Pirates Ltd. (hereinafter referred to as “Gypsie”) has developed a carpooling platform accessible on a website at the address www.Gypsie.co.nz or in the form of a mobile application, and designed to put drivers travelling to a given destination in contact with passengers going in the same direction, in order to enable them to share the Trip and therefore the associated costs (hereinafter referred to as the “Platform”).
By clicking “Login with Facebook” or “Register with an email address”, you recognise having read and accepted all these general conditions of use.
In this document,
“Advert” means an advertisement about a Trip posted on the Platform by a Driver;
“Gypsie” has the meaning given to it in Article 1 above;
“T&Cs” means these Terms and Conditions;
“Account” means the account that must be created in order to become a Member and access certain services offered by the Platform;
“Facebook Account” has the meaning given to it in Article 3.2 below;
“Driver” means the Member using the Platform, to offer to transport another individual in exchange for the Cost Contribution, for a Trip and at a time defined by the Driver alone;
“Booking Confirmation” has the meaning given to it in Article 4.2.1 below;
“Member Content” has the meaning given to it in Article 11.2 below
“Service Fee” has the meaning given to it in Article 5.2 below;
“Member” means any individual having created an Account on the Platform;
“Passenger” means the Member having accepted the offer to be transported by the Driver or, where applicable, the person on whose behalf a Member has booked a Seat;
“Cost Contribution” means, for a given Trip, the sum of money requested by the Driver and accepted by the Passenger for his contribution to the travel costs;
“Seat” means the seat booked by a Passenger in the Driver’s vehicle;
“Platform” has the meaning given to it in Article 1 above;
“Booking” has the meaning given to it in Article 4.2.1. below;
“Services” means all services delivered by Gypsie via the Platform;
“Website” means the website accessible at the address www.Gypsie.co.nz;
“Leg” has the meaning given to it in Article 4.1 below;
“Trip” means the journey subject of an Advert published by a Driver on the Platform, and for which he agrees to transport Passengers in exchange for the Cost Contribution;
“Trip with Booking” has the meaning given to it in Article 4.2.1 below;
“Trip without Booking” has the meaning given to it in Article 4.2.2 below;
The Platform may be used by individuals aged 18 or over. Registration on the platform by a minor is strictly prohibited. In accessing, using or registering on the Platform, you represent and warrant that you are aged 18 or over.
The Platform enables Members to post and view Adverts and to interact with each other to book a Seat. You can view the Adverts if you are not registered on the Platform. However, you cannot post an Advert or book a Seat without having first created an Account and become a Member.
To create your Account, you can:
When creating your Account, regardless of the method chosen, you agree to provide accurate and true information, and to update it through your profile or by notifying Gypsie, in order to guarantee its relevance and accuracy throughout your contractual relations with Gypsie.
In the case of registration by email, you agree to keep secret the password chosen upon creating your Account and not to communicate it to anybody. If you lose or disclose your password, you undertake to inform Gypsie immediately. You alone are responsible for the use of your Account by third parties, unless you have expressly notified Gypsie of the loss, the fraudulent use by a third party, or the disclosure of your password to a third party.
You agree not to create or use, under your own identity or that of a third party, Accounts other than that initially created.
Gypsie may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile. This is notably the case when you enter your telephone number or provide us with an Identity document.
You recognise and accept that any reference on the Platform or the Services to “verified” information, or any similar term, means only that a Member has successfully passed the verification procedure existing on the Platform or the Services in order to provide you with more information about the Member with whom you are considering travelling. Gypsie cannot guarantee the truthfulness, reliability or validity of the information subject of the verification procedure.
As Member, and providing you fulfil the conditions below, you can create and post Adverts on the Platform by entering information about the Trip you intend to make (dates/times and collection points and arrival, number of seats offered, options available, amount of the Cost Contribution, etc.).
When posting your Advert, you can indicate the milestone cities in which you agree to stop, to pick up or drop off Passengers. The sections of the Trip between these milestone cities or between one of these milestone towns and the collection point or destination of the Trip constitute “Legs”.
You are only authorised to post an Advert if you fulfil all the following conditions:
You recognise that you are solely responsible for the content of the Advert you post on the Platform. Consequently, you represent and warrant the accuracy and truthfulness of all information contained in your Advert, and you undertake to fulfil the Trip under the conditions described in your Advert.
Providing your Advert complies with the T&Cs, it will be posted on the Platform and therefore visible to Members and all visitors, even non-members, conducting a search on the Platform or on the website of Gypsie’s partners. Gypsie reserves the right, at its sole discretion and without notice, to not post or to remove, at any time, any Advert that does not comply with the T&Cs or that it considers as damaging to its image, that of the Platform, or that of the Services.
