Terms of Use for BananaCar

Definitions used in the rules:

The BananaCar service refers to the websites: www.bananacar.lt, www.bananacar.lv, www.bananacar.ee, www.bananacar.ua, www.bananacar.ru, from now on referred to as the "Website" or "Search system. "

"Joint trip" - a joint journey between a Driver and Passenger (from the territory of one state or outside its borders) on a vehicle where the Passenger makes a small contribution to cover the costs of such a trip or when the parties agree to travel without Remuneration.

"Remuneration" - the amount of money agreed between the Driver and the Passenger that the Passenger pays to the Driver to cover the costs of a particular trip.

"User" is a Passenger, Driver or any other registered or unregistered user working with the Search system or using the services of the site.

"Driver" is a User who offers the Passenger a place in his vehicle to travel on a specific route, at a particular time.

"Passenger" is a User who has accepted or intends to accept the offer of the Driver to make a joint trip along the route established by the Driver and at the time set by the Driver.

"Account" is an account created by a User of the Website.

 

General Provisions

  1. These rules apply to all users (registered and unregistered) of the site.

  2. Upon starting the use the site, the User expresses his consent to comply with these rules.

  3. By starting to use the site, the User confirms that he gives his consent to the processing of personal data as part of the privacy policy.

  4. The primary data about the trip - the time of the meeting, as well as the time of embarkation and disembarkation - must be specified while using the search engine.

 

Posting information on the site and using the site

  1. Users of the Website cannot be minors who are under the age of 18 at the time of registration.

  2. Before you start using the site, the User will need to register - to do this, create your account by entering valid personal data such as name, surname, age, valid mobile phone number, and email address. Personal data will be processed to provide the User with the most accurate information about the site. If you do not agree with the processing of personal data, do not create an account.

  3. Each User has the right only to create one account. The User can only use his own personal account. Using multiple accounts or using other users' accounts is strictly prohibited.

  4. When posting travel information, as well as any other information (comments about other users, etc.) in the Search System, the User gives his consent to the processing, use, and storage of this information by the Site Administration.

  5. The User agrees not to post on the site things that are false, offensive, misleading and other information which may be prohibited for publication, as well as materials that violate the rights of others (including intellectual property rights).

  6. The User agrees not to post advertising materials on the website (information about the specific proposed joint trip or the search for such a trip does not apply to advertisement articles).

  7. At the request of the Site Administration, the User agrees to remove any information from the Search system if there is a reason to believe that the publication of this information is unlawful.


Joint travel arrangements

  1. A user working with the website does not have the right to receive remuneration for joint trips that took place while using the site. The amount received from a fellow traveler can only be used to cover travel expenses and cannot exceed these expenses.

  2. The user, during their trip, does not have the right to provide any other paid services to make a profit.

  3. The Site Administration warns that the transportation of passengers for a fee is a licensed activity. Drivers who provide paid services or try to avoid fulfilling licensing requirements are strictly prohibited from posting ads in the system.

 

Driver Responsibilities

The site user - the driver, fulfilling the conditions of the planned joint trip, is obliged:

  1. To arrive in person at the agreed meeting place on a recognized vehicle and wait for the passenger no more than past 15 minutes from the agreed meeting time, unless otherwise agreed;

  2. He must also ensure cleanliness, technical serviceability, the suitability for his vehicle;

  3. If the conditions of the trip change, contact all Passengers who have booked the trip in person and agree on new terms with them. If the passenger does not agree with the changes, the driver is obliged to refund the received payment;

  4. If one or more Passengers refuses the trip, do not use this as the basis for the modification conditions for the other Passengers who have booked it;

  5. Comply with ethical standards - language, clothing requirements, the etiquette of communication, take a positive approach to solve any problematic situations;

  6. Strictly observe the rules of the road;

  7. Carry a CTP insurance policy with you, comply with its regulations and requirements, make sure that the insurance conditions allow you to carry passengers;

  8. Have a valid driver’s license, valid registration documents, and technical inspection documents of the vehicle, other necessary documents. At the request of the passenger, the driver must provide the passenger with all the following documents for review;

  9. If the vehicle is traveling outside the Republic of Lithuania, the driver must ensure that all necessary documents are also valid abroad;

  10. Calculate in advance all the costs associated with the trip and provide that the remuneration received from the passenger will cover only the expenses related to the trip and will not create any conditions for making a profit; 

  11. To return the payment received if the joint trip did not take place (unless the trip did not take place due to the passenger’s fault);

  12. For any damage caused to the passenger or third parties, the driver shall be liable per applicable law.

 

Passenger Responsibilities

The User of the site - Passenger, fulfilling the conditions of a joint trip, is obliged:

  1. To arrive in person at the agreed meeting place and wait for the driver no more than 15 minutes after the agreed meeting time, unless otherwise specified;

  2. Comply with ethical standards - language, clothing requirements, the etiquette of communication, take a positive approach to solve any problematic situations;

  3. Strictly observe the rules of the road;

  4. Inform the driver in advance about the planned amount of baggage, pack the luggage so that it does not damage the car or the bags of any other Passengers, and also not to carry any prohibited things in baggage. If entering through the border of a country, according to the current legislation, you must declare all items subject to declaration, inform the driver in advance about this;

  5. Inform the driver immediately if the joint trip is canceled at the initiative of the Passenger;

  6. Pay the driver for the agreed part of the costs;

  7. For any damage caused to the driver or vehicle, the Passenger shall be liable per applicable law.

 

The BananaCar service

  1. The search engine in “BananaCar” (sites www.bananacar.lt, www.bananacar.lv, www.bananacar.ee, www.bananacar.ua, www.bananacar.ru) is not a subject of commercial activity. Users can use the search engine for free.

