GENERAL TERMS AND CONDITIONS FOR ACCESS AND USE OF THE PLATFORM "BUSUP"
1.1. Access and use of the Computer Platform named BusUp (hereinafter the "Platform") is offered by the Spanish company “BUSUP ESPAÑA MOBILITY, S.L.”, with registered office at Avenida de la Marina, no. 1, zip code 08830, Sant Boi de Llobregat, Barcelona, registered in the Trade Register of Barcelona, in Volume 45608, Sheet 75, Page B-493484, with Tax Identification no. B67002527 (hereinafter "BusUp").
1.2. For any questions or doubts related to the access and use of the Platform or related to the present Terms and Conditions of Access and Use (hereinafter the "Terms and Conditions"), an email including the request and contact details may be sent to: email@example.com. Alternatively, the request and contact details may be sent directly to BusUp by ordinary post to the following address: Avenida de la Marina, 1, 08830, Sant Boi de Llobregat, Barcelona, España.
1.3. For the purposes of the present Terms and Conditions, the user will be understood as any person that accesses and browses the Platform, regardless of whether said access is made and formalized by completing registration forms, and/or any person that uses any of the services offered via the Platform, whether free of charge or subject to payment of a specific amount (hereinafter "User").
2. ACCEPTANCE OF THE PRESENT TERMS AND CONDITIONS BY THE USER
2.1. Access and browsing of the Platform automatically implies the express acceptance of the present Terms and Conditions by the User; therefore, Users that access and browse the Platform are exclusively responsible for complying with and respecting the Terms and Conditions. If you do not agree with the considerations detailed in the Terms and Conditions, it is recommended that you refrain from using the Platform, since any use that you make of the Platform, or any services, tools or contents included therein, will imply express acceptance of the legal terms set forth in this document.
2.2. To ensure the highest degree of efficiency of use of the Platform, BusUp may deny or restrict the access of Users who do not respect the present Terms and Conditions, without the need to give prior notice.
2.3. The present Terms and Conditions may be modified by BusUp at any time without prior notice, whenever it is deemed convenient, appropriate or necessary to optimize and/or regulate access and use of the Platform. Once the aforementioned modification has been made, if the User continues to access and use the services, contents or tools of the Platform, it will be understood that said modification is accepted; otherwise, you should refrain from using the Platform.
2.4. Therefore, BusUp may offer, via the Platform and/or the email address provided by the User in the relevant registration form, collective or individual, temporary or special promotional offers, addressed to a certain type of Users, applicable to its services. Promotional offers will be clearly identified and explained, together with the necessary conditions to access them, and express mention of excluded circumstances. Temporary promotional offers will prevail over these Terms and Conditions so that the latter does not conflict with the former, and the provisions of the present Terms and Conditions will remain in effect in all areas that do not contradict the said promotional offers.
2.5. Without prejudice to the present Terms and Conditions, BusUp may establish certain special conditions, which must be complied with in order to access and use certain services offered via the Platform. In case of special conditions being established, and if they conflict with the present Terms and Conditions, the special conditions will prevail, and the provisions of the present Terms and Conditions will remain in effect in all other points that do not contradict the special conditions.
3. BRIEF DESCRIPTION OF THE PLATFORM AND INTENDED USE
3.1. The Platform is set up as a technological platform, aimed at both desktop and mobile devices, with the purpose of providing platform Users with access and, where applicable, reservation and hiring (hereinafter "Technology Services"), of discretionary passenger road transport services (hereinafter "Transport Services"), whose technical implementation shall be fulfilled by third-party transportation entities that are independent from BusUp (hereinafter "Transport Operators").
3.2. To facilitate the hiring of Transport Services, the Platform offers Users a set of technological tools enabling them to send requests for Transport Services, set up filter preferences, and to receive requests from BusUp, among other functions.
3.3. In addition, Users will have access to a varied range of suppliers, products and services, which, where appropriate, BusUp may decide to offer at any time. In case Transport Services is hired through the particular webpage of a supplier, product or specific service created for that purpose, the contract will be governed by the specific terms and conditions that will be defined individually for the webpage. These specific terms and conditions will prevail, without prejudice, over the present Terms and Conditions, being applicable to all aspects that do not contradict the specific terms and conditions of each offer and/or promotion of a supplier or specifically and individually offered product or service.
3.4. Notwithstanding the foregoing, BusUp will be authorized to modify, at any time and without prior notice, the contents and features of the Platform, deleting, modifying, adding new contents or subjecting them to specific conditions, as well as modifying its design, image, layout and configuration, without bringing about any alteration to agreements or to the business relationship between BusUp and the User.
3.5. To access the platform, you must have a desktop computer, mobile device and/or tablet, with the necessary technical specifications and configuration for the Platform to function properly, and Internet connection. Such connection costs will be borne exclusively by the User.
3.6. If it is necessary to interrupt or modify the Technological Services of the Platform, BusUp reserves the right to do so without prior notice or without assuming any User or third-party liability.
4.1.1. BusUp gives the User access, via the Platform, to a range of contents, information and data related to Transport Services (hereinafter "Contents"). BusUp reserves the right to modify, at any time, the presentation, configuration and location of the different sections of the Platform, as well as its Contents.
4.2. Access and use of the Platform
4.2.1. Access to the Platform is limited to legal persons over the age of fourteen (14) years. Notwithstanding the foregoing, access to certain Contents and/or participation in certain offers made available by BusUp may be limited to persons of legal age or emancipated minors, according to the provisions of the corresponding special conditions established for that purpose.
4.2.2. In general terms, the User may access the Platform freely and free of charge. The User acknowledges and accepts that access and use of the Platform is carried out freely and consciously, under its sole responsibility. Under no circumstances will BusUp be liable for the use that the User and/or thirdparties make of the Platform, or of any damages incurred deriving from such use.
4.2.3. The appropriate behavior of Users is an essential element for the proper functioning of the Platform and the successful operation of the Transport Services. The User declares under its own responsibility that it will act in compliance with the applicable regulations, in a responsible, respectful and diligent manner, and in total good faith.
