{"service":{"name":"BlaBlaCar","url":"https://blog.blablacar.in/about-us/terms-and-conditions","lang":"ENG","sector":"Transport","hq":"France","hq_category":"EU","is_public":"Private","is_paid":"Free","date":""},"document":{"title":"","text":"Terms and Conditions\nTerms and Conditions | Privacy Policy | Cookies Policy\n1. GENERAL CONDITION OF USE\n1.1 Scope and Definitions\nThese General Conditions of Use apply to all services provided by BlaBlaCar (defined herein below).\nBlaBlaCar owns and operates the Site (defined herein below) in India.\nDefined Terms\n“BlaBlaCar” means Comuto SA, a company with capital of €127,312,41, registered in France under\ncompany number RCS Paris 491904546, and hereafter referred to as Comuto. The registered office of\nComuto is at 84 avenue de la République, 75011 Paris, France.\n“Car Sharing” means the sharing of a Vehicle for a Trip by a Car Owner carrying a Co-Traveller for\nthat Trip in exchange for a Cost Contribution;\n“Conditions” mean these General Conditions of Use, including the Good Conduct Charter and\nPrivacy Policy of BlaBlaCar as notified on the Site.\n“Cost Contribution” means the amount agreed between the Car Owner and the Co-Traveler in\nrelation to the Trip which is payable by the Co-Traveler as their contribution towards the costs of the\nTrip.\n“Co-Traveller” or “Passenger” means a Member who has accepted an offer to be transported by a\nCar Owner and includes all other persons who accompany such Member in the Vehicle for the Trip.\n“Car Owner” or “Driver” means a Member who through the Site offers to share a car journey with a\nCo-Traveller in exchange for the Cost Contribution.\n“Member” refers to a registered user of the Site.\n“Service” refers to any service provided by BlaBlaCar through the Site to any Member.\n\n\n“Site” means www.blablacar.co.in, www.blablacar.co.uk, www.blablacar.es, www.blablacar.it,\nwww.blablacar.fr, www.blablacar.nl, www.blablacar.pt,www.blablacar.pl and any other website\nmaintained or operated by BlaBlaCar which offers similar services including any microsites or sub-\nsites offered through any such website (e.g. “Agenda” and “Campus”).\n“Trip” means a given journey in relation to which a Car Owner and a Co-Traveler have agreed upon\na transaction through the Site.\n“User Account” means an account with the Site opened by a Member and used in order to access\nthe Service provided by BlaBlaCar through the Site.\n“Vehicle” means the vehicle offered by a Car Owner for Car Sharing.\n1.2 Acceptance of Conditions\nThe Conditions apply to any and all use of the Site by a Member. By using the Site, the Members\nsignify their acceptance to these Conditions in full and agree to be bound by them .\nNo access to the Services will be permitted unless the Conditions are accepted in full. No Member is\nentitled to accept part only of the Conditions. If a Member does not agree to the Conditions, such\nMember may not use the Services.\nAll Members agree to comply with the Conditions and accept that their personal data may be\nprocessed in accordance with the Privacy Policy.\nIn the event that any Member fails to comply with any of the Conditions, BlaBlaCar reserves the\nright, but not the obligation at its own discretion, to withdraw the User Account in question and\nsuspend or withdraw all Services to that Member without notice.\nThese Conditions are intended to create binding rights and obligations between Members and\nBlaBlaCar in accordance with the Indian Contract Act, 1872.\n1.3 Variation of the Conditions, Site and Service\nBlaBlaCar reserves the right to modify the Conditions at any time. In addition, BlaBlaCar may vary\nor amend the Services provided through the Site, the Site functionality and/ or the “look and feel” of\nthe Site at any time without notice and without liability to Members.\nAny modification to the Site, Services or Conditions will take effect as soon as such changes are\npublished on the Site, subject to communication of any material change to the Conditions to the\nMembers in an e-mail.\nOffer a ride\n\n\nMembers will be deemed to have accepted any varied Conditions in the event that they use any\nServices offered through the Site following publication of the varied Conditions. Changes will not\napply to any bookings which have been made prior to publication of the varied Conditions.\n2. USE OF THE SERVICE\n2.1 User Account and Accuracy of Information\nIn order to use the Services each Member must create a User Account and agrees to provide any\npersonal information requested by BlaBlaCar. In particular, Members will be required to provide their\nfirst name, last name, age, title, valid telephone number and email address. Use of the Site is limited\nto those over the age of 18 years at the time of registration.