Terms of Use


Ref. No.: OSZÁFF/2015-7

These Terms of Use (hereinafter ToU) describe the terms of using the “Ridesharing” service system (hereinafter System) accessible through the www.motar.eu webpage (hereinafter Webpage) and Smartphone Apps owned and operated by Oszkar.com telekocsi Kft. (hereinafter Provider) for Users.

By Registration, posting a Driver's ad or making an express statement when Reserving a Seat offered by a Driver's Ad, and also by using the Service User enters into an on-line agreement with Oszkar.com telekocsi Kft. agreement under Section 5 (4) of Act CVIII of 2001 on certain issues of electronic commerce services and information society services. The agreement between Provider and User shall be deemed valid and enforceable after the User has successfully Registered to the System. Accepting the ToU is a necessary requirement of Registration.

Provider reserves the right to unilaterally modify these ToU after previously notifying the Users of the System. Notifications will be provided through the Website at least 3 days before the amended ToU becomes effective. Any modifications will apply to the User at the time of their first use of the System after the modified provisions become effective. In case the User doesn't agree with the modifications of the ToU, their registration may be deleted under My Data / “Modify, Change, Complement My Data, Settings” using the “Delete Registration” function.

Table of Contents
1. Scope of Legal Relationship
2. Definitions
3. Data Controlling, Data Transfer
4. Registration
5. Service Terms of Use
6. Obligations of User
7. Obligations of Driver
8. Obligations of Passenger
9. Reservation Fee and Related Obligations of User
10. Responsibilities
11. Online Pre-payment
12. Transportation of Packages
13. Handling of Credits
14. Restriction of Access
15. Termination
16. Intellectual Property
17. Complaint Management
18. Miscellaneous


Scope of Legal Relationship
1.1. Subject of the legal relationship is the use of the System maintained by Provider and the online personal transportation listing activities through thereof provided for people travelling in the same direction (hereinafter Service).


2. Definitions
2.1. Provider: Oszkar.com telekocsi Kft.

2.2. Mandatory details of Provider:

Name: Oszkar.com telekocsi Kft.
Headquarters: 1133 Budapest, Hegedűs Gyula u. 67.
Mailing address: 1133 Budapest, Hegedűs Gyula u. 67.
Email: info@motar.eu
Telephone: +36 1/6333-696
Web: www.motar.eu
Contact: Máté Gyűrűs, Attila Prácser
VAT Number: 24064253-1-41
EU VAT Number: HU24064253
Company Registry Number: Cg.01-09-988724
Registration Authority: Metropolitan Registration Court of Budapest
Chamber Registration Number: BU24064253
Account Manager Financial Institution: Raiffeisen Bank Zrt.
Bank Account Number: 12010628-01510671-00100000
Data Hosting: Linode, LLC
329 E. Jimmie Leeds Road, Suite A
Galloway, NJ 08205, United States
support@linode.com

2.3. Additional Definitions:

Service: maintaining the website that enables Ridesharing activities for people (Drivers and Passengers) travelling in the same direction

Webpage: www.motar.eu webpage

System: The IT system enabling the Service and the Webpage and Smartphone Apps enabling the use of thereof altogether

Direction: the route between the place of departure and arrival

Driver: Any registered User listing their free seats (posts a Driver's Ad) in any Direction

Passenger: any registered User reserving a seat of any Driver in any Direction

User: any person registered in the System, Driver and/or Passenger

Carrier: a vehicle travelling in a given Direction at a given time

Registration: filling in the data in the “Sign Up” menu of the System and forwarding them to the Provider by clicking “I will sign up”

Username: a unique identifier chosen by User during Registration, any actions performed by User will appear under this name in the System

Profile Page: Information about the User, place for displaying feedbacks

Contact Details: Every detail (including but not limited to the following: telephone number, email address, skype name, Facebook name, link containing contact details or text) that enables to make contact with the User.

Driver's Ad: advertisement posted by the Driver to the System that includes the essential details (place and time of departure and arrival, intermediate stops, number of free seats, trip contribution, etc.) of the trip

Passenger's Ad: advertisement posted by the Passenger to the System that includes the essential details (place and time of departure and arrival, direction, required number of seats, offered contribution, etc.) of the travelling needs

Trip Contribution: (trip fee or route fee in short) the amount determined by the Driver (in HUF, EUR, GBP or CHF) for which Driver transports Passenger in the given Direction. Only Users with Professional package may include the Trip Contribution in GPB or CHF. Driver may determine the reasonable amount of Trip Contribution on their own behalf and according to their Professional package.

Inland Trip: A Driver's Ad, or a section of thereof, where the place of departure and arrival are in the same country.

International Trip: A Driver's Ad, or a section of thereof, where the place of departure and arrival are not in the same country.

