Terms Of Service

1. General Conditions of Use

1.1 Scope and definitions

These General Conditions of Use apply to all services provided by Ouibring Ltd (a company registered in England and Wales under company number 10574057) whose registered office is Ouibring Ltd, 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, ENGLAND ("Ouibring")

Ouibring owns and operates the website: www.ouibring.com.

Defined Terms

"Ouibring" means Ouibring, the company maintaining the matching services for bringing on the Site and any of its partners or group or associated companies.

"Service Fee" means the applicable fees or other relevant amount for the Cancellation Service.

"Bring Confirmation" has the meaning ascribed to it at Clause 2.4.2.

"Conditions" means these General Conditions of Use, including the Good Conduct Charter and Privacy Policy.

"Cost Contribution" means the amount set out by the Bringer in relation to the Trip which is payable by the Buyer as their contribution towards the costs of the Trip..

"Bringer" means the individual using the Site to offer a Bring to a Buyer and to transport that item to a given destination at an agreed time in exchange for the Cost Contribution.

"Leg" refers to a section or part of a Trip offered for separate Bring by a Bringer as set out in the Conditions.

"Bring" means the sharing of baggage capacity for a Trip or Leg by a Bringer carrying one or more items for that Trip or Leg in exchange for a Cost Contribution.

"Service" refers to any service provided by the Site to any User.

"Site" means www.ouibring.com and any other website or related mobile or other applications edited, maintained or operated by Ouibring alone or with others which offers similar services including any microsites or sub-sites offered through any such website or application

"Trip" means a given journey in relation to which a Buyer and a Bringer have agreed a transaction through the Site.

"User" refers to a Buyer, Bringer or any other user of the Site.

"User Account" means an account with the Site opened by a User and used in order to access the Service provided by the Site.

1.2 Acceptance of Conditions

These Conditions apply to any use of the Site whatsoever. By using the Site, Users accept these Conditions in full, even if a User does not create a User Account.

No access to the Services will be permitted unless the Conditions are accepted in full. No User is entitled to accept part only of the Conditions. All Users agree to comply with the terms of the Good Conduct Charter and accept that their personal data may be processed in accordance with the Privacy Policy.

In the event that any User fails to comply with any of the Conditions Ouibring reserves the right to withdraw the User Account in question and suspend or withdraw all Services to that User without notice.

The agreement for the provision of the Bring is between Bringers and Buyers and Ouibring is not a party to these arrangements or agreements between them.

These Conditions are intended to create binding rights and obligations between Users in accordance with the Contracts (Rights of Third Parties) Act 1999.

1.3 Variation of the Conditions, the Site and Service

Ouibring reserves the right to modify the Conditions at any time. In addition, Ouibring may vary or amend the Services provided through the Site, the Site functionality and/ or the "look and feel" of the Site at any time without notice and without liability to Users.

Any modification to the Site, Services or Conditions will take effect as soon as such changes are published on the Site.

Users will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the Site following publication of the varied Conditions. Changes will not apply to any Bring Requests which have been made prior to publication of the varied Conditions.

2. Use of Service

2.1 User Account and Accuracy of Information

In order to use the Services each User must create a User Account and agrees to provide any personal information requested by Ouibring. In particular, Users will be required to provide their first name, last name, age, title, valid telephone number and email address.

Users agree and accept that all of the information they provide to Ouibring when setting up their User Account and at any other time will be true, complete and accurate in all respects. Users also agree that any information supplied to Ouibring or posted on the Site in connection with any Trip, Item or Bring will be true accurate and complete.

Ouibring will not be liable to any User in the event that any information provided by a User (including for the avoidance of doubt another User) which is incomplete, inaccurate, misleading or fraudulent.

Unless expressly agreed by Ouibring Users are limited to one User Account per User. No User Account may be created on behalf of or in order to impersonate another person.

Any breach of these Conditions will give rise to immediate suspension of a User’s User Account and they may be restricted from accessing any further Services.

