1. RIGHTS AND RESPONSIBILITIES OF THE PARTIES
1.1. THE CONTRACTOR IS OBLIGED TO:
1.1.1. Respond 24/7 to emails with inquiries and requests sent to info@belkatravelconcierge.ge and/or via instant messaging apps and/or by phone at +995544112221.
1.1.2. Determine and agree with the Client on the number and types of vehicles to be used for the services.
1.1.3. Sending a service to the Contractor for which the price has not been agreed upon constitutes the Client's agreement to the cost of the transportation services.
1.1.4. Notify the Client via email or instant messaging app of confirmation of acceptance of the Order.
1.1.5. Notify the Client via SMS, email, and/or instant messaging of the vehicle make, color, license plate number, phone number, and driver's full name. This information will be provided to the Client upon request, no later than 1 hour before the trip.
1.1.6. Recommend, at the Client's request, a departure time and date for the destination.
1.1.7. Recommend a departure date and time for the destination due to weather and other conditions affecting travel time. This will be communicated to the Client (or the Client's passengers) by phone, instant messaging, email, or other means in advance of the actual departure time. In the event of failure to comply with the recommended departure time, the Client assumes responsibility for timely arrival at the destination.
1.1.8. Ensure the timely delivery of the Client's passengers and baggage to the destination.
1.1.9. Inform the Client (and/or Customers) of all unavoidable vehicle delays en route, their causes, and other unforeseen circumstances that prevent the timely delivery of the vehicle or the delivery of passengers or baggage to the destination.
1.1.10. In a timely manner or at the Client's request, inform the Client of the cost, cancellation period without penalty, and confirmation of the service reservation.
1.1.11. Provide services to the Client in full, in accordance with the Transfer Itinerary Receipt or the agreed-upon request.
1.1.12. Arrange transportation services in other cities worldwide not listed in the Appendix ((Serial Number of the Appendix with the current order)) within 1 business day from the date the Client submits a request for transportation services in a new city or country.
1.2. THE CONTRACTOR HAS THE RIGHT
1.2.1. Enter into contracts with third parties for the purpose of fulfilling the terms of the contract, remaining responsible for the actions of third parties to the Client as for its own.
1.2.2. Collaborate with the Client to find ways to improve operations, inform about new methods of automating application processing, and the notification procedure for contract parties.
1.2.3. The Contractor has the right to replace one vehicle with another of the same class and at the same price, or provide a vehicle of a higher class at the price of a vehicle of a lower class, including a guaranteed replacement of passenger vehicles from the moment the circumstances arise that make transportation impossible within:
1.2.3.1. If the passenger vehicle to be replaced is located within the city limits - within 1 hour;
1.2.3.2. If the passenger vehicle to be replaced is located up to 50 km from the city limits - 2 hours;
1.2.3.3. If the passenger vehicle to be replaced is located 50 km or more from the city limits, the preparation time for departure (1 hour) plus the time calculated as the vehicle covers 100 km in 1.4 hours from the moment the Customer, Clients, or driver notifies the Contractor of such circumstances. For minibuses and buses, a 1.5x coefficient is applied to the replacement time.
1.2.4. Unilaterally change the rates for its services, inform the Customer of changes to the list of services provided, the procedure for their provision, and other changes related to the performance of this Agreement, by notifying the Customer by email and/or via the Customer's messenger, 15 calendar days prior to the effective date. No additional agreement is required under this clause.
1.2.5. If the cost of the Customer's one-time Order exceeds 500 (five hundred) euros, the Contractor has the right to require an advance payment from the Customer in the amount of 50% (fifty) percent of the total Order cost.
1.2.6. Refuse to provide services in the event of: incorrect or incomplete order information being provided; the Client(s) being under the influence of alcohol or drugs; or the Client's actions threatening the life and health of the driver or the condition of the vehicle.
1.2.7. Deviate from the vehicle delivery time specified in the Order by no more than 15 minutes. Such deviation will not entail a fine or other compensation.
1.2.8. Suspend the Order until further terms of service are agreed upon, unless otherwise agreed upon, unless the Customer has not provided prior notice of a possible increase in the scope of services for the Order.
1.2.9. Increase the cost of services if the Client changes the volume of services provided, if the Client has not warned about the prohibition.
