HOPIN – ELECTRONIC WALLET

I. Terms and Definitions
1.1 For the purposes of these General Terms and Conditions (hereinafter referred to as “the Terms”), the following terms are used:
a) HOPIN or We means the company HOPIN, s. r. o., with its registered office at Nové záhrady I 16450/13A, 821 05 Bratislava, Slovak Republic, registration number: 45 643 423, registered in the Commercial Register of District Court Bratislava I, Section Sro, File No. 66329/B.
b) Application means the application called HOPIN for mobile devices, in particular smartphones and tablets, operated by HOPIN, through which one can purchase tickets of selected carriers, order passenger transport (taxi) and courier services.
c) User means a natural person who creates a profile (account) in the Application.
d) Account means the User’s profile created in the Application, which is protected by a password (authentication element) specified by the User.
e) VT stands for Virtual Ticket, which, for the purposes of these Terms, means a single ticket purchased through the Application.
f) Electronic wallet means an electronic record of prepaid funds (in the form of technical means storing property value electronically) in the Application, used only for the purchase of VT from selected carriers, payment for passenger transport (taxi service) ordered through the Application and payment for courier services ordered through the Application.
g) Passenger means a natural person interested in transport by carriers selling VTs through the Application who, for this purpose, purchases VTs through the Application or a natural person interested in ordering passenger transport (taxi service) through the Application.
h) Customer means a natural person interested in ordering courier services through the Application.
i) HOPIN Driver means an employee of HOPIN or a third party who, on the basis of a specific contract with HOPIN, performs passenger transport (taxi service) for HOPIN or for whom HOPIN arranges the conclusion of passenger transport contracts with Passengers or who, subject to a specific contract with HOPIN, provides courier services to HOPIN or for whom HOPIN arranges the conclusion of courier service contracts with Customers through the Application.
j) Parking Ticket means a parking ticket for a personal motor vehicle purchased through the Application.
II. Purpose and Subject-Matter of the Terms
2.1 These Terms govern the rules for using the Electronic Wallet, the rules for purchasing VTs through the Application, the rules for paying for passenger transport (taxi), the rules for paying for courier services and the rules for paying for Parking Tickets, all via the Electronic Wallet. The Terms are the specific terms and conditions applicable to the Application User when using the Electronic Wallet Application, purchasing VTs through the Application, paying for passenger transport (taxi service) through the Electronic Wallet, paying for courier services through the Electronic Wallet and paying for Parking Tickets through the Electronic Wallet. The Terms of use of the Application are subject to the General Terms and Conditions available at https://hopintaxi.com/terms/ (“HOPIN GTC”). Should there be any difference between these Terms and the HOPIN GTC, these Terms shall apply to the Electronic Wallet, the purchase of VTs, the payment for transport of persons (taxi) or courier services through the Electronic Wallet and the payment for Parking Tickets through the Electronic Wallet. Matters not covered by these Terms shall be governed by the HOPIN GTC.
2.2 Before using the Electronic Wallet Application, the User is obliged to read and agree to these Terms. Unless the User agrees with any part of these Terms, he/she shall be obliged to stop using the Electronic Wallet (the funds refund request must be in accordance with Art. III (3.7) of these Terms) and is not entitled to purchase any VT through the Application, nor make any payment for passenger transport (taxi), payment for courier services or payment for Parking Tickets through the Electronic Wallet. By using the Electronic Wallet, purchasing VTs through the Application, paying for passenger transport (taxi), paying for courier services and paying for Parking Tickets through the Electronic Wallet, the User agrees to these Terms and undertakes to comply with them.
2.3 Only a natural person (neither an entrepreneur, nor a person acting within the scope of his/her business activity) over 18 years of age with full legal capacity is entitled to use the Electronic Wallet, purchase VTs via the Application, pay for passenger transport (taxi service), pay for courier services and pay for Parking Tickets via the Electronic Wallet.
