General Terms of Use - Croatia

KEY PRINCIPLES

• These Terms apply to Uber's mobile applications and/or websites in Croatia.
• The App/Website Services allow you to request services from Third Party Service Providers or directly from Uber. These services are provided or made available under the Uber brand, including but not limited to UBER, UBERX, and UBER EATS. For more information, please consult this page.
• For Third Party Services, you contract directly with the Third Party Service Providers, while Uber acts as an agent to enable you to request and receive those services.
• For Services provided by Uber, you may be required to accept separate agreements governing your use of those services.
• Please read these Terms carefully. The Terms include information about the services, your rights, and other important information.

ABOUT US AND CONTACT INFORMATION

We are Uber BV, a private limited liability company incorporated in the Netherlands, registered with the Chamber of Commerce of Amsterdam under number 56317441, with our registered office at Burgerweeshuispad 301, 1076 HR Amsterdam. You can contact us at help.uber.com or using the contact details provided here .

DEFINITIONS

“Third Party Service Providers” are independent third parties and include, but are not limited to, independent transportation service providers, delivery partners, restaurants, logistics service providers and/or providers of other mobility services.

“Third Party Services” include, but are not limited to, services and products in the areas of transportation, delivery, logistics, mobility, and the food and grocery industries, provided to you by independent Third Party Service Providers, such as, but not limited to, transportation services. These services are made available to you through the use of the Application/Website Services, as defined below.

“Uber” means Uber BV or any of its subsidiaries or affiliates (“we” or “us”).

“Uber Trademark ” means the trademarks of Uber, including, but not limited to, UBER, UBERX, UBER EATS.

“Uber-Provided Services ” are services provided to you directly by Uber, which may be the subject of separate agreements between you and us. These services may include, but are not limited to, delivery services under the UBER EATS brand and mobility services under the UBER brand.

“Uber names, marks or works ” means Uber, as well as the company names, signs, product or service names, trademarks and service marks, product designs, other proprietary marks or copyrights of Uber or Uber’s licensors.

CONDITIONS

1. Overview

1.1. These Terms govern your access to and use of the Uber mobile applications and/or websites (“Terms”). You must read these Terms carefully and agree to them before accessing and using the Uber mobile applications and/or websites. Your agreement to these Terms establishes a contractual relationship between you and Uber. If you do not agree to these Terms, you may not access or use the Uber mobile applications and/or websites. These Terms expressly supersede any prior agreements and understandings relating to the Applications/Websites (as defined below) between you and Uber.

1.2. These Terms apply to the extent that they do not conflict with any terms of use that specifically apply to the Uber mobile applications and/or websites. You will be asked to agree to such terms separately.

1.3. Uber acts as an agent of Third Party Service Providers for Third Party Services, and acts as a service provider for Services provided by Uber (see clause 4 below).

2. Application/Website Services

2.1. The services provided to you by Uber consist of:

2.1.1. Access and use of Uber mobile applications and/or websites that allow you to request and receive Third Party Services and/or Services provided by Uber; and

2.1.2. Payment acceptance and payment processing services (including support for issuing invoices and payment receipts through third parties that provide fiscalization services on behalf of Third Party Service Providers) that allow us to charge you and pay fees to the bank account of Third Party Service Providers for Third Party Services or to Uber for Services provided by Uber (Uber BV may engage affiliates or third parties to provide these services on its behalf) (collectively, the “ App/Website Services ”).

2.2. These Terms apply to your use of these Application/Website Services in Croatia. By accessing and using the Application/Website Services in another country, you may be subject to the specific terms of that country. You can find those terms on this page by selecting the country whose Application/Website Services terms you wish to access.

2.3. The Uber mobile applications and/or websites will be available to you under various Uber brands.

2.4. Unless otherwise agreed in writing, the Application/Website Services are provided to you for your personal, non-commercial use only.

2.5. Where enabled, you are authorized to request and receive Third Party Services and Services provided by Uber through the Uber mobile applications and/or websites.

