Transfer Search and Booking Services Offer
IT Travel LP (registration number in the UK: SL24264,41 Duke Street, EH6 8HH, Edinburgh, UK) shall make a public transfer search and booking services offer.
IT Travel LP shall provide Kiwitaxi (Кивитакси) service designed to search and book transfers as well as to manage the order. IT Travel LP shall be further referred to as “We”, “Service” or “Agent”.
We are the agent of the transporter who shall perform transfer and shall provide additional services and goods on site. Our tasks:
- to receive from you all necessary and sufficient data to perform the transfer,
- to transmit such data to the transporter, to obtain its consent to render the service,
- to inform you of the transporter’s readiness to render the service,
- to support and monitor the order execution.
By making a booking request via Kiwitaxi service, you agree with the terms and conditions of the offer and guarantee that all passengers under age of 18 travel accompanied by legal representatives.
1. Main terms and definitions
1.1. Transfer shall mean a set of services including:
- waiting for the passengers by the transporter’s representative at the agreed place until their arrival or expiry of the agreed waiting time,
- meeting the passengers,
- escorting the passengers to the vehicle, accommodating of luggage in the vehicle,
- taking passengers by vehicle to the determined point of destination.
All transfers shall be performed in motor cars of various classes, minivans, microbuses, and buses.
1.2. Transporter shall mean a transport company working in the area of rendering transfer services that has an agency agreement with us.
1.3. Additional services and goods shall mean any goods and services the transporter may provide along with or in course of the transfer. Additional goods and services may relate to the terms and condition of the meeting and the trip, configuration of the vehicle, they may represent services and goods useful for the tourist. Usually, they are paid separately but may be an integral part of the service.
1.4. Kiwitaxi Service shall mean websites kiwitaxi.com and kiwitaxi.ru, other applications, information systems, and Kiwitaxi channels allowing you to book a transfer, to obtain information and order support, to leave a feedback.
1.5. Booking request shall mean a set of data which you provide to Kiwitaxi and which are necessary and sufficient to render the service. A request shall mean a confirmation of your readiness to get a transfer service.
1.6. Voucher shall mean a document containing all essential terms and conditions of the transfer and confirming the payment of the service or specifying the payment procedure.
1.7. Order shall mean a request confirmed by both parties (you and the transporter).
2. Request execution terms
2.1. When executing a request via Kiwitaxi Service, you specify all necessary details assuming full liability for their correctness and authenticity. You shall also bear risks of non-receipt of the service under this offer (and/or receipt of an improper service) related to incomplete and incorrect information provided during the booking.
2.2. After processing your request, we may request to clarify some data. After receiving and clarifying data, we transfer the information to the transporter who takes the decision to perform the transfer under the specified conditions. A booking request shall be deemed to be an order after its acceptance by the transporter.
2.3. We accept the booking requests (taking into account any possible clarifications) at least:
- 16 hours prior the transfer for the group 1 vehicles (Micro, Economy, Comfort, Minivan 4 pax, Minibus 7 pax),
- 24 hours prior the transfer for the group 2 vehicles (Business, Premium, Premium Minibus 6 pax, Minibus 10, 13, 16, 19 pax, Shuttle).
We are entitled to decline a request received at a later date.
3. Meeting place and point of destination
3.1. Meeting place shall mean an address where the transporter’s representative is supposed to wait for the passengers. Point of destination shall mean the address to which the driver must take the passengers.
3.2. The address of the meeting place and point of destination shall be determined by the limits of the district, administrative unit or location or by information allowing to clearly define it. It may be a name of a hotel, road junction, a point on the map or scheme, coordinates, etc. All possible formats to state the meeting place and point of destination shall be determined by the Kiwitaxi service.
4. Meeting date and time
4.1. Meeting date and time shall determine when the transporter’s representative must appear at the agreed place to meet the passengers. These are local date and time of the departure point or information allowing to clearly define them. It may be the number of the flight, train, name of a ship, etc. All possible formats to state the time shall be determined by the Kiwitaxi service.
4.2. The period after the transfer start during which the transporter waits for the passengers at the meeting place without changes in the transfer cost (free waiting time) shall amount to 60 minutes for airports/ports and 15 minutes for other points of departure.