III. Electronic Wallet
3.1 After registration and creation of the User’s Account in the Application, the User can use the Electronic Wallet.
3.2 The User may top up his/her Electronic Wallet with any sum between EUR 5 and EUR 20. The maximum Electronic Wallet balance is EUR 50. After selecting the top-up sum, the User is redirected to the payment gateway through which he/she makes a payment by payment card. The Electronic Wallet can only be topped-up with a payment card through the Application and with a payment card of a card network supported by the payment gateway.
3.3 Only the cardholder can make a payment with a payment credit card through the Application. If we discover that a payment has not been made by the cardholder, we shall be entitled to block such funds and not allow the User to use them to purchase VTs.
3.4 After a successful payment by a payment card, the funds will be registered in the User’s Electronic Wallet. The Electronic Wallet top-up will be confirmed through the User’s e-mail address registered in the User’s Account. The funds registered in the Electronic Wallet may be used exclusively for:
a) purchase of VTs from selected carriers who are our contractual partners, the list of which is updated from time to time, while the names and contact details of the carriers are available in the Application;
b) payment for passenger transport (taxi service) ordered through the Application and provided by HOPIN Drivers;
c) payment for courier services ordered through the Application and provided by HOPIN Drivers; and
d) payment for Parking Tickets issued by parking system operators defined in Art. VI. of these Terms
3.5 The User can view the current balance of funds registered in his/her Electronic Wallet at any time in the Application.
3.6 The funds in the Electronic Wallet are not time-limited.
3.7 If the User cancels his/her Account in the Application or at the User’s request, the balance recorded in the Electronic Wallet can be returned to the User. The User may request a refund via the Application or by email to penazenka@hopintaxi.com. If it is not possible to return the User’s Electronic Wallet balance after cancellation of the Account for any reason, HOPIN will contact the User through the User’s most recent contact details provided in the User’s Account. If the User cannot be contacted, the funds will be forfeited to HOPIN 1 (one) year after the Account is cancelled.
IV. Purchase of VT
4.1 Once the Electronic Wallet is topped-up with cash, the User can purchase VTs of selected carriers with these funds exclusively through the Application. The Carrier may not allow the use of VTs purchased through the Application on all of its lines, about which the User will be informed prior to the purchase of VTs in the Application.
4.2 The final price of the VT is set out in the Application and depends on the VT selected by the User.
4.3 VTs can only be purchased through the Application using the funds topped-up in the Electronic Wallet. If the price of the VT exceeds the current balance of funds in the Electronic Wallet, the User is not allowed to make a purchase of VTs until the balance of funds in the Electronic Wallet is increased to the required sum.
4.4 Upon successful purchase of VTs in the Application, the funds spent for the purchase of VTs are deducted from the User’s Electronic Wallet.
4.5 The confirmation of the VT purchase with the QR code as the proof of the purchased VT will be available to the User in the Application or delivered to the email address registered in the User’s Account, not later than 2 minutes after purchasing the VT.
4.6 According to the VT selected by the User, the purchased VT is valid only for the period of time specified in the given VT or for the selected line or route and only for the means of transport of the selected carrier, in accordance with the transport and tariff schedules of the given carrier. The purchased VT is valid from the receipt of the confirmation of purchase of the VT.
4.7 Purchased VTs cannot be returned (the User cannot withdraw from the contract), as the purchased VT becomes valid immediately upon the User’s receipt of the VT purchase confirmation. Therefore, the User acknowledges that the service selected by the User starts immediately upon the purchase of a VT through the Application.
4.8 The Passenger shall be obliged to board the means of transport of the carrier only after receiving the confirmation of the VT’s purchase. No VT is valid before the receipt of the VT purchase confirmation. The Passenger shall be obliged to keep the VT valid throughout the entire transport.
