General Terms and Conditions - Messier s.r.o. %>

1. Introduction

1.1
These General Terms and Conditions (the “GTCs”) provide for the mutual rights and obligations associated with the use of the Services provided by the Provider, for certain terms of the Transport Agreement entered into between the Supplier and the User as well as for certain other related rights and obligations.
1.2
By installing the Application into the end device (a PC, tablet, smart mobile phone), the User grants its consent to these GTCs and the Personal Data and Privacy Protection Policy of the wynston.sk Application (the “Privacy Protection Policy”) available at the Web of the Operator and in the Application, by confirming its will to be bound by the provisions of the GTCs and the Privacy Protection Policy available at the Web of the Operator and in the Application.
1.3
The Operator wishes to notify the User and the Supplier as data subjects whose personal data is processed through the Application that by installing the Application and expressing their consents to the wording of the Privacy Protection Policy when installing the Application, they also express several consents to the processing of their personal data necessary for the correct use of the Application in accordance with these GTCs. For more information about this, please see clause 4A of the Privacy Protection Policy. The Operator does not condition the use of the Application by its acquiring the consent to the processing of personal data for marketing purposes. The data subject grants its consent to the processing of personal data for marketing purposes at all time separately and independently of the consents to the processing of personal data necessary, according to clause 4A of the Privacy Protection Policy, for the correct use of the Application in accordance with these GTCs.
1.4
Any legal relationships not explicitly provided for by these GTCs are governed by the applicable laws of the Slovak Republic, unless provided for otherwise.

2. Interpretation

2.1
Transport Price means the consideration for transport in accordance with the Transport Agreement expressed in financial terms.
2.2
Operator means Messier s.r.o., with its registered office at Grösslingová 7152/5, 811 09 Bratislava, Identification No.: 123 124 14 , registered in the Commercial Register of the District Court. The Operator is legally responsible for the content of the Web and the Application through which it provides the Services. The Operator is not an operator of transport services, a taxi service or a transport services dispatch service; the sole purpose of its activities is the intermediation of entering into the Transport Agreement.
2.3
User means a natural or legal person who performed the Registration and is using the Services.
2.4
Agreement means the intermediation agreement under Section 744 et seq. of the Civil Code, as amended, entered into by and between the User and the Operator on the basis of the Registration and the use of the Services.
2.5
Transport Agreement means the agreement entered into between the User and the Supplier providing for the transport of persons by motor vehicles operated by the Supplier.
2.6
Supplier means the end provider of personal transport who confirmed and agreed to provide transport on the basis of the Purchase Order submitted by the User through the Application.
2.7
Application means the wynston.sk application, an information society service, that is provided through a comprehensive software solution for mobile telephones.
2.8
Registration means the filling-in and sending of an electronic form containing personal data of a natural person or identification data of a legal person who by consenting to the GTCs and the Privacy Protection Policy is expressing its interest in using the services and enters into the Agreement with the Operator.
2.9
Services means the intermediation of the provision of transport services by the Supplier to the User under the Transport Agreement entered into on the basis of the Purchase Order and its acceptance, communication with the Operator or the Supplier. The Services are provided solely as information society services under Act No. 22/2004 Coll. on Electronic Commerce, as amended.
2.10
Web of the Operator means the website wynston.wise.limo.
2.11
Warranty Claim means the invoking of liability for defects of the transport services provided by the Supplier.
2.12
Purchase Order means the proposal to enter into the Transport Agreement sent by the User to the Supplier through the Application or the Web of the Operator.
2.13
Acceptance means the acceptance of the Purchase Order (proposal to enter into the Transport Agreement) of the User by the Supplier through the Application or the Web of the Operator.

