1. General Provisions
1.1. These Booking Terms (the "Terms") govern the booking, organisation, provision and payment of the transportation, chauffeur and escort services (the "Services") offered under the brand "Proserv Executive Transportation". In these Terms, "Proserv", "we", "us" and "our" refer to the party that organises and provides the Services under that brand.
1.2. By placing a booking, accepting Proserv's confirmation, making a payment or starting to use the Services, the Client confirms that they have read, understood and accepted these Terms in full. Anyone who does not agree with any part of these Terms should not place a booking.
1.3. As the Services vary by type, duration, route, number of vehicles, the Client's requirements and other circumstances, these Terms set out a general framework. The specific terms of each booking may be detailed in Proserv's written quotation, confirmation or invoice, or in a contract concluded between the parties.
1.4. In the event of any conflict between documents, the following order of precedence applies:
1. a written contract signed by the parties (including corporate and partner agreements);
2. Proserv's written quotation or confirmation for the specific booking;
3. these Terms;
4. general information published on the website or in other materials.
1.5. Nothing in these Terms is intended to limit any right or liability that may not be limited or excluded under the legislation of the Republic of Azerbaijan. In such cases, the relevant provision applies to the maximum extent permitted by law.
1.6. Proserv is not a public taxi service. The Services are provided on the basis of advance bookings confirmed by Proserv.
Definitions
Client: the individual or legal entity placing the booking, as well as any person acting on their behalf or instructions.
Passenger: any person carried under the Client's booking. The Client is responsible for ensuring that all Passengers, including minors, comply with these Terms.
Booking (reservation): the Client's request for the provision of a specific Service.
Confirmation: a notice sent by Proserv by e-mail, messaging application or other written means setting out the key terms of the booking (date, time, route, vehicle class, price, etc.).
Chauffeur (driver): the professional driver assigned by Proserv or its partner to provide the Service directly.
Vehicle: the vehicle provided for the Service or, in the chauffeur-only service, the vehicle owned or used by the Client.
Partner: a carrier, driver or other supplier vetted by Proserv that provides all or part of the Services or additional services under Proserv's coordination.
Corporate Client: a legal entity or sole trader that has concluded a written contract with Proserv.
Free waiting time: the period during which the Chauffeur waits for the Client without additional charge (Section 6).
No-show: a situation, described in Section 5, in which the Client or Passenger fails to arrive at the agreed meeting point.
Force majeure: circumstances beyond the reasonable control of the parties, as described in Section 9.
Written form: e-mail, a message sent via a messaging application, or a document signed on paper or electronically.
Types of Services
These Terms apply to the following Services:
airport, railway station and seaport transfers;
hourly and daily chauffeur services;
intercity and regional trips;
events, delegations and multi-vehicle transportation;
chauffeur-only service (with the Client's own vehicle);
trips to Karabakh and other areas with a special access regime;
additional services (interpreter, guide, security coordination, courier, etc.).
2. Provision of Services and Service Providers
2.1. The Services are primarily provided by Proserv's own fleet and chauffeurs. Where necessary, including during periods of high demand, for multi-vehicle bookings, where a specific vehicle class is required or where a replacement is needed, the Services may be provided through partners vetted by Proserv.
2.2. Where a partner is engaged, Proserv selects the partner, transfers the booking and coordinates the provision of the Service in line with Proserv's standards. The Client's separate consent is not required for this.
2.3. Photographs, vehicle descriptions and sample prices published on the website, in catalogues, in quotations and on social media are for information only and do not constitute a commercial offer.
2.4. The Chauffeur complies with traffic regulations, safety requirements and standards of professional conduct. The Chauffeur may independently determine the route, speed and stopping place for reasons of safety, road conditions or legal requirements.