4.9 The Passenger shall be obliged to allow the person authorized by the carrier to check the VT purchase confirmation by showing the QR code on the mobile device and to have it read by the carrier’s reading device. The Passenger may be asked to prove the functionality of the Application on his/her mobile device and to prove his/her access to the User Account through which the VT was purchased, while the Passenger shall fully cooperate with the person authorized by the carrier. Upon request of the person authorized by the carrier, the Passenger undertakes to present for inspection his/her identity card or other document (e.g. issued by the carrier) proving his/her identity or the right to a discounted VT.
4.10 Upon any change to the User’s details registered in the Account, the User shall be obliged to immediately update such details, in particular the e-mail address used for sending the VT purchase confirmations. We shall not be liable for any damage caused by the Passenger from he/she not receiving the VT purchase confirmation due to an outdated or incorrect email address provided in the User’s Account.
4.11 HOPIN only facilitates the sale of VTs of carriers through the Application, therefore it is neither a seller of VTs nor a carrier and does not enter into any contractual relationship established by the purchase of VTs between the Passenger and the specific carrier. Carriers’ names and contact details are available in the Application.
4.12 The transport of the Passenger is governed by the transport and tariff terms and conditions of the given carrier. Any complaints and suggestions relating to the transport should be directed to the specific carrier. HOPIN is not liable for any transport defects.
4.13 The User undertakes to comply with these Terms, the HOPIN GTC, generally binding legislation, good manners, not to misuse the Application when topping-up the Electronic Wallet, purchasing VTs via the Application and using the VTs, not make copies of purchased VTs in any way, distribute, alter or imitate purchased VTs in any way, or otherwise attempt to use the Application to secure for himself/herself or others the opportunity to travel with carriers without having properly purchased VTs. If the User breaches his/her obligations under the preceding sentence, we shall be entitled to block the Account or cancel the User’s Account and not allow the same User to re-register with the Application. The User shall also be liable to HOPIN for any damages caused by such breach of his/her obligations under the first sentence of this paragraph of the Terms.
V. Payment for taxi and courier services
5.14 Once the Electronic Wallet have been topped-up, the User is allowed to use the funds exclusively through the Application to pay for passenger transport (taxi) and courier services ordered through the Application and provided by HOPIN Drivers by clicking on the “Electronic Wallet” option in the “Payment” section when creating an order.
5.15 The final price of the ordered passenger transport (taxi) or courier services is indicated in the Order created in the Application and is determined in accordance with the HOPIN GTC.
5.16 If the price of the selected passenger transport (taxi) or courier service exceeds the current Electronic Wallet balance, the User is not allowed to order the transport (taxi) or courier service with the payment option via the Electronic Wallet until the Electronic Wallet is topped-up to the necessary amount. If, due to a change of route or other circumstances after the commencement of the transport, the price of passenger transport (taxi service) increases and the Passenger does not have sufficient funds in the Electronic Wallet, the extra cost of the price of transport will be charged to the User’s payment card registered in the Application, to which the User of the Application agrees.
5.17 After transport (taxi service), the Electronic Wallet balance is reduced by the price of the provided passenger transport (taxi service) or the price of the provided courier services.
5.18 Other terms and conditions for the provision of passenger transport (taxi services) and courier services ordered through the Application and provided by HOPIN Drivers are governed by the HOPIN GTC.
VI. Payment for Parking Tickets
6.1 The User is allowed to purchase Parking Tickets from the operators of the parking systems with which HOPIN has concluded a contract, through the Application for the funds registered in the Electronic Wallet. The parking system operators are listed in the HOPIN GTC.
6.2 When selecting a Parking Ticket in the Application, the User selects the period of time for which the Parking Ticket will be valid. When paying for a Parking Ticket, the User may choose to pay by the Electronic Wallet. Prior to the expiry of the selected Parking Ticket’s validity period, the User will be notified via the Application of the approaching Parking Ticket’s expiry. The User then can purchase an additional Parking Ticket via the Application and select ticket time validity. If the User does not have sufficient funds registered in the Electronic Wallet to purchase a Parking Ticket at the selected price, the User can only purchase the selected Parking Ticket after topping-up the Electronic Wallet or the User can pay for the Parking Ticket through the Application with his/her payment card.
