1.1. Agreement – these rules and conditions posted on the website.

1.2. Platform Operator – “Georgian Transfer” (Identification Code (I/C): [YOUR_I_C]), which creates a platform
through the website and provides users with relevant services to enable communication between the tour operator and the passengers.
The platform operator does not personally rent cars or offer additional services beyond the platform itself. They are not a participant
in the contractual relationship between the passenger and the tour operator;

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

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


;

1.6. Services – types of services offered to users by the platform operator, which are defined by Appendix #1;

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

1.8. Vehicle (Car) – A mechanical vehicle that is usually used on the road for transporting people or transporting goods;

1.9. Unacceptable Charging of Money – Deduction of funds from the user’s bank account/accounts by the platform operator without the consent of the owner of the bank account in the case provided for in this agreement;

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

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

1.12. 1 mile – equal to 1.61 kilometers for the purposes of determining the mileage of a vehicle;

1.13. 1 day – 24 hours.

terms.p114

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

2.2. The cost of each service is determined by the platform operator and is indicated in Appendix #1 to these terms;

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

2.4. The quality, safety, legality, and compliance with the description of the vehicles listed on the website are not controlled by the platform operator;

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

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

2.7. By posting information on the website, the tour operator agrees that information about them will be public, and any user will be able to view it,
including the platform operator authorized to provide other users and any third parties with the car insurance policy posted by the tour operator on the website (if applicable).
Information about the user’s bank accounts and profile password is confidential and cannot be disclosed to third parties;

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

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

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

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

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

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

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

3.5. The passenger selects desired tours from tour operators listed on the site, makes a reservation, and waits for confirmation from the tour operator;

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

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

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

4.1. The Platform Operator is Authorized:
— To block, delete, or not create a profile if the tour operator violates these rules/conditions or if there is suspicion that any of the conditions have been violated or not complied with;
— At its own discretion, unilaterally change the terms and services at any time;
— But is not obliged, at its discretion, to independently or through a third party verify the accuracy of information posted by the user and take appropriate action in case of incorrect information;
— But is not obliged to request and/or verify user information from any state or private institution or individual, with which the user agrees and gives the platform operator full authority to request, check, and/or obtain any information about them;
— To provide any information about the user to the contracting party, the victim, investigative bodies, the prosecutor’s office, or the court without the user’s consent/permission;
— To use any information available to the user during legal or administrative proceedings by the platform operator without the user’s consent;
— To store, delete, archive, or use user information in any other form in accordance with the requirements of Georgian law;
— To use any legal means to obtain payment for services from users;
— In cases provided for by this agreement, to make an unacceptable withdrawal from the user’s bank account;
— To process information posted by the user on the website;
— To provide information posted by the user on the website to the court, prosecutor’s office, investigative bodies, and/or government institutions in cases provided for by law;
— To monitor the user’s profile;
— To block, delete, or not allow a passenger to make a reservation if the passenger has unreasonably canceled reservations several times or has not met with the tour operator at the place of departure.
— To seek legal protection of its rights.

4.2. The Platform Operator is Obliged:
— To provide services in a timely and proper manner;
— Not to violate user rights;
— Not to engage in discriminatory actions;
— Not to engage in criminal activities and/or the website should not be used for criminal activities or financing such activities.

4.3. The Tour Operator is Authorized:
— To demand the passenger’s timely fulfillment of their obligations;
— In the presence of the corresponding prerequisites, to file a claim for actions taken by the passenger;
— To obtain compensation for damages through the court, related to the guilty actions of the passenger;
— To seek legal protection of its rights;
— To use all means provided by the law to recover damages.

