Terms of Service

Date of last update: 31.08.2024

Thank you for using bimbarent!

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Bimbarent (meaning ТОВ “КАРТЕК ДИСТРИБ’ЮЦІЯ”). The terms “Bimbarent“, “we“, “us“, or “our” as used in these Terms mean Bimbarent.

The Bimbarent platform is an online marketplace that allows users (“Users“) to publish, offer, search and book services. Users who publish listings and offer services are referred to as “Owners” and Users who search, book and use services are referred to as “Guests“. Offerings of such services on the Bimbarent Platform are referred to as “Listings“.

In order to use the many features of the Bimbarent Platform, you must register an account with accurate and up-to-date information and keep this information up-to-date.

Bimbarent provides the Bimbarent Platform and does not own, operate, control or offer the Ads or Owner Services. Bimbarent is not a party to any contractual relationship between Owners and Guests, nor is it a broker or insurer. Bimbarent does not act as an agent for Users.

In addition to these Terms, we have a Privacy Policy that governs our collection and use of personal data.

Owners shall understand and comply with all laws, rules, regulations and third party contractual terms and conditions governing the Owner Services.

Guests Terms

1. Our Mission

Our mission is to create a community where you can organize your dream vacation easily, quickly and safely. Bimbarent Platform users post hundreds of Listings offering transportation rentals.

2. Searching and Booking on Bimbarent

2.1 Search. On the Bimbarent Platform you can find Services of owners by criteria such as type of Service, venues, rental dates and number of guests. Use filters for a more precise search. Results are determined based on the relevance of the request and other criteria.

2.2 Booking. By booking an Listing, you agree to pay all applicable fees, including the upfront pre-payment, applicable fees, in particular the Bimbarent Service Fee, and other items specified at the time of booking (the “Total Cost”). Upon confirmation of your booking, an agreement for the provision of the Services (also referred to as a booking in these Terms and Conditions) will be entered into between you and the Owner. Cancellation policies and other rules, standards, policies or requirements stated in the Announcement or at the time of booking are part of your agreement with the Owner. In order to provide the Services, some Owners request the balance of payment prior to rental, and apply fees, particularly taxes. You also agree that Owners may charge a refundable security deposit, which will be specified at the time of booking.

2.3 Reservation of Transportation. The reservation provides temporary rights to use, stay in and use the vehicle. Owner reserves the right to remain in the vehicle during your stay if: (i) reasonably necessary, (ii) provided for in your agreement with Owner, and (iii) permissible under applicable law. If you use the Vehicle after the designated rental time, the Owner may force you to leave the Vehicle in accordance with applicable law, including by means of a fine for overstaying. You may not exceed the maximum number of Guests allowed. 

You are responsible for ensuring that you and your invitees meet age, skill and fitness and other requirements. You must inform the Owner of medical and physical conditions or other circumstances that may affect your ability to use the Transportation.

2.4 Currency and Payment. Bimbarent platform provides Guests with an opportunity to pay a part of the Total Cost of the service at the time of booking and to pay the rest of the cost later to the Owners. Advance payment (pre-authorization of funds) is paid in the national currency of Ukraine at the commercial rate on the day of payment. The service is provided to external providers on the basis of separate legal relations, to which Bimbarent is not a party. The provider may charge you additional fees when processing payments, and Bimbarent is not responsible for such fees and expressly disclaims any liability in connection therewith.

3. Cancellation, Refunds and Change of Booking

3.1 Cancellation and Refunds. If a reservation is not confirmed by the Owner or is canceled by the Guest prior to confirmation by the Owner, the debited advance payment will be refunded in whole or in part in accordance with the Major Disruptive Events Policy.

The refund or cancellation period for pre-authorized funds depends on the payment method and the rules of the respective payment system (e.g. Visa or MasterCard). Bimbarent will take all necessary steps to correct payment processing errors of which we become aware.

Bimbarent will not refund any money transferred to the owner of the vehicle.

3.2 Booking Changes. Guests and Owners are responsible for any Booking Change they make on their own on the Bimbarent Platform or through the Bimbarent support team, and agree to pay any additional amounts, fees and taxes associated with any Booking Change.

4. Your responsibilities and assumption of risk

4.1 Your Responsibilities. You are responsible for your own acts and omissions and for the acts and omissions of your invitees and persons to whom you have given access to the Transport or other Owner Services. For example, this means that you (i) agree to leave the Vehicle (and personal property in it) in the same condition as when you arrived, and (ii) must act in good faith, treat others with respect, and comply with applicable law. If you book the Owner Service for a minor guest or he or she accompanies you, you must be legally authorized to act on his or her behalf and are solely responsible for him or her.

