Latest Updated: 01.08.2022
HOW INTUI WORKS WITH TRANSPORT COMPANIES.
What Intui does and what it is responsible for
Intui provides the Transport Company with the Personal Account and its interface on the Website.
Intui finds the Client for the services of the Transport Company.
Intui collects the Client's complete information to fulfill the order.
Intui sends a Booking to the Transport Company.
Intui offers its potential Clients the services of each Transport Company separately from the offers of other companies.
Booking of the Transfer service is made only at one Transport Company.
One order = One Transport Company receives reservations. Intui does not offer the same-booked order to other transport companies at the same time. Intui is not an auction for the sale of orders to transport companies. If the transport company receives a Booking from Intui it is directed only to her and not to any of the other Transport Companies
Intui acts as the guarantor of payment for the executed Order to the Client - Intui transfers the payment to the Transport Company, as well as the late cancellation fees. The payment procedure is detailed in the Agreement.
Intui acts as a guarantor to the Client for the performance of the Transfer by the transport company in full and in quality. Intui conducts proceedings on complaints received by Clients. In cases where the Transport Company does not provide the Transfer or the service is of low quality by the fault of the Transport Company, Intui will pay refunds to the Customers at the expense of the Transport Company. The responsibility of the Transport Company is set out in more detail in the Agreement.
What Transport Company does and what it is responsible for
Transport Company fills its information about its services in the Personal Account, including:
1) types and brands of means intended for the carriage of passengers and baggage;
2) routes operated by the company
3) price for services
4) availability/unavailability in the calendar of passenger vehicles for booking
The Transport Company must verify the Directed Booking and execute the Order.
The Transport Company does not have the right to decline, not to accept the Directed Booking, and/or not to fulfill the previously accepted Order. The exceptions are the cases listed in the Agreement.
Intui determines the cost of the order (transfer services) and its quality characteristics (class, type of passenger facility, included services) based on the price specified by the Transport Сompany in the Personal Account on the Website.
The transport company is fully responsible for:
- updating its price on the Website,
- updating a calendar of availability/unavailability of vehicles,
- any other information describing the qualitative and quantitative characteristics of the services provided in the Personal Account on the Website
- fulfillment of the orders in full volume and quality, with observance of the current norms and rules of legislation applied at the place of performance of orders.
If you still have questions after reading this entry and the Agreement, please send questions, and suggestions to supply@intui.travel
Agreement 1. Terms of Service
1.1. EASYUPTUR LLP, (the “Intui”) carries on the business of a disclosed agent, represented by its Director, and Executive provider "Intui travel France" SAS (France), provides an online platform of a possibility to use our trade system Business-to-Customer within the personal services Term and according to the provisions of the terms of use at our online-site (defined below).
By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Agreement "), whether or not you become a registered Supplier of the Transfer of Services. These Terms govern your access to and use of the Site (defined below), Application and Services, and all the Content (as it is determined below) and your participation in the reference program (defined below) and constitute a binding legal Agreement between you and Intui. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application, or Services.
1.2. Purpose
The Site https://fleet.intui.travel/en/ and Supplier account are intended solely for any person or legal entity, conducting commercial activity in the field of provision of the services on passengers transportation by motor transport, and meeting the requirements established by the legislation at his/her location and/or place of activity performance, in relation to such an activity. Any access to or use of the Site, Services by anyone such as non-company or not licensed on passengers transportation one is expressly prohibited. By accessing or using the Site, or Services you represent and warrant that you are an authorized person.
If you accept or agree to these Terms (Agreement ) on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such a case, “you” and “your Supplier” (defined below) will refer and apply to that company or other legal entity.
1.3. General Terms
EASYUPTUR LLP (hereafter Intui ) - is the owner of websites http://fleet.intui.tavel, https://en.intui.travel (hereafter Site ), related Mobile Application and Services.
Intui act as an Agent by fully disclosing the name of the Principal.
Intui provides the Principal hereinafter referred to as Supplier (defined below) and the Customers (defined below) with the services for Searching and Booking the transfer services of the Supplier with Prices, Policy, Conditions of the Supplier.
Supplier - is a Transport or Transfer company with its own or rented fleet. The Supplier can be any person or a legal entity, conducting entrepreneurial activity providing services for passengers transportation by motor transport, and meeting the requirements established by the legislation at his location and/or place of activity performance, in relation to such activity.
Supplier account - is a part of the Site which contains Supplier ID (identification information) and information and the supplying company and its Services
Customer – is a person or persons or a company, purchasing and consuming the Transfer Service on the Site.
Transfer service - means bringing a passenger/ passengers and delivering his/their luggage from the Departure point to the Destination point arranged by the Supplier. Transfer means meeting the passenger at the departure point with the plate (where the name of the Supplier or Intui or name of the passenger are mentioned), assistance to deliver and placing the passenger's luggage, deliver the passenger to the Destination point in time.
Booking – is reserving such resources as passengers transport and the others, that needed to be provided in order to have Transfer service performed according to the date and time mentioned by the Customer, booking the service while making the reservation order.
Rules (hereafter the Qualities of a good company ) - are Intui requirements to the Supplier performing passenger transfer services, it is an integral part of the Offer
Regulations – are an integral part of the Offer
It describes the order, time, and completeness of information exchange and cooperation of the Supplier and the Intui in the course of:
-Intui services to the Supplier
-Customer services from Supplier to the Customer
Content - information about the transport company, including licenses, insurance, cars on which the transfer service is performed, terms of service execution, description of services, price, unavailability/availability of cars, photos, etc.
Order - is a completed reservation by the Customer of the Transfer services at the Intui system. It has a unique number assigned with Intui.