3. Third-party services

3.1. For Third Party Services, Uber acts as an appointed agent between you and the Third Party Service Providers to enable them to provide you with the Third Party Services. Uber does not provide the Third Party Services. All Third Party Service Providers are independent third party contractors, registered businesses or other legal entities that are not employees of Uber.

3.2. When you are logged in, online and in the vicinity of Third Party Service Providers, who are also logged in to the Uber mobile applications and/or websites, you will be provided with information through the Uber mobile applications and/or websites about the Third Party Service Providers before you decide to make a request.

3.3. Third-party service providers (for Third-party Services) and Uber (for Services provided by Uber) are free to accept or reject the request. Consent is communicated to you via the Uber mobile applications and/or websites and will result in a contract between you and the Third-party service providers (for Third-party Services) or between you and Uber (for Services provided by Uber).

3.4 For certain Third Party Services, you may be required to accept separate agreements before using such Third Party Services.

3.5. You may be asked to rate a Third Party Service Provider whose services you have requested. The Third Party Service Provider may also provide a rating to you. Third Party Service Providers will see the rating in the Uber mobile applications and/or websites and this rating may influence their decision whether or not to provide you with Third Party Services. 

3.6. Third Parties – Service Providers are responsible for all liabilities arising from the provision of Third Party Services.

3.7. Autonomous vehicle services. “Automated road passenger transport” is defined as a public passenger transport activity carried out by a legal entity registered in the Republic of Croatia using a fully automated vehicle* within a pre‑defined operational area, where one passenger or a connected group of passengers boards the vehicle at one or more locations and disembarks at one or more locations, and where such transport is performed on the basis of a single order executed via an electronic application and a single payment of the total transport fee, as determined by the electronic application, from which the maximum price and the planned travel route are visible to the passenger in advance, under pre‑defined conditions.” A “Fully automated vehicle” is defined as a “motor vehicle that is designed and manufactured to operate autonomously without any driver supervision” (“Autonomous Vehicle” or “AV”).  

Subject to these Terms, services made available to you through the Uber App may be provided by an Autonomous Vehicle (“AV Services”). Autonomous Vehicles are operated by Third-Party Providers that operate a fleet of one or more AVs and may employ or contract with individuals to manage, monitor, or operate its AVs while such vehicles are in motion. AV Services provided to you by Third-Party Providers are Third-Party Services and are subject to the relevant Third-Party Provider’s terms and conditions. The identity of the Third-Party Provider operating a given AV will be made available to you through the App prior to your use of the AV Service.The Third-Party Provider’s terms and conditions regulate your relationship with the Third-Party Provider of AV Services. For the avoidance of doubt, Uber does not undertake any obligations or liability under such terms and conditions. 

When you use AV Services, audio, video, and other sensor recordings may be generated by the AV’s systems for safety, security, or service quality purposes. By using the AV Services, you confirm you have read and agree with the terms of such recordings available in the terms and conditions of the Third-Party Provider available here. These recordings are not “User Content” and remain the property of Third-Party Providers that provide the AV Services. Third-Party Providers may use such recordings in accordance with the applicable laws, especially the road transport safety laws and their terms and conditions and privacy notices. 

Autonomous Vehicles depend upon emerging technologies and could become inoperable or inaccessible for a period of time or may function erratically or improperly with little to no advance notice, and you and your guests may not always be delivered to your intended destination(s) or may experience inconveniences, interruptions, or discomfort related to the AV Service. The AVs are not designed to provide transportation services in connection with emergencies, such as if a person needs to be transported to a hospital for urgent or emergency care. If you use AV Services, you acknowledge that you understand the risks described in this section.

You will not (i) decompile, decipher, distill, reverse engineer, or record any part of the AV Services other than those aspects of the AV Services actually observable and measurable without technical assistance; (ii) destroy, tamper, bypass, or otherwise circumvent any measures employed to prevent, protect, secure, or limit access to any part of the AV Services; (iii) use any information acquired from any AV Service to assist in testing any AV or autonomous vehicle technology; or (iv) use any AV Services to provide a product or service to customers or other third parties, even if no monetary compensation is received for such a service.

