“Daytrip” means DAYTRIP EUROPE Ltd., 3 Gower Street, London, United Kingdom, WC1E 6HA, operating in Czechia through its registered branch DAYTRIP EUROPE Ltd - odštěpný závod, Id. No. 06160531, Běhounská 5/18, Brno-město, 602 00 Brno, Czechia.
“Driver” means an independent provider of transport services available for booking through the Platform.
“User” is anyone who visits or otherwise uses the Platform, in particular anyone who makes the booking through the Platform.
“Traveller” is anyone who is going to use the transport services booked through the Platform (this may include the User).
Daytrip provides booking services (“Booking Services”) allowing the User to book a selected ride with a Driver (“Transport Service”) and to pay to the Driver for the Transport Service. The Transport Service is provided to a Traveller directly by a Driver who accepted the booking, as an independent service provider. Daytrip does not provide any Transport Services. Daytrip is not a payment services provider. Daytrip provides the Booking Services to Users for free, the User only pays to Driver for the Transport Service. Daytrip gets provision from Drivers for Transport Service booked through the Platform, based on a separate agreement between the Driver and Daytrip.
Users make the binding booking of the Transport Services through the Platform by selecting the place of departure, destination and date and time of the departure, payment method and confirming the order. If available, the User may also select the places on the route where the Driver will make a pause during the trip. In the booking, the User must identify at least one Traveller and any kids under 12 in order to participate in the trip, and must provide User’s email address and other details indicated in the booking form or otherwise requested by Daytrip. Subject to availability of a Driver, Daytrip will confirm the booking (“Booking Confirmation”) by one of the following means: (i) Trips with departure more than 48 hours from the booking are confirmed immediately at the booking; (ii) trips with departure less than 48 hours from the booking are confirmed by a follow-up email from Daytrip confirming that Daytrip was able to arrange a Driver. Following the Booking Confirmation, the User must immediately pay the fee for the Transport Service by Daytrip deducting the payment from the debit/credit card registered at the booking, unless the User and Daytrip agreed that the User shall pay in cash to the Driver. If card payment is selected and the User does not pay for the Transport Service immediately after the Booking Confirmation (for example if the payment exceeds the card’s limit), Daytrip is allowed to cancel the booking on behalf of the Driver by an email sent to the User. The User is allowed to cancel the Transport Service by an email sent to Daytrip at least 24 hours before the confirmed time of departure with a full refund. The Driver will refund the User the full paid price for such cancelled booking within 14 days from the cancellation. Neither the User nor the Traveller is entitled to any refund if the User cancels the Transport Service less than 24 hours before the confirmed time of departure or if the Traveller does not use the Transport Service (unless the Transport Service was not available due to the fault of the Driver or Daytrip as described below or unless required by applicable mandatory law). The following applies to cash payments: If the User cancels the Transport Service less than 24 hours before the confirmed time of departure or if the Traveller does not use the Transport Service (unless the Transport Service was not available due to the fault of the Driver or Daytrip as described below), the User must anyway pay the full fee for the booked Transport Service immediately upon being notified for such payment by Daytrip.
The Driver (or Daytrip on behalf of the Driver) shall contact the User in order to agree the detailed pick-up place of departure (such as the detailed address within the selected city) well in advance before the confirmed time of departure (unless the detailed pick-up place was stated already in the booking). The User (whether directly or on behalf of the Traveller) concludes the agreement on Transport Service with the Driver upon the later of (i) Booking Confirmation and (ii) Daytrip informing the User about the Driver’s name. Daytrip is not a party to such agreement. Daytrip only represents the Driver in communication with the User about the Transport Service based on a separate agreement between the Driver and Daytrip. Daytrip never acts on behalf of the User or Traveller. The Driver provides the Transport Services as an irregular transport service between various European and other global destinations based on the prior booking by the User. The Driver may provide also other services ancillary to the Transport Services (such as providing the Traveller with basic information about the places visited during the trip). The Driver does not provide any additional services unrelated to the Transport Services. Neither Daytrip nor the Driver provide travel agency services.