Professional Ad: any Driver's Ad where at least one of the following statements are true:

  • There are more than five free seats offered for the Carrier
  • The Carrier only departs after reaching a minimum number of passengers (greater than one)
  • Higher Trip Contribution is set than the maximum Trip Contribution of 18HUF/km offered by the System
Lister: the part that displays the Driver's or Passenger's Ads posted to the System

Ad Highlighter: used to categorize or highlight Ads, an attribute marker or icon appearing by the Ads in the Lister on the Webpage beside the Ads containing the keywords set by the User

Premium Package: a package providing the following privileges for the Driver upon a given fee:

  • Ad-free surface
  • May apply Ad Highlighters (creating new highlighters that appear to the User or every User upon the User's decision)
  • „Authenticated Motar User” title and badge (in case of wire transfer payment)
Premium Package: a package providing the following privileges for the Driver upon a given fee:

  • Ad-free surface
  • May apply Ad Highlighters
  • “Professional Driver” title and badge
  • Possibility to synchronize Ads
  • May post Professional Ads
  • May post overlapping Ads
Authenticated Motar User: any Driver completing payments for using a service subject to fees via wire transfer at least once; marked in the System by a green honor badge icon

Professional Driver: any Driver with a Professional Package; marked in the System by a golden driving wheel icon

Online Pre-payment: a secure online payment service provided via the systems of PayU Kft. and OTP Mobil Kft., that enables the Passenger an electronic payment of the trip fee before the time of departure.

Transaction Fee: a fee payable when using Online Pre-payment

Reservation Fee: a fee payable by the Passenger to the Driver, that is later transferred by the Driver to the Provider (see Section 9.A)

Listing Fee: a fee payable by the Driver to the Provider in case the Reservation Fee under Section 9.A is not applicable (see Section 9.B)

Trip Contribution As Agreed: the Driver's Ad does not include an exact trip fee, Driver and Passenger shall agree upon the amount of the trip fee

Courtesy Ride: any trip listed in the system at a price of 1 HUF. Courtesy Rides may only be posted by Drivers who have requested permission from Provider using any contact methods (e.g. email, internal message) supported by a reasonable explanation and Provider has granted permission.

Credit: an internal virtual currency that can be purchased for a fee and can be used to avail oneself of certain services in the System.

Billing: a surface in the System for monitoring the use of Credits.

Package Transport: any activity where the sender of the package doesn't travel with the Driver, only the goods to be delivered are handed over to the Driver who then transports those to the previously agreed destination for a previously agreed fee.


3. Data Controlling, Data Transfer
3.1. DATA CONTROLLING

3.1.1 The System handles the Users' Personal Data (including IP addresses) confidentially, it doesn't reveal them to any third parties except from the cases described in Section DATA TRANSFER, and guarantees to maintain legal data protection. Transfer of data is allowed towards the Police Department and Legal Aid services if they require data because of a suspicion of crime beyond reasonable doubt. The full functionality of the System is available only to registered Users. By registering, User agrees to and accepts to be bound by the provisions of the ToU. Personal Data only appear at the Driver's and Passenger's Ads, and may only be accessed by registered Users. Registered Users are prohibited to transfer or illegally use any data available through the System, such behavior entails banishment from the System!

3.1.2. By registering, User acknowledges to receive email notifications in connection with the activities in the System (e.g. seat reservation, incoming messages, etc.) and it is not possible to unsubscribe from receiving such notifications.

3.1.3. Provider may inform User about any System related news (newsletter) at a maximum frequency of once a week. Newsletters are only received by Users who did not disable this on the “Personal Data” page. One may also unsubscribe from newsletters via the unsubscribe link at the bottom of each newsletter.

3.1.4. Certain functions of the Webpage uses so called “cookies” that is data stored on the User's device used for accessing the Webpage. Click here for the Online Cookie Policy of Motar, that will further explain the cookies used. By accessing the Webpage, User accepts that the Website uses Cookies in accordance with the Cookie Policy.

3.1.5. The registration may be deleted under My Data / “Modify, Change, Complement My Data, Settings” using the “Delete Registration” function. After deleting the registration, Provider deletes User's Data, but retains the Username and the email address to prevent re-registration. The sole purpose of the above is to prevent re-registering in order to remove negative feedback.

3.1.6. Oszkar.com telekocsi Kft performs data controlling under the following registry number in accordance with Section 68 (6) of Act CXII of 2011 on Informational Self-Determination and Freedom of Information of the National Authority for Data Protection and Freedom of Information:

Data Controller Oszkar.com telekocsi Kft.
Headquarters/Place of Residence 1133, Budapest, Hegedűs Gy. u. 67 5/4
Designation of Data Controlling “registration on a website. The sole purpose of controlling the mandatory data provided by the User is to enable identification of Users' rights, establishing connection between Users and to enable sending of system messages”
Registry number of Data Controlling NAIH-81509/2014.4

3.1.7. Provider reserves the right to make any publicly accessible data on motar.eu available to third party partners through their present and continuously developed REST API.