2.5. Proserv reserves the right to decline a booking, refuse to perform a confirmed booking or suspend a Service already in progress where:
the Client provides false, incomplete or misleading information;
there is reasonable suspicion that the Service is being used for unlawful purposes;
the safety of the Passengers, the Chauffeur or third parties is at risk;
a Passenger behaves disrespectfully, abusively or aggressively towards the Chauffeur;
the Client has outstanding debts to Proserv;
a required advance payment or payment is not made on time;
no suitable vehicle or chauffeur is available (in which case the rules in Section 5 apply).
2.6. Where a Service is suspended due to the conduct of the Client or a Passenger, any amount paid is non-refundable and any unpaid amount remains payable in full.
3. Booking and Confirmation
3.1. Bookings may be placed via the enquiry form on the website, by e-mail (contact@proserv.pro), by telephone, via messaging applications or through the channels set out in a corporate contract.
3.2. Information submitted through the website form, or an initial enquiry, does not constitute a binding booking. Proserv reviews each enquiry individually and informs the Client of the price, vehicle class and other terms.
3.3. A booking becomes effective when Proserv sends a written Confirmation and the Client accepts it (including by replying, by making a payment or by not objecting). Bookings requiring an advance payment become effective when the advance payment is received by Proserv; until then, Proserv is under no obligation to reserve a vehicle and chauffeur.
3.4. The cancellation, amendment and no-show rules (Section 5) apply to an effective booking regardless of when and how payment is made. Where payment is to be made on the day of travel, the Client agrees to these rules by accepting the Confirmation.
3.5. The Client must check the details in the Confirmation (date, time, addresses, flight number, number of passengers and items of luggage, vehicle class, price) immediately and notify Proserv in writing of any discrepancy without delay. If no notice is given, the details in the Confirmation are deemed correct.
3.6. When booking, the Client must provide complete and accurate information, including: the name and reachable telephone number of the contact person (with a messaging application where possible), the number of passengers, the ages of any minors, the number and size of luggage items, the flight or train number, the pick-up and drop-off addresses, and any special requirements such as pets or child seats. Proserv is not liable for delays, additional costs or failure to provide the Service resulting from false or incomplete information.
3.7. Minimum booking notice (before the start of the Service):
| Service | Minimum notice |
|---|---|
| Airport transfer | 3 hours |
| City transfer and hourly chauffeur service | 2 hours |
| Intercity, multi-day and regional trips | 24 hours (recommended) |
| Events and multi-vehicle bookings | 1 month (recommended) |
3.8. Urgent bookings received later than the above notice periods may be accepted subject to vehicle and chauffeur availability. A higher rate may apply to urgent bookings; the applicable price is stated in the Confirmation.
3.9. Booking one month in advance for events is a recommendation. For later bookings, the availability of the required number, class or matching models of vehicles is not guaranteed.
3.10. The person placing the booking must be at least 18 years old. Minors are carried only when accompanied by an adult. Unaccompanied minors may be carried only by prior written agreement and with the written consent of their legal representative.
3.11. Correspondence with Clients is conducted primarily in Azerbaijani. Correspondence with foreign clients and foreign companies may be conducted in English or another language agreed by the parties.
3.12. The Confirmation specifies the vehicle class. The Client's preferences regarding a specific model, colour, year of manufacture or specification are taken into account where possible but are not guaranteed unless expressly stated as an obligation in the Confirmation.
4. Prices and Payment
Prices
4.1. Prices are set per vehicle, not per passenger.
4.2. Prices are determined individually for each enquiry and depend on the type of Service, vehicle class, duration, route, region, time and other conditions. Prices shown on the website are indicative or starting prices. The binding price is the price stated in the Confirmation or in a written contract.
4.3. Unless otherwise stated in the Confirmation, the price includes: the vehicle and chauffeur service, fuel, city parking, toll road charges, airport parking, the chauffeur's standard expenses and drinking water in the vehicle. CIP lounge or VIP meet-and-greet services are included only where expressly stated in the Confirmation.