Voucher is a document confirming the Order. It is the result of the completed booking of the Transfer Services for the Customer. A voucher is a warranty of the provision of the service to the Customer from the Supplier in accordance with the characteristics indicated in the voucher.Cost of Transfer Services- this is the Value that the Supplier has set up at the Supplier account for the Price on the route and price of additional options.Fee - is a sum to be paid to Intui travel for its Service by the Supplier.Net cost of order - is an amount equal to the amount remaining as the result of the Intui fee subtracted from the Cost of Transfer Services
Registration and Review Service Cost means the cost incurred by Intui in the course of certifying and reviewing data and information submitted by a Supplier based on the Supplier’s application.
1.4. Services provided by Intui
Intui is an online-site website trade platform of the Transfer services/tourist transfer services/transport service for the Suppliers and Customers, made for the purposes of organizing Transport arrangements. This site contains an integrated and automatic connection system in order to simplify the connection between the Supplier and Customer as well as numerous functional features of management of and control over all current business operations. This site search and attracts Customers to book Transfer services of the Supplier. To attract the Customers Intui looks for the relevant transfer routes with a vehicle and provides the service to book a Transfer service to the Customers. This Site, Application, and Services contain an online platform through which the Transfer company may create Routes for transport arrangements and Customer may learn about and book directly with Supplier.
1.5.Modification
Intui reserves the right, at its sole discretion, to modify the Site, Application, or Services or to modify this Agreement, including the Service Fees, at any time and without prior notice. If we modify this Agreement, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the beginning of this Agreement. By continuing to access or use the Site, Application, or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Site, Application, and Services.
2. Rights and obligations of parties
2.1. The Intui has the following rights:
2.1.1. Do not offer the Customer to reserve a Transfer service of the Supplier, if the content in the Supplier Account is partially missing (not completely filled) and/or does not comply with paragraphs 2.4.1. of this Agreement. If the content in the Account Supplier is partially missing (not completely filled) and/or does not comply with paragraphs of Terms 2.4.1. Within 30 or more days of getting the ID of the Supplier, Intui has the right to remove the Supplier Account and content of the Supplier without prior notice. If your Supplier Account has been removed, Intui is not obliged to return the Transfer Company any content that Supplier placed in the Supplier Account, including, without limitation, any feedback or reviews.
2.1.2. Intui In the process of execution of the Terms of this Agreement has the right to attract third parties to fulfill its obligations without the consent of the Supplier.
2.1.3. Intui has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Intui may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Intui or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our Terms with Suppliers, such as these Terms (see https://fleet.intui.travel/en//en/fleet-agreement-en/) (iii) for fraud prevention, risk assessment, investigation, customer support, product development, and debugging purposes, or (iv) protect the rights, property or safety of Intui, its Suppliers, or members of the public. You acknowledge that Intui has no obligation to monitor your access to or use of the Site, Application, Services, or Collective Content or to review or edit any Supplier Content, but has the right to do so for the purpose of operating and improving the Site, Application, and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Intui reserves the right, at any time and without prior notice, to remove or disable access to any Content that Intui, at its sole discretion, considers be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Application or Services.
2.1.4 . Intui has the right to determine independently and without explanation of reasons or any circumstances to anyone, including Supplier, the following
- provide Supplier with access to the Supplier account and its further use WITHOUT charging a fee
or
- charge Supplier Registration and Review Service Cost
2.1.5. For registration and review service cost
Upon payment by the Supplier based on the information submitted by the Supplier Intui shall issue an invoice to the Supplier.
2.1.6. In the event of a successful or Unsuccessful Registration and Review, Intui will notify the Supplier of the reason(s) for the same.
2.2. Intui is obliged:
2.2.1 to provide an option to use the site online-platform by this Agreement as set in grant to the Supplier company account on the site for the fulfill content on the Supplier and the Supplier's services by the fields of the Account. Assign a unique ID, as you must register to create an account (Supplier Account) undertakes all efforts to ensure the correct operation of the Site and the section of the site Supplier Account.
2.2.2. to attract Customers to the Site. To provide the Customer with a service of booking the Transfer Service.
2.2.3. to timely inform the Supplier with received requests from the Customers for services Supplier, transfer bookings, changes, and/or cancellation of reservation under Regulation. Requests for transfer services are made by the Customer in the written form and are sent electronically for the confirmation indicated by Supplier at its Account no later / no less than installed Advanced booking limit time by Supplier before the first date Transfer services indicated in the request.
2.2.4. Intui shall issue a voucher for the provision of Transfer Services of the Supplier upon booking of the Customer. The procedure for the issue and publication of the voucher is set by Regulations.
2.2.5. Intui undertakes to provide a report to the Supplier concerning the bookings of the Supplier committed by the Customers, attracted by Intui. Reports are provided according to the Regulation and the terms of this Agreement.
2.2.6. Intui is obliged to make transfer payments to the Supplier received from Customers for the Transfer services of the Supplier, according to Appendix №1. Taking the payments from Customers and listing entitlements to the Supplier, Intui acts as the paying agent with limited authority to Intui to receive payments from customers for the Supplier.
Intui ’s responsibilities are limited to: (i) facilitating the availability of the Site, Application, and Services and (ii) serving as the limited payment collection Intui of each Supplier for the purpose of accepting payments from Customers on behalf of the Supplier.
2.2.7. Intui is to assist in solving any controversial issues between the Customer and/or Customers and Supplier including the situation of providing/not providing with transfer service by the Supplier, as well as the quality of the given Service.
2.3. The Supplier has the following rights:
2.3.1. Account Registration
In order to access certain features of the Site, and to sell a Transfer Service or create a Listing of Cars, and Routes, you must register to create an account (“Supplier Account”) and become a Supplier. You may register to join the Services directly via the Site https://fleet.intui.travel/en//.
2.3.2 Request from Intui the information concerning the transfer, booked by the Customer/Customers, attracted by Intui.
2.3.3. The Supplier is entitled to change the cost of Transfer services and conditions of the provision of Transfer services without prior notice at Intui. All changes in cost and/or terms of rendering Transfer are to be performed in accordance with the Qualities of a good company, Regulations, and other documents governing the quality, and cost of transfer services to the Customers, attracted by Intui.