2.2 No Commercial activity and Status of Ouibring

The Site and the Service are strictly limited to providing an online platform that connects Bringers and Buyers to share baggage capacity in a private capacity. The Site and the Service may not be used to connect Bringers and Buyers to offer or accept Bring Requests for profit or in any commercial or professional context.

Bringers must not profit from any Trip. The Service and the Cost Contribution may only be used to discharge the Bringer’s costs and may not be used to generate any profit for the Bringer. The Bringer is not entitled to make profit by virtue of the amount of the Cost Contribution. This applies to all activities, arrangements and Services booked using the Site and any additional services or activities which may be agreed between Bringer and Buyer.

All Trips, collection points and destinations must be pre-agreed through the Site in advance. Bringers may not collect items for any Buyers from any location which has not been pre-agreed with the Buyer through the Site.

Users are reminded that using the Site in a commercial or professional capacity may invalidate a Bringer’s insurance. Ouibring’s liability is limited in accordance with these Conditions and in particular Ouibring is not liable in respect of any breach of any agreement or arrangement between Users or breach by a User of these Conditions including where any Bringer (in breach of these Conditions) offers Services through the Site in a professional or commercial capacity (thereby potentially invalidating their insurance). It is up to Users to be vigilant in ensuring that Bring related services are not provided on a commercial basis.

Status of Ouibring

Neither Ouibring nor the Site provides any transport services. The Site is a communication platform for Users to transact with one another. Ouibring does not interfere with Trips, destinations or timings. The agreement for Bring is between the Bringer and the Buyer. Ouibring is not a party to any agreement or transaction between Users, nor is Ouibring liable in respect of any matter arising which relates to a Bring Request between Users.

Save in relation to the collection of the Cost Contribution in accordance with Clauses 2.3 and 2.4 below, Ouibring is not and will not act as an agent for any User.

Any breach of these Conditions will give rise to immediate suspension of a User’s User Account and they may be restricted from accessing any further Services.

2.3 Types of Bring Request and Payment

Ouibring offers a free service which allows Users to contact each other directly to arrange Bring by setting up a meeting point, item and agreeing travel conditions and drop off points (including size of luggage).

Users accept that given the nature of the service and the fact that it is free of charge Bringers and Buyers will have no recourse to Ouibring for any aspect of the transaction including in relation to cancellation, last minute changes, failure by the Bringer or the Buyer to turn up or non-payment of the Cost Contribution.

Cost Contributions may be collected using the Site from the Buyer on behalf of the Bringer by Ouibring at its sole discretion in the circumstances set out below. Where such Cost Contributions are collected by Ouibring, a cancellation policy set out in Clause 2.4 (Cancellation Service) applies.

Save as provided in Clause 2.4 (Cancellation Service), Ouibring will not contact either party and will take no steps whatsoever to manage the Bring Request. The Bring service itself is managed by Bringers and Buyers only.

Please note that Ouibring reserves the right to change any aspect of the Site or its services which may include adding new services (which may require payment) or withdrawing services.

2.4 Cancellation Service

Ouibring may offer to its Users a cancellation service with a view to assist in reducing the risks of a cancellation of a Trip or Leg or non-payment of the Cost Contribution. However, nothing in these Conditions shall impose on Ouibring any liability to any Users for the occurrence of any of those risks other than withholding or paying the Cost Contribution as set out below. The Cancellation Service:

  • may entitle a Bringer to receive a compensation in the event of a late cancellation by a Buyer if the conditions set out below are met; or
  • may ensure that the Cost Contribution is received by the Bringer only when the Bring service has been performed by the Bringer if the conditions set out below are met.

Ouibring reserves the right not to offer the Cancellation Service to a Trip or Leg at its sole discretion.

2.4.1 Conditions applicable to the Cancellation Service

The Cancellation Service may apply in relation to the following Trips ("Qualifying Trips" which expression shall include a Leg when applicable in accordance with the paragraphs below):

  • a one-off Trip for which a specific advert was made on the Site and which consists in an ad hoc journey occurring only once on a particular date and time for a given departure and destination points; and
  • where the Buyer confirmed payment; and
  • where the Bringer confirmed ability to meet the details of the Bring request

Ouibring reserves the right to limit the number and / or class of Users eligible to the Cancellation Service for any Qualifying Trip including any Leg of a Qualifying Trip.