4.4. The price may change in the following cases (applicability depends on the type of Service):
a change of route, destination or region;
additional stops not agreed in advance (for transfers and intercity trips);
an extension of the Service and additional waiting time;
an increase in the number of passengers or luggage items, or a change of vehicle class;
night-time or urgent bookings;
an overnight stay by the chauffeur outside Baku or the need to assign an additional chauffeur;
additional services provided at the Client's request.
4.5. For hourly and daily chauffeur services, stops and route changes within the agreed area (for example, the city of Baku) and agreed working hours do not affect the price.
4.6. A different rate may apply to Services provided at night (normally 00:00–06:00). This is stated in the Confirmation.
4.7. No separate surcharge applies on public holidays. During periods of high demand, prices are set in the usual manner according to availability.
4.8. Prices are set in Azerbaijani manat (AZN). For the Client's convenience, the equivalent in US dollars, euros or another currency may be provided for information. Payment is accepted in the currency permitted by law. Currency conversion is made at the bank's exchange rate, and any exchange rate differences and bank fees are borne by the Client.
4.9. For individual clients, the price quoted is the final price and no additional tax is added. For Corporate Clients, the invoice format (including or excluding VAT) is determined by agreement of the parties and at the request of the counterparty.
Payment
4.10. Payment methods: cash, bank card (via POS terminal) and bank transfer. Proserv may offer online payment in the future.
4.11. Individual clients pay the full cost of the Service on the day of travel, before the Service begins. Any additional amounts arising during the Service (extra hours, waiting time, additional stops, etc.) are payable immediately upon completion of the Service.
4.12. Depending on the type, scope and duration of the Service and whether special preparation is required, Proserv may require an advance payment. The amount and due date of the advance payment are stated in the Confirmation or contract.
4.13. Unless otherwise provided in the contract, Corporate Clients pay on the basis of a monthly invoice (e-invoice) within 15 days of its issue.
4.14. For events and multi-vehicle bookings, unless otherwise provided in the contract, 50% of the total cost is payable in advance and the balance after the event.
4.15. Penalties or interest for late payment apply only where provided for in a written contract. In the event of late payment, Proserv reserves the right to suspend further bookings or to accept them only against full prepayment.
4.16. If the Client fails to make a required payment before the Service begins, Proserv is entitled not to commence the Service. This is treated as a cancellation by the Client.
4.17. Fees related to bank transfers, international transfers and currency conversion are borne by the Client.
5. Cancellation, Amendments and No-Show
Cancellation by the Client
5.1. Bookings must be cancelled in writing by e-mail to contact@proserv.pro. For speed, Proserv may also accept a cancellation notice sent through other written channels. The time of cancellation is the moment the notice is received by Proserv. A cancellation made by telephone is not effective unless confirmed in writing.
5.2. For individual services (airport transfers, city transfers, hourly and daily chauffeur services, intercity trips), unless otherwise stated in the Confirmation:
| Time of cancellation (before the start of the Service) | Charge |
|---|---|
| More than 12 hours | Free of charge |
| Less than 12 hours | 30% of the booking value |
| After the chauffeur has arrived at the meeting point | No-show rule applies (5.12) |
5.3. The cancellation rule for hourly and daily chauffeur services is the same as in clause 5.2. For multi-day bookings, unless otherwise stated in the Confirmation, the time of cancellation is calculated separately against the start time of each service day.
5.4. If a flight is cancelled by the airline, the Client may cancel the transfer free of charge or reschedule it. The Client must notify Proserv of the flight cancellation as soon as possible. If, due to the lack of notice, the chauffeur has already set off for the meeting point, Proserv reserves the right to claim the costs actually incurred.
5.5. Cancellation terms for events, delegations and multi-vehicle bookings are set out in the written quotation or contract. Unless otherwise provided in the contract, the following tiered rule normally applies:
| Time of cancellation (before the start of the event) | Charge |
|---|---|
| More than 14 days | Free of charge |
| 7–14 days | 50% of the booking value |
| Less than 7 days | 100% of the booking value |
5.6. A reduction in the number of vehicles, service days or service hours booked is treated as a cancellation of the reduced portion, and the relevant cancellation rule applies to that portion.
