Terms and Conditions
Terms and Conditions for Passengers
These General Terms and Conditions set out the terms and conditions applying to and main the usage of the WayGo app - which connects passengers with drivers to help them move around cities.
The term “us” or “we” refers to WayGo Sia registered under the laws of Republic of Latvia with registration code XXXXXXX, registered office XXXXXXXX.
In order to use WayGo app you must agree to the terms and conditions that are mentioned below:
1. Using the WayGo app
1.1 WayGo provides service through WayGo app that enables mediation of the requests for transport services between the passengers and drivers and WayGo does not provide transport services. Transport services are provided by drivers under a contract (with you) for the carriage of passengers. Drivers provide transport services on an independent basis (either in person or as fleet company). WayGo is not responsible in any way for the fulfilment of the contract entered into between the passenger (you) and the driver. Disputes arising from customer rights, legal commitments or from law applicable to the provision of transportation services will be determined between the passengers and drivers.
1.2. The passenger (you) enters into a contract with the driver for the provision of transport services via the WayGo app. Depending on the payment options supported for given location of the journey, you can choose whether to pay the driver for the transport service in cash or use WayGo Wallet or by cards. Charges will be included of applicable taxes wherever it is applicable by law.
1.3. During the installation of WayGo app, passenger’s mobile number is linked to the respective WayGo user account and added to our database. In case you change your mobile number, you must inform WayGo within 5 days so we can update your account data accordingly.
2. Promotional Codes
2.1 WayGo may send you promotional codes as per promotion basis. You can use the promo codes on your ride and before expiration of the promo code, some promo code can be used only once and can be used more than once. Only one promotional code may be applied per trip.
2.2 WayGo reserves the right to cancel any promotional code at any time for any reason.
3. WayGo Wallet Payment
3.1 Depending on the payment options supported for the given location of the journey, You can pay for the rides with a card or cash as and when available through WayGo App. By offering WayGo Wallet service, WayGo acts as commercial agent for the providers of the transport services. Every driver has authorised WayGo as their commercial agent of contracts between the driver and the passenger, including the power to accept payments from the passengers and to forward the payments to the driver on their behalf. Your obligation to the provider of the transport service will be fulfilled when the payment order is given to transfer funds to WayGos’ 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 WayGo Payment options in the App, WayGo receives your payments and forwards money to the driver. WayGo may ask additional data from you to verify payment method or cards.
3.3 WayGo will be responsible for the functioning of WayGo Payment options in the App and provide assistance in resolving issues. The resolution of disputes related to WayGo Payment options in the App also takes place through us. You can contact WayGo payment related issued at info@waygo.com.
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. WayGo 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. When a transport service request is cancelled after certain time period you are obliged to pay a cancellation fee.
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 the WayGo app, the request will be deemed cancelled. Sometimes driver may decide to cancel your request, please note that WayGo is not responsible for such situations.
4.7 If you have requested transport services using the WayGo app and cause damage to the driver’s vehicle or its furnishing you are obliged to pay a fine of 70 EUR and require compensation for any damages exceeding the penalty.
6. Liability
6.1 As the WayGo app is a platform between passengers and drivers, we cannot promise or take any responsibility for the standard or the absence of defects within the provision of transport services. because the usage of WayGo app for requesting transport services depends on the behaviour of the drivers, WayGo doesn't guarantee that you simply will always have offers available for the supply of the transport services.
6.2 The WayGo app doesn't offer or negotiator transport services for passengers. it's also not a conveyance agency service for locating passengers for transport providers. The WayGo app is employed because the means for establishing the availability of transport services.
6.3 The consumer’s right of refund isn't applied to WayGo app orders. Requesting a refund from the transport service doesn't remove you from the agreement within the situation of which the availability of the transport service was ordered.
6.4 The WayGo app is provided on an "as is" and “as available” basis. WayGo does not represent, permit or guarantee that access to WayGo app will be nonstop or error free.
6.5 The financial liability of WayGo in connection with breach of the contract will be limited to 700 euros. You will have the right to claim for damages only if WayGo has deliberately violated the contract. WayGo will not be liable for the actions or inactions of the driver and will not be accountable for indemnities that the driver origins to the passengers.