4.2 Your Acceptance of Risk. You acknowledge that many activities involve risk and, in all legally permissible cases, you assume all risk in connection with your access to or use of the Bimbarent Platform and Content (as defined in Section 9), including use of the Transport or other Owner Services and other interactions with Users both online and in person. This means that it is your responsibility to determine for yourself whether an Owner Service is right for you. For example, Owner Services may involve risks of illness, injury, physical injury or death, and by using Owner Services, you voluntarily and knowingly accept these risks.

Owners Terms

5. Hosting on Bimbarent.

5.1 Owner. Bimbarent provides Owners the opportunity to share their transportation with an active community of Guests and generate revenue. Creating a Listing is easy and for each Listing you can set your own price, free dates and rules.

5.2 Contracting with Guests. By accepting a booking request or receiving a booking confirmation through the Bimbarent Platform, you enter into an agreement directly with the Guest and undertake to provide your Services to them in accordance with the terms and price set out in the Announcement. All terms, rules and conditions included in any additional agreement with Guests shall: (i) be consistent with these Terms, our policies and the information contained in your Listing, and (ii) be clearly stated in the description of the Listing.

5.3 Independence of Owners. In your relationship with Bimbarent, you are acting as an independent person or entity. As such, you are not an employee, agent, joint venture participant, or partner of Bimbarent. Bimbarent does not influence or control your Owner Service. You acknowledge that you are offering Owner Services on your own initiative and that you independently determine their time, place, price and terms.

5.4 Revenue. Revenue for a Booking is the Total Cost less applicable fees such as the Bimbarent Service Fee and applicable taxes.

6. Managing the Listings.

6.1 Creating and managing a Listing. The Bimbarent Platform provides tools for easy customization and management of Ads. An Ad must contain complete and accurate information about the Owner Service, its price, other fees, such as cleaning fees, resort fees, security deposits, residual on-site fees, and rules and requirements applicable to Guests or Transportation. You are responsible for keeping the data (including available dates) and content (such as photos) in your Listing up to date.

6.2 Know of your Legal Obligations. You must understand and comply with all laws, rules, regulations, terms and conditions of third party contracts with respect to the Transportation or Owner Services. For example, some leases restrict or prohibit subletting, short-term rental of Transportation and/or long-term leases. In certain countries, Owners need to register, obtain a permit or license to provide certain Services. Certain regions may have laws that prohibit your Services or require mandatory registration of Guests who rent transportation. Check your local regulations to see which ones apply to the Services you offer. We provide information about legal requirements for reference purposes only. You must determine your own obligations. You agree to process and use the personal data of Guests and others in accordance with applicable privacy laws and these Terms.

6.3 Responsibilities. You are responsible for your own acts and omissions and for the acts and omissions of persons who are involved in providing the Owner Services with your authorization. You set the price, rules and requirements for your listing. You must list all fees and commissions in the description of the Listing. You may not encourage Guests to create third-party accounts, submit reviews, provide contact information, or take other actions outside of the Bimbarent Platform.

6.4 Hosting as a team or organization. If you engage a second owner, working as part of a team, business or other organization, the legal entity and all individuals involved in providing the Services are subject to the responsibilities set forth in these Terms for Owners. By accepting the terms and conditions and entering into agreements, you represent and warrant that you have the proper authority, as well as the right to impose obligations on your team, business or other organization, and that each entity involved has proper legal status under the laws of the place of business.

6.5 Your Assumption of Risk. You acknowledge that hosting guests involves risk, and you assume all risk in connection with your access to and use of the Bimbarent Platform, provision of Owner Services, or other interactions with Users, whether online or in person. You acknowledge that you have had the opportunity to review the Bimbarent Platform, laws, rules, regulations and obligations that may apply to your Listings or Owner Services. You further acknowledge that you are not relying on Bimbarent’s representations on legal matters.

7. Cancellation and Booking Modifications

7.1 Cancellation. If the Guest cancels the reservation, no compensation is due to the Owners. Owners may not cancel a Guest’s reservation without good cause in accordance with the Major Disruptive Events Policy or applicable law.

7.2 Booking Modifications. Owners and Guests are responsible for the Booking Change that they make on their own on the Bimbarent Platform or through the Bimbarent support service and undertake to pay the additional amounts, fees and taxes related to the Booking Change.

8. Taxes. The Owner shall determine and, in accordance with applicable law, fulfill the obligations related to the collection, remittance or inclusion in the price of the Services of the amount of VAT or other indirect taxes, tourist, income and other taxes (“Taxes”) and provide the corresponding reporting.