5.7. For bookings with an advance payment, the remaining amount after deduction of the cancellation charge is refunded in accordance with Section 10.
Cancellation by Proserv
5.8. Where Proserv is unable to perform a booking for reasons attributable to it, other than force majeure, Proserv will:
offer the Client a replacement vehicle of the same, similar or higher class; or
with the Client's consent, provide a vehicle of a lower class and take the price difference into account; or
if a replacement is not possible or the Client declines it, refund the amount paid in full.
5.9. Unless otherwise provided by law, the measures set out in clause 5.8 constitute Proserv's sole obligation in respect of a booking it is unable to perform.
Amendments
5.10. The Client may change the time, address or vehicle class free of charge more than 12 hours before the start of the Service. Changes are subject to vehicle and chauffeur availability, and any price difference is payable. Changes requested less than 12 hours before the start of the Service are accepted where possible; in such cases, Proserv reserves the right to apply an additional charge or to treat the change as a cancellation of the original booking.
5.11. Route changes and additional stops during the Service are governed by the type of Service:
Hourly and daily chauffeur service: the Client may travel freely within the agreed area and working hours; travel outside the area is charged additionally.
Intercity trip: a change of destination or direction requires a new quotation and changes the price.
Transfers: additional stops or route changes not agreed in advance are charged according to the applicable rates.
The Chauffeur is under no obligation to comply with requests that breach safety, traffic regulations or the law.
No-Show
5.12. A no-show occurs when all of the following apply:
the Client or Passenger does not arrive at the meeting point by the end of the free waiting time;
the Chauffeur or a Proserv representative has attempted to contact the Client at least 3 times (by call or message) without response;
the Client has not cancelled or amended the booking in advance.
5.13. In the event of a no-show, the Chauffeur may leave the meeting point, the booking is deemed performed and the Client must pay 50% of the booking value. If an advance payment has been made, this amount is deducted from it. For events, intercity trips and bookings requiring special preparation, a higher amount may be set in the Confirmation or contract.
5.14. Where the meeting does not take place because of an incorrect address, flight number or contact number provided by the Client, this is also treated as a no-show.
6. Waiting Time, Delays, Additional Time and Chauffeur Working Hours
Waiting time
6.1. For airport pick-ups, 60 minutes of free waiting time applies from the actual landing time of the aircraft. Proserv monitors the flight free of charge, provided that the Client has given the correct flight number.
6.2. For other pick-ups (hotel, office, residential address, etc.), 20 minutes of free waiting time applies from the time stated in the Confirmation.
6.3. Waiting beyond the free waiting time is charged according to the applicable rates. Additional waiting may not be possible where it would conflict with Proserv's subsequent bookings; in that case, clauses 5.12–5.13 apply.
6.4. If a flight is delayed by more than 3 hours, moved to another date or diverted to another airport, Proserv reserves the right to change the chauffeur or vehicle and to adjust the transfer to the new time. A rate difference may apply if the new time falls at night or requires additional resources. A diversion to another airport is treated as a new booking.
Delays
6.5. The Chauffeur will make every reasonable effort to be at the meeting point at the agreed time. However, Proserv is not liable for delays caused by traffic congestion, road closures, roadworks, weather conditions, restrictions imposed by the police or other public authorities, official motorcades or other circumstances beyond its control.
6.6. When planning travel to an airport, train, meeting or event, the Client is advised to allow a sufficient time margin. Proserv is not liable for the consequences of an insufficient time margin.
Additional time
6.7. The hourly chauffeur service is booked for a minimum of 4 hours. If the agreed duration is exceeded, additional time is charged as follows:
the first 10 minutes after the agreed duration are free of charge;
once 10 minutes are exceeded, 1 full additional hour is charged;
each subsequent hour started is charged as a full hour.
