1.1. These Terms of Use (hereinafter – the Terms) constitute a public offer (in accordance with Article 407 of the Civil Code of the Republic of Belarus) and represent an offer by LLC «Vadzhen trans» to use the «BusSystem» service (hereinafter – the Service), available at https://poehali.by and in the «Poehali.by» mobile application, on the terms set out below.
The Operator of the Service is LLC «Vadzhen trans», registered by the Minsk City Executive Committee on 24.07.2019, TIN 193286041 (hereinafter – the Operator).
1.2. The Service may be used by any person who has accepted these Terms (hereinafter – the User).
1.3. By using the Service, the User is deemed to have accepted the Terms in full, without any reservations or exceptions. If the User disagrees with any provisions of the Terms, they are obliged to stop using the Service.
1.4. These Terms may be amended without any special notice to the Users.
1.5. New versions of the Terms take effect from the moment they are posted on the Internet at the address specified in clause 1.6 of the Terms and in the «Poehali.by» mobile application, unless otherwise provided by the new versions of the Terms.
1.6. The current version of the Terms is posted at the following address: https://poehali.by
Use of the Service after the Terms have been amended means that the User expresses full and unconditional consent to the new version. If the User disagrees with the amendments made to the Terms, they are obliged to stop using the Service.
1.7. Failure by the User to take action to review the Terms cannot serve as grounds for the full or partial non-performance thereof.
1.8. The terms used in the Service interface may have meanings different from those established by legislation.
1.9. These Terms govern relations arising solely in connection with the use of the Service.
The parties to the transportation contract are the passenger and the carrier, and therefore the Operator bears no liability for the improper performance by the carrier of the terms of the contract and/or of legislation.
2.1. The Service provides the User with the following functional capabilities:
2.2. The provision of the functional capabilities of the Service may be subject to a service fee, the amount of which is determined by the Operator. As a general rule, the service fee is non-refundable upon return of an issued electronic order or cancellation of a booking. At the same time, the Operator reserves the right to refund the service fee at its discretion.
2.3. In order to book seats and issue electronic tickets, the User must undergo the authorisation process on the Service. Authorisation and subsequent login to the personal account are carried out using the mobile phone number to which a one-time password is sent. The personal account allows the User to save passenger data, manage trips and link a bank card for payment of electronic tickets.
2.4. Booking of seats and issuance of electronic tickets is carried out using the software of the Service and the API (or other software) of the Service Partners by the User selecting the relevant trip and filling in the form with the necessary and accurate information about the passengers. The issued electronic ticket/order is located in the personal account.
2.5. When booking seats and issuing electronic tickets, the User shall provide accurate information about the passengers, including data from identity documents where necessary.
2.6. By booking seats and issuing electronic tickets, the User thereby confirms the following:
2.7. Where the User exercises the functional capabilities of the Service for the benefit of another person, they undertake to communicate the provisions of these Terms to such person.
2.8. Information on Transportation posted on the Service is provided by the Service Partners. A Service Partner may be a Carrier or another person who has information about the Transportation.
2.9. The Service is a dynamic system whose components may be modified or supplemented at any time; accordingly, the User is invited to use the Service on an "as is" basis.
2.10. The information posted on the Service is of a reference nature and may be changed without additional notice to Users. Liability for the non-conformity of information posted on the Service with reality lies with the Service Partner that provided it.
The Operator shall not be liable for the cancellation of trips and/or delays in the departure, travel and arrival of vehicles at the destination. The person liable for any violations related to the Transportation (including cancellation or rescheduling of a trip) is the Carrier.
3.1. The User undertakes:
3.1.1. before booking a seat and issuing an electronic ticket, to review these Terms and the Rules on road carriage of passengers approved by Resolution of the Council of Ministers of the Republic of Belarus No. 972 of 30.06.2008.
3.1.2. before booking a seat and issuing an electronic ticket for the selected trip, to review the information necessary for concluding the transportation contract, as well as the procedure for refunding funds paid for the electronic ticket. This information is provided by the Carrier performing the Transportation on the selected trip.
3.1.3. to independently familiarise themselves with the requirements of customs, passport, visa and other controls of the countries on the selected route, including those concerning the validity periods of identity documents, the rules on crossing the border and on the carriage of baggage, cargo and valuables. The Service User and the passenger assume full responsibility for the preparation and sufficiency of all documents necessary for the trip, as well as documents necessary for the departure of minor children, and bear full personal responsibility in the event of claims by customs, passport and visa authorities of the countries along the route.
3.1.4. to download the issued electronic ticket/order from the personal account for presentation at boarding the road transport, in printed form on paper or by means of a smartphone (or another device), together with an identity document of the passenger (or another document containing a photograph) the data of which are indicated in the electronic ticket/order.
3.1.5. to implement measures necessary and sufficient to prevent unauthorised access by third parties to the User's personal account;
3.1.6. when booking a seat and issuing an electronic ticket, to provide accurate information about the passengers, including data from identity documents where required. An electronic ticket for international carriage of a passenger on scheduled services may not be transferred to another person for the trip. A person is not entitled to travel if the data indicated in the travel document does not match the corresponding data of the identity document, or of the certificate of registration of an application for refugee status, subsidiary protection or asylum in the Republic of Belarus, or of the certificate on the provision of subsidiary protection in the Republic of Belarus (in the absence of an identity document).