  2. The BananaCar search engine is designed for individuals who are looking for the opportunity to travel by car to a specific place.

  3. Search engine "BananaCar" cannot be used for commercial purposes - the organization of passenger traffic, tourist travel, etc. BananaCar asks to inform drivers who violate this provision immediately.

  4. The BananaCar Administration cannot control Users, nor is it possible to ensure compliance with the rules for using the site. 

  5. The BananaCar administration does not check the registration of vehicles, their technical condition, insurance policy, etc., therefore, does not provide any guarantees and does not undertake any liability for Users and third parties to compensate for damage resulting from violations of the rules of use site or violation of any other legislative acts.

  6. The BananaCar search engine is not involved in transportation and does not provide any transportation-related services. Our sites (sites www.bananacar.lt, www.bananacar.lv, www.bananacar.ee, www.bananacar.ua, www.bananacar.ru) are a search engine and a "bulletin board" where the users can post their offers and look for other offers. All agreements regarding a joint trip are concluded directly between the Users of the site, and this does not create any obligations for the BananaCar site.

  7. The Administration of the BananaCar Search System does not analyze any complaints and claims of Users, nor does is it give its conclusions regarding the quality of the services provided, violation of the rules, etc. If it seems to you that other Users violate your rights, then, depending on the situation, you should go to court or other consumer protection organizations involved in resolving disputes.

  8. For all the information posted on the site and the implementation of the agreements associated with it, those Users who provide information and/or services and/or use it are personally responsible. The administration of BananaCar does not participate in these relations and is not responsible for their consequences.

  9. The BananaCar search system has the right to store and use any information on the site related to the site's activities (information necessary to create a users account, the information contained in announcements, complaints, etc.). The administration of the BananaCar Search System has the right to delete any information posted by the User, both at its discretion and at the request of any government agencies.

  10. At the request of government agencies, the Administration of the BananaCar Search System has the right to disclose all available information about Users, offers, claims, etc.

  11. The site design, the name of the trademark, any other intellectual property of the BananaCar Search System is protected; therefore it is strictly forbidden to copy or use it in any other way without the consent of the Administration of the BananaCar Search System. The site or any part of it cannot be reproduced, duplicated, copied, sold, resold or otherwise used for commercial purposes without the written consent of the Administration of BananaCar. It is also forbidden to collect, store, and use data posted on the site for commercial purposes.

  12. For more information on BananaCar liability, see the BananaCar Disclaimer section.

 

Disclaimer of the BananaCar Service

  1. The Administration of the BananaCar ”does not and will not bear any responsibility in the future for the actions (or inaction) of Users, which resulted in damage to property, health or any other interests of other Users or third parties.

  2. The Administration of the BananaCar Search System does not hold and will not hold any responsibility in the future for inaccurate or inappropriate information provided by the Users, as well as for any cancellation, changes to the terms of travel, unpaid or non-refundable travel rewards, violation of mutual agreements between the Users.

  3. The administration of BananaCar is not responsible for the illegal activities of Users.

  4. The administration of BananaCaris not responsible for the losses of Users or lost in revenues, for any (direct or indirect) damage, or the implementation of mutual agreements and violation of the rules, etc.

  5. The administration of BananaCar is not responsible if the User, in violation of the rules, uses the site for commercial activities.

  6. The administration of BananaCar does not consider any claims regarding the actions or inaction of other Users. If you have comments or requirements for other Users, you can contact these Users directly or in institutions that are involved in the dispute. You can express your dissatisfaction or compliments concerning other Users utilizing the rating system and comments (if such opportunities are possible).

  7. Users agree on limitations of the liability of the BananaCar Administration are reasonable and necessary, and do not object to the restrictions on the responsibility of the BananaCar staff acting in the specified scope.


 

User Rights

  1. Users agree that the Administration of the BananaCar has the right at any time (without prior warning) at its discretion to restrict the User’s ability to use the system, suspend user accounts or delete User accounts.

  2. Information about the restrictions applied can be obtained by writing to the administrator.

  3. The administration of the BananaCar has the right to take all necessary measures to identify the User (by IP address and any other data) to avoid breaking the rules and reconnecting blocked Users when they create new accounts. This is not an obligation, but the right of the Administration of BananaCar.

 

Tips for Traveling System Users

  1. Before starting a trip, discuss the main conditions: the amount of payment, the starting and ending points of the route (exact addresses), the time of the meeting, the estimated duration of the trip, the amount and type of luggage, the ability to smoke in the car, the total number of passengers, the ability to travel with pets, the number of children who require special traveling conditions (child seats, etc.), the ability to listen to music, and etc.

  2. Find out which car you will travel in: make, year of manufacture, model, color, state number. Pass this information on to your loved ones who are not traveling with you.

  3. Take all safety measures available to you, carefully study the situation, take care of your safety.

  4. Using BananaCar, you act on your behalf and at your discretion. Before deciding on a trip, or accepting any fellow travelers onto your ride, evaluate all the information available to you, take all precautions. The BananaCar administration does not consider the claims of Users regarding failed trips.


 

Dispute Resolutions

  1. The relations between the Users of the BananaCar are regulated by the laws of the Republic of Lithuania.

  2. Any disputes arising between BananaCar Users are regulated per the laws of the Republic of Lithuania - in court at the place of registration of the BananaCar administrator.

  3. Disputes arising between users are regulated per applicable law.

 

Changes to the Rules

  1. The administration of the BananaCar Search System has the right at any time to make changes to these rules, to the rules of the Privacy Policy, as well as to make any changes related to the operation, external design, the functionality of the Search system without the consent or prior warning of Users.

  2. Changes to the rules come into force from the moment they are published on the site. When publishing changes, the current version of the rules is indicated.