2. The service provided
2.1. The service
Passenger is a dynamic real-time carpooling application that enables you to connect with other people and carpool in real time.
2.2. The service
2.3. Third-party services
Under some circumstances, the service may be made available or accessed in conjunction with third-party services or content (services or content, including advertisements, from other companies or entities that Passenger does not control). Passenger does not endorse any such services or the use of them and shall under no circumstances be held liable for any event or damage attributable to such third-party services or the providers of these services. If you use any of these third-party services, you will be subject to other terms of service and privacy policies.
The application or service and all intellectual property and rights in or related to it shall under all circumstances remain the property of Passenger. The only rights granted in this agreement are those referenced under subsection 2.2.
3. Use of the service
3.3. User conduct and safety
By driving in conjunction with this application and service, you affirm that you have a government-issued driver’s licence, that your government-issued driver’s licence is not suspended or in any other way invalid, that your car is fit for driving (including but not limited to paid and valid car insurance in compliance with the laws of your country as well as completed inspection and clearance for driving by an authorized auto shop in compliance with the laws of your country). Additionally, you also affirm that you will not drive under the influence of any drugs and that your blood-alcohol level is under the legal limit for your country.
If the passenger is more that 2 (two) minutes late up the pickup point, the driver is free to cancel the ride. If the driver cancels the ride in accordance with this clause, the passenger will be charged a no-show fee of SEK 18.50.
If the driver does not arrive, the passenger does not have to pay for the ride. If the passenger has already paid for the ride, he or she will be refunded within 30 days.
If you are a driver, you are also responsible for keeping your car clean and free from any illegal items or substances.
By accepting a ride in conjunction with the application or service, you affirm that you are not under the influence of any drugs and that you will not disturb the driver in any way what so ever.
During the ride, both the driver and passenger shall treat each other with due respect.
Both drivers and passengers may decline a ride for any reason.
After a ride, drivers can rate their passengers, and passengers can rate their co-passengers on a scale from 1 to 5 stars. Please provide an explanation of your rating.
To maintain high driver quality, Passenger reserves the right to suspend or terminate any account with more than 30 votes and a rating lower than 4 stars
3.6. User data
3.7. Network access
To use the application, you need to be connected to the internet. You are responsible for using your phone’s mobile network to access the application and any additional fees your network provider may charge you for this. In addition, it is your responsibility to keep your phone and application up to date and Passenger does not guarantee that the application will function on any particular device.
4. Payments, Costs and Leaf points
4.1. Payment service in the application
The payment service provided in the application shall neither be used to pay for anything other than the carpooling service provided by the application nor for any amount other than the listed price.
Payment processing services for Drivers and Riders on Passenger are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Driver or Rider on Passenger, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Passenger enabling payment processing services through Stripe, you agree to provide Passenger accurate and complete information about you and your business, and you authorize Passenger to share it and transaction information related to your use of the payment processing services provided by Stripe.
4.2. Repairs and additional costs
If a car breaks down or incurs any form of damage during a trip (including normal wear and tear from use), Passenger shall not be held responsible or liable in any way. The driver (or the driver’s insurance) is solely responsible for such costs. The passenger’s payment for the ride is not meant to cover these costs. What is stated above also applies to any cleaning or other additional expenses.
4.3. Leaf points
Leaf Points is a bonus program developed by Passenger to incentivise carpooling. Leaf points can be redeemed for various services in the Passenger Rewards platform, including but not limited to carwashes, giftcards and other car-related services provided by our partners.
When using the application, you are able receive Leaf point for each kilometre you drive/ride. Passenger reserves the right to choose to not pay out Leaf Points/deals/services/giftcards to the user for any reason. Passenger is also free to change these terms regarding leaf points at any time.
4.4. Taxable Income
Please be advised that income earned from use of this application may be taxable income in your country and that special rules may apply if you commute to work and receive a tax deduction. Any potential needed tax declarations is the responsibility of the user. Passenger does not carry any responsibility in the regard as the transaction is between the individuals.
