General Rules of Transfer Service
Terms and definitions
KiwiTaxi — IT Travel LP with its principal office at Duke Str. 41 Edinburgh UK, EH6 8HH;
The Customer means an individual person or a legal entity, who reserves transfer services using KiwiTaxi service.
Passengers mean individual persons for whom the Customer makes reservation of transfer services.
The Carrier means the company, which carries out the passenger transportation.
The Service Level Agreement is an integral part of these Rules and agreements for transfer services arrangement, determining parameters of services rendering.
Reservation confirmation is the document issued by KiwiTaxi, which contains the order date and number, as well as transfer service details.
1. General provisions
1.1. These Rules establish the general procedure of reservation and services rendering under agreements for transfer services arrangement. The Service Level Agreement placed on KiwiTaxi web site and/or in reservation system is an integral part of these Rules.
1.2. Provisions of agreements, arrangements and appendices thereto, as well as the Level of Services Presentation may stipulate the terms and conditions other than those stipulated hereof, in such case the terms and conditions of agreements, arrangements and the Service Level Agreement shall be applied to the extent they anticipate emergence of additional rights of KiwiTaxi and additional obligations of the Customer and simultaneously do not aggravate the position of KiwiTaxi as compared to these Rules.
1.3. The Customer’s performance of any actions in fulfillment of obligations (including without limitation to the following: entry the Personal Account, creation of a new order, any actions in fulfillment of the current Order, payment of services, use of carrier’s services) shall mean the Customer’s consent with the version of the Rules and the Level of Services Presentation being in effect on the date the Customer performs a relevant action. A written form of the agreement is considered as upheld in compliance with the law of the United Kingdom from the date the Customer performs the actions specified in this clause.
1.4. KiwiTaxi shall render the following services: selection of the carrier for the Customer’s order; reservation of the carrier’s motor vehicles (preliminary order) for the Customer; coordination with the carrier of the transfer route from the point of departure to the destination point specified in the Order.
1.5. The transportation service is provided to the Customer by the carriers (including the taxi services satisfying the requirements set for taxi services). KiwiTaxi shall not be liable for the carriers’ fulfillment of obligations to the passengers or shall not be liable for any damage or harm inflicted by carriers.
1.6. Conditions and procedure of passenger carriage by road transport, as well as requirements applicable to the carrier and (or) road transport are defined by the law of the country, where the passenger carriage service is rendered in accordance with the conditions of the Rules. Claims related to inadequate quality of the rendered service of passenger carriage by road transport, including damages claims for harm inflicted to life, health, property of passengers shall be filed to the carrier in accordance with the procedure established by law.
2. Services reservation procedure
2.1. To make services reservation, the Customer shall specify the price for services, reservation and cancellation conditions, and other information of KiwiTaxi web-site. By services reservation (order sending) the Customer confirms that he/ she is aware of the prices for services, cancellation conditions and other conditions in effect on the date of reservation (order sending).
2.2. The Customer shall sent orders via e-mail and (or) using the reservation form on KiwiTaxi web-site and (or) using the Personal Account on KiwiTaxi web-site, or using other methods established by KiwiTaxi.
2.3. For authorization of the Customer’s employees in the KiwiTaxi Personal Account, the Customer shall send to KiwiTaxi e-mail address the list of employees authorized to make reservations in the Personal Account, indicating the following data: full name, position (indicating the department, division, office, etc.), contact phone number (office and mobile), e-mail address. The authorized employee of the Customer is assigned with login and password to access the Personal Account. The Customer shall not transfer the information on login and password to the third parties and shall single-handedly monitor maintenance of the specified information confidentiality. The Customer shall bear all risks related to transmission of the information on login and password to the third parties. Should the Customer lose the login and password for access the Personal Account, the Customer shall immediately inform KiwiTaxi thereof and change login and password in the Personal Account interface. The Customer shall enter the Personal Account using own login and password. All Orders received by KiwiTaxi through the Customer’s Personal Account of the Customer on KiwiTaxi web-site shall be deemed to be received from the Customer.