3. Contractual relationship

3.1
The Agreement provides for the intermediation of personal transport for the User through the function available at the Web of the Operator or through the Application as well as the provision of other kinds of Services.
3.2
The Agreement is entered into when the User consents to the GTCs and completes the Registration. By completing the Registration, the User who is a natural person represents to be at least 18 years old and to have full legal capacity.
3.3
The Agreement provides solely for the intermediation of the transport of persons, in the form of intermediation of entering into the Transport Agreement by and between the User and the Supplier.
3.4
The intermediation and other kinds of Services are rendered solely as information society service under Act No. 22/2004 Coll. on Electronic Commerce; the Operator is not the ultimate provider of personal transport.
3.5
The Application can do downloaded and the Web of the Operator used free of charge. The personal transport is provided on the basis of the Transport Agreement and is subject to a charge in accordance with the provisions regulating the Transport Price and information specified in the Purchase Order and in the Acceptance.
3.6
The User may use the Services, in particular in the form of the use of the functions, the search functionality, issuance of the Purchase Order, its dispatch and the confirmation of performance of transport on the basis of information specified in the Purchase Order.
3.7
The User must refrain from infringing on any intellectual rights and copyrights associated with the making of the Web and the Application, their functions, brand names, logos, design or software solutions and program codes of the Application.
3.8
The User may not damage the operation and structure of the Web or the Application by circumventing or breaching the security measures, uploading files containing viruses or harmful programs, attempting to enter user accounts of other Users without their authorisation or performing unfair or unlawful acts violating laws or infringing on the rights of the Operator or the Supplier.
3.9
The Operator may unilaterally terminate the Agreement if the acts of the User materially breach the provisions of these GTCs.
3.10
The User may rescind the Agreement within 14 days from the date of its successful Registration. Rescission of the Agreement does not result in the cancellation of the Transport Agreement that has already been entered into.
3.11
The Operator has the right vis-à-vis the User to use the Application to make sure that the Transport Price charged by the Supplier is correct and justified, using the geo-location data generated during the process of fulfilment of the Purchase Order. The related legal relationships are regulated in more detail by the Privacy Protection Policy.

4. Purchase Order

4.1
Purchase Order is a proposal to enter into the Transport Agreement addressed to the Supplier, through the intermediation of the Purchase Order by the Operator. A Purchase Order is made, sent and intermediated through the Web of the Operator or the Application.
4.2
A Purchase Order contains in particular information about the type of the motor vehicle to be used for the transport, the number of persons to be transported, the place and time of entering the vehicle to be transported, the route and the place of completion of the transport.
4.3
The Purchase Order is made and sent using the electronic form provided on the Web of the Operator or in the Application.
4.4
By properly making and sending the Purchase Order, the User gives the Operator a binding instruction to intermediate the entering into of the Transport Agreement with the Supplier on the basis of information specified in the Purchase Order.
4.5
On sending the Purchase Order, the User becomes obliged to pay for the transport services. The User remains obliged to do so even if it does not use the transport services. The terms of payment of the Transport Price where the Purchase Order has been cancelled by the User will be agreed to between the Supplier and the User separately.
4.6
The Operator will confirm the Purchase Order immediately after its delivery through the Web of the Operator or the Application.
4.7
The Transport Agreement is entered into in a binding manner on the Acceptance of the Purchase Order by the Supplier.
4.8
The User is entitled to the provision of the ordered transport in a timely and effective manner on the basis of an entered-into Transport Agreement, in accordance with the information specified in the Purchase Order. At the same time, the Supplier is entitled to be paid the price of the ordered transport in accordance with the Purchase Order.
4.9
If, during the transport, the User changes the information regarding the route of the transport as specified in the Purchase Order, the Transport Price will be recalculated; the Supplier must notify the User and the Operator of this change through the Application. The transport can take place in accordance with the changed information only after the User approved it through the Application or the Web.

5. Transport Agreement

5.1
The Transport Agreement provides mainly for the transport of persons from the place of entering the vehicle to the place of completion of the transport as well as for the performance of other performances specified in the Purchase Order and confirmed in the Acceptance performed by the Supplier for financial consideration.
5.2
The Transport Agreement is a separate contractual relationship between the User and the Supplier; the Operator is not a party to the Transport Agreement and takes no part in its performance.
5.3
By entering into the Transport Agreement, the User becomes entitled to be transported in accordance with the information specified in the Purchase Order. The Supplier becomes entitled to be paid the Transport Price upon entering into the Transport Agreement regardless of whether the transport has been performed or not; this shall not apply if the transport has not taken place for no fault of the Supplier.

