These General Terms and Conditions (“T&C”) set out the terms and conditions applying to and governing the usage of the Pokupi App – technology which connects passengers, Taxi Companies partners and drivers offering taxi services and helps to move around cities more efficiently.
The term “you”, “your” refers to the user who requests the provision of Taxi Services for itself or third parties via Pokupi App (hereinafter also referred to as “User” or “Passenger”).
The term “us” or “we” refers to Pokupi D.O.O, a registered company under the laws of Montenegro with registration code 5-0944989 PIB 03331423, registered office Radoja Dakića bb. 81400 Nikšić, Montenegro, but also Pokupi group companies and partners. Pokupi group shall mean (a) companies in which Pokupi D.O.O exercises control (for example subsidiaries of Pokupi D.O.O). Pokupi partners shall mean local representatives, affiliates, agents etc appointed by Pokupi D.O.O..
Taxi Company Partner means the company/sole trader that, on the basis of an appropriate trade license, provides the Taxi Service via its Drivers and vehicles.
Driver means the person, employed by or operating on behalf of the Fleet Partner, using the vehicle and licensed to provide taxi services.
Taxi Service means the taxi service a Driver is executing towards the Passenger.
Fare means the taxi tariff fee displayed by the taximeter of the Driver upon conclusion of the ride, as prescribed by applicable laws.
Pokupi App means a smartphone application intended for the Passengers to request and receive, among other things, Taxi Service
In order to use Pokupi App, you must agree to the terms and conditions that are set out below. By registering the user account, the Users acknowledge to have read, understood and accepted the T&C.
1.1 Taxi Services are provided by Taxi Companies Partners, through the Drivers on the basis of a contract with you for the carriage of passengers (“Transportation Contract”). Taxi Companies Partners / Drivers provide Taxi Services on an independent basis as economic and professional carriers. Please note that all disputes arising from or in connection with the Transportation Contract will be resolved between you and Taxi Companies Partners / Drivers as may be the case. The Transportation Contract enters into force with the acceptance of your order by the Taxi Companies Partner/Driver via Pokupi App according to the agreement between you and the Taxi Companies Partner/Driver.
1.2 Data regarding the Taxi Companies Partners, the Drivers and their Taxi Service is available in the Pokupi app and receipts for journeys are sent to the email address listed in Passenger’s profile.
1.3 When using the Pokupi app, you can choose whether to pay directly to the Taxi Companies Partner / Driver for the Taxi Service (in cash) or use Pokupi in-App Payment. Payments for Pokupi Business rides are handled by a separate agreement for Business journeys. Fares will be inclusive of applicable taxes where required by law. Fees may include other applicable fees, without limitation, tolls, and/or surcharges including a booking fee and cancellation fee, municipal tolls, airport surcharges or processing fees for split payments as per applicable laws.
1.4 The use of Pokupi App requires the installation of the mobile application, the registration of a user account and the acceptance of these T&C. During the installation of the Pokupi App, the Passenger’s mobile number is linked to the respective Pokupi user account and added to our database. If you are no longer using this mobile number, you must notify Pokupi within seven (7) days so we can anonymize your account data. If you do not notify us about any change to your number, your mobile operator might assign your previous mobile number to another person who will later be able to see your data by using the Pokupi app.
2.1 Pokupi D.O.O, may send you promotional codes on a per promotion basis. Promotional code credit can be applied towards payment on completion of a ride and are subject to any additional terms that are established on a per promotional code basis. Expiration dates of promotional codes will be reflected in-app once you have applied the promotional code to your account.
2.2 If your trip amount exceeds the redeemable promotional code credit allocated to your trip, the balance will be automatically deducted from your account’s payment method. Similarly, a promotional code credit only applies on a per ride basis and cannot be carried over to the next ride/ trip and therefore will be forfeited. Only one promotional code may be applied per trip.
2.3 Pokupi D.O.O reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if Pokupi D.O.O deems that promotional codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.