2.4. The Reservation Order from the Customer shall contain the following data:
- indication of transfer service tariff, based on tariff rates published on KiwiTaxi web-site;
- addresses of the point of departure and the point destination when identifying the transfer route. The address of the departure / destination point shall mean the exact address of the facility (address of a hotel or another building, structure, etc.) where passengers shall be met or to which passengers shall be taken during transfer. Herewith, the Customer shall observe the following conditions:
when traveling from/to the airport in addition to other information stipulated by these Rules (including addresses of the departure/ destination point) it is necessary to indicate the name of a relevant airport by selecting from the list on KiwiTaxi web-site and the flight number with its letter part. When the Customer selects an airport from the list on KiwiTaxi web-site as the departure/ destination point, the Customer shall not indicate other addresses as departure/ destination points. Should the airport selected from the list of KiwiTaxi web-site fail to match the additional address indicated by the Customer, KiwiTaxi shall be entitled to reject transfer reservation or make a reservation for a transfer for departure from the address the cost of travel from which is the lowest from several addresses indicated by the Customer or restate the transfer cost and billing the Customer for additionally payable amount (in this case the Customer shall make the balance payment within the time specified by KiwiTaxi);
when traveling from the city, the departure address shall mandatory contain the name of hotel, apartments or full departure address; when traveling to the city, the destination address shall mandatory contain the name of hotel, apartment or full destination address. Herewith, the hotel specified by the Customer shall actually be within the administrative boundaries of the populated center and (or) administrative area, which is specified as the hotel address during reservation. Should the populated center selected from the list of KiwiTaxi web-site fail to match the additional address indicated by the Customer, KiwiTaxi shall be entitled to reject transfer reservation or make a reservation for a transfer for departure from the address the cost of travel from which is the lowest from several addresses indicated by the Customer or restate the transfer cost and billing the Customer for additionally payable amount (in this case the Customer shall make the balance payment within the time specified by KiwiTaxi);
when making a shuttle class reservation, regardless the departure/ destination address specified by the Customer and (or) confirmed by KiwiTaxi, the transfer shall be actually provided from /to one of hotels within the center of the populated center specified by the Customer during transfer reservation;
when traveling from / to the port, the departure/ destination address shall mandatory contain the terminal number and name of the ship from which passengers are picked up or to which they are brought;
when traveling from/ to the railway station, it is necessary to indicate the train and car number from which the passengers are picked up or to which they are brought;
when traveling from the airport, port, railway station, the Customer shall indicate the arrival time of the flight, train, or ship. If the time of car provision is different from the arrival time, client shall inform thereof in writing in the comment to the order;
- transfer commencement time, i.e. the time at which the carrier shall meet the Customer in the departure point, specified in the order; The Customer shall indicate the transfer commencement time in local time of transfer departure point;
- total number of passengers during transfer, including children;
- surname and name of a passenger or of one of passengers, as well as the mobile phone number; The mobile phone number shall be indicated in international format, starting with "+"; The mobile phone number shall be active in the country of transfer, be available during transfer, as well as prior to transfer and after it. Unavailability of the Customer or a passenger by the number indicated by the Customer (including the cases when the subscriber is unreachable or fail to answer calls) shall constitute grounds for rejection of damages for improper quality of services and the matters releasing KiwiTaxi from liability.
The Customer is informed and shall take into account that the standard baggage item is the baggage with the overall sum of three dimensions not exceeding 158 cm. When making an order, the Customer shall inform KiwiTaxi in writing about transportation of children, pets, and substandard baggage (baggage exceeding standard dimensions, as well as skis, perambulators, bicycles, snowboards, wheel-chairs, other objects). In the absence of proper written notification, transfer provision to the Customer may be rejected: in such case transfer provision may be considered impossible due to the Customer’s fault, due to which the Customer’s payment may be withheld in full or in part, including consequences of passengers’ non-appearance.
