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Terms of use

DEFINITIONS

The definitions used in the Terms and Conditions shall have the following meaning:

  • mybus.app – mybus Polska Sp. z o.o. with its registered office in Nowy Sącz, at Generała Henryka Dąbrowskiego 1A, 33-300 Nowy Sącz, holding a Tax Identification Number (NIP) – 7343547049, and statistical REGON number – 366818004, registered in the District Court for Kraków Śródmieście in Kraków, XII Commercial Division of the National Court Register under the National Court Number (KRS) 0000667883
  • Application – software and website owned by mybus.app, under which a Service is provided by mybus.app for the Users
  • User – a natural person, a legal person or an organizational unit without legal personality, having the capacity to incur liabilities and acquire rights in its own name, duly represented under the generally applicable law, who has access to the Services provided by mybus.app, in accordance with the rules specified in the Terms and Conditions
  • Passenger – a User who has registered in the Application and has an active Passenger Account entitling him/her to use the Services of mybus.app
  • Carrier – a User whose transport services have been made available by means of the Application and who has an active Carrier's Account
  • Driver – a User who drives the Vehicle, acting in his/her own name or on behalf of the Carrier
  • Account – a set of resources and rights within the Application assigned to a specific User. It exists under a unique name (login), protected by a password, enables the User to use and manage the Services. It collects the User's personal data and information about the User's activities
  • Terms and Conditions of Carriage – the regulations of the Carrier performing a specific carriage on the basis of a ticket purchased through the Ticket Application, containing contractual conditions of carriage of persons and goods
  • Passenger transport service – all lawful transport services provided to Passengers by the Carriers
  • Contract of Carriage – a contract concluded between the Passenger and the Carrier through the Application
  • Urban and suburban transport service – journeys organized by commercial carriers and public transport in a given urban and suburban agglomeration
  • Long-distance and international transport services – journeys organized by the carriers whose route runs between cities in a given country (long-distance) or outside the territory of one country (international)
  • Door-to-door – a ride with a licensed occasional carrier vehicle designed for transporting not less than 7 and not more than 9 people including the driver, which the user can search using the appropriate fields in the Application and make a seat reservation. The transport begins and ends at the locations and dates specified in the Carrier's information in the appropriate fields of the Application.
  • Vehicle – means of communication intended for the transport of persons, through which the Carrier provides transport services to Passengers structurally designed to transport not less than 7 and not more than 82 people.
  • Mobile devices - portable devices allowing you to connect to the wireless Internet, thanks to which you can use the Application
  • Ticket – a collection of electronic information confirming the right to use the transport service consisting of the Passenger's full name, Carrier's company data and the date and course of the route on which the passenger transport service is performed
  • Payment operator – a service center through which payments related to the purchase of Tickets via the Application are carried out
  • Service – a service provided by electronic means (remotely) through the transmission of data at the User's individual request, transmitted and received by means of devices for electronic processing, including digital compression, and data storage, which is entirely transmitted and received via telecommunications network, consisting primarily in enabling:
    • searching for passenger transport services, 
    • concluding the Contracts of Carriage of Passengers,
    • making payment for the passenger transport service, 
    • obtaining a Ticket,
    • issuing VAT invoices
    • establishing communication between the Passenger and the Driver in order to make a journey on the basis of shared travel costs (Door-to-door)
  • Terms and Conditions – the General Terms and Conditions of Use of mybus.app

 

GENERAL PROVISIONS

  • The Application and the Services provided are the sole property of mybus.app
  • mybus.app, within the Application and under the conditions specified in the Terms and Conditions, provides the Service to Users and for this purpose, the appropriate system tools are made available
  • Provision of Services by mybus.app by electronic means takes place using the means available in the Application
  • The Terms and Conditions define the rules and conditions for the provision of Services by electronic means through mybus.app. These Terms and Conditions are the rules and regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services
  • The Terms and Conditions are made available to the Users within the Application in a form allowing for its accessing, opening and recording by means of an ICT system
  • The technical condition of using the Services is to have:
    • a mobile device or computer with access to the Internet with a minimum throughput of 1 Mbit/s
    • an active e-mail account on any server