1.2.10. Request compensation for damage to or loss of a vehicle caused by the Customer or Clients.
1.2.11. Suspend execution of an Order upon receipt of a Customer's request to increase the scope of services to be provided under such Order until further terms of service are agreed upon, unless otherwise agreed upon, unless the Customer has provided prior notice of a possible increase in the scope of services under the Order.
1.2.12. Unilaterally make changes to the transportation service (change the route, replace the vehicle, or replace the driver), without infringing on the interests of the Customer or Clients.
1.2.13. Provide vehicles with taxi emblems or logos in the case of an Economy class vehicle order.
1.2.14. The Contractor makes every effort to provide Clients with a driver who speaks the Client's language, but does not guarantee this. The driver's lack of knowledge of the Client's language shall not constitute grounds for the Client to file a claim against the Contractor. The Client's request to provide the Contractor with a driver who speaks the Client's language is charged by the Contractor and paid for by the Client.
1.2.15. The Contractor has the right to request identification documents from the passenger or group leader.
1.3. THE CUSTOMER IS RESPONSIBLE
1.3.1. Include in the Order sent to the Contractor:
1.3.1.1. Name of the Client's organization;
1.3.1.2. Telephone number, email address, instant messenger, and full name of the authorized representative or employee submitting the order;
1.3.1.3. Full name and mobile phone number of the Client;
1.3.1.4. Vehicle pickup address, destination address, or route description;
1.3.1.5. Trip start date and time;
1.3.1.6. Number of passengers;
1.3.1.7. Presence of oversized baggage;
1.3.1.8. Number of child seats or restraints;
1.3.1.9. Flight number and direction, departure/arrival time in local time;
1.3.1.10. Train number and direction; train departure/arrival time in local time;
1.3.1.11. Indicate the need for the "Meet with Sign" service for Clients; otherwise, this service will not be provided. The driver will meet the Client by initiating a call to the mobile phone number of the Client specified in the order by the driver or the Contractor's operator.
1.3.1.12. Text of the sign (upon request);
1.3.1.13. Permission or prohibition of deviations from the route or scope of the Ordered Services by passengers.
1.3.2. Use the vehicle for its intended purpose, in accordance with the Order. Do not require the driver to perform actions that violate traffic regulations and/or the laws of the country in which the service is provided.
1.3.3. Do not transport flammable, explosive, combustible, toxic, poisonous, corrosive, foul-smelling, or narcotic substances or other items prohibited for carriage by passenger transport in the vehicle.
1.3.4. The Customer (Client) is obligated to inform Clients of their obligation to arrive at the service start location by the time specified in the Order. The free waiting period is 15 (fifteen) minutes after the arrival of a train, intercity bus, or sea vessel; upon arrival of the vehicle at a hotel or city (or suburban) address; or 60 (sixty) minutes after landing at the airport.
1.3.5. Waiting time (idle time) for a vehicle in excess of the free waiting time at the pickup point applies if there is no vehicle traffic during the Transfer service and is paid for by the Customer additionally, with the waiting period rounded off in 60-minute increments.
1.4. THE CUSTOMER HAS THE RIGHT
1.4.1. To contact the Contractor 24/7 with requests, clarifications, and suggestions affecting the Order fulfillment.
1.4.2. To cancel an order or reschedule it for another time and date without penalty:
1.4.2.1. No later than: for Economy (B-class) and Standard (C-class) cars up to 12 (four) hours; Comfort (D-class) – up to 24 (twenty-four) hours; for minibuses up to 48 (forty-eight) hours; For buses with 30 or more seats, Business (E-class), and Executive (S-class), the cancellation period is 72 (seventy) hours. In some cases, the cancellation period may be shortened by mutual agreement, but no later than the actual departure time of the vehicle on the requested route.
1.4.2.2. In the event of failure to meet the deadlines specified in paragraphs 3.4.2., or if the Client fails to arrive at the service start point, the Contractor reserves the right to charge the Client a penalty of up to 100% (one hundred) percent of the cost of the relevant Order.
1.4.2.3. If circumstances arise during the provision of services that make their performance impossible, the Client or the Client has the right to cancel the trip without paying the Contractor, including taking independent action to select a method of transportation to the final destination. The Customer or Client, in this case, has the right to full compensation for transportation costs incurred as a result of using other transport, including the provision of a free transfer of similar cost.