4.2.4. Below is a description of the code of conduct that Users must comply with to access and use the Platform, as well as the Transport Services, and Users are hereby advised that compliance with the following provisions is an essential condition for using the Platform, and, in turn, the effective provision of the Transport Services.
4.2.5. The User is expressly prohibited to engage in the following conducts:
a) Use the Platform in a manner that conflicts with the principles established in the present Terms and Conditions.
b) Use the Platform in a non-authorised or fraudulent manner.
c) Use the Platform for purposes other than those for which it is intended.
d) Access or try to access restricted resources of the Platform.
e) Use the Platform for purposes that are illicit, illegal or contrary to the provisions of the present Terms and Conditions, good faith and public order, harmful to the rights and interests of third parties, or which may in any way damage, disable and/or overburden, or prevent the normal use or enjoyment of the Platform.
f) Cause damage to the Platform or the systems of its providers or any other third parties.
g) Use the Platform in any way which could cause damage, interruption, inefficiency or defect to its functionality, on a third-party computer or the Platform.
h) Introduce or spread computer viruses or any other physical or logical systems that are capable of causing damage to the systems of BusUp, Users and / or any other third party.
i) Use the platform for the transmission, installation, or the publication of any viruses, malicious code or other programs or harmful files, or any material of a defamatory, offensive, racist, vulgar, degrading, pornographic, or of obscene or menacing nature, or which may cause annoyance to any person.
j) Attempt to access, use and/or manipulate the data of BusUp, Users or any other third party.
k) Reproduce or copy, distribute, enable public access through any form of public communication, transforming or modifying Contents, unless authorization is granted from the relevant copyright holder or it is legally permitted.
l) Obtain or attempt to obtain contents using means or procedures other than those which, depending on the case, have been made available for this purpose.
m) Register and/or create false identities on the Platform, acting on behalf of third parties without the sufficient power or legitimacy and/or impersonating another person’s identity.
n) Violate the rights of third parties, in particular, industrial and intellectual property rights.
o) Fail to tell the truth, falsify documents, signatures, violate laws, regulations or applicable rules.
p) Manipulate or alter the tools of the Platform to trade with third parties or other Users in a manner other than that stated in the present Terms and Conditions.
q) Fail to observe the rules and default processes for accessing and using the Platform, employing methods that may cause damage to the Platform or third-party systems.
r) Express opinions, comments or statements in public forums of the Platform that BusUp makes available to Users, which may be offensive, humiliating, insulting, defamatory, illegal or cause any type of damage or harm to natural and legal persons. Under no circumstances will BusUp be responsible for any of these views, comments or statements. Notwithstanding the foregoing, BusUp will adopt the necessary corrective measures at its disposal to prevent or eliminate these opinions or statements, with the understanding that the technology and media available to BusUp does not allow for constant monitoring and surveillance of the contents of the public forums.
s) Use the Platform in a way that constitutes a violation of the rights of BusUp and/or any third party.
t) Carry out communications on behalf of BusUp.
u) Use the platform to transmit advertising or promotional material, including spam, chain emails, or similar. The User is not authorized to make reference to commercial offers.
v) Access without authorization to any section of the Platform, other systems or networks connected to the Platform, to any BusUp server, or to the Transport Services offered by the Platform, via piracy and forgery, password mining, or any other illegitimate means.
w) Breach, or try to breach, the security or authentication measures of the Platform or any connected network.
x) Take any action that causes disproportionate or unnecessary saturation of the Platform infrastructure, or of BusUp systems and networks, as well as systems and networks connected to the Platform.
y) Prevent the normal implementation of any activity available through the Platform or any of its features, whether by altering or trying to alter, illegally or otherwise, the access, participation or functioning, falsifying the outcome and/or using fraudulent methods of participation, by means of any procedure and/or practice that threatens or violates, in any way, the legality and/or the present Terms and Conditions.
4.2.6. The User expressly agrees and undertakes not to use the Platform or manipulate or alter its tools to transmit information or marketing material, products or services of any kind or nature that is illegal, offensive or defamatory, or to trade with third parties or other users in a manner different from that stated in the Terms and Conditions.
4.2.7. In the event the User has access to confidential information, it undertakes to use it exclusively for the purposes for which said information has been disclosed, always respecting said confidentiality. Therefore, the User undertakes to not use the Platform to collect personal data of other Users;
4.2.8. The User may only access the platform via the means authorized at any time by BusUp for this purpose. It is the exclusive responsibility of the User to ensure that it has downloaded the correct Platform to its mobile device and/or computer.
4.2.9. Under no circumstances will BusUp be held liable for the User not having a compatible device or having downloaded a version of the Platform that is incompatible with their device.
4.2.10. BusUp, at its own discretion, may terminate access to the Platform, immediately, and without prior notice, if the User's conduct does not comply with the present Terms and Conditions.
4.2.11. To gain access to the Platform, it is necessary to have a device with the required technical specifications and configuration for the proper functioning of the Platform, as well as an Internet connection. Costs related to the aforementioned Internet connection shall be borne exclusively by the User, who will also be solely responsible for having the necessary means to access the Platform.
4.3. Registration: Obtaining a User account
4.3.1. To access the Platform, the User must have been previously registered according to the instructions indicated therein, through the home screen that provides access to the Platform, and the corresponding online registration form should be completed, or alternatively, by linking your User account of the Platform with your Facebook social network account, or with any other social network authorized by BusUp for this purpose (hereinafter the "User Account").
4.3.2. Whether the User Account is created by completing the registration form or by linking it to a Facebook User account, or to any other social network authorized for this purpose, BusUp will have access to certain information and data.
4.3.3. In any case, the User Account will be linked to the login information comprising an email and password (hereinafter "Login Information"), which will be used after the User Account has been created to log in to the Platform and to access the Transport Services.
4.3.4. The User guarantees, under its exclusive responsibility, the accuracy and veracity of the information provided to the Platform, which should be kept updated at all times, expressly exempting BusUp of any consequences and/or damages that any inaccuracy or falsehood may cause to third parties or the User.