For example, for a 4-hour booking: up to 4 hours 10 minutes is charged as 4 hours; from 4 hours 11 minutes to 5 hours as 5 hours; and 5 hours 1 minute as 6 hours.
6.8. The rate for additional hours depends on the vehicle class, whether the Service is provided in Baku or in the regions, and other conditions.
6.9. For the daily chauffeur service, each hour beyond the agreed daily working time is charged separately at an increased rate (normally approximately 30% above the standard hourly rate).
Chauffeur working and rest hours
6.10. For the safety of the Passengers, the Chauffeur's daily working time (including waiting time) must not exceed 12 hours. If this limit is exceeded, Proserv may assign a replacement or additional chauffeur; the cost of the additional chauffeur is payable separately by the Client.
6.11. On intercity and long-distance trips, the Chauffeur normally takes a break of at least 15 minutes after every 2 hours of continuous driving; the total break time within every 4.5 hours of driving must be no less than 45 minutes. On multi-day trips, the Chauffeur must be given at least 11 hours of uninterrupted rest between two working days. Breaks form part of the Service duration and are not charged as waiting time.
6.12. Where the Service requires an overnight stay outside Baku, or where the Chauffeur needs rest because work continues until late hours, the Chauffeur's accommodation and meal expenses are borne by the Client. By agreement, these expenses may be:
included in the price;
charged separately; or
arranged directly by the Client (subject to a separate, clean and safe room).
7. Passenger Conduct, Luggage and Personal Belongings
General rules of conduct
7.1. Passengers must comply with the legislation of the Republic of Azerbaijan, traffic regulations and the Chauffeur's safety instructions. Each Passenger is responsible for wearing a seat belt; for minors, the accompanying person and the Client are responsible.
7.2. Passengers, including minors, must not distract the Chauffeur, interfere with driving in any way, or use doors and windows unsafely while the vehicle is moving. The Client is liable for any accident, damage or other consequence resulting from the acts or omissions of a Passenger.
7.3. Smoking cigarettes, e-cigarettes, hookahs or any other tobacco products in the vehicle is prohibited. A cleaning fee of AZN 300 is charged to the Client for any breach of this rule. This does not preclude a claim for compensation of further damage.
7.4. Alcohol may be consumed in the vehicle only with the Chauffeur's consent and in a manner not contrary to law. The Client is liable for any soiling or damage caused by alcohol.
7.5. The carriage of narcotic substances, weapons and ammunition, explosive, flammable, toxic or other hazardous substances, as well as items whose circulation is restricted by law, is prohibited.
7.6. The Chauffeur may refuse to carry a Passenger or suspend a Service already in progress where: the Passenger is under the influence of alcohol or drugs and this creates a risk; the Passenger behaves aggressively, abusively or threateningly; the Passenger requests the Chauffeur to do something unlawful or dangerous; or clauses 7.2–7.5 are breached. In such cases, clause 2.6 applies.
Soiling and damage
7.7. Ordinary soiling resulting from normal use of the vehicle is not charged. Where excessive soiling is found (vomit, food and drink residue, stains, litter, unpleasant odours, etc.), a cleaning fee proportionate to the extent of the soiling is charged to the Client.
7.8. For damage caused by Passengers to the vehicle or its equipment, the Client pays the cost of repair or restoration, as well as reasonable compensation for the period during which the vehicle cannot be used as a result. Proserv documents any soiling or damage with photographs or video.
Number of passengers and luggage
7.9. The number of Passengers may not exceed the limit stated in the vehicle registration documents and set by law. In line with comfort and safety standards, a maximum of 3 Passengers is carried in sedan-class vehicles: 1 in the front and 2 in the rear. For other vehicle classes, the number of Passengers is stated in the Confirmation.
7.10. The volume of luggage must correspond to that stated in the Confirmation. No additional charge applies if the luggage fits safely in the vehicle. If the luggage does not fit, or its placement compromises safety or Passenger comfort, the Client must book an additional vehicle or transport part of the luggage by other means; the cost of the additional vehicle is borne by the Client.
