Terms and conditions
1. Contractual Relationship1.1 The following Terms and Conditions of Nefelibata OÜ (Company No. 14732637), a company incorporated under the laws of Estonia whose registered office is Lõõtsa tn 5-11, 11415 Tallinn, Estonia (trading as/hereinafter: "LingoTaxi" or "LingoTravel") apply to all contracts and services between LingoTravel and their customers. Any conflicting Terms and Conditions (hereinafter: "Terms") of the customer will be expressly contradicted. Please read these Terms carefully before accessing or using the services. In these Terms, the words "including" and "include" mean "including, but not limited to." Your access and use of the services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and LingoTravel. If you do not agree to these Terms, you may not access or use the services. LingoTravel may immediately terminate these Terms or any services with respect to you, or generally cease offering or deny access to the services or any portion thereof, at any time for any reason.
1.2 The services constitute a technology platform that enables users of LingoTravel's applications or websites provided as part of the services to arrange and schedule transportation and/or logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with LingoTravel or certain of LingoTravel's affiliates. Unless otherwise agreed by LingoTravel in a separate written agreement with you, the services are made available solely for your personal, noncommercial use. You acknowledge that LingoTravel does not necessarily provide transportation or logistics services or functions as a transportation carrier.
2. Services2.1 The content of the accepted transfer contract between LingoTravel and the customer (date, pick-up time, route, passenger details, amount of passengers, transfer price) are taken from the details in the binding reservation confirmation provided by LingoTravel. Additional requests and/or information, such as, additional baby- or booster seats, meeting points, deviating from the initial route, are also to be confirmed directly to the customer by LingoTravel.
2.2 If children under the age of thirteen (13) years are being transported, it is the customer’s responsibility, when making a reservation, to add how many children will be traveling and what age they are, and to arrange for respective baby/booster seats either themselves or order this additional service through LingoTravel. In the reservation form, an option has been added that allows the customer to add the amount of children traveling with them as well as their age in order for LingoTravel to specify the specific baby/booster seat needed for the transfer. LingoTravel will send a booking confirmation to the customer listing the extra services requested. If this information is not given at the time of booking, transport cannot be guaranteed, and the rules stipulated in §5.2 will be enforced.
2.3 The confirmed transfer price includes one (1) piece of luggage (excluding ski bags, golf bags, diving bags, bicycle cases and animal boxes/cages) per person. Undeclared excess baggage or animal transportation boxes will be only accepted if there is enough space available in the vehicle and if informed in advance. If this information is not given at the time of booking, transport cannot be guaranteed, and the rules stipulated in §5.2 will be enforced.
2.4 Any unscheduled delays on behalf of LingoTravel (e.g. traffic conditions, road works or weather conditions) may result in extended waiting times for the customer. All communication regarding adjusted pick-up times is to be done directly between the customer and LingoTravel.
2.5 By finalizing a reservation, the customer agrees to be able to receive electronic communication (e-mail) in order to provide the necessary information and communication of the service.
3. Fares3.1 The price indicated on the reservation confirmation received from LingoTravel is binding, as long as the transfer is carried out as booked. The final transfer price, including optional extra charges (accompanying services) will be charged to the given selected method of payment at time of reservation: (i) cash directly to the driver at the end of each single transfer, or (ii) by credit card, PayPal, wire transfer or other options available (see §3.2).
3.2 Credit card payments are processed via a secure server using the 3rd party providers PayPal and Stripe. Please note that credit card, PayPal or Bitcoin payments have to be done minimum six (6) hours in advance of the pick-up time, before the actual transfer is provided. These payments will be automatically charged with an additional +4.5% processing fee and issued in Euro (for transfers in Europe) or US Dollar (for transfers in South America). Transfers by SEPA bank wire transfer (Euro only) have to be done minimum one (1) working day in advance. If in doubt, customer can provide transaction receipt to the LingoTravel customer service. LingoTravel offers its customers to change the currency of the invoice for PayPal, credit card or Bitcoin transactions to US Dollar (for Europe) or Euro (for South America) on request. Inability to process the payment in advance will result in the automatic cancellation of a reservation. Clients can, through communication with LingoTravel by telephone or e-mail, alter their payment method to cash payment, if applicable, up to four (4) hours before the pick-up time.
3.3 Increased fares for New Year's Eve and Christmas apply: All transfers for the period between December 31, 00:00 until January 1, 23:59 (local times at respective destinations apply) will include an additional 100% surcharge on top of the standard fares. Additionally in Brazil, all reservations for 24 December, 00:00 until 25 December, 23:59 will include an additional 50% surcharge on top of the standard fares due to Christmas holidays. All services on Christmas (Brazil) and New Year's Eve (all cities) have to be prepaid in advance.
4. Parking/Waiting Time and No-Show Regulations4.1 For all transfers booked, LingoTravel will allow a parking/waiting time of 1 (one) hour for pick-up at the airport, thirty (30) minutes for pick-up at a train station, fifteen (15) minutes at a port terminal and ten (10) minutes for pick-up at a hotel or address free of charge. The airport waiting time begins fifteen (15) minutes after the official landing time indicated by the airport authority. The train station, port terminal and hotel or address pick-up parking/waiting time begins at the moment in time indicated in the reservation confirmation. In case the actual arrival time of an airplane, train or other means of transportation is earlier than the scheduled arriving time, the client is required to wait for the driver.
4.2 If the client does not show up at the predetermined pick-up time and/or meeting point, and contact cannot be established personally, via telephone or e-mail within the waiting time (§4.1), and, the client did not inform LingoTravel, either in writing or via telephone, about the delay, the customer has to reimburse the full transfer cost (100%) as a no-show fee.