6.6 WayGo may immediately end your use of the WayGo app if you breach these General T&C or we consider it essential to defend the truthfulness of WayGo or the safety of drivers.
7. Good practice using the WayGo app
7.1 As WayGo is not a provider or negotiator 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 in the WayGo app and can also give the rating to the Driver after completing the ride, as per your experience with the particular Driver. This enables us to offer suggestions to the drivers for improving the quality of their service.
7.3 We expect that you use WayGo app in good confidence and be dutiful of the drivers who offer their services through WayGo app. WayGo 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 malevolent, or you are using the stolen card to make the payments.
7.4 WayGo will make every effort to ensure that only drivers, who have integrity and are humble of their profession and passengers, use the WayGo app. However, we are in no position to guarantee that every provider of transport services, located by the WayGo app, gratifies the above-mentioned standards at all times.
8. Revisions to the General T&C
8.1 If any important revisions are made to the General Terms and Conditions, then you will be informed by e-mail or WayGo app notifications. If you continue using WayGo app, you will be supposed to accept the revisions.
9. Final Provisions
The General Terms and Conditions will be administered by and interpreted and imposed in accordance with the laws of Republic of Latvia. If the particular dispute resulting from General Terms or Agreement could not be settled by the dialogs, then the disagreement will be finally resolved in Court in Riga, Latvia.
General T&C for Drivers
These General Terms set out as the key terms and conditions applying to and foremost the usage of the WayGo Services. In order to provide Transportation Services via using the WayGo Platform you must come to an agreement to the terms and conditions that are set out below.
1. DESCRIPTIONS
1.1. WayGo (also referred to as “we”, “our” or “us”) – WayGo Sia incorporated and registered under the laws of Republic of Latvia with registration XXXXXXXX, registered office XXXXXXX Republic of Latvia, or other WayGo group company or cooperation partner where WayGo Services are not provided by WayGo Sia.
1.2. WayGo Services – services that WayGo offers, including facility and upkeeping of WayGo App, WayGo Platform, In-app Payment, customer support, communication between the Driver and the Passenger.
1.3. WayGo App –It is a smartphone application for Drivers and Passengers to demand and accept Transportation Services and it is available for both Android and IOS users.
1.4. WayGo Platform – technology involving Passengers with Drivers to benefit them move around cities more efficiently and safely.
1.5. Passenger – a person demanding Transportation Services by using WayGo Platform.
1.6. Driver (also referred to as „you“) – the person offering Transportation Services via the WayGo Platform. All Driver will have their own personal WayGo Driver Account to use WayGo App and WayGo Platform.
1.7. Agreement – this agreement between Driver and WayGo regarding the use of WayGo Services which consists of:
1.7.1. these General Terms;
1.7.2. special terms displayed in WayGo App, e.g concerning price info or service descriptions;
1.7.3. the Drivers guidelines; and
1.7.4. other terms referred to in this Agreement as may be modified from time to time.
1.8. Fare – the fee a Passenger is obliged to pay Driver for providing of the Transportation Services.
1.9. WayGo Fee – the fee that Driver is obliged to pay to WayGo for using the WayGo App.
1.10. In-app Payment – cards, cash, carrier billing and other payment methods used by the Passenger via the WayGo App to pay for the ride.
1.11. WayGo Driver Account – access to a website containing information and documents regarding usage of the WayGo Services in course of provision of Transportation Services, including accounting documentation. Driver may access the WayGo Driver Account at XXXXXXXXX by entering username and password.
1.13 Transportation Services – transport service a Driver is providing to Passenger whose request Driver has accepted through the WayGo App.
2. AGREEING WITH THE AGREEMENT
2.1. Before, you start using the WayGo App and its services, you must sign up on website and uploading all the listed documentation on the website required by us to successfully complete the sign up process. You may sign up either as a legal or a natural person. Upon successful completion of the signup application, you will be provided with a personal account that you can login with a username and password. By clicking the „Sign up" button you accept all the terms and conditions.