Please note that AV Global Rider Guidelines apply.

4. Services provided by Uber

4.1. For the Services provided by Uber, Uber will act as the service provider. The specific terms governing the Services provided by Uber will be set out in a separate agreement.

5. Use of Application/Website Services

5.1. The Uber mobile applications and/or websites can be downloaded or accessed on most modern mobile devices with an internet connection and equipped with operating systems such as Android or iOS.

5.2. You are responsible for the network access necessary to use the App/Website Services and are responsible for your mobile carrier’s rates and fees, including mobile data usage while using the Uber mobile apps and/or websites. You are also responsible for obtaining compatible devices and operating systems necessary to use the App/Website Services, including hardware and software updates.

5.3. To use the App/Website Services, you must register with the Uber mobile apps and/or websites and open an account. At the time of registration, you must be either eighteen (18) years of age or the age of majority if the age of majority in the country in which you register is different from eighteen (18), unless the terms governing individual Third Party Services or Services provided by Uber impose different age limits.

5.4. You must provide us with certain personal information for registration, including your phone number and email address. To use the App/Website Services, Uber-provided Services or certain Third Party Services, you must provide us with at least one valid payment method (credit card, debit card or other accepted payment method). You may be required to provide us with additional information and documents before using certain Uber-provided Services or Third Party Services, such as your address.

5.5. You are not obligated to register or use the Uber mobile applications and/or websites, nor are any Third Party Service Providers. If you decide to stop using the Uber mobile applications and/or websites, you are free to do so without notice to us.

5.6. We may temporarily restrict your access to and use of the Services, Apps/Websites if we suspect that you have breached your obligations (see clause 6 below) or these Terms, including if we receive a complaint regarding fraud. There may be circumstances in which we are unable to provide you with information regarding the complaint while an investigation (conducted by us and/or a third party such as the police) is ongoing.

5.7. Recommendation Systems. When you use the mobile applications and/or websites that we make available to you under the various Uber brands, we will provide you with recommendations for certain services provided by Uber or third-party services (collectively: App/Website Services) that we believe are relevant and meaningful to you. These recommendations may include recommendations for transportation options (e.g. UBERX, Comfort, Green, etc.). There are a number of factors that influence the recommendations you see, but the most important factors are:

• Previous purchases: You're more likely to be recommended your most frequently used transportation option or transportation options within a similar price range as your most frequently used transportation option for future trips. If you have no or limited purchase history, recommendations may instead consist of transportation options that are generally popular.
• Location: Your location helps us recommend transportation options that are closest to you, based on availability at the time you request a ride. For example, if most of the available transportation options are near your requested Uber Black pickup location, we are more likely to recommend Uber Black over other transportation options.
• Contextual factors: Recommendations are based on contextual factors because they are likely to influence the relevance of transportation options to you. These include:
• • Request date and time: In combination with your location (described above), the date and time of your request are used to recommend transportation options that are closest to you based on availability at the time of your request.
  • Estimated arrival time: You are more likely to be recommended transportation options with the lowest estimated arrival time to your requested drop-off location than transportation options with a longer estimated arrival time.

6. Your obligations

6.1. When using the App/Website Services, you must comply with all applicable laws. You may only use the App/Website Services for lawful purposes and for the purposes for which they are intended as set forth elsewhere in these Terms. You may not abuse the Uber mobile apps and/or websites or attempt to defraud us or Third Party Service Providers. 

6.2 You must provide us with accurate and complete information when you register for an account and when you use the Application/Website Services.

6.3. Your account is your personal account. It may not be shared or used jointly except with Uber's express permission. Once you have opened an account:

• you may not register more than one account unless we agree to such possibility in writing;
• you may not allow third parties to use your account or transfer your account to a third party;
• you must keep account information accurate, complete and up-to-date;
• you must always keep your login details confidential and;
• You must notify us immediately if you have any reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.