4.3 If the client contacts LingoTravel by telephone or e-mail within the free of charge parking/waiting period and requests that he/she would like to continue with the booked transfer, additional fees apply after the free of charge waiting period comes to an end (see §4.4) The additional fees have to be paid in cash directly to the driver.
4.4 In case the parking/waiting time exceeds the allowed waiting time of 1 (one) hour for pick-up at the airport, thirty (30) minutes for pick-up at train station, fifteen (15) minutes for pick-up at a port terminal or ten (10) minutes for pick-up at a hotel or address, the additional charge is equal to the fare of chauffeur service for the respective vehicle class. Additional waiting time fees will be calculated by intervals of thirty (30) minutes. Example: If a customer exceeds the allowed waiting time for an airport pick up for a Economy Class transfer in Moscow by 30 minutes, the additional fee is 500 RUB. If the waiting time exceeds 40 minutes, the additional fare would be equal to one (1) hour of chauffeur service; in case of the example 1000 RUB. An exception for the Marine Facade Passenger Port in St. Petersburg applies (see 4.5.)
4.5 Parking costs are obligatory to be paid for all our vehicles due to regulations by the port authorities. For the entry to the Marine Facade Passenger Port, additional costs are automatically calculated into the transfer fare. For Economy, Comfort Class and Minivan, the additional cost is minimum 550 RUB per hour. Minibus parking fee minimum 1300 RUB per hour. Costs may vary depending on the fee policy of the Marine Facade Passenger Port in St. Petersburg.
4.6 Only for armored vehicles in Rio de Janeiro, a waiting time of 1 (one) hour for pick-up at airport and thirty (30) minutes for pick-up at an address or hotel is free of charge. If the waiting time exceeds the free of charge period, additional waiting time will be charged with 2.50 USD (two dollars, fifty cent) per minute and has to be paid in cash directly to the driver.
5. Changes and Cancellation5.1 A reservation may only be altered or canceled after consulting with our customer service. Cancellations or changes must be notified to us minimum twenty-four (24) hours prior to the actual pick-up time. This can be done by e-mail or telephone.
5.2 Regarding the reservation of LingoTravel services with a value below 100 USD (Brazil), 100 EUR (Ukraine) or 6000 RUB (Russia), for cancellation less than six (6) hours before the transfer pick-up time, the client will be charged with 100% of the transfer fare as cancellation fee. In case of incomplete reservation details provided by the customer, the LingoTravel chauffeur has the right to refuse to transport the customers if the security of the passengers cannot be warranted for (e.g. excess luggage not declared upon booking, no baby/booster seat booked, etc.). In this case, the client will be charged with 100% of the transfer fare as cancellation fee. Except are changes or cancellations due to force majeure as stipulated under §6.1.
5.3 Regarding the reservation of LingoTravel chauffeur services with a value starting from and above 100 USD (Brazil), 100 EUR (Ukraine) or 6000 RUB (Russia), cancellations between one (1) week (= 168 hours) and twenty-four (24) hours prior to pick-up time will be charged with 50% of the total amount (administration fee). For cancellation of any LingoTravel services with a value starting from and above 100 USD (Brazil), 100 EUR (Ukraine) or 6000 RUB (Russia) less than twenty-four (24) hours prior to the pick-up time, the client will be charged with 100% of the transfer fare as cancellation fee.
5.4 Regarding the reservation of any LingoTravel tour services, cancellations between one (1) week (= 168 hours) and seventy-two (72) hours prior to the tour pick-up time will be charged with 50% of the total amount (administration fee). For cancellation of any LingoTravel tour services less than seventy-two (72) hours prior to the tour pick-up time, the client will be charged with 100% of the tour fare as cancellation fee. Any entrance tickets, arranged accommodation or other tour related items already purchased are non-refundable.
5.5 The LingoTravel Chauffeur Service is subject to a minimum amount of hours of rent per vehicle. In case a customer uses less hours of service than initially reserved, 70% of the hours a vehicle has been reserved will be charged. For example, if a customer books 10 hours of chauffeur service, but utilizes only 3 hours of service, the customer will be charged with 7 hours of chauffeur service, and the remaining 3 hours will be refunded. The minimum amount is fixed; hence if a customer books 2 hours of e.g. Economy Class chauffeur service, but utilizes only 1 hour of service, the full 2 hours will be charged.
5.6 Regarding the reservation of LingoTravel armored vehicle services in Rio de Janeiro, for cancellations less than twenty-four (24) hours prior to the pick-up time, the client will be charged with 100% of the transfer fare as cancellation fee.
6. Force Majeure and Liability6.1 Neither party shall be liable to the other for any default due to any Act of God, war or other hostilities, strike (other than between the affected party and its employees), lockout, natural disaster, fire, or other event beyond the reasonable control of either party similar in nature or effect to the examples given. If either party is affected by force majeure, it shall immediately notify the other party in writing of the conditions constituting force majeure and shall keep that party fully informed of their continuance and of any relevant change of circumstances whilst such force majeure continues. The party affected by force majeure shall take all reasonable steps available to minimise its effects on the performance of its obligations under this contract.
6.2 LingoTravel shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if LingoTravel has been advised of the possibility of such damages. LingoTravel shall not be liable for any damages, liability or losses arising out of your use of, especially costs associated with missed connections, especially with air and train travel, or reliance on the services or your inability to access or use the services. LingoTravel shall not be liable for delay or failure in performance resulting from causes beyond LingoTravel’s reasonable control.
6.3 The exclusion and limitation of liability shall not apply in cases, when, in accordance with local law, there was assumption of warranty and fraudulent concealment of a defect.
Date of Last Revision: March 19, 2020
Update: Company Address