4.3. When the point of destination is an airport, port, railway station or another place the passenger needs to arrive at at a certain time, you shall calculate the date and time of the meeting individually and shall be liable for being late and possible losses related to the delay. Kiwitaxi service shall state an approximate time of the trip.
4.4. When executing a request for a transfer to an airport, we recommend to specify the starting time of the transfer taking into account the duration of the trip and a cushion time not less than 3 hours for the flight check-in.
5. Vehicle class choice
5.1. The number of passengers including children must correspond to the capacity of the chosen vehicle class. Adding a child seat or non-standard luggage may decrease the stated capacity.
5.2. You shall be individually liable for the choice of the respective child seat for the child travelling with you when executing a request.
6.1. The aggregate amount of three dimensions of standard luggage must not exceed 158 cm (63 inches).
6.2. Oversized luggage as well as sports equipment (ski, snowboards, golf bags, surfboards, bikes, etc.), baby carriages, wheelchairs, musical instruments, animal carriers, etc. shall be non-standard luggage and shall be additionally agreed, what in some cases may lead to the service cost increase.
7. Contact details
7.1. In order to clarify necessary details and to timely inform of the terms and conditions of booking and their possible changes when executing a request, we kindly ask you to specify the following details of the passenger(s):
- surname and name,
- mobile phone number,
- e-mail address,
- other data, if necessary.
8. Informing, support, and monitoring of order execution
8.1. We provide all important information related to your order by e-mail or telephone using the email address and/or telephone number stated during the booking.
8.2. All risks related to the failure to receive or untimely receipt (view) of messages as well as risks related to an unauthorised access to your e-mail and/or telephone shall be fully borne by you.
8.3. If you have any questions, you may address to Kiwitaxi support service or to the transporter’s representative using the contact details stated in the voucher.
9. Request (order) alteration
9.1. We accept any alterations to the booking request at least 24 hours prior to the transfer start.
9.2. We shall reimburse the difference if alterations made within the above period led to the order cost decrease.
9.3. You must make an additional payment if alterations made within the above period led to the order cost increase. In case of failure to effect additional payment within the timelines fixed by the point 2.3 hereof, the provisions of the section 10 hereof shall apply with regard to the refusal of the request (order) at your initiative.
10. Request (order) cancellation
10.1. You may cancel your booking with full refund of the amount paid:
- within 5 hours before the transfer for the class 1 vehicles (Micro, Economy, Comfort, Minivan 4 pax, Minibus 7 pax),
- within 24 hours before the transfer for the class 2 vehicles (Business, Premium, Premium Minibus 6 pax, Minibus 10, 13, 16, 19 pax, Shuttle).
In case of booking cancellation at a later date, we do not return the advance payment made. In case of absence of the advance payment, we shall debit the full cost of the order from your card added to the request.
10.2. We shall not be liable for cancellation, rescheduling or delay of passenger’s flights and other circumstances not depending on our actions or inactions and we shall not be able to guarantee the waiting for the passenger at the meeting place beyond the limits of the free waiting time.
10.3. If your booking contains additionally paid conditions, the timelines and procedure of your request cancellation shall be determined in the voucher or annexes thereto.
10.4. In rare cases related to the transporter’s violation of its obligation and other unforeseen extreme circumstances, we shall be entitled to cancel the booking with full refund of the amount paid.
10.5 In case of cancellation of an order with a free cancellation service purchased, the full amount is refunded, minus the cost of the free cancellation service. The return period is 10 days from the date of the cancellation notice receipt.
Our obligation to return funds shall be deemed fulfilled from the moment the funds are debited from our account in your favor or from the moment we receive your notice of order cancellation.
Further procedures and terms for receiving funds depend on the work of the servicing bank or international payment system.
11. Passenger no-show
11.1. The mobile phone of the passenger stated in the booking request must be switched on and available for incoming calls at the moment of the transfer start, during the waiting time and until the meeting of the passenger with the transporter’s representative.