2.1.1. pursuant to valid legal acts, you are entitled to enter into an agreement with us to use the WayGo App for offering the Transportation Service;
2.1.2. you have carefully studied, fully understand and agree to be bound by these General Terms, including all obligations that arise as provided herein and from Agreement;
2.1.3. all the information you have presented to us is accurate, correct and complete at best of your knowledge;
2.1.4. you will keep WayGo Driver Account accurate and profile information updated at all times;
2.1.5. you will not authorize any other persons to use your WayGo Driver Account nor transfer or assign it to any other person;
2.1.6. you will not use the WayGo Services for unauthorized or unlawful purposes and impair the proper operation of the WayGo Services;
2.1.7. at all times, you fully obey with all laws and protocols applicable in the municipal you are providing Transportation Services in, including (but not limited to) rules regulating passenger transportation services;
2.2. You need to provide your bank details during the registration. In case you are a legal person, you must insert the bank account of the company. We will transfer Wallet Payment fees to the bank account that you have provided. We are not responsible for any wrong money transactions in case you have provided wrong bank details.
2.3. After submitting the signup application, you will receive an e-mail with additional conditions that must be met in order to use WayGo Services. These conditions may include providing criminal records, valid driving license, satisfactory technical state of the vehicle, completion of a training course, owning a GPS-supporting mobile device and other conditions as described in the pertinent e-mail. The failure to comply with the provided requirements and conditions may result in termination of the Agreement and right to use the WayGo App.
3. RIGHT TO USE WayGo APP AND WayGo DRIVER ACCOUNT
3.1. License to use the WayGo App and the WayGo Driver Account. Subject to your obedience with the Agreement, WayGo hereby allow you to have a license to use the WayGo App and the WayGo Driver Account. The license does not allow you the right to sublicense or transfer any rights to the third persons.
3.2. While using the WayGo App and WayGo Driver Account you may not:
3.2.1. attempt to gain unauthorized access to the WayGo App, WayGo Driver Account or any other WayGo Services.
3.3. The License granted herein cancels automatically and instantaneously with termination of the Agreement. After termination of the Agreement you should stop using the WayGo App and the WayGo Driver Account and we are permitted to block and delete your Driver account without a former announcement.
3.4. All copyrights and trademarks, including logos and visual designs are owned by WayGo and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the WayGo Platform or any other WayGo Services you do not acquire any rights of ownership to any intellectual property.
4. PROVIDING THE TRANSPORTATION SERVICES
4.1. The Driver’s Commitments. You hereby guarantee to provide Transportation Services in accordance with the General Terms, Agreement as well as laws and regulations applicable in the area where you are offering Transportation Services. Please note that you are fully liable for any violation of any local laws and regulations as may arise from offering Transportation Services.
4.2. You should have all licenses (including a valid driver’s license), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the Transportation Services. It is your responsibility to maintain the validity of all aforementioned documentation.
4.3. You holds the only right to regulate when you are providing the Transportation Services. You shall accept, decline or ignore Transportation Services requests made by Passengers at your own will.
4.4. Costs you acquire while providing the Transportation Services. You are obliged to provide and maintain all equipment and means that are necessary to perform the Transportation Services at your own expense, including a car, smartphone, etc. You are also responsible for paying all costs you acquire while performing the Transportation Services including, fuel, phone bills, duty fees, amortization of the vehicle, insurance of car and/or personal, payroll taxes etc.
4.5. Fares. You are entitled to charge a fare for each ride you have on the WayGo Platform and completed the Transportation Service as requested (i.e. Fare). The Fare is calculated based on a pre-set base fare, the distance of the ride as determined by the GPS-based device and the duration of the travel. The pre-set base fare may fluctuate according to the situation.
4.6. Passenger may have the option to pay the fare for the Transportation Services either directly to you or via the Waygo Wallet. If Passenger pays the Fare directly, it is your obligation to collect the Fare.
4.7. Cancellation fee & wait time fee. Passenger may cancel a request for Transportation Services that a Driver has accepted via the WayGo App. In this case Driver may be permitted to the Fare for cancelled Ride (Cancellation Fee) in the event that a Passenger cancels accepted request for Ride after certain time period determined by WayGo App.