6.3 After purchasing the Parking Ticket, the User’s Electronic Wallet balance is reduced by the price of the purchased Parking Ticket.
6.4 Further terms and conditions for the use of Parking Tickets purchased via the Application are governed by the HOPIN GTC.
VII. Complaints
7.1 Should there be any difference between the funds withdrawn from the User’s bank account and the funds registered in the Electronic Wallet, any difference between the price of the purchased VT and the amount withdrawn from the Electronic Wallet, any difference between the price of the ordered passenger transport (taxi) or courier service and the amount withdrawn from the Electronic Wallet, any difference between the price of a Parking Ticket and the amount deducted from the Electronic Wallet, or any other problem with topping-up the Electronic Wallet, the purchase of a VT, the payment for passenger transport (taxi service), the payment for a courier service or the payment for a Parking Ticket via the Electronic Wallet, you can contact us at penazenka@hopintaxi.com.
7.2 A complaint pursuant to clause 7.1 of this article hereof must be filed within 30 days of the date of the relevant transaction.
7.3 Unless the purchased VT is accepted by the carrier, please contact us at penazenka@hopintaxi.com immediately, however not later than within 30 days after such failure to accept the relevant VT. In such case, any confirmation issued by the carrier, a ticket purchased directly from the carrier or other documents confirming the carrier’s non-acceptance of the purchased VT must also be attached.
7.4 We handle claims without any undue delay, not later than within 30 days of the date of the complaint.
7.5 HOPIN shall not be liable for any defects in the transport provided by the carriers from which the Passenger has purchased his/her VT via the Application or for any damage caused during such transport. You can complain about the transport or exercise any other transport-related rights by contacting the specific carrier.
VIII. Privacy Policy
8.1 General information on the processing of Users’ personal data when using the Application for other purposes than topping-up the Electronic Wallet and purchasing VTs is available at https://hopintaxi.com/privacy-policy/.
8.2 We process the personal data of Users and Passengers in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter referred to as the “Regulation”) and Act No. 18/2018 Coll. on the Protection of Personal Data, as amended. When processing personal data, HOPIN acts as a controller within the meaning of Art. 4, par. 7 of the Regulation.
8.3 In accordance with Art. 37 of the Regulation, HOPIN has appointed a person in charge that can be contacted at lorincz@hopintaxi.com.
8.4 HOPIN processes the following personal data of Users using the Electronic Wallet and purchasing VTs:
(a) name and surname,
(b) e-mail address,
(c) other personal data required under the transport conditions of carriers or parking system operators
8.5 Data subjects are Application Users and Passengers.
8.6 The purpose of processing personal data is to top-up the Electronic Wallet in the Application and to purchase VTs of carriers using funds in the Electronic Wallet.
8.7 The legal basis for the processing of personal data collected from the data subject is:
(a) performance of the contract pursuant to Art. 6, par. 1(b) of the Regulation, which the User concludes with HOPIN by using the Electronic Wallet and which contains the rights and obligations set out in these Terms,
(b) performance of the contract pursuant to Art. 6, par. 1(b) of the Regulation, which is the transport contract concluded between the Passenger and the carrier, whose VT the Passenger purchases through the Application,
(c) legitimate interests pursuant to Art. 6, par. 1(f) of the Regulation, which are the prevention of the misuse of the Electronic Wallet and the prevention of the misuse, copying, distribution or modification of purchased VTs, and the checking of receipts for purchased VTs by the carrier,
(d) fulfilment of the legal obligation under Art. 6, par. 1(c) of the Regulation, which is the recording and handling of requests from data subjects within the meaning of the Regulation.