6.4 You will be responsible for paying any fees or charges that may arise as a result of the provision of Third Party Services or Services provided by Uber that are requested through your account as further explained below.

6.5. You may not, when using the Services, cause inconvenience, nuisance, interference or damage to property, whether to Third Party Service Providers, Uber or any other party.

7. Fees and payments

7.1. Fees for Application/Website Services

7.1.1. You will not be charged any fees for using the App/Website Services. However, we reserve the right to impose a usage fee, in which case you will be notified in writing and given an opportunity to terminate these Terms before any such fee is imposed. If you choose to terminate these Terms, you will no longer be able to access or use the App/Website Services.

7.1.2. We reserve the right to charge fees for the use of certain features on the Uber mobile applications and/or websites. These fees may be subject to separate terms and conditions.

7.2. Fees for Third-Party Services and Services provided by Uber

7.2.1. If you submit a claim through the Uber mobile applications and/or websites, you agree to pay the applicable fees as described in the Uber mobile applications and/or websites and will be responsible for any fees or charges associated with your account in accordance with clause 6.4 above.

7.2.2. Depending on the Uber Services or Third Party Services used, including but not limited to location, fees may be displayed on the Uber mobile applications and/or websites before a request is made. In other cases, fees will depend on your use of the Third Party Services or Uber Services. We may provide you with an estimate of these fees. Please be aware that the final amount of fees may differ from the amount estimated.

7.2.3. You may be charged additional fees, costs and/or penalties by Third Party Service Providers for your use or misuse of Third Party Services (such as repair or cleaning costs) or by Uber for your use or misuse of Services provided by Uber.

7.2.4. For certain Third Party Services, such as UberX, you may request lower fees from Third Party Service Providers for the services you receive from the Third Party Service Provider at the time of receiving such service. The Third Party Service Provider or Uber, if authorized by the Third Party Service Provider, will appropriately respond to any request from the Third Party Service Provider to change the fee for a particular service.

7.2.5. In some cases, if Third Party Services or Services provided by Uber cannot be performed due to your actions or inaction (for example, if you are not present at the delivery location to receive the delivery), all fees may be charged.

7.2.6. Once Third Party Services or Uber-provided Services have been provided, we may issue you an invoice directly or on behalf of the Third Party Service Provider, as applicable. The invoice will include VAT, if applicable.

7.3.  General

7.3.1. For more information about fees and additional charges, fees, costs and/or penalties specific to the applicable Third Party Services or Services provided by Uber, please consult the support section of the Uber mobile applications and/or websites (such as Help ) or the applicable pages on our Rides and  Eats websites .

7.3.2. Fees may be changed from time to time in the Uber mobile applications and/or on the website.

7.3.3. Fees do not include tips. Where applicable, you may provide tips, either in person or through the Uber mobile apps and/or websites. We will collect and forward tips paid through the Uber mobile apps and/or websites on your behalf.

7.3.4. Unless otherwise agreed, all fees are due immediately upon request and will be charged by Uber using the selected payment method associated with your account, after which Uber will send you an invoice via email. If your selected payment method cannot be used, Uber may use a secondary payment method if available.

7.3.5. Fees include applicable taxes, including VAT.

8. Cancellation

8.1. In some cases, you do not have the right to cancel a request for Third Party Services and Services provided by Uber once the service has been accepted. However, for certain Third Party Services, Uber or the Third Party Service Provider may allow you to cancel your request, but you may be charged a cancellation fee.

8.2 Uber may reject a request and cancel the Third Party Services or Services provided by Uber if there is reasonable doubt about the correctness and authenticity of the request or the contact information. In this case, a cancellation fee may also be charged.

8.3. See the Uber Rides Cancellation Policy and Uber Eats Cancellation Policy .

9. License

Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable license to install and/or use the Uber mobile applications and/or websites on your device solely for your use and to access and use the information available through the Uber mobile applications and/or websites. Any other rights not expressly granted herein are reserved to Uber and Uber’s licensors.

