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 bymybus.app for the Users. 
  • User – a natural person, a legal person or an organisational 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 organised by commercial carriers and public transport in a given urban and suburban agglomeration.
  • Long-distance and international transport services – journeys organised 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 journey that takes place on the basis of shared costs, the Passenger has the opportunity to search the announcement by means of the Application and, thanks to it, make a reservation of a seat).
  • Vehicle – a means of transport intended for the carriage of persons through which the Carrier provides transport services for Passengers or through which the Driver organizes a door-to-door journey.
  • 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 centre 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,
    • 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 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.
  • On the basis of 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.
  • In order 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 authorised 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.
  • On the basis of 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. 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 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 in sufficient 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.
  • In order 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 and its QR code 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 Driver has the right to include in the Application the ads concerning joint journeys and the rules of sharing the costs related to this journey. 
  • The Driver is fully responsible for the content of the published door-to-door advertisement and the organisation of the journey. mybus.app is not a party to the contract between the Driver and the Passenger. 
  • The Driver publishing an advertisement in the Application is obliged to provide the Passenger with a seat in the Vehicle and to organize the journey in accordance with the entered parameters within the time limit specified in the advertisement. In this respect, the Driver is responsible to the Passenger who has decided to use the service and share its costs with the Driver. 
  • The Passenger who undertook to take part in a journey organized by the Driver is obliged to show up at an agreed place and time as well as to share the costs of the journey in accordance with the accepted advertisement and in this respect is responsible to the Driver. The payment for the participation in the Vehicle's operating costs is made by way of cash after a positive verification of the Reservation in the Application and may take place at a time determined by the Driver.
  • The Driver who organizes the door-to-door journey is obliged to determine the amount of costs in which the Passenger participates at a level not higher than the costs actually incurred by the Driver. The Driver has no right to derive benefits from the organisation of door-to-door transport.
  • It is forbidden to organize door-to-door journeys via the Application, which would have a profit-making nature or would be related to the business activities conducted.
  • The Driver must have a valid driving licence, be the owner of the Vehicle or use it with the express consent of the owner, have a third-party insurance policy valid on the day of the journey.
  • The Driver is obliged to ensure that the Vehicle, through which the journey is organized, has the technical condition required by law to enable the Driver to travel safely, considering the regulations applicable in the countries which are on the route of the journey.
  • The Driver is obliged to drive the Vehicle in compliance with all traffic rules and not to take any risks which could cause a threat to the Passengers or other road users. 
  • During the journey, the Passenger is obliged to behave in a manner consistent with the principles of community life and good manners. The Passenger is obliged to respect the Driver's Vehicle and the rights of other passengers. 
  • The Passenger and the Driver are obliged to take part in the journey at the agreed time and place. The Passenger should show up at the meeting place 10 minutes in advance. Otherwise, the Users are obliged to inform the other party by phone about any delays that may occur.

COMMON PROVISIONS

  • mybus.app makes the Application intended for use on mobile devices available to the Passenger free of charge.
  • The Contract of Carriage of Passengers shall be concluded exclusively between the Passenger and the Carrier or the Driver under the conditions described in these Terms and Conditions. mybus.app is not a party to the Contract of Carriage and does not assist in the conclusion of any contract between the Users. It provides only a technical possibility of concluding a Contract of Carriage by providing the Passenger with information about available Carriers, who are ready to provide the service of transport of passengers or Drivers who want to provide the possibility of booking a journey on a cost-sharing basis, and to them, in turn, information about the Ticket sold or the 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 organisation 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 such as Tpay, 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 in accordance with 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. 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 organisational 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.

COMPLAINT PROCEDURE

  • The User has the right to lodge a complaint in 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.
  • 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. The Users are responsible for the above-mentioned matter. 
  • 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 the opportunity to use the offered legal assistance from the relevant institutions, including consumer organisations 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.