8.8 If the personal data are provided pursuant to clause 7.7(a) and (b) of this Article hereof, it is a contractual requirement and if the data subject does not provide the personal data necessary for the conclusion of the contract, the data subject shall not be allowed to use the Electronic Wallet or to purchase the VTs. If the personal data are provided pursuant to clause 7.7(d) of this Article hereof, it is a legal obligation of HOPIN, and if HOPIN is unable to identify the data subject due to the failure to provide personal data, HOPIN may refuse to act on the data subject’s request.
8.9 HOPIN does not process special categories of personal data pursuant to Art. 9 of the Regulation, nor does it carry out automated decision-making on the basis of the personal data collected, including profiling.
8.10 HOPIN provides processed personal data to the following recipients:
(a) the bank that clears payments received and the payment gateway,
(b) the carrier whose VT the Passenger purchases, including the person authorised by the carrier to check the VT purchase confirmation,
(c) professional consultants providing legal or accounting services, in particular.
8.11 Public authorities which may receive personal data in the context of a specific survey in accordance with European Union law or Member State law are not considered to be recipients and will therefore not be mentioned here.
8.12 Personal data are processed primarily in European Union Member States. HOPIN does not intend to transfer personal data to any third country or international organisation. However, if necessary, HOPIN may transfer personal data to a third country or an international organisation after assessing its adequacy in accordance with Art. 45 of the Regulation, or upon receipt of adequate safeguards pursuant to Art. 46 of the Regulation and provided that the data subjects have enforceable rights and effective legal remedies or, in the case of exceptions under Art. 49 of the Regulation. If personal data are transferred to third countries or to an international organisation, we are obliged to inform the data subject thereof.
8.13 HOPIN only retains personal data for as long as necessary for the fulfilment of the purpose of processing the personal data:
(a) if the personal data are processed for the purpose of using the Electronic Wallet and the purchasing of VTs, the personal data are kept for the period necessary to fulfil such purpose, at least for the period of the User’s registration in the Application and subsequently for the duration of the limitation periods for any rights that the User or the Passenger may exercise based on the concluded contract,
(b) in the case of personal data processed for the purpose of processing and recording requests from data subjects to exercise their rights under the Regulation, the personal data shall be stored for a maximum period of one year from the date of processing of the request and shall be deleted thereafter.
8.14 The data subject has the following rights in relation to the processing of personal data:
(a) the right of access to personal data pursuant to Art. 15 of the Regulation – the data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to such personal data; the data subject has the right to be informed of the purpose of the processing, the categories of personal data processed, the recipients of the personal data and the duration of their retention. We are obliged to provide a copy of the personal data we process to the data subject upon request. We are entitled to charge a reasonable fee for any additional copies requested by the data subject, corresponding to the administrative costs. Where a request is made by electronic means, the information shall be provided to the data subject in a commonly used electronic format, unless the data subject explicitly requests a different means of provision;
(b) the right of rectification pursuant to Art. 16 of the Regulation – the data subject shall have the right, at the request of the data subject, to have inaccurate personal data relating to the data subject rectified without any undue delay. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed;
(c) the right to erasure (“right to be forgotten”) pursuant to Art. 17 of the Regulation – the data subject shall have the right to erasure of personal data relating to the data subject and we are obliged to erase such personal data without any undue delay if one of the following grounds applies:
i. the personal data are no longer necessary for the purposes for which they were processed;
ii. the data subject withdraws his/her consent to the processing of his/her personal data, insofar as it was the legal basis for the processing of his/her personal data;
iii. the data subject objects to the processing of his/her personal data pursuant to Art. 21, par. 1 of the Regulation and there are no overriding legitimate grounds for processing or objects to the processing of his/her personal data pursuant to Art. 21, section 2 of the Regulation;
iv. personal data have been processed unlawfully,
v. the personal data must be erased in order to comply with a legal obligation under European Union law or Member State law.