2.4.2 How to Book a BRING for a Qualifying Trip

The Bringer provides details of his or her Qualifying Trip on the Site, specifying date and time for departure and destination points, the amount of the Cost Contribution and all other relevant travel conditions.

The Buyer requests a Bring specifying the item and drop off location on the Site.

Ouibring will then send an email confirmation to each of the Bringer and the Buyer confirming the Bring Request. Once a Bring Request Confirmation has been sent, the Bring Request is complete and a separate binding agreement for Bring relating to a Qualifying Trip shall be formed between the Bringer and Buyer. With effect from the Bring Request Confirmation, the Bringer and the Buyer shall also be bound by the additional financial provisions set out below at Clause 2.4.6 together with the conditions of cancellation of the Qualifying Trip set out below at Clause 2.4.5.

The Bring Request is personal to the Bringer and the Buyer. The identity of the Bringer and the Buyer must match the identity provided by each of them to Ouibring.

The Bringer undertakes to Ouibring and to the Buyer(s) to perform the Trip that he or she has advertised on the Site to share with them on the agreed date, time and place.

2.4.3 Payment Terms for a Qualifying Trip (online payment when available)

Payment of the Bringer resulting from a completed Bring Request (online payment)

The Buyer shall confirm to Ouibring on their dashboard on the Site within seven calendar days of the date of performance of the Bring service for the Bring Request that he or she used the Bring service provided by the Bringer in relation to the Qualifying Trip for which the Bring Request was placed. At the end of this period, and unless otherwise directed by the Buyer, the Buyer shall be deemed to have used the Bring service and accepted that the Cost Contribution in relation to the Bring Request is due and payable to the Bringer ("Authorisation to Pay").

As soon as practicable from the date of the express or deemed Authorisation to Pay given by the Buyer ("Credit Date"), the User Account of the Bringer shall show a credit representing the amount of the Cost Contribution payable by the Buyer ("Amount").

Where the Authorisation to Pay was expressly given by the Buyer, the Bringer may direct Ouibring to pay him or her the Amount and Ouibring shall pay the Amount by bank transfer on the five (5) business days following the request made through the Site by the Bringer.

In any other case, and in particular (without limitation) where the Buyer is deemed to have given the Authorisation to Pay, Ouibring shall pay the Amount by bank transfer no later than one calendar month after the Credit Date.

No payment shall be made to the Bringer unless the Bringer provides to Ouibring his or her bank details. The Bringer’s bank details are stored on "Profile"> "Bank details" and not available to the public.

Ouibring shall not pay the Amount due otherwise than by bank transfer, thereby excluding any payment in cash or by cheque.

Ouibring shall not be liable to the Bringer for any loss resulting in the failure to pay the Bringer if for any reason whatsoever, the Amount payable by the Buyer is not received by the Bringer or is required to be returned to the Buyer such as in the event of insufficient funds, fraudulent use of the card of the Buyer, the card company or bank of the Buyer failing to process correctly the payment or a failure on Ouibring's side to take or make a payment when it is outside Ouibring's reasonable control.

The Bringer undertakes to return to Ouibring on demand any amount received in such circumstances.

2.4.4 Payment Terms when a Qualifying Trip is cancelled

The Bringer and the Buyer agree to the conditions relating to the payment of any refund to the Buyer or compensation to the Bringer (whether in full or in part) relating to the cancellation of a Qualifying Trip after the Bring Request Confirmation, are set out below:

  • Where the cancellation of a Qualifying Trip is caused or deemed to have been caused by the Bringer under these Conditions, the Buyer shall be entitled to a full refund.
  • Where the cancellation of a Qualifying Trip is caused or deemed to have been caused by the Buyer under these Conditions (but without prejudice to the other provisions set out in these Conditions):
  • If the Buyer cancels on or after the Bring Request confirmation or if the Buyer does not present himself or herself at the pickup point within 30 minutes of the agreed collection time, the Bringer shall be entitled to receive the Cost Contribution in full. As a result, the Buyer shall not be entitled to any refund.