7.11. The Chauffeur assists with loading and unloading luggage. However, Proserv is not liable for the condition of the contents of luggage, in particular fragile, valuable or inadequately packed items.
Pets
7.12. Pets are carried on the following conditions:
the type, number and size of the animal must be notified in advance when booking;
small animals must be carried in a pet carrier, and larger animals on a protective cover and on a lead;
the animal must not interfere with the safety or comfort of the Passengers and the Chauffeur;
assistance animals serving persons with disabilities are always accepted;
soiling and damage caused by the animal are payable in accordance with clauses 7.7–7.8.
The Chauffeur may refuse to carry an animal that was not notified in advance or that behaves aggressively.
Child seats
7.13. When travelling with minors, the Client is responsible for booking a child seat in advance and stating the child's age and weight. Child seats are provided subject to availability and are chargeable where stated on the website or in the Confirmation.
7.14. If a child seat required by law has not been booked, the Chauffeur may refuse to carry the minor without one. This is treated as a cancellation by the Client. If the Client uses their own child seat, the Client is responsible for its suitability and correct installation.
Personal and lost belongings
7.15. Passengers are responsible for their own personal belongings. Proserv is not liable for personal belongings, money, documents or valuables left, lost or damaged in the vehicle.
7.16. Lost items found in the vehicle are kept for 1 month (30 days). Items not claimed within this period may, at Proserv's discretion, be disposed of, donated to charity or handed over to the relevant authorities. Perishable items may be disposed of immediately. Documents and valuables may be handed over to the relevant authorities in accordance with the law.
7.17. All costs related to returning a lost item, including courier or international cargo costs and the value of the time and work spent for this purpose, are borne by the Client.
8. Special Services
Chauffeur-only service (with the Client's vehicle)
8.1. Under this service, Proserv provides only the chauffeur, and the vehicle is owned by the Client or in their lawful use. The Client warrants and is responsible for:
the lawful use of the vehicle and the existence of legal authorisation for the chauffeur to drive it (including a power of attorney, where required);
the validity of the vehicle's registration documents and the compulsory insurance required by law;
the vehicle being technically sound and safe;
fuel, parking and other vehicle-related costs.
8.2. Before the Service begins, the parties record the condition of the vehicle (existing damage, fuel level, equipment) by photographs or a handover report. Proserv is not liable for pre-existing damage that has not been recorded.
8.3. In the event of an accident or incident, fault and liability are determined by the competent authorities in accordance with the law. Where the chauffeur is found to be at fault, liability is governed in the manner provided by law, primarily through the vehicle's insurance cover and subject to the limitations in Section 9. The Client is liable for damage resulting from a technical fault of the vehicle or from missing or insufficient documents or insurance.
8.4. Fines imposed on the vehicle owner as a result of the chauffeur's own traffic violation are reimbursed by Proserv once confirmed. Fines relating to the vehicle's technical condition, its documents or the Client's instructions are borne by the Client.
8.5. This service is normally provided on the basis of a separate written contract or handover report.
Karabakh and areas with a special access regime
8.6. For trips to Karabakh and other areas with a special access regime, Proserv arranges transportation only. Obtaining entry permits for the Passengers and providing the required documents is the Client's responsibility. For citizens of the Republic of Azerbaijan, Proserv may assist with obtaining the permit but does not guarantee that it will be issued.
8.7. During the trip, Passengers must comply with the route, timing, stopping, photography and filming rules set by the competent public authorities.
8.8. Where the trip does not take place because of a missing entry permit or for reasons relating to a Passenger's documents:
| Situation | Charge |
|---|---|
| The Client notifies Proserv that the permit was not obtained before the vehicle sets off | 30% of the booking value (70% refunded) |
| After the vehicle has set off, or if turned back at the entry checkpoint | 100% of the booking value |
8.9. Where access is restricted by a general decision of the public authorities, the force majeure rules (Section 9) apply.