(d) the right to restriction of processing pursuant to Art. 18 of the Regulation – the data subject has the right to request us to restrict the processing of his/her personal data if:
i. the data subject contests the accuracy of the personal data during the verification of their accuracy;
ii. the personal data have been processed unlawfully and, instead of erasure, the data subject requests restriction of their use,
iii. we no longer need the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercising or defence of legal claims;
iv. the data subject objects to the processing of his/her personal data pursuant to Art. 21, par. 1 of the Regulation, until it may be verified that the legitimate grounds on our side outweigh the legitimate grounds of the data subject;
(e) the right to data portability pursuant to Art. 20 of the Regulation – the data subject shall have the right to obtain the personal data provided to us on a legal basis pursuant to Art. 6, par. 1(a) or (b) of the Regulation (consent of the data subject or performance of a contract) concerning the data subject and transfer them to another controller. The data subject shall have the right to transfer his/her personal data to another controller only insofar as this is technically possible;
(f) the right to object under Art. 21 of the Regulation – the data subject shall have the right to object, on grounds relating to a particular situation, to the processing of his/her personal data carried out on a legal basis pursuant to Art. 6, par. 1(f) of the Regulation (legitimate interest). If the data subject raises such objection, we may no longer process his/her personal data unless we demonstrate compelling legitimate grounds for its processing or for establishing, exercising or defending legal claims;
(g) the right to lodge a complaint – if the data subject considers that we have breached data protection legislation, he or she may lodge a complaint with the supervisory authority, which is:
Data Protection Authority
Hraničná 12
820 07 Bratislava
e-mail address: statny.dozor@pdb.gov.sk
website: http://www.dataprotection.gov.sk/
8.15 The rights of the data subject may be exercised by sending a request to the e-mail address lorincz@hopintaxi.com or in writing to the address of the company: HOPIN, s. r. o., Pribinova 4, 811 09 Bratislava.
IX. Supervisory Authority and Alternative Dispute Resolution
9.1 The supervisory authority in matters of consumer protection is the Slovak Trade Inspection (SOI), SOI Inspectorate for Bratislava Region, Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava, Slovak Republic.
9.2 The consumer shall have the right to apply to an alternative dispute resolution body for the protection of his or her consumer rights. In the event of a cross-border dispute, the consumer shall be entitled to contact the European Consumer Centre, which will provide the consumer with a delivery address, an electronic address or a telephone number for the alternative dispute resolution body competent to resolve the dispute. The possibilities and conditions of an alternative dispute resolution are regulated by Act No. 391/2015 Coll. on Alternative Dispute Resolution, and on amendment to and supplementation of certain Acts. The list of alternative dispute resolution bodies is available on the website of the Ministry of Economy of the Slovak Republic at: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1. A proposal for alternative dispute resolution can also be submitted via the platform available at:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
X. Final Provisions
10.1 Together with these Terms, the User shall be obliged to comply with the HOPIN GTC, generally binding legal regulations, not to misuse the Application and always act in accordance with good manners when using the Application.
10.2 The law applicable to the resolution of disputes shall be the law of the Slovak Republic and the competent courts shall be the courts of the Slovak Republic. If the User is neither domiciled, nor have a registered office in the territory of the Slovak Republic, the court competent to resolve disputes shall be the court of the Slovak Republic in the place of the registered office of HOPIN.
10.3 These Terms may be executed in several language versions, while the Slovak version shall prevail.
10.4 If any provision of these Terms becomes invalid or ineffective, we shall be entitled to replace it with another provision as close in content and purpose as possible to the original provision, and such invalidity or ineffectiveness shall not affect the validity and effectiveness of the other provisions of these Terms.
10.5 We may change these Terms at any time, including without providing prior notice or warning to you.
10.6 These Terms and any amendments thereto shall become effective upon their posting.
10.7 If you have any questions or need technical assistance you may contact us at any time at penazenka@hopintaxi.com.