2.5. When the Customer selects the departure/ destination point from the list on KiwiTaxi web-site, the Customer shall not indicate other departure/ destination addresses than the addresses initially selected by the Customer from the list. Should the departure point selected from the list of KiwiTaxi web-site fail to match the additional address indicated by the Customer, as well as in any other cases of inequitable conduct of the Customer aimed at violation of the reservation system, KiwiTaxi shall be entitled to reject transfer reservation or make a reservation for a transfer for departure from the address the cost of travel from which is the lowest of several addresses indicated by the Customer or restate the transfer cost and billing the Customer for additionally payable amount (in this case the Customer shall make the balance payment within the time specified by KiwiTaxi).
2.6. All comments to the order indicated in the comment/ note field may be taken into account but are not binding for KiwiTaxi, KiwiTaxi may but is not obliged to fulfill recommendations and wishes of the Customer specified in comments, KiwiTaxi is not liable for failure to fulfill the Customer’s wishes specified in comments to the Order.
2.7. After the Order is made, Reservation Confirmation is placed in the Personal Account of the Customer and (or) sent to the Customer’s e-mail. From the date the Confirmation containing the data on unique number and date assigned to the Customer’s Order is sent to the Customer’s e-mail, such order is considered as accepted by KiwiTaxi. Herewith, if the Carrier fails to confirm the order, KiwiTaxi is entitled to refuse its further fulfillment.
2.8. In case when the information specified in the reservation order placed by the Customer does not allow transfer provision or hinders it, particularly, due to incomplete or inaccurate information specified by the Customer on the departure/ destination point, etc., KiwiTaxi is entitled to suggest that the Customer should introduce proper alterations to the transfer conditions, specified by KiwiTaxi by sending a notice to the Customer’s e-mail address. Should the Customer fail to specify the transfer conditions within the time established by KiwiTaxi, KiwiTaxi shall be entitled to refuse fulfillment of the reservation order on transfer conditions specified by the Customer and cancel the transfer. KiwiTaxi’s refusal to fulfill the reservation order (transfer cancellation) due to specified circumstances shall result in KiwiTaxi’s right to withhold the Customer’s monetary funds in the amount specified by the Service Level Agreement or (at KiwiTaxi’s discretion) to apply consequence for transfer provision due to the Customer’s fault.
3. Conditions of transfer provision
3.1. In cases when the departure point is the airport (railway station, seaport), the period of waiting for passengers not subject to cost increase is 60 minutes upon transfer time commencement specified in the Confirmation. In all other situations, in case of waiting for passengers after the transfer time commencement, the cost of services for waiting is determined directly by the carrier. In any case, the cost of payment for passenger waiting may include the additional payment charged for the time of car parking in the parking-meter zone in the departure point. The cost of service for passenger waiting, as well as the settlement procedure between carriers and passengers shall be determined by the agreement between them and is not subject to obligation fulfillment by KIwiTaxi.
3.2. In case of change in the airport of arrival or flight delay for more than half an hour, all additional costs shall be borne by the Herewith, KiwiTaxi has a right to refuse transfer provision, including application of consequences of passenger non-appearance.
3.3. KiwiTaxi’s obligations to the Customer shall be considered as fulfilled from the time of service reservation at the Carrier’s.
3.4. In case of passenger absence at the destination point by the transfer time commencement, the transfer is considered as failed due to the Customer’s fault and the Customer’s obligations are considered as non-fulfilled, which involves the Customer’s obligation to pay KiwiTaxi the service cost and penalty or (at KiwiTaxi’s discretion) the Customer’s obligation for compensation of KiwiTaxi’s expenses inflicted by such non-fulfillement. Such expenses shall include without limitation: payments made by KiwiTaxi to the carrier as payment for motor vehicle reservation for transfer provision (insurance deposit, etc.); payments made by KiwiTaxi to the carrier as compensation for expenses of the carrier for travel to the departure point and bank, the bank commission amount payed by KiwiTaxi at transfer of money received from the Customer to the carrier, KiwiTaxi’s expenses for order processing. KiwiTaxi has a right to offset the money paid by the Customer for transfer cost towards compensation for losses incurred by KiwiTaxi. The specific amount of the withheld amount is specified in the Level of Services Presentation.