3.1 You can pay for the Fare for the Taxi Services with a card, mobile carrier billing and other payment methods (e.g.: Pokupi Business etc), including In-App Payment (through the Payment Agent), which require prior activation in the Pokupi App. Your payment obligation towards the Taxi Companies Partners is fulfilled when the payment order is given to transfer funds for the Fare to the dedicated bank account. You, as a passenger are liable for ensuring that the payment takes place and ensuring that sufficient funds are available.
3.2 When making payments by Pokupi in-App Payment, your payments are received and forwarded to the Taxi Companies Partner, and the Payment Agent forwards the amount of the Fare to the Taxi Companies Partner. Pokupi D.O.O may ask additional data from you to verify the payment method.
3.3 When making payments by Pokupi in-App Payment for Taxi Services, Pokupi D.O.O is not liable for possible third-party payment costs (mobile operators, bank fees etc). These service providers may charge you additional fees when processing payments in connection with the Pokupi in-App Payment. Pokupi D.O.O is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.
3.4 Pokupi Partners will be responsible for the functioning of Pokupi in-App Payment and provide support in resolving problems. The resolution of disputes related to Pokupi in-App Payment also takes place through us. For payment support service please contact: [email protected]. Inquiries submitted by e-mail or Pokupi App will receive a response within seven (7) business days. Pokupi will try to resolve Pokupi in-App Payment related complaints and applications within seven (7) business days.
4.1 If you order a Taxi Service and the Taxi Companies Partner/Driver has agreed to the request, then the Taxi Service is considered to be ordered, and you will enter into a transportation contract with the Taxi Companies Partner. Pokupi D.O.O does not provide journeys and is not a party to the Transport Contract.
4.2 Cancelling the use of an ordered Taxi Service which has been accepted by the Taxi Companies Partner/Driver is considered to be the situation where your Taxi Service request was accepted by the Taxi Companies Partner/Driver and you subsequently reject, cancel or refuse the Taxi Service. When a Taxi Service is cancelled after a certain time period determined in Pokupi App, you are required to pay a cancellation fee as per applicable laws.
4.3 If you cancel a Taxi Service request on multiple successive instances within 24 hours we may temporarily block your account as a warning without prior notice. After multiple such warnings, we may suspend your account for a longer period (eg: 6 months). After that period you can ask to reactivate your account and your application will be reviewed.
4.4 When the Passenger is notified about the arrival of the vehicle to its destination and the Passenger or people for whom the transport was ordered do not arrive at the vehicle within a certain time period as specified in the Pokupi App, the request will be deemed cancelled. Sometimes your request may be cancelled. Please note that Pokupi D.O.O is not liable for such situations.
4.5 Once the Driver arrives and a notification is sent that he/she has arrived the Pokupi App may begin charging fare on a waiting time basis according to the rates imposed by the law.
4.6 If you have requested Taxi Services using the Pokupi App and cause damage to the vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), the Taxi Companies Partner and/or Driver will have the right to require you to pay a contractual penalty of 50.00 (fifty) EUR and require compensation for any damages exceeding the penalty. If you do not pay the penalty and/or compensate for the damage, Pokupi D.O.O may pursue the claims on behalf of the actual provider of the Taxi Service (Taxi Companies Partner/Driver).
4.7 If you wish to change the destination to which the Driver shall transport you to, you have to change the destination within the Pokupi App.
6.1 We cannot guarantee or take any liability for the quality or the absence of defects in the provision of Taxi Services. As the usage of Pokupi App for requesting Taxi Services depends on the behaviour of the Taxi Companies Partners and their Drivers, then BPokupi Partners neither guarantee nor shall be held liable for your requests of Transport Services always being accepted by a Taxi Companies Partner.
6.2 The Pokupi App is used as the means for organising the dispatching of Taxi Services in accordance with applicable Montenegrin laws.