11.2. If the free waiting time lapsed and the passenger failed to appear at the meeting place stated in the voucher and failed to answer the incoming telephone call from us or from the transporter, the latter shall be entitled to refuse from the performance of the transfer and to leave the meeting place. In such event, the provisions of the point 11.3 hereof shall apply.
11.3. If the transfer failed to take place due to the absence of the passenger within the stated time and place, we shall keep the cost of the order. Any losses arising due to non-receipt of the service shall not be reimbursed.
12. Transporter no-show
12.1. If the transporter fails to be present at the meeting place within the agreed time, you need to make a telephone call to the transporter and to the Kiwitaxi support service.
12.2. The period for lodging claims against the transporter no-show shall amount to fourteen calendar days since the transfer start stated in the request.
12.3. When lodging a claim against the transporter no-show, you need to confirm that you:
- were at the meeting place at the stated time;
- made a telephone call to the transporter and Kiwitaxi support service and reported the transporter no-show.
12.4. In order to confirm your presence at the meeting place, you may make your photo on the background of a clock and a hotel reception desk (if the point of departure is a hotel), on the background of a clock and an arrival & departure schedule of an airport or railway station (if the point of departure is an airport or railway station) or provide any other evidence allowing to make a firm conclusion on the passenger’s presence at the point of departure during the agreed time.
12.5. If the transporter’s no-show is established, we shall return the amount paid for the transfer in full.
12.6. Besides, if in lieu of the transfer not provided due to the transporter no-show, you had to use the services of another transporter and the cost of such transfer exceeded the cost of Kiwitaxi transfer, we shall compensate your losses in the amount of the transfers cost difference, provided that the transfer was performed:
- from the same point of departure and to the same point of destination,
- on the same date and at the same time
- by the vehicle of the same (or lower) class.
We shall reimburse such losses if all the above conditions are met and confirmed by the respective documents. Other losses shall not be reimbursed.
13.1. The Parties shall be exempted from liability for non-fulfilment or improper fulfilment of their obligations if proper fulfilment was impossible due to force-majeure circumstances, i.e. emergency and inevitable situations which could not be reasonably expected while entering into the agreement or avoided or overcome and were beyond control of the Parties. Such circumstances shall in particular include: natural disasters (earthquake, flood, hurricane), fire, mass diseases (epidemics), strikes, military actions, terroristic acts, sabotages, limitation of transportation, governmental bans, trade bans, including with particular countries, due to international sanctions and other circumstances beyond control of the parties.
13.2. The Parties shall be obliged to timely inform each other on occurrence of such force-majeure circumstances and shall confirm their occurrence by the respective document issued by a relevant authority in the procedure specified by the legislation of the country where such force-majeure circumstances take place.
13.3. Should a Party fail to observe the requirements of this section, it shall be deprived of its right to refer to force-majeure circumstances as a ground for its exemption from liability for the violation of its obligations under this offer.
14. Money refund
14.1. We shall transfer you money subject to refund according to the bank details stated by you when booking within maximum ten working days. In case the booking is paid using a banking card, the refund shall be done according to the technology of the international payment system to the same card the payment was debited from.
14.2. Our money refund obligation shall be deemed as fulfilled as soon as the money is debited from our account in your favour or as soon as the refund instruction is sent to the international payment system.
14.3. Further procedures and timelines of payment return shall depend on the work of your bank or the international payment system.
15. Claim procedure
15.1. If you are unsatisfied with the quality of the transfer search and booking service, please, send us your claim to email@example.com within fourteen calendar days past the transfer. Claims sent after expiry of the above period may be left unconsidered.
15.2. Besides, you shall be entitled to make claims and demands against the transporter providing the transportation services directly, due to the improper rendering of transportation services, including but not limited to, claim for damages to life, health, and property of the passenger.
15.3. If you do not have the necessary details of the transporter and you do not know how to find them, you may also ask us for help by sending an e-mail to firstname.lastname@example.org. We shall immediately re-address all claims sent to the above address to the transporter.
16. Other conditions
16.1. The place of contract under this offer shall be the city of Edinburgh (the United Kingdom).
16.2. The present Contract concluded under the present offer shall come into force after its conclusion and shall stay in force until the Parties fulfil the undertaken obligations in full.