4.4. The tour operator is obliged:
— To use their account in full compliance with the requirements of these agreements and Georgian legislation;
— To provide complete and accurate information about themselves to the parties, as well as about the legal and actual condition of the vehicle;
— To fulfill the conditions of this agreement properly and within the specified time;
— To maintain the car in a technically sound condition, including having winter tires and seasonally appropriate equipment;
According to Georgian legislation, the vehicle must undergo mandatory technical inspection;
— When driving a car, to comply with the traffic laws of Georgia (see
https://www.matsne.gov.ge/en/document/view/2169396?publication=12
) and other requirements provided by regulatory acts;
— Not to drive under the influence of alcohol, drugs, and/or psychotropic substances;
— To keep the car clean and observe hygiene rules;
— Not to tow other vehicles;
— Not to smoke cigarettes, cigars, cigarillos, pipes, hookahs, electronic cigarettes, or other similar devices in the car;
— Not to bring a pet into the vehicle, except when the tour operator explicitly indicates the right to bring a pet into the vehicle on the website;
— In case of any change in information about them, immediately but no later than within 2 calendar days, contact the platform operator and request a change in the information posted in their account;
— Not to disclose any information about their account, including the account password, to third parties; otherwise, the tour operator is responsible for any negative consequences;
— Immediately provide the platform operator with information about any unauthorized person entering their account or taking actions through their account;
— Not to offend or slander the other party, not to threaten or blackmail the other party to the agreement;
— Not to display a discriminatory attitude towards other users;
— To protect the rights and legitimate interests of consumers and third parties;
— Without appropriate consent, not to collect, store, process, and/or distribute personal data of any person, even if it is posted in an open form on the website, except for information related to the services provided by them, and the collection of information is necessary for the conclusion of a specific contract. After completing the service, the tour operator must delete all information about the passenger;
— Not to contact users for any purpose other than providing services;
— Not to use the website for any other purposes not provided by this Agreement;
— Not to take actions on the website that would hinder its normal functioning, impede or overload it, or otherwise prevent the platform operator from fulfilling its obligations;
— Not to enter another user’s account in any way to bypass the website rules and receive, process, store, and/or disclose information about another user;
— Not to use their own account for criminal activity;
— Not to engage in activities prohibited by Georgian legislation.

4.5. The passenger is authorized:
— To demand timely fulfillment of obligations from the tour operator;
— In the presence of corresponding prerequisites, to file claims regarding the actions of the tour operator;
— To obtain compensation for damage related to the guilty actions of the tour operator;
— To seek protection of their rights in court;
— To use all means provided by law to recover damages.

4.6. The passenger is obliged:
— To use the website in full compliance with the requirements of this Agreement and Georgian legislation;
— To fulfill the conditions of this Agreement properly and within the specified time;
— To pay the cost of services and other expenses that the passenger incurs in connection with this Agreement;
— To provide complete and accurate information about themselves and the number of accompanying persons to the parties;
— Not to offend or slander the other party without reason, not to threaten or blackmail the other party to the Agreement;
— Not to display a discriminatory attitude towards users;
— Without appropriate consent, not to collect, store, process, and/or distribute personal data of any person, even if it is posted in an open form on the website, except for information related to the services of the tour operator;
— Not to contact the tour operator for any purpose other than providing the service;
— To protect the rights and legitimate interests of consumers and third parties;
— Not to use the website for any other purposes not provided by this Agreement;
— Not to take actions on the website that would hinder its normal functioning, impede or overload it, or otherwise prevent the platform operator from fulfilling its obligations;
— Not to enter another user’s account in any way to bypass the website rules and receive, process, store, or disclose user information;
— Not to engage in activities prohibited by Georgian legislation.

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

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

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

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

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

5.6. The platform operator is not responsible for any actions taken with a user’s account, including if the account is used by an unauthorized person.

5.7. The platform operator is responsible only for damage caused intentionally or through gross negligence.

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

5.9. The user is responsible for all negative consequences resulting from their failure to provide any information about their account (including username and password) to third parties.

5.10. In case of failure to immediately inform the platform operator about the access of any unauthorized person to their account or the actions through the account, the user is fully responsible for the damage caused.

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

5.12. In case of causing damage or non-fulfillment of obligations by the tour operator to the platform operator or the passenger, the platform operator may unacceptably debit funds from the user’s account without a receipt.

5.13. Unacceptable debiting of the amount from the user’s account by the platform operator occurs in case of a claim by another user or causing damage to the platform operator and/or non-fulfillment of obligations to the platform operator. The validity of the claim is verified by the platform operator, and at its discretion, it decides on the satisfaction of the claim.

5.14. The author of the claim is fully responsible for the validity of the claim. The platform operator is not responsible for the damage caused by the unacceptable debit of the amount.

