Gabaro Terms of Service

1. Definitions

• Operator — Grzegorz Kundys (giekadigital.pl), contact: kontakt@giekadigital.pl.
• Service — the Gabaro web application (including the information website) available at gabaro.pl and related domains.
• User — a person with an account in the Service, acting on behalf of a Company.
• Company — a business (sole trader, legal person or organisational unit) registered in the Service and identified by a tax/VAT number.
• Client — a Company publishing Orders (e.g. haulier, freight forwarder).
• Escort company — a Company providing escort services, with at least one pilot and one escort vehicle in the Service.
• Order — a Client's notice of a need for escorting an oversized transport, divided into national segments and slots (e.g. front and rear pilot).
• Offer — an Escort company's proposal for one or more slots of an Order (rate and comment).
• Escort contract — a contract concluded directly between the Client and the Escort company; the Operator is not a party to it.

2. General provisions

The Service is intended for businesses. By registering a Company, the User declares that they are authorised to act on its behalf.

To use the Service you need a device with an up-to-date web browser (computer or phone), internet access and an active e-mail address. Push notifications require a browser supporting the Web Push standard.

The agreement to use the Service is concluded when the account is created and the Terms and Privacy Policy are accepted; it is concluded for an indefinite period.

These Terms do not exclude or limit rights that mandatory law grants to natural persons running a sole proprietorship (entrepreneurs with consumer rights).

3. Role of the Service — intermediary

The Service is a listing platform that lets Clients and Escort companies find each other. The Operator acts solely as a technical intermediary.

• The Operator is not a party to Escort contracts, is not a haulier, forwarder or escort company and does not perform escorting.
• The Operator does not guarantee the conclusion or proper performance of an Escort contract, payment, the accuracy of data provided by Users, or that they hold the required qualifications and permits (subject to the document verification described in section 5).
• No payments are currently processed in the Service — escort services are settled directly between Companies.
• Suggestions of the number of pilots and required qualifications are auxiliary. The Client and the Escort company are responsible for compliance with the law and the permit.

4. Registration and account

Registration requires an e-mail address and password, confirming the e-mail address via the link sent, and accepting the Terms and Privacy Policy.

After the first sign-in the User creates a Company: name, country, tax/VAT number, roles (client, escort or both), base address, contact person and phone. The VAT number is checked automatically in the European Commission's VIES system. An Escort company also adds at least one pilot and one vehicle.

Each tax number can be registered only once. The User must provide true and up-to-date data and protect their password; they are responsible for actions taken from their account.

A Company entering data of its pilots and employees is responsible for having a legal basis to do so and for informing those persons about the processing (see the Privacy Policy).

5. Verification and the “Verified” badge

A Company may upload documents (e.g. business register entry, liability insurance, pilot certificates, driving licence, vehicle registration and inspection). Documents are available only to the Company and the Service administrator, who approves them or rejects them with a reason.

The “Verified” badge requires a complete set of approved, valid documents and experience in the Service (more than 15 completed and rated orders, where one pair of companies counts at most 3 times). When a document expires, the badge or the “documents OK” marker disappears until a new document is uploaded.

Verification is a formal check of the documents submitted. The badge is not the Operator's guarantee of a Company's reliability.

6. Orders, offers and acceptance

• The Client publishes an Order with the required data (route, date, vehicle dimensions, cargo, permit, number of pilots, required qualifications, mode and rate). The Order stays on the marketplace until all slots are filled or until the start time.
• “Instant acceptance” mode: the first matching Escort company to accept a slot gets it. “Collect offers” mode: Escort companies submit Offers and the Client chooses an offer for each slot.
• The Client may limit an Order's visibility to their trusted pilots for a chosen time and invite recommended pilots and Companies that announced availability.
• Accepting a slot or choosing an Offer means the Companies agree on the escort on the terms stated in the Order. The Escort company assigns a specific pilot and vehicle meeting the requirements.
• Contact details (phones, e-mails, contact person, additional terms) are revealed only to accepted Companies. After acceptance the Order chat, Order PDF and calendar are available.
• The pilot marks the start and end of the escort; the Client confirms completion (or it happens automatically after 48 hours).

7. Withdrawal and cancellation

The Client may cancel an Order and the Escort company may withdraw from an accepted slot — in both cases stating a reason. The Companies involved are notified, and a slot released by withdrawal returns to the marketplace.

Cancellations and withdrawals are counted in the Company's public profile statistics. The Service does not charge penalties; any claims between Companies arise from their Escort contract and the law.

8. Ratings and moderation

After an Order is completed, both parties may rate each other within 30 days with 1–5 stars and a comment; the pilot also rates timeliness of payment. Ratings are public to Users of the Service.

Ratings should be fair and relate to the Order performed. The administrator may hide (stating a reason) a rating that breaches the Terms (e.g. offensive, containing contact details or unrelated to the Order). Reports about ratings and other content can be sent to kontakt@giekadigital.pl.

9. Prohibited content and conduct

In particular, it is prohibited to:

• publish contact details (phones, e-mails, messengers) in content visible before an Order is accepted in order to bypass the Service — the Service masks such data automatically;
• spam or publish mass or fictitious Orders and Offers;
• provide false data, impersonate other Companies or persons, or upload someone else's or forged documents;
• post unlawful, offensive or discriminatory content or content infringing personal rights and third-party rights;
• disrupt the Service, circumvent security, or automatically harvest data (scraping).

10. Blocking accounts

If the Terms or the law are breached, the Operator may block a Company. A blocked Company cannot publish or accept Orders; it sees a notice of the block and its reason.

A block can be appealed by writing to kontakt@giekadigital.pl. In case of gross breaches the Operator may terminate the agreement with immediate effect (section 14).

11. Subscription and trial period

Every newly created Company automatically receives a one-time free trial of 30 days with access to both roles.

After the trial, publishing and accepting Orders requires an active plan (“Client”, “Escort” or “Both roles”) according to the price list on the Service website. Without an active plan the account can browse the Service.

The Service does not currently support online payments. Plans are assigned or extended by the administrator by arrangement with the Company (a request can be sent from the application). Settlement rules will be announced before payments are introduced.

12. Liability

• The Operator makes efforts to keep the Service running without interruption but does not guarantee constant availability; technical breaks may occur, also without notice.
• The Operator is not liable for Users' content and actions, performance or non-performance of Escort contracts, payments between Companies, or damage arising in connection with a transport.
• Towards businesses, the Operator's liability is limited to actual loss and excludes lost profits, to the extent permitted by law. The limitation does not apply to damage caused intentionally.

13. Complaints

Complaints about the Service should be sent by e-mail to kontakt@giekadigital.pl, stating the Company, the account e-mail address and a description of the problem.

The Operator responds by e-mail within 14 days of receipt.

14. Termination and account deletion

The User may stop using the Service at any time. At this stage accounts are deleted on request sent from the account e-mail address to kontakt@giekadigital.pl (no self-service deletion in the application); the Operator handles it without undue delay, within 30 days at the latest.

The Operator may terminate the agreement with 14 days' notice, or with immediate effect in case of a gross breach of the Terms.

15. Changes to the Terms

The Operator may change the Terms for important reasons (e.g. changes in law, new features, introduction of payments). Users will be informed by e-mail or in the application at least 14 days before the change takes effect.

A User who does not accept the changes may terminate the agreement before they take effect. For material changes the Service will ask for acceptance again.

16. Final provisions

The agreement and the Terms are governed by Polish law. Disputes with businesses are resolved by the court competent for the Operator's place of residence.

The Terms are available in Polish, English and German. The Polish version is binding; translations are for information only.

The Terms apply from the version date shown at the top of the page.