2. COST OF SERVICES
2.1. The cost and rates for transfer services are set forth in Appendix ((Serial Number of Appendix with the current order)), which forms an integral part of this agreement.
2.2. The cost of transportation services not specified in Appendix ((Serial Number of Appendix with the current order)) is determined based on the cost estimate for the services requested in the order, or determined using the Contractor's software package, and is calculated using route planning and distance calculations on Yandex and Google Maps.
2.3. Tariffs for transport services are formed dynamically and depend on many factors (initial minimum trip cost; number of kilometers included in the minimum trip cost; intercity tariff; linear or non-linear calculation type after traveling kilometers included in the minimum cost; cost of car delivery when renting in certain cities or in remote areas of populated areas; percentage of additional cost of return trip for a round-trip trip in one day from the Contractor's location; number of additional trips; travel on toll road sections; cost of paid parking; class and capacity of the vehicle; waiting time in excess of free; climatic conditions in certain regions, etc.).
2.4. If Yandex and Google Maps plot a route that is not accessible by car, or this route passes through roads (populated areas) closed to traffic, or the route passes through sections without paved road surfaces; through ferry crossings; toll road sections; The cost of services at state border customs checkpoints is subject to change, of which the Contractor will notify the Client at least 12 hours prior to the Order's execution, provided the Order is submitted earlier.
2.5. The parties agree that the cost of transfers on direct and return routes in different cities may vary due to differences in tariffs for third-party services, including when using Yandex and Google Maps to plot a return route along a different route within city limits due to detours around one-way sections and the selection of a more optimal route.
2.6. Other methods for calculating the cost of transportation services by vehicle hours (motorcycle hours) are stipulated in an additional agreement.
2.7. The Client is familiar with the cost and terms of service at the time of signing this agreement.
2.7.1. Any change to the route by the Client is considered an additional service and is charged by the Contractor and paid for by the Client separately.
2.8. If the Customer's Order was submitted and confirmed by the Contractor prior to the deadline for changing the price of services, the Contractor is obligated to provide the full scope of transportation services under such Order at the previously agreed upon price.
2.9. The Contractor reserves the right to change the price if additional services are provided and/or due to incomplete or inaccurate information provided in the Order.
2.10. In the event of a flight or train delay, no additional fees will be charged to the Customer, except in cases of unscheduled flight arrival changes due to adverse weather conditions resulting in a change of the landing airport, and in cases where the vehicle was already delivered to the airport by the actual arrival time, as determined by the airport information systems.
2.11. Additional services (for parking (1 hour of waiting time at the airport with a single entry, 15 minutes at the seaport with a single entry, waiting for the Client in public free parking lots, a single entry to any other facilities without waiting for the Client in paid parking zones), travel on toll roads within the framework of a program previously agreed upon by the Client, etc.) are included in the price specified in Appendix ((Serial Number of Appendix with the current order)) to this Agreement.
2.12. Multiple entries to airports and seaports, waiting for the Client in paid parking lots, travel on toll roads outside the framework of a program previously agreed upon by the Client, which lead to additional expenses, are paid by the Client additionally, of which the Contractor is obliged to notify the Client.
2.13. If the Client fails to agree to additional payment for expenses, the Contractor reserves the right to deliver/wait for/pick up the Client at the nearest location with free access/parking.
2.14. The Contractor reserves the right to increase the fare by up to 10% when servicing an Order in temperatures ranging from -30 degrees Celsius and below, depending on the city where the services are provided.
2.15. The Parties agree that during periods of increased demand for transportation services, the Contractor reserves the right to waive these terms and conditions and increase the price of the services provided. This condition does not apply to Orders already booked, confirmed, and paid for by the Contractor. The Contractor is obligated to notify the Client of the price increase upon acceptance of the Order, but no less than 48 hours prior to the commencement of services. The new price for services must be agreed upon by the Parties. If the price for services is not confirmed by the Client, the Contractor reserves the right to refuse to perform the relevant Order.
2.16. The Parties agree that the price of services includes all Contractor's expenses for fuel, vehicle maintenance, insurance, car wash, tax payments, driver medical examinations, and vehicle maintenance.