You recognise and accept that the criteria taken into account in the classification and the order of display of your Advert among the other Adverts are at the sole discretion of Gypsie.
The methods of booking of a Seat depend on the nature of the Trip envisaged. For some Trips, Gypsie has set up an online booking system.
4.2.1. Trip with Booking
Gypsie has set up a system for booking Seats online (“Booking”) for some Trips offered on the Platform (“Trips with Booking”).
Eligibility of a Trip for the Booking system remains at the sole discretion of Gypsie, which reserves the right to modify these conditions at any time.
When a Passenger is interested in an Advert benefiting from Booking, he may make an online Booking request. This Booking request is either (i) accepted automatically (if the Driver chose this option when posting his Advert), or (ii) accepted manually by the Driver. At the time of the Booking, the Passenger makes online payment of the Cost Contribution and the related Service Fees, where applicable. After receipt of the payment by Gypsie and validation of the Booking request by the Driver, where applicable, the Passenger receives a Booking Confirmation (the “Booking Confirmation”).
If you are a Driver and have chosen to handle manually the Bookings requests when posting your Advert, you are required to respond to any Booking request within the timeframe specified by the Passenger during the Booking request. Otherwise, the Booking request will expire automatically and the Passenger shall be refunded all sums paid at the time of the Booking request, if any.
At the time of the Booking Confirmation, Gypsie will send you the telephone number of the Driver (if you are the Passenger) or of the Passenger (if you are the Driver). You are then solely responsible for executing the contract binding you to the other Member.
4.2.2. Trip without Booking
For journeys not benefiting from the online system for booking Seats (“Trips without Booking”), Gypsie offers a free service (i.e. without Service Fee) enabling the Passenger to send a message to the Driver of a Trip he may be interested in. At the time of sending this message, Gypsie will send you the telephone number of the Driver (if you are the Passenger) or of the Passenger (if you are the Driver), if the Member agreed to display his/her phone number. You are then solely responsible for arranging the details of the Trip with the other Member, and you alone assume the risks linked to cancellations, changes of the details of the journey, and non-payment of the Cost Contribution.
Any use of the Services, in the capacity of Passenger or Driver, relates to a specific name. The Driver and the Passenger must correspond to the identity communicated to Gypsie and the other Members participating in the Trip.
However, Gypsie allows its Members to book one or more Seats on behalf of a third party. In this case, you undertake to accurately indicate to the Driver, at the time of the Booking or when sending the message to the Driver (in the context of a Trip without Booking), the forenames, age and telephone number of the person on whose behalf you are reserving a Seat. It is strictly prohibited to book a Seat for a minor under the age of 13 travelling alone. In the case where you are reserving a seat for a minor over the age of 13 travelling alone, you undertake to request the prior agreement of the Driver and to provide him with duly completed and signed permission of his/her legal representatives.
In addition, the Platform is intended for the booking of Seats for individuals. It is forbidden to book a Seat for transporting any object, package, animal traveling alone or material items whatsoever.
Furthermore, it is prohibited to publish an Advert for a Driver other than you.
Gypsie encourages you to leave a review about a Driver (if you are a Passenger) or about a Passenger (if you are a Driver) with whom you have shared a Trip or with whom you were supposed to share a Trip. However, you are not permitted to leave a review about another Passenger if you were a Passenger, or about a Member with whom you have not travelled or with whom you were not supposes to travel.
Your review, and the review left by another Member about you, if any,, are only visible and published on the Platform after the shorter of the following periods: (i) immediately after you have both left a review, or (ii) after a period of 14 days following the first review..
You have the option of responding to a review that another Member has left on your profile in a 14-day delay following the date of the review received. The review and your response, where applicable, will be published on your profile.
You recognise and accept that Gypsie reserves the right not to publish or to delete any review, any question, any comment or any response if it deems its content breaches these T&Cs.
Gypsie reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs in the case where (i) you have received at least three reviews and (ii) the average review you have received is less than or equal to 3.
Access to and registration on the Platform, as well as searching, viewing and posting Adverts, are free of charge. However, the Booking is charged under the conditions described below.
The Cost Contribution is determined by you, as Driver, under your sole responsibility. It is strictly prohibited to profit in any way from using our Platform. Consequently, you agree to limit the Cost Contribution you ask your Passengers to pay to the costs you actually incur to make the Trip. Otherwise, you alone will bear the risks of recharacterization of the transaction completed via the Platform.
When you post an Advert, Gypsie will suggest an amount of for the Cost Contribution, which notably takes account of the nature of the Trip and the distance travelled. This amount is given purely as a guideline and it is up to you to increase it or reduce it to take account of the costs you actually incur on the Trip. To avoid abuse, Gypsie limits the possibility of adjustment of the Cost Contribution.
