the correct amount of the costs of a Shared Ride and is obliged to ensure that the amount paid by Passengers and Senders does not exceed the costs actually incurred (less the Driver's own share).
5. While performing a Ride, the Driver may not provide any other paid services related to the Ride to Users.
6. Where the Driver makes a profit in the course of a Shared Ride organised via the Platform, they are subject to the relevant provisions of law and may, among other things, be obliged to register a business, pay the relevant taxes and hold the necessary permits/licences. In such a case, they may not use the Platform as a Driver and must post a listing as a professional entity.
§ 6 Manner of performing the Services provided via the Platform
6.1 Maintaining a User Account
1. Sharry provides the service of maintaining a User account in accordance with the provisions set out in section 4 of these Terms and Conditions.
6.2 Adding Inquiries/Listings/Offers – general information
1. The Platform enables Users to add Listings of Shared Rides / Bus Rides / Parcel Carriage, Inquiries concerning Listings of Shared Rides, Bus Rides and Parcel Carriage, and Offers in response to Inquiries.
2. Users add Listings, Inquiries and Offers concerning Shared Rides, Bus Rides and Parcel Dispatch via the form available on the Platform.
3. The User is obliged to read the terms offered by the Carrier carefully.
4. Users are responsible for the accuracy of the data they add to the Platform. Accordingly, the User bears sole responsibility for agreeing the details of the Ride with the other User and assumes the risk of a possible cancellation or modification of the details of the Ride. Sharry is not liable for any discrepancies or misunderstandings that may arise between Users. Sharry accepts no responsibility for the data entered by the User or for any consequences that may result therefrom.
5. Sharry is not the performer, co-performer or principal of a transport service. Accordingly, it bears no liability for the actual performance of the Ride, and in particular for the Driver or Carrier including false information in their Listing or communicating it in any other way with regard to the Ride and its terms, for the cancellation or modification of the Ride by a User, for the Passenger's failure to pay the Share of Expenses, or for the conduct of Users during, before or after the Ride. The Controller of the Platform merely provides a place for the exchange of information and contacts in accordance with the Terms and Conditions of the Platform.
6. The User is obliged to read the terms offered by the Carrier carefully.
7. Sharry is not liable for the accuracy of the data provided to the Carrier by the User.
8. By adding Inquiries/Listings/Offers, Users undertake to comply with the Terms and Conditions, in particular the conditions described in section 7.
6.3 Adding a Shared Ride Listing
1. A User who is a Driver and offers a Shared Ride may add Shared Ride Listings via the Platform.
2. Only one listing may relate to a single ride; the Driver undertakes not to publish other listings for the same Shared Ride on the Platform;
3. Each Listing/Inquiry should contain: the route of the ride, the estimated departure time, the number of persons who may take part in the given Ride, the estimated amount constituting the Share of Ride Costs and the contact details of the User posting the information.
4. By adding a Ride Listing or an Offer on the Platform, the Driver undertakes to comply with all laws, regulations and codes applicable to driving vehicles, in particular to hold third-party liability insurance valid on the date of the Ride and a valid licence to drive the vehicles with which the Ride is to be performed.
5. Each Ride Listing should contain: the route of the ride, the estimated departure time, the number of persons who may take part in the given Ride, the estimated amount constituting the Share of Ride Costs and the contact details of the User posting the information.
6. A Driver may add listings concerning a Ride performed by them personally. Adding listings for rides provided by other Drivers or by third parties is prohibited.
7. A User who is a Driver sets the amount of the Contribution to Expenses independently. The use of the Platform to generate profits by Users who are not Bus Operators is strictly prohibited. Therefore, by using the Platform, the Driver undertakes to limit the amount of the Share of Expenses and may not demand from their Passengers/Senders an amount greater than the value of the costs actually incurred in connection with the Ride, after deducting the part of the costs attributable to the Driver themselves.
8. By adding a Listing, the Driver declares that they meet all the requirements and agree to all the obligations concerning Drivers described in § 7 of the Terms and Conditions.
9. The Driver undertakes to comply with the rules described in § 5.
10. Posting a Listing in the name and on behalf of another Driver is prohibited.
6.4. Adding Inquiries and Offers
1. Every User registered on the Platform has the right to add an Inquiry using the form available on the Platform.
2. An Inquiry is not binding and does not oblige the User to select an Offer submitted in response to their Inquiry. An Inquiry constitutes an invitation to submit Offers.