3.2. DATA TRANSFER

3.2.1. Name of Data Controller: PayU Hungary Kft.
Headquarters: 1074, Budapest Rákóczi út 70-72.
Transferred Data: name, address, telephone number, e-mail address, bank account number
Purpose of Data Transfer: transaction security (fraud) check and handling of payments in case of online pre-payments

3.2.2. Schibsted Classified Media Hungary Kft.
Headquarters: 1031 Budapest, Záhony utca 7. B. ép. fsz.
Transferred Data: any data of the driver's ads that are available without signing in (name, images, place and time of departure, remarks)
Purpose of Data Transfer: promoting driver's ads towards the visitors of the Jófogás.hu website, thereby increasing the chance of finding a travel mate

3.2.3. Name of Data Controller: OTP Mobil Szolgáltató Kft.
Headquarters: 1093 Budapest, Közraktár u. 30-32.
Transferred Data: name, address, telephone number, e-mail address, bank account number
Purpose of Data Transfer: transaction security (fraud) check and handling of payments in case of online pre-payments


4. Registration
4.1. Some services of the System (search, view trip details, sign up for ad monitoring) are available without signing in to anyone who is deemed legally capable by the current Hungarian legislation. Certain services (e.g. listing an ad, seat reservation, providing feedback, etc.) require registration and signing in. Registration to the System is free of charge.

4.2. Registration can be performed on any of the surfaces of the System by filling in the data in the “Sign Up” menu or by using a Facebook profile. In the case of the latter, the Terms and Conditions of Facebook also apply. Accepting the ToU is a necessary requirement of Registration. After a successful registration Provider shall send a verification e-mail to User, who can only use the Service after verifying the registration.

4.3. Provider does not take any responsibility for any loss or damages due to errors in input data, deceivingly false data and any technical difficulties during the input of the data.

4.4. By registration, User expressly allows Provider to control their data required to provide the Service in accordance with the circumstances described under Section 3 of these ToU.
The registration may be deleted under My Data / “Modify, Change, Complement My Data, Settings” using the “Delete Registration” function. After deleting the registration, Provider deletes User's Data, but retains the Username and the email address to prevent re-registration. The sole purpose of the above is to prevent re-registering in order to remove negative feedback.

5. Service Terms of Use
5.1. User is only allowed to use the Service if legally capable, or has limited capability but their earnings are their own disposal, or has the express approval of their legal representative. By registering, User acknowledges and guarantees to be allowed to use the Service in accordance with these ToU.

6. Obligations of User
6.1. Users may use the Service on their own responsibility.

6.2. User is responsible for any actions performed under the Username, and for keeping the security password safe. If User discovers that any unauthorized third parties may have or have gained access to their password, User shall immediately change the password. If it is suspected that any unauthorized third parties may have misused the User's password in any way, User shall immediately inform Provider thereof.

6.3. Any content published by User solely represents the User's opinion and views. It is prohibited to publish any content to the System that falsely represents the Provider's approval of or agreement with the content posted by User. User is solely responsible for any content published by User and any damages that may arise in connection therewith. User shall not violate the rights of any third person or the current Hungarian legislation by publishing any content to the System.

6.4. User is responsible for the data provided to the System, especially for the timeliness and correctness of any contact information such as email address, telephone number, car details. Provider is not responsible for checking the User's data, but providing deceivingly false data may entail legal consequences.
User acknowledges that advertising other webpages or the User's products or services in the System is prohibited without the Provider's previous consent. For information about advertising in the System contact us at info@motar.eu.

7. Obligations of Driver
7.1. To share the travelling costs, Driver may ask for an individually determined Trip Contribution from the transported Passengers. The Driver's announced time and place of departure is obligate. In case at least one Passenger has already reserved a seat by the Driver, changing the date of departure or the destination is not possible; the exact time and place of arrival may only be modified at least 12 hours before the originally announced time of departure. One may cancel the trip for general reasons in the System at least 12 hours before the originally announced time of departure, the Passengers who have already reserved a seat will be notified in an automatic email message. Provider does not take responsibility for the successful delivery of the email message, Driver is obliged to check via phone calls that the Passengers who reserved a seat for the given trip were duly informed about the change. If there were no Passengers signing up for the trip, any modifications may be performed.

7.2. Driver shall keep the data of their Ads in the System up to date. If a Driver is listing any Ads with false information in the System, Provider has the right to remove any such Ads and notify Driver thereof. If Driver have not logged in to the System for 40 days before the Ad is being deleted, Provider is not obliged to notify Driver.

7.3. Driver is not obliged to wait for the Passenger for more than 15 minutes, and may give a negative feedback about the experience in the System on the User's profile.

7.4. When reaching the destination, Driver shall deliver the Passenger to the address or public transport access, as agreed.

7.5. If Driver transports over 20 Passengers per (calendar) month, Driver must purchase a Premium or Professional Package.

7.6. If Driver transports over 40 Passengers per (calendar) month, Driver must purchase a Professional Package.

7.7. Driver shall transfer all Reservation Fees related to the Directions described in these ToU paid by the Passengers using any described payment method (credit card, wire transfer, credit pre-payment, cash payment to bank account, cash payment at Provider's Headquarters) within the given deadline.

7.8. Driver shall provide a feedback about the Passengers after each successful Trip.

7.9. Driver shall constantly maintain the Carrier vehicle in a safe and roadworthy condition that is fit for the safe transportation of Passengers. Driver shall before the start of each trip thoroughly and carefully check the legal and mechanical status – according to the current requirements – of the vehicle to determine if it is roadworthy in every aspect. (For example, but not limited to: the Carrier has valid registration card and third party insurance, Driver has valid driver's license for the Carrier, etc.)