6.3 The consumer’s right of refund is not applied to Pokupi App orders. Requesting a refund from the Taxi Service does not withdraw you from this agreement in the course of which the provision of the Taxi Service was ordered.
6.4 The Pokupi App is provided on an “as is” and “as available” basis. We do not represent, warrant or guarantee that access to Pokupi App will be uninterrupted or error free. In case of any faults in the software, we will endeavour to have those corrected as soon as possible, but please keep in mind that the functioning of the Pokupi App may be restricted due to occasional technical errors and we are not able to guarantee that the Pokupi App will function at all times, for example, a public emergency may result in a service interruption.
6.5 Pokupi D.O.O, Pokupi Partners, their affiliate companies, business partners, their representatives, directors and/or employees are not liable for any loss or damage that you may incur as a result of using Pokupi App or relying on the journey contracted for through the Pokupi 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.
6.6 The financial liability of Pokupi D.O.O and/or Pokupi Partners in connection with breach of this T&C will be limited to 50.00 (fifty) euros per passenger. You will have the right to claim for damages only if Pokupi D.O.O, Pokupi Partners have deliberately with gross negligent violated the T&C. Pokupi D.O.O and/or Pokupi Partners will not be liable either for the actions/omissions of the Taxi Companies Partner / Driver or for damages that are caused to the Passengers.
6.7 You agree to fully indemnify and hold Pokupi D.O.O and Pokupi Partners, its affiliate companies, business partners, their representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the Pokupi App (including the journeys you obtain through your use of the Pokupi App).
6.8 Pokupi D.O.O shall not be liable to issue invoices. The invoice for the provision of Taxi Services will be sent to the email or delivered in person upon conclusion of a ride in case of cash payment, upon request of the Passenger, by the Taxi Companies Partner / Driver.
7.1 As Pokupi D.O.O nor any Pokupi Group Companies is not a provider of the Taxi Services, any issues with defects or quality of the Taxi Services will be resolved in accordance with the rules and regulations of the respective transportation contract and by the relevant public authority. We can support the Passengers in settling any dispute with the Taxi Companies Partner / Driver in an amicable way.
7.2 We ask to fill out a feedback form in the Pokupi App. This enables us to offer suggestions to the Taxi Companies Partners and Drivers for improving the quality of their service.
7.3 We expect you to use the Pokupi App in good faith and be respectful of the Taxi Companies Partners / Drivers who offer or actually provide their Taxi Services through the Pokupi App. Pokupi D.O.O retains the right to close your account if you have violated the terms set out in this T&C or if your activities are malicious, i.e. withholding payment for the provision of the Taxi Service, fraud, being disrespectful towards the Drivers, etc. In these cases, your Pokupi App account may be blocked/deleted without prior notice.
7.4 Pokupi D.O.O will make every effort to ensure that only duly licensed taxi and their drivers, who have integrity and are respectful of their profession and passengers, use the Pokupi App. However, we are not in the position to guarantee that every Taxi Companies Partner / Driver available in Pokupi App satisfies the aforementioned criteria and the applicable legal provisions, at all times. If you experience objectionable Taxi Service, please notify us or our customer support.
9.1 If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail or Pokupi App notifications, with seven (7) days prior notice. If you continue using the Pokupi app, you will be deemed to accept the amendments.
9.2 You can terminate these T&C at any time and without a notice period.
10.1 The General Terms and Conditions will be governed by, and construed and enforced in accordance with the laws of Montenegro. If the respective dispute resulting from these General Terms and Conditions could not be settled by negotiations, then the dispute will be finally solved in the Courts of Podgorica. If any provision of the General Terms is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. If one of the provisions of this T&C is or becomes invalid, the validity of the other provisions shall not be affected.
10.2 These General Terms and Conditions apply for using taxi services in the Pokupi App in the territory of Montenegro.
10.3 Any complaints and reclamations can be sent to our support team at the following e-mail address: [email protected].
Date of entry into force of the General Terms and Conditions: 01.01.2021