Terms and conditions

Valid starting Nov 24, 2023

Mission & product Valid by accessing the applications and accepting the Terms and Conditions of Use and by using the services or the applications in any way, in whole or in part, you will be legally bound to the Company. By using the Hip.Car app or website (hereinafter referred to as the "App" or Hip.Car), you agree to be bound by these Terms. Please read them carefully before using the App. If you do not agree with these Terms, do not use the App.T hese Terms and Conditions (hereinafter referred to as "Terms") constitute a legal agreement between you (hereinafter referred to as "rider" ) and Hip.Car (hereinafter referred to as "Company" or "Hip.Car"). We are Concept Apps Development S.A., a legal entity established in Romania, with the registered office in Bucuresti, Maria Hagi Moscu Str, No 1A, Register of Commerce identification number J40/14820/2020, fiscal identification number RO30655819. You can contact us at www.Hip.Car. General terms User Accounts: 1.1. Users must create an account linked to their mobile phone number with accurate information. 1.2. Users are responsible for account credentials and activities. 1.3. Users must be of legal age in their jurisdiction. 1.4. Valid payment methods may be required for certain Partner Services. 1.5. Additional information and documents may be required for bookings and listings. 1.6. Users are not obligated to use the Hip.Car app or website. 1.7. Temporary access restrictions may apply for suspected breaches. 1.8. Hip.Car may undertake screenings and verifications but does not endorse or commit to specific screening processes. 1.9. Solvency of riders cannot be guaranteed. Responsibilities and Rights: 1.10. Hip.Car operates a marketplace for transportation providers and reserves the right to update its technology, receive compensation for completed orders, set prices, and manage intellectual property rights. 1.11. Hip.Car is responsible for hosting the marketplace infrastructure, facilitating payment processing, carrying out financial settlements, ensuring software availability and functioning, and providing transparency. 1.12. Hip.Car shall ensure a loyal and equitable environment for partners and provide detailed information regarding working principles. 2. Riders 2.1. Using the App: You may use the App to book rides and rent vehicles. The App works as a marketplace, mediating requests for transport services between riders and partners. Hip.Car does not provide transport services. 2.2. Transport Service Providers: Third parties provide transport services independently. Disputes related to consumer rights, legal obligations, or transport services will be resolved between riders and partners. Partner data and ride/rental history are available in the Hip app. 2.3. Access and Responsibility: You can download/access Hip mobile apps/websites on devices with an internet connection and popular operating systems. You are responsible for network access and associated fees, as well as device compatibility for using the services. You may need to provide proof of a valid driving license if you're driving a rented vehicle. 2.4. Booking a Trip: To book a trip, you must initiate a request in the app, specifying details. The trip cost and security deposit will be blocked on your card during the request. If no car is available, your card will be unblocked. 2.5. Trip Management: To start/end a trip, meet the partner at the specified location and time. Vehicles with app control features can be unlocked/locked using the app. You must return the vehicle to the drop-off address mentioned in the request, unless agreed otherwise with the partner. 2.6. Vehicle Monitoring: Vehicles booked on Hip App may have app control features or on-board devices for monitoring. You authorize the use or disclosure of non-personal vehicle information, subject to the manufacturer's terms. 2.7. Cancellation Policy: You can cancel a trip at least 48 hours in advance for a full refund. Cancellations made less than 48 hours before pickup incur a cancellation fee. 2.8. Vehicle Care and Usage: Treat the vehicle well, return it on time, and only allow the designated driver to use it. You're financially responsible for damage/theft during the trip, regardless of insurance. You may be covered by your own insurance policy for damage to the booked vehicle. 2.9. Payment Authorization: You authorize charges for various balances, including trip costs, fees, fines and claims, deducted from your payment credentials. 2.10. Safe Vehicle Operation: Always operate the vehicle safely and comply with laws. Hip App can terminate your trip for safety concerns. Do not leave the car unlocked or with keys unsecured. Do not engage in prohibited uses with the vehicle. 2.11. Vehicle Condition and Inspection: Partners must comply with legal requirements and maintain safe vehicles. Inspect the vehicle before use, report pre-existing damage, and report safety concerns. 2.12. Hip.Car is not responsible for vehicle safety, legality, or lost/stolen property. 2.13. Reporting Damage: Report any damage immediately. In case of personal injury, report to the police and cooperate with investigations. 2.14. Vehicle Misuse: Various actions may lead to reporting the vehicle as stolen, civil/criminal penalties, and loss of protection plan. 2.15. Repossession and Missing Vehicles: Hip.Car, its agent, or the partner may repossess a vehicle if it's not returned on time, used illegally, or in violation of terms. If a booked vehicle goes missing or is stolen, return the key, file a police report, and cooperate with authorities. 3. Partners 3.1. Partner Registration and Terms: By clicking the "Sign up" button, you represent that you are entitled to use the platform for providing the Service, agree to these General Terms, provide accurate information, not authorize others to use your account, and comply with all applicable laws. 3.2. Fleet Companies and Liability: Fleet companies may register accounts for employees and service Hip.Car, but only the authorized person may provide Transportation Services. The fleet company and its employees remain jointly liable for any infringements. 