General Terms and Conditions

General Terms and Conditions

 

1. General

The sole proprietorship Mimopass Sabalic (hereinafter referred to as “Mimopass”, “platform") has created a platform on which the service seeking senders can advertise their items that need to be transported in order to find potential transporters and to select the best ones to transport the item. The transporters are the travelers who travel to the agreed and/or intended locations and during the agreed and/or scheduled times. In order to increase the utilization of the travel route, the transporters transport the package(s) of the sender according to the written request for transport and any further agreement with the sender. This platform is available on the web site www.mimopass.com and Mimopass does not require any counter service or payment for the use of the platform. However, Mimopass is entitled to change these terms in the future and to demand payments or counter service(s) for the use of the platform. Users of the platform will be notified of any change in the utilization of all services offered (hereinafter referred to as "services", “Service”) within a reasonable period of time.

The General Terms and Conditions (hereinafter referred to as "Terms and Conditions”) govern access to and use of the platform and constitute the entire agreement between you and Mimopass regarding your use of the services. Please read them carefully. You understand and accept that Mimopass is not involved in any contract, agreement or contractual relationship of any kind between the registered and/or unregistered users and/or third parties and Mimopass assumes no responsibility.

Between registered and/or unregistered users and/or third parties and/or Mimopass, there are not and will not be employee-employer relationship, authorization relations, agency relations or partnership relations, no matter for what reason. By registering, you confirm that you have read and fully accepted these Terms and Conditions.

2. Definitions

In this document, the following words mean:

“Mimopass” has the meaning set out in paragraph 1.

"Platform" shall have the meaning set out in paragraph 1.

"Services" are all services offered through the Mimopass platform.

“Website” is the website available at www.mimopass.com.

"Registered User" means a person who has created an account on the platform and has read and accepted the Terms and Conditions.

"Unregistered User" (for example, the receiver) is a person who has not created an account on the platform, but who is associated with transportation of the package and acts with other registered users and has read and accepted the Terms and Conditions.

"Services" are services of the platform that enable the package to be sent. This includes, for example, the preparation and publication of the request for transport, the submission of transport offers, the selection of transporters, the transport reservation and the agreement with the selected transporter. Furthermore, the services should enable interaction between registered users and promote networking between favorite users in order to carry out transports.

"Sender" is a registered user, who creates a request for transport; he is looking for a paid service to transport his package to an agreed place and time. The sender selects the best transport offer for him.

"Transporter" is a registered user who offers fee-based delivery service through the platform on the sender’s request for transport.

"Receiver" is a registered or unregistered user who receives the sender’s package from the transporter.

„Parties involved” are persons who act together and/or are related to each other. These are at least two people who are related to each other due to a request for transport, a transport offer, a transport reservation and/or an agreement regarding the transport of the package.

"Package" is/are the item(s) that the sender has described in a request for transport and offered for transport.

“Request for Transport” is an advertisement published by the sender on the platform for the transport of the package, between two specific locations, in a certain time. Request for Transport is created by clicking on the “Send package” button displayed on the website.

"Favorite User" means a registered user whom the sender has designated as "Favorite User/Transporter" after a transport and the transporter, in return, has confirmed that sender as "Favorite User/Sender”. Sender can contact favorite user/transporter at any time through Mimopass chat.

“Transport Offer” is the offer of the transporter for a delivery service subject to a charge (in Euro or Swiss Franc currency) and this offer is based on the request for transport written by the sender.

"Transport Reservation" is the transport agreement between the sender and the transporter. It serves to set all details related to the package transport: locations (pick-up/delivery point) time (pick-up and delivery date and time) and the cost agreements between parties involved. Transport reservation occurs when the sender selects and confirms the transporter.