5. Disclaimers; limitation of liability; indemnity
THE APPLICATION OR SERVICE IS PROVIDED AS IS AND AS AVAILABLE. PASSENGER DISCLAIMS ALL WARRANTEES OR GUARANTEES AS TO THE APPLICATION, SERVICE AND ANY THIRD-PARTY SERVICES (INCLUDING BUT NOT LIMITED TO THE SAFETY, AVAILABILITY, ACCURACY, TIMELINESS OR QUALITY OF THE SERVICE OR APPLICATION). BY USING THE SERVICE, APPLICATION OR ANY THIRD-PARTY SERVICE, YOU AGREE THAT YOU ARE SOLLEY RESPONSIBLE FOR THE ENTIRE RISK ATTRIBUTABLE TO THE SERVICE OR ANY PRODUCT OR SERVICE RELATED TO OR REQUESTED IN CONNECTION WITH THE SERVICE TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.
THESE SAME LIMITATIONS APPLIES TO THIRD-PARTY APPLICATIONS OR SERVICES
5.2. Limitation of Liability
Passenger shall not be held responsible or liable for any damage (including psychological) or other loss (including monetary loss, personal injury, data loss or lost profit) incurred during the ride or in any other way related to the ride, application or service no matter the circumstances (including but not limited to robbery, blackmail, pickpocketing, accidents and similar events).
PASSENGER SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR LOSSES, AS WELL AS FOR ANY OTHER TYPE OF DAMAGE OR LOSSES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, MONETARY LOSS, DATA LOSS, PERSONAL INJURY (BODILY AND PSYCHOLOGICAL AND PROPERTY DAMAGE) RELATED TO, IN CONNECTION WITH OR THAT IN ANY WAY IS ATTRIBUTABLE TO THE APPLICATION OR SERVICE OR THEIR USE, EVEN IF PASSENGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BEING INCURRED.
Passenger does not warrant that any map, GPS location or other directional aid provided by Passenger in the application or service, or in conjunction with the application or service accurately describes the real world or provides the best, shortest, fastest or safest route (including but not limited to roads, work zones beside or on roads, traffic signs and signals, reroutes, height differences, flooding, strong winds, fallen trees or branches, traffic, accidents causing the traffic to move slower or other traffic or traffic disturbances).
YOU AGREE TO INDEMNIFY AND UNDER NO CIRCUMSTANCES HOLD PASSENGER OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, AGENTS, ATTORNEYS. LICENSEES OR LICENSERS LIABLE FOR ANY, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL DAMAGE OR LOSSES AS WELL AS FOR ANY OTHER TYPE OF DAMAGE OR LOSSES IN CONNECTION WITH (I) YOUR USE OF THE APPLICATION OR SERVICE (II) YOUR BREACH OR VIOLATION OF THE SERVICE (III) YOUR INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY INCLUDING THIRD-PARTY PROVIDERS (IIII) ANY INCIDENT RELATED TO OR ATTRIBUTABLE TO THE SERVICE.
If not otherwise expressly stated, this agreement shall be exclusively governed by the laws of Sweden. Any legal disputes resulting from this agreement shall be resolved in arbitration governed by Swedish law and the arbitration rules of the Arbitration Institute of the Stockholm Chamber of Commerce.
You are not permitted to disclose any information pertaining to mediation or arbitration (including but not limited to correspondence, settlements and case files).
7. Other provisions
7.1. Forbidden posts and social media
Users may post about their use or experience of the application and service on social media but only under non-commercial circumstances.
If you are not satisfied with the service, you may file a complaint to “Info@passenger.se” regardless whether you are a driver or passenger.
8. General provisions
You may not transfer your account to someone else under any circumstances. Additionally, no one else is permitted use your account. The only case where anyone else may travel using your account is as a secondary passenger, meaning you need to travel with them and be the primary passenger. As the primary passenger, you are responsible both for your conduct and that of your secondary passengers. Any breach of this agreement by secondary passengers will result in the same consequences as if you breached it yourself.
8.2. Amendments to the agreement
8.3. Termination of the agreement
Any breach of this agreement may result in temporary or permanent termination of your account. If you no longer wish to be bound by this agreement, you can terminate your account, uninstall the application and stop using the service or send an email to “firstname.lastname@example.org”
Some subsections of the agreement may remain applicable after your account has been terminated. For further information, consult the relevant subsection.