7.10. Driver shall appear at the place of departure in a fit to drive condition and shall take full responsibility for the safety of the Passengers during the whole trip.

7.11. Driver shall always carry any personal identification documents, driver's license and the documents of the vehicle to every trip.

7.12. Driver shall make sure if all Passengers have the right to travel abroad, and make sure the necessary travel documents are present to avoid unintentional smuggling of humans.

8. Obligations of Passenger
8.1. Passenger shall appear in a fit to travel condition at the time and place agreed, or duly inform the Driver if, for some reason, a delay is inevitable, or will withdraw from travelling. Driver is duly informed when Driver gives any form of feedback (SMS, email, phone, etc.) to Passenger that the withdrawal has been received.

8.2. At the place of arrival (destination) Passenger shall pay Driver the agreed fee that contains the Trip Contribution determined by the Driver and the Reservation Fee where applicable. The only exception is if the trip fee has already been paid by Online Pre-payment, in this case Passenger shall upon Driver's request put the boarding pass or the boarding code to Driver's disposal (see Chapter 11. Online Pre-payment).

8.3. Passenger shall provide a feedback about the Driver after each successful or unsuccessful Trip.

8.4. If Driver fails to arrive to the agreed meeting place, or due to their own fault arrives considerably late, Passenger may post this, or any negative experiences, to the System onto the Driver's profile page.

8.5. Passenger shall carry necessary personal identification documents to the trip, and also valid travel documents in case of an international trip. In case of an international trip, upon Driver's request, Passenger shall present the valid travel documents to Driver. In the absence of valid travel documents, or if Passenger refuses to present them, or if Passenger is not in a fit to travel condition, Driver may refuse to transport Passenger.


9. Reservation Fee and Related Obligations of User
9.1. MEDIATED RESERVATION FEE SYSTEM

9.1.1. The structure, maintenance and operation of the System constructed and maintained by Provider incur unique and general expenses. To maintain a continuous and safe service, Provider uses a Reservation Fee system to fund its operation.

9.1.2. Reservation Fee is paid by Passengers after each successful trip organized through the Service.

9.1.3. Passenger pays the reservation fee to Driver. Driver shall transfer all Reservation Fees paid by the Passengers using any described payment method (credit card, wire transfer, credit pre-payment, cash payment to bank account, cash payment at Provider's Headquarters) within the provided deadline.

9.1.4. The fee applies to every inland and international trip from November 27, 2015, except the trips shorter than 50 km.

9.1.5. If Driver is obliged to issue an invoice, Driver may include the reservation fee separately from the trip fee as a mediated service on the invoice issued to Passenger. This way, according to Section 38 (1) of the Act on Local Taxes, the amount invoiced as reservation fee may be deducted from the assessment basis of the local business tax in accordance with this Agreement and after the invoice issued by Provider about the reservation fee.

9.1.6. Reservation Fee is different in case of a 'fixed' and 'as agreed' Trip Contributions, the amounts are shown in the tables below:

Amount of Trip Contribution Reservation Fee paid by Passenger
0-499 HUF free
500-1299 HUF 50 HUF
1300-2299 HUF 100 HUF
2300-3299 HUF 150 HUF
3300-4299 HUF 200 HUF
4300-5299 HUF 250 HUF
5300-6299 HUF 300 HUF
6300-7299 HUF 350 HUF
7300-8299 HUF 400 HUF
8300-9299 HUF 450 HUF
9300-10299 HUF 500 HUF
10300-12299 HUF 600 HUF
12300-14299 HUF 700 HUF
and so on...


9.1.7. If there is no Trip Contribution is added to the Ad, the Reservation Fee shall be determined based on the length of the trip as follows:

INLAND TRIP
Length of the Trip in km Reservation Fee paid by Passenger
1 - 50 km free
51 - 100 km 50 HUF
101 - 150 km 100 HUF
151 - 200 km 150 HUF
201 - 250 km 200 HUF
251 - 300 km 250 HUF
301 - 350 km 300 HUF
and so on...
INTERNATIONAL TRIP
Length of the Trip in km Reservation Fee paid by Passenger
1 - 50 km free
51 - 150 km 100 HUF
151 - 250 km 250 HUF
251 - 350 km 400 HUF
351 - 450 km 550 HUF
451 - 550 km 700 HUF
551 - 650 km 850 HUF
and so on...


9.1.8. In case the Trip Contribution is paid in EUR/GBP/CHF, the Reservation Fee will also be paid in EUR/GBP/CHF, the amount of which is shown in the following tables. Similarly to the trip fees paid in HUF, the amount of the Reservation Fee is different in case of 'fixed' and 'as agreed' Trip Contributions.

Amount of Trip Contribution Reservation Fee paid by Passenger
Up to 2 EUR/GBP/CHF free
3-6 EUR/GBP/CHF 0.25 EUR/GBP/CHF
7-11 EUR/GBP/CHF 0.5 EUR/GBP/CHF
12-16 EUR/GBP/CHF 0.75 EUR/GBP/CHF
17-26 EUR/GBP/CHF 1 EUR/GBP/CHF
27-46 EUR/GBP/CHF 2 EUR/GBP/CHF
47-66 EUR/GBP/CHF 3 EUR/GBP/CHF
and so on...