3. Conditions for registration on the platform/Registered User/Verification

3.1. Only persons of legal age (18 years or older) may register on the platform and oblige to the following:

- that any information you provide is and remains true, accurate, current and complete

- that you are allowed to legally enter into a binding contract

- that your access to and use of the services does not violate any laws or regulations or obligations you have with respect to Mimopass, third parties and registered and/or unregistered users. Mimopass cannot guarantee the truthfulness, reliability or validity of the information.

3.2. The platform allows registered users to use the services. If you are an unregistered user, you will not be able to use the services.

To create an account, fill in all required fields in the registration form. Confirm your email by clicking on the link that Mimopass sent you. Before the registration, you have to read and accept these Terms and Conditions and the Privacy Policy. All registered users can switch between and act as the following 3 roles: sender, transporter and receiver. However, you cannot be the sender, transporter or receiver of your own package at the same time.

If you lose or disclose your password, you are responsible for any misuse of your data and the consequences of using your account.

You agree that you have not created and/or used any secondary accounts under your name or the name of a third party.

4. Use of the Services

Mimopass reserves the right, at any time and without notice, to remove or block, at its sole discretion, the request for transport and/or your profile that do not comply with the Terms and Conditions, and could harm platforms’ reputation. You acknowledge that you have understood that there will not be employee-employer relationship, authorization relations, agency relations or partnership relations between the registered and/or unregistered users and/or Mimopass and/or third parties, for any reason whatsoever.

4.1 Create a request for transport

As a registered user, you can create and publish request for transport on our platform by providing information about the planned transport and the package (transport date, transport time, pick-up and delivery location, short description of what you want to ship, etc.). Request for transport is published on the platform until and including the delivery date, or until a sender selects a transporter.

4.1.1. By publishing your request for transport and the transport reservation, you confirm that you have read and understood:

- that the package from the request for transport only contains legal items and is therefore not illegal. You acknowledge that the possession of the package under applicable law(s) is not a criminal offense for you, the transporter, the receiver, or any third party

- that you have informed yourself, in advance, regarding any applicable law(s) and that you will comply with these applicable laws, regulations and rules (such as what you may or may not ship)

- that you as the sender have all the necessary permits for sending and transporting the package

- that under applicable law or contract you have the right to ship the package

- that the transport agreement, you’ve entered into, with the selected transporter is only between you and the selected transporter. Mimopass is not involved in any way in this agreement and/or contract. Mimopass is not part of any contractual relationship between the parties involved. Mimopass’ liability is completely excluded

-that any information published in the transport reservation, in the request for transport or transport offer (such as pick-up/delivery time, date and location, package description and photo and other information) does not have to correct and can be subjected to change if the sender, transporter and/or receiver arrange so between themselves. Mimopass is not responsible for any misleading information, any deviation in the published information, any changes and can not be held responsible from any party involved

- if the package content (all items to be transported) deviates from the request for transport, when the package is collected, the transporter has the right to refuse to collect and transport the package. Mimopass is not responsible for the cancellation and/or losses and/or financial damages caused by it

- If the package you have given to a carrier contains illegal items and is subject to a criminal offence, Mimopass’ liability is completely excluded.

4.1.2 Offer transport services

When you as well want to participate as a transporter on the platform, you must provide the following information:

- Information about your means of travel/transport

- whether you offer door-to-door transport.

You can only bid your transport once on each request for transport. You can contact the sender after you make a transport offer. 

If you are a transporter and submit a transport offer, you confirm that you have read and understood:

- that you declare and guarantee the accuracy and truthfulness of all information about your means of transport/travel, and oblige to carry out the package according to the request for transport and according to the conditions agreed with the sender

- that if the content of the package contains illegal or prohibited items and you agree to transport them, the possession of the package could be subjected to a criminal offense under applicable law

- that you are responsible for checking the contents of the package and that when you collect it from the sender, you have collected it on your own responsibility. For any implications that the package might cause you, Mimopass’ liability is excluded

- that you have informed yourself of the applicable laws, regulations and rules (such as what you are allowed to transport and what you are not allowed to transport) and that you will comply with them