4.3.5. User Login Information is completely individual and non-transferable, assigned singly and exclusively to the relevant User according to the personal identity data provided in the registration process, being the User liable towards BusUp and towards any other third party for the correct use, loss and non-transmission or disclosure to third parties, legal and/or natural persons, who are not the aforementioned User, unless such person is authorized by the User to contract on their behalf.
4.3.6. In the event of any loss or theft of Login Information, unauthorized use of the Platform or corresponding codes, as well as any other case of breach of security of the Platform of which the User is aware, the User undertakes to immediately notify BusUp of the incident. In this case, the User may request to be provided with another identification code and password to log in to the Platform.
4.3.7. BusUp assumes no obligation and does not hold the technical means to check the identity of the persons registered on the Platform. Therefore, under no circumstances will BusUp be held liable in the event of User identity theft.
4.3.8. BusUp reserves the right to reject, at its own discretion, any application for registration whose content is not suitable for the purpose of the Platform, as well as to unsubscribe and delete any User account that does not comply with any of the obligations set forth in the present Terms and Conditions, and, in such case, the User will not be entitled to make any claims against the deletion of the account.
4.3.9. After providing its Login Information, the User accepts the responsibility to comply with the rules and conditions set forth in the applicable legislation, including, but not limited to, legislation on data protection and provision of information society services, exempting BusUp from any liability should the User fail to meet the above rules and conditions.
4.3.10. In the case of loss of the password associated with the User Account, the User may request a change of password. To request a change of password, the User must enter the section “Forgot password?” at the time of login. Upon entering this section, the User must enter the email address associated with the User account, and it will receive an email with a new password to log in to the Platform.
4.3.11. BusUp may, at any time and at its sole discretion, block or cancel any User Account, with immediate effect and without prior notice, for any breach of the provisions set forth herein, as well as reject a new registration, being the Users liable for any losses or damages caused by the breach of the present Terms and Conditions.
5. GENERAL CONTRACT CONDITIONS
5.1.1. While the technical implementation of the Transport Services will be carried out by the aforementioned Transport Operators, direct liability for the effective provision of the Transport Services hired by the Users through the Platform will fall upon BusUp. However, BusUp is not liable for any breach that is not directly attributable to the Transport Operators or produced by unforeseen circumstances, force majeure, and/or due to meeting legal or administrative requirements. Moreover, BusUp is not liable for missed connections of transports, provided by BusUp or by third parties.
5.1.2. All the foregoing shall be understood without affecting the liability or changing the rights of the User, which, where applicable, may be inherent to its consumer status and may not be excluded according to the current applicable law.
5.1.3. BusUp undertakes to require Transport Operators to comply with safety and labor requirements, in accordance with the current legislation of the countries in which it operates.
5.1.4. To this end, BusUp undertakes to require Transport Operators to comply with the mandatory requirements of the transportation sector, in accordance with the applicable laws and regulations, from time to time, and in particular the following requirements:
a) Have documentary proof of having passed the vehicle inspection test for the vehicle used to provide the relevant Transport Service.
b) Have the registration certificate for the vehicle used to provide the relevant Transport Service.
c) Have the necessary insurance policy for the motor vehicle used to provide the relevant Transport Service.
d) Have an unlimited passenger and civil liability insurance policy for the vehicle used to provide the relevant Transport Service.
e) Have the necessary authorizations for the effective provision and execution of the Transport Service.
5.1.5. In the event that, due to the breakdown of the assigned vehicle, the Transport Service hired by the User is interrupted or delayed for reasons directly attributable to the Transport Operator, BusUp will be liable for resolving the incident, by replacing the affected vehicle in the shortest possible time.
5.1.6. Liability for damages or losses caused to the luggage of the Users of the transport will be determined, limited and quantified in accordance with the applicable laws related to people’s rights when using transportation by bus.
5.1.7. Under no circumstances with BusUp be liable for any robbery or theft of Users' personal effects that may occur before, during, or after the effective provision of the Transport Services.
5.1.8. BusUp expressly undertakes to require that Transport Operators respect the departure/start times of the Transport Services hired by the Users. Therefore, boarding the assigned vehicle for the Transport Services will not be permitted once the start/departure time for the scheduled Transport Service has passed. For this reason, BusUp recommends Users to arrive at the stop indicated by the relevant Transport Service at least fifteen (15) minutes in advance.
5.1.9. Users with a reduced mobility status must notify BusUP of this situation prior to requesting the booking, so that the possibility and feasibility of the journey may be assessed according to its features.
5.1.10. For these purposes, a person with reduced mobility is understood as any person whose mobility to participate in the journey is reduced due to a physical disability (sensory or locomotor, permanent or temporary), disabilities or intellectual impairment, or any other cause of disability, or due to its age, and whose situation requires the suitable assistance and adaptation for their specific needs of the service made available to other participants of the journey.
5.2. Type of services
5.2.1. Among its services, BusUp will provide on-demand collective Transport Services (hereinafter, "On-Demand Routes"), organized by the User that creates the transport route (hereinafter, the "Route Organizer"). In this case, the Route Organizer may, among other services, create, reserve and pay for On-Demand Routes, as well as invite passengers to join the route, share the payment with them, and manage the payment collection for the shared service.
5.2.2. Notwithstanding the foregoing, when it is deemed appropriate, BusUp may also create default routes for specific events, (hereinafter "Default Routes"). In this case, the Default Routes created by BusUp will appear in the BusUp Platform, and Users can reserve these routes by making a direct payment for the Transport Service.
5.3. Special Clients with Customized Contracts
5.3.1. BusUp may enter into contracts with natural and / or legal persons who, by the nature and volume of their transportation needs, are interested in and wish to benefit from, for themselves or for potential third party users of the Platform, customized Transportation Services provided by BusUp ( hereinafter referred to as "Special Clients"), including, but not limited to, the establishment of specific terms for the creation, management and marketing of default transportation routes for events and the special configuration of the Platform (hereinafter "Customized Contracts").
5.3.2. The execution of Customized Contracts with BusUp by Special Clients automatically implies the express acceptance of these Terms and Conditions.
5.3.3. Special Clients are required to comply with these Terms and Conditions and to respect them under their exclusive responsibility, whenever this is not contrary to or inconsistent with the terms and conditions of the Customized Contracts entered into with BusUp, the Policy of Privacy available on the BusUp Platform, with the specific terms and conditions and privacy policies that are created for such Customized Contracts or any applicable legal provision.
