Terms and Conditions

Last updated: May 10, 2024

1

DROPWAYZ LLC

  1. 1.1.DROPWAYZ LLC, hereafter referred to as "Dropwayz", is a limited liability company registered in California, United States, whose registered address is 3400 Cottage Way, Ste G2 Sacramento, California, 95825, United States.
  2. 1.2.Dropwayz is the proprietor of the digital platform accessible at https://dropwayz.com and its associated subdomains, hereafter collectively referred to as the "Platform." This Platform serves as an intermediary, facilitating connections between individuals seeking transportation services, termed "Passengers," and entities providing such services, denoted as "Carriers."
  3. 1.3.By initiating usage of Dropwayz services, Passengers and Carriers enter into a binding agreement governed by the terms and conditions delineated herein. Engagement with Dropwayz services denotes unequivocal acceptance of these terms without any reservations, exceptions, or limitations.
  4. 1.4.Dropwayz retains the prerogative to amend or modify this Agreement at its sole discretion, without obligation to provide prior notification. Any alterations made to the Agreement shall become effective immediately upon being publicly posted on the Platform.
  5. 1.5.Dropwayz undertakes the operation of a booking service designated for facilitating the arrangement of passenger transport services. Through arranging services with Dropwayz, you expressly consent to adhere to the terms and conditions outlined herein, alongside any supplemental information disseminated through our website, application, email, or other forms of communication.
  6. 1.6.Dropwayz serves as the intermediary for arranging bookings pertaining to passenger transport services. Detailed terms and conditions governing the contractual relationship between Passengers and the designated Carrier are available upon booking acceptance and confirmation. It is expressly clarified that Dropwayz disclaims any liability emanating from the actual provision of services. Dropwayz acts solely as a facilitator connecting Passengers with Carriers. Dropwayz operates solely as an intermediary, connecting Passengers with Carriers. Consequently, any issues or liabilities arising from the provision of transportation services are the responsibility of the Carriers and not of Dropwayz.
  7. 1.7.This Agreement and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the federal or state courts located in the State of California, United States, and the parties hereby consent to the personal jurisdiction and venue of such courts.

2

DESCRIPTION OF SERVICE

  1. 2.1.Dropwayz provides Passengers access to a network of transportation service providers ("Carriers") registered under the Dropwayz Carrier Service Contract.
    1. 2.1.1.Upon registration, Passengers gain access to a passenger section ("Passenger Portal") containing passenger contact person information, personal settings, booking requests, and other relevant data. Passengers may utilize the Service through their Passenger Portal.
    2. 2.1.2.Within the Passenger Portal, Passengers can submit booking requests ("Requests") for Carriers, specifying essential and additional terms. Carriers can respond with booking offers ("Offers") in response to the booking details specified in the respective Requests. Passengers may accept Offers, forming a Transfer Agreement between Passenger and Carrier. If a Carrier declines the agreed terms, the Transfer Agreement is terminated, reverting the status of the Request to receive more Offers.
  2. 2.2.Passenger Duties and Acknowledgements:
    1. 2.2.1.Passengers are duty-bound to exercise diligence and prudence when engaging with Dropwayz services, comprehending its role as an intermediary facilitating interaction between Passengers and transportation service providers ("Carriers").
    2. 2.2.2.It is incumbent upon the Passenger to ensure the accuracy and currency of all information furnished to Dropwayz, encompassing personal particulars and booking requisites. The Passenger must also meet the minimum age requirement of 18 years.
    3. 2.2.3.Adherence to the pertinent laws and regulations governing transportation services within their respective jurisdictions is obligatory for Passengers. Passengers must acknowledge that any engagements or agreements entered with Carriers are solely the responsibility of the parties involved, with Dropwayz disclaiming any liability for such arrangements or their consequences. Dropwayz endeavors to facilitate seamless communication and transactions between Passengers and Carriers; however, it does not warrant the availability, quality, or suitability of the transportation services provided by Carriers.
    4. 2.2.4.Dropwayz strives to facilitate seamless communication and transactions between Passengers and, Carriers, offering 24/7 support services via various communication channels. Passengers acknowledge and accept that Dropwayz's liability is strictly limited to facilitating the exchange of information and payment between Passengers and Carriers. Dropwayz bears no responsibility for disputes, losses, or damages arising from interactions between Passengers and Carriers.
    5. 2.2.5.Passengers recognize the potential existence of technical constraints or disruptions in Dropwayz services, which may impact availability or functionality. While Dropwayz endeavors to mitigate such disruptions, Passengers agree to assume associated risks or inconveniences. By consenting to these terms, Passengers explicitly waive any claims or demands against Dropwayz for losses, damages, or expenses incurred as a consequence of utilizing Dropwayz services, including but not limited to lost profits, business interruptions, or reputational harm.
    6. 2.2.6.The Passenger acknowledges that cancelling within 48 hours prior to travel will result in a 100% loss of payment and accepts liability for the full cost of the booking. Upon receipt and processing of payment for the booking.
    7. 2.2.7.Passengers will receive a travel guide containing all pertinent details via the email address provided, which may be requested by the Carrier or the appointed Carrier driver for confirmation.

