The Regulation (defined below) determines terms and conditions of the agreement concluded by TravPack LLC with registered office in TravPack LLC 82009 Cheyenne, Pony Express Rd. 810, United States of America, EIN: 30-0989899 (hereinafter referred to as the “Service Provider”) for the Users (defined below).
The Regulation is directed to Users.
The Regulation constitutes general conditions of the Account Agreement and License Agreement.
Definitions capitalized in the Regulation will have meaning given to them below:
Subscription – means a fee for full access to the Application functionality in the Subscription Period.
Application – means the Travpack mobile app.
Contact data – means contact details of the Service Provider using which the User can contact with the Service Provider, i.e.: Correspondence address: TravPack LLC 82009 Cheyenne, Pony Express Rd. 810, United States of America; E-mail address: [firstname.lastname@example.org].
Offer Form – means a form that fills the Ordering Party in order to submit an offer to conclude the Carriage Contract.
Registration Form – means a form that fills the Ordering Party in order to open an Account.
Order Form – means a form that fills the Ordering Party in order to conclude the Agreement.
Account – means a service provided electronically by the Service Provider to the User as a part of the Application, to which the User gains access using an individual login name and password.
Consumer – means a natural person who has full capacity to perform legal acts with a trader in a legal act not directly related to its business or profession.
License – means a free non-exclusive license to use the Application without the right to sub-license, territorially unlimited, granted by the Service Provider to the User in the fields of use specified in the Regulation.
Subscription Period – means the period of 1 month for which the User has paid the Subscription.
Account Confirmation – means an e-mail sent by the Service Provider to the User's e-mail address confirming that the Account has been created.
Commission – means the remuneration due to the Service Provider in connection with conclusion of the Agreement by Users via. Application.
Parcel – means movable goods subject to the Carriage Contract.
Regulation – means these Terms and Conditions.
Goods – means movable goods subject to the Sales and Carriage Contract.
Agreement – means the Sales and Carriage Contract or the Carriage Contract.
Account Agreement – means the Agreement, based on which the Service Provider provides the Account service to the User.
License Agreement – means the Agreement, based on which the Service Provider grants, and the User accepts the License.
Sales and Carriage Contract – means the agreement concluded between the Ordering Party and the Contracted Party, the object of which is purchase of Goods by the Ordering Party from the Contracted Party and to provide them by the Contracted Party to a place indicated by the Ordering Party.
Carriage Contract – means the agreement concluded between the Ordering Party and the Contracted Party, the object of which is to collect Goods from a place indicated by the Ordering Party and to provide them by the Contracted Party to a place indicated by the Ordering Party.
Services – means services related to the Application provided by the Service Provider electronically.
Carriage Service – means a service provided by the Contracted Party on the basis of Agreement, relying on providing Goods or Parcel to a place indicated by the Ordering Party.
User – means an entity using the Services, being a Consumer, a legal person or an organizational, which is not a legal person, but is granted legal capacity by law.
Contracted Party – means the User who offers Goods and/or the Carriage Service via the Application. The Contracted Party shall be understood as the seller and provider of Carriage Service in the Contract of Sales and Carriage and provider of Carriage Service in the Carriage Contract.
Ordering Party – means the User who concludes the Sales and Carriage Contract or the Carriage Contract with the Contracted Party. The Ordering Party shall be understood as the buyer and ordering the Carriage Service in the Contract of Sales and Carriage and ordering the Carriage Service in the Carriage Contract.
Remuneration – means the remuneration due to the Service Provider for providing Services and granting the License, payable in the form of Subscription and Commission.
The Regulation has been drawn up in Polish/English in accordance with Polish law.
The Terms and Conditions along with attached model withdrawal form are available free of charge on the Website at [https://www.travpack.co] in a way that buyers can access, record and reproduced in pdf format via information and communication system used by the User, as well as will be provided to the User in pdf format along with attached model withdrawal form in attaching to the Account Confirmation.
Users can be natural persons who are over 18 years of age and have full legal capacity, a legal person or entities without legal personality, but able to acquire rights and assume obligations on their own behalf.
The Service Provider provides the Services and grants a License for Remuneration.