3.3. Licensing and Documentation: Partners must have all required licenses, permits, insurance, and other documentation in their jurisdiction. Partners must maintain the validity of these documents, and Hip.Car may request proof. 3.4. Professional Service and Responsibilities: Partners must provide services professionally and prioritize the rider's best interest. This includes taking cost-effective routes, avoiding unauthorized stops, and complying with traffic laws. 3.5. Service Availability and Pricing: Partners have the right to accept, decline, or ignore service requests. Partners must pay Platform and fleet fees, and fees may change over time. 3.6. Tax Obligations: Partners must comply with all tax obligations, including income tax and social security tax. Hip.Car may share partner activity information with authorities. 3.7. Rider Ratings and Activity: Riders can rate and leave feedback. Partners' ratings affect their account. Low activity may result in suspension. ‍ 3.8. Vehicle Requirements: Partners must provide safe, legally registered, insured vehicles in good mechanical condition. No older than 10 years, less than 200.000 km. 3.9. Listing Accuracy and Compliance: Partners' listings must be accurate and complete. Partners cannot charge higher prices or offer vehicles they don't own. 3.10. Insurance and Registration: Partners must maintain valid registration and insurance for listed vehicles. The app does not provide insurance coverage. 3.11. Vehicle Information: Partners must provide vehicle details and documents, ensuring ownership or sharing authority. Compliance with tracking and technology requirements is essential. 3.12. Image Usage: Partners are responsible for using accurate images. Uploading content grants a license to Hip.Car for their use. 3.13. Trip Execution: Partners must provide vehicles as expected, verify rider information, and not collect unnecessary documentation. 3.14. Pricing: Partners agree to app-proposed pricing. Hip.Car will pay partners, minus fees, based on fare collected from riders. 3.15. Payment and Payouts: Payments will be made weekly for amounts exceeding €800. Partners authorize payment processing and agree to provide accurate information. 3.16. Vehicle Safety and Eligibility: Partners are responsible for vehicle safety and compliance with inspection and registration requirements. Hip.app may notify and remove vehicles that don't meet safety standards. 3.17. Damage Reporting: Partners must report rider-caused damage within 24 hours and cooperate in the investigation. Partners retain their rights to any amounts owed to them. ‍ 3.18. Missing Vehicles and Cooperation: In case of missing vehicles, partners must contact Hip.Car and cooperate with authorities in the investigation. 4. Fees and Payments 4.1. Rider Booking and Payments: Riders can book transportation services (car rides, car rentals) through the App. The fare is displayed in the App before rider confirmation, and riders are responsible for ensuring payment. Riders are liable to pay the fare for delivered services or a cancellation fee if services aren't provided due to rider-related reasons. 4.2. Payment Processing: Hip.Car acts as a marketplace for transport service providers, authorizing them to mediate contracts with riders, including card payment acceptance and forwarding. 4.3. Payment Methods: Riders can pay directly in cash to the partner or via In-app Payment. Partners are responsible for collecting the fare if riders pay directly. In case of non-payment, Hip.Car may send a debt notice on behalf of partners. Hip.Car is not obligated to compensate unpaid fares. 4.4. Fare Adjustments: Hip.Car may adjust fares for violations (e.g., taking longer routes) or technical errors. Reduction or cancellation of fares is done reasonably and justifiably. 4.5. Cancellation and Wait Time Fees: Riders may cancel accepted requests, and partners may be entitled to a cancellation fee under specific conditions determined by the Hip App. 4.6. Receipts: After each successful service provision, Hip.Car creates and forwards a receipt to riders with relevant information. Receipts are accessible via the trip history menu in the App. 4.7. Billing and Fees: Partners are invoiced only for the Hip.Car Fee, compensated weekly based on activity reports and settlement documentation. 4.8. Authorization Fee: Partners can charge their drivers an 'authorization fee'. ‍ 4.9. Car Branding Fee: Partners receive a monthly fee of 25 euros for branding cars with the Hip.Car logo. 4.10. Damage Compensation: If riders negligently damage the vehicle during service provision, the car provider is entitled to compensation, which can be requested via the app's support feature. 5. Privacy & Limited liability 5.1. The Company may collect and use personal information in accordance with its Privacy Policy, available in the app and on the website. ‍ ‍5.2. The Hip app is provided on an "as is" and “as available” basis. The Hip.Car does not represent, warrant or guarantee that access to Hip app will be uninterrupted or error free. In case of any technical, we will do our best to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee that the app will function at all times, for example a public emergency may result in a service interruption. 5.3. Hip app, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using Hip app or relying on, the trip contracted for through the app, 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. Modification & Termination 6.1. The Hip.Car reserves the right, at its sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. 6.2. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Hip Account within 30 days. 6.3. If you choose to close your Hip Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you. 6.4. The Company reserves the right to terminate or suspend a rider's access to the App at its discretion, with or without cause. 7. Governing Law 7.1. These Terms are governed by and construed in accordance with the laws of Romania. Any disputes arising from or relating to these Terms will be subject to the exclusive jurisdiction of the courts of Bucharest. 7.2. By using the App, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you have any questions or concerns, please contact us at contact@hip.car / tel (+4) 0724.895.465.