Tonko Trans s.r.o., Športová 25, 900 45 Malinovo, Slobakia (hereinafter referred to as "TonkoTrans") enables its users to book transportation services via online platform by integrating third-party online platforms and applications for mobile devices ("apps"; all methods collectively referred to as "Online Tools"). TonkoTrans's service consists of arranging for the transportation of a user by both, its own and independent ride service provider (Transportation Service Provider or "TSP"). TonkoTrans arranges this business service for the user but might not be the actual transportation service provider according to the availability of the requested service.
These General Terms and Conditions (hereinafter referred to as “T&Cs”) are part of each agreement of the user concerning TonkoTrans's arrangement of business service contracts. They also describe the details of the transportation services for which TonkoTrans provides the user a direct claim against a particular TSP.
Conflicting general terms and conditions of the user are hereby also contradicted in the case of confirmation letters and services accepted without condition. Any terms to the contrary shall only apply insofar as the management of TonkoTrans has expressly consented to this in writing.
2.1 CONTRACTUAL RELATIONSHIP
TonkoTrans provides the services of booking transport, the transport itself and also, in relation to the Online Tools, through third-party agents and TSPs. TonkoTrans also offers the User a claim for transport against a transport service provider (TSP) independent of TonkoTrans..
For this purpose, TonkoTrans concludes the necessary agreements on its own behalf with the TSP that provide the user with a claim for transport against the TSP ("contract for the benefit of third parties", also "transportation contract for the benefit of the user"). On this basis, the user is entitled to request the transportation service and any further claims in respect of that service directly from the TSP.
TonkoTrans and the User agree to conclude a contract for the provision of commercial services and the provision of transport services. TonkoTrans' claim for compensation includes compensation for the provision of commercial services, as well as compensation distributed to the TSP for transport services performed by third parties.
2.2 CONCLUSION OF CONTRACT
By transmitting a completed booking form via the Online Tools or by making arrangements by telephone with TonkoTrans, the user transmits an offer to conclude a business service contract (“ride request” of the user). The subject matter of this contract is the provision of the ride service requested by the user.
As an initial matter, TonkoTrans transmits to the user an email confirmation of the details of the requested ride service that it has received. In so doing, TonkoTrans only confirms the receipt of the user's ride request.
It is only by separate declaration (“booking confirmation”) by email from TonkoTrans that the business service contract between TonkoTrans and the user is concluded for the desired ride service. The user is then directly entitled vis-à-vis the TSP to request the ride service of the TSP and to assert further claims in respect of such ride service directly against the TSP.
The user provides assurance to TonkoTrans that all information it transmits or has transmitted to TonkoTrans on its behalf by another person is complete and accurate. Registrations by automated processes are prohibited.
The user can only request the details for a user's ride request described under Section 4 from the TSP if this has been agreed with TonkoTrans in the business service contract.
The following conditions apply to the claim for transportation of the user to be asserted directly against the TSP and to be procured by TonkoTrans:
4.1 RIDE TYPES, SERVICE CHANGES
Depending on local availability, the user can select ride requests that include transfer rides, long-distance rides (transfer rides starting at 200 km), rides on demand (“chauffeur hailing”) and hourly bookings.