Terms and Conditions for Passengers

These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the Cover web – technology which connects passengers with drivers to help them plan their transfers more efficiently.

The term “us” or “we” refers to the owner of the Cover platform, Smartly a private limited company, founded in the Georgia (Company Registration Number 402026391), whose place of business is at 142 Beliashvili ave, Tbilisi 0159, Georgia.

In order to use Cover web-page you must agree to the terms and conditions that are set out below:

1. Using the Cover web-site

1.1 Cover provides a transportation solicitation service and does not provide own cars or employ drivers. Transport services are provided by drivers under a contract for the carriage of passengers. Drivers provide transport services on an independent basis (either in person or via a company) as economic and professional service providers. Disputes arising from consumer rights, legal obligations or from law applicable to the provision of transport services will be resolved between the passengers and drivers. Data regarding the drivers and their transport service is available in receipts for journeys and are sent to the email address listed in passenger’s profile.

1.2 When using the Cover, you can choose whether to pay the driver for the transport service or use Cover online Payment. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments.

1.3 During the usage of our service, passanger’s mobile number is linked to the respective Cover user account and added to our database. If you are no longer using your mobile number, you must notify Cover within 7 days so we can anonymize your account data. If you do not notify us about any change to your number, your mobile operator might pass the same mobile number to a next person and when using Cover, this new person can see your data.

2. Promotional Codes

2.1 Cover may send you promotional codes on a per promotion basis. Promotional code credit can be applied towards payment on completion of a ride or other features or benefits related to the service and/or a Third Party’s service and are subject any additional terms that are established on a per promotional code basis.

2.2 If your trip amount exceeds the redeemable credit allocated to your ride, the balance will be automatically deducted from your accounts payment method. Similarly, a promotional code credit only applies on a per ride basis and cannot carry over to a next ride/ trip and therefore will be forfeited. Only one promotional code may be applied per trip.

2.3 Cover reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if Cover deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.

3. Cover online Payment

3.1 You can pay for the transport services with a card. By providing Cover online Payment service, Cover acts as commercial agent for the providers of the transport services. Your obligation to the provider of the transport service will be fulfilled when the payment order is given to transfer funds to Cover’s bank account. You, as a passenger are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.

3.2 When making payments by Cover online Payment, Cover receives your payments and forwards money to the driver. Cover may ask additional data from you to verify payment method.

3.3 When making payments by Cover online Payment for transport services, Cover is not responsible for possible third-party payment costs (mobile operators, bank fees etc). These service providers may charge you additional fees when processing payments in connection with the Cover online Payment. Cover is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.

3.4 Cover will be responsible for the functioning of Cover online Payment and provide support in resolving problems. The resolution of disputes related to Cover online Payment also takes place through us. For payment support service please contact: info@cover.ge.

4. Ordering and cancelling transport services

4.1 If you order a transport service and the driver has agreed to undertake the work then the transport service is considered to be ordered.

4.2 Once a driver confirms that he/she will complete your journey, you will enter into a separate agreement with the driver for the provision of the journey on such terms and conditions as you agree with the driver. Cover does not provide journeys and is not a party to your agreement with the relevant driver.

4.3 Cancelling the use of an ordered transport service is considered to be the situation where the driver has replied to your request and you subsequently reject, cancel or refuse the transport service. Cancellations before 24 hours prior to the trip are free, and you will not be charged a cancellation free. When a transport service request is cancelled within 24 hours prior to your trip you are required to pay a cancellation fee.

4.4 If you cancel a transport service request on multiple successive instances within 24-hour we may temporarily block your account for warning. After multiple such warnings, we may suspend your account for longer period (eg: 6 month). After that period you could ask to reactivate your account and your application will be reviewed by Cover.

4.5 When driver notifies the passenger about the arrival of the vehicle to its destination and passenger or people for whom the transport was ordered do not arrive at the vehicle within certain time period as specified in advance, the request will be deemed cancelled.