3. Carriers may submit Offers in response to Inquiries of their choice themselves or through their representatives, and may also forward the content of an offer to the Controller with a request that it be posted on the Carrier's behalf. When submitting an Offer in response to Inquiries, the Carrier provides the data marked as mandatory, including the price of the service.
4. Where a Carrier forwards to the Controller the information referred to in para. 3 of this point for the purpose of posting it on the Platform, the Carrier authorises Sharry to communicate the information on its behalf. Sharry is not authorised to make or accept declarations of intent concerning the ride agreement on behalf of Users.
5. Once an Offer has been submitted, the Carrier and the User who authored the Inquiry may freely contact each other via the messenger available on the Platform in order to clarify the Offer.
6. Once the User has selected an Offer, the remaining Inquiries are closed and it becomes impossible to submit new Offers concerning the given ride.
7. Once an Offer has been selected, the Carrier and the User who selected the offer gain access to each other's phone numbers for the purpose of mutual contact.
8. The Controller of the Platform declares that only the exchange of information concerning Rides and of Users' contact details takes place via the Platform. The Carrier and the Passenger perform all obligations arising from the selection of an added Offer outside the Platform.
6.5 Adding a Bus Ride Listing
1. A User who is a Bus Operator or an Agent is entitled to add a ride listing and a response to a User's inquiry (Offer) on their own. In addition, the Bus Operator may forward the above information to the Controller with a request to add a ride listing, post a timetable or post offers in response to an inquiry on its behalf.
2. By adding a Bus Ride Listing or forwarding the information referred to in point 6.5.1., the User certifies that they meet all the requirements and agree to all the obligations concerning the Bus Operator described in section 7 of the Terms and Conditions.
3. Sharry is not a party to any agreements between the Passenger and the Carrier. Bus Ride Listings are based on information supplied by Carriers. Sharry is not responsible for the accuracy of the information provided by Carriers.
4. Where a Bus Operator forwards to the Controller the information referred to in paras. 1 and 2 of this point for the purpose of posting it on the Platform, the Operator authorises Sharry to communicate the information on its behalf. Sharry is not authorised to make or accept declarations of intent concerning the ride agreement on behalf of Users.
6.6 Booking a Bus Ride
1. Via the Platform, Sharry offers a Service that enables Passengers to search for a Bus Ride and book seats on such a ride.
2. The User may use this service by clicking the relevant button on the Platform. By booking a ride, the User consents to the sharing of the data necessary for the booking (including the first and last name of the traveller and of the persons travelling with them, e-mail address and phone number). The data provided is processed in accordance with Sharry's Privacy Policy. This information is automatically transferred to the Carrier for the purpose of booking the ride.
6.7 Use of services supporting the sale of tickets
1. The Platform makes it possible to use services supporting the sale of tickets by means of a solution offered by Sharry's partners.
2. Sharry is not a party to the contract of carriage concluded; a ticket is in each case purchased on the terms and conditions specified by the Partner, which will be communicated to the User by the Partner before the contract of carriage is concluded / the ticket is purchased.
3. The Platform does not enable the direct sale or purchase of bus tickets through it. Tickets may be sold and purchased via a solution provided by a Sharry Partner or via a website indicated by the Bus Operator.
4. The website indicated by the Carrier on which a ticket can be purchased, as well as the solution provided by the Partner enabling the purchase of a ticket, are in no way connected with the Platform. Sharry is not liable for transactions carried out through them, nor does it have any influence on the information and content presented there. The terms of the contract of carriage that may be concluded after a ticket is purchased on the website or by means of the solution provided by the Partner are set by the Carriers without Sharry's involvement.
6.8 Searching for Listings
1. The Platform makes it possible to search, among the listings made available by Users, for Ride Offers/Users' Inquiries regarding the possibility of a ride/carriage of a parcel. To perform a search, the relevant data must be entered into the search engine on the Platform and the button starting the search must be pressed. In response to the data entered by the User into the search engine, the Platform presents a list of Rides/Inquiries added by Users.