3

PAYMENT TERMS

  1. 3.1.Upon finalizing a Transfer Agreement with a Carrier via the Service in accordance with the provisions herein, the Passenger shall remit full prepayment of the Transfer Price through one of the payment methods facilitated by Dropwayz. This payment shall subsequently be remitted to the Carrier, subject. to the terms of a separate agreement between Dropwayz and the Carrier.
  2. 3.2.Dropwayz exclusively utilizes Stripe as its designated payment processor. Stripe, operated by Stripe, Inc., located in South San Francisco, California, U.S., and Dublin, Ireland, is the exclusive processor for all transactions conducted through Dropwayz.
  3. 3.3.Dropwayz expressly disclaims any involvement in the handling, processing, or retention of any payment-related information provided by the Passenger.
  4. 3.4.The Passenger acknowledges the following:
    1. 3.4.1.Payment of the Transfer Price shall be made in the currency selected by the Passenger and calculated based on the exchange rate provided by Dropwayz at the time of Offer submission.
    2. 3.4.2.Payments may be debited from the Passenger's bank/card account in a currency different from the one selected, subject to bank or payment system requirements.
  5. 3.5.By assenting to this Agreement, the Passenger explicitly consents to the automatic debiting of the aforementioned amounts from their bank/card account for each Transfer, provided the Carrier's Offer includes any additional waiting and/or driving time incurred. Unless stipulated otherwise in this Agreement:
    1. 3.5.1.All Passenger payments shall be made without deductions or withholding, with any required deductions or withholdings being the responsibility of the Passenger.
    2. 3.5.2.There are no cost limits for booking payments.
    3. 3.5.3.All payments made by Dropwayz are inclusive of any applicable taxes, which remain the sole responsibility of the Passenger.

4

CANCELLATION AND REFUND POLICY

  1. 4.1.Passengers retain the right to cancel booked Transfers from their Personal Accounts, with such cancellations required to be formally communicated via email to [email protected] support email. For round trip routes ("there and back"), Passengers reserve the right to cancel one direction, provided such cancellation is made at least 48 hours prior to the agreed pick-up time. It is understood that alterations made by the Passenger to fundamental Transfer conditions, including but not limited to pick-up time, route, passenger count, or vehicle class, shall be construed as cancellations initiated by the Passenger, thereby affording the Carrier the discretion to decline service under the amended terms. Refunds for such Transfers shall be processed in accordance with the provisions outlined in clause 4.2.
  2. 4.2.Monetary remittances forwarded by the Passenger to Dropwayz's account as payment for the Transfer Price shall be credited to the passenger's Passenger Portal and may be utilized for subsequent Transfer payments subject to specific conditions, including but not limited to the cancellation or modification of booked Transfers within the prescribed timeframe or cancellation by the Carrier.
  3. 4.3.Requests for refunds of paid Transfer Prices may be instigated by the Passenger directly with the Carrier. It is emphasized that Dropwayz serves merely as a conduit for the transmission of funds to Carriers for Transfer payment and is not vested with the authority to independently administer such funds, thus precluding the issuance of refunds to the Passenger. Dropwayz expressly disclaims involvement in disputes between the Carrier and the Passenger concerning Transfer Price payment, encompassing matters pertaining to full or partial refunds to the Passenger.
  4. 4.4.No refunds, whether full or partial, shall be issued in the event that the Passenger or any designated passenger fails to arrive at the agreed pick-up location within the specified timeframes. These timeframes consist of 60 minutes at the airport and 15 minutes at all other locations. Additionally, refunds will not be provided if the Passenger introduces Special Cargo for Transfer without prior authorization or transports prohibited cargo.