6. Transport Price

6.1
The estimated amount of the Transport Price charged for the performance of the transport of persons is part of the Purchase Order; the User is informed about its amount both before sending the Purchase Order and in the confirmation of the Purchase Order. The final amount of the Transport Price is confirmed by the Supplier after completion of the transport.
6.2
The final amount of the Transport Price is determined on the basis of:
  1. the length of transport (distance travelled during the transport),
  2. the fact whether the transport is supposed to take place within 4 (four) hours after the Purchase Order has been sent,
  3. the place of entry into the vehicle,
  4. the time of entry into the vehicle,
  5. the selected type of vehicle,
  6. the number of subsequently specified stops, changes of the route, and interruptions of the transport,
  7. the fact whether luggage, child seats, refreshments, newspapers, wifi connection as well as other extra performances are part of the transport.
6.3
The Transport Price may be paid:
  1. in cash handed over to the Supplier against a tax document issued by the Supplier and the confirmation of the Transport Price through the Application or the Web of the Operator,
  2. by a payment card through the virtual payment gate available on the Web of the Operator or in the Application,
  3. by paying the invoice issued to the User by the Supplier, subject to the agreed-to maturity, provided that it was specifically agreed so with the User.
6.4
The Transport Price is determined by the Supplier.

7. Warranty Claim

7.1
The User must make a Warranty Claim with the Supplier; resolution of the Warranty Claim is governed by the contractual terms of the Supplier.

8. Disclaimer

8.1
The Operator is not responsible for a continuous provision of the Services and their uninterrupted availability through the Web or the Application where objective and unavoidable technical obstacles or other facts make it impossible for the Operator, for no fault of the Operator, to provide the performance. However, the Operator must use its best efforts in order to provide for the availability of the Services and the prompt resolution of any obstacles.
8.2
The Operator is not liable for any damage or harm suffered as a result of any interruption or termination of provision of the Services.
8.3
The Operator may at any time terminate the provision of the Services and the operation of the Web or the Application or a part of them; this does not apply to the provision of the Services under the Transport Agreements that have already been entered into.
8.4
The Operator is not liable for the performance of transport by the Supplier or for any claims associated with it.
8.5
The User acknowledges that the Transport Price displayed in the Application when making the Purchase Order is only indicative and may differ from the final price requested by the Supplier after the provision of the transport service. The User must verify the correctness of the displayed Transport Price with the specific Supplier (driver) through the Application in which the Supplier will confirm the final Transport Price.
8.6
The Operator is neither storing nor processing any data regarding the payment card of the User. The User is responsible for, and subject to the risk associated with, the implementation of unsecured, fraudulent or risky transactions. The Operator reserves the right to change the certified provider of payment services.

9. Resolution of complaints

9.1
The User who is a consumer may contact the Operator in order to deal with a complaint associated with the provision of the Services by delivering its complaint to the postal address or e-mail address of the Operator.
9.2
The User who is a consumer may contact the Operator with a request for remedy if it is not satisfied with the manner in which the Operator resolved its complaint or if it believes that the Operator violated its rights. The User may submit an application for an alternative dispute resolution with an alternative dispute resolution entity if the Operator rejected its request under the preceding sentence or failed to respond to the request within 30 (thirty) days from the date of its dispatch. The User is submitting the application with the relevant alternative dispute resolution entity, without prejudice to the User’s right to refer to a court. The application may also be submitted through the platform for alternative resolution of consumer disputes available at https://webgate.ec.europa.eu/odr/main/?event=main.home.show

10. Changes to the GTCs

The Operator reserves the right to change these GTCs at any time during the term of the Agreement or the use of the Services. The Operator will announce the change to the GTCs through the Web or a notice through the Application.

11. Supervision authority

The supervision authority of the Operator is:

Inspectorate of the Slovak Trade Inspection for the Bratislava Region (Inšpektorát SOI pre Bratislavský kraj)
Supervision Performance Department (Odbor výkonu dozoru)
Prievozská 32, P.O. Box 5
820 07 Bratislava 27
Slovak Republic
In Bratislava 9th October 2019