§ 7 Obligations of Users
7.1 Obligations common to All Users
1. All Users are prohibited from placing in a vehicle, luggage or Parcel any items prohibited by the law of the country in which those items are collected, transported or delivered, in particular:
a) Dangerous materials or goods, articles prohibited by ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road), ADN (European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways), CONIF (Convention concerning International Carriage by Rail), IATA (International Air Transport Association) and ICAO (International Civil Aviation Organization), as well as by other competent international organisations and public administration authorities;
b) Weapons (firearms), ammunition or (explosive) materials from which they can be produced;
c) Firecrackers;
d) Illegal substances, including all narcotic drugs, intoxicants and products containing psychoactive substances;
e) Human organs and tissues, cremated human remains, corpses;
f) Animals and animal remains;
g) Prescriptions or medicines prescribed for a person other than the person to whom delivery is planned;
h) Pornography;
i) Foodstuffs and other processed products, semi-finished products and products of animal or plant origin;
j) Coins, money, postage stamps and equipment used in their production;
k) Alcoholic beverages, cigarettes and other tobacco products in quantities exceeding the permitted limits;
l) Goods subject to an embargo or sanctions;
m) Articles infringing trade marks or copyright, counterfeit articles, or articles originating from or obtained through crime.
7.2 Obligations of Drivers
1. The Driver is obliged to meet all the legal requirements imposed on them as the person driving the vehicle by the legislation applicable to the given ride, and to meet all the requirements concerning the vehicle with which the carriage will be performed that are imposed by the provisions of law applicable to the given ride.
2. The Driver is responsible for complying with the relevant provisions of law and for meeting all the requirements concerning the vehicle and its driving in the countries through which the ride takes place or the Parcel is carried.
3. The Driver is obliged to calculate all the expenses related to the Shared Ride and to ensure that the remuneration received for carrying Passengers and delivering the Parcel will cover only the expenses related to the Shared Ride and will not create conditions for making a profit.
4. The Driver acknowledges that they bear sole responsibility for the content of the Shared Ride listing published on the Platform.
5. When carrying Passengers, the Driver is also obliged to comply with the following conditions:
a) To use a vehicle in good technical condition that complies with all applicable laws and technical requirements. In addition, the vehicle should be clean on the day of the ride;
b) To arrive in person at the previously agreed meeting point. It is assumed that the driver should arrive 15 minutes before the planned departure time, unless the parties agree otherwise;
c) To notify Passengers of any changes to travel plans;
d) To observe the rules of the road strictly;
e) To carry an insurance policy providing third-party liability (OC) insurance valid in the country of carriage, to comply with its rules and requirements and to make sure that the terms of the insurance allow for the carriage of Passengers;
f) To hold a valid driving licence, valid vehicle registration and inspection documents and other necessary documents. At the Passenger's request, the Driver shall provide them with all documents for inspection;
g) Not to publish other listings for the same Shared Ride on the Platform;
h) Not to have any medical contraindications or driving bans imposed;
i) To make sure that all seats intended for Passengers are fitted with seat belts, even if seats without seat belts are permitted in the vehicle;
j) Not to offer more seats than are available in the vehicle, on the understanding that the maximum number of seats that may be specified in a listing on the Website is 5;
k) Not to accept a number of Passengers in the vehicle exceeding the number of seats available in the Shared Ride Listing.
6. The Driver is obliged to fully comply with the following conditions when transporting Parcels:
a) To check on their own the legality of carrying the given parcel through all the States through which the ride is to pass;
b) It is prohibited to collect Parcels from Senders without carefully checking their contents;
c) All customs and border control regulations must be complied with. These include, in particular, regulations concerning imports, duty-free imports of goods and tax rates.
7. Where the Driver is unable to take part in the Ride, they are obliged to inform the User of this fact without delay.
7.3 Obligations of Passengers
1. A Passenger using a Shared Ride or a Bus Ride is obliged:
a) to appear in person at the agreed meeting point and wait for the Driver for at least 15 minutes from the agreed meeting time, unless otherwise agreed in a specific case;
b) to notify the Driver of any changes to travel plans;
c) to inform the Driver in advance of the planned amount of luggage, to pack the luggage so that it does not damage the car or the luggage of other Passengers, and not to carry prohibited items in the luggage. Where the route involves crossing State borders, the Passenger is obliged to inform the Driver in advance, i.e. before the start of the Ride, of any items in the Passenger's possession that are subject to customs clearance or must undergo another procedure under applicable regulations.
2. The Passenger is obliged to complete all formalities related to the Ride (passport and visa requirements, entry requirements, customs and currency regulations, vaccination requirements and other health regulations). In order for the Ride to proceed without disruption, the user must take into account all instructions and advice given by the organisers of the Ride.
3. The Passenger undertakes to pay the Driver the Contribution to Expenses no later than when leaving the Driver's vehicle at the destination.