- that you as a transporter have all the necessary permits for the shipment and transport of the package

- that the transport of the package is an agreement between you and the sender and/or receiver and Mimopass is not in a contractual relationship or agreement of any kind with any of the above mentioned parties involved. Mimopass’ liability is completely excluded

-that any information published in the transport reservation, in the request for transport or transport offer (such as pick-up/delivery time, date and location, package description and photo and other information) does not have to correct and can be subjected to change if the sender, transporter and/or receiver arrange so between themselves. Mimopass is not responsible for any misleading information, any deviation in the published information, any changes and can not be held responsible from any party involved

- You have the right to refuse the transport when picking up the package if you have discovered deviations or illegal/prohibited items. Do not enter into any transport that could harm you in any way

-that you are solely responsible for all costs associated with the transport and you will not ask Mimopass to contribute to the costs incurred.

4.2. Selecting the best transporter and transport reservation

The sender chooses the transporter according to his own criteria/preferences and Mimopass has no influence on the selection. The lowest price offered by a potential transporter will be stated under each request for transport. The sender must choose the transporter latest on the delivery day to complete the transport reservation. Otherwise, the transport request will expire and the parties involved will not incur any costs (to date).

5. Financial conditions

5.1 Cost sharing

Mimopass assumes no responsibility for the agreement between the sender and the transporter.

The transporter and the sender alone set and agree on the terms of payment for the fee-based transport of the package. Mimopass assumes no responsibility for the terms of payment and does not enter into any payment agreement or processing of the payment.

6. Conduct and obligations of registered users on the platform

6.1. You hereby acknowledge that:

- you comply with these Terms and Conditions and Privacy Policy regulations

- the Terms and Conditions take precedence over all oral or written agreements between registered and/or unregistered users and/or third parties when it comes the relations between them and the services offered by Mimopass

- that you are responsible for complying with all applicable laws affecting you

- that you as a sender and/or transporter have all the necessary permits for sending and transporting the package

- that you are responsible for obeying and respecting the rules and obligations that apply to the use of the platform

- that you will not assign or transfer your rights and obligations; even the attempt to assign or transfer your rights and obligations is not allowed

You assume full responsibility for any possible utilization and its direct or indirect consequences that arise due to your use of the services offered by Mimopass.

You accept that Mimopass is not responsible for any disputes, financial damages, criminal and civil consequences and related costs arising from any possible utilization of the services offered by Mimopass for and between the registered and/or unregistered users and/or third parties.

You agree that you have not created and/or used any secondary accounts under your name or the name of a third party.

You agree that all of your oral and written utterances and your conduct and actions are morally and ethically correct and do not cause any psychological, mental, physical or otherwise negative and undesirable pain and consequences.

Manipulation of any kind against registered and/or unregistered users and/or third parties or Mimopass, which could have criminal or civil consequences, is also prohibited. Furthermore, the spreading of untruths, reputation-damaging information and the expression of malicious intentions and information are prohibited.

Contacts that do not serve the purpose of transporting goods are not permitted.

Cancellations, damages and losses during the use of offered services of the platform are made in accordance with the agreement between the parties involved. Transport of the package, cancellations, damages and losses are the responsibility of the parties involved; Mimopass is not responsible for the above related matter, even as a result of transport failures, or if the transport does not meet your expectations and agreed conditions, or the conduct of one of the parties involved and/or on their behalf does not meet your expectations. Mimopass will not participate in the dispute if and when a dispute arises between the parties involved.

If it turns out that there is a reporting and/or tax liability for requests for transport and/or transport offers, every registered user, every unregistered user and every third party is responsible for reporting his actions and to bear and pay the taxes/obligations and financial burdens incurred for him. You undertake to comply with any competent administrative or judicial authority, in particular with regard to the prevention or combating of money laundering.