Cancellation by Traveller: If the Driver does not appear within 30 minutes after the agreed time, the Traveller shall call Daytrip to notify the delay. If Daytrip does not arrange for the Driver or an alternative transport within additional 30 minutes after such call, the Traveller may cancel the Transport Service by a call to Daytrip informing them of the cancellation. In such case the Driver will refund the User the full paid price for such cancelled Transport Service within 14 days from the cancellation. This is the sole remedy available to the User and the Traveller for the failure to provide the Transport Service.
Cancellation by Driver: Travellers must be at the agreed pick-up place at the agreed pick-up time. If the Travellers are not ready to leave for the trip within 30 minutes after the agreed time (no matter whether it is because they do not appear or for other reasons), the Driver may cancel the Transport Service by means of leaving the agreed pick-up place without any claim for refund by the User or Traveller.
Termination of the trip: If the Driver is not able not complete the trip until the later of (i) six hours after the estimated time of arrival in the final destination and (ii) double of the time estimated for the total trip, both the Traveller and the Driver can terminate the Transport Services with immediate effect. In such case, the Driver will refund the User the full paid price for such terminated Transport Service within 14 days from the termination unless agreed otherwise between the Driver and the Traveller (for example unless agreed that the Driver will arrange an alternative transport). This is the sole remedy available to the User and the Traveller for the failure to complete the Transport Service.
Timing and arrivals: While Drivers shall undertake their best effort to arrive at the destination (and sights, if booked) at the estimated time, neither the Driver nor Daytrip makes any warranty to Users about the time of arrival at the destination or sights.
Limitation of liability: Daytrip shall not be liable for any loss or damage arising as a result of the Transport Service. The Driver’s liability for any loss or damage arising as a result of the Transport Service shall be limited to the amount of the fees paid by the User for the Transport Service.
Rules of Conduct: Travellers must act reasonably and with good manners during the trip and not to interfere with the driving. Travellers must take reasonable care not to damage or make the car dirty. Travellers can take the pets to the car only if agreed so by the Driver. Drivers must act reasonably and with courtesy during the trip.
To process the payment from User to Driver, Daytrip uses the payment services provider MANGOPAY SA. By making the payment via the Platform (except if paid via a Third Party Platform), the User agrees to Mangopay terms and conditions, to the extent applicable.
A User must not change any part of the Platform without the prior written consent of Daytrip while all rights are reserved in relation to any registered and unregistered trademarks, copyright protected work or other intellectual property which appear on the Platform. The Platform or any portion of the Platform may not be reproduced or otherwise exploited for any commercial purpose without the prior written consent of Daytrip. No person is entitled to systematically extract any part of the contents of the Platform without the prior written consent of Daytrip.
Identification and contacts: The Platform as a point of sale of the Transport Service is operated by Daytrip (DAYTRIP EUROPE Ltd., 3 Gower Street, London, United Kingdom, WC1E 6HA, operating in Czechia through its registered branch DAYTRIP EUROPE Ltd - odštěpný závod, Id. No. 06160531, Běhounská 5/18, Brno-město, 602 00 Brno, Czechia, tel. +442033181119, email: firstname.lastname@example.org).
Fees: Drivers provide their Transport Services to Users for fees stated in the Booking Confirmation which is based on the price stated on the Platform for the indicative booking made by the User adjusted for any additional changes to the trip agreed by the User. The payment is processed in a currency stated in the Booking Confirmation. Daytrip provides the Booking Services to the Users free of charge. The Drivers are not VAT payers, unless expressly indicated otherwise.
Mandatory cancellation right: Any User using the Platform as a consumer for a private use may cancel the booking and the agreement on the Transport Service within 14 days from the Booking Confirmation by email sent to email@example.com. This does not apply if the User instructs the Driver to provide the Transport Service already within that 14-days period. The Driver starts to provide the Transport Service already 24 hours before the agreed start of the trip by preparing of the car for the trip (if the period between the Booking Confirmation and the agreed start of the trip is shorter, Driver starts to provide the Transport Service already from the Booking Confirmation). If such start of the Transport Service falls within the 14-days cancellation period, the User expressly instructs the Driver by the virtue of the Booking Confirmation to provide the service before the expiry of the cancellation period and acknowledges that such User is no longer allowed to cancel the Transport Service. In no circumstances may the User cancel the Transport Service less than 24 hours before the agreed start of the trip. If User rightfully cancels the Transport Service, the Driver will refund the User the full paid price for such cancelled Transport Service within 14 days from the cancellation.