5

PASSENGER RESPONSIBILITIES

  1. 5.1.The Passenger confirms that they have the legal capacity, as defined by the laws of all relevant jurisdictions, to enter into this Agreement. Additionally, they affirm voluntary consent to be bound by its terms and assert the authority and capability to fulfill all obligations outlined herein.
    1. 5.1.1.The Passenger states that their adherence to this Agreement complies with all applicable laws and affirms that all obligations outlined herein are legally binding and enforceable.
    2. 5.1.2.The Passenger confirms thorough review and full understanding of the terms of this Agreement.
    3. 5.1.3.The Passenger assures continued adherence to the stipulated terms for the duration of their utilization of the Service.
    4. 5.1.4.The Passenger acknowledges reliance solely on representations, warranties, or conduct explicitly outlined in this Agreement.
    5. 5.1.5.The Passenger attests that all information provided to Dropwayz is accurate, complete, and not misleading, recognizing Dropwayz's reliance on this information.
    6. 5.1.6.The Passenger agrees to comply with the rules outlined by the supplier, its drivers, and appointed agents, including refraining from consuming alcohol or smoking in any vehicles used to provide the services.
    7. 5.1.7.The Passenger acknowledges that while vehicles provided by the suppliers are fully insured for passenger and third-party claims as required by local law, the carriage of their baggage is entirely at their own risk. Dropwayz does not accept responsibility for any costs incurred or arrangements made in returning lost or forgotten items, and passengers must contact the local supplier in resort for any such issues.
  2. 5.2.The Passenger hereby agrees to:
    1. 5.2.1.Regularly check for and review updates or announcements regarding the Service provided on our platform.
    2. 5.2.2.Utilize the Service only for its intended purposes and in strict compliance with the terms outlined in this Agreement.
    3. 5.2.3.Immediately notify our company if any information provided under this Agreement becomes inaccurate, incomplete, or misleading.
    4. 5.2.4.Refrain from engaging in any actions that may disrupt or impede the functionality of the Service.
    5. 5.2.5.Assume full responsibility for safeguarding account information, including passwords, ensuring its confidentiality, and maintaining its accuracy.
    6. 5.2.6.Respect and preserve any copyright, trademark, or proprietary notices associated with the Service.
    7. 5.2.7.Not reproduce, alter, distribute, or exploit the Service beyond the permissions explicitly granted by our company.
    8. 5.2.8.Abstain from attempting to access or decode the Service's source code, except as may be permitted by applicable law.
    9. 5.2.9.Avoid linking to or framing any part of the Service without explicit authorization from our company.
    10. 5.2.10.Refrain from engaging in any unauthorized data collection activities that may overload or obstruct the Service's operation.
    11. 5.2.11.Not attempting to gain unauthorized access to the Service or its associated systems.
    12. 5.2.12.Refrain from using our company's names, logos, or trademarks without explicit permission.
    13. 5.2.13.Respect our company's intellectual property rights related to the Service and refrain from any infringement.
    14. 5.2.14.Adhere strictly to all applicable laws and regulations, including tax laws, while availing themselves of the Service.
    15. 5.2.15.Ensure complete compliance with all necessary documentation and requirements for cross-border travel during the Transfer, taking full responsibility for any deficiencies or inaccuracies. Our company, nor any affiliated Carrier or driver, shall be held liable for any such deficiencies or inaccuracies in the Passenger's documentation.
    16. 5.2.16.Provide any evidence of compliance with this Agreement promptly upon request by our company.
  3. 5.3.Following the completion of a Transfer, the Passenger is encouraged to provide feedback by rating the Carrier's performance on a scale of one to five stars within four months. In the unfortunate event of a Transfer non-fulfillment due to the Carrier's fault, the Passenger may mark the Transfer as a "no-show" within 24 hours of the agreed starting time, resulting in a zero-star rating for the Carrier.

6

DISCLAIMER OF WARRANTIES BY DROPWAYZ

  1. 6.1.The Passenger acknowledges and agrees that to the maximum extent permitted by applicable law:
    1. 6.1.1.Dropwayz provides no warranty regarding the Platform, or any information provided to the Passenger.
    2. 6.1.2.Dropwayz expressly disclaims all warranties and conditions, whether express or implied, including:
    3. 6.1.3.Any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
    4. 6.1.4.Any warranties regarding the timeliness, reliability, suitability, sequence, accuracy, adequacy, consistency, or completeness of any information provided to the Passenger.
    5. 6.1.5.Any warranties that access to the Platform will be uninterrupted, timely, or error-free.

