The operator of the zamMe platform [Swiss Silico Capital Limited Liability Company] is not an employer for the person using the platform as a service provider. The company exclusively operates the platform, which provides an opportunity for the users to connect with each other and meet their common travel needs.
The Company does not influence freight rates in any way. The service fee, paid for the company, is for operation costs, maintenance costs, and for the development costs of the platform. The company do not offers any kind of travel services, only the use of the platform.
The invoice notice issued by the company is a document certifying the use of the platform, it does not qualify as a tax document. The user of the platform is obliged to comply with the current tax and other legislations.
These General Terms and Conditions (hereinafter GTC) of the ˝ridesharing˝ system (hereinafter: GTC) available through smartphone applications owned and operated by Swiss Silico Capital AG (hereinafter the Platform Provider).
The Platform Provider is entitled to unilaterally amend these GTC in addition to informing the Users of the System in advance. The information is provided by publishing it on the Website, at least 6 days before the amended GTC enters into force. The amended provisions shall become effective upon the first use of the System.
The subject of the legal relationship is the use of the System operated by the Platform Provider and the intermediaries of online passenger transport through it. (activity for persons traveling on the same route (hereinafter referred to as “Service˝).
During agency mediation, the Platform Provider provides assistance in connection with the invoicing of the underlying transaction, the mediated service, where the Platform Provider acts for the Client as the Beneficiary. In the case of agency services, the actual recipient of the service and the actual service provider enter into a contract directly with each other, so there is a legal relationship between them for the underlying transaction, documenting this.
Obligations of Users
The Service may be used by Users at their own risk.
The User is responsible for the operations performed with his / her Username and for keeping the password protecting it secure. If the User becomes aware that his / her password has been accessed by an unauthorized third party, he / she is obliged to notify the Platform Provider immediately.
The content published by the User only reflects the opinion of the User. It is prohibited to record content in the System that erroneously gives the appearance that the Platform Provider has approved or agrees with the content displayed by the User. The User is solely responsible for the content published by the User and for any damages that may arise in connection therewith. The User is obliged to ensure that the content made available by him in the System complies with the rights of third parties or the applicable, Swiss legislation specifications do not hurt .
The User is responsible for the data provided in the System, in particular the contact details provided, such as email address, phone number, car data for timeliness and accuracy. The verification of the User´s data does not fall within the competence of the Platform Provider, but false data provided intentionally or fraudulently may result in sanctions or legal action.
The User acknowledges that the advertising of other websites or the User´s own products and services in the System is prohibited without the consent of the Platform Provider.
Duties of drivers
In order to share the costs of the trip, the Driver may request a Travel Expense contribution from the Passengers he / she carries. The place and time of departure announced by the Driver is mandatory. If at least one Passenger has already booked a seat with the Driver, it is not possible to change the reservation ( s). The cancellation of the trip for general reasons can be done in the system, of which the Passengers who have taken a seat will be notified in an automatic e-mail message. The Platform Provider is not responsible for the success of the automatic e-mail delivery, therefore the Driver is responsible to make sure during a telephone or chat conversation that the passenger has been informed of the change.
The car is required to hold with all the information up to date in the System. If the Driver contains advertisements with false data in the system, the Service Provider is entitled to delete these advertisements, of which the Driver is notified.
The Driver is not obliged to wait for the Passenger for more than 10 minutes at the agreed meeting place, he / she can publish his / her negative experience in the System on the user´s profile page.
Upon reaching the destination city, the Driver is obliged to take the Passenger to the destination, that was posted by the driver.
After each trip, the Driver is obliged to record an evaluation of the Passengers in the System. Otherwise the system gives 5 stars for the passengers after 48 hours.
The Driver is obliged to keep his vehicle in a technical condition suitable for the transport of Passengers and safe traffic at all times. Immediately prior to the departure of each trip, the Driver is obliged to carefully and thoroughly make sure that the vehicle is legally and technically suitable for participation in traffic, in accordance with the regulations in force at any time.
The Driver is obliged to show up at the place of departure in a condition suitable for driving, he is fully responsible for the safety of the Passenger during the trip.