If the changes in the conditions of the provision of transfer do not correspond to the current Term, Qualities of a good company, regulations, or other instruments governing the provision of services and the quality of the transfer Customers, attracted by Intui, the Supplier may not post any information about such a transfer in the Supplier Account on the Site.
The Supplier has the right to change prices and terms of service for Transfer only for price at Supplier account. Cost and conditions for the provision of bookings, and orders are not subject to change.
2.3.4. To attract the third parties to provide Transfer Service. In this case, the Supplier bears the responsibility for the third party’s activity just as they were it's own towards the Customer and Intui.
2.3.5 . To decline the Order in case/cases below:
2.4. The Supplier is obliged to:
2.4.1 . to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current and complete. The content should match and fully reflect the transfer service of the Supplier, such as below, but not exclude:must put on the calendar the unavailability of cars for sale at the system;
2.4.2. to have a License or a Certificate or Permits on passenger transportation by motor transport, which meet the requirements established by the legislation at his location and/or place of activity performance, in relation to such activity. And provide copies of such documents to Intui within 5 (five) working days after Intui request the documents.
In the case, the license is terminated (permits and/or other appropriate documentation for the transfer services of the Supplier applicable to the territory of the transfer activity of the Supplier), The Supplier is to immediately stop using the Website / Section. Immediately report it to Intui.
2.4.3. Accept a directional Intui Order(s), and check the details of the Order(s). Execute the accepted Order(s). Reject sent Intui Reservation(s) The order(s) of the Supplier is entitled only in the cases specified in. 2.3.5. of this Agreementnot entitled to cancel a previously confirmed Order except for paragraph 2.3.5 (4) of this Agreement.
2.4.5.The Transfer service shall be provided by the Supplier as below:
In order to provide the Customer/Customers, attracted by Intui with the Transfer Service in each possible case of Transfer order by the Customer in accordance with the Voucher, issued by Intui for this transfer booking.
2.4.6. The Supplier should ensure that there is an available (telephone, e-mail) connection with the Supplier authorized person to accomplish actions on behalf of the Supplier to provide services, including emergency communications. It is to answer all requests from Intui in respect of transfer and/or booking order, including cancellations and/or modifications in full and on time, according to the Regulation.
2.4.7. In the event of a claim from the Customer and/or Customers about the fact of not providing with a Transfer service and/or its quality and if such claims have been sent forward to the Supplier by the Customer of Intui, the Supplier should respond timely, some actions should be performed to conduct the investigation in respect of the claims and inform Intui about the investigation, as well as to provide the Intui with all requested information regarding the investigation of the incident, in the amounts and timing, according to the Regulation
2.4.8 . The Supplier shall be liable under the Terms of this Agreement in cases as below:
1) declined order(s) except in the cases specified in p. 2.3.5. this Agreement
3. Cost and account for services
3.1.1. The amount of the Registration and Review Service Cost specified on the Invoice.
3.1.2. Non-Refundable Policy
3.1.3. The Supplier understands and agrees that he is required to pay Intui the Registration and Review Service Cost for an application about the Intui Account Platform. A one-time cost will be charged per ID.
3.1.4. in the event of an Unsuccessful Registration and Review a Supplier understands and agrees that Registration and Review Service Cost is Non-Refundable
3.1.5. Concerning the fees paid by Supplier for Review, the Supplier shall be entitled to a refund to the extent permitted under applicable law if we fail to supply the relevant service by the Agreement.
3.2.1. The Intui service fee is taken for performing bookings for the Customer, attracted by Intui. The cost of the Intui fee is calculated as some percentage rate to the Cost of Transfer Services.
Intui fee amount is calculated according to the Cost of Transfer Services. Intui set up the fee (commission) rate independently. Information concerning the Intui fee rate is available at the Supplier Account. The Intui fee rate for each Order is stated in the documents circulation concerning Order/Confirmation/ Booking and others in accordance with the Regulations between Intui and the Supplier.
3.2.4. In case the Supplier cancels the Order in accordance with paragraph 2.3.5. of this Agreement, such Order is considered as failed. No payment for such Order/Orders is/are applicable to be paid to the Supplier.
3.2.5. In case there are no Supplier’s claims arising from execution hereof within five (5) days from the Transfer performance, the services provided by Intui in accordance with this Agreement shall be deemed as accepted by the Supplier.
Upon expiry of the indicated period, the Supplier shall have not the right to claim Intui in connection with non-performance or improper performance of the obligations hereunder.
3.2.6. Under the Term of the Agreement between Intui and Supplier shall not be obliged to sign any services acceptance certificates as provided hereby; Intui shall not issue invoices for payment, invoices for the provided services, or formal acceptance documents to the Supplier.
The document specifying all information on transactions relating to execution hereof, for the specified time period, generated in electronic form by any of the Parties hereunder, under the Terms of Agreement between Intui and Supplier shall be deemed to be as the Intui’s report for such time period.
The Intui shall not have an obligation to provide the Supplier with the written report and any other documents relating to execution hereof (services acceptance certificate).
Obligation, as indicated above, may be performed upon written request by the Supplier.
4. Parties' responsibilities
4.1. Intui Responsibilities
4.1.1 Intui shall promptly inform Supplier about the transfer booking with the Supplier, as well as about changes made in the booking by the Customer in accordance with the Regulations.
4.1.2. In case the Customer is responsible to inform the Supplier about the Transfer booking in accordance with the Regulations and the Customer resorts to Intui for assistance, Intui shall assist the Customer to pass on this information to the Supplier.