 

REGISTRATION AND THE USE OF THE ACCOUNT

  • In order to use the Services available in the Application, the User should register and create an Account. During registration, the User is obliged to provide the required personal data. In the case of subsequent changes to any of the personal data, the User should update it immediately
  • The User is obliged to provide full and true personal data in accordance with the instructions provided in the registration form
  • After successful registering, mybus.app will send a message to the indicated e-mail address verifying and activating the access to the Account
  • On behalf of a natural person conducting business activity, a legal person and an organizational unit without legal personality, but capable to incur liabilities in its own name, a person may act, who is authorized to perform, on their behalf, all activities related to the registration, creating and managing of the Account and to exercise all rights and obligations of the User
  • Upon registration and acceptance of the Terms and Conditions and Privacy Policy as well as expression of the consent to the processing of personal data, the User is given access to the Account.

 

SCOPE AND THE TYPE OF SERVICES

URBAN AND SUBURBAN TRANSPORT SERVICES

  • The Passenger, via the Application, has the possibility to conclude a Contract of Carriage with the Carrier and for this purpose buy a Ticket, entitling to urban and suburban journeys according to selected criteria
  • A Passenger using the Application searches for Passenger Transport Services by filling in the relevant fields of the Application according to its own criteria. Then, after selecting the Service, click on the "BUY" button, making a payment for a Ticket without reserving a seat
  • Based on the Contract of Carriage concluded between the Passenger and the Carrier, a settlement is made by purchasing a Ticket, based on the price list made available to the Passenger in the Application. The Passenger may obtain more information about services and full price list by direct contact with the Carrier
  • The Carrier is obliged to accept the Passenger's Transport Service order and carry it out on the terms and conditions specified in the purchased Ticket
  • The purchase of a Ticket does not guarantee a seat, and this fact is known to the Passenger
  • The purchase of a Ticket is possible no later than the date specified in the Terms and Conditions of Carriage of a given Carrier before the departure from a given location
  • To execute the Contract of Carriage, the Driver is obliged to stop at the specified bus stop indicated by the Passenger on the Ticket
  • A Passenger is obliged to have a valid Ticket throughout the entire period of journey and should enable identification and verification of the Ticket number or its QR code by the Driver or an authorized inspector
  • If it is required by law or Carrier's Terms and Conditions, the Passenger has the right to cancel the purchased Ticket through the functionality made available via the Application
  • The cancellation of a purchased Ticket is carried out according to the Terms and Conditions of the Carrier. It is informed that according to the applicable law, a Passenger who withdrew from the Contract of Carriage is entitled to get a refund of the amount appropriate to the unused transport service, however, the Carrier in such a case may have the right to deduct a part of the amount due (waived).

 

LONG-DISTANCE AND INTERNATIONAL TRANSPORT SERVICES

  • The Passenger, via the Application, has the possibility to choose the Passenger Transport Service, and conclude a Contract of Carriage with the Carrier and for this purpose to buy a Ticket, entitling for long-distance and international journeys according to selected criteria, in particular, the time limit, date, place and time of carriage 
  • The Passenger using the Application searches for Passenger Transport Services by filling in the relevant fields of the Application according to its own criteria. Then, after selecting the Service, click on the "BUY" button, making a payment for a Ticket with reservation of a seat
  • Based on the Contract of Carriage concluded between the Passenger and the Carrier, a settlement is made by purchasing a Ticket, based on the price list made available to the Passenger in the Application. The passenger may obtain more information about services and the full price list by direct contact with the Carrier
  • The Carrier is obliged to accept the Passenger's Transport Service order and carry it out on the terms and conditions specified in the purchased Ticket
  • The purchase of a Ticket guarantees the Passenger a seat
  • The possibility of purchasing a Ticket depends on the available seats in a given Vehicle
  • The Passenger is obliged to purchase a Ticket insufficient advance before the departure of the Vehicle from a given location, the length of which is specified in the Carrier’s Terms and Conditions available in the Application
  • To execute the Contract of Carriage between the Passenger and the Carrier, the Driver is obliged to stop at the specified bus stop indicated by the Passenger on the Ticket and enable to identify the Ticket number, its QR code and contactless contact, at the moment the passenger enters the vehicle
  • Only positive verification of the Ticket by the Driver entitles the Passenger to use the Transport Service
  • If it is required by law or Carrier's Terms and Conditions, the Passenger has the right to cancel the purchased Ticket through the functionality made available via the Application
  • The cancellation of a purchased Ticket is carried out according to the Terms and Conditions of the Carrier. It is informed that according to the applicable law, a Passenger who withdrew from the Contract of Carriage is entitled to get a refund of the amount appropriate to the unused transport service, however, the Carrier in such a case may have the right to deduct a part of the amount due (waived).