\nMembers agree and accept that all of the information they provide to BlaBlaCar when setting up\ntheir User Account and at any other time shall be true, correct, complete and accurate in all respects.\nMembers also agree that any information supplied to BlaBlaCar or posted on the Site in connection\nwith any Trip, Vehicle or Car Sharing will be true, accurate and complete.\nMembers agree and understand that BlaBlaCar does not undertake any verification to confirm the\naccuracy of any information provided by the Members on the Site or to a Car Owner or Co-Traveler,\nas the case maybe. BlaBlaCar will not be liable to any Member in the event that any information\nprovided by another Member is false, incomplete, inaccurate, misleading or fraudulent.\nUnless expressly agreed by BlaBlaCar, Members are limited to one User Account per Member. No\nUser Account may be created on behalf of or in order to impersonate another person.\n2.2 No Commercial Activity and Status of BlaBlaCar\nThe Site and the Services are strictly limited to providing a Service for Car Owners and Co-Travelers\nto car share in a private capacity. The Services may not be used to offer or accept car sharing for\nhire or reward or for profit or in any commercial or professional context. The Services may be used\nonly to offer or accept car sharing in exchange for sharing the cost of the Trip between the Car\nOwner and the Co-Traveler.\nCar Owners agree not to obtain any hire or reward or make profit in any form, from any Trip. The\nService and the Cost Contribution may only be used to discharge the Car Owner’s costs and may\nnot be used to generate any hiring charges or reward or profit in any form for the Car Owner. The\nCar Owner is not entitled to make profit by virtue of the amount of the Cost Contribution, the types\nof Trips offered by a Car Owner, the frequency of such Trips or the number of Co-Travelers\nOffer a ride\n\n\ntransported. This applies to all activities, arrangements and Services booked using the Site and any\nadditional services or activities which may be agreed between Car Owner and Co-Traveler through\nthe Site.\nThe Car Owner must not provide any additional services to the Co-Traveler in exchange for hiring\ncharges or any reward or for profit or otherwise (and the Co-Traveler may not accept or ask for any\nsuch services) including (without limitation) package delivery, waiting time, additional drop offs and\npick-ups and collecting additional passengers (other than the Co-Traveler).\nAll Trips, collection points and destinations must be pre-agreed through the Site between the Car\nOwner and Co-Traveler. Car Owners may not collect any Co-Travelers from any location which has\nnot been pre-agreed with the Co-Traveler through the Site.\nMembers are reminded that using the Services and offering Trips for hire or reward or in a\ncommercial or professional capacity may invalidate a Car Owner’s insurance and invite adverse legal\nactions by the road transport authorities. BlaBlaCar shall not be in for any loss or damage incurred\nby a Member as a result of any or breach by a Member of these Conditions including where any\nCar Owner (in breach of these terms) offers Services through the Site in a professional or commercial\ncapacity (thereby potentially invalidating their insurance) and breach of any agreement between the\nCar Owner and the Co-Traveler. Any offering of Trips in violation of the Conditions shall be at the\nsole risk such Member and BlaBlaCar shall have no liability towards Members for such violations.\nStatus of BlaBlaCar\nNeither BlaBlaCar nor the Site provides any transport services. The Site is a communications platform\nfor Members to transact with one another. BlaBlaCar does not interfere with Trips, destinations or\ntimings. The agreement for car sharing is between the Car Owner and the Co-Traveler. BlaBlaCar is\nnot a party to any agreement or transaction between Members, nor is BlaBlaCar liable in respect of\nany matter arising which relates to a booking between Members. BlaBlaCar is not and will not act\nas an agent for any Member.\nAny breach of these Conditions will give rise to immediate suspension of such Member’s User\nAccount and they may be restricted from accessing any further Services.\n2.3 Types of Booking and Payment\nBlaBlaCar offers to its Members an online booking service (hereinafter, the “Booking Service”) with a\nview to facilitate the booking of seats by Passengers.