5.4. Reserving On-Demand Routes via the Platform
5.4.1. If a Transport Service is hired (and paid for, or, where appropriate, booked) more than seven (7) calendar days prior to the start date of the service, the selected route of the specific Transport Service will be automatically confirmed, and, as necessary, its effective implementation will be automatically guaranteed. However, in the event that the Transport Service reserved through the Platform in the aforementioned period is not paid for at least more than seven (7) calendar days before the start date of the service, the selected route will be automatically canceled.
5.4.2. The User may not hire a Transport Service less than seven (7) calendar days prior to the start date of the service. In this case, the User must consult BusUp, either by telephone or email, via the number or contact address provided by BusUp to the User for that purpose.
5.5.1. The number of transported passengers must not exceed the number of authorized seats in the vehicle reserved for each specific Transport Service, which means that all minors are included in the total number of transported passengers.
5.5.2. Children under the age of eighteen (18) years may travel alone, under the responsibility of their parents and/or legal guardians. When over fifty percent (50%) of the vehicle's capacity comprises minors under eighteen (18) years of age, they must be accompanied by at least one adult. In all of these cases, BusUp reserves the right to request the corresponding authorizations issued by the parents or legal representatives of the minors, as well as to deny boarding to any minors that do not have said authorization.
5.5.3. In the case of On-Demand Routes, the Route Organizer may send invitations by means of an authorization code supplied previously by BusUp to the Route Organizer (hereinafter, the "Invitation Code") to those travelers (hereinafter, the "Guest Users") that wish to use the Transport Service created by the Route Organizer, until the capacity of the vehicle associated with the aforementioned Service has been filled. In these cases, BusUp will not be liable for the improper use of the invitations, in such a way that it will consider the capacity of the Transport Service closed once it has been filled by Users via the Platform. To avoid potential problems, the Route Organizer will be responsible for properly managing the sending and eventual use of the Invitation Codes.
5.5.4. BusUp reserves the right to deny transport to a traveler if it considers that:
a) it is necessary or convenient for reasons of public safety;
b) it is necessary or convenient in order to comply with the applicable laws or regulations in the country of origin, destination or stop;
c) it is necessary or convenient due to the behavior, state, age or mental or physical condition of the passenger;
d) it is necessary or convenient to avoid damage, discomfort or serious inconvenience to other passengers or the driver;
e) it is necessary or convenient because the passenger has previously and repeatedly failed to comply with BusUp rules and regulations;
f) the passenger has presented a document:
i. suspected of being acquired in an illegal manner,
ii. that has been reported as lost or stolen, or
iii. that is suspected to be false or contains modifications or alterations of any kind not made by the carrier.
5.6. Non-smoking policy
5.6.1. It is absolutely forbidden to smoke in the vehicles in which BusUp provides its Transport Service.
5.7.1. For each journey, the User has the right to transport, free of charge, up to a maximum of twenty-five (25) kg of luggage.
5.7.2. Regarding the dimensions, an exact maximum size is not stipulated, however, the sum of the three sides (length, width and height) must not exceed 158 cm under any circumstances (length + width + height < 158 cm max.).
5.7.3. Transporting bicycles, surfboards, skis, and other large objects, will be subject to the availability of space in the assigned vehicle of the Transport Operator for the relevant transport.
5.7.4. For this reason, BusUp provides Users with an email address to check the availability of space for this type of baggage: firstname.lastname@example.org.
5.7.5. It is forbidden to transport any animal in the passenger compartment, except for assistance dogs. To transport small pets, it is necessary to consult in advance by email, to the email address indicated in the previous section.
5.7.6. BusUp will not be liable for any physical or psychological damage that the trip may cause to animals that travel inside the vehicle.
5.8. Payment and billing conditions
5.8.1. The total price of the specific Transport Service hired through the Platform will be communicated to the User via the Platform, prior to the reservation and payment process of the aforementioned Transport Service, for its effective confirmation and validation by the User.
5.8.2. The cost of the Transport Service hired through the Platform will be automatically charged through the Platform, at the moment in which the User, or, where applicable, the Users, confirm the payment, using the information of the credit or debit card provided through the payment gateway incorporated in the Platform.
5.8.3. For On-Demand Routes, payment of the cost of the Transport Service reserved by the User via the Platform may be made in full by the User who made the reservation, that is, the Route Organizer User of each specific Transport Service, or alternatively, the cost of the Transport Service may be divided among the passengers who will make the specific trip.
5.8.4. In the event that the Route Organizer User pays the entire amount for the Transport Service, he/she will pay the amount calculated by the algorithm of the payment gateway integrated in the Platform for this purpose.
5.8.5. If the amount to be paid for the Transport Service is divided between the different passengers, the Route Organizer will establish the number of passengers that will be part of the Transport Service, and then the algorithm of the Platform will calculate the corresponding price per passenger. In this case, the Route Organizer may or may not display the status of passenger in the relevant Transport Service, and must specify the status at the time of establishing the number of passengers and the price per person.
5.8.6. Therefore, once the price per passenger for the corresponding Transport Service has been calculated, the Route Organizer may establish a price per passenger that is different from that calculated by the algorithm, by which means the Route Organizer may obtain a profit margin, which will also be calculated using the Platform algorithm.
5.8.7. The aforementioned profit margin will only be paid by BusUp to the Route Organizer in case of effective execution of the trip booked and organized by the Route Organizer.
5.8.8. Once the route has been created, with its corresponding payment method, the Platform will supply the Invitation Code to the Route Organizer, so that other Users that are going to be passengers of the route created by the aforementioned Organizer, may: (i) join the route, (ii) obtain all the details related to the route, and (iii) pay their proportionate part of the price for the Transport Service, according to that established by the Route Organizer.
5.8.9. Notwithstanding the foregoing, whenever it is deemed appropriate, BusUp may create Default Routes for specific events. In this case, the Default Routes created by BusUp will appear on the BusUp Platform and Users may reserve them by making a direct payment for the Transport Service.