4. Where the User is unable to take part in the Ride, they are obliged to inform the Driver of this fact without delay.
7.4 Obligations of Senders
1. The User is fully responsible for the items placed in their luggage or in the parcel being sent. The User is obliged to comply with the provisions of law concerning the possibility of carrying specific items that are in force in all the countries through which the Journey takes place.
2. The User should appear in person at the agreed meeting point and wait for the Driver for at least 15 minutes from the agreed meeting time, unless otherwise agreed in a specific case;
3. inform the Driver in advance of the contents of the planned Parcel;
4. pack the Parcel in a manner ensuring the safety of the items carried, so that its contents can be easily checked.
7.5 Bus rides
1. All rules concerning the use of the transport service by Passengers in the case of a Bus Ride are established under the agreement between the Passenger and the Bus Operator. The rules for using these services are provided by the Bus Operator and may be posted in the Bus Ride Listing via the Platform, if a seat is booked through the Platform without the possibility of actual payment and purchase of tickets, or on the website indicated by the Carrier, if the booking and purchase of the ticket take place there.
2. The Bus Operator is obliged to meet all legal requirements and to hold all the required licences or permits needed to perform each carriage it offers via the Platform.
3. The Bus Operator is obliged to carry out carriage using vehicles that meet all the technical and legal requirements necessary to perform carriage on the route it offers.
§8. Status of the Platform
8.1 General Information
1. Sharry does not provide any transport or forwarding services. All agreements concerning Shared Rides, Bus Rides or the delivery of Parcels are concluded directly between Users of the Platform, which does not create any obligations for the Controller.
2. Sharry does not create or transmit transport orders; it allows information about an inquiry and the phone number of the Passenger/Sender to be posted on the Portal. All contracts of carriage are concluded between the Passenger/Sender and the Carrier.
3. The Platform is an online tool that enables the posting and browsing of Listings of bus rides and shared rides as well as Inquiries. Listings serve only an informational function for Users, enabling them to check the details and terms of Bus Rides and Shared Rides, as well as the details and terms of Inquiries.
4. By using the Platform and accepting these Terms and Conditions, the User accepts that Sharry is not an intermediary in relations with other Users of the Platform for the purpose of taking a Shared Ride and sharing its costs, but merely provides a technical solution facilitating contact between the interested parties.
5. The Platform does not allow contacting a Driver, adding an Inquiry or booking a Shared Ride concerning domestic transport within Poland.
6. Each Bus Operator publishing ride offers and responding to inquiries from passengers confirms that it holds all the necessary authorisations required by the provisions of law applicable to entities engaged in the carriage of persons.
7. The Carrier concludes an agreement with the Passenger/Sender. Sharry is not a party to this agreement, and the Carrier may not claim from Sharry any refunds of fees and/or any losses arising from this agreement. The Passenger/Carrier uses the Platform at their own risk; if the Passenger/Sender does not appear at the place agreed with the Carrier, Sharry does not undertake any financial liability for a breach of the agreement by the Passenger or the Carrier.
8. Agreements are concluded by Users without Sharry's involvement, outside the Platform, by means of publicly available instant messengers chosen by the Users and other communication channels. Sharry does not conclude agreements on anyone's behalf (including by telephone or by e-mail) and is not a party to agreements related to transport services concluded between Users of the Platform.
9. Sharry does not charge fees related to the Ride and is not an intermediary in the collection of such fees. All payments for the ride itself are made between the Passenger/Sender and the Carrier.
8.2 Limitation of liability of the Platform and the Controller
1. Sharry makes every effort to ensure that the data appearing on the Platform is up to date and consistent with reality; however, it is not responsible for the data entered by Users.
2. The Controller is not liable for any damage, errors or losses incurred by the User as a result of the above-mentioned shortcomings. The Controller asks the User to make contact at [email protected] if the User finds an error in the operation of the Platform.
3. The Controller is not liable for the accuracy of the data provided by Users on their Facebook accounts, their User Accounts on the Platform or in the listings they have added. The User bears personal responsibility for any consequences resulting from incorrectly completed forms or untrue information provided by Users when adding contact details or creating a listing on the Platform.
4. The User accepts that the Platform does not verify the content of Listings, and that only Users are responsible for the correctness and truthfulness of the Listings they have added.
5. The Controller does not verify vehicle registrations, their technical condition, the availability of insurance cover, etc., and therefore gives no warranties and assumes no obligation towards Users or third parties to pay compensation for damage arising from a breach of the rules governing the use of the Platform or a breach of any other provisions of law.
6. The Controller is not liable for unlawful acts by Users or for Users' compliance with the legal requirements relating to the provision or use of transport services. The User declares that they will meet the legal requirements necessary for the lawful provision or use of transport services.