In the context of Trips with Booking, Gypsie, in exchange for use of the Platform, at the time of Booking, shall collect service fees (hereinafter referred to as the “Service Fees”) calculated on the basis of the Cost Contribution. The methods of calculation of the Service Fees in force can be found .
The Service Fees are collected by Gypsie for each Seat subject of a Booking by a Passenger.
In the case of cross-border journeys, please note that the methods of calculation of the amount of the Service Fees and the applicable GST vary according to the collection point and/or destination of the Trip.
When using the Platform for cross-border trips or out of New Zealand, the Service Fees may be charged by an affiliate company of Gypsie operating the local platform.
You recognise and accept that Gypsie may, at its full discretion, round up or down the Service Fees and the Cost Contribution.
5.4.1. Collection mandate
In using the Platform as Driver for Trips with Booking, you confer on Gypsie a collection mandate for the Cost Contribution in your name and on your behalf.
Consequently, in the context of a Trip with Booking, and after manual or automatic acceptance of the Booking, Gypsie shall collect the whole of the sum paid by the Passenger (Service Fees and Cost Contribution).
The Cost Contributions received by Gypsie are deposited in an account dedicated to payment of the Drivers.
You recognise and accept that none of the sums received by Gypsie in the name and on behalf of the Driver gives entitlement to interest. You agree to respond diligently to any request of Gypsie, and more generally of any administrative or court authority competent particularly in the prevention or combating of money laundering. Notably, you agree to provide, on simple request, any useful evidence of address and/or identity.
In the absence of response to these requests, Gypsie may take any measure it deems appropriate, notably freezing of the sums paid and/or suspension of your Account and/or termination of these T&Cs.
5.4.2. Payment of the Cost Contribution to the Driver
After the Trip, the Passengers shall have a period of 24 hours after the end of the Trip to submit a claim on the Trip to Gypsie. In the absence of claim of the Passengers within this period, Gypsie shall consider the Trip confirmed.
From the time of this express or tacit confirmation, you shall have, as Driver, a credit payable on your Account. This credit corresponds to the total amount paid by the Passenger at the time of confirmation of the Booking reduced by the Service Fees, i.e. the Cost Contribution paid by the Passenger.
When the Trip is confirmed by the Passenger, you have the option, as a Driver, of giving instructions to Gypsie to pay the money to your bank account (by entering your bank details in advance in your Account) or your PayPal account (by entering your PayPal email address in advance in your Account).
The payment order in your name will be sent on the first working day after your request or, if you do not so request, the first working day after the provision of the sums in question to your profile (providing Gypsie has your bank information).
At the end of the applicable time limitation periods, any sum not claimed from Gypsie shall be deemed to belong to Gypsie.
You agree to use the Services and the Platform only to be put into contact, on a non-business and non-commercial basis, with people wishing to share a Trip with you.
As Driver, you agree not to request a Cost Contribution higher than the costs you actually incur and that may generate a profit, being specified that in the context of a cost sharing, you have to bear as a Driver your own part of the costs induced by the Trip. You are solely responsible for calculating the costs you incur for the Trip and for checking that the amount requested of your Passengers does not exceed the costs you actually incur (excluding your share of the costs).
Gypsie reserves the right to suspend your Account in the case where you use a chauffeur-driven or other business vehicle or taxi, or a company car, and due to this, generate a profit from the Platform. You agree to provide to Gypsie, on its simple request, a copy of your car registration certificate and/or any other document showing that you are authorised to use this vehicle on the Platform and are not drawing any profit therefrom.
Gypsie also reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of activity by you on the Platform which, owing to the nature of the Trips offered, their frequency, the number of Passengers carried and the Cost Contribution requested, entails a situation of profit for you, or for any reason suggesting to Gypsie that you are generating a profit on the Platform.
Only Trips with Booking are the subject of this cancellation policy; Gypsie does not offer any guarantee, of any nature, in the case of cancellation for any reason, by a Passenger or a Driver, of a Trip without Booking.
The cancellation of a Seat on a Trip with Booking by the Driver or the Passenger after Booking Confirmation is subject to the stipulations hereunder:
– In the case of cancellation owing to the Driver, the Passenger is refunded the whole of the sum paid (i.e. the Cost Contribution and the related Service Fees). This is notably the case when Driver cancels a Trip or has not arrived at the meeting point 15 minutes after the agreed time;
– In the case of cancellation owing to the Passenger:
When cancellation occurs before departure and owing to the Passenger, the Seat(s) cancelled by the Passenger shall be automatically made available to other Passengers, who may book them online and they are accordingly subject to the conditions of these T&Cs.
Gypsie appreciates, in its sole discretion, on the basis of the available information, the legitimacy of the reimbursement requests.