\nOffer a ride\n\n\nBlaBlaCar reserves the right not to offer the Booking Service to a Trip o due to: (i) changes to\napplicable law, changes in the practice of regulatory authorities or changes in case law, (ii) changes\nto market practices or technology changes, (iii) changes of business considerations underlying the\nBooking Services, and (iv) other important and valid reasons\nBlaBlaCar reserves the right to limit the number and/or class of Members eligible to the Booking\nService for any Trip.\n2. How to book a Car-Sharing for a Trip: The Car Owner provides details of his or her Trip on the\nSite, specifying date and time for departure and destination points, the amount of the Cost\nContribution per seat and all other relevant travel conditions.\nThe Passenger books one or more seats in the car for that Trip from the Site exclusively by clicking\non the button « Book » (hereinafter, the “Booking”).\nBlaBlaCar will then send an email confirmation to each of the Driver and the Passenger confirming\nthe Booking (hereinafter, the “Booking Confirmation”). Once a Booking Confirmation has been sent,\nthe Booking is complete and a separate binding agreement for Car-Sharing relating to theTrip shall\nbe formed between the Car-Owner and Passenger.\nMembers accept that given the nature of the service Car Owners and Co-Travelers will have no\nrecourse to BlaBlaCar for any aspect of the transaction including in relation to cancellation, last\nminute changes, failure by the Car Owner or the Co-Traveler to turn up or non-payment of the Cost\nContribution. In particular it is the Car Owner’s responsibility to collect payment from the Co-Traveler\nat the time of the Trip.\nBlaBlaCar will not contact either party and will take no other steps whatsoever than those described\nabove to manage the booking. The operation of the Trip is solely managed by the respective Car\nOwner and Co-Traveler(s).\nPlease note that BlaBlaCar reserves the right to change any aspect of the Site or the Service which\nmay include adding new services (which may require payment) or withdrawing any existing Services.\nBlaBlaCar does not guarantee that the Site will be functional at all times and Services may be\nsuspended during such period when the Site is not in operation. BlaBlaCar will not be liable to any\nof the Members in case where the Site is non-operational.\n2.4 Car Owner and Co-Traveler Obligations\nCar Owner’s obligations\nThe Car Owner agrees:\nOffer a ride\n\n\nThat the Trip shall not be for any fraudulent, unlawful or criminal activity.\nThat they will procure for the Vehicle, a comprehensive insurance policy, which provides insurance\ncover to the occupants in the Vehicle and covers third party liability.\nThat they will present themselves on time and at the place agreed with the specified Vehicle;\nThat they will immediately inform all Co-Travelers of any change whatsoever to the Trip. If one or\nmore Co-Travelers have made a booking and the Car Owner decides to change any aspect of the\nTrip, the Car Owner undertakes to contact all Co-Travelers who have made a booking in relation to\nthat Trip and to obtain the agreement of all Co-Travelers to the change. If a Co-Traveler refuses the\nchange, they are entitled to a full refund and without any compensation being paid to the Car\nOwner.\nThe Car Owner must comply with the Good Conduct Charter at all times.\nThe Car Owner must wait for the Co-Traveler at the pickup point for at least 30 minutes after the\nagreed time (however, the Co-Traveler is expected to be punctual).\nCo-Traveler obligations\nThe Co-Traveler agrees:\nThat the Trip shall not be for any fraudulent, unlawful or criminal activity.\nThat they will present themselves on time and at the place agreed with the Car Owner;\nThat they will immediately inform the Car Owner or BlaBlaCar if they are required to cancel a Trip.\nThat they will comply with the Good Conduct Charter at all times.\nThe Co-Traveler agrees to wait at the pickup point for at least 30 minutes after the agreed time for\nthe Car Owner to arrive.\nThat they will pay the Cost Contribution to the Car Owner.\nIf the Co-Traveler or Car Owner fail to comply with any of these terms or any other Conditions\nBlaBlaCar reserves the right to keep information relating to the breach, to publish or disclose this\ninformation on the Member’s online profile and to suspend or withdraw the Member’s access to the\nSite.\nThat they shall ensure that all other persons who accompany the Co-Traveller in the Trip comply with\nthese Conditions as applicable to a Co-Traveller.