INLAND TRIP
Length of the Trip in km Reservation Fee paid by Passenger
Up to 70 km free
70.01-120 km 0.2 EUR/GBP/CHF
120.01-170 km 0.4 EUR/GBP/CHF
170.01-220 km 0.6 EUR/GBP/CHF
220.01-270 km 0.8 EUR/GBP/CHF
270.01-320 km 1.0 EUR/GBP/CHF
320.01-370 km 1.2 EUR/GBP/CHF
and so on...
INTERNATIONAL TRIP
Length of the Trip in km Reservation Fee paid by Passenger
1 - 50 km free
51 - 150 km 0.4 EUR/GBP/CHF
151 - 250 km 1 EUR/GBP/CHF
251 - 350 km 1.6 EUR/GBP/CHF
351 - 450 km 2.2 EUR/GBP/CHF
451 - 550 km 2.8 EUR/GBP/CHF
551 - 650 km 3.4 EUR/GBP/CHF
and so on...

9.1.9. If Driver offers an irrationally low price compared to the length of the trip (below 7HUF/passenger/km or 0,025EUR/passenger/km or 0,02GBP/passenger/km or 0,03CHF/passenger/km), then the Reservation Fee will automatically be determined based on the travelling distance.
Courtesy Ride listed for 1HUF are an exception on condition that Provider reserves the right to investigate if the trip was really a Courtesy Ride. If the trip was not indeed a Courtesy Ride, the km based Reservation Fee will be charged.

9.1.10. If no Trip Contribution is displayed in the Ad and the distance cannot be calculated, the Reservation Fee is a flat 150HUF/passenger for Inland Trips and 1200HUF/passenger for International Trips.

9.1.11. The currency of the Reservation Fee is the same as that of the trip fee (HUF, EUR, GBP, CHF may be used). Payment may be completed in HUF or GBP upon the Driver's decision. The calculation of the payable fee is based on the currency exchange rates of the Hungarian National Bank valid on the date of the pre-payment request is issued, in case of HUF with a one figure accuracy.

9.1.12. Reservation Fee will be invoiced if
  • Passenger has given feedback about the successful trip, OR
  • Driver has given feedback about the successful trip, OR
  • 3 days have passed since the trip and none of the parties have given feedback
9.1.13. The system will calculate using the tables above to calculate the Reservation Fee payable by Passenger to Provider, and in case of a fixed price, the Lister will display the prices in the Ads with the Reservation Fee already added. So the Driver will receive from the Passengers the amount increased with the Reservation Fee. The system follows the balance of the Reservation Fees (even if an as agreed price is displayed in the Driver's Ad) and if the sum of the Reservation Fees reach 500 HUF the Driver receives an email notification about the exact sum of assets. So the price is paid by the Passengers, but it is transferred to Provider by the Drivers.

9.1.14. Because the Reservation Fee system is based on confidence – no Reservation Fees apply to trips that were cancelled by any of the parties, and the Driver also has the possibility to subsequently mark the trip unsuccessful – Provider is continuously measuring the Passenger cancellation ratio of Drivers. If a Driver's ratio exceeds the total Passenger cancellation ratio in the System for a Direction advertised by Driver by at least 5%, Driver will be placed on a separate watch list, and the Driver will be notified thereof.

9.1.15. Provider reserves the right to ask for detailed information from the Driver in case of a considerably higher cancellation ratio, and if Driver fails to prove that they did not abuse the openness of the System, Provider has the right to
  • place Driver in the Request based Listing Fee payment system described in Section 9.B of these ToU
  • temporarily or permanently restrict the Driver's access to the System
9.1.16. Reservation Fees are payable in the Billing menu of the Personal page using the following methods after signing in to the Webpage:
  • bank card payment (can be set to automatic payment) – without currency exchange fee in case of Forint or Euro. In case of payment from a bank account of a different currency, the exchange rates of the issuer of the card apply.
  • wire transfer – transfer to a Forint or Euro account
  • filling up the credit balance in the System. In this case the credit balance can be filled with the requested amount of credits and the System will automatically take care of the payment of the Reservation Fee. A manual payment by Credits is also possible, and the automatic payment can be disabled. The Credit Balance can be filled up through the following link in the Billing menu after signing in, Credits can be purchased on a HUF or EUR basis (that can be set in the currency pull-down menu)
  • through cash payment in Provider's account manager financial institution
  • in cash, via an Express Pay terminal (more details about the provider: http://expressfizetes.hu/)
  • in cash, at a previously appointed time in Budapest, at the Provider's office (for appointments call +36 1/6333-696 or email to info@motar.com)
9.1.17. If one or more Passengers have paid the Driver via Online Pre-payment, the system will automatically try to settle the Reservation Fees from these funds. If the Reservation Fees are less than the trip fees collected by the Driver via Online Pre-payment, the system considers the Reservation Fees settled, and the Driver will receive the amount decreased by the Reservation Fees and the Transaction Fee. If the Reservation Fees are more than the trip fees collected by the Driver via Online Pre-payment, Driver only has to pay the difference between the online prepaid fees and the Reservation Fees.