5.8.10. In the case of the Default Routes created by BusUp, these may only be reserved by making the effective payment for the cost of the Transport Services.
5.8.11. The Default Routes may be cancelled by BusUp with a minimum previous notice of seven (7) calendar days before the departure date, if the minimum percentage of occupancy of the Default Route has not been reached within the relevant term set forth by BusUp for this purpose. In case of cancelation, BusUp must reimburse the price paid by the User at the time of booking, the User or third parties not being entitled to any other compensation.
5.8.12. In any case, Users must make payments by credit or debit card (American Express, Visa, Maestro, MasterCard, UnionPay, ATM and/or MB Way), being these the only accepted means of payment on the Platform.
5.8.14. Hence, the User agrees and expressly undertakes to comply with the terms and conditions of use and privacy policies for third-party websites that, when necessary, are accessed through links provided via the Platform.
5.8.15. Likewise, all offers and discounts, as well as their conditions of use, will be made available on the Platform. BusUp reserves the right to restrict use and to recover the amount related to offers, invitations and discounts from those Users who make an inappropriate, illegal or abusive use of the same.
5.8.16. Users are strictly forbidden for a User to create different accounts on the Platform, or to share an electronic payment method with other Users, in order to illegally benefit from discounts and invitations, which may result in the temporary or permanent cancellation of the Platform User Account, as deemed appropriate by BusUp in each case.
5.8.17. Invitations and discounts become invalid three (3) months after being issued. In addition, BusUp expressly reserves the right to modify the initial Terms and Conditions for offers and discounts at any time. For all purposes, it should be noted that the value of the invitations or discounts may, if applicable, be limited to certain categories of vehicles.
5.8.18. The User expressly authorizes BusUp to issue the relevant invoices for Transport Services electronically in PDF format, and to further send the invoices by email. Consequently, the aforementioned invoices will be sent to the email address provided by the User in the registration form on the Platform.
5.8.19. However, Users may withdraw this authorization at any time by emailing email@example.com, and requesting the issuance and receipt of the corresponding invoice in paper format, free of charge.
5.9. Cancellations and Refunds
5.9.1. The Route Organizer may cancel an On-Demand Route at any time. Depending on the time that the cancelation order is made, the Route Organizer may or may not be entitled to a full or partial refund of the price of the Route.
5.9.2. In the event that the Route Organizer has the right to receive a refund of the price of the Transport Service of an On-Demand Route with a one-time payment, BusUp undertakes to effect the refund to the Route Organizer within a period of fifteen (15) calendar days immediately after receipt of the cancellation request.
5.9.3. In the event that the Route Organizer has the right to receive a refund of the price of the Transport Service of an On-Demand Route with shared payment, BusUp undertakes to effect the refund to all Guest Users and to wthe Route Organizer, who have made the payment of the Route, within a period of fifteen (15) calendar days immediately after receipt of the cancellation request.
5.9.4. In the event that the Route Organizer requests cancellation of the Transport Service of an On-Demand Route, at least forty-eight (48) hours prior to the departure time of the aforementioned Transport Service, by sending an email to firstname.lastname@example.org, he/she is entitled to receive from BusUp a one hundred percent (100%) refund of the price of the relevant Transport Service, and a one hundred percent (100%) refund of the profit margin that may have been applied.
5.9.5. In the event that the Route Organizer requests cancellation of the Transport Service of an On-Demand Route, less than forty eight hours (48) and until twenty-four (24) hours prior to the departure time of the aforementioned Transport Service, by sending an email to email@example.com, he/she is entitled to receive a refund from BusUp of up to fifty percent (50%) of the price of the relevant Transport Service, and a one hundred percent (100%) refund of the profit margin that may have been applied.
5.9.6. In the event that the Route Organizer requests cancellation of the Transport Service of an On-Demand Route, less than twenty-four (24) hours prior to the departure time of the aforementioned Transport Service, by sending an email to firstname.lastname@example.org, he/she will not be entitled to receive any refund of the price of the relevant Transport Service, but he/she will have the right to receive a one hundred percent (100%) refund of the profit margin that may have been applied.
5.9.7. Any refunds or returns of the price of the Transport Service or profit margin will include a deduction of the management costs, which may vary according to the amount and the rates applied by the provider company of the payment gateway.
5.10. Default Routes
5.10.1. No returns or claims of refund of any kind will be accepted for the purchase of tickets of Default Routes.
5.11.1. The User that purchases a Transport Service of an On-Demand Route will have the right to make a change to the date, time and/or vehicle for the relevant Transport Service, if the aforementioned change request is made more than twenty-four (24) hours prior to the departure time of the aforementioned Transport Service, and is sent by email to email@example.com. These changes will not entail any surcharge and/or commission, all of the foregoing without prejudice to payment of the difference that, where applicable, could exist between the price of the relevant Transport Services.
5.11.2. Likewise, BusUp reserves the right to modify, at any time, the schedules, route and stops of the Default Routes. However, BusUp undertakes to notify Users in advance of any modification, more than twenty-four (24) hours prior to the departure time of the aforementioned Transport Service.
6. PROTECTION AND OPERATION OF THE PLATFORM
6.1. BusUp will keep the Platform operational throughout the year, twenty-four (24) hours a day, to the extent that the state of technology permits.
6.2. Likewise, BusUp reserves the right to totally or partially modify or interrupt access to the system temporarily, in whole or partially, when required to do so by the maintenance, updating or repair of the system or Internet server, without the need to notify the User.
6.3. If the User detects any anomaly, third-party interference, system or operation errors of the Platform, they must notify BusUp immediately so that the issue can be solved.
7. LINKS BETWEEN WEB PAGES AND COOKIES
7.1. Any people or entities that intend to establish a hyperlink between their website and the Platform (hereinafter, the "Hyperlink") must fulfil the following conditions:
7.2. The Hyperlink will only allow access to the home page of the Platform, but under no circumstances may it replicate it in any way.
7.3. A "frame" may not be created on the pages of the Platform.
7.4. There will be no false, inaccurate or incorrect statements or claims about BusUp, its directors, employees, or the Technology or Transport Services offered via the platform.