3. REGISTRATION, CONFIRMATION, AND ORDER TERMS.
3.1. The Contractor provides all services only within the framework of a preliminary Order.
3.2. The Client, their authorized representatives, and their employees may submit an Order by any available means: via email to info@belkatravelconcierge.ge, via the feedback form on the belkatravelconcierge.ge website, and/or via instant messaging apps, and/or by calling +995544112221.
3.3. The Client may submit an Order for transportation services no later than 4 hours before pickup for Standard class vehicles; no less than 12 hours for Business class vehicles; no less than 24 hours for Business+ class vehicles and 8- to 21-seater minibuses; and no less than 48 hours for Executive class vehicles and 45-seater buses. The pickup time may be shortened or extended depending on the city of pickup and the urgency of the request. Otherwise, the Contractor cannot guarantee the provision of services.
3.4. The Parties have agreed that during periods of increased demand for transportation services, the Customer's Order submission deadlines may be extended to ensure the Contractor's fulfillment of its obligations, including extended cancellation deadlines without penalty. Additional terms and conditions are agreed upon by the Parties in writing upon acceptance and processing of Orders.
4. QUALITY OF SERVICE
4.1. The Contractor ensures the required level of service and undertakes to provide it with high quality.
4.1.1. The vehicle will be delivered promptly, 5 minutes before the trip;
4.1.2. Flight and train arrivals will be monitored;
4.1.3. The interior of the vehicle will be clean, smoke-free, and free of strong odors (the exterior condition will depend on the weather);
4.1.4. The driver will have a neat appearance and will be responsive to requests or comments during the provision of services, including by maintaining a careful and safe driving style;
4.1.5. Communication with the Client must be respectful and excluding mobile phone conversations by the driver, except in cases related to service coordination;
4.1.6. Audio volume and format are at the passenger's discretion;
4.1.7. In the event of trip disruption or cancellation due to the Contractor's fault, including failure to comply with the terms of performance, the Client has the right, by mutual agreement of the Parties, to:
- Full or partial compensation for the cost of services;
- Free transfer of equal value;
- Provision of a subsequent transfer in a higher-class vehicle;
- Refund of prepaid funds in full or in part.
4.2. A request for compensation approval must be submitted in writing to the email address info@belkatravelconcierge.ge.
5. PAYMENT PROCEDURE
5.1. Payment is made upon delivery of services based on the invoice and the Certificate of Services Rendered, provided by the Contractor within the timeframes specified in Section 8.1 of this Agreement. Funds for transportation services must be transferred by the Customer to the Contractor's bank account (payment of the invoice using the details provided, payment of the provided link in online acquiring by bank card, payment of the invoice in merchant acquiring by bank card) within 5 (five) business days from the date the Customer signs the Certificate of Services Rendered. The Customer's payment obligation is considered fulfilled when the funds are debited from the Customer's bank correspondent account.
5.2. If necessary or at the request of the Contractor, to confirm payment, the Customer shall send a copy of the payment order with a bank stamp confirming the debit of funds to info@belkatravelconcierge.ge.
5.3. Settlements between the Parties to this Agreement shall be made in euros.
5.4. The Parties agree that the Contractor, having received an advance payment, shall have no monetary obligation to the Client to pay interest until the terms of the Order are fulfilled. If the Client cancels the ordered service, the Contractor will refund the Client's advance payment in full within three banking days. Otherwise, the Contractor becomes the debtor on the monetary obligation, and the Client may accrue interest at a rate of 0.1% per day on the advance payment. A request for a refund of the advance payment must be submitted by the Client in writing to info@belkatravelconcierge.ge.
6. SERVICE DELIVERY AND ACCEPTANCE PROCEDURE AND DOCUMENTATION
6.1. The Contractor shall provide the Client with a signed Certificate of Services Rendered in two (2) original copies and an invoice twice a month, no later than the 20th (twentieth) of the current month for services rendered between the 1st and the 15th of the current month, and no later than the 5th of the following month for services rendered between the 16th and the last day of the reporting month. The Certificate of Services Rendered contains information on the volume and cost of transportation services rendered by the Contractor during the reporting period.
6.2. If one-time services were rendered during the reporting period, the cost of which exceeds 500 (five hundred) euros, the Contractor shall provide the Client with a separate Certificate of Services Rendered.