3.5. In case of delay of the Customer’s flight, the transfer departure time may be changed with the consent of KiwiTaxi and the carrier if the Customer informs KiwiTaxi in writing about flight delay in advance. Herewith, the change shall be the right rather than obligation of KiwiTaxi and the carrier. If KiwiTaxi and the carrier agree for changes, a proper notice is sent to the Customer. In the absence of the consent, the transfer shall be considered as failed due to the Customer’s fault.
3.6. In case of failure to fulfill the obligation due to non-appearance of the carrier, the money paid by the Customer as a prepayment (advance payment) shall be refunded within the reasonable time period (and in case such term is specified in the Service Level Agreement — within the time period established in the Level) after the claim and evidence of default on obligations is received from the Customer. Besides the obligation for refunding the money paid by the Customer as advance payment, KiwiTaxi shall compensate the Customer for losses in the amount established by the Service Level Agreement. KiwiTaxi shall compensate for the losses, provided the Customer files claims within the time period specified by the Service Level Agreement. The carrier’s non-appearance is considered as established, provided the Customer presents good and sufficient evidence of passengers presence in the departure point by the transfer time commencement, in particular, photos of passengers against the hotel reception desk, in case such hotel is specified as the departure point in the transfer conditions and the clock indicating the local time; or a photo of passengers against the arrival flight timetable in the airport and the clock indicating local time; or a written evidence of an official (employee) of the hotel, airport, railway station, seaport certifying the fact that by the transfer commencement time passengers were at the address, specified in transfer conditions as the departure point. The dates of claims processing are determined in the Service Level Agreement.
3.7. In case the transfer is provided on conditions non-conforming to the conditions specified in the reservation order (particularly, motor vehicle of lower class, absence of a special child seat, etc.), the transfer is considered as improperly provided. Improper provision of the service shall result in KiwiTaxi’s obligation for transfer cost revaluation in accordance with the Service Level Agreement and refunding of a proper difference to the Customer.
3.8. Any changes of transfer conditions, in particular, with regard to approval of additional stops on the route from the departure point to the destination point, agreed between the carrier and passengers, by agreement between the Customer and KiwiTaxi are considered as conclusion of separate agreements between the carrier and the passenger, with provision by the carrier of additional passenger carriage services as their subject. The cost of such additional services and settlement procedure between the carrier and passenger is determined by the agreement between them and shall not be the subject of obligations under this Agreement. Any agreement of changes in transfer conditions (including without limitation: departure time, additional baggage), made by the Customer or passengers directly with the Carrier and not recorded in the Reservation Confirmation shall release KiwiTaxi from liability for consequences of such agreements.
3.9. In case the group transfer (two and more passengers) is ordered, the first passenger specified in the order is considered as the group leader. The group leader shall be responsible for passengers gathering and their accommodation in the transport. KiwiTaxi shall not be liable for passengers gathering at the departure point, shall not arrange any actions for passengers gathering at the departure point.
3.10. With transfer ordering, any address different from the address initially indicated by the Customer and final address confirmed by KiwiTaxi is considered as additional. Delivery to the additional address is performed by agreement with Kiwitaxi and the Carrier and under the terms agreed with them.
3.11. KiwiTaxi makes efforts to provide the Customer with the Russian-speaking or English-speaking driver but does not guarantee this. The driver’s inability to speak a foreign language shall not be the reason for the Customer to file claims to KiwiTaxi or reduce the price of the services rendered.
3.12. The Carrier may deviate from the time of motor vehicle provision specified in the Customer’s Order for the time not exceeding 30 (thirty) minutes. Such deviation shall not result in payment of the compensation in the Customer’s favor.