6.2 Obligations of the transporter

By using this platform as a transporter, you also agree to:

- to comply with the terms and conditions set out in clause 4.1.2. "Offer transport services”

- the responsibility for the means of travel/transport offered on the platform is by the transporter and the transporter guarantees that he is allowed to use the means of travel/transport lawfully

- only offer your services to requests for transport that you can comply with and carry out

- that you will provide when Mimopass or the sender/receiver request your driver’s license, ID card, and any other documents proving your journey as a transporter on the platform

- that you comply with the request for transport and conditions agreed with the sender

- that you always collect the package on your own responsibility

- that you do not offer non-compliant, invalid and/or incorrect transport offers and do not make any non-compliant, invalid and/or incorrect arrangements for transport to manipulate other registered users, to cheat and cause them harm and loss of any kind

- in the event of a delay or change in transport or in the event of a transport cancellation by the transporter and/or the associated losses and/or financial damage, the sender must be informed by the transporter as soon as possible. Mimopass does not carry any responsibility for this and all following agreements between the parties involved are exclusively between these parties involved. Mimopass does not assume the role of a conciliation authority between the parties involved

-in the case of cancellation, delay or change of the shipment by the sender and/or the associated losses and/or financial damages, Mimopass will not be held responsible and is not responsible for this, and all following agreements between the parties involved are exclusively between these parties involved. Mimopass does not assume the role of a conciliation authority between the parties involved

- when transporting across national borders, all permissions and documents must be ready to be presented at all times. You confirm that you are acquainted with all laws governing such transport and therefore you assume full responsibility for the contract with the sender

- that you as a transporter have all the necessary permits for shipping and transporting the package.

6.3 Obligations of the sender

By using this platform as a sender, you also agree to:

- accept the conditions set out in clause 4.1. Create a request for transport", clause 4.1.1 and clause 4.2.

-that you will not ship prohibited or illegal items and regarding that you will not try to deceive the transporter and leave him in ignorance

- that you as the sender have all the necessary permits for sending and transporting the package

- at any time requested by Mimopass or the transporter to show your identity card or document proving your identity

- inform the transporter immediately in the event of delay, change or cancellation of transport

- that you do not create non-compliant, invalid and/or incorrect requests for transport in order to manipulate, defraud and inflict damage and loss of any kind on other registered users

-in the event of cancellation by the sender, failure to carry out the transport by the selected transporter and/or with that associated losses and/or financial damages, Mimopass bears no responsibility and all following agreements between the parties involved are made exclusively between these parties involved. If you wish to find a new transporter, you must create a new transport request.

7. Deleting the account, access restriction and termination of the contractual relationship

You can terminate the contractual relationship with Mimopass at any time free of charge and without providing reasons for it. On your profile page select the "Delete account".

All services may be used in accordance with the Terms and Conditions. Mimopass reserves the right to suspend, refuse or cancel the services at its sole discretion in the event of a breach of these Terms and Conditions and suspected fraud or for investigative purposes. Mimopass reserves the right to terminate the contractual relationship with you immediately and without special notice and to block your account temporarily or permanently. Such action will be communicated to you before the implementation. Mimopass can decide alone whether the measures are to be enforced or suspended.

Mimopass reserves the right not to be held responsible for any damage caused by changes, suspension or cancellations of the services.

Mimopass offers customer support in German, English, Croatian, Bosnian and Serbian (only in Latin alphabet).

8. Supervision and regulation

In the event of any dispute between registered and/or unregistered users and/or third parties, Mimopass is not responsible for resolving the dispute. The activities of Mimopass and its services are not subject to supervision or regulation from this date.

9. Personal data

By using the Platform, you confirm and accept that Mimopass collects and processes your personal data in accordance with the applicable laws and regulations of the Privacy Policy.