6.3. The Client must notify the Contractor in writing of any objections to the Certificate of Services Rendered within 5 (five) business days of receipt of this Certificate. Otherwise, the Certificate of Services Rendered is deemed approved by the Client, and the services are deemed to have been rendered in full and with due quality.
6.4. Invoices and service registers are transferred by facsimile or electronic means, with the originals subsequently sent by mail no later than 10 calendar days from the date of approval of the Certificate of Services Rendered.
6.5. The Parties acknowledge that any electronic document transferred under the Agreement and certified by the sender's electronic digital signature, valid at the time of transfer, is equivalent to a paper document of identical content, signed by an authorized representative of the sending organization and affixed with a seal, has equal legal force, and creates similar rights and obligations for the Parties.
6.6. The Parties agree to coordinate Orders, conduct business correspondence (exchange information between themselves) during the performance of this Agreement, as well as send invoices, registers of services rendered, claims, and requests for refunds of advance payments via electronic messages (e-mail and instant messengers), and recognize such electronic messages as admissible for use as appropriate evidence in dispute resolution, including in court, arbitration court, and arbitration tribunal.
6.7. In order to properly identify electronic messages as originating from a Party to this Agreement, the Parties have agreed to the following as sufficient identification criteria:
- Electronic messages sent from the email addresses and phone numbers of authorized employees of the Customer (or addressed to any of such addresses and numbers) shall be deemed to originate from the Customer (or addressed to the Customer);
- Electronic messages sent from the email addresses and phone numbers of authorized employees of the Customer (or addressed to any of such addresses and numbers) shall be deemed to originate from the Contractor (or addressed to the Contractor).
A copy of the outgoing message indicating the addressee, date and time of sending, position and full name of the person sending the message, as well as a copy of the electronic "delivery notification" report for the corresponding message, generated by the email client program or an automatic receipt/read mark in the messenger, will be accepted by the Parties as sufficient proof of the sending of the electronic message and its receipt. Considering that the generation of an electronic "read receipt" report is controlled manually by the message recipient, the presence of such a report is not mandatory.
For the avoidance of doubt, and unless proven otherwise, the date of receipt of an electronic message by the recipient Party is deemed to be the date it is sent by the sending Party.
The Parties agree that the provisions of this clause regarding the exchange of information via electronic messages do not apply to copies of this Agreement, as well as to any addendums and appendices thereto (if any), and service delivery reports. These documents must be executed on paper and personally signed by duly authorized representatives of the Parties.
6.8. Registers and service breakdowns shall be provided by the Contractor along with the documents.
7. LIABILITY OF THE PARTIES
7.1. The Parties shall be liable for failure to perform or improper performance of their obligations under the Agreement in accordance with the terms thereof, and to the extent not regulated by the Agreement, in accordance with the current legislation of Georgia. The Parties agree that their mutual liability under this Agreement is limited to compensation for documented actual damages (lost profits are not subject to compensation under any circumstances, unless otherwise expressly provided by mandatory provisions of Georgian legislation).
7.2. The Contractor is liable under this Agreement for the actions of third parties engaged to provide services under this Agreement, with the exception of cases of harm to the life and health of passengers in the event of a road accident. Liability for harm to the life and health of passengers in the event of a road accident is regulated and governed by the vehicle owner's liability insurance (compulsory and/or voluntary insurance policy) – in the territory of foreign countries – in accordance with the law applicable in such cases.
7.3. If the Client is late for a flight or train due to the Contractor's fault, the Contractor will reimburse the Client for the costs of reissuing tickets, but not more than 300 euros. To obtain reimbursement for additional expenses, the Customer must provide documents confirming the existence of these expenses, as well as documents confirming the Contractor's fault. Reissuing a ticket means reimbursing the difference between the refund of a previously purchased ticket and the purchase of a new ticket. The Contractor is under no circumstances liable for the Customer's lost profits.
7.4. If the Customer has accumulated arrears in payments for previously rendered services, accepted under the Certificate of Services Rendered, and such arrears are not repaid on time, the Contractor has the right to suspend acceptance of Orders from the Customer until the Customer fully repays the relevant arrears and to charge a penalty at a rate of 0.1% per day of the total overdue payment, but not exceeding 10% of the overdue amount.