9.1.18. If Driver fails to settle the Reservation Fee assets until the given deadline, and if the Driver's Ads contain exact prices, and Driver has enabled Online Pre-payments, the Driver's Ads will remain visible in the Lister for a maximum of 2 weeks, but seats may only be reserved to Driver's trips via Online Pre-payment until the fees are settled. If in the meantime Driver settles the Reservation Fees, the Driver's Ads will be restored to their original states, so the trip fee may be settled in any way the Driver requested.

9.1.19. If
  • Driver fails to settle the fee within 2 weeks, or
  • no exact figures are set in the Driver's Ads (e.g. 'as agreed' or a price interval is set), or
  • Driver does not allow Online Pre-payments,
and if the Reservation Fees are not settled until the given deadline, the System deactivates the Driver's Ads (so they will not appear in the Lister) until the Reservation Fees are settled. Provider has the right to forward any remaining claims to a debt collector partner. Any fees of the collecting of debts is payable by the User, which will appear as charges on the invoice issued by the debt collector partner. Any claims forwarded for debt collection may only be paid to the debt collector partner after the issued invoice. Should any claims be uncollectable, Provider may enforce their interests through judicial channels.

After settling the Reservation Fee assets, the Driver's Ads will immediately be re-activated.

9.1.20. The Driver will receive email notification when the amount of Reservation Fees reach 500HUF, but only at a frequency of once per week.

9.1.21. If Driver has settled the Reservation Fees on time three times in a row, Driver may set the frequency of payments from once a week to once a month on the Personal settings page. In the monthly payment system Driver has one month to settle the Reservation Fees from the due date of the first Reservation Fee if the debt does not exceed 5000HUF. When a debt of 5000HUF is reached, the debt becomes immediately payable. In the monthly payment system Driver receives email and SMS notifications just as in the normal system.

9.1.22. Driver is obliged to provide feedback in the System about unsuccessful trips. When this is done, the System deletes the Reservation Fee of the unsuccessful trip and re-calculates the amount of payable Reservation Fees displayed in the Billing menu of the Personal page.

9.1.23. System deems a trip successful if 3 days have passed since the date of the trip and no feedback was received. If the Driver's or the Passenger's feedback states that the trip was successful, the System also deems the trip successful. If Driver and Passenger have a disagreement about the trip being successful or unsuccessful the Provider will investigate.

9.1.24. Prices in this Section are gross amounts. The price of the Reservation Fees for inland trips include VAT, in case of the Reservation Fees for international trips no VAT is payable, because according to Section 110. of the Act CXXVII of 2007 (VAT Act) together with Section 105 of the VAT Act passenger transport related agency mediated services with a foreign place of departure or arrival are not subject to taxation.

9.2. REQUEST BASED LISTING FEE PAYMENT SYSTEM

9.2.1. In case of – mainly Professional – Users where the actual successfulness of the trips after reservation cannot be properly monitored, but do not undertake the payment of all Reservation Fees payable after every trip that was marked successful, there is a possibility to switch over to a Request based Listing Fee payment system instead of the sanctions described in Section 13 of these ToU.

9.2.2. One can be entered in the Request based Listing Fee payment system
  • a.) upon the request of Driver, or
  • b.) upon the decision of Provider, if any of the activities listed in Section 13. g. of these ToU can be proven. In this case Driver is notified by Provider in writing.

9.2.3. If a Driver enters the Request based listing fee payment system, Driver is not obliged to forward the payment of the Reservation Fees paid by the Passengers as described in Section 9.A. Instead, the Driver shall pay a Listing Fee after each occasion when Passengers initiate contact with Driver in connection with an Ad listed in the Motar system. Passenger initiated contact means any of the following:
  • Seat reservation in the Driver's Ad (Passenger receives the Driver's contact information thereafter)
  • Sending an internal message to Driver in the System
  • Requesting the phone number of the Driver from the System (without a reservation this is only available for the Passenger in case of Professional Drivers)

9.2.4. In the case of the aforementioned contact initiations Driver is only obliged to pay a Reservation Fee related to a certain Driver's Ad for the first contact initiation attempt of the given driver. (Accordingly, for example, if a Passenger sends an internal message to the Driver before making a reservation, then makes a reservation in the Driver's Ad, the Listing Fee will be only payable once in connection with that passenger and ad.)

9.2.5. Listing Fee is a certain percent (less than 100) of the Reservation Fee that should be forwarded after the trip. Provider determines this percentage for the Driver taking into account the Driver's system usage statistics compared to other Driver's statistics.

9.2.6. If Driver does not wish to use the offered Request Based Listing Fee System, or does not agree with the amount of the Listing Fee,
  • may request to return to the Mediated Reservation Fee System after 30 days from being placed in the Request Based Listing Fee System. Provider shall review such request within 10 days and, in case of the following circumstances, shall return the Driver from the Request based Listing Fee System to the Mediated Reservation Fee System:
    • Driver has not violated the ToU in the previous 30 days, especially Section 13
    • Driver has no debts towards the Provider
    • Driver has never been moved back from the Request Based Listing Fee System to the Mediated Reservation Fee System
  • Driver may decide upon ending the use of the System


10. Responsibilities
10.1. The Provider's task is only to create a connection between the Drivers and the Passengers. Provider doesn't take responsibility for any events, damages during the ridesharing, the correctness of the Users' information, or any damages due to data loss or the malfunctioning or interruptions of the system.