10. Intellectual property

10.1 When Mimopass publishes content

Mimopass is the sole owner of the intellectual property rights of all services, content, platforms, software and bases. Mimopass gives you the right to use the platform and services for your personal purposes. Any other use of the platform and the services and their content, without the prior written permission of Mimopass, is prohibited to you. In particular, you are prohibited from:

- performing reverse engineering of all parts of the platform

- copying the platform and the services, and publishing content accessible only to registered users, unless this is expressly authorized by Mimopass

- extracting the data from the platform.

10.2 Content you post on the Platform

You agree to assign your data and content for the provision of Mimopass’ services worldwide and for the entire duration of your contract with Mimopass. Mimopass is allowed to store and use your data in any way and on any recording medium. Furthermore, Mimopass may distribute and adapt your data worldwide through communication protocols, and translate and/or use your content, and access all known and future digital media to make the platform available to the public and to provide its services in different languages. Changes to the formatting of your content may be made in order to make it compatible with the platform when it is published and/or to adapt it graphically to the platform. Your moral rights remain granted.

11. Mimopass’ mission

As described in clause 1 "General", Mimopass is an internet networking platform through which service seekers can advertise/search for the transport of items and to find potential transporters. Mimopass has no control over the behavior of its registered users. Mimopass does not own or operate any means of travel/transport on the platform, and does not offer its own means of travel/transport, does not offer transport services and does not act as a transporter on the platform. Its role is only limited to providing access to the platform.

You understand and accept that Mimopass is not involved in any contract, agreement or contractual relationship of any kind between the registered and/or unregistered users and/or third parties and assumes no responsibility for this. You understand and accept that between the registered and/or unregistered users and/or third parties and/or Mimopass, are not and will not be employee-employer relationship, authorization relations, agency relations or partnership relations, no matter for what reason. Nothing creates an affiliate, transaction, joint venture, or partnership with Mimopass for you, and you may not act on behalf of the company.

You understand and accept that Mimopass cannot control whether the published requests for transport and the offered locations and means of travel/transport contain true and valid information. Registered and unregistered users (transporter, sender, receiver) are personally and solely responsible for their actions and the consequences of their actions, as described in these Terms and Conditions.

Mimopass cannot be held responsible for the actual execution of the transport, in particular in the following cases:

- if illegal or by law prohibited items are given to the transporter for transport within the country boarders and/or for cross-country transport

- if untrue information is provided by the sender in his profile, in his request for transport, in the transport reservation and in the written and/or oral agreements with the transporter

- if transporter’s profile contains untrue information or untrue information is in the transport offer, or if there are any other incorrect information about transport and/or if written and oral agreements are made with the sender, which cause damage and/or loss of any kind to the sender

- transport cancellation or changes made by a registered and/or unregistered user

- if parties involved don’t pay or comply to the agreed prices and conditions for the transport(s)

12. Availability and operation of the platform

As far as possible, the platform will offer its services 24 hours a day, 7 days a week. Mimopass reserves the right to restrict or suspend access to the platform in case of the work is performed (maintenance, data updates, power outages, network-related restrictions, etc.) without any notice.

13. Changes to the Term and Conditions

Mimopass may change its Terms and Conditions for commercial or technical reasons and to comply with the laws. The validity of the new Terms and Conditions is indicated by date and communicated in advance on the platform.

14. Applicable law - Disputes

These Terms and Conditions are written in English, German, Croatian, Serbian and Albanian and are subject to Swiss law.

In the event of a dispute and/or complaints against Mimopass, its platform and/or its services, an amicable solution shall be sought. In order to comply with the applicable rules for arbitration, all objections must be made in writing. Below, the written objection can be made via the following online dispute resolution platform ec.europa.eu/consumers/odr

15. Miscellaneous

You agree that Mimopass is allowed to use your contact information should we need to contact you. We can contact you on your mailing address, e-mail or by a telephone call.

16. Legal information

This platform belongs to the company Mimopass Sabalic based in Hauptstrasse 19, 8632 Tann, Switzerland and is represented by the CEO Dinka Sabalic.

For all questions, please send an e-mail to

Valid version from 05.09.2023.