\nOffer a ride\n\n\n2.5 Insurance\nThe Car Owner agrees and undertakes to take out and maintain a comprehensive insurance to\ncover third party liability, the occupants of the Vehicle and the Trip offered or booked through the\nSite. The Car Owner agrees that they will, on request, provide the Co-Traveler with evidence, in\nadvance of the Trip, of the complete validity of its insurance policy. The Car Owner also undertakes\nto hold a valid driving licence and that the Car Owner will own or will be entitled to use the Vehicle\nand that the Vehicle will have a valid PUC (Pollution Under Control) certificate and the Co-Traveler is\nentitled to request evidence of the Car Owner’s insurance, registration certificate (‘log book’), driving\nlicence and PUC certificate at any time up to completion of the Trip.\nIt is BlaBlaCar’s understanding that governmental authorities take the view that a Co-Traveler who\ncontributes only towards travel expenses is treated as travelling without hire or reward to the driver,\nand is therefore a third party passenger who is covered by comprehensive third party insurance\npolicy in India. However BlaBlaCar gives no warranty or assurance in this regard and it is the Car\nOwner’s responsibility to verify that their insurance provides adequate cover.\nIt is up to each Car Owner and Co-Traveler to confirm with each other that the Car Owner is\ncovered by valid insurance. The Car Owner must confirm that their insurance policy allows them to\ncarry Co-Travelers and that their insurance policy covers all Co-Travelers and any accident or\nincident which may occur during a Trip.\nThe Car Owner and the Co-Traveler are aware that standard non-commercial insurance policies\nmay refuse to cover loss or damage arising in the event that the Car Owner had made or was\nseeking to make a profit.\nThe Car Owner may collect no payment from the Co-Traveler other than the Cost Contribution and\nthe Car Owner must not in any event provide Vehicle on hire or for reward in any form.\nThe Car Owner therefore undertakes to calculate their expenses (fuel, toll, maintenance, repairs,\ndepreciation and insurance of their vehicle) and guarantees that the total Cost Contributions\nrequested from their Co-Travelers does not result in the Vehicle running for hire or for reward.\nIf the Car Owner does receive any hiring charges or reward, or if the insurers repudiate or refuse to\naccept any claim arising during a Trip for any other reason, the Car Owner will be responsible for\nthe financial consequences, losses and damages arising and BlaBlaCar will not be liable under any\ncircumstances to the Car Owner or the Co-Traveler.\nBlaBlaCar reserves the right, but not the obligation at its own discretion, to suspend immediately the\naccount of a user including the money displayed and to make aware to competent authorities any\nOffer a ride\n\n\nprofessional activity.\n2.6 Management of Disputes Between Members\nBlaBlaCar may at its sole discretion provide its Members with an online service for resolving disputes.\nThis service is non-binding. BlaBlaCar is under no obligation to seek to resolve disputes and this\nservice is offered at BlaBlaCar’s sole discretion and may be withdrawn at any time.\n2.7 Verification of IDs and Phone number\nBy accepting the terms and conditions contained herein, every Member or any person who wishes to\nregister as a Member hereby agrees and consents to the fact that BlaBlaCar may collect IDs /\ndocuments belonging to them including but not limited to passport, PAN card and Aadhaar card for\nthe purpose of verification of the information contained in such IDs / documents by third party\nservice providers.\nIn order to increase trustworthiness, prevent typos and wrong numbers, Member may verify their\nmobile number. The Member may do this by providing BlaBlaCar with their mobile phone number,\nafter which the Member will receive a SMS with a 4-digit code which can be validated on the Site.\nThis service is free of charge, except for the possible cost levied by a Member’s mobile phone\noperator for receiving the SMS.\n2.8 International Trips and International Bookings\nBookings may be made through the Site for international Trips. An International Trip means any Trip\nwhich includes any travel outside of India. If a booking is made for an International Trip Car Owners\nmust ensure that their insurance covers travel outside of India. The Car Owner must also ensure that\ntheir vehicle is compliant with all relevant rules and restrictions applicable in any overseas country.\n2.9 Messages between Members\nBlaBlaCar may review, scan, and moderate the messages the Members exchange with each others\nthrough the Site in particular for fraud prevention, customer support purposes, enforcement of the\ncontracts entered into with BlaBlaCar’s members (such as the Conditions) and ensure compliance\nwith applicable law. For example, in order to prevent the circumventing of its Booking Service,\nBlaBlaCar may scan and analyse messages sent through the platform to check that they do not\ninclude any contact details or references to other website.