4.1.3 . In case the Transfer Service was not performed due to Customer/Customers failure as below:
4.1.3.1. the Customer did not appear at the Transfer point (No show at arrival; No show in departure) Intui is to pay the due fines to the Supplier in the amount below
4.1.3.2. The Order was canceled by the Customer later than the transfer booking closing day according to the time terms set by the Supplier in the Supplier Account on the day the booking was performed, and the Supplier levies a fine against the Customer for the late cancellation terms, established by the Supplier at the Supplier’s account and effective (applicable) on the day of creation the booking, Intui is to pay the due fines to the Supplier in amount us below:
4.1.4 Intui is to pass on all booking information to the Supplier(s) and inform Customer/Customers about any Modifications concerning the booking. Intui is not liable to the supplier or any Customer for any illness, injury, death, or loss of any kind arising out of the advertising, provision, or use of the Arrangements. Intui liability is limited to claims which arise solely as a result of negligence on its part and then only in a sum equal to €350. Neither party shall be entitled to claim any loss or profit or similar or equivalent loss from the other party under these Terms.
Supplier Responsibilities
4.2.1. Once the Supplier has the Order, fulfillment of the obligation to provide the Transfer service to a third party (a Customer, passenger), upon conditions specified in such in the confirmed order, and shall be imposed to the Supplier.
4.2.2 . The Supplier is fully liable to the Customer for not performing a Transfer Service or performing an improper Transfer Service in cases as below:to resolve all complaints , inquiries, and disputes AND to compensate for all extra costs and expenses directly to the Customer included: the cost of the new flight or train tickets, local taxi, alternative transfer e.t.c.
4.2.3. The Supplier is fully liable for performing an improper Transfer Service. Which the situations are recognized as improper, exceptions, penalties, and procedures for interactions of the Parties are listed in Regulations .
4.2.4 . In case the Order was declined by Supplier, the Supplier is obliged to
1) pay the fine (penalty) to Intui in the amount of 20% of the price of the Order.
AND
2) pay the difference in value between the Netto-cost of the declined or unprovided Order and the Netto-cost order accepted by the other Supplier.Exceptions according to p.p. 2.3.5. this Agreement.
4.2.5 . In case the Transfer Service to the Customer was failed by the Supplier, payment for such an order would not be provided to the Supplier. The Supplier pays a penalty of 125% of the Cost of such an order. Which situations are recognized as “Transfer is failed”, exceptions, and procedures for interactions of the Parties are listed in Regulations .
4.2.6 . In the case of a previously confirmed Order was canceled by Supplier, No payment for such order is applicable to Supplier and the Supplier is obliged to pay the fine (penalty) to Intui in the rate depending on the conditions listed below
(1) If Intui and/or the Customer is notified by Supplier less than 24 hours in advance of the scheduled pick-up time: the Supplier pays a Penalty for 125% of the Cost of such order.
(2) If Intui and/or the Customer is notified by Supplier between 7 days and 24 hours in advance of the scheduled pick-up time: the Supplier pays Penalty for 75% of the Cost of such order.
(3) If the Intui and/or the Customer is notified by the Supplier more than 7 days in advance of the scheduled pick-up time: the Supplier pays Penalty of 25% of the Cost of such order.
4.2.7. In case (-s) of violation of the Supplier's deadlines for providing answers/information on the client's directed complaint, according to paragraph 2.4.5. this Agreement and part 5. of Regulations, this order is recognized as not performed through the fault of the Supplier and the Supplier shall be liable under paragraph 4.2.5. of this Agreement
4.2.8. The Supplier must pay the compensation, penalty, and refund according to the p.p. 4.2.3., 4.2.4., 4.2.5., 4.2.6. in the order and under the time terms described in Appendix №1 to this Agreement.
5. Confidentiality
5.1. All the Information, concerning Transfer services of the Supplier, and characteristic features allocated on the Site is open and available to any user of the Site and well as any third party, attracted by Intui in order to fulfill this Agreement.
5.2. Commercial and other information concerning personal data and beneficiaries, volumes and scales of booking, orders, and fees is confidential and is not to be disclosed.
5.3. The Parties do their best not to disclose this information by their staff and legal successors to the third party without the prior consent of the Party
5.3.1.Intui in all other cases shall preserve the confidentiality of the data related to the Supplier, which were marked by the Supplier as confidential, and shall use them according to these terms of use. Intui shall be entitled to deviate from these terms if Intui is to disclose the Supplier data on basis of legal or administrative prescriptions.
6. Privacy Policy. Data protection.
6.1. Intui.travel website is a property of "EASYUPTUR LLP" (UK), with its registered addresses at Eastcastle House 27/28 Eastcastle Street London W1W 8DH, UK, and its Headquarter is addressed in France: 919 Chemin le Plaisir, Quintal, Haute-Savoie, France, reg. company number OC367717 complies with data protection legislation such as the Data Protection Act 1998. This regulates the processing of personal data relating to you and grants you various rights in respect of your personal data.
The aim of this statement is to tell you how we will use any personal data you provide through Intui.travel website or Intui app. Please read it carefully before you proceed.
The privacy policy is located at https://en.intui.travel/privacy-policy/ https://fleet.intui.travel/en/ the following conditions complement the Privacy policy located at https://en.intui.travel/privacy-policy/
6.2.3.The Supplier shall take care himself that in certain cases he is to obtain the necessary consent of the employees before publishing personal data of these employees at the online site in the course of determining the Supplier names of the employees or in any other way.
6.3. Data protection.
6.3.1. Each of the parties shall use all reasonable endeavors to procure that its employees, officers, and agents shall comply with all applicable local, regional, and national data protection legislation.
6.3.2. Each of the parties hereby guarantees and warrants that it shall fulfill any and all legal requirements, especially those outlined within a regulation (EU) 2016/679, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (the "GDPR").
6.3.3. Liability. Each Party and Supplier shall be primarily liable for the acts and omissions of its business to the same extent.
Each party would be liable if Processing Personal Data directly under the terms of this DPA.
6.3.4. Each of the parties warrants that it will not do or omit to do anything that would cause the other party to be in breach of the relevant data protection legislation.
7. Resolution of disputes
7.1 Intui and the Supplier will take all measures to settle amicably any disputes, which may arise from or in connection with the present Agreement.