10.2. Users may only use the System on their own responsibilities, which they acknowledge by accepting these ToU.

10.3. User is solely responsible for any content published by User and any financial or non-financial damages that may arise in connection therewith. User shall not directly or indirectly violate the rights of any third person or the current Hungarian legislation by publishing any content to the System.

10.4. Provider does not take responsibility for any faults or redundancies in the System due to the malfunction of computer systems, online computer systems, servers or clients, software or Internet capacity overloads, force majeure (including but not limited to wars, natural disasters, strikes, riots, walk-outs and similar) situations.

10.5. If User uses the Service to transport live animals, Provider does not take responsibility for the health of the animal and any possible damages during the transportation. Provider does not have the authority to determine who is responsible for the damages.

10.6. If User uses the Service to transport packages, Provider does not take responsibility for the delivery and contents of the package, and any possible damages during the transportation. Provider does not have the authority to determine who is responsible for the damages.

10.7. Provider does not take responsibility for the content of the Ads appearing on the Webpage. Provider publishes the Ads in accordance with the provisions of Act CVIII of 2001 on certain issues of electronic commerce services and information society services and Act LVIII of 1997 on business advertising.

11. Online Pre-payment
11.1. Secure online pre-payment systems provided by PayU and OTP Mobile are available through the System for handling payments between Users.

11.2. During online pre-payment – if User choses this option – the System will forward the User to the secure online payment surface maintained by PayU Hungary Kft. or OTP Mobil Kft. The general Terms and Conditions of PayU Hungary Kft. or OTP Mobil Kft. apply to the payment process and any related data protection provisions. You can find more details about the PayU payment system at www.payu.hu, and the OTP Mobil payment system at www.otpmobil.hu.

11.3. If Driver allows online pre-payment when posting the Ad, Passenger may pay the trip fee using a bank card after seat reservation. For this the Driver needs to sign up to receive online payment by filling in an online form. After that Passengers will have the possibility to pay online, if Driver enables the online pre-payment option when posting a new Driver's Ad. Online pre-payment can be made exclusive or optional for every Ad. Meanwhile a few day long evaluation process takes place and the Driver will receive an email notification of the result thereof, no payments will be completed until then.

11.4. Driver can prove the successfulness of the trip with the code the Passenger received during the online pre-payment. Driver is only entitled to request the amount decreased by the Transaction Fee (currently 7,7 %) after the Driver or the Passenger has confirmed that the trip was successful. The money is transferred on Fridays to the Drivers and it contains the fees of all trips the Driver or the Passenger has confirmed by Wednesday early morning of that week.
If the Passenger reserves a seat with a Driver accepting online pre-payment, the System will forward the Passenger to the payment surface of PayU or OTP Mobil, where the secure payment can be made. After this Passenger receives a boarding ticket with a code; this will be requested by Driver during the trip, because this is used to confirm a successful trip and request the payment.

11.5. Cancelling a Trip Prepaid Online:

11.5.1. If the Passenger cancels a trip during the last hours or does not show up without cancelling, Driver shall receive 80 % of the trip fee as a “deposit” and 20 % will be refunded to the Passenger. If the Passenger cancels the trip in time or it gets cancelled due to the Driver's fault, the whole amount is refunded. The amount of the refund and its relation to the time of the cancellation is described below with three examples and diagrams:

Case “A”: The Passengers makes a reservation very early, say 20 days before departure. Now the reservation may be cancelled at least 7 days before departure in case of an international trip, and 3 days before departure in case of an inland trip. In case the trip is cancelled any later than that, only a part of the amount is refundable. If the seat reservation is only cancelled 12 hours before the time of departure (or later), only 20 % of the trip fee is refundable. (In between the refundable amount decreases with time.)

Case “B”: The Passengers makes an early reservation, say 4 days before departure. Now the reservation may be cancelled before the 40 % of the time between reservation is made and the time of departure (within ca. 38 hours). After that only a part of the amount is refundable. If the cancellation happens 12 hours before the time of departure (or later), only 20 % of the trip fee is refundable. (In between the refundable amount decreases with time.)

Case “C”: The Passenger makes a reservation close to the time of departure, say 10 hours earlier. Now the reservation may be cancelled before the 40 % of the time between reservation is made and the time of departure (that is 4 hours before departure). After that not the whole fee, but only 20 % of the amount is refundable.



The above diagram shows the money refund ratio in case a Passenger cancels.

11.5.2. If a trip is cancelled because of a fault of the Driver, Passenger will be refunded the whole prepaid amount – regardless of the time of cancellation.
If Passenger does not have the boarding ticket available, Driver may still confirm the trip without the boarding ticket, but the fee will only be paid if
  • The Passenger does not report that the trip was unsuccessful (has 3 days for this, after that the system will deem it successful)
  • The Passenger confirms that the trip was indeed successful
11.5.3. If the Passenger reports that the trip was cancelled due to a fault of the Driver, and the Driver reports that it was because of the Passenger, the fee will not get paid nor refunded until the Driver and the Passenger reach an agreement.