9. Content. The Bimbarent Platform has areas where you can post text, photos, videos, data and other materials (“Content“). By posting Content, in whatever form or medium, you grant Bimbarent a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license, with the right to sublicense and assign, to copy, modify, prepare derivative works from, distribute, publish and otherwise use such Content without restriction. The use of personal data within the Content is described in Bimbarent’s Privacy Policy. You are solely responsible for all Content you post and warrant that you own it or that you are authorized to grant Bimbarent the rights described in these Terms. You are responsible if your Content violates the intellectual property or privacy rights of third parties. You agree that Bimbarent may provide services or automated tools to translate Content and your Content may be translated using them. Bimbarent does not guarantee the accuracy or quality of the translation and users are responsible for verifying it. 

Any aggregation, processing of data and other information available on the Website for the purpose of further transmission to third parties on other sites and outside the Internet is prohibited. It is also prohibited to use the Website and Bimbarent designations, including distinctive graphic elements, without the consent of Bimbarent.

10. Fees. Bimbarent may charge fees (and applicable Taxes) to Owners and Guests for use of the Bimbarent Platform. For information on when Service Fees apply and how Service Fees are calculated, please see the listing page. Service Fees are non-refundable unless otherwise stated on the Bimbarent Platform. Bimbarent reserves the right to change Service Fees at any time by notifying Users prior to implementing changes. Changes do not apply to bookings made prior to their effective date. If you do not agree with the change in fees, you may terminate this agreement at any time in accordance with clause 12.2.

11. Rules of the Bimbarent Platform

11.1 Rules. You must abide by the rules set forth below and agree not to induce or assist others to violate or circumvent them.

11.2 Reporting Violations. If you believe that a User, Ad or Content poses an immediate risk to person or property, you should immediately contact local authorities before contacting Bimbarent. In addition, notify Bimbarent if you believe that a User, Ad or Content has violated our standards. If you have contacted local authorities, Bimbarent may request a copy of that contact. Except as required by law, you acknowledge that we have no obligation to take any action in response to appeals.

11.3 Copyright notifications. If you believe that Content on the Bimbarent Platform infringes copyright, please let us know.

12. Termination, Suspension and other Measures.

12.1 Term. The agreement between you and Bimbarent described in these Terms is effective at the time you access the Bimbarent Platform (e.g., account creation) and will remain in effect until you or we terminate the agreement in accordance with these Terms.

12.2 Termination. You may terminate this agreement at any time by providing notice to us via the feedback form. Bimbarent may also immediately and without notice terminate this agreement and terminate your access to the Bimbarent Platform if you have violated these Terms, our policies, applicable law, or if we reasonably believe that termination is necessary to protect Bimbarent, Users, or third parties. If your account has been inactive for more than two years, we may cancel it without notice.

12.3 Users Violations. If you violate these Terms, Bimbarent believes it is reasonably necessary to protect Bimbarent, Users or third parties; Bimbarent may, with or without prior notice:

12.4 Effect of Termination. If you are an Owner and cancel your Bimbarent account, all confirmed reservations will be automatically canceled and Guests must receive a full refund of prepayment in accordance with the cancellation policy. If you cancel your account as a Guest, all confirmed reservations will be automatically canceled and refunds will be made in accordance with the cancellation policy for that reservation. If your access to or use of the Bimbarent Platform is restricted, your Bimbarent account is blocked, or this Agreement is terminated by us, you may not register a new account, attempt to access or use the Bimbarent Platform through another User’s account.

12.5 Continued Legal Effectiveness. Sections of these Terms and Conditions which by their nature are intended to survive shall survive the termination of this Agreement, including Sections 2 through 19.

13. Registration. Registration is permitted only for persons 18 years of age or older. You may not register multiple accounts or transfer your account to another person. You are responsible for the confidentiality and security of your account credentials and may not disclose them to third parties. You are responsible for activities that occur through your account and must notify Bimbarent immediately if you have reason to believe that your account credentials have been lost or stolen, or in the event of unauthorized use of your account. We may, but are not obligated to, take the following actions to the extent permitted by applicable law: (i) ask you to provide identification or other information; (ii) run checks to verify your identity or background; (iii) check you against third-party databases or other sources and request reports from service providers; and (iv) request criminal or sex offense records or similar information from official sources as required by applicable jurisdictions.

14. Changes. Bimbarent may make changes to these Terms at any time. When we make material changes, we post the revised Terms on the Bimbarent Platform and include the date of the last update at the beginning of the posting. We also notify you of significant changes by email at least 30 days before they become effective. If you disagree with the updated Terms, you may immediately terminate this agreement in accordance with these Terms. By failing to terminate this agreement prior to the effective date of the changes and by continuing to access or use the Bimbarent Platform, you indicate your acceptance of the updated Terms.