Events and multi-vehicle bookings
8.10. Events, conferences, weddings, delegations and multi-vehicle transportation are arranged on the basis of a written quotation or contract. Payment is governed by clause 4.14 and cancellation by clauses 5.5–5.6.
8.11. The Client must provide the guest list, movement schedule, addresses and contact persons within the agreed time. Schedule changes, late guests and additional waiting are charged under the general rules.
8.12. Vehicles of the same model, colour and year are provided where possible but are not guaranteed unless expressly stated in the contract.
Additional services
8.13. Interpreter, guide, security coordination, courier and other additional services are mainly provided through partners. In such cases, Proserv acts as organiser: it selects the partner, transfers the booking and coordinates the service. The partner is responsible for the quality and outcome of its professional services.
8.14. Where the Confirmation or contract expressly states that an additional service is provided directly by Proserv, Proserv is liable for that service subject to the limitations in Section 9.
8.15. Proserv does not itself provide armed security or other security services requiring a licence; such services are arranged only through coordination with duly licensed organisations.
8.16. Cancellation and amendment terms for additional services may differ from those of the main Service and are stated in the Confirmation. Where they are not stated, for cancellations made less than 48 hours before the service begins, the partner's actual costs and cancellation fees may be charged to the Client.
9. Insurance, Liability and Force Majeure
Insurance
9.1. Proserv's vehicles are covered by compulsory insurance in accordance with the law. Some vehicles may additionally have voluntary comprehensive (KASKO) insurance; this does not apply to all vehicles and is not guaranteed for any specific booking.
9.2. Passengers are responsible for their own personal travel, medical and property insurance, which is recommended.
Limitation of Proserv's liability
9.3. To the maximum extent permitted by law:
1. Proserv is liable only for actual, documented damage caused directly by its own fault.
2. Proserv's total liability for any one booking is limited to 50% of the amount actually paid for that booking, unless otherwise provided by law or a written contract.
3. Proserv is not liable for indirect losses, including missed flights, trains, meetings or events, unused tickets, hotel or other reservations, loss of profit, loss of business opportunity or damage to reputation.
9.4. Where a delay is caused directly by a technical breakdown of Proserv's vehicle en route or by the Chauffeur's error, Proserv accepts responsibility. In this case, Proserv will:
provide a replacement vehicle as soon as possible;
refund, or not charge for, the part of the Service not provided;
compensate substantiated actual damage within the limit set out in clause 9.3.
9.5. Proserv is not liable in the following cases:
traffic congestion, road closures, weather conditions, restrictions imposed by the police or other public authorities, and other circumstances beyond its control;
the actions of other road users and third parties;
the actions or instructions of the Client or Passengers (including minors), or their breach of these Terms;
false or incomplete information provided by the Client;
the contents of luggage and personal belongings left in the vehicle;
the professional services of partners (clause 8.13);
matters relating to the condition, documents or insurance of the Client's vehicle under the chauffeur-only service.
9.6. The limitations in this Section do not apply to liability that may not be limited under the law, including liability for death or personal injury and for damage caused intentionally or through gross negligence.
Client's liability
9.7. The Client is liable for any damage caused to Proserv, the Chauffeur, the vehicle or third parties by their own actions or those of the Passengers, as well as for any fines imposed as a result of such actions.
Accidents, breakdowns and incidents
9.8. In the event of an accident or incident, the Chauffeur acts in accordance with the law, and Passengers must follow the instructions of the Chauffeur and the competent authorities. Where possible, Proserv arranges a replacement vehicle so that the journey can continue.
9.9. If the vehicle cannot continue the journey because of a technical breakdown, Proserv's primary obligation is to provide a replacement vehicle as soon as possible. If this is not possible, payment for the part of the Service not provided is refunded.
9.10. The Client and Passengers must immediately inform the Chauffeur or Proserv of any incident occurring during the Service.
