Terms of Use

General Preamble
1.1. Agreement — these Terms and Conditions published on the Website (including any appendices/updates, if any).
1.2. Website — TriptoGeorgia.ge.
1.3. Platform Operator — Individual Entrepreneur “Kakhaber Kapanadze”, who, through the Website, ensures the functioning of the Platform and offers services to Users so that the Tour Operator and the Passenger may connect with each other. The Platform Operator does not itself rent out any Motor Vehicle and is not a party to the contractual relationship arising between the Passenger and the Tour Operator.
1.4. Motor Vehicle (Car) — a mechanical means of transport that is normally used on roads to carry persons or to transport cargo.
1.5. Passenger — a natural person or a legal entity that uses the Platform to obtain services related to travel/transportation.
1.6. User — any natural person or legal entity, including the Passenger and the Tour Operator, that uses the services/functions of the Website.
1.7. Service Commission — the service fee/cost payable for the services to be provided by the Platform Operator.
1.8. Confidential Information — any data/information that became known to the Parties while using the Website and/or during the term of the Agreement and that relates to the terms of the Agreement, as well as any transaction/arrangement arising from the Parties’ cooperation; including information regarding the Parties’ (companies/branches, etc.) activities, financial condition, transactions, dealings, and other business relationships.
1.9 Force Majeure — unforeseen/unplanned circumstances, the occurrence and impact of which the Parties could not control and could not prevent or overcome; including: natural disasters, strikes, sabotage or other industrial unrest, war, blockade, rebellion, earthquake, landslide, epidemic, flood, and other similar events beyond the Parties’ control, the prevention/overcoming of which is impossible on their part.


•  Subject Matter of the Agreement
2.1. The Platform Operator shall, through the Website, provide the User with the ability to use the Platform services.
2.2. The Platform Operator acts as an intermediary, and its role is limited to facilitating the establishment of communication between the Passenger and the Tour Operator.
2.3. The Platform Operator does not own any of the Motor Vehicles listed on the Website or otherwise offered to the Passenger by any other means and has no additional information regarding their actual/real condition beyond the information posted by Users themselves.
2.4. The Platform Operator does not conduct any verification, supervision, or control of the quality, safety, legality, and/or compliance with the description of the Motor Vehicles listed on the Website.
2.5. The User assumes all risks associated with posting information on the Website and/or the availability/dissemination of such information.
2.6. By posting information on the Website, the Tour Operator confirms its consent that the information posted about it shall be open and available to any User. The Platform Operator is also authorized to provide the information posted on the Website by the Tour Operator to other Users and to any third party, including the Motor Vehicle insurance policy (if any).
2.7. The User (natural person or legal entity) shall post information on the Website, including personal data, voluntarily, based on the User’s own interests.
2.8. Information posted on the Website about another User does not constitute legally binding confirmation; prior to entering into any financial transaction, the User shall independently verify the accuracy of such information.
2.9. The User agrees that the Platform Operator has an unrestricted right of access to the information posted by the User on the Website, as well as to private correspondence conducted through the Website (including through the mobile application).


•  Rights and Obligations of the Parties
3.1. The Platform Operator is authorized to:
3.1.1. restrict, block, delete, or not create a profile if the Tour Operator violates these Terms and Conditions or if there is reasonable suspicion that a violation has occurred or will occur.
3.1.2. store, archive, delete, or otherwise use information about the User in compliance with the requirements established by the legislation of Georgia.
3.1.3. deny/restrict the ability to make a booking, and also block or delete the relevant access, if the Passenger has repeatedly canceled a booking without justification or failed to meet the Tour Operator at the departure location.
3.1.3. provide information about the User to a party to the Agreement, an injured party, as well as investigative authorities, the prosecutor’s office, and the court, without the User’s consent/authorization.
3.1.4. apply to the court to protect its rights and legitimate interests.
3.1.5. use any lawful means to obtain the Service Commission from the User.
3.1.6. provide the User-posted information to the court, the prosecutor’s office, investigative authorities, and/or other public institutions in cases provided for by law.
3.1.7. monitor the User’s profile/activity.
3.1.8. at its sole discretion, at any time, unilaterally change the service terms and/or the Platform services.
3.1.9. process and use the information posted by the User on the Website.
3.1.10. use the information about the User in its possession, without the User’s consent/authorization, within the framework of court proceedings or administrative proceedings.
(At the same time, the Platform Operator is authorized, but not obliged, independently or through a third party, to verify the accuracy of the information posted by the User and/or, in the event of inaccurate information, to take measures.)
(Also, the Platform Operator is authorized, but not obliged, to request/verify information about the User from public/private institutions or natural persons; the User agrees that the Operator has the right to request, verify, and/or obtain any information about the User.)