4.8. Your tax obligations. You hereby accept that you are obliged to fully obey with all tax responsibilities that arise to you from the applicable laws in relation to providing the Transportation Services, including paying income tax, social security tax or any other tax applicable.
5. WAYGO FEES
5.1. In order to use the WayGo Services, you are obliged to pay to a fee (i.e. the WayGo Fee). The WayGo Fee is paid based on the Fare of each Ride order that you have completed. The amount of the WayGo Fee is made available to you via e-mail, WayGo App, WayGo Driver Account.
5.2. You must pay the WayGo Fee and any other fees due to us for the previous month at latest by the 10th date of the following month. Upon delay with payment of the WayGo Fee, your account will be suspended temporarily until you settle the full amount.
6. WayGo Wallet Payments
6.1. We may enable Passengers to pay for the Transportation Service via cards, carrier billing and other payment methods directly in the WayGo App (i.e. Wallet Payment). You hereby permit us as your commercial agent to receive the Fares or other fees paid by the Passenger via Wallet Payment and to forward relevant amount to you. Any payment obligation made by the Passenger via the WayGo Wallet, Payment shall be considered rewarded as of the time that the payment has been made.
6.2. You cannot reject payment by the Passenger via the WayGo Wallet, or encourage the Passenger for not to use of the WayGo wallet.
6.3. You are entitled to review Payment reports in the WayGo Driver Account.
7. CUSTOMER SUPPORT
WayGo offers the Drivers customer support regarding the use of the WayGo Services. We have the right to stop providing the customer support services if you are failed to pay all the necessary fees to WayGo with in time limit permitted to you.
8. RATINGS AND ACTIVITY
8.1. In order to guarantee high-quality service and provide additional reassurance to Passengers, you can ask the Passengers to provide you a rating and leave feedback regarding the quality of the Services that you have delivered. Your average rating will be linked to your Driver´s account that you can see and it will be also available to Passengers at WayGo App.
8.2. In order to provide reliable services to Passengers, we may regulate a minimum average rating and a minimum activity score that Drivers must establish and maintain. If, after a pertinent notification from us, you do not increase your average rating or activity score to minimum level within the given time period, your Driver´s account will be automatically suspended either temporarily or permanently.
9. RELATIONSHIP BETWEEN YOU, WayGo AND THE PASSENGERS
9.1. You herewith acknowledge and agree that we provide the Platform service and do not provide Transportation Services. By providing the WayGo Platform and WayGo Services, we connect Passengers with Drivers to help them move around cities. WayGo, as the operative of WayGo App acts as the commercial agent of the Drivers for the negotiation of conclusion of contracts between the Driver and the Passenger, and thus, among other things, accepts payments from the Passengers and forwards the payments to the Driver’s account.
9.2. You acknowledge that no employment agreement nor an employment relationship has been or will be established between you and WayGo.
9.3. You may not transfer your rights and responsibilities arising from these General Terms or Agreement to any third party.
10. PROCESSING OF PERSONAL DATA
10.1. Your personal data will be processed in accordance with the Privacy Notice, available at XXXXXXXX
10.2. WayGo has access to all personal data and other data provided or generated in connection with your use of the WayGo Services. WayGo shall take all reasonable steps to ensure confidentiality of such data and comply with all applicable Privacy Policies and laws whenever such data contains personal data. Except where otherwise provided by applicable Privacy Policies and laws, WayGo maintains access to such data also after the Agreement between you and WayGo is terminated.
10.3. You have access to personal and other data provided by you or generated in connection with your use of the WayGo Services to the extent that is made available to you under your WayGo Driver Account through WayGo App. You shall take all reasonable steps to ensure confidentiality of such data and comply with applicable Privacy Policies and laws as long and to the extent that such data contains personal data of Passengers.
11. LIABILITY
11.1. The WayGo Platform is provided on an "as is" and “as available” basis. We do not represent, warrant or guarantee that access to WayGo Platform will be uninterrupted or error free.