 

DOOR-TO-DOOR JOURNEYS

  • The Passenger, via the Application, has the option of choosing the Passenger Transport Service, thereby concluding a Transport Agreement with the Carrier and for this purpose buying a Ticket authorizing door-to-door travel according to selected criteria, in particular the date and place and time of transport.
  • The Passenger using the Application searches for Transport Services by filling out the appropriate fields of the Application according to their own criteria. Then, after selecting the searched Service, clicks the "BOOK A RIDE" button to pay for the Ticket with seat reservation.
  • Based on the concluded Transport Agreement between the Passenger and the Carrier, settlement is made by purchasing a Ticket, based on the price list made available to the Passenger in the Application. More information on services and the full price list can be obtained by the Passenger by contacting the Carrier directly.
  • The Carrier is obliged to accept the order of the Passenger's transport service and carry out this order on the conditions set out in the purchased Ticket.
  • The purchase of a Ticket guarantees the passenger a seating position.
  • The possibility of buying a Ticket depends on the free seats in the given Vehicle. The Passenger is obliged to purchase the Ticket in advance before the departure of the Vehicle from a given location, the duration of which is given in the Carrier's Regulations available in the Application and in the appropriate fields in the Application.
  • In order to implement the concluded contract for the carriage of passengers between the Passenger and the Carrier, the Driver is obliged to stop at a specific location indicated by the Passenger on the Ticket and verify the Ticket number and its QR code at the moment the Passenger enters the vehicle.
  • Only positive verification of the Ticket by the Driver authorizes the Passenger to undergo Passenger Transport Service.
  • If it results from the provisions of law or the Carrier's Regulations, the Passenger has the right to cancel the purchased Ticket through the functionality made available through the Application.
  • Cancellation of a purchased Ticket takes place in accordance with the Carrier's Regulations. Please be advised that in accordance with applicable law, a Passenger who has withdrawn from the contract of carriage is entitled to a refund corresponding to the unused transport service, however, in this case, the Carrier may be entitled to offset part of the amount due (transferable). 

 

COMMON PROVISIONS

  • mybus.app makes the Application intended for use on mobile devices available to the Passenger free of charge
  • mybus.app as part of the Services provided to Users takes full responsibility for their safety, facts, quality and price by concluding the relevant contracts and for non-performance or improper performance of these contracts in relation to Users
  • The contract for the carriage of passengers is concluded only between the Passenger and the Carrier or Driver under the conditions described in these Regulations. mybus.app is not a party to the contract of carriage or intermediary in the conclusion of any contract between Users. It provides only the technical possibility of concluding a transport contract by providing the Passenger with information about available Carriers ready to provide passenger transport services, and in turn information about the Ticket sold or reservation made. mybus.app is not a party to contracts concluded by the Passengers with the Carrier and does not bear any responsibility in this respect, in particular: for the price, quality, safety of services offered by the Carrier and for making payment or final use of services by the Passenger
  • The Carrier is obliged to provide transport services in accordance with applicable laws and is exclusively responsible to the Passenger in this respect. The Carrier is also obliged to make the Terms and Conditions of Carriage available to the Passenger
  • The Passenger has the possibility to access and use the contact details of the Carrier or the Driver included in the details of the Ticket in the Carrier's section or in the reservation details, including the phone number and website. The Passenger may also contact the Customer Service of mybus.app by selecting "Contact Us" in the Settings section
  • The Passenger acknowledges that the journey will be based on these Terms and Conditions as well as the Regulations of Carriage of the Carrier. The Passenger should read the Terms and Conditions and the Carrier is obliged to make these them available to the Passenger in the Application prior to the organization of the journey
  • The transport fee from the Passenger is collected by the Carrier via the payment operator. mybus.app has the right to introduce different settlement systems such as e.g. cashless payment system mybus.app, mobile payment system, electronic direct debit with credit cards, discounts or one-time-use vouchers or in the form of business packages for companies. In such situations, the Carrier will charge a partial fee following the accepted forms of settlements of mybus.app
  • mybus.app does not charge the Passenger any additional fees for the use of the Application or for the Services booked or purchased by means of the Application