3.2. Conclusion of an Agreement between the Tour Operator and the Passenger
3.2.1. The Passenger shall submit a booking request through the Website. When submitting a booking request, the Passenger shall provide the required information, including: first and last name, phone number, email address, place of departure and destination, start time of travel, payment method, and other necessary information specified on the Website. After the booking is made, the Tour Operator shall immediately confirm or reject the booking.
3.2.2. The Passenger may cancel the booking request at any time prior to confirmation of the booking. Cancellation of a booking shall be deemed to include the case where the Passenger fails to appear/fails to meet at the place of departure.
3.3. The Platform Operator shall:
3.3.1. provide the service in a timely manner and with proper quality;
3.3.2. not violate the User’s rights;
3.3.3. refrain from discriminatory actions;
3.3.4. not engage in criminal activity and not allow the Website to be used to carry out and/or finance criminal activity.
3.4. The Tour Operator may:
3.4.1. require the Passenger to properly perform the obligations imposed on the Passenger and within the agreed time limits;
3.4.2. submit a claim due to the Passenger’s actions, where appropriate grounds exist;
3.4.3. seek compensation for damages through the court if the damage is caused by the Passenger’s culpable action;
3.4.4. apply to the court to protect its rights;
3.5. The Tour Operator shall:
3.5.1. ensure the Motor Vehicle is in proper technical condition, including having winter tires and necessary equipment during the relevant season.
3.5.2. ensure that the Motor Vehicle has undergone the mandatory technical inspection required by law.
3.5.3. keep the Motor Vehicle clean and comply with hygiene rules;
3.5.4. not tow another Motor Vehicle.
3.5.5. upon any change of information about the Tour Operator, immediately, but no later than within 2 calendar days, contact the Platform Operator and request updating of the information on the account.
3.5.6. respect the rights and legitimate interests of Users and third parties.
3.5.7. not place a pet in the Motor Vehicle, except where the right to allow a pet has been agreed in advance with the Passenger;— not provide any account-related information to any third party; otherwise, the Tour Operator shall be responsible for any adverse consequences.
3.5.8. not demonstrate a discriminatory attitude toward another User.
3.5.9. without appropriate consent, not collect, store, process, and/or disseminate any person’s personal data, even if such data is openly posted on the Website, except for information that is directly related to the service and is necessary to conclude a specific agreement.
After completion of the service, the Tour Operator shall delete all information about the Passenger;
3.5.10. not obtain unauthorized access to another User’s account and not obtain/process/store/disclose information about another User by circumventing the rules.
3.5.11. when operating the Motor Vehicle, comply with the requirements of the Law of Georgia “On Road Traffic” and other normative acts;
3.5.12. not operate the Motor Vehicle under the influence of alcohol, narcotic and/or psychotropic intoxication/substances.
3.5.13. not smoke cigarettes, cigars, cigarillos, a pipe, a hookah, an electronic cigarette, or any other similar device in the Motor Vehicle;— upon discovering any unauthorized access/action, immediately notify the Platform Operator.
3.5.14. not use the Website for any other purposes not contemplated by this Agreement.
3.5.15. use the Tour Operator’s own account in full compliance with the requirements of this Agreement and the legislation of Georgia.
3.5.16. not use the Tour Operator’s own account for criminal activity.
3.5.17. provide the Parties with complete and accurate information about the Tour Operator and about the Motor Vehicle’s legal and actual condition.
3.5.18. not contact the User for purposes unrelated to the provision of the service.
3.5.19. not take actions that interfere with the normal functioning of the Website, cause disruption/overload, or otherwise damage the operation of the Platform.
3.5.20. properly perform the obligations assumed under the Agreement and within the agreed time limits.
3.5.21. not insult the other Party, not commit groundless slander, not threaten, and not blackmail.
3.5.22. not engage in activities prohibited by the legislation of Georgia.


3.6. The Passenger may:
3.6.1. require the Tour Operator to properly perform its obligations and within the agreed time limits.
3.6.2. submit a claim due to the Tour Operator’s actions, where appropriate grounds exist.
3.6.3. seek/receive compensation for damages if the damage is caused by the Tour Operator’s culpable action.
3.6.4. apply to the court to protect the Passenger’s rights;
3.6.5. use all means granted by law to compensate for the incurred damage.