3.1.7. if the User is unable to assess the completeness and meaning of the information posted on the Service or in these Terms, to contact the Operator's support service before making a booking or payment and obtain clarification. By refusing to take these actions, the user confirms that the information contained in the Service and in the Terms is clear to them.
3.1.8. to perform other obligations provided for in these Terms.
4.1. Payment for an electronic ticket may be made by bank card. This option is provided by the bePaid electronic payment processing systems. The payment pages of the bePaid systems meet all data-transfer security requirements (PCI DSS Level 1).
4.2. The payment option becomes available after the transportation conditions have been selected and the "Pay" button on the relevant page of the website (application) has been pressed. After the "Pay" button is pressed, the User will be redirected to a special secure payment page of the bePaid processing system.
4.3. Payment is made using bank cards of the following payment systems:
4.4. The payment page will display the order number and the payment amount. To make the payment, the User enters the bank card data into the payment gateway for authorisation. The bePaid secure server establishes an encrypted connection using the secure TLS protocol and confidentially receives the customer's payment card data (card number, cardholder name, expiration date and the CVC/CVC2 security code of the bank card).
4.5. If the User's bank supports the secure Internet-payment technology Verified By Visa or MasterCard Secure Code (3-D Secure), entering a special password may also be required to process the payment.
4.6. After the bank card details and the special password have been entered, the User is returned to the Service. The Service will notify the User of the results of the bank card authorisation. If authorisation is confirmed, the order will be automatically processed in accordance with the specified conditions. If card authorisation is declined, the User is given the opportunity to repeat the payment procedure.
4.7. After the cardholder selects the "Save card" option by leaving the tick in the corresponding field, a recurring payment is deemed to be set up after the successful completion of the first debit from the card with 3-D Secure authentication (provided that the payer has activated with their bank a service for additional security when making online payments and receives notifications of successful debits at the payer's e-mail address indicated when placing the order). After setting up the recurring payment, on subsequent orders the funds will be debited from the bank card without additional confirmation via 3-D Secure authentication.
4.8. After the payment has been processed, a payment confirmation will be sent to the e-mail address indicated by the User. After making a payment using a bank card, it is necessary to keep the card receipts (payment confirmations) received at the e-mail address for reconciliation with the card account statement (in order to confirm the transactions in the event of disputes).
4.9. The Service does not receive or store the payment details of the Users. When making a payment, the Service receives information about the time of the transaction, the payment currency, the amount and the service paid for. All confidential data is stored in encrypted form and is highly resistant to hacking. Access to the authorisation pages is performed using a protocol that ensures secure data transmission on the Internet (SSL/TLS). The information entered will not be provided to third parties except in cases provided for by legislation. Payments by bank cards are made in strict compliance with the requirements of the Visa Int. and MasterCard Europe Sprl. payment systems.
5.1. Service Partners included in the list of road carriers required to carry out road transport by public transport are obliged to provide the benefits established by legislation.
5.2. When performing other road transportation on scheduled services (not by public transport), benefits may be provided to passengers at the Carrier's discretion. The provision of such benefits is a right but not an obligation of the Carrier.
6.1. The Service provides the User with the functional capability to submit a request for a refund of the funds paid for an electronic ticket.
6.2. The refund functional capability is implemented by pressing the "Refund" button on the relevant page of the Service.
6.3. The refund of funds paid for electronic tickets in the case of domestic road transportation on scheduled services is made in the amount established by the Rules on road carriage of passengers approved by Resolution of the Council of Ministers of the Republic of Belarus No. 972 of 30.06.2008.
6.4. The rules for refunding funds for electronic tickets in the case of international road transportation are determined by the Carrier. In particular, the Carrier may establish special conditions under which the refund of the amount paid is or is not made (including cases where the amount paid may be partially or fully non-refundable).
The conditions for refunding funds for electronic tickets in the case of international road transportation are determined by the Carriers independently (without the participation of the Operator) and are communicated to the User prior to the purchase of the electronic ticket together with other information posted in the "Details" section. By purchasing a ticket, the User expresses full and unconditional consent to all the Carrier's conditions.
6.5. Upon a refund of the ticket, the funds are transferred to the User without additional notice and/or obtaining their consent.
6.6. In the case of payment by bank card through the bePaid system, the refund is made to the same card from which the payment was made. The time for the funds to be received may be up to 30 days depending on the bank.
6.7. Depending on the situation, the Operator of the Service has the right (but is not obliged) to replace the electronic ticket, notifying the User of this by telephone call or SMS to the telephone number indicated in the relevant section when purchasing the ticket. By accepting these Terms, the User agrees that the fact of making a telephone call or sending an SMS constitutes proper and sufficient notice, regardless of whether the call is answered or the message is received by the User.
At the Operator's discretion, several methods of notification may be used simultaneously.
7.1. The operation of the Service may be suspended for the period of technical and preventive maintenance works.
7.2. The Operator shall not be liable for the inability to use the functional capabilities of the Service caused by technical malfunctions. The Operator will endeavour to eliminate such malfunctions as quickly as possible.
7.3. The User has the right and, in the event of problems with payment/refund, is obliged to contact the Service's support service.
7.4. The legislation of the Republic of Belarus shall apply to all relations between the User and the Operator.