 

RIGHTS AND OBLIGATIONS OF THE USER

  • The User may not use the Services in a way inconsistent with their nature and purpose, in particular in a manner that prevents or disrupts the use of system or hardware resources
  • The User is obliged not to violate good conduct and principle of social interaction and not to contribute to break the law
  • The User is responsible for maintaining the confidentiality of the Account password. In the event of detection of unauthorized use of the password or unauthorized use of the Account, the User is obliged to immediately notify mybus.app by sending an e-mail to the following address: office@mybus.app
  • The User is solely responsible for entering all information and actions through the Application
  • It is not permissible to decompile, decrypt, reproduce or attempt to reconstruct or discover the source code, algorithms, file formats or programming interfaces or any files contained in the Application software. It is also forbidden to circumvent or indicate the way of how to circumvent the technical security of the software
  • Technical problems related to malfunctioning of the Application
  • should be reported to the following e-mail address: support@mybus.app

 

RIGHTS AND OBLIGATIONS OF MYBUS

  • mybus.app undertakes to provide Services with due diligence
  • mybus.app is not responsible for disruptions in the Service caused by incorrect data input contrary to the recommendations of mybus.app. mybus.app is not also responsible for technical problems caused by the User's failure to meet the technical requirements or lack of access to the Internet
  • The Passenger will be given a reasonable notice of temporary interruptions to the access to the Service for the purpose of maintaining or upgrading works, and in addition to replace, expand or configure the hardware or software used to perform the Service
  • mybus.app does not bear any liability for untrue information, content and data provided by the Users in the Application that are not in accordance with the actual state. mybus.app is not responsible for the identity and authenticity of data with which the Passenger can interact while using the Services. The all Users data is entered by the Users themselves
  • The exclusive owner of all rights, including copyrights and other intellectual property rights to the graphic elements, page layout, word and figurative marks used in the Application, including the name of the Application and its logotype, is mybus.app. It is forbidden to use or distribute any of the elements owned by mybus.app without its explicit consent
  • mybus.app has the right to develop, modify and update the Services, which does not affect the rights acquired by the User
  • mybus.app has the right to sell, in particular: The Application, the Website, the Internet domain, the whole or a separate part of the company and the company, as well as to change the name of the company, the name of the services provided and the name, without prejudice to the rights acquired by the Users
  • In case of violation of these Terms and Conditions, mybus.app may apply the following sanctions:
  • official warning
  • suspension of the right to use the Application
  • deletion of the Account

 

PERSONAL DATA PROTECTION

  • The Data Controller of the Users’ personal data is mybus.app which processes the personal data on the basis of voluntary, unambiguous and informed consent. The User acknowledges that the refusal to provide personal data or withdrawal of the granted consent will prevent the conclusion and execution of the Services provided. The condition for the performance of the Service is the provision of correct personal data
  • The Data Controller puts every effort to ensure all physical, technical and organizational measures to protect personal data against accidental or intentional destruction, accidental loss, alteration, unauthorized disclosure, use or access, in accordance with all applicable laws and in particular the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the so-called GDPR)
  • Detailed information concerning the protection of the Users' personal data together with the GDPR information clause and cookies policy can be found in the Privacy Policy of the Application of mybus.app

 