7.2. All claims arising in connection with this Agreement are to be sent in written form according to provision 7.
7.3. The time for examination of a claim is ten (10) working days starting the day received. Dealing with the claim on the quality of performed/ not performed Transfer Service is 7 (seven) working days starting the day the claim is sent to the Supplier’s e-mail.
7.4. Any dispute, controversy, or claim which may arise out of or in connection with the present Contract, or the execution, breach, termination, or invalidity thereof, shall be settled by Arbitration chosen by Plaintiff, in accordance to Arbitration rules and procedures. The applicable law will be determined by the Plaintiff
8. Notices
8.1. The Parties inform each other by means of e-mail.
8.1.1. The electronic address of the Supplier is specified by the Supplier itself in its Account. The electronic address of Intui is info@intui.su
8.1.2. Each of the Parties is obliged daily, twice a day - in the period of validity to check the existence of the new electronic post messages directed by other parties.
In accordance with the Agreement between the Intui and Supplier, any notifications related to the conclusion, alterations, termination, and performance of the obligations hereunder shall be deemed to be properly provided in case such notifications are sent to the e-mail address of the Party hereunder.
The notifications shall be deemed to be received by the other Party at least the next day after such notification was sent regardless of the date and time of actual receiving (view) of such notifications by the other Party hereunder.
Unfavorable consequences risk associated with the failure to receive or receive notifications shall be carried by the Party providing the work with the e-mail address.
8.2. To deliver notices concerning Orders and booking of Orders Intui directs demands and notices to the e-mail addresses specified on the Account of the Supplier with the reference number of the Order. Intui is to respect the deadline and the procedure for notification under Regulation.
To deliver notices concerning Orders and booking of Orders the Supplier directs demands and notices on the e-mail address info@intui.su (Support team Intui) always with a reference number of the Order. The Supplier is to respect the deadline and the procedure for notification under the Regulation.
8.3.The Parties agree that facsimile and other types of documents, received through electronic devices, have the same legal effect as originals. Copies of documents received by the Party will have legal effect until the originals of the documents are received. Parties preferably use electronic documents. If any of the parties require the original documents on paper from the other, it will bear the cost of paying the postal / courier delivery of documents.
8.4. The parties may submit the notification made in writing and sent by registered letter with acknowledgment of a receipt by mail or by a courier to the addresses specified by Supplier at the Account of the Supplier and to Intui using the address at https://fleet.intui.travel/en//fleet_about/fleet_about_company/
9. Amendment and Termination of the Agreement
9.1. The present Agreement is valid after the Supplier confirms its agreement with the conditions of the Terms by putting “ticks” on the Site page while submitting registration rules in the Supplier Account on Intui Site: https://fleet.intui.travel/en//
By making this agreement the Supplier confirms that it is fully capable and competent and bears responsibility for commitments entrusted for the information in its Account to be full and reliable.
9.2. If the Supplier violates the conditions of these Terms and the Appendix, Regulations, and the relevant documents for the proper work of Intui and the Supplier, then Intui has the right to terminate the Agreement unilaterally.
9.3. In case the Agreement is terminated, Intui has the right to block entry in the Supplier’s Account. The information in the Account is passed on in no way.
9.4. Termination of the Agreement by any Party does not release a Party from responsibilities in connection with any made booking, Customers orders including payments, claims examination, and performance of commitments (service) to settle claims received before the Agreement was terminated until the commitment (service) is performed.
10. Other terms and conditions
10.1. The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You acknowledge and agree that the Site, Application, Services, and Collective Content, including all associated intellectual property rights, are the exclusive property of Intui and its licensors.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services, and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not use the Site, Application, Services, or Collective Content for any commercial or other purposes that are not expressly permitted by this Agreement.
10.2.Appendix #1” The cost of Service and payment terms”, Regulation is an integral part of the Offer, and accepting this Agreement, the Supplier declares that he has read and agreed to these Terms and Regulations.
11. Force majeure
11.1 The Parties are not responsible for the partial or complete failure in fulfilling obligations under this Agreement if any force majeure case occurred after this Agreement has been signed, such as flood, fire, earthquake, and other natural phenomena, as well as war, blockade, prohibitive actions of the authorities (prohibition of imports or exports, foreign exchange restrictions, etc.), acts of government, strikes, revolutions, etc.
11.2 In the circumstances specified in paragraph 10.1 of this Agreement, each Party must promptly notify the other Patry about them in writing. The notice must include information about the nature of the circumstances, as well as official documents proving the existence of such circumstances and, if possible, give an assessment of their impact on the feasibility of the Company and of its obligations under the Terms of this Agreement.
11.3 If a Company fails to send or sends the notice referred to in paragraph 10.2 of this Agreement untimely, it shall compensate the losses incurred by the other Party.
11.4 If circumstances specified in paragraph 10.1 of this Agreement take place, the execution of the obligations of the Company under this Term must be extended in proportion to the time during which these circumstances and their consequences exist, except for the Transfer Service obligations of the Supplier towards the Customer.
11.5 The Parties shall take all possible efforts to fulfill their obligations to the Customer. If circumstances specified in paragraph 10.1 of this Agreement take place, the order, time, and result of performing Transfer Service by the Supplier to the Customer is made in accordance with the Regulations.
11.6 If the circumstances listed in paragraph 6.1 of this Agreement and their effects continue for more than two months, the Companies shall hold further negotiations to find acceptable alternative ways of fulfilling this Agreement.
12. Address
Intui
EASYUPTUR LLP (UK) No. OC367717 incorporated 01/09/2011
Legal Address: Eastcastle House 27/28 Eastcastle Street London W1W 8DH, UK
Appendix №1
The cost of Service and payment terms
1. Definition and interpretation
Cost of Transfer Services- this is the Value that the Supplier has set up at the Supplier account for the Price on the route and price of additional options.Fee - is a sum to be paid to Intui.travel for its Service by the Supplier.
Net cost of order - is an amount equal to the amount remaining as the result of Intui fee subtracted from the Cost of Transfer Services.