7

LIABILITY MANAGEMENT AND INDEMNIFICATION

  1. 7.1.Dropwayz seeks to limit its liability to the fullest extent permitted by law, regarding any loss incurred by you or any other party. This includes, but is not limited to:
    1. 7.1.1.Inaccuracies, incompleteness, or delays in any information provided to the Passenger.
    2. 7.1.2.Failures occurring during payment transactions initiated by the Passenger.
    3. 7.1.3.Malfunctions, instabilities, or breakdowns of any software used by Dropwayz for Service provision.
    4. 7.1.4.Disclosure, loss, theft, destruction, or inaccessibility of the Passenger's account, password, or other data.
    5. 7.1.5.Termination of this Agreement at any time and for any reason.
    6. 7.1.6.Failure of the Service to meet specific Passenger requirements or purposes.
    7. 7.1.7.Events beyond Dropwayz's control, including accidents causing delays to the vehicle, exceptional or severe weather conditions, compliance with requests of the police, vandalism and terrorism, unforeseen traffic delays, industrial action by third parties, problems caused by other customers, other circumstances affecting passenger safety, road closures due to local fiestas or other events, properties that are not accessible to the type of services booked, acts of God, landslide, road damage, flood, earthquake, avalanche or any other natural disaster, epidemic or pandemic, war, threat of war or similar, fire or explosion, terrorist attack or riots, governmental restraints, and other natural calamities.
  2. 7.2.Dropwayz shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage, arising out of or in connection with the provision of the Service hereunder, or otherwise related to its subject matter, regardless of the negligence (either active, affirmative, sole, or concurrent) of Dropwayz, even if Dropwayz has been advised of the possibility of such damages.
  3. 7.3.Dropwayz's aggregate liability to the Passenger for any claims for damages (whether under contract, tort, warranty, or other law) resulting from, arising out of, or in connection with this Agreement, or otherwise related to its subject matter, will under no circumstances exceed the Transfer Price paid by the Passenger to Dropwayz for the relevant Transfer.
  4. 7.4.The Passenger agrees to indemnify and hold harmless Dropwayz, its officers, directors, employees, agents, and affiliates (collectively referred to as "Indemnified Parties"), from and against any and all liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising from:
    1. 7.4.1.Breach of this Agreement by the Passenger.
    2. 7.4.2.Exercise of rights, powers, or remedies concerning the Passenger under this Agreement by Dropwayz.
    3. 7.4.3.Infringement of Dropwayz's or third parties' intellectual property rights or other laws by the Passenger in connection with their use of the Service and the Site.
  5. 7.5.The indemnity provided by the Passenger shall operate without the necessity of expense being incurred by the Indemnified Parties. The Passenger's indemnification obligations survive the termination or expiration of this Agreement.

8

PASSENGER'S CONSENT TO ADVERTISING MESSAGES AND PRIVACY POLICY

  1. 8.1.Utilizing Dropwayz's services, the Passenger expressly consents to the following terms:
    1. 8.1.1.The Passenger acknowledges and agrees to receive advertising messages from Dropwayz, while retaining the right to decline such messages using the relevant functionality within the Service.
    2. 8.1.2.Additionally, the Passenger consents to the processing and collection of their personal data by Dropwayz, as outlined in this Agreement and the Dropwayz Privacy Policy.
  2. 8.2.Dropwayz is committed to compliance with the personal data protection legislation of California, United States, governing all aspects of data processing and collection.

9

PROHIBITION OF DISCRIMINATION

  1. Discrimination, including any form of distinction, exclusion, restriction, or preference in the rights and freedoms of individuals or groups, as well as support for discriminatory behavior, is strictly prohibited. The Charter of Fundamental Rights of the European Union, along with international law and directives such as the Racial Equality Directive and Gender Equality Directive, explicitly prohibit discrimination based on various grounds. Accordingly, when utilizing the Service, Passengers are prohibited from specifying any discriminatory requirements. In the event discriminatory requirements are indicated, Dropwayz retains the right to reject the request and terminate the Agreement with the Passenger.

10

ASSIGNMENT

  1. You shall not assign or transfer any of your rights or obligations under these terms and conditions without obtaining our prior written consent. We reserve the right to assign or transfer any of our rights or obligations under these terms and conditions without requiring your prior written consent.

11

TERMINATION

  1. 11.1.Dropwayz reserves the right to terminate this Agreement immediately and without prior notice if:
    1. 11.1.1.The Passenger breaches any provision of this Agreement.
    2. 11.1.2.Legal requirements mandate termination.
    3. 11.1.3.Dropwayz deems continuation commercially unviable.
  2. 11.2.Dropwayz will notify the Passenger of termination as per section 14.

12

WAIVER OF OFFSET

  1. The Passenger agrees to waive any right of set-off, counterclaim, or similar remedy under this Agreement.

13

DISPUTE RESOLUTION

  1. Any disputes arising from this Agreement shall be resolved through arbitration under the Arbitration Rules of the American Arbitration Association, with arbitration proceedings conducted in English and the seat of arbitration in California.

14

NOTICES

  1. Communications from Dropwayz may be disseminated through announcements posted on the Site or via email to the Passenger's designated email address on file. Correspondingly, communications directed to Dropwayz may be transmitted to the designated email address provided on the Site.

15

WAIVER AND REMEDIES

  1. No failure or delay by Dropwayz to exercise any right under this Agreement shall constitute a waiver. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights provided by law.

16

NO AFFILIATION

  1. This Agreement establishes no carriership, joint venture, advisor, fiduciary, agency, or trustee relationship between the Passenger and Dropwayz or any other party.

17

SEVERABILITY

  1. Should any provision of this Agreement be deemed illegal, void, unenforceable, or invalid under the laws of any jurisdiction, that provision will be severed. Such severance will not affect the validity or enforceability of the remaining provisions in that jurisdiction or any other jurisdiction. This provision does not apply if the severance alters the fundamental nature of this Agreement or contravenes public policy.
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