7. The Controller is not liable for any problems or technical limitations of the equipment, IT systems and telecommunications infrastructure used by the User to access the Platform.
8. The Controller reserves the right to temporarily or permanently suspend the operation of specific functions or of the entire Platform, in particular due to the need for maintenance, repairs or the introduction of new functions or services, or for reasons beyond the Controller's control.
9. The Controller is not liable for any damage, errors or losses incurred by the User as a result of the above-mentioned shortcomings. The Controller asks the User to make contact at [email protected] if the User finds an error in the operation of the Platform.
10. The Controller is not liable for the accuracy of the data provided by Users on their Facebook accounts, their User Accounts on the Platform or in the listings they have added. The User bears personal responsibility for any consequences resulting from incorrectly completed forms or untrue information provided by Users when adding contact details or creating a listing on the Platform.
11. The User accepts that the Platform does not verify the content of Listings, and that only Users are responsible for the correctness and truthfulness of the Listings they have added.
12. The Carrier may post Listings at their own risk, and Passengers/Senders may express a wish to use the Carriers' services. Both parties (the Carrier and the Passenger/Sender) act at their own responsibility. Sharry is not liable in the event of the cancellation or modification of a Ride by a User.
13. The Controller is not a party to any agreement concluded between Users and therefore bears no liability for its performance.
14. The Controller reserves the right to remove a Ride Listing added by a User if its content infringes the provisions of the Platform's Terms and Conditions, applicable law or good practice.
15. The Carrier bears sole and full responsibility for the transport services. Sharry never accepts any liability connected with a transport service performed by the Carrier, nor in a situation where any act and/or omission of the Carrier has negative consequences. Any complaints regarding a Carrier's transport services should be addressed directly to the Carrier.
16. The Carrier is fully and solely responsible for the activity they carry out. The Carrier is responsible for the legality and quality of the services they provide and bears responsibility for the employees they have engaged, as well as for partners and other entities whose assistance they use in providing the services.
§ 9 Fees
9.1 Service Fee
1. Sharry charges the Carrier a Service Fee for using the Services in the cases and on the terms set out in this section of the Terms and Conditions.
2. The Service Fee may be charged to Carriers in the following cases:
a) the Carrier receives the contact details of the Passenger/Sender as part of an Offer selected by the Passenger/Sender,
b) the Bus Operator receives the contact details of the Passenger/Sender as a result of a Seat booking made in connection with a Bus Ride Listing (without the possibility of purchasing a ticket).
3. The Service Fee depends on the price of the Offer or the price for a Seat set by the Carrier.
4. Before adding an Offer in response to an Inquiry, the Carrier will be informed of the amount of the service fee that will apply if their Offer is selected by the Passenger/Sender.
5. Before adding a Bus Listing, the Bus Operator will be informed of the amount of the fee for the Seat-booking Service, should it be used by the Passenger/Sender.
6. The Service Fee is charged at the moment the Carrier is given access to the Passenger's/Sender's details.
7. Sharry reserves the right to change the method of calculating Service Fees for the Services. Such changes will not affect the amount of the Fees for Services that were performed before the date on which those changes take effect.
8. Payments are recorded in the Carrier's account.
9. At the end of each month, Sharry sends a single consolidated VAT invoice with a 7-day payment term, covering all Service Fees charged in that month, if any were charged.
10. The Platform issues the VAT invoice using the Carrier's details indicated in their Account.
11. The Carrier may pay either for each Service Fee separately or settle outstanding VAT Fees by paying for each month directly on the Platform through the Controller's settlement agent system, or by transferring funds to the Controller's bank account, if indicated on the VAT invoice.
12. If the Carrier fails to make payment on time, Sharry may charge statutory interest for each day of delay in payment, in the case of entities not conducting business activity, or statutory interest for late payment in commercial transactions, in the case of entities conducting business activity, and may issue the Carrier with a VAT invoice for the Service Fees together with the interest charged for the delay. In addition, the Controller may block the Carrier's Account for failure to settle amounts due on time.
13. Where the Controller issues a corrective VAT invoice and the Service Fee charged must be reduced, the resulting difference on the corrective invoice constitutes an overpayment. The difference arising from the corrective invoice is automatically applied towards the Carrier's other amounts due to the Controller. The Carrier has the right to request that the difference be refunded to their bank account.