2. General
2.1. The Supplier Service charge and the Order price are set by the Supplier and the Supplier estimates and indicates this price (charge) in the Account as well as in any relevant documents connected with the Oder in accordance with Regulations
a) 100% prepayment with the use of all services provided by Intui (further-payment scheme №1).
b) Partial prepayment. The Net cost of an order Supplier is receiving from the client for providing a transfer and taking the Customer to his destination (further - payment Scheme №2).
2.3 . Supplier is entitled to use any scheme of payment or both. The Supplier demonstrates its agreement by accepting it with the “tick” in the Supplier Account.Scheme №2 only , the Supplier makes a deposit of 250 EUR to Intui. This deposit is intended to cover losses of Intui arising as a result of non-performance of obligations by a supplier with Penalty payouts according to paragraphs 4.2.3., 4.2.7.
2.5.The Supplier appoints Intui to be a paying agent with limited authority exclusively to get Transfer Service fee from the Customer as well as other payments for benefit of the Supplier, and also payments, connected with performing and/or not performing improper Service in accordance with paragraphs 4.1.3. 4.2.3, 4.2.4 of the Term, from the Supplier for the benefit of the Customer.
2.6. In case the Transfer Service was not done for the Customer/ Customers through the fault of the Supplier, Intui Service is considered to be fulfilled towards the ( with regard to ) Supplier.
2.7 if there is an obligation of the Supplier towards the Customer
Intui is entitled to reduce the sum owing to the Supplier, in accordance with paragraph 3.2. of the Appendix, equal to the sum meant to be paid for compensation and/or penalties.
2.8. Intui is entitled to seek redress from the Supplier and the Supplier should remit the proper sums to be indemnified to the Customer/Customers before the day mentioned in paragraph 2.7. of the Appendix
2.9. All the compensation and penalty money that Intui receives from the Supplier for benefit of the Customer is to be transmitted to the Customer by Intui.
2.10.In case the Customer and/or Customers have obligations towards the Supplier to pay compensations and/or reimburse penalties, in accordance with paragraphs 4.1.3. of the Agreement, Intui remits the money to the Supplier in the amount equal to compensate and/or pay penalties within 30 (thirty) calendar days of the month following the accounting month.
2.11. Intui is entitled to seek redress from the Customer and/or Customer to pay penalties in accordance with paragraph 4.1.3. of the Terms
2.12. Payments between the Companies under this Term are made in Euro.
2.13: In case the Customer/Supplier has an open claim concerning the Order, Intui is entitled to defer the payment until the next accounting period.
3. The payment terms for payment scheme № 1
3.1. Intui will charge the Customer with the Full amount due, the moment the Customer pays for his Order at the Site
3.2 Intui makes payments to the Supplier monthly for all the orders, fully completed in the previous month (with fully provided transfers).
3.3. The total amount of net value of execution of orders made in accordance with paragraph 3.4., as any amounts payable to the appropriate Supplier, or on behalf of the Supplier to the Customers, in order to fulfill the conditions of the Agreement and this Appendix, determined according to the report of the Intui placed in the Supplier account.
In case the Supplier disagrees with the report of the Intui, the Supplier within 7 calendar days of the month following the reporting month shall submit to the Intui a claim with detailed information on the controversial order(s).
3.4. Intui pays by default if a payable is more than 150EUR for the ending period according to paragraph 3.2. this Payment terms.
If the total amount from Intui to Supplier is less than 150 Euros - in that case, the remit will be made within the following month after the payable is exceeded the threshold of 150 Euros.
In order to receive less than 150EUR, the Supplier’s authorized employee has to direct an official inquiry by e-mail.
In this case, a payee bear all charges&fees of a provider of payments for transfer payment according to paragraph 3.6. this Payment terms
Excluding is cases that a Payee receives funds via Payoneer to an international type bank account. The threshold to receiving payment, in this case, is 350EUR.
3.5. Wires of payment from Intui to Supplier
a) via Payoneer
b) via PayPal to a Business Account
c) via a payment system to a Bank account
Payment will be transferred to the details, specified in part “Account details” in the Supplier's dashboard.
In a case when a Supplier indicates two or three ways in the Supplier's dashboard, the priority way will be the Payoneer account.
3.6. The Charges fees for transfer payment shared by parties or bear by a party depending on the amount of payment and type of wire as in the table below.
*Prepaid Debit MasterCard® (powered by Payoneer)
International type the wire to your bank account in a nonlocal currency - another national currency, from that in the country
Also, International type - according to the list (The link for you to find the list of countries where Payoneer can offer local/international wires)
*** If the total amount from Intui to Supplier is less than 150/350 Euros and Supplier wants to receive a payment transfer , the Supplier’s authorized employee has to direct an official inquiry by e-mail. Intui will hold a number of fees of payments system from the payment transfer amount.
****Share - the Payer & Payee share the wire transfer charges (bank code “SHA”).
The orderer's bank (Payer) charges the fees for executing the payment and the beneficiary's bank (Payee) charges the fees for receiving payment. These fees vary greatly from country to country according to the type of payment and indivivdual bank where the payment is received
3.7. Intui is entitled but is not obliged to subtrahend any amount due to the Intui, including Intui Fee in accordance with this Terms and the present Appendix, from any amount due for the Supplier.
3.8. Intui is entitled but is not obliged to subtrahend any amount due to the Customer, in accordance with paragraph 2.1. of the Term, from any amount due for the Supplier.
4. The payment terms for Payment scheme № 2
4.1. Intui will charge the Customer only with Fee and Remuneration at the moment the Customer pays for his Order.
4.2. The Supplier independently and directly charges the customer the Net cost, on the day the service is performed.
If the order is 2 way, inbound and outbound, Supplier should charge separately on the days of transfer each way.
.
1. General terms .
Order -Complete and paid reservation of transfer service having the unique number ID of Intui.travel.
The order contains the conditions of transfer service.