3.7. The Passenger shall:
3.7.1. pay the cost of the service and other expenses that are payable under this Agreement.
3.7.2. without appropriate consent, not collect, store, process, and/or disseminate any person’s personal data, even if such data is openly posted on the Website, except for information related to the Tour Operator’s services.
3.7.3. not use the Website for any other purposes not contemplated by this Agreement.
3.7.4. not insult the other Party, not commit groundless slander, not threaten, and not blackmail.
3.7.5. properly perform the obligations assumed under the Agreement and within the agreed time limits.
3.7.6. respect the rights and legitimate interests of Users and third parties.
3.7.7. not take actions that interfere with the normal functioning of the Website, cause disruption/overload, or otherwise damage the operation of the Platform.
3.7.8. provide the Parties with complete and accurate information about the Passenger and the number of accompanying persons.
3.7.9. not contact the Tour Operator for purposes unrelated to the service.
3.7.10. use the Website in full compliance with the requirements of this Agreement and the legislation of Georgia.
3.7.11. not demonstrate a discriminatory attitude toward service personnel.
3.7.12. not engage in activities prohibited by the legislation of Georgia.
4.	Liability of the Parties
4.1. The Platform Operator acts solely as a provider of the Platform/service and is not a party (participant) to any agreement concluded between the Passenger and the Tour Operator. Accordingly, the Platform Operator shall not be liable for any act/omission of any User. After completion of negotiations and reaching an agreement, performance of the obligations assumed toward each other shall rest directly with the Tour Operator and the relevant User (Passenger/User).
4.2. The User shall be liable for all adverse consequences that may arise as a result of the User providing information about the User’s data to a third party.
4.3. The Platform Operator shall not be liable for the loss, damage, or deletion of data posted on the Website, as well as for the loss, non-delivery, or inaccessibility of messages/correspondence, regardless of the reason.
4.4. Any information posted on the Website by Users is posted at their own responsibility, and the Platform Operator shall not be liable for the accuracy, completeness, or authenticity of such information.
4.5. The User shall be liable for any action carried out using the User’s device (phone/computer, etc.) and/or using the User’s account.
4.6. The Platform Operator does not warrant that the Website will operate continuously, uninterruptedly, and without disruptions.
4.7. If the User is contacted by an unauthorized person and the User does not immediately provide information about this to the Platform Operator, the User shall be fully liable for any resulting damage/loss.
4.8. The Platform Operator does not warrant that the data indicated in the account/profile about the User matches the User’s real (actual) data.
4.9. Full responsibility for substantiating a claim and its validity shall rest with the person submitting the claim (the author of the claim).
4.10. The User shall be fully responsible for the accuracy and authenticity of the information provided/entered by the User on the Website.
4.11. The Parties shall comply with the legislation of Georgia and treat each other’s rights and legitimate interests with respect.
4.12. The Tour Operator shall be obliged to pay a fine in the event of the following violations:
• 200 GEL — if, outside the Website, the Tour Operator and the Passenger/User establish a relationship for the purpose of avoiding or reducing payment of the Service Commission imposed by the Platform Operator.
• 200 GEL — if the Motor Vehicle documents submitted by the Tour Operator are forged and/or non-compliant with the legislation of Georgia.
• 200 GEL — if the Motor Vehicle details (including: year of manufacture, mileage, engine displacement, etc.) are incorrectly posted on the Website.
• 200 GEL — if, during provision of the service, the Motor Vehicle is in an unclean/non-hygienic condition.