It is possible to install the Application on a mobile device that meets the following technical requirements:
a. operating system: Android version min. 4.4. or iOS version 9.0;
b. lack of installed modifications of the above operating system, and in particular modifications consisting in breaking the security of the manufacturer of Mobile Device or the manufacturer of the operating system (so-called jailbreaking or rooting);
c. mobile version of web browser dedicated to the operating system referred to in point (a) i.e. Google Chrome (for Android) or Safari (for iOS), including rendering engine, in the latest version available in the official mobile application distribution platform of the manufacturer’s operating system (i.e. Google Play for Android or Apple).
The Service Provider doesn’t bear responsibility for any irregularities in functioning of Services and Application resulting from the User’s failure to meet technical requirements.
Some technical requirements determined in paragraph 2.5 above may require payment of charges, in particular access to the Internet. All costs related to meeting technical requirements shall be borne by the User.
The user is also obliged to refrain from any actions that may hinder access to the Application by other Users and any activities that may disrupt or disrupt the functioning of the Application and Services related to it.
The User can use Services provided by the Service Provider only for purposes consistent with the applicable law and good manners.
The User shall be bound by the termination of the Account Agreement and the License Agreement with immediate effect prohibited of:
a. providing contents of unlawful nature, contrary to rules of social co-existence;
b. sending the spam as defined in Article 10 of the Act of 18 July 2002 on providing electronic services;
c. using the Application in a manner that that hinders its operation or inconvenience to the Service Provider.
If the User is connected to Facebook, after registering, he can log in next time without using a phone number.
In case of placing by the User contents that violates points 3.8, 3.9 and 3.10 the Service Provider has the right to remove these contents.
The Service Provider shall use cryptographic protection of electronic transfer and digital content by appropriate logical, organizational and technical measures, in particular to prevent access to data by third parties, including SSL encryption, use of access passwords, as well as anti-virus or against the unwanted software.
The Service Provider informs that despite the use of above mentioned security measures by the Service Provider, the use of Internet network and services provided electronically may be at risk of accessing the information and communication system and the User’s device, malicious software or accessing the data located on this device by third parties. In order to minimize the risk, the Service Provider recommends that the User should use antivirus programs or Internet identification protection software.
The Service Provider is entitled to leave on the User’s device so-called “cookies” or other files of similar purpose.
The Service Provider reserves the right to technical interruption in operation of the Application up to 72 hours, about which Users will be informed in advance by an appropriate message on the Application.
Acceptance of these Terms and Conditions is voluntary, but in case of non-acceptance of these Terms and Conditions by the User, the User is not entitled to use the Application.
Information placed by the Service Provider in Application doesn’t constitute the offer as defined in the Act of 23 April 1964 on the Civil Code, and constitute only an invitation to conclude the contract.
The user can use the Application only via the Account.
Within the Application there are two types of Accounts: Business Account intended for Contracted Parties and Customer Account intended for Ordering Parties. The User chooses the type of Account in the Registration Form. The User may have one Business Account and one Customer Account at the same time.
In order to conclude the Account Agreement and License Agreement between the Service Provider and the User, it is necessary to fill the Registration Form and activate the “Register” button – under the Registration Form.
In the Registration Form, the User is obliged to provide its first and last name, e-mail address, phone number, type of the Account. Phone number and e-mail address provided by the User shall be verified using a verification code sent by the Service Provider to the phone number/e-mail address provided by the User.
Users conducting business activity, legal persons or organizational entities, by opening Business Account are obliged to send through the Application documents confirming their business activity.
After the activation of button referred to in point 4.3, the User will receive an e-mail address of Account Confirmation along with the Regulation in pdf format and verification codes referred to in point 4.4.
The Customer Account Agreement between the Service Provider and the User is concluded upon positive verification of phone number and e-mail address in the Application.
The Business Account Agreement is concluded when the Service Provider confirms positive verification of documents referred to in point 4.5. The User shall be notified of positive verification of these documents via the Application.
In the Registration Form, the User must provide e-mail address and password that will use to access the resources of the Account. The user is not entitled to share the password with a third party.
The User should systematically update provided data in the Account settings. After registration, it is forbidden to delete the data from the Account settings, or to provide incomplete or untrue data.
The Application enables to connect the Account with Facebook social networking site.
The User is not allowed to use Accounts of other Users and to make the Account available for other persons, except Business Account available for authorized persons by the User to act on their own behalf.