8. FORCE MAJEURE
8.1. The Parties shall not be liable for failure to perform or improper performance of their obligations under this Agreement if such failure occurs as a result of force majeure, including fire, natural disasters, military operations of any kind, acts of legislative and executive authorities that impede the fulfillment of the terms of the Agreement, adverse weather conditions, etc. In such cases, the Parties are obligated to take all possible measures to eliminate and mitigate any adverse consequences associated with such force majeure.
8.2. Upon the occurrence of such circumstances, each Party shall notify the other Party in writing within 72 hours. The notification shall contain information about the nature of the circumstances and, if possible, an assessment of their impact on the Party's ability to fulfill its obligations under this Agreement. Confirmation of the occurrence of a force majeure circumstance shall be a document issued by a competent authority. Such document must be provided within 21 (twenty-one) calendar days from the date the Party invoking the force majeure event learned or should have learned of its occurrence.
8.3. If the Party fails to send notice or fails to do so promptly, it forfeits the right to invoke the force majeure event as grounds for exemption from liability.
8.4. If the circumstances and their consequences continue for more than two months, the Parties shall conduct additional negotiations to identify acceptable alternative methods for the performance of this Agreement.
9. CONFIDENTIALITY
9.1. The terms of this Agreement, its annexes, and additional agreements are confidential and shall not be disclosed to third parties, except in cases stipulated by the current legislation of Georgia.
9.2. By placing a Service Booking Order, the Client confirms that they have obtained the consent of authorized employees and Clients to the transfer and processing by the Contractor of their personal data, as well as the personal data of third parties specified in documents transferred to the Contractor, solely within the framework and for the purposes of performing this Agreement.
9.3. The Parties shall take all necessary measures to ensure that their employees and legal successors do not inform third parties of the details of this Agreement, its appendices, and additional agreements without the prior consent of the other Party, with the exception of information transferred to the Client regarding the provision of transfer services.
10. FINAL PROVISIONS
10.1. All disputes and disagreements arising between the Parties under or in connection with this Agreement shall be resolved through negotiation.
10.2. The Parties shall submit all claims arising during the performance of this Agreement in writing. The Parties have agreed that the Services shall be deemed to have been properly rendered by the Contractor if, within 5 (five) business days of the provision of the corresponding Certificate of Services Rendered to the Client, the Contractor has not received any reasoned written objections or claims from the Client. After the expiration of the above period, the Client's claims regarding deficiencies in the Services will not be accepted. The claim review period is 5 business days.
10.3. Disputes and disagreements not resolved through negotiations shall be subject to consideration by the Arbitration Court at the location of the plaintiff.
10.4. Upon the entry into force of this Agreement, any prior statements, correspondence, and agreements of the Parties regarding the terms of this Agreement shall become null and void.
10.5. Either Party has the right to unilaterally terminate this Agreement without judicial review or to suspend performance of the Agreement unilaterally by notifying the other Party in writing (at the address specified in Section 14 of this Agreement) at least 10 calendar days in advance. In the event of failure to pay for services on time, the notice period for suspension of services may be reduced to 3 business days.
10.6. Termination of the Agreement by one of the Parties does not relieve the Parties from satisfying mutual claims that arose prior to the termination of the Agreement.
10.7. The Contractor is obligated to fulfill its obligations to the Client under the Orders accepted for execution prior to the termination of this Agreement.
10.8. Unless otherwise provided by this Agreement, any amendments and additions to this Agreement are valid provided that they are made in writing, signed by authorized representatives of the Parties and sealed, and from that moment become an integral part of this Agreement.
10.9. Messages and notifications will be deemed duly executed if they are sent in writing by registered mail, fax, or by email specified in this Agreement, or delivered in person to the mailing addresses of the Parties with the appropriate delivery stamp.
Individual Entrepreneur DMYTRO SHVETS
AccountNr.:GE39BG0000000582590353,
SWIFT: BAGAGE22
Identification Number: 302296236
Intermediary Bank: Commerzbank, Frankfurt, Germany; SWIFT: COBADEFF
Account With Institution: Bank of Georgia, SWIFT: BAGAGE22; 29a Gagarin Street, Tbilisi 0160, Georgia
Service Policy
Terms of service, payment, cancellations and responsibilities.