2.4.5 Additional financial provisions relating to Qualifying Trips

All sums received by Ouibring under these Conditions as Cost Contributions are held in a separate designated deposit bank account with Arkéa / Adyen for the benefit of the Bringers until they are due and payable to either the Bringer or Ouibring as the case may be. Any order to pay made by the Users in accordance with these Conditions is irrevocable and will be executed by the bank Arkéa / Adyen.

The Buyer and Bringer agree that no interest is payable on the monies held in a separate designated deposit bank account with Arkéa / Adyen.

In an effort to minimise the effects of credit card fraud and to prevent money laundering, the Users agree to provide on request from Ouibring and / or Arkéa and /or Adyen and more generally any competent judicial or administrative authority any information that they may require to verify their identity, including any proof of identity and proof of address. In the absence of immediate response to these requests, the Users agree that Ouibring shall be entitled to take unilaterally any action that it deems appropriate including the freezing of any payments to be made under those terms and / or the suspension of the Service(s).

No payment may be made to a Bringer on an account that has not been opened in his or her name.

2.5 Bringer and Buyer obligations

Bringer's obligations

Each of the Bringers undertakes and agrees that:

  • they will present themselves on time and at the place agreed for collection with the specific item
  • they will ensure the item is presented in original packaging with receipt
  • they will ensure that the item is undamaged and unopened
  • they will immediately inform all Buyers of any change whatsoever to the Trip
  • they must comply with the Good Conduct Charter at all times
  • they must wait for the Buyer(s) at the collection point for at least 30 minutes after the agreed time (however, the Buyer is expected to be punctual)

Buyer obligations

Each of the Buyers undertakes and agrees that:

  • they will present themselves on time and at the collection place agreed with the Bringer
  • they must comply with the Good Conduct Charter at all times
  • they wait at the collection point for at least 30 minutes after the agreed time for the Bringer to arrive
  • they will pay the Cost Contribution to the Bringer

If the Buyer or Bringer fail to comply with any of these terms or any other Conditions Ouibring reserves the right to keep information relating to the breach, to publish or disclose this information on the User’s online profile and to suspend or withdraw the User’s access to the Site.

2.6 Insurance

The Bringer agrees and undertakes that they will take out and maintain insurance to cover the Trip and any Bring offered or booked through the Site (including for the avoidance of doubt insurance to cover any international or overseas part of a Trip).

It is up to each Bringer and Buyer to confirm with each other that the Bringer is covered by valid insurance for a Trip. The Bringer must confirm that his or her insurance policy allows him or her to carry Buyers and that the insurance policy covers all Buyers and any accident or incident which may occur during a Trip.

The Bringer and the Buyer are aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Bringer had made or was seeking to make a profit.

The Bringer may collect no payment from the Buyer other than the Cost Contribution and the Bringer must not in any event make a profit.

If the Bringer does make a profit, or if the insurers repudiate or refuse to accept any claim arising during a Trip for any other reason the Bringer will be responsible for the financial consequences, losses and damages arising and Ouibring will not be liable under any circumstances to the Bringer or the Buyer.

Ouibring reserves the right to suspend immediately the account of a user or User including the money displayed as a credit or otherwise and to make aware to competent authorities any professional activity.

2.7 Management of disputes between Users

Ouibring shall provide its Users with an online service for resolving disputes. This service is non-binding. Ouibring is under no obligation to seek to resolve disputes and this service is offered at Ouibring’s sole discretion and may be withdrawn at any time.

If any dispute is not settled, Ouibring reserves the right to retain any sums paid by the Buyer until an amicable agreement has been reached between the Buyer and the Bringer or a definitive judicial decision has been made.

2.8 Verification of phone number

In order to increase trustworthiness, prevent typos and wrong numbers, any User can verify their mobile number. The User may do this by providing Ouibring with their mobile phone number, after which the User will receive an SMS with a 4-digit code which can be validated on the Site.