Conditions - are the service characteristics:
1) date and time of transfer service
2) number of passengers and luggage
3) route (object names, their addresses)
4) type of transfer (shuttle, private)
5) type of service (Meet and Great; NMD - No Meet and Great )
6) vehicle class (economy, business, luxury)
7) additional equipment (baby seat, ski equipment, etc.)
8) the cost
The conditions are an integral part of Agreement (Transfer service), according to conditions Supplier agrees to provide transfer service.
Voucher - a document will confirmed the order, will ensure the provision of the booking by Supplier to Customer in accordance to conditions specified in voucher.
Confirmed order - the Customer’s order, whom possibility to perform fully according to conditions specified in voucher, is confirmed by Supplier.
Failed Order - Customer's order is not confirmed by Supplier, do not involve any liabilityfor neither parties.
Request - the request of information and / or a response as to the order and / or booking and any actions related to the actions of the parties in order to pursuant this Agreement.
Working hours of Supplier – timetable of work is specified in Supplier account.
Working hours of Intui - site works round the clock. Working hours of Support are specified on the site.
Time limit - the maximum permissible period of time to carry out any action without a desire to liability for violation of the terms for the party beginning and / or performing the action. (The deadline for ordering, amending the Order, the Order cancellation are specified in Supplier Account).
Order with confirmed changes – order in which Supplier confirmed the changes.
2. Main provisions.
All information about requests for orders: confirmation, changes in Order, cancellation and other information about Orders will sent by Intui to Supplier’s email specified in Supplier Account and be placed in relevant sections of Supplier Account.
For response, namely, sending responses and/or information about order options, Supplier must use types of communication:
1) to send letter to Intui e-mail specified on site and/or in received letter from Intui;
2) to use interface for these purposes in Account.
3. R eservation. Payment. Voucher issue .
3.1 After payment Intui send request to Supplier for Customer’s order to Supplier’s e-mail specified in Supplier Account.
3.2 The Supplier shall be obliged to respond to Intui request on time from the moment of sending the request to the Supplier's e-mail as below
- no more than 30 minutes if there are less than 24 hours left before the start of the service, namely, passengers pick-up time4 hours if there are more than 24 hours but less than 48 hours left before the start of the service, namely, passengers pick-up time12 hours , if there are more than 48 hours but less than 72 hours left before the start of the service namely passengers pick-up time24 hours , if there are more than 72 hours left before the start of the service, namely, passengers pick-up time
If Intui has not received an order confirmation from the Supplier within the specified time before, the order is considered declined . In this case, the supplier is liable in accordance with the clause 4.2.4 of the Agreement
3.3 Supplier shall be obliged to check the following data of Customer order:
1) presence flight and /or flights arrival and /or departure in Timetable of airports and /or terminals, docks and etc., and relevant the data specified in Order and in Timetable;
2) addresses (meeting and delivery of Customers) are located in specified areas (communities and/or other administrative, geographic area, etc.).
3.4 When Supplier send refusal (impossibility of performance) he shall be obliged specify the reason for transfer impossibility and offer own option.
Customer agrees or refuses with transfer alternative option proposed by Supplier.
If Customer will agree with Supplier's alternative options he book a new Order, after thet Intui will issue a new voucher. The Supplier will receive request for a review new Order, the previous Customer's order will canceled without penalty.
In case of Customer refusal with alternative options the Order will canceled.
The accordance and Customer request for new order or refusal will be sent from Intui to Supplier not later time-limit for reservation specified in Supplier Account.
4. Changes to the Order.
The Supplier is obliged to accept and confirm the Customer changes within 2 hours after sending to Supplier e-mail, if it were sent to Supplier not later time-limit for reservation and do not involve value change.
Simultaneously with Supplier confirmation Intui will issue a new voucher.
The Supplier can refuse in modification of the order to Customer, if new data has been received later time-limit for edition the Order and offer to Customer to call himself by phones in voucher.
Intui will send to Customer email specified in Supplier Account request to change the data in Order by Customer, involving the transfer cost change: number of persons, type of vehicle, another resort, additional equipment and etc.
Supplier will obliged to accept request to change the data and give response to Customer about possibility of transfer with new conditions or reject request indicating transfer failure reasons.
If Customer will agree to new conditions he will book a new Order, Intui will issue a new voucher.
Supplier will receive request for new Order, the previous Customer's order will be canceled without penalty.
Simultaneously with Supplier confirmation Intui will issue a new voucher.
If Customer will not agree to new conditions, the Order is saved with the same conditions.
complaints .
5.1 . Customer complaints
5.1.1. In case of Customer claim sending about transfer service not fully and /or not in accordance with confirmed order conditions, Supplier is obliged to consider and send response to Customer complaint within 2 business days .
Supplier has to send the response to claim to Intui and Customer, if the Customer specified data for feedback.
In the case of the continuation to proceed of claim and receiving requests for claims and /or Supplier responses the Supplier will obliged to provide to Intui all information about incident within 24 hours from Intui request is submitted to Supplier's e-mail.
5.2 . The transfer service is failed.
5.2.1 . The following situations are recognized as “Transfer is failed”:
1) The Customer could not find the Driver and after contacting the support service of the Supplier, the Dispatcher, the problem was not solved within 30 minutes.
2) The Driver was late , and the Customer did not use the transfer.
3) The Driver did not arrive in accordance with the schedule information of arrival / departure of flights did not wait for the Customer.
4) The Customer did not use the service (refused to use it) due to the lack of requested and confirmed additional services as paid and as free (e.g. waiting for the Customer in the place specified in the Order, Child Seat, seriously inconsistent car model / car model downgraded, etc.).
5) In case the order NMG (no meet and greet), the Customer did not use the service (refused to use it) due to the lack as below
5.2.2 . Exceptions :
(1) The Customer did not arrive at the arranged pick-up location and / or time.
(2) The Customer has not used the service and has not contacted the Driver, Dispatcher, Supplier, Intui.