12. Transportation of Packages
12.1. Package Transport is any activity where the sender of the package doesn't travel with the Driver, only the goods to be delivered are handed over to the Driver who then transports those to the previously agreed destination for a previously agreed fee.

12.2. In case of a Package Transport it is the Driver's obligation to check if the transportation of the received item is legal.

12.3. In case of a Package Transport the place for picking up and delivering the package shall be agreed upon by the parties.

12.4. If a package needs to be transported, the sender shall find the appropriate Driver(s) in the System and ask for a package delivery offer by clicking “Request offer for luggage delivery”. Sender shall inform Driver of every necessary detail required to make an offer, including the size, condition, weight of the package, or any extra information such as the price of the item(s) or if they are fragile.

12.5. Driver has the possibility to reply to the package delivery request with an exact price for which Driver delivers the package. If Driver is able to deliver the package, providing the transportation fee is obligatory.

12.6. The sender of the package may accept a maximum of 1 offer from the received offers. An offer can be accepted by clicking “I accept the offer” appearing by the offer.

12.7. If an offer is accepted the parties receive each other's telephone numbers in email for easier contact. The sender of the package is responsible for handing over the item(s) in such packaging that will guarantee that the transported goods will not do any damage in the vehicle, itself, or other goods, animals or people also transported in the vehicle.

12.8. The sender of the package is responsible for having the Driver sign an acknowledgement of receipt that confirms that the package was safely handed over. The Driver shall have the recipient sign an acknowledgement of receipt that confirms that the package was safely handed over.

12.9. Sharing contact information in the mailing, request for offer or the offer itself without an accepted transportation offer is prohibited for both parties. (see also 14.1.g)

12.10. For each accepted offer only one evaluation may be posted to the System where the successfulness of the delivery may be confirmed.

12.11. In case of a successful delivery, the commission of the Provider is 10 % of the accepted delivery offer payable by the Driver. The payable fee is displayed among the reservation fees, and it is noted that it was a package delivery. It can be paid just like reservation fees, see Section 9.1.16.

12.12. The same rules apply to the payment of commissions as to the payment of reservation fees, see Sections 9.1.12 and 9.1.19.

12.13. Any responsibilities related to transporting of packages and not included herein are governed by Section “10. Responsibilities”.

13. Handling of Credits
13.1. Currently Credits may be used for the following services:
  • Highlighting Ads
  • SMS notifications (about seat reservations, changes in the trip parameters, etc.)
  • SMS sending
13.2. Credits can be purchased via the balance menu on the Webpage using the secure online payment methods of PayU Hungary Kft. or OTP Mobil Kft, or by wire transfer. Credit reimbursement is not possible.

13.3. Use of the Credits cannot be withdrawn. So, if any Credits were used to highlight one or more Ads, but any of such Ads were later deleted, the deducted Credits are not refunded.

14. Restriction of Access
14.1. Provider has the right to restrict or deny (delete the registration) User's access, delete their Ads and other published content, if User:
  • a.) abuses other Users' personal data during their activities
  • b.) provides false data
  • c.) misuses the System
  • d.) endangers the functionality of the service by their activities
  • e.) intendedly harms other Users' interests, behaves disrespectfully towards them
  • f.) uses the Motar message board and/or internal messaging system to send large number of unsolicited electronic communication
  • g.) harms Provider's interests, in especially but not limited to the following aspects:
    • I.) Encourages contact outside the system, displays or asks for contact details at the following places:
      • pre-reservation internal message
      • ad description
      • job
      • color or type of vehicle
      • introduction
      • or any field with a different purpose that is available publicly or after signing in
    • II.) takes any actions to interrupt any seat reservations in connection with trips or Package Transport
    • III.) cancels a trip or Package Transport organized through the System that despite the mutual and unambiguous intent, or asks a fellow passenger to cancel the seat reservation
    • IV.) marks a successful trip or Package Transport as unsuccessful or encourages a fellow passenger to do so
  • h.) posting any content or a link thereto to the System and/or the Provider's Facebook page containing information that is false, illegal, encouraging illegal activities, racist, defamatory, harassing, humiliating, obscene, indecent, threatening, deceitful or deceptive

15. Termination
15.1. User may instantly Terminate these ToU at any time by deleting their Registration.

15.2. Provider may terminate these ToU (delete the User's registration) if User violates these ToU (especially the provisions of Section “Restriction of Access”).


16. Intellectual Property
16.1. The intellectual property rights related to any content displayed on the surfaces of the System (especially, but not limited to: logos, text, photos, images, videos) belong to Provider. The contents, or any part of thereof, may not be copied or used without the previous express written approval of the Provider.


17. Complaint Management
17.1. In case of complaints, Users may inform Provider via info@motar.eu or by calling +36 1/6333-696 during office hours. Provider shall reply to the complaint within 10 days – where holidays are excluded.


18. Miscellaneous
18.1. The interpretation of these ToU and the Service provided by Provider are governed by Hungarian Law.

Budapest, October 28, 2015 (Effective: from December 1, 2015)