The driver is obliged to keep his / her own personally identifiable documents, driving license and car documents with him / her during all trips.
Duties of Passengers
The Passenger is obliged to appear in a condition suitable for travel at the agreed place and time, or to ensure that the Driver is properly informed if for any reason he is unable to be present in time or withdraws from his intention to travel. Appropriate information will be provided if the Driver has informed the Passenger in some form (sms , e-mail, telephone, etc.) that he has received the notice of cancellation of the trip.
After each successful or failed trip, the Passenger is obliged to record an evaluation of the Driver in the System. Otherwise the system gives 5 stars for the passengers after 48 hours.
If the Driver does not show up at the agreed meeting place or with a significant delay due to his own fault, the Passenger may publish this or any other negative experience in the System on the Driver´s profile page.
During each trip, the Passenger is obliged to keep his / her own documents suitable for personal identification, as well as his / her travel document valid in case of a foreign trip. In the case of a trip abroad. If requested by the Driver, the Passenger is obliged to present his / her valid travel document to the Driver before the start of the trip. In the absence of a valid travel document, or in the case of a Passenger who refuses to present it, and if the Passenger has appeared in a condition not suitable for travel, the Driver may refuse to remove the Passenger.
Question of responsibility
The Platform Provider´s task is limited to establishing contact between Drivers and Passengers. The Platform Provider shall not be liable for any event or damage that occurs during the common trips, for the authenticity of the data provided by the Users, for the loss of any data and for damages resulting from the possible malfunction or interruption of the service.
Each User uses the System solely at his own risk, which he acknowledges during registration by accepting the GTC.
The User is solely responsible for the content published on their account and for any pecuniary and non-pecuniary damage that may arise in connection therewith. The User is obliged to ensure that the content made available by him in the System does not infringe the rights of third parties or the law, either directly or indirectly.
The Platform Provider shall not be liable for any errors or redundancies in the Service resulting from the malfunction of computer equipment, computer online systems, servers or service providers, software, Internet congestion or major events.
A secure, online payment option between Users is available in the System using the Stripe payment system. The payout for the Driver is on a weekly basis. The weekly payout takes place on every Wednesday. Weekly closing date is on Tuesday 0:00, every trip after that date will be paid on the next week. After deducting the service fee and the bank transaction fee, the Payment Service Provider shall transfer the amount to the drivers bank account. The Platform Provider takes 15% service fee on the reservations plus the transaction costs which depends on the user bank and the payment procedure.
When a passenger cancels his/her reservation less than 24hours before the trip starts, there will be an automated refund transaction with 50% of the amount of the whole reservation cost. When a passenger cancels his/her reservation more than 24 hours before the trip starts, there will be an automated refund transaction with 90% of the whole reservation cost. When the drivers. cancel the trip the passenger will get back 100% of their reservation costs.
After every succesfull transactions the user will get a notification in form of a -pdf file with every needed information. The drivers will be notified with the amount they was making. The passengers will be notified with the amount they was spending on the service.
The Platform Provider is entitled to restrict or terminate the access of the Users (delete their registration), delete their advertisements or other content published by them, if the User:
misuses the personal data of another User;
did not provide true data ( s );
uses the System improperly, violates the provisions of these GTC;
endangers the operation of the service;
intentionally infringes the interests of other Users, acts unfairly towards them, in particular, but not exclusively, in relation to the following;
- It intentionally or regularly deceives other users;
- Gives access to another User or a person not registered in the System to deceive other Users;
- Uses Multiple Registrations for Unauthorized Benefit
- Use zamMe´s message board and / or internal messaging system to mass distribute unwanted electronic communications
Infringes the business interests of the Platform Provider, in particular, but not exclusively, with regard to:
- Encourages out-of-system contact, provides contact information, or requests at the following locations:
- in an internal message before booking
- in the ad description
- car color, brand description
- in posted text
- and any other fields visible to the public or logged in users on the Site that - - are not intended for that purpose
- marks the actual joint trips or Parcel Delivery as not completed or encourages your travel companion to do so
- posts false, hateful, defamatory, harassing, offensive, obscene, offensive, threatening, false or misleading content, or links to content on the System and / or the Platform Provider´s Facebook page.