\nBy using the Site and accepting the T&C’s, the Member agrees that BlaBlaCar, in its sole discretion,\nmay review, analyse and moderate the messages exchanged through the Site.\nOffer a ride\n\n\nBy using the messaging feature of the Site, the Member undertakes not to write and/or send any\nmessage prohibited by applicable law. In particular the Member undertakes to refrain from\nwritting/sending any message which content:\nIn addition, the Member undertakes to send messages only with respect to the booking of Car-\nsharing and in line with the purposes of this Site. The Member undertakes to refrain from using the\nmessages for private or confidential communications.\nBlaBlaCar reserves the right to filter or delete the messages and suspend or terminate the User\nAccount of the Member and the access of the Member to the Site if it appears during the\nmoderation of the messages sent by the Member that s/he does not comply with the Conditions\nand/or applicable law.\n2.10 Contacting Members\n By accepting the terms and conditions contained herein, every Member hereby agrees and gives\nconsent to BlaBlaCar to communicate via phone calls, sms, email and such other means as\nBlaBlaCar may deem fit. Such communications to Members may be recorded through technical\nsupport provided by third parties for the purpose of training, quality and for regularly updating the\nMembers about the services of BlaBlaCar.\n3. DISCLAIMER OF LIABILITY\nbelongs to another person and to which the Member does not have any right to;\nis grossly harmful, harassing, blasphemous defamatory, obscene, pornographic ;\nharms minors in any way;\ninfringes any patent, trademark, copyright or other proprietary rights;\nviolates any law for the time being in force;\ndeceives or misleads the addressee about the origin of such messages or communicates any\ninformation which is grossly offensive or menacing in nature;\nimpersonates another person;\ncontains software viruses that limit the functionality of any computer resource; and\nthreatens the unity, integrity, defense, security or sovereignty of India, friendly relations with\nforeign states, or public order or causes incitement to the commission of any cognizable offence\nor prevents investigation of any offence or is insulting any other nation.\nOffer a ride\n\n\n3.1 Members may access the Services on the Site at their own risk and using their best and prudent\njudgment before entering into any arrangements with other Members through the Site. BlaBlaCar will\nneither be liable nor responsible for any actions or inactions of Members nor any breach of\nconditions, representations or warranties by the Members. BlaBlaCar hereby expressly disclaims and\nany and all responsibility and liability in arising out of the use of the Site.\n3.2 BlaBlaCar expressly disclaims any warranties or representations (express or implied) in respect of\nTrips, accuracy, reliability and completeness of information provided by Members, or the content\n(including details of the Trip and Cost Contribution) on the Site. While BlaBlaCar will take\nprecautions to avoid inaccuracies in content of the Site, all content and information, are provided on\nan as is where is basis, without warranty of any kind. BlaBlaCar does not implicitly or explicitly\nsupport or endorse any of the Members availing Services from the Site.\n3.3 BlaBlaCar is not a party to any agreement between a Car Owner and Co-Traveler and will not\nbe liable to either the Car Owner or the Co-Traveler unless the loss or damage incurred arises due\nto BlaBlaCar’s negligence.\n3.4 BlaBlaCar shall not be liable for any loss or damage arising as a result of:\nA false, misleading, inaccurate or incomplete information being provided by a Member;\nThe cancellation of a Trip by a Car Owner or Co-Traveler;\nAny failure to make payment of a Cost Contribution (for the free service without booking);\nAny fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a\nCar Owner or Co-Traveler before, during or after a Trip.\nBlaBlaCar will not be liable to any Member for any business, financial or economic loss or for any\nconsequential or indirect loss such as lost reputation, lost bargain, lost profit, lost of anticipated\nsavings or lost opportunity arising as a result of the services provided by BlaBlaCar (whether\nsuffered or incurred as a result of the BlaBlaCar’s negligence or otherwise) except in the case of\nfraud, wilful concealment or theft.