7.5. There will be no statements or implications that BusUp has authorized the Hyperlink or that it has supervised or assumed in any way the corresponding Technological and/or Transport Services offered or made available, in each case, on the website where the Hyperlink is established.
7.6. Apart from the signs that form part of the Hyperlink, the web page on which the Hyperlink is established shall not contain any trademark, trading name, business sign, name, logo, slogan or any other distinctive sign belonging to BusUp.
7.7. The web page on which the Hyperlink is established shall not contain any illegal, immoral or indecent information or content, according to good customs standards and public order, nor shall it contain any content that violates the rights of third parties.
7.8. The establishing of the Hyperlink does not imply, under any circumstance, the existence of relations between BusUp and the owner of the website on which it is established, nor does it imply that BusUp accepts and approves of its contents or services.
7.9. BusUp provides Users with connections to links to facilitate access to information, digital and/or Transport Services, and to other contents available on the Internet. The connections and links provided on this Platform may direct the User to other websites and web pages managed by third parties, over which BusUp does not have any type of control.
7.10. BusUp assumes no obligation to monitor or verify the information or content of the other websites or web pages that may be accessed through existing Hyperlinks on the Platform.
7.11. BusUp exclusively assumes the obligation to remove from the Platform, as soon as possible, any information, content or services that violate any applicable regulations in accordance with current legislation. The Hyperlinks that may be contained on this website are provided exclusively as references of information, without any assessment being made of the contents, owners, services or products offered via the links. Under no circumstances will the aforementioned links be considered as endorsement, sponsorship, or distribution by BusUp of the information, products and/or services, or, in general, any contents owned, offered or in any way disclosed by third parties. BusUp is exempt from any liability related to the services or products offered by said third parties in relation to any claims of any nature and to any claims that may be filed in relation to them.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
8.1. The User expressly acknowledges, for all relevant purposes, that the information, signs, images, designs, logos, animations, videos, texts, as well as other elements and contents, including Technology Services and computer applications, of the Platform are subject to industrial and intellectual property rights owned by BusUp and/or third-party holders, who have duly authorized their inclusion on the Platform, and therefore the User is not granted any rights over said contents, except, where applicable, those that may be expressly recognized.
8.2. Users accessing the Platform may view the information contained therein and privately download or reproduce said content on their computer system, provided that the copied elements are not subsequently transferred to third parties or installed on a server connected to the Internet or a local network.
8.3. As a result, the User will not be entitled to, including but not limited to, distribute, modify, transform, transfer, make available to the public, or carry out any other activity that has not been expressly authorized with the aforementioned elements and content, including the computer code of any of the elements of the Platform.
8.4. The User will be directly responsible for all consequences, damages and losses caused to BusUp and/or any third party due to violating any of the obligations contained in this clause 8.
8.5. The User that sends any type of content to the Platform, expressly guarantees that they possess all of the necessary rights to do so, exempting BusUp from any liability for the content or legality of the supplied information.
8.6. The User acknowledges that BusUp has the right to modify the contents inserted by him/her so that they are suitable and compatible with the technical and aesthetic features of the Platform.
9. DATA PROTECTION
10. WARRANTY AND LIABILITY DISCLAIMER
10.1. Notwithstanding the limitations established in the current legislation, BusUp is not liable for damages of any kind, which may arise from the lack of accuracy, completeness, timeliness, or errors or omissions that may affect the information contained in the Platform, or other content that may be accessed originating from sources other than BusUp.
10.2. BusUp is not liable for any damages or losses caused by the improper use of the Platform by Users. Users must refrain from carrying out acts of any kind that violate the applicable legislation.
10.3. BusUp will not be obliged to repair direct or indirect damages caused by incomplete, incorrect and/or untruthful information, provided in the framework of the Platform, nor is it responsible for the behavior of Users, including potential infringements and/or insolvency situations that they may experience.
10.4. BusUp does not guarantee the availability, continuity or infallibility of the operation of the Platform and, therefore, to the maximum extent permitted by the current legislation, is not liable for damages of any kind that may arise from the lack of availability or the continuity of the operation of the Platform, and the technological services provided therein, as well as any errors in accessing the different web pages or those from which, where applicable, said technological services are provided.
10.5. BusUp does not assume any liability for computer damage or damages of any other kind or nature that the Platform may eventually cause the User upon accessing the Contents of the Platform. Consequently, BusUp does not guarantee the absence of viruses or any other malware that may damage or otherwise alter the computer systems, electronic documents, or User or third-party files.
10.6. Notwithstanding, BusUp undertakes to take all reasonable action within its power to eliminate said viruses or other malware, from the moment it becomes aware of their existence.
10.7. Under no circumstances will BusUp be liable for any damages incurred due to the User failing to comply with the present Terms and Conditions.
10.8. By subscribing to these Terms and Conditions, the User expressly declares and guarantees to hold BusUp harmless, as well as its parent company, directors, partners, employees, collaborators and advisors from any claims which may arise from:
a) A violation by the User of the present Terms and Conditions, or of the applicable regulations in the framework of the Platform and Transport Services hired through the Platform.
b) A breach or violation by the User of any third-party rights, including but not limited to, the rights of Transport Operator, drivers or pedestrians.
c) Misuse of the Platform by the User.
11.1. BusUp may send as many notifications and/or communications as it deems appropriate through a general message displayed on the Platform homepage, in particular, regarding modifications to the Platform.
11.2. BusUp may also send the User by e-mail, to the address provided by the User in the registration form, messages it deems appropriate, as long as the User has previous and expressly authorized messages of such nature in their registration form or in their personal area.
11.3. Messages send by BusUp regarding the execution or performance of a contract with the User (not including promotional e-mails), responses to requests of the User and Users’ rights do not require previous and express consent from the User.
11.4. The User may withdraw the authorizations of notice at any time in his personal area or by emailing firstname.lastname@example.org, and requesting that the sending of informational and promotional emails be stopped.
11.5. The User may send as many notifications and/or communications as he/shedeems appropriate to BusUp within the framework of access and use of the platform by sending an email to email@example.com.
12.1. Users may not assign their rights and obligations arising from these Terms and Conditions without the express and written consent of BusUp.
