Offer on the conclusion of an agency agreement with carriers (drivers):

ByCar online booking service (agent) places an offer for concluding an agency agreement with carriers on the following conditions.

By agreeing to the terms of this offer, the carrier fully and unconditionally accepts all its conditions.

1.     The agent places on its website a booking system for transfer services provided by carriers, and makes a reservation, amendments and cancellation of requests for booking of such transfer services.

2.     Transfer services are provided by carriers. The carrier guarantees that its activities in the transportation of passengers and luggage comply with the laws of the country at the place of its location and its activities, and assumes all risks associated with the violation of this guarantee.

3.     The carrier is fully responsible for having all the documents and permits for the provision of transfer services required in accordance with the legislation of the country in whose territory the service is provided.

4.     The carrier is required to have a valid insurance policy that covers damage caused to life and health of passengers, as well as property of passengers and/or third parties.

5.     If the transfer service causes any damage to life, health, property of the passenger(s) and/or third parties and the carrier does not have a valid insurance policy covering this case, the carrier is personally fully liable to the passenger(s) and/or third parties.

6.     If the carrier engages a third party in providing the transfer service, the carrier is fully responsible for the improper provision of the service by such thrid party, as well as for the latter having the right to provide such a service confirmed by the necessary documents. The amount of responsibility of the carrier in this case is the same as if the carrier provided the service independently, without the engagement of third parties.

7.     The agent collects all fines, forfeits, losses, compensation from the carrier, regardless of legal relations and the state of mutual settlements of the carrier with the third party involved in the execution of this agreement.

8.     The agent can transfer to the carrier personal data of the customer: name, contact phone number, etc. The carrier understands and acknowledges that the personal data of customers is transferred to the carrier only and exclusively for the fulfillment of its obligations to perform the transfer service, and agrees to comply with all requirements for the storage and use of such data, and also assumes full responsibility for compliance with such requirements.

9.     The carrier is fully responsible for the improper execution of the transfer and is independently responsible for the claims of customers and passengers, including, but not limited to cases of failure to appear, delay in transfer and other violations of the conditions of the order.

10.  Losses incurred by the agent in connection with the violation by the carrier of obligations under this agreement are fully attributable to the carrier.

11.  The agent is not responsible for the actions of carriers, including in cases of non-performance or improper performance by carriers of the obligations stipulated by this agreement, as well as in case of damage to the life and health of passengers in the event of an accident (including if the carrier’s fault is not established). Responsibility for causing damage to life and health of passengers in the event of an accident is regarded as part of the liability and liability insurance of the vehicle owner in accordance with the legislation in force in the country of the transfer.

12.  The agent has the right to transfer its obligations under the agreement concluded on the basis of this offer to third parties, involve third parties in the execution of the agreement without obtaining the consent of the carrier.

13.  By providing the agent with any documents, information, the carrier agrees to the transfer of these documents, information to third parties, when the request comes from state and other authorized persons (banks, payment systems, etc.), as well as the agent’s partners with whom the latter concluded an agreement implying the possibility of requesting these documents. Except as provided for in this paragraph, the agent undertakes to maintain the confidentiality of the documents submitted and not to distribute them for purposes that go beyond the fulfillment of obligations under the agreement.

14.  Any information received by the carrier in the process of cooperation with the agent is confidential. The carrier assumes obligations for its non-disclosure.

15.  The place of conclusion of the agreement on the basis of this offer is Moscow, Russian Federation.

16.  An agreement concluded on the basis of this offer is valid from the moment of its conclusion until the parties fully fulfill their obligations.