10. Intellectual property

We reserve all rights not expressly granted in these Terms. Our App/Website Services, our devices, and all data collected through the Uber mobile apps and/or websites (including all intellectual property rights in all of the foregoing) are and remain our property or the property of our licensors. You may not, and you may not permit any third party to: a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any portion of the Uber mobile apps and/or websites; b) reverse engineer or attempt to extract the source code of the Uber mobile apps and/or websites, except as permitted by law; c) run or cause to run any programs or scripts for the purpose of scraping, indexing, exploring, or otherwise mining any portion of the Uber mobile apps and/or websites or data; d) use, display, or manipulate any of Uber’s names, marks, or works for any purpose other than to use the Uber mobile apps and/or services; e) create or register (i) business, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media names or profiles that contain Uber names, marks or works or any confusing or substantially similar name, mark, title or work; f) use the Uber name, tag or work as your profile photo or background on social networks; g) buy keywords (including but not limited to Google AdWords) that contain any Uber name, mark or work; or h) applies to register, reference, use, copy, and/or appropriate ownership of the Uber name, mark, or work, or in any confusing or substantially similar name, mark, title, or work, in any manner and for any purpose, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works; except as permitted by the limited licenses provided above.

11. Privacy Notice

We collect, use and disclose information from or about you as described in our Privacy Notice . Additional privacy policies may apply, including those of third-party data processors, to Services provided by Uber or Third-Party Services.

12. Your responsibility and protection from liability

12.1. You are responsible for all damages we suffer as a result of your breach of these Terms, your misuse of the Services, the Applications/Websites, or your violation of any laws or rights of third parties. You are responsible for all actions taken through your user account unless such actions were authorized by you and you were not otherwise negligent.

12.2. In order to access the App/Website Services, you agree to indemnify, defend (at our option) and hold us and our individual officers, directors and employees harmless from and against all claims, liabilities, costs, damages, fines, social security contributions and taxes arising out of or related to your breach of these Terms, your violation of applicable law or any third party claims directly or indirectly related to your use of Third Party Services, the Services provided by Uber and your use of the Services generally.

13. Disclaimer

We provide the Application/Website Services “as is” and “as available.” The Application/Website Services may be subject to limitations, delays, and/or other problems inherent in the use of the Internet and electronic communications and are not guaranteed to be available and error-free at all times.

14. Limitation of liability

14.1. Nothing in these Terms limits or excludes any liability that cannot be legally limited, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation, nor does it alter your rights as a consumer that cannot be excluded under applicable law.

14.2. We are not liable under or in connection with these Terms, including but not limited to contractual liability, non-contractual liability (including negligence, fraudulent misrepresentation), restitution and otherwise for any of the following in connection with the use of the Services, applications/websites: (i) loss of profits; (ii) loss of sales or business; (iii) loss of contracts; (iv) loss of anticipated savings; (v) inability to use or malfunction of software, data or information; (vi) loss of or damage to goodwill and (vii) indirect or consequential damages.

14.3. We are not responsible for:

• damages or losses arising from any transaction between you and Third Party Service Providers; or
• availability and accuracy of content, products or services from Third Party Service Providers.

14.4 We are not liable for any delay or failure to perform or any failure to perform arising from reasons beyond our reasonable control.

14.5 Our total liability for your use of the Uber mobile applications and/or websites (and not in connection with any other arrangements between us for which liability is governed by a separate agreement) will not exceed five hundred euros (€500).

14.6 To the extent permitted by law, we exclude all warranties and disclaim any liability for any act or omission by you or the act or omission of any third party.

15. Termination

15.1. You are free to use the Application/Website Services at any time and may cancel these Terms and the Application/Website Services by closing your user account.

15.2 We may terminate these Terms and terminate your access to the Services of the Apps/Websites with immediate effect if we determine that you have breached these Terms or any other agreement between you and Uber for the provision of the Services provided by Uber.

15.3 Uber may, in its sole discretion, terminate these Terms and cease providing the App/Website Services at any time upon reasonable prior written notice.