12.2. BusUp may assign, without the need to obtain the prior consent of the User, these Terms and Conditions to any entity within its group of companies, throughout the world, as well as to any person or entity that succeeds from any area of its business activity.
13. UNSUBSCRIBING A USER ACCOUNT
13.1. Users may deactivate their User Account of the Platform at any time, in their personal area or by sending an email to firstname.lastname@example.org. Users shall, upon cancelation, indicate the reasons why they want to stop using the Platform.
14. APPLICABLE LAW AND JURISDICTION
14.1. Notwithstanding the imperative rules applicable in each country where BusUP operates, the access and use of the Platform, as well as interpretation, compliance and enforcement of the present Terms and Conditions shall be subject to the provisions of Spanish law.
14.2. In case any condition or provision of these Terms and Conditions or the application of any condition or provision to any person or circumstance is considered, partially or totally, void, ineffective or non-enforceable by a competent court, such condition or provision shall be interpreted in a manner that allows its applicability in accordance with the laws in force in the maximum possible extent permitted by law. The voidness, ineffectiveness or non-enforceability of a condition or provision shall not affect any of the other conditions or provisions herein stated, provided that the goals and the economic reasoning of these Terms and Conditions are not affected.
14.3. Any dispute arising from the present Terms and Conditions, or the use of the Platform, shall be submitted to the jurisdiction of the Courts of the registered address of the User.
2. Purpose of collecting personal data and storage period.
Personal data consists of information relating to an identified or identifiable natural person; it is considered as identifiable a natural person who may be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, identifiers by electronic means or by reference to one or more specific elements of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
BusUp collects the personal data of Users, such as the name, address, telephone number, and email (hereinafter “Personal Data”) through various means, for example, the Registration Form for the Application and Website. Unless indicated otherwise, and without affecting the voluntary nature of the provision of Personal Data to BusUp, may prevent BusUp from entering into a provision of services agreement with the User, and may also affect the quality of the services rendered by BusUp.
Users' Personal Data will be included in automated files belonging to BusUp, which will be reported to the data control authorities in accordance with the law. This Personal Data will be used solely for the purposes of maintaining appropriate relations with the Users; to give Users access to the service rendered by BusUp, to provide, manage, operate, expand and improve the services and/or contents offered to Users in the Application and the Website, as well as to adequately deal with any enquiry or request for information from the Users and, where applicable, in order to send information on BusUp's services or activities that may be of interest to the Users. Under no circumstances will BusUp send users advertising and communications for sales purposes or any other communications of a commercial nature without receiving a request or obtaining their express consent beforehand.
The period during which Personal Data is stored and maintained varies depending on several factors, in particular, the duration of the User's enrollment in the Application and Website. There are legal requirements that require that Personal Data is kept for a minimum period of time. Thus, and whenever there is no specific legal requirement, Personal Data will be stored and maintained only for the minimum period necessary for the purposes that led to its collection or subsequent processing or, for the period of time authorized by the control authority of the respective country, after which they will be eliminated.
3. Users' rights and applicable law
BusUp respects the personal data legislation applicable in the countries where it operates, in particular, and without limitation:
¥ In Spain: Organic Law 15/1999 of 13 December on the Protection of Personal Data (LOPD) and its development regulations; Royal Decree 1720/2007 of 21 December, which approves the Regulation of the LOPD; and Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce.
¥ In Portugal: Law no. 41/2004 of 18 August on privacy in the field of electronic communication; and Law no. 67/98, of 26 October, on the protection of personal data.
Users may at any time exercise their rights of access, rectification, cancellation and opposition to their Personal Data being processed, by sending a request to the following e-mail address: email@example.com.
Moreover, at a later date, if Users wish to withdraw their consent to receive business information via email or any other similar or equivalent means, they can send, at any time, a request by email to firstname.lastname@example.org.
If the User considers that any right to personal data has been violated, he/she may also submit a complaint to the control authority in his/her country, in particular
¥ In Spain: To Agencia Española de Protección de Datos (http://www.agpd.es)
¥ In Portugal: To the National Commission of Data Protection (https://www.cnpd.pt)
A cookie is a file that is downloaded onto your computer when you access certain websites. Among other things, cookies let websites store and retrieve information on users' browsing habits or that of their computers and, depending on the information they contain and the way they use the computer, can be used to recognize users. The user's web browser memorizes cookies on the hard disk only during the current session, occupying a minimum amount of memory and without harming the computer. Cookies do not contain any kind of specific personal information and the majority of them are deleted from the hard disk upon ending the web browser's session (so-called session cookies).
The majority of web browsers accept cookies as standard and, regardless of the cookies, they allow or prevent temporary or stored cookies in the security settings.
Without your express consent – by enabling cookies in your web browser – BusUp will not link in the cookies the memorized data with your Personal Data provided when registering or making a purchase.
Below, the different types of cookies that BusUp uses are defined:
¥ Technical Cookies: These cookies let users browse a website, platform or application and use the different options or services available, including, for example, controlling the traffic and communication of data, identifying the session, accessing restricted sections, remembering the items that make up an order, carrying out the purchasing process related to an order, registering or applying for participation in an event, using security elements during browsing, storing contents for the dissemination of video or sound, or sharing contents through social networks.
¥ Personalization Cookies: These cookies let users access the service with some general characteristics predefined depending on a series of criteria in the user terminal, such as language, web browser used to access the service, the regional settings of the service access point, etc.
¥ Analysis Cookies: These cookies, correctly handled by us or by third parties, allow us to quantify the number of users and thus make statistical measurements and analyze the use that users make of the service. To do this, your browsing experience on our website is analyzed with the aim of improving our offering of products or services to you.
The User can allow, block or delete the cookies installed on their device by adjusting the options of the web browser installed in their computer, iPhone, Smartphone or any other suitable electronic device.
What is the effect of deactivating cookies? In order for Users to understand what effect deactivating cookies can have, the following examples are provided:
¥ You will not be able to share content from that website on Facebook, Twitter or any other social network.
¥ The Website will not be able to tailor the contents to your personal preferences.
¥ You will not be able to access the personal area of that website, such as My profile or My routes.