(3) The Driver, Dispatcher, Supplier notified the Customer of inability to provide service more than 30 minutes in advance of the scheduled pick-up time and the Driver, Dispatcher, Supplier offered to hire and pay for a taxi for the Customer and the Customer agreed.
(4) The Customer's flight or train arrived more than 1 hour early
(5) The Customer's flight or train was delayed for more than “Maximum Waiting Time At Arrival Point” specified by the Transport Company in the route information panel. If Supplier applies “If flight delayed we wait. No extra charge ” on the information panel of the car in the Supplier account, the flight delay is not an exception and the Supplier is obliged to execute the Transfer service.
5.2.3 . Supplier obliged
- to inform fact "no show" to Intui within 24 hours from transfer time according at confirmed order
AND
- to collect and present that the Driver arrived for the Customer’s pickup on time the following evidence :
A) Registration using GPS tracking
B) The Driver’s photo at the meeting point in the background of objects that can be identified with the meeting place, such as a sign with the name and / or address of the hotel / building; board of arrivals of flights with the indicated flight on which the Customer arrives
C) Contact history between the Driver and the Customer between the scheduled meeting time and the Driver’s departure time from the meeting point specified in the Order.
If Supplier did not provide evidence , such situations are recognized as “Transfer is failed” and Supplier pays a penalty .
5.3. Performing an improper Transfer Service . Customer uses the Transfer services.
The Supplier is fully liable for performing an improper Transfer Service the cases below
5.3.1 . Driver's late arrival. The Customer is willing to wait, then use the services
a) Wait time exceeds 15 minutes.
The Supplier pays a penalty for 50% of the Cost of such an order. If customer's time value exceeds the 25%Cost of the order, indemnify customer's time value.
b) Wait time exceeds 30 minutes.
The Supplier pays a penalty for 75% of the Cost of such an order. If customer's time value exceeds the 50% Cost of the order, indemnify customer's time value.
5.3.2. In case the Customer has a dissatisfaction for the Transfer service the Supplier shall:
a) Driver abuse, phone harassment of customers / dangerous driving / physical conflict.
The Supplier pays a penalty for 50% of the Cost of such an order.
b) Driver's bad attitude. The Supplier pays a penalty for 10% of the Cost of such an order.
c) Driver guides customer to buy things / sales promotion. The Supplier shall indemnify fees charged.
d) Driver's extra charge/mandatory self-payment (including but not limited to, self-paid items, tips, special group surcharges (special age, occupation, place of origin). The Supplier shall indemnify fees charged and penalty for 100% the such fees.
e) The poor condition of the vehicle (dirty outside and / or interior); any other non-compliance with the Order. The amount of compensation to be determined on a case-by-case basis.
5.3.3. If the vehicle provided was of the lower class the Suppliers refund for the difference between the Cost of the Order and Cost of Transfer Services actually rendered and indemnify the difference (pay a penalty) for 100% of such difference.
5.3.4. The additional paid option was not provided the Suppliers refund for the difference in the cost of an additional option and indemnify (pay a penalty) for 50% of Cost of such an order.
5.3.5. The additional free option (e.g. Wi-Fi, water, child seat, etc.) was not provided the Suppliers indemnify (pay a penalty) for 5EUR for each option.
6. Address and contacts.
Intui
EASYUPTUR LLP (UK) No. OC367717 incorporated 01/09/2011
Legal Address: Eastcastle House 27/28 Eastcastle Street London W1W 8DH, UK
Changes
June 201 9. The following Terms or changes in Terms shall come into force from June 25, 2019
(1) The p.p. 4.2. “Supplier Responsibilities” of the Agreement
(2) The p.p. 1. “General terms” of the Regulations
(3) The p.5. “Performing an improper Transfer Service, Failure of transfer service and/or sending Customer complaints” of the Regulations
The following Terms, or changes in Terms shall come into force in the following order:In the section "2. Rights and obligations of parties"
In the section "3. Cost and account for services" In the section "Parties responsibilities" Customer was declined or not performed or cancelled through fault of the Supplier, according to provision 2.4.6., 2.4.7. 2.2. of this Agreement of these Terms, the Supplier is liable to the Customer to pay penalty . The amount of the penalty due to the Customer is equal to the Sum mentioned in the Supplier Account on the day the booking order was made and/or on the day mentioned in the voucher to this booking order just as the fine for a late cancellation. the Supplier is obliged to Intui travel in the amount of 20% of the price of the Order. to compensate the difference between net cost of the original booking and the cost of the other transport fare on producing a receipt (transportation invoice) by the Intui Customer. compencation to the Customer in the order and under the time terms described in Appendix №1 to these Terms this Agreement. Changes in the "Appendix №1. The cost of Service and payment terms"
Changes in the "Regulations" Changes in Appendix №1 28.08.2015:
Added case 2.3.1: In the case of Payment Schemes №2 penalty payment applied to the clients in accordance p.p.4.2.3. Agreement can not exceed more than 10% of the order
Added case 2.13: In case the Customer/Supplier has an open claim concerning the Order, Intui is entiled to defer the payment untill the next accounting period.
Deleted case 3.4: In case the Customer has an open claim concerning the Order, Intui is entiled to defer the payment untill the next accounting period.
Changes in Appendix №1 28.01.2016:
Added case 3.4: Ways and Terms of payment from Intui to Supplier
Payment Scheme №1 has two ways of payment: to PayPal Business Account or to Supplier's Bank Account
Added case 3.4.1: Payment to Supplier's PayPal Business Account
If the total amount from Intui to Supplier is less than:
If the total amount from Intui to Supplier is less than 150 Euros - in that case the remit will be made within the following month after the bedrock is exceeded by 150 Euros.
Added case 3.4.2.1: If the total amount from Intui to Supplier is less than 150 Euros and Supplier wants to receive a payment transfer to Bank account, in that case the Supplier’s authorized employee has to direct an official inquiry by e-mail.
In this case, Intui will hold the total amount of 12 Euros to cover the expenses of Bank transaction.
Intui.travel transfer
EASYUPTUR LLP (UK)