15. Bimbarent Role. On our platform, Users are able to publish, offer, search and book Owner Services. While we go to great lengths to provide convenience to Bimbarent Users, we do not and cannot control the actions of Guests and Owners. You acknowledge that Bimbarent has the right, but not the obligation, to monitor the use of the Bimbarent Platform and to verify information provided by Users.

16. Disclaimer of Warranties. We provide the Bimbarent Platform and all Content as is, without warranty of any kind, and disclaim all warranties, express or implied. In particular: (i) we do not represent or warrant the existence, acts, performance, characteristics, safety, quality, legality or compliance of Guests, Owners and their Services, and third parties; (ii) we do not warrant the performance or uninterrupted operation of the Bimbarent Platform; and (iii) we do not warrant that verification, identity or background checks on Ads or Users (as applicable) will detect past violations or prevent future violations. Any indication that a User or Ad has been “verified” (or similar language) means solely that the User or Ad has undergone the appropriate verification or identity verification process. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties that we may not waive, the scope of such mandatory rights and warranties will be limited to the maximum extent permitted by law.

17. Limitation of Liability. Neither Bimbarent (including affiliates and personnel) nor any other person involved in providing the Bimbarent Platform or Content shall be liable for incidental, special, punitive or consequential damages, including lost profits, loss of data or goodwill, interruption of service, computer damage or system failure, costs of replacement products or services, damages for personal injury, bodily injury or emotional distress arising out of (i) these Terms; (ii) the use or inability to use the Bimbarent Platform or Content; (iii) communications, exchanges or meetings with persons with whom you interact within or as a result of using the Bimbarent Platform; (iv) the publication of an Ad or booking through an Ad, including the provision or use of the Owner Services, whether your claim is based on warranty or contract, tort (including negligence), product liability or otherwise, and whether or not Bimbarent has been informed of the possibility of.

18. Indemnification. To the maximum extent permitted by law, you agree to indemnify, defend (at Bimbarent’s sole discretion), hold harmless and hold harmless Bimbarent (including other affiliates and their personnel) from and against any claims, liability, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, due to: (i) your breach of these Terms (including additional terms and conditions applicable to a product or feature); (ii) your improper use of the Bimbarent Platform; (iii) your interactions with Users, use of the transport from any claims for compensatory, direct, incidental, consequential or other damages related to the described interactions or use; (iv) your failure to collect and remit Taxes; (v) your violation of laws, regulations or third party intellectual property or privacy rights.

18.1 Opting Out of Class or Collective Actions. Both you and Bimbarent will, to the fullest extent permitted by law, opt out of class actions, class arbitrations and collective administrative proceedings, and other representative or consolidated actions as a plaintiff or participant. Unless otherwise agreed to in writing by us, an arbitrator may not consolidate claims of multiple parties or litigate class proceedings. If, pursuant to a final judgment, applicable law precludes the waiver provided for in this paragraph with respect to any claim, cause of action or requested remedy, then those claims, causes of action or requested remedies, and only those claims, causes of action or requested remedies, will be adjudicated separately from this Arbitration Agreement in a court of competent jurisdiction. In such event, you and we agree that those claims, causes of action or requested remedies that are not subject to arbitration will be stayed until the arbitrator has decided all claims, causes of action and requested remedies that are subject to arbitration. The place of arbitration shall be Ukraine. The Court shall consist of 3 (three) arbitrators. The language of the arbitral proceedings shall be Ukrainian.

19. Other terms and conditions

19.1 Other Terms. Other additional policies and terms set forth in these Terms govern your use of the Bimbarent Platform, are incorporated by reference and form part of your agreement with Bimbarent. 

19.2 Transfer of Rights and Obligations. You may not assign, transfer or delegate this Agreement or your rights and obligations hereunder without the prior written consent of Bimbarent. Bimbarent may, without limitation and in its sole discretion, assign, transfer or delegate this Agreement and its rights and obligations hereunder upon 30 days’ notice to you.

19.3 No Waiver of Rights. Bimbarent’s failure to exercise any right or provision of these Terms will not constitute a waiver of that right or provision in the future, unless otherwise agreed by us in writing. Except as expressly provided in these Terms, the exercise by either party of its available remedies under these Terms will not limit the exercise of any other remedies available to it under these Terms or permitted by law.

19.4 Emails and SMS. We will send you official communications using the email address or other contact details provided in your Bimbarent account.

19.5 Third Party Services. The Bimbarent Platform may contain links to third party websites, applications, services or resources (“Third Party Services”), which are subject to other terms and conditions and privacy policies. Bimbarent is not responsible for matters related to Third Party Services and, by linking to them, makes no warranty of any kind with respect thereto.

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