In order to enable Users to use the Application, the Service Provider grants License to Users with respect to the permanent or temporary multiplication of the Application in whole or in part by any means and in any form, to the extent that it is necessary for the User to use the Application functionality.
The License Agreement is concluded along with the Account Agreement for the duration of using by the User of the Account. The License Agreement shall terminate upon expiration or termination of the Account Agreement.
The Account Agreement may be terminated by the User at any time by e-mail to the address indicated in the Contact Data or by deleting the Account.
The Service Provider is entitled to terminate the Account Agreement concluded with the User without giving reasons in compliance with 14 days’ notice by e-mail to the User’s e-mail address provided in the Registration Form.
The Service Provider is entitled to terminate the Account Agreement with immediate effect in cases provided for in the Regulation and generally applicable legal regulations by e-mail to the User’s e-mail address provided in the Registration Form.
Termination of the Account Agreement shall result in termination of the Account and expiry of the License.
The User being a Consumer can withdraw from the Account Agreement and the License Agreement without giving any reason within 14 days from the date of conclusion of the Agreement. Upon expiration of this period, the User shall no longer be entitled to terminate the Account Agreement and the License Agreement.
The Service Provider shall commence the provision of services under the Account Agreement and License Agreement before the end of withdrawal period only at the request of the User. The User, who after submitting such request will withdraw from the Account Agreement and the License Agreement upon payment of the Subscription Agreement shall be obliged to pay fees proportionally to the scope of provided service (time of using the Account).
The Service Provider informs that the User being a Consumer is not entitled to the right to withdraw from a distance contract in relation to contracts specified in Article 38 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2017, item 683 – hereinafter referred to as the “Act on Consumer Rights”), in particular service contracts, if the trader has fully performed the service with the express consent of the Consumer, who was informed prior to the first provision of services that after providing service by the trader will lose the right of withdrawal from the contract.
The User being a Consumer may exercise the right of withdrawal from the contract referred to in point 5.1 with the use of form referred to in Attachment No. 2 to the Act on Consumer Rights or form, which is available on the website of Service and constitutes an appendix to the Regulation or in any other chosen form. In such a situation, the Service Provider is obliged to send to the User being a Consumer a message confirming receipt by the Service Provider of the withdrawal statement to the address/phone from which received the appointed statement. The date of postmark will determine the deadline for withdrawal. The address of the Service Provider, to which the withdrawal notice should be sent, has been indicated in the Contact Data.
If the User withdraws from the contract, the Service Provider shall return all payments received from the User, subject to point 5.2. The amount shall be refunded within 14 days from the date of receiving the withdrawal statement. Money shall be returned by bank transfer to the account from which payment was made or to the account indicated by the User in the withdrawal form.
The provisions of this chapter do not apply to Users who are not Consumers.
The Application provides tools to pair sellers and carriers (Contracted Parties) with customers (with Ordering Parties) and conclusion of the Contract of Sales and Carrier or Carrier Contract.
The Ordering Party via the Application may conclude the Sales and Carriage Contract or the Carriage Contract with the Contracted Party. The Agreement shall be concluded through the Order Form or Offer Form.
The Carriage Contract shall be concluded through the Offer Form. In the Offer Form, the Ordering Party shall indicate the type of Parcel, type of transport, proposed cost, data concerning the date and place of receipt and delivery. After the offer is accepted by the Contracted Party, the Carriage Contract is concluded.
The Sales and Carriage Contract shall be concluded through the Order Form. In the Order Form, the Ordering Party selects the Goods and data concerning the place of delivery. The conclusion of the Sales and Carriage Contract shall take place upon completion of the Order Form by the Ordering Party.
The Ordering Parties undertake not to offer via the Application of Goods, which the trade violates binding provisions of law or rights of third parties (in particular copyrights and other intellectual property rights), as well as the issue of which may be considered to violate good manners.
The terms of the Carriage Contract will be agreed between the Contracted Party and the Ordering Party and have not been specified in the Regulations.
The amount of the Commision and the Subscription specified in the Application does not include VAT due to the release of the Service Provider from the obligation to pay it.
Services provided by the Service Provider are payable. The fees shall be fully charged to the Contracted Parties.
The Service Provider is entitled to remuneration in a form of Subscriptions and Commissions from Users holding the Business Account.
The Service Provider's fee is payable on each Carriage Contract concluded between the Contracted Party and the Ordering Party through the Application. The amount of the commission is PLN 1. The amount of the commission is converted into the currency proper for the country of registration of the telephone number used to create the Account.