¥ Online stores: It will be impossible for you to make online purchases.
¥ It will not be possible to personalize your geographical preferences, such as time zone, currency or language.
¥ The Website will not be able to perform website analytics on visitors and traffic on the web, which will make it difficult for the Website to be competitive.
¥ The Website will also not be able to know whether you are a human being or an automated application that publishes spam.
Can cookies be deleted? Yes. Not only can they be deleted but they can also be blocked, either generally or specifically for a particular domain. To delete a website's cookies, the User should go to the settings of their web browser and find the cookies associated with the domain in question and proceed to delete them.
This section explains how to access a specific cookie of the web browser Google Chrome (this may vary depending on the web browser version):
1. Access “Settings” or “Preferences” through the “File” menu or by clicking on the customization icon that appears in the top-right.
2. Select the option “Show advanced options”.
3. Go to “Privacy, Content settings”.
4. Select “All cookies and site data”.
5. A list will appear with all the cookies, sorted by domain. To make it easier to find the cookies of a particular domain, enter the address in part or in full in the search “Cookies field”.
6. After applying this filter, one or several lines will appear onscreen with the cookies of the requested website. Select the one(s) you wish to delete and click on the “X” to proceed to delete them.
Follow these steps to access the cookie settings of the web browser Internet Explorer (this may vary depending on the web browser version):
1. Go to “Tools, Internet Options”.
2. Click on “Privacy”.
3. Move the slider to adjust the privacy to the level you wish.
Follow these steps to access the cookie settings of the web browser Firefox (this may vary depending on the web browser version):
1. Go to “Options” or “Preferences”, depending on your operating system.
2. Click on “Privacy”.
3. In History, choose “Use a personalized setting for history”.
4. Now you will see the option “Accept cookies”, where you can activate it or deactivate it according to your preferences.
Following these steps to access the cookie settings of the web browser Safari for OSX (this may vary depending on the web browser version):
1. Go to “Preferences”, then “Privacy”.
2. Here you will see the option “Block cookies”, where you can adjust the type of block you wish to apply.
Follow these steps to access the cookie settings of the web browser Safari for iOS (this may vary depending on the web browser version):
1. Goes to “Settings”, then “Safari”.
2. Go to “Privacy & Security”, and you will see the option “Block cookies”, where you can adjust the type of block you wish to apply.
Follow these steps to access the cookie settings of the web browser on Android devices (this may vary depending on the web browser version):
1. Open the web browser and click on the “Menu” button, then “Settings”.
2. Go to “Security and Privacy”, you will see the option “Accept cookies”, where you can activate or deactivate the box.
Follow these steps to access the cookie settings of the web browser on Windows Phone devices (this may vary depending on the web browser version):
1. Open Internet Explorer, then “More”, then “Settings”.
2. Now you can activate or deactivate the box “Allow cookies”.
5. Minors under 14 years of age
The Application and the Website are intended exclusively for Users over 14 years of age, hence access and use is restricted for people under 14 years old. Notwithstanding the above, BusUp reserves the right to verify the actual age of any User in any way it considers appropriate.
If there is a suspicion that a User of the Application and of the Website is under 14 years of age, and that they have falsified the details required for access, BusUp may deny this User access to the services offered.
6. Provision of services by third parties
The data collected will be stored applying the confidentiality and security measures that are legally established, and they will not be given to or shared with companies or entities unrelated to the company responsible for the Website. Nevertheless, BusUp, as the company responsible for the file, may need to make the Personal Data or a portion of it available to third parties that render services, such as the operators of collective transport services that are going to carry out the transport service, other companies belonging to the business group to which BusUp belongs, IT companies and payment suppliers, such as Stripe, Visa, MasterCard, Maestro, American Express, Union Pay, ATM and / or MB Way, which may be located in the European Economic Area or in other countries, some of which may not offer a level of protection equivalent to that which exists in the European Economic Area, for the purposes of the proper maintenance and operation of the Application and of the Website, as well as for managing the payments made by Users for the use of the service contracted through the Application. The Users expressly authorize their personal data to be transferred to these third parties that will be responsible for processing the data, for the aforementioned purposes.
On the Website or on the Application you may find access links to other websites that are unrelated to BusUp. The availability of such links is made in good faith, and BusUp cannot be held responsible for the collection and processing of personal data made on these websites, nor be held responsible for the accuracy, credibility and functionality of third party websites.
BusUp declares and guarantees that at all times it does its best to maintain the security and confidentiality of the Personal Data, in accordance with the applicable legislation in the countries where it operates, continuously developing the security measures adopted to do so at all times, in accordance with any legal and technological developments.
8. BUSUP's responsibilities
BusUp will not be held responsible for the accuracy and truthfulness of the information or of the data entered by Users or third parties on the Website or in the Application and, therefore, neither will it be responsible for any decisions that are taken based on this information or any damages occurring for that reason.
9. Users' obligations
When browsing the Website, as well as when using the Application, the User undertakes to:
a. Provide true data and, where applicable, keep them updated;
b. Not use false identities or impersonate the identity of others;
c. Safeguard access details and/or passwords, undertaking not to give them to others to be used and assuming any liability that may arise from them being used inappropriately; and
BusUp may refuse or restrict access to Users that do not respect these terms and conditions, without the need for prior notification.
10. Obligations of Special Clients
BusUp may enter into contracts with natural and / or legal persons who, by the nature and volume of their transportation needs, are interested in and wish to benefit from, for themselves or for potential third party users of the Platform, customized transportation services provided by BusUp (hereinafter referred to as "Special Clients"), including, but not limited to, the establishment of specific terms for the creation, management and sale of default transportation routes for events and the special configuration of the Platform (hereinafter "Customized Contracts"). With the execution of Customized Contracts, Special Clients undertake to:
b. Allow, when applicable, BusUp to process their Personal Data;
c. Implement and maintain adequate organizational, administrative, physical and technical safeguards to protect the security, availability, confidentiality and integrity of the Personal Data of Users to which they have access, protecting themselves from unauthorized access or alteration, disclosure, destruction or loss of Personal Data;
In Barcelona 8 of february, 2018.