This service is free of charge, except for the possible cost levied by a User’s mobile phone operator for receiving the SMS.

2.9 International Trips and International Bring Requests

Bring Requests may be made through the Site for international Trips. An International Trip means any Trip which includes any travel outside of the United Kingdom. If a Bring Request is made for an International Trip Bringers must ensure that their insurance covers travel outside of the United Kingdom.

3. Liability

Ouibring is not a party to any agreement between a Bringer and Buyer and will not be liable to either party unless the loss or damage incurred arises due to Ouibring’s negligence.

Ouibring shall use its reasonable endeavour to ensure the Site is available 24 hours a day, but occasionally access to the Site may be restricted to allow for repairs, maintenance or the introduction of new facilities or services or not available for reason beyond Ouibring’s control. Ouibring does not accept any responsibility for any errors, omissions, or for the results obtained from the use of such information or for any technical problems Users or users may experience with the Site. If a User detects a fault, please contact us and Ouibring will endeavour to correct the fault as quickly as Ouibring can.

Ouibring will not be liable to a User for any fraudulent use of payment instruments by a Buyer. In such circumstances, no compensation or indemnity whatsosever shall be given by Ouibring to the Bringer.

Ouibring shall not be liable for any loss or damage arising as a result of:

  • Any inaccurate or incomplete information being provided by a User
  • The cancellation of a Trip or inability to complete a Bring by a Bringer
  • Any failure to make payment of a Cost Contribution (for the free service without Bring Request)
  • Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Bringer or Buyer before, during or after a Trip.

Ouibring will not be liable to any User for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, lost of anticipated savings or lost opportunity arising as a result of the services provided by Ouibring (whether suffered or incurred as a result of the Ouibring’s negligence or otherwise) except in the case of fraud, wilful concealment or theft.

Ouibring’s liability to any User for all losses in respect of any Bring Request is capped at the sum of £25.

Ouibring will not be liable to any User in relation to any Trip and / or unpaid Cost Contribution unless Ouibring is notified of a claim relating to that Trip or unpaid Cost Contribution within 3 months of completion of the Trip.

Nothing in this Agreement limits or excludes Ouibring’s liability for death or personal injury arising as a result of Ouibring’s negligence.

Given that Bringers are required to hold valid insurance to cover a Trip and given that Ouibring’s service is limited to putting Bringers and Buyers in touch with each other and cannot oversee any Trip Users accept that the limitations on the Ouibring’s liability set out above are reasonable.

4. General Terms

4.1 Suspension or withdrawal of Site access

In the event of non-compliance on Users’ part with all or some of the Conditions, Users acknowledge and accept that Ouibring can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or access to the Site (including in particular User Accounts).

4.2 Intellectual property

In the event of non-compliance on Users’ part with all or some of the Conditions, Users acknowledge and accept that Ouibring can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or access to the Site (including in particular User Accounts).

The format and content of this Site is protected by United Kingdom and international copyright and Ouibring reserves all of its rights in relation to its copyright whether owned or licensed to Ouibring.

All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to Ouibring) which appear on the Site.

This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Ouibring. No party is entitled to systematically extract and/or re-utilise parts of the contents of the Site without the express written consent of Ouibring. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site is strictly prohibited.

4.3 Content of the Site provided by the Users

By displaying content on this Site, Users expressly grant a licence to Ouibring to display the content and to use it for any of Ouibring’s other business purposes.

Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to Ouibring’s policy and Ouibring does not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and agrees to indemnify Ouibring in relation to any liability it may suffer as a result of any such content. However as soon as Ouibring becomes aware of infringing content, Ouibring shall do everything it can to remove such content from the Site as soon as possible.

4.4 Partner Sites

Ouibring reserves the right to reproduce any information that appears on the Site or on the partner sites.

In particular, ads published on one of the sites maintained or co-maintained by Ouibring may be reproduced on other sites maintained or co-maintained by Ouibring or third parties.

5. Law and Jurisdiction

These terms shall be governed by the law of England and Wales, and any disputes arising in relation to these terms shall be subject to the jurisdiction of the Courts of England and Wales.