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

5.16. The user is not authorized:
— To decompile the program, analyze engineering developments, or otherwise attempt to obtain the code for the platform, profile, or other software;
— To modify the website or profile of the platform operator in any way or form or use modified versions of the platform or profile of the platform operator;
— To transmit files containing viruses, corrupted files, or other applications that may damage the platform of the platform operator or have a negative impact on it;
— Attempt to gain unauthorized access to the platform of the platform operator, profile, or other services of the platform operator.

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

6.1. The parties acknowledge that information related to the performance of the terms of this agreement is of a confidential nature. The information protected by this article may only be disclosed to third parties for the purpose of complying with the requirements of these agreements, legislative or judicial prescriptions, as well as to ensure the protection of their legitimate interests.

6.2. The terms of this Agreement should be accessible only to those representatives of the parties who have direct contact with the performance of the terms of this Agreement.

6.3. The implied obligation of confidentiality under this Agreement is lifelong.

7.1. The parties are released from liability for non-compliance or improper performance of the conditions of the current agreement if improper performance is recognized as impossible due to force majeure, i.e., in connection with extraordinary and insurmountable circumstances. Such circumstances do not include the violation of the parties’ obligations, the lack of demand for goods on the market, or the lack of necessary funds by the parties.

7.2. The party for which it was established that the performance of obligations under the contract is impossible must notify the other party in writing of the above circumstances within 24 hours after their occurrence.

7.3. The notification must contain the circumstances, as well as official documents confirming the existence of such circumstances. If the party does not send or untimely sends the above message, it must compensate for the losses incurred by the other party. The existence and duration of force majeure must be confirmed by an act or other document issued by the relevant competent authority.

7.4. In case of non-submission and/or untimely notification, it loses the right to refer to the existence of force majeure as a basis for exemption from liability.

7.5. If the circumstances last for more than 3 (three) calendar days, the parties conduct additional negotiations to agree on acceptable alternative methods for implementing the existing contract or decide on the early termination of the current agreement. In case of early termination of the current agreement based on this article, the parties must settle their accounts.

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

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

8.1. This Agreement may be terminated by mutual agreement of the parties.

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

8.3. The user has the right to close their account and terminate this Agreement if the platform operator changes the terms of service or service maintenance, and at the same time, the user no longer has any obligations to the passenger or tour operator.

8.4. The user may terminate the agreement unilaterally only if they have no obligations to any party, fine, penalty, or any other monetary sanction.

9.1. All disputes and disagreements that may arise from the existing agreement or in connection with it will be resolved by mutual agreement of the parties.

9.2. If the parties do not reach an agreement, a dispute regarding claims filed by the passenger and the tour operator will be resolved by the court in accordance with the legislation of Georgia in the territory of Georgia by the Tbilisi City Court.

9.3. Any dispute regarding claims filed by the platform operator arising from these terms or in connection with them, including any issues related to the existence, authenticity, and termination of the terms or arbitration agreement, must be transferred to the Permanent Arbitration Center “Dispute Resolution Center” DRC, with the place of arbitration being Tbilisi, Georgia, whose registration code is 204547348; Tbilisi, Vazha-Pshavela Street 71, 2nd floor, office 11.

9.4. Relations arising from this Agreement are governed by the legislation of Georgia.

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

10.2. The passenger and tour operator do not have the right to communicate with each other outside the website to avoid paying service fees or reduce the commission.

10.3. The parties agree that they consent to receive notifications electronically, via short text message, or by any other means and undertake to accept the obligation by agreeing to these terms and conditions on the website.

10.4. The action performed through the mobile application is equated to an operation performed through the website.

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

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

10.7. These terms are drafted in the Georgian language.

10.8. The invalidity of any provision of these terms does not lead to the complete invalidity of these terms.

10.9. This Agreement may be unilaterally amended by the platform operator. Complete information about the changes to the Agreement is sent to the user both in their personal account and by email.

10.10. If the user disagrees with the changes made to the Agreement, they have the right to close their account and terminate this Agreement after the user has fully fulfilled their obligations to the platform operator and other users.

10.11. If the user disagrees with the change made to the Agreement, within 5 (five) days after receiving the notification, they must notify the platform operator through the website or by email that they disagree with the change made to the Agreement and terminate this Agreement. In this case, the user will no longer be able to book or provide services, but the changes made to the agreement will not apply to it.