14. VAT invoices and corrective invoices issued by Sharry are made available electronically in the User's account. Invoices may additionally be sent by e-mail to the User's e-mail address indicated during the User's registration.
15. The Carrier may request that the VAT invoice be issued in paper form. To do so, they should contact Sharry by e-mail.
16. Sharry may ask the Carrier to provide a certificate of tax residency in order to confirm the Carrier's tax residency in accordance with the laws of the country in which the Carrier has its registered office. If the certificate of tax residency is not provided, Sharry may also add withholding tax to the VAT invoice.
17. The Carrier may not charge the Passenger or Sender for costs that the Carrier is obliged to bear in connection with using the Platform.
18. Sharry may introduce promotions for a fixed period and reduce the amount of the Service Fee. In such a case, the amount of the Fee and the method of calculating it during the promotion will be set out in the rules of the promotion.
19. Sharry is not an intermediary in the collection of fees for the ride between the Passenger/Sender and the Carrier.
20. In the case of rides whose route passes through several States, it should be noted that the calculation of the Fees for the Service and the applicable VAT rate may differ depending on the starting point and/or the destination of the Ride.
9.2 Complaints, the complaint-handling system and refunds
1. The Carrier has the right to submit a complaint on each occasion to the e-mail address: [email protected].
2. A complaint concerning the charging of the Service Fee should be submitted by the Carrier within 30 days of the date on which it was charged.
3. A complaint concerning an issued invoice and the monthly settlement of the Service Fee must be submitted no later than within 30 days of the date on which the Carrier receives the invoice in their Account.
4. The Fee is refunded to the User's Account if the Passenger/Sender cancels the selection of their Offer or Seat booking, or fails to appear at the agreed time at the designated place. To report the situations described above, the “Passenger/Sender did not show up” option should be used. In such cases, refunds may take up to 30 days from the time Sharry verifies the report.
5. If the User wishes to resign from the services offered by Sharry via the Platform, they are required to send a message requesting the deletion of their User Account. The request should be sent to the e-mail address: [email protected]
6. If unused funds remain in the User's Account, the User is required to send a written request for the refund of the unused funds, together with the bank account details to which the above-mentioned funds should be transferred. The request should be sent to the e-mail address: [email protected] (a template of the request is provided in annex no. …). The refund is made to the bank account within 15 business days of receipt of the request.
7. The amount of the fee collected from the Carrier for orders that have been cancelled is subject to a refund. The Fee will be refunded to the Carrier within 30 days of the cancellation of the order.
§ 10 Final provisions
1. Any disputes arising in connection with the performance of these Terms and Conditions shall first be settled amicably between the User and the Controller, and any doubts that cannot be resolved in this way shall be submitted for resolution to the common court having local jurisdiction over Sharry's registered office.
2. The law applicable to obligations arising from these Terms and Conditions is Polish law
3. The rules set out in the Terms and Conditions may not conflict with generally applicable legislation, which, in the absence of agreement, takes precedence over the rules set out in the Terms and Conditions. The choice of Polish law does not, however, deprive consumers of the rights afforded to them under the mandatory provisions of the law of the country of their habitual residence.
4. The Controller has the right to amend the Terms and Conditions binding on the User. For this purpose, Sharry sp. z o.o. will provide Users affected by the changes with appropriate notice indicating the changes being introduced. The notice will state the date on which the changes take effect and will be sent electronically to the e-mail address provided during registration, no later than 15 days before the changes are introduced.
5. The amended Terms and Conditions are binding on the User if, within 15 days of the date on which they receive notice of the change, the User does not declare electronically, to the address [email protected], that they do not accept the changes introduced to the Terms and Conditions.
6. Making the declaration referred to in para. 2 is tantamount to the User expressing their wish to resign from the Services provided via the Platform. In such a case, the User's Account will be deleted.
7. The Controller has the right to make any changes relating to the operation, external appearance and functionality of the Platform without the consent of, or prior notice to, Users.
8. At the request of government agencies, the Controller has the right to disclose any available information about Users, journeys, claims, etc.
9. The website design, the trademark name and any other items of intellectual property of the Platform are protected; it is therefore prohibited to copy them or use them in any other way without the Controller's consent.
10. It is prohibited, without the Controller's written consent, to download content or data made available on the Service, to further disseminate it in any form and through any channel, or to process all or part of the content available on the Platform for a purpose other than that resulting from the access granted to the User. In particular, it is not permitted to take any action aimed at circumventing the Platform's security measures, its operation, stability or availability.
11. These Terms and Conditions have been in force since 19.10.2022.
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