The commission is charged by the Service Provider automatically from payments made by the Ordering Party through the Application.
The Subscription constitutes the Service Provider’s Remuneration for making the Premium Account available to the User. The Premium Account is intended for Contracted Parties.
The Premium Account enables the Contracted Party to use the following additional functionalities of Business Account in the Subscription Period:
a. in-depth account statistics
b. dedicated support
c. no transaction fees
The Subscription fee is paid in advance for the Subscription Period via the Application.
Point 7.3 is not applicable to Users holding the Premium Account. The commission from Contracts concluded by Users holding the Premium Account amounts USD 7,5.
In the case of payments made via Stripe, the payment amount is automatically converted into the currency of the User's bank account.
The Service Provider is obliged to provide services with due diligence.
The complaint about the Services may be submitted by the User using Contact Data. The complaint should contain a concise description of the situation and the User’s request or suggestions. These requirements are only recommendations and are intended to make it easier for the Service Provider to handle complaints. Failure to meet the User’s requirements does not affect the time and manner of processing the complaint.
Unless separate regulations provide otherwise, the Service Provider is obliged to respond to the complaint within 30 calendar days from the date of its receipt. If the Service Provider has not responded to the User being a Consumer within the deadline referred to in the first sentence, the Service Provider shall be deemed to have acknowledged the complaint. A response to the complaint is provided by the Service Provider to the User who is a Consumer on a paper or other durable medium.
The Service Provider shall be liable towards the User not being the Consumer for any damage resulting from the non-performance or improper performance of its obligations under the Account Agreement or in connection with electronically provided services in the Application only if the damage is caused by the Service Provider’s intentional fault and is limited to the amount of Remuneration.
If the act or omission of the Service Provider from which the damage results constitutes a non-performance or improper performance of the Service Provider’s obligations resulting from the contract, the User not being the Consumer shall not be entitled to claim compensation for damages resulting from tort/delict.
The provision of paragraph 1 8.5 does not apply to personal injury.
The User acknowledges that the Service Provider does not sell the Goods or provide the Carriage Service and all services available under the Application are provided by the Contracted Parties to whom the Service Provider provides the technological platform (Application). The Contracted Parties are not employed by the Service Provider or any entity related to the Service Provider.
The Service Provider shall not be liable for the behavior of Users within the Application or for improper performance or non-performance by them of Contracts concluded within the Application, as well as for consequences of actions taken by Users and third parties, which constitute violation of provisions of the Regulations. In particular, the Service Provider shall not be liable for the quality, safety or legality of Goods sold as a part of the Application and services provided by the Contracted Parties, ability of Contracted Parties to sell and provide services, solvency of the Ordering Parties, as well as truthfulness and reliability of the information provided by the Users.
The Service Provider provides the following Services to Users having the Ordering Party's Account by electronic means:
a. Registration Form;
b. Order Form;
e. Comments and ratings,
f. The Supplier Navigation
g. Push Notifications,
j. Comments and Rating.
The Service Provider provides the following Services to Users who have a Contracted Party's Account by electronic means:
a. Registration Form;
b. Offer Form;
e. Comments and ratings,
f. Available Transport Form,
h. Search engine.
The services indicated in point 9.1 shall be provided free of charge, subject to point 7.
The above mentioned services are provided 7 days a week, 24 hours a day.
The Service Provider reserves the right to choose and change the type, form, time and method of granting access to the Services, which shall inform the Users about it in a manner appropriate to amendment of the Regulation.
The Registration Form service enables to open an account.
The Order Form service enables conclusion of the Contract of Sales and Carriage.
The Offer Form service enables conclusion of the Carriage Contract.
The Available Transport Form Service allows the Contracted Party to add the so-called an available vehicle (from route A to route B with a transport description and date and time information).
The Account service enables conclusion of the Contract, filling in the Order Form and Offer Form, preview of the status of order processing, preview of order history, current account balance, changing the Account settings.
Chat service enables you to make calls between Users.
Wallet service enables to make pre-paid payments as part of the Application.