11.2. To the maximum extent permitted under the applicable law, we, nor WayGo’s representatives, directors and employees are not liable for any loss or damage that you may suffer as a result of using the WayGo Services, including but not limited to:
11.2.1. any direct or indirect property damage or monetary loss;
11.2.2. loss of profit or anticipated savings;
11.2.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
11.2.4. loss or inaccuracy of data; and
11.2.5. any other type of loss or damage.
11.3. The financial liability of us in connection with violating the General Terms or Agreement will be limited to 700 euros. You shall have the right to claim for damages only if we have deliberately violated the General T&C or Agreement.
11.4. We shall not be liable for the actions or non-actions of the Passenger or co-passengers and shall not be liable for any loss or damage that may suffer to you or your vehicle as a result of actions or non-actions of the Passenger or co-passengers.
11.5. You shall be fully liable for breach of the General T&C, Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from us or any state authority. You shall indemnify us for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that we may occur in connection with your breach of the General T&C, Agreement and laws and regulations. If Passenger presents any claims against us in connection with your provision of Services, then you shall compensate such damage to us in full within 15 days as of your receipt of the respective request from us.
12. TERM, SUSPENSION AND TERMINATION
12.1. The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application. Agreements and other terms shall enter into force once the specific document or message has been made available to you and you commence or continue providing Transportation Services on WayGo Platform.
12.2. You may terminate the Agreement at any time by notifying WayGo at least 15 days in advance, after which your right to use the WayGo Platform and WayGo Services shall terminate. WayGo may terminate the Agreement at any time and for any reason at the sole discretion of us by notifying you at least 7 days in advance.
12.3. WayGo is entitled to immediately terminate the Agreement and block your access to the WayGo Platform without giving any advance notice in case you breach the General T&C or Agreement, any applicable laws or regulations, disparage WayGo, or cause harm to WayGo’s brand, reputation or business as determined by WayGo. In the above-mentioned cases we may, at own our will, forbid you from registering a new Driver account.
12.4. We may also immediately suspend (block) your access to the WayGo Platform and to the WayGo Driver Account for the period of enquiry, if we suspect a violation of the Agreement or deceitful activity from your side. The Driver’s account will be reactive once the examination disproves such uncertainties.
13. REVISIONS
13.1. WayGo holds the right to amend these General T&C anytime by uploading the revised version on its website XXXXX and notifying you (e.g. via e-mail, WayGo App or WayGo Driver Account).
13.2. WayGo shall provide at least 7 days advance notice via e-mail, WayGo App or WayGo Driver Account regarding the amendments that affect the rights of Business Users Operating in the Member State, unless:
13.2.1. WayGo is subject to a legal or regulatory obligation which requires it to amend the General T&C in a manner which does not allow it to respect the advance notice period;
13.2.2. immediate amendment is required to address an unanticipated and forthcoming risk related to health, safety or cybersecurity risks, or defending the WayGo Services, Passengers or Drivers from fraud, malware, spam or data breaches;
13.3. If you do not agree to the amendments of the General T&C or other conditions of the Agreement, you have the right to terminate the Agreement by terminating the use of the WayGo Services and providing termination notice to WayGo, and it will be come into an effect immediately
14. APPLICABLE LAW AND COURT JURISDICTION
14.1. The General T&C and Agreement shall be governed by and construed and enforced in accordance with the laws of Republic of Latvia.
15. NOTICES
15.1. You are obliged to immediately notify us of any changes to your contact information.
15.2. Any notice required to be given under the General T&C and Agreement shall be sufficiently given if:
15.2.1. delivered personally,
15.2.2. sent by courier with proof of delivery,
15.2.3. sent by registered mail,
15.2.4. sent by e-mail or
15.2.5. made available via the WayGo App or WayGo Driver Account.
15.3 Any notice which is sent or dispatched in accordance with the previous clause shall be deemed to have been received:
15.3.1. if delivered personally, at the time of delivery to the party;
15.3.2. if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party;
15.3.3. if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party;
15.3.4. if made available via the WayGo App or WayGo Driver Account, or
15.3.5. if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or withing the 48 hours following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.