Force majeure
9.11. Neither party is liable for failure or delay in performing its obligations where this results from circumstances beyond its reasonable control, such as:
natural disasters and extreme weather (earthquake, flood, hurricane, heavy snowfall, etc.);
war, military operations, terrorist acts and civil unrest;
decisions and restrictions of public authorities;
epidemics, pandemics and quarantine measures;
closure of borders, roads or airports;
movement restrictions related to mass events, official visits and motorcades;
exceptional traffic congestion caused by accidents, road closures or other unforeseen causes that could not be anticipated under normal circumstances;
widespread interruptions in energy, communications or fuel supply.
9.12. Where a Service cannot be provided due to force majeure, Proserv offers to reschedule the booking to a new date, to be used within 12 months. If the Client declines, the amount paid is refunded less the documented costs already incurred by Proserv for that booking, but no less than 70% of the amount paid.
9.13. Where a force majeure event occurs after the Service has begun, payment for the part actually provided is retained.
10. Complaints, Refunds and Final Provisions
Complaints
10.1. Clients are advised to raise any concerns arising during the Service immediately with the Chauffeur or Proserv so that they can be resolved on the spot.
10.2. Complaints must be submitted in writing to contact@proserv.pro within 7 calendar days after completion of the Service. A complaint should state the booking date, the Client's name, a description of the incident and any available evidence (photographs, video, correspondence). Complaints received after this period are considered by Proserv where possible.
10.3. Proserv responds to complaints within 5 business days. Where further investigation is required, this period may be extended with notice to the Client.
Refunds
10.4. Where possible, refunds are made by the original payment method: card payments to the same card, cash payments in cash or by bank transfer, and bank transfers to the Client's bank account.
10.5. Refunds are normally submitted for processing within 10 business days after the refund amount has been confirmed and the Client has provided the necessary bank details. Processing times of banks and payment systems are beyond Proserv's control.
10.6. For refunds to other countries, bank fees, conversion costs and any delays arising from currency control requirements are borne by the Client. With the Client's consent, the refund amount may be held as credit for future bookings.
Personal data and confidentiality
10.7. Proserv collects the personal data necessary to perform the booking (name, contact details, travel details, payment details) and processes it in accordance with the Law of the Republic of Azerbaijan "On Personal Data". Data is shared with chauffeurs and partners only to the extent necessary to provide the Service and is not sold to third parties.
10.8. For safety and quality control purposes, video recording devices and GPS tracking systems may be used in the vehicles. These recordings are used only for investigating incidents and meeting legal requirements.
10.9. Chauffeurs must keep Passengers' conversations, routes and personal data confidential.
10.10. The Client may opt out of marketing communications and request the deletion of their personal data by writing to contact@proserv.pro, except for data that must be retained by law.
Governing law and disputes
10.11. These Terms are governed by and construed in accordance with the legislation of the Republic of Azerbaijan.
10.12. Disputes are first resolved through negotiation. If a dispute is not resolved within 30 days of a written claim being sent, it may be referred to the competent courts located in the city of Baku. A corporate contract may provide for a different dispute resolution procedure.
Final provisions
10.13. Where the parties conclude a separate written contract, that contract prevails over these Terms; these Terms apply to matters not covered by the contract.
10.14. Proserv reserves the right to amend these Terms at any time. The new version takes effect from the date of its publication on the website. Bookings already confirmed are governed by the version in force at the time of Confirmation.
10.15. If any provision of these Terms is held invalid, this does not affect the validity of the remaining provisions.
10.16. Proserv's failure to exercise any right under these Terms does not constitute a waiver of that right.
10.17. The Client may not assign their rights and obligations under these Terms to another party without Proserv's prior written consent.
10.18. These Terms are published in Azerbaijani and English. In the event of any discrepancy, the Azerbaijani text prevails. In contracts with foreign parties, the governing language may be determined in the contract.
Proserv Executive Transportation
E-mail: contact@proserv.pro
Website: proserv.pro
Last updated: 1 March 2022