Terms of Service for travellers

For the Domivan app. Last updated: [DATE]

Draft. These terms are not yet in force and must be reviewed by a lawyer before Domivan launches. Text marked like [THIS] still needs to be filled in.

1. Who we are

Domivan is run by StepsNest B.V., a private limited company registered in the Netherlands under Chamber of Commerce (KvK) number 42105882, with its registered office at Sprangstraat 10, 6004 XD Weert, the Netherlands, VAT number NL869759164B01 ("Domivan", "we", "us").

You can reach us through Help and support in the app, or by email at support@domivan.com. We do not offer phone support.

2. What Domivan does

Domivan is an online marketplace that connects travellers with independent transport companies ("transporters") that drive passengers door to door in vans of up to 20 seats, between Poland, Romania, Bulgaria and Hungary on one side and Germany, France, Belgium, the Netherlands, the United Kingdom, Spain, Italy and Switzerland on the other, in both directions.

When you book, we set the fare and take your payment. We then offer your trip to transporters that have been checked by us, and the first transporter to accept it carries out the trip.

The transporter, not Domivan, performs the transport. The transporter is responsible for the vehicle, the driver, the licences and permits needed for passenger transport, their insurance, and your safety during the trip. Domivan does not own vans or employ drivers. [LAWYER: confirm how Domivan's role is described, given that Domivan sets the price and collects the payment, and which passenger-rights rules apply.]

3. Your account

• You can get a price without an account. To book you sign in with your email address and a one-time code, and give your name and phone number.
• You must be at least 18 years old to create an account and book. You may book for other passengers, including children travelling with an adult, and you are responsible for them following these terms.
• Keep access to your email account safe. Anyone who can read your sign-in codes can use your Domivan account.
• The details you give must be correct. Your transporter uses your name and phone number to find you.

4. Booking a trip

• You can book a Booking trip (pickup at least 2 hours ahead) or a Live trip (pickup as soon as possible).
• You enter the pickup address, destination address, date and time, number of passengers and extra bags. Each passenger may bring [1 bag of up to X kg and one small hand bag]; extra bags cost extra and must be booked in advance.
• The price shown before you pay is the full price, including VAT where it applies. There are no hidden fees.
• Your booking is confirmed once your payment goes through. Your trip is then offered to transporters.
• Domivan cannot guarantee that a transporter will accept every trip. If nobody accepts in time, we cancel the trip and refund you in full (see section 6).

5. Payment

• You pay Domivan in advance through Stripe, our payment provider, by card, Apple Pay, Google Pay or another method shown in the app. We never see or store your full card number.
• Domivan pays the transporter after the trip and keeps the rest as its fee.
• Prices are in euros. Your bank may charge a currency conversion fee.

6. Cancellations and refunds

• Before a transporter accepts: you can cancel in the app at any time and get a full refund.
• Nobody accepts: a Booking trip that has not been accepted 1 hour before pickup, or a Live trip that has not been accepted within 30 minutes, is cancelled automatically and refunded in full.
• After a transporter accepts: cancel through Help and support. The refund depends on how long before the agreed pickup time you cancel: 48 hours or more: full refund; between 48 and 12 hours: 50% refund; less than 12 hours: no refund. Part of the amount we keep goes to the transporter, who had reserved seats for you.
• Transporter cancels or does not show up: we try to find another transporter. If we cannot, you get a full refund.
• You do not show up: if you are not at the pickup address within [15] minutes of the agreed time and cannot be reached, the transporter may leave and the fare is not refunded.
• Refunds go back to the payment method you used. Stripe usually takes 5 to 10 working days.
• No right of withdrawal. Under EU consumer law (Article 16(l) of Directive 2011/83/EU), the 14-day right of withdrawal does not apply to passenger transport booked for a specific date. Your rights to cancel are the ones in this section.

7. Before and during the trip

• About 12 hours before pickup (right away for Live trips), you and your transporter see each other's name and phone number, and can chat in the app.
• When your transporter sets off towards you, you can follow their location in the app until you are picked up.
• The pickup time is approximate. Long-distance trips depend on traffic, borders and other passengers, so the transporter may be earlier or later. Please keep your phone on.
• You must carry a valid passport or ID card and any visa or documents needed for the countries you travel through. The transporter may refuse a passenger who does not have them.
• Follow the driver's instructions, wear a seat belt, and do not smoke, drink alcohol or behave aggressively in the vehicle. You may not bring illegal, dangerous or prohibited items.
• The transporter may refuse or stop a trip for a passenger who is a danger to others. In that case no refund is due.

8. Messages and conduct

Use the chat only for your trip. Do not harass, threaten or insult anyone, and do not use Domivan to arrange trips outside the app with transporters you met through it. We may suspend or close accounts that break these rules.

9. Problems and complaints

If something goes wrong, tell us through Help and support as soon as possible, and within [14 days] after the trip. We will look into it and answer in the app. Lost items are handled between you and the transporter; we help you contact them.

If we cannot solve your complaint together, you can go to the competent court (see section 13). [LAWYER: name an out-of-court dispute body if Domivan joins one.]

10. Liability

• The transporter is liable for the transport itself, including damage or injury during the trip, in line with the law that applies to them.
• Domivan is liable for running the marketplace with reasonable care. Our liability to you for any one booking is limited to the amount you paid for it, except where the law does not allow this limit, for example for death or personal injury caused by our negligence, or for intent or gross negligence.
• Domivan does not provide travel insurance or insurance for luggage. [LAWYER: check this section against Dutch and EU consumer law.]

11. Your data

How we use your personal data is explained in our Privacy Policy.

12. Changes and ending your account

We may change these terms. We tell you in the app at least 30 days before an important change takes effect; bookings already made keep the terms that applied when you paid. You can delete your account at any time, see Delete your account. We may close your account if you seriously or repeatedly break these terms.

13. Law and courts

These terms are governed by Dutch law. If you are a consumer living in another EU country, you keep the protection of the mandatory consumer law of your country, and you may bring a claim in the courts where you live. Otherwise, disputes go to the competent court in the district of Limburg (Rechtbank Limburg).