4.6 If service is ordered on an hourly bases, once the driver arrives at the pickup location on a pre-agreed time and confirms that he/she has arrived, the Cover may begin charging fare on a waiting time basis according to the hourly rates.

4.7 If you have requested transport services using the Cover platform and cause damage to the driver’s vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), the driver will have the right to require you to pay a penalty of 50 USD and require compensation for any damages exceeding the penalty. If you do not pay the penalty and/or compensate the damage, Cover may pursue the claims on behalf of the provider of the transport service.

5. License to use Cover

5.1 As long as you comply with these General Terms and Conditions, we agree to grant you a royalty free, revocable, non-exclusive, right to access and use the Cover platform in accordance with these General Terms and Conditions and the Privacy. You may not transfer or sub-license this right to use the Cover. In the event that your right to use Cover is cancelled, the corresponding non-exclusive licence will also be cancelled.

6. Liability

6.1 As the Cover is a transportation solicitation service (a means of communication) between passengers and drivers, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of transport services. As the usage of Cover app for requesting transport services depends on the behaviour of the drivers, Cover does not guarantee that you will always have offers available for the provision of the transport services.

6.2 Cover does not offer transport services for passengers. Cover is used as the means for organising the provision of transport services.

6.3 The consumer’s right of refund is not applied to Cover orders. Requesting a refund from the transport service does not withdraw you from the agreement in the course of which the provision of the transport service was ordered.

6.4 Cover is provided on an “as is” and “as available” basis. Cover does not represent, warrant or guarantee that access to Cover will be uninterrupted or error free. In case of any faults in the software, we will endeavour to correct them as soon as possible, but please keep in mind that the functioning of the web-site may be restricted due to occasional technical errors and we are not able to guarantee that the web-site will function at all times, for example a public emergency may result in a service interruption.

6.5 Cover, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using Cover web-site or relying on, the journey contracted for through the Cover, including but not limited to: any direct or indirect property damage or monetary loss; loss of profit; loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business; loss or inaccuracy of data; and any other type of loss or damage.

6.6 The financial liability of Cover in connection with breach of the contract will be limited to 500 USD. You will have the right to claim for damages only if Cover has deliberately violated the contract. Cover will not be liable for the actions or inactions of the driver and will not be liable for damages that the driver causes to the passengers.

6.7 You agree to fully indemnify and hold Cover, its representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the Cover web-site (including the journeys you obtain through your use of Cover).

6.8 Cover may immediately end your use of Cover web-site if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of Cover or the safety of drivers.

7. Good practice using the Cover web-site

7.1 As Cover is not a provider of the transport services, any issues with defects or quality of the transport services will be resolved in accordance with the rules and regulations of the transport service provider or the relevant public authority.

7.2 We ask to fill out a feedback form after your trip. This enables us to offer suggestions to the drivers for improving the quality of their service.

7.3 We expect that you use Cover web-page in good faith and be respectful of the drivers who offer their services through Cover web-site. Cover retains the right to close your account if you have violated the terms set out in this General Terms and Conditions or if your activities are malicious, i.e. withholding payment for the provision of the transport service, fraud, being disrespectful towards the drivers, etc. In these cases, your cover account may be revoked without prior notice.

7.4 Cover will make every effort to ensure that only drivers, who have integrity and are respectful of their profession and passengers, are signed up to Cover platform. However, we are in no position to guarantee that every provider of transport services, located by Cover, satisfies the aforementioned criteria at all times. If you experience objectionable transport service, please notify the company responsible for the service, a supervisory authority or our customer support.

8. Amendments to the General Terms and Conditions

8.1 If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail. If you continue using cover web-site you will be deemed to accept the amendments.

9. Final Provisions

The General Terms and Conditions will be governed by, and construed and enforced in accordance with the laws of Georgia. If the respective dispute resulting from General Terms or Agreement could not be settled by the negotiations, then the dispute will be finally solved in Tbilisi City Court in Tbilisi, Georgia. If any provision of the General Terms is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.

Date of entry into force of the General Terms and Conditions: 05.2019.