Terms and Conditions
Naylam Technologies Terms and Conditions
Naylam Technologies LLC, (BLDG 1900 ROAD 5539, QALALI, 255, Kingdom of Bahrain) enables its Users to book luxury automobile travel services via its mobile application and website, (hereafter referred to as “NAYLAM”). The service of NAYLAM is comprised of the arrangement of an entitlement to ride for a User over a transportation service provider (“TSP”) as an intermediate, and not in the provision of the travel service itself.
These Terms and Conditions are part of every agreement between Users with the arrangement of a travel service by NAYLAM. They also describe in detail the travel services which are offered through the direct entitlement created by NAYLAM between the User and the TSP.
2. Contractual Relationship and Conclusion of Contract
2.1 Contractual Relationship
Naylam Technologies entitles a user to carriage/transportation via TSP independent of NAYLAM.
Therefore, NAYLAM makes the necessary arrangements with the TSP, which provides the User with an entitlement to carriage over the TSP (“Third-Party Beneficiary”, also called “Contract of Carriage for the Benefit of the User“).
The User uses NAYLAM only as an intermediate arranger and not as a transport service. The compensation claim of NAYLAM is made up of arrangement fees.
By selecting a trip via NAYLAM (“Trip Selection” of the User) User assures the conclusion of an arrangement agreement. The object of this agreement is the arrangement of the trip selected by the User.
NAYLAM then sends the User two separate emails, Booking Confirmation and the receipt of the trip selected for the travel service to be arranged. The agreement comes into effect only through the Booking Confirmation email.
3. User Registration Requirements for the Use of NAYLAM
It is the User’s responsibility to ensure that all information provided is accurate. Registration using automated methods is prohibited and will be flagged.
4. Selected Topics of the Contract of Carriage for the Benefit of the User
Paragraph for covers trip types and arrangements with NAYLAM.
The following conditions apply to the NAYLAM-arranged entitlement to carriage/ride of the User directly via the TSP:
4.1 Trip Types (City-to-City / Airport Pick-Up or Drop-Off)
The User can choose between City-to-City and Airport Pick-Up or Drop-Off for their Trip Selection.
For City-to-City trips, the price quoted is valid for a start point and destination in two different cities in correspondence to the specific trip chosen by User. Stopovers are permissible with no additional fees.
For Airport Pick-Up or Drop-Off bookings, the price quoted is valid for airport pick-up and drop-off either within a single city or with the start point and destination point being in two different cities.
4.2 Vehicle Class / Vehicle Model, Upgrade
The User can choose from different vehicle classes (” First Class”, “Business Class” ,“Luxury Van/SUV”, or “Standard Van”) for their rides depending on the availability.
4.3 Transport Safety, Consequences
The price given in the Booking Confirmation includes the number of pieces of luggage specified on the booking form. Excess luggage over the capacity of the vehicle is solely the User/Passenger responsibility if vehicle capacity is not sufficient to carry all the luggage.
The TSP reserves the right to refuse the carriage of luggage that was not agreed to. The need for safety seats for children should be requested by the User as an additional comment by specifying the number and age of children to be transported as well as the required type of seating.
4.3.2 Information on Number of Guests and Pieces of Luggage
The maximum number of guests and pieces of luggage specified for a vehicle is an estimate based on factors such as size and weight of guest and luggage, hence the TSP can refuse the carriage of guests or luggage if they believe they compromise the space and safety conditions.
4.3.3 Prevention of Carriage
The TSP reserves the right to refuse carriage that may not be law abiding.If, due to this, carriage is not possible, this has no influence on the payment to Naylam Technologies through the arrangement agreement with the User for the transportation booked.
Animals are strictly prohibited, and if the User fails to communicate that and carriage is not possible, this also has no influence on the payment to Naylam Technologies through the arrangement with the User for the transportation booked.
Exceptional situations such as heavy traffic, extreme weather conditions, etc. can be compensated only to a limited extent, hence longer waiting periods or last-minute cancellations must be accepted by Users.
4.5 Cancellations, Changes to Booking, and No-Shows
Transfer Services (All Trip types)
For transfer services, cancellation is free of charge if there is more than one hour and a half (90 minutes) left before the agreed pickup time. If there is 90 minutes or less before the agreed pickup time, the total price must be paid. A cancellation can only be done by using the cancel feature on the NAYLAM app.
4.5.2 Changes to Booking
Changes to bookings aren’t possible, the reservation of a new bookings of a more suitable trip may be the User’s option. The policy for dealing with cancellations (see Paragraph 4.5.1 above) therefore apply to the ride originally agreed upon.
4.5.3 No-Shows without cancellation, Delay to the User
In case of a no-show without cancellation, the User loses their entitlement to carriage over the TSP, however this does not affect the compensation claim of NAYLAM towards the User.
For airport pickups the ride is considered a no-show when the passenger, has not shown up without cancellation within 60 minutes after the agreed pickup time at the agreed pickup location. If a customer does not show up, the ride must be paid for in full, whereas surcharges for waiting time do not apply.
For all other trip types, the ride is considered a no-show when the passenger has not shown up without cancellation within 20minutes after the agreed pickup time at the agreed pickup location.