INVOICES

  • mybus.app provides Users with the option of downloading a personal VAT invoice for each completed payment related to the purchase of tickets through the Application
  • Generating a VAT invoice takes place automatically during the payment process associated with the purchase of tickets based on the data provided in the User's account settings
  • mybus.app allows you to correct data and issue an invoice correction note through a dedicated function on the registered User's account
  • Accepting the Regulations or making a payment means that the User agrees to receive the VAT invoice in electronic form by the following art. 2 point 32 in connection from art. 106n of the Act of 11 March 2004 on tax on goods and services

 

RETURN OF THE TICKET AND CONDITIONS OF WITHDRAWAL FROM THE CONTRACT OF CARRIAGE

  • The User purchasing the Ticket may use the Application to return the ticket (withdraw from the Contract of Carriage) before commencing the journey. The Carrier specifies the conditions in the provisions of its Regulations, about which the User will be informed before purchasing the ticket utilizing an appropriate hyperlink
  • According to art. 17, clause 4 of the Transport Law, a User who has withdrawn from the contract of carriage or who has not been allowed to transport or has been removed from the Vehicle for reasons threatening the safety or proper order in transit, is entitled to a refund corresponding to the unused transport service after deducting part of the duty - remuneration. The withdrawal fee shall not apply if the User withdraws from the contract of carriage for reasons attributable to the Carrier
  • The ticket can be returned via the Application no later than the number of minutes before departure specified in the Carrier's Regulations
  • If the ticket is returned within the time limit referred to in para. 3 above, for reasons attributable to the User, a 10% allowance shall be deducted from the ticket value. In this case, the reimbursement of the Ticket is made automatically on time to the bank account from which the payment was made, provided that the previously paid debts have already been booked
  • The reimbursement for a Ticket purchased via the Application for reasons attributable to the Carrier, in particular in the event of delay or non-performance of the course by the Carrier, as well as failure to collect the User for reasons attributable to the Carrier, are made entirely on the basis of the original, unused, sold via the Ticket Application
  • The provisions of para. 1-5, do not limit the User's right to amend the Carriage Contract before the start of the journey or at the place where the Vehicle stops on the transport path, to which the User is entitled under the Transport Law

 

COMPLAINT PROCEDURE

  • The User has the right to complain about a connection with non-performance or improper performance of the Service by mybus.app 
  • The complaints should be submitted by electronic means (e-mail) to the following address: office@mybus.app
  • The complaint should include:
  • identification of the User in a way enabling its identification and return address
  • detailed description of the subject matter of the complaint
  • mybus.app processes the complaint within 30 days from the date of its receipt. The response to the complaint will be sent to the User at the e-mail address provided by the User
  • mybus.app is not liable for non-performance or improper performance of the Contract of Carriage and informs that the Carrier is liable in this respect
  • A complaint related to the non-performance or improper performance of the Contract of Carriage is made directly to the Carrier in accordance with the procedure specified in the Carrier's terms and conditions through the Application or in the appropriate section in the Customer Panel at www.mybus.app
  • mybus.app is not liable for non-performance or improper performance of the door-to-door journey or failure of the Passenger to show up. Users are responsible for the matter as mentioned above
  • Complaints related to non-performance or improper performance of the door-to-door reservation are made directly by the Passenger to the Driver in accordance with the conditions stated in the announcement

FINAL PROVISIONS

  • mybus.app, making changes to the content of the Terms and Conditions, is obliged to publish information about it. The introduced changes will not have any effect on the Services completed and the Services being in progress
  • In matters not mentioned in the Terms and Conditions, the generally applicable laws shall apply accordingly
  • The User who believes that its rights have been infringed, have an opportunity to use the offered legal assistance from the relevant institutions, including consumer organizations or municipal or county consumer protection officer. The list of institutions can be found on the website of the Office of Competition and Consumer Protection. (HYPERLINK "http://www.uokik.gov.pl/"www.uokik.gov.pl)
  • mybus.app informs that the User who is a consumer has the possibility to use the ODR (Online Dispute Resolution) platform for resolving disputes by electronic means between the consumer and the trader via the website http://ec.europa.eu/consumers/odr/
  • The settlement of any disputes arising between mybus.app and the Carrier who is not a consumer within the meaning of Article 22[1] of the Civil Code shall be subject to a common court in accordance with local jurisdiction of mybus.app