4.1. The Passenger may
4.1.1. require the Tour Operator to properly perform its obligations and within the agreed time limits/
4.1.2. submit a claim due to the Passenger’s actions, where appropriate grounds exist.
4.1.3. apply to the court to protect the Passenger’s rights.
4.1.4. seek/receive compensation for damages if the damage is caused by the Passenger’s culpable action.
4.1.5. use all means granted by law to compensate for the incurred damage.
5.	Confidentiality
5.1. The terms and provisions of the Agreement shall be available only to those representatives/persons who are directly involved in performance of the Agreement and for whom knowledge of such information is necessary.
5.2. The Parties agree that any information related to performance of the Agreement constitutes Confidential Information. Disclosure of such information to a third party shall be permitted only:
a) for the purpose of fulfilling the requirements established by this Agreement;
b) for the purpose of complying with a requirement of law, an administrative body, and/or a court;
c) to ensure protection of a Party’s legitimate/legal interests.
5.3. The confidentiality obligation provided for by this section shall remain in force without limitation as to time (indefinitely).
6.	Force Majeure
6.1. The Parties shall be released from liability for non-performance or improper performance of obligations assumed under the Agreement if performance became impossible due to Force Majeure circumstances (extraordinary, unusual, and insurmountable circumstances beyond the Parties’ reasonable control). Force Majeure shall not include: breach of obligations by counterparties, absence of demand in the market, or absence of necessary financial resources/funds of the Parties.
6.2. The notice shall describe the Force Majeure circumstances and shall be accompanied by official documents/evidence confirming the existence of such circumstances. The existence and duration of Force Majeure shall be confirmed by an act issued by a competent authority or other relevant document. If the notice is not sent or is sent late, the breaching Party shall compensate the other Party for damages caused by failure to send/late sending of the notice.
6.3. If the Force Majeure circumstance continues for more than 3 (three) calendar days, the Parties shall commence additional negotiations to agree on acceptable alternative means of performing the Agreement or shall decide on early termination of the Agreement. In the event of early termination, the Parties shall carry out a mutual settlement.
6.5. Where the circumstances specified in this clause exist, the Tour Operator shall exercise due care and wait for the Passenger without requesting additional compensation; however, the waiting period shall not exceed 24 hours.
6.6. If a Party does not send the notice or sends it late, it shall lose the right to invoke Force Majeure as a ground for release from liability.
6.7. A Party that, due to Force Majeure, is unable to perform an obligation assumed under the Agreement shall notify the other Party in writing no later than within 24 hours from the occurrence of such circumstances.
6.8. The Passenger shall also be released from liability if, due to flight delay or other objective reasons, the Passenger is unable to appear at the place of departure on time.
7.	Termination of the Agreement
7.1. This Agreement may be terminated by mutual agreement of the Parties expressed in writing or in another agreed form.
7.2. The Platform Operator may, without prior notice, unilaterally terminate the Agreement with the User and/or delete/restrict the User if:
a) the User violates any term of this Agreement; or
b) there is reasonable suspicion that a term has been violated or will be violated in the near future.
7.3. The User may close the User’s account and terminate the Agreement if the Platform Operator changes the service terms or the service and, at the same time, the User has no remaining obligation to perform.
7.4. The User may unilaterally terminate the Agreement only on the condition that the User has no remaining obligation to perform toward any Party, fine, penalty, or any other monetary sanction.

7.1. Dispute Resolution
7.1.1. The Parties shall attempt to resolve all disputes/disagreements arising out of or in connection with this Agreement through negotiations and mutual agreement. If the Parties fail to reach an agreement, the dispute shall be resolved in court proceedings on the territory of Georgia, in accordance with the legislation of Georgia, in the Tbilisi City Court.
7.1.2. Relations governed by this Agreement shall be subject to and determined under the laws of Georgia.
7.2. Additional Terms
7.2.1. The Passenger and the Tour Operator are prohibited from establishing communication/relations with each other outside the Website for the purpose of avoiding or reducing payment of the Service Commission imposed by the Platform Operator.
7.2.2. The Parties shall, independently of the Platform Operator, pay the taxes and other fees imposed on them; the Platform Operator shall not have the function/obligation of a tax agent.
7.2.3. The Platform Operator may unilaterally make amendments to the Agreement. Complete information about amendments shall be provided to the User by email or via WhatsApp, Viber.
7.2.4. Within 5 (five) days from receipt of the notice of amendments, the Tour Operator shall notify the Platform Operator via the Website or by email that the Tour Operator does not agree to the amendments and terminates the Agreement. In such case, the User shall no longer be able to make bookings or provide services; however, the amendments made to the Agreement shall not apply to the User.
7.2.5. The User agrees that the Platform Operator is authorized to store information to ensure performance of obligations provided for by the Agreement, regardless of whether the User canceled the profile and/or deleted information posted on the Website.
7.2.6. The Parties confirm their consent that notices may be received electronically via WhatsApp, Viber (including by SMS, email, or otherwise), and they assume this obligation.
7.2.7. Communication between the Parties may be carried out via the Website chat (if any) and/or other means of communication, including email, telephone, and others.
7.2.8. Any action/operation performed through the mobile application shall be deemed equal to an action/operation performed through the Website.
7.2.9. If the Tour Operator does not agree to amendments made to the Agreement, the Tour Operator may close the account and terminate the Agreement only after fully performing all obligations to the Platform Operator and other Users.
7.2.10. The invalidity of any clause of these Terms and Conditions shall not result in the invalidity of this Agreement as a whole.
7.2.11. If the User does not express a claim/objection within 5 (five) days from receipt of the notice of amendments, this shall be deemed the User’s consent to the amendments.
7.2.12. These Terms and Conditions are drafted in the Georgian language.