4.6. Behavior in the Vehicle
The following behavioral standards apply to the User/Passenger when traveling with the TSP:
During the entirety of the ride, all guests must follow the traffic regulations of the corresponding country, specially the seatbelt regulations. Any instructions given by the TSP must be followed. It is the responsibility of the TSP to ensure a safe ride. It is therefore prohibited for guests to open the doors while driving, throw any objects from the vehicle, and/or stick body parts out of or shout from the vehicle. If the User wishes to use any of the devices or facilities in the vehicle, a brief instruction is required from the TSP.
Smoking is prohibited in the vehicle. If the User, or guest, ignores this, they are liable to pay not only the cost for the cleaning of the vehicle but also compensate the loss of business due to the downtime of the vehicle.
5. Compensation and Payment
The compensation claim of NAYLAM is specified in the Booking Confirmation and key factors for its amount are the chosen vehicle class, distance, trip type, and pickup and drop-off location.
5.2 Ride Changes
after the conclusion of the arrangement agreement the below ride changes are acceptable as accessible on the system.
Available trips are shown on a schedule for a User to select a suitable trip.Trip timings cannot be modified by the User after booking, this would need to be done in a new booking reservation at the User’s responsibility. System will not allow you to change Start Point and Destination less than an hour and a half (90 minutes) before the trip’s planned start, conditional that the newly adjusted locations are within the same cities of original Start Point and Destination.
(b) Airport Pickup, dropped-off in same city:
Trip timings are variable due to flight timings but cannot be modified by the User after booking.
Drop of location within the city can be modified by the User via the App as late as during the ride.
(c) Airport Pickup, drop-off in different city:
Trip timings are variable due to flight timings but cannot be modified by the User.
Drop off location within the destination city can be modified by the User via the App as late as during the ride.
(d) Airport drop-off
Pickup timing cannot be modified by User. Drop of location within the destination city (could be the same city the airport is in) can be modified by the User via the App as late as during the ride.
5.3 Terms of Payment and Transaction Fees
The User can only pay for their ride by credit card. Any transaction fees when making payments (e.g. due to different currencies) are carried by the User.
5.4 Sending of Invoices, Payment Dates
NAYLAM provides the User with the respective invoice electronically as a download in their account. All payments are made by credit card; hence payment is due immediately.
In case of damage caused by simple negligence, Naylam Technologies is liable only for breach of fundamental contractual obligations and for foreseeable and typical damage. Fundamental contractual obligations are those which, when fulfilled, enable the proper execution of the contract and upon which the User can rely.
Limitation of liability does not apply in the context of an express guarantee of condition and quality, in case of intentional harm to life, body, or health, as well as claims under the Product Liability Act.
6.2 Contents of NAYLAM
Naylam Technologies is not liable for the accuracy, reliability, completeness, or timeliness of the free content and programs which are distributed under the name of NAYLAM, nor for any damage arising therefrom, except to the extent that such damages are caused intentionally or by gross negligence by Naylam Technologies. This applies to all kinds of damage, especially damage caused by errors, delays or interruptions in the transmission, or problems with technical equipment and service, incorrect content, omissions, loss or deletion of data, viruses or in any other way due to the use of this online offer. Furthermore, Naylam Technologies is not liable for the availability and efficiency of the features offered.
6.3 Websites of Third Parties
Naylam Technologies accepts no responsibility for the content, accuracy, legality and functionality of third-party websites which are referred to through links. Accessing these pages through hyperlinks is done at the risk of the User.
6.4 Accuracy of Transmitted Information, Disruption of Access
Naylam Technologies accepts no responsibility for ensuring that the information provided is accurate and complete nor that it reaches the User or chauffeur in time. This does not apply to content in the Booking Confirmation.
Naylam Technologies is not liable for disruptions to the quality of access to the NAYLAM App due to excess force or due to events which Naylam Technologies is not responsible for. Naylam Technologies makes no guarantee that the website will function uninterrupted or error free, nor that any errors will be corrected.
6.5 Release of Liability by the User
The User releases Naylam Technologies of all claims and expenses, including appropriate attorney fees, levied against Naylam Technologies by a third party for any use of the NAYLAM App by the User which violates the contract or is a breach of these Terms.
7. Changes to NAYLAM
Naylam Technologies reserves the right to at any time make changes to the NAYLAM Application in a way that is appropriate to the User, in order to further develop and improve experience and quality. In addition, Naylam Technologies reserves the right to, with good cause, temporarily or permanently discontinue NAYLAM.
8. Protection of Content, Granting of Rights to NAYLAM use
The content contained within the NAYLAM Application obtains copyright protection.
Naylam Technologies grants the User the conditional and revocable right to use NAYLAM as intended through complying with these Terms.
9. Term Changes
These Terms are the entire agreement between Naylam Technologies and the User for the service. Subsidiary agreements do not exist. Changes and additions to this agreement will continuously occur and it is the User’s responsibility to read before accepting the Term and Conditions.
9.1 Subject to Change
Naylam Technologies reserves the right to change these Terms. Notification of the change is made as a unilateral declaration by publishing the new Terms on the website of NAYLAM and informing Users of this. Continued use of Naylam Technologies services is then dependent on the acceptance of the Terms by the User.