\nBlaBlaCar’s liability to any Member for all losses in respect of any Trip is capped at the sum of INR\n1,000/- (Indian Rupees One Thousand only).\nBlaBlaCar will not be liable to any Member in relation to any Trip unless BlaBlaCar is notified of a\nclaim relating to that Trip within 3 months of completion of the Trip\nGiven that Car Owners are required to hold valid insurance to cover a Trip and given that\nBlaBlaCar’s service is limited to putting Car Owners and Co-Travelers in touch with each other and\nOffer a ride\n\n\ncannot oversee any Trip, Members accept that the limitations on the BlaBlaCar’s liability set out\nabove are reasonable.\n4. INDEMNITY AND RELEASE\n4.1 Members will indemnify and hold harmless BlaBlaCar, its subsidiaries, affiliates and their\nrespective officers, directors, agents and employees, from any claim or demand, or actions including\nreasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your\nbreach of these Conditions or any document incorporated by reference, or your violation of any law,\nrules, regulations or the rights of a third party.\n4.2 Members release BlaBlaCar and/or its affiliates and/or any of its officers and representatives\nfrom any cost, damage, liability or other consequence of any of the actions/inactions of the\nMembers and specifically waiver any claims or demands that they may have in this behalf under\nany statute, contract or otherwise.\n5. GENERAL TERMS\n5.1 Relationship\nNo arrangement between the Members and BlaBlaCar shall constitute or be deemed to constitute\nan agency, partnership, joint venture or the like between the Members and BlaBlaCar.\n5.2 Suspension or Withdrawal of Site Access\nIn the event of non-compliance on your part with all or some of the Conditions, you acknowledge\nand accept that BlaBlaCar can at any time, without prior notification, interrupt or suspend,\ntemporarily or permanently, all or part of the service or your access to the Site (including in particular\nyour User Account).\n5.3 Intellectual Property\nThe format and content included on the Site, such as text, graphics, logos, button icons, images,\naudio clips, digital downloads, data compilations, and software, is the property of BlaBlaCar, its\naffiliates or its content suppliers and is protected by India and international copyright, authors’ rights\nand database right laws.\nAll rights are reserved in relation to any registered and unregistered trademarks (whether owned or\nlicensed to BlaBlaCar) which appear on the Site.\nOffer a ride\n\n\nThe Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or\notherwise exploited for any commercial purpose without the express written consent of BlaBlaCar.\nNo person is entitled to systematically extract and/or re-utilise parts of the contents of the Site\nwithout the express written consent of BlaBlaCar. In particular, the use of data mining, robots, or\nsimilar data gathering and extraction tools to extract (whether once or many times) for re-utilisation\nof any substantial parts of this Site is strictly prohibited.\n5.4 Content of the Site Provided by the Members\nBy displaying content on this Site, Members expressly grant a license to BlaBlaCar to display the\ncontent and to use it for any of our other business purposes.\nMembers of this Site are expressly asked not to publish any defamatory, misleading or offensive\ncontent or any content which infringes any other persons intellectual property rights (e.g. copyright).\nAny such content which is contrary to BlaBlaCar’s policy and BlaBlaCar does not accept liability in\nrespect of such content, and the Member responsible will be personally liable for any damages or\nother liability arising and agrees to indemnify BlaBlaCar in relation to any liability it may suffer as a\nresult of any such content. However as soon as BlaBlaCar becomes aware of infringing content,\nBlaBlaCar shall do everything it can to remove such content from the Site as soon as possible.\n5.5 Partner Sites\nBlaBlaCar reserves the right to reproduce any information that appears on the Site or on the partner\nsites.\nIn particular, ads published on one of the sites maintained or co-maintained by BlaBlaCar may be\nreproduced on other sites maintained or co-maintained by BlaBlaCar or third parties.\n6. LAW AND JURISDICTION\nThese terms shall be governed by the law of India and any disputes arising in relation to these terms\nshall be subject to the jurisdiction of the Courts of New Delhi.\n\n\n\nOffer a ride\n\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":1,"explanation":"When a company does not reserve a right to delete content put in the service by the user"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}