You have no right of withdrawal from the time of Booking Confirmation provided the Contract between you and Gypsie consisting of putting you in contact with another Member has been fully executed.
You recognise being solely responsible for respecting all laws, regulations and obligations applicable to your use of the Platform.
Furthermore, when using the Platform and during Trips, you undertake:
Furthermore, when you use the Platform as Driver, you undertake:
When you use the Platform as Passenger, you undertake:
In the event where you have made a Booking for one or more Seats on behalf of third parties, in compliance with the stipulations of Article 4.2.3 above, you guarantee respect by this third party for the stipulations of this article, and generally these T&Cs. Gypsie reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of breach by the third party on whose behalf you have booked a Seat under these T&Cs.
You can terminate your contractual relations with Gypsie at any time, without cost and without reason. To do this, simply go to the “Close my account” tab of your Profile page.
In the event of (i) breach by you of these T&Cs, including but limited to your obligations as Member mentioned in Articles 6 and 8 above, (ii) exceeding the limit set out in Article 4.3.3 above, or (iii) if Gypsie has genuine reason to believe that this is necessary to protect its security and its integrity, that of the Members or third parties, or for the purpose of prevention of fraud or investigations, Gypsie reserves the right to:
When this is necessary, you will be notified of the establishment of such measure in order to enable you to give explanations to Gypsie. Gypsie will decide, at its sole discretion, whether or not to lift the measures put in place.
Subject to the contents provided by its Members, Gypsie is the sole holder of all intellectual property rights relating to the Service, the Platform, its content (notably texts, images, designs, logos, videos, sounds, data, graphics) and to the software and databases ensuring their operation.
Gypsie grants you a non-exclusive, personal and non-transferable right to use the Platform and the Services, for your personal and private use, on a non-commercial basis and in compliance with the purposes of the Platform and the Services.
You are prohibited from any other use or exploitation of the Platform and Services, and their content, without the prior written permission of Gypsie. Notably, you are prohibited from:
In order to enable the provision of the Services, and in compliance with the purpose of the Platform, you grant Gypsie a non-exclusive licence to use the content and data you provide in the context of your use of the Services (hereinafter referred to as your “Member Content”). In order to enable Gypsie to distribute via the digital network and in accordance with any communication protocol (notably internet and mobile network), and to provide the content of the Platform to the public, you authorise Gypsie, for the whole world and throughout the duration of your contractual relations with Gypsie, to reproduce, represent, adapt and translate your Member Content as follows:
The Platform constitutes an online networking platform on which the Members can create and post Adverts for Trips for the purposes of carpooling. These Adverts can notably be viewed by the other Members to find out the terms of the Trip, and where applicable, to directly book a Seat in the vehicle in question with the Member having posted the Advert on the Platform.
In using the Platform and in accepting these T&Cs, you recognise that Gypsie is not party to any agreement entered into between you and the other Members with a view to sharing the costs relating to a Trip.
Gypsie has no control over the behaviour of its Members and the users of the Platform. It does not own, exploit, supply or manage the vehicles subject of the Adverts, and it does not offer any Trips on the Platform.
You recognise and accept that Gypsie does not control the validity, truthfulness or legality of the Adverts, Seats and Trips offered. In its capacity of carpooling intermediary, Gypsie does not provide any transport service and does not act in the capacity of carrier; the role of Gypsie is limited to facilitating access to the Platform.
The Members (Drivers or Passengers) act under their sole and full responsibility.
In its capacity of intermediary, Gypsie cannot be held liable for the effective occurrence of a Trip, and notably owing to:
Gypsie shall try as far as possible to maintain the Platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without notice, owing to technical maintenance, migration or update operations, or owing to outages or constraints linked to the operation of the network.
Furthermore, Gypsie reserves the right to modify or suspend all or part of access to the Platform or its functionalities, at its sole discretion, temporarily or permanently.
These T&Cs and the documents integrated by reference express the entire agreement between you and Gypsie relative to your use of the Services. Any other document, notably any mention on the Platform (FAQ, etc.), is for guideline purposes only.
Gypsie may modify these T&Cs in order to adapt to its technological and commercial environment, and to comply with the legislation in force. Any modification to these T&Cs will be published on the Platform with mention of the date of effect, and you will be notified by Gypsie before it takes effect.
These T&Cs are written in English and subject to New Zealand law.
In compliance with the rules applicable to mediation, you are bound, before any request for mediation, to have notified Gypsie in writing of any dispute in order to obtain an amicable solution.
The Platform is published by Pirates, limited company, registered with the Companies Register of New Zealand.
The Website is hosted on the Pirates servers.
For any question, you can contact Pirates using this email firstname.lastname@example.org
Version dated 24 December 2017