15.4 If we are unable to collect fees from you using your chosen payment method, we may suspend your account or remove your access to the Uber mobile apps and/or websites until payment is made.

15.5. Upon termination of the Agreement, you must promptly pay any outstanding debts owed to Third Party Service Providers or Uber. Such outstanding debts will survive termination and we reserve all rights to pursue payment after the termination of these Terms.

16. General

16.1. Uber may change these Terms from time to time. We will notify you of any changes in a timely manner. Such changes will be binding on you from the moment of notification in the Uber mobile applications and/or on the websites and/or via email. If you do not agree to these changes, you are free to close your user account in accordance with clause 15.1.

16.2. The invalidity of individual provisions of these Terms shall not affect the validity and enforceability of the remaining provisions of these Terms. Any invalid, illegal or unenforceable provision shall be deemed deleted.

16.3. We may assign, subcontract or transfer these Terms or any of our rights or obligations arising from them, in whole or in part, without your prior consent, provided that this does not result in a reduction of the rights you have under these Terms or under the law. You may not assign, subcontract or transfer these Terms or any of our rights or obligations, in whole or in part, as your use of the Uber mobile applications and/or websites is personal, unless otherwise agreed.

16.4. Together with any additional agreement in relation to the provision of the App/Website Services, these Terms constitute our entire agreement with you, and supersede all prior agreements in relation to your access to and use of the App/Website Services.

16.5. You may be required to accept additional terms and conditions to access the Services of the applications/websites. If there is a conflict between these Terms and a separate agreement, the latter will prevail unless otherwise specified in that separate agreement.

16.6. There are no third parties for whose benefit these Terms are contracted other than those provided for in these Terms.

17. Reporting content.

If you are a UBER EATS user, you may report any content displayed on the UBER EATS mobile app and/or website that you suspect is unlawful via a dedicated online form available through the Uber Help Center. We will notify you in writing without undue delay of receipt of your report and the decision made in relation to it. If you wish to appeal this decision, you may do so by responding directly to the written notice of decision we will share with you through the Uber Help Center.

18. Dispute resolution procedure

Uber may make available to Consumer Users a conciliation program for consumer disputes related to the App/Website Services or these Terms with the goal of reaching an amicable resolution. In accordance with Art. 27, paragraph 2 of the Act on Alternative Resolution of Consumer Disputes and the Decision on the Appointment of Bodies and Allocation of Financial Resources for Alternative Resolution of Consumer Disputes for 2017 adopted by the Ministry of Economy, Entrepreneurship and Crafts on May 11, 2017, as amended from time to time, for any conflict of a contractual nature in connection with the Services of the applications/websites that could not be resolved due to a complaint previously submitted to Uber customer service, consumers may apply the following mediation methods, free of charge: (1) Court of Honor at the Croatian Chamber of Commerce ( https://www.hgk.hr/sud-casti-pri-hgk/o-sudu-casti ), (2) Court of Honor at the Croatian Chamber of Crafts ( https://www.hok.hr/o-hok-u/propisi/podzakonski-akti-sud-casti ), and (3) Mediation Center at the Croatian Employers' Association ( https://www.hup.hr/alternativno-rjesavanje-potrosackih-sporova.aspx ). Uber does not commit to using an online dispute resolution platform to resolve consumer disputes.

19. Governing law and jurisdiction

These Terms shall be exclusively governed by and construed in accordance with Dutch law, excluding its conflict of law rules, unless, if you are a resident of the EU, the consumer protection laws of your country of residence contain provisions that are more favorable to you, in which case such provisions may apply. The 1980 Vienna Convention on Contracts for the International Sale of Goods (CISG) shall not apply. You may bring legal proceedings in relation to the Services before the competent Dutch court. If you are a resident of the EU, you may also bring legal proceedings in relation to the Services before the competent court of your country of residence. If you are a resident of the EU, we may only bring legal proceedings against you in your country of residence, unless you are acting as a business entity in which case you agree to submit to the exclusive jurisdiction of the Dutch courts.

By accepting these Terms, you agree to be bound by these Terms.