Comments and Rating service enables to rate and comment the Contracted Parties in relation to carried out Contracts. The User is responsible for the content in ratings and replies. Comments and Rating shall be consistent with the actual course of the Contract and shall not include:
a. vulgarisms, obscene contents, pornographic or promoting hates, racism, xenophobia;
b. contact data or login names of Users,
c. websites addresses or contents on advertising nature.
d. unlawful content.
It is forbidden for the User to conclude the Contract only for the purpose of rating (e.g. to intentionally overestimate or underestimate the Contractor’s credibility).
The Supplier Navigation Service allows you to track the Contracted Party with whom the Carriage Contract was concluded.
The Push Notifications Service allows you to inform the User about events that occur after the conclusion of the Carriage Contract.
The Service Provider does not interfere with the content of comments and ratings, but the Service Provider reserves the right to edit, remove or block the possibility of rating in justified cases, if necessary, when:
a. violate provisions of the Regulation, in particular of the Article 9.11 or 9.12;
b. were mistakenly issued to the wrong User or to an incorrect Contract if their content clearly indicates a mistake;
c. the content clearly indicates a mistake or it is illegible.
The Partners Service allows you to add Users to the list of cooperating contractors.
The Search Engine Service allows you to search for Contractor Parties on the map and assign orders to them and to search for available vehicles.
The Agreement for the provision of services by electronic means (except for the Account) is concluded upon the User’s accession to the service, and its termination takes place at the moment of termination of the use by the User of appointed service.
The Service Provider is controller of personal data collected by the Application.
Placing an order by the User is tantamount to giving consent to process personal data indicated in ordering pursuant to the provisions of the Act on 29 August 1997 on the protection of personal data by the Service Provider (Journal of Laws 1997, No. 133, pos. 883 as amended).
Processing of personal data referred to in points 10.2 and 10.3 by the Service Provider is aimed exclusively for proper performance of the Account Agreement and Agreements, as well as the proper performance of services provided electronically by the Service Provider.
With the User’s consent, the Service Provider may process its personal data for information and marketing purposes. The User’s consent to process personal data for marketing purposes does not condition the possibility of concluding the Agreement with the Service Provider. The Agreement can be withdrawn at any time by submitting an appropriate statement of the User to the Service Provider. For example, this statement can be sent to the Service Provider via e-mail.
The User has the right of access to personal data, correct them, the right to stop data processing and the right to demand their deletion.
In order to create the Account, conclusion of the Contract in Application, as well as use of services, it is necessary to accept the provisions of Regulation.
In matters not regulated herein, the generally applicable law shall apply, including in particular the provisions of the Act of 23 April 1964 on the Civil code (Journal of Laws 1964, No. 16, item 93 as amended), the Consumer Rights Act and the Act of 18 July 2002 on rendering electronic services (Journal of Laws 2013, item 1422).
In case of any disputes arising between the Service Provider and a User who is not a Consumer regarding the conclusion, interpretation, performance and legal consequences of the Account Agreement and the License Agreement, the Parties shall in good faith undertake negotiations aimed at amicable settlement of the dispute. If the dispute is not resolved by negotiation, the Parties shall resolve the dispute to the Arbitration Court of Central Poland at the Lodz Chamber of Industry and Commerce in Lodz in the manner set out in its regulations in force on the day the claim was filed.
The Service Provider may change these Terms and Conditions for important reasons. Users will be notified of any changes to the Terms and Conditions by sending a message to the e-mail address indicated in the Registration Form within 14 days before the amendment of Terms and Conditions comes into force. The User accepts or refuses to accept the amended Regulation. In case of non-acceptance of the amended Terms and Conditions, the User shall terminate the Account Agreement and the License Agreement with immediate effect.
The User being a Consumer has the possibility to use out-of-court methods of handling complaint and pursuing claims. Detailed information on the possibility for the User being a Consumer to use out-of-court methods of handling complaint and pursuing claims, as well as the rules of access to these procedures are available in the registered offices and on the district websites (municipal) of consumer ombudsman, social organizations, which statutory tasks include consumer protection, provincial commercial inspectorates and on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl). The User being a Consumer can use the online dispute resolution platform (ODR) available at http://ec.europa.eu/consumers/odr/.
The Regulation is in force from [01.01.2019].
[City and Date]
[Full name and address of the User]
[Address, phone, e-mail]
STATEMENT ON THE WITHDRAWAL FROM THE AGREEMENT
I the undersigned [Full name of the User] give notice that I withdraw from the agreement [determining the agreement].