3.13. KiwiTaxi and carriers have a right to refuse services provision in cases services provision is impossible due to technical reasons and (or) due to force majeure circumstances (including without limitation to strikes, natural calamities, accidents) and (or) due to other reasons including without limitation: Customer’s provision of incorrect or incomplete information on the transfer; passengers under the influence of alcohol or drugs; actions of passengers threatening life or health of the deriver and the vehicle condition, violation of the capacity limit for the selected class by the passenger; presence of children without a prior notification thereof and in the absence of the ordered special child seat/ booster, presence of passenger’s animals without a pet carrier and (or) documents. In case the service provision is impossible due to the Customer’s fault and in other cases provided by the Rules, Level or the agreement, the services price shall be paid in full.
3.14. The driver has a right to select the optimal route for transfer provision at own discretion.
3.15. KiwiTaxi reserves the right to refuse to change the route directly during the transfer service provision, but shall exert all efforts to provide the Service to the Customer and proper performance of the terms of this Agreement.
3.16. Conditions of transfer replacement are specified in the Level of Services Provision. The Customer confirms his/ her consent with the conditions of transfer replacement.
3.17. KiwiTaxi has a right to apply penalty sanctions at Order cancel.
3.18. KiwiTaxi has a right to ask for presentation of documents of passengers’ identification.
3.19. The limit amount of KiwiTaxi liability (compensation for losses) shall be compensation for actual damage of the Customer in the amount up to RUB 10,000. Under no circumstances KiwiTaxi shall be liable for the Customer’s loss of profit.
3.20. The Customer shall submit documents supporting the Customer’s payment of another transfer similar to the provided as the evidence of the Customer’s losses.
3.21. KiwiTaxi shall not be liable for actions of carriers, including (without limitation) cases of failure to fulfill or improper fulfillment by the carrier of obligations, as well as in cases of life and health injury to passengers during road accident. In case of road accident, liability for life and health injury to passengers shall be governed and regulated within the liability and liability insurance of the motor vehicle’s owner (Compulsory Motor Third Party Liability and Full Comprehensive Insurance policies) in the territory of the Russian Federation and in accordance to the applicable law in the territory of other states.
3.22. If the transfer provision is impossible due to the Customer’s fault, the agreement price shall be paid in full.
4. Changes in reservation
4.1. No changes in transfer conditions without consent of KiwiTaxi are allowed. In the presence of KiwiTaxi’s consent, a new Confirmation is sent to the Customer’s address, and consequence of conditions change are applied — such consequences are determined by Kiwitaxi. In the absence of KiwiTaxi’s consent, the transfer is provided on initially agreed conditions or canceled on KiwiTaxi’s initiative (without compensation for losses or other liability on KiwiTaxi’s part) or canceled on the Customer’s initiative with application of consequences established by the Service Level Agreement.
4.2. Transfer cancelation on the Customer’s initiative shall involve consequences set forth by the Service Level Agreement. In any case Kiwitaxi has a right for compensation of expenses for services arrangement, which means without limitation: payments made by KiwiTaxi to the carrier as payment for motor vehicle reservation for transfer provision (insurance deposit, etc.); payments made by KiwiTaxi to the carrier as compensation for expenses of the carrier for travel to the departure point and bank, the bank commission amount paid by KiwiTaxi at transfer of money received from the Customer to the carrier, KiwiTaxi’s expenses for order processing.
4.3. Transfer cancellation on KiwiTaxi’s initiative is allowed in case the Customer failed to fulfill the obligation for transfer conditions alteration in cases when information specified in the reservation order placed by the Customer does not allow or hinder transfer performance. Incompletion or inaccuracy of information determining the transfer conditions, as well as the Customer’s failure to introduce changes into such transfer conditions shall be considered as the circumstance, which results in impossibility to provide the transfer on the Customer’s fault. In the presence of the above circumstances, KiwiTaxi shall send a notice about transfer cancellation to the Customer’s e-mail address.
4.4. Should passengers fail to appear to one of transfers, KiwiTaxi is entitled to cancel all subsequent transfers with application of consequences of Customer’s cancellation of transfers set forth by the Service Level Agreement or (at KiwiTaxi’s discretion) with application of consequences of impossibility of transfer provision due to the Customer’s fault.
4.5. Transfer cancellation on KiwiTaxi’s initiative is allowed in case the Customer failed to fulfill the obligation for payment within the established time period or for reservation confirmation, or other obligations established by the agreement, Rules and the Service Level Agreement. When placing an order without prepayment, the Customer shall apply KiwiTaxi 24 hours prior to the time of transfer provision and confirm the need for the transfer. In the absence of such application KiwiTaxi has a right not to make a transfer reservation or cancel the transfer without compensation for any losses or expenses of the Customer — the obligation for transfer reservation shall be the counter-obligation with regard to the Customer’s obligation to apply KiwiTaxi and confirm the need for transfer provision within the time period established in this clause.
4.6. In cases of transfers cancellation on KiwiTaxi’s initiative, KiwiTaxi shall not compensate for the losses incurred or may be incurred by the Customer due to such cancellation, and other conditions set forth by the Service Level Agreement are applied, as well as the conditions applied in case of failure of transfer provision due to the Customer’s fault.
5. Claiming procedure
5.1. The Customer shall file any claims related to failure to fulfill or improper fulfillment of the obligations with regard to transfer provision within 14 (fourteen) days from the transfer provision date. If KiwiTaxi does not receive the Customer’s claim regarding fulfillment of obligations for transfer provision within 14 (fourteen) days from the transfer date, the transfer is considered as fulfilled, and the service is considered as provided to the Customer in full and in a duly manner.
5.2. Any claims of passengers arising from the circumstances of obligations fulfillment by the carrier, including as it relates to selection of the route, traffic speed limit, style of driving, etc., without limitation to the ones inflicted injury to life and health of passengers and harm to their property, as well as other circumstances unfavorable for passengers, in particular, related to delay in arrival to the destination point, shall be filed directly to the carrier in accordance with the procedure envisaged by the laws of the state where such carriage service was provided. Upon occurrence of consequences unfavorable for passengers and related to delay in arrival to the destination point or late arrival for the flight due to the wrong transfer time selected by the Customer, it is necessary to take into account that the Customer by himself/ herself calculates the transfer commencement time, as well as the time necessary for its performance and shall be liable for that.
6.1. Unless otherwise is established by the terms of the agreement between the Customer and KiwiTaxi, in accordance with the terms of this Agreement no service acceptance certificates are signed between the Customer and KiwiTaxi, and KiwiTaxi shall not issue any bills or invoices for the services provided by Kiwitaxi.
6.2. Any notices from KiwiTaxi are considered as duly sent to the Customer if they are sent to e-mail address specified by the Customer during reservation order. Notices are considered as received by the Customer on the date such notice is sent regardless the actual date and time when such notice is received. The risk of unfavorable consequences related to failure to receive or untimely receipt of the notices shall be borne by the Customer.
7. Personal data
7.1. The Customer and passengers express their consent for processing of the personal data, including: surname, name, patronymic, date and place of birth, sex, citizenship and nationality; series, number of passport, persons inserted in the passport, other passport details; residential and registration addresses, home and mobile phone numbers, e-mail address; any other data reported by the Customer during agreement performance.
7.2. The personal data are processed for the purposes of agreement performance and includes collection, systematization, accumulation, storage, specification (updating, changing), use, distribution, depersonalization, blocking, and destruction of personal data.
7.3. This written consent shall have effect for an indefinite period of time. The consent shall be terminated by a written application signed by the Customer and delivered or sent by a registered mail with notification of delivery to KiwiTaxi and carriers.
7.4. The Customer and passengers are aware and understand the rights of the personal data subject.
7.5. The Customer guarantees the passenger’s consent for personal data processing and shall compensate Kiwitaxi for the absence of such consent (including without limitation: fines of regulatory bodies and the amounts paid on passenger claims).
IT Travel Limited Partnership
Location: Duke Str. 41 Edinburgh UK, EH6 8HH
Telephone: 8 800 200 3292
Incorporated Name: IT Travel
Beneficiary`s Bank "Reģionālā Investīciju banka" JSC
SWIFT code: RIBRLV22
